[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1403 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1403

    To amend the National Historic Preservation Act for purposes of 
   establishing a national historic lighthouse preservation program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 7, 1997

 Mr. Murkowski introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
    To amend the National Historic Preservation Act for purposes of 
   establishing a national historic lighthouse preservation program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Historic Lighthouse 
Preservation Act of 1997''.

SEC. 2. PRESERVATION OF HISTORIC LIGHT STATIONS.

    Title III of the National Historic Preservation Act (16 U.S.C. 
470w-470w-6) is amended by adding at the end the following new section:
``Sec. 308. Historic lighthouse preservation
    ``(a) In General.--In order to provide a national historic light 
station program, the Secretary shall--
            ``(1) collect and disseminate information concerning 
        historic light stations, including historic lighthouses and 
        associated structures;
            ``(2) foster educational programs relating to the history, 
        practice, and contribution to society of historic light 
        stations;
            ``(3) sponsor or conduct research and study into the 
        history of light stations;
            ``(4) maintain a listing of historic light stations; and
            ``(5) assess the effectiveness of the program established 
        by this section regarding the conveyance of historic light 
        stations.
    ``(b) Conveyance of Historic Light Stations.--
            ``(1) Within one year of enactment, the Secretary and the 
        Administrator of General Services (hereinafter Administrator) 
        shall establish a process for identifying, and selecting, an 
        eligible entity to which a historic light station could be 
        conveyed for education, park, recreation, cultural and historic 
        preservation purposes.
            ``(2) The Secretary shall review all applicants for the 
        conveyance of a historic light station, when the historic light 
        station has been identified as excess to the needs of the 
        agency with administrative jurisdiction over the historic light 
        station, and forward to the Administrator a single approved 
        application for the conveyance of the historic light station. 
        When selecting an eligible entity, the Secretary may consult 
        with the State Historic Preservation Officer of the state in 
        which the historic light station is located. A priority of 
        consideration shall be afforded public entities that submit 
        applications in which the public entity enters into a 
        partnership with a nonprofit organization whose primary mission 
        is historic light station preservation.
            ``(3) The Administrator shall convey, by quit claim deed, 
        without consideration, all right, title, and interest of the 
        United States in and to the historic light station, together 
        with any related real property, subject to the conditions set 
        forth in subsection (c) upon the Secretary's selection of an 
        eligible entity. The conveyance of a historic light station 
        under this section shall not be subject to the provisions of 42 
        U.S.C. 11301 et seq.
    ``(c) Terms of Conveyance.--
            ``(1) The conveyance of a historic light station shall be 
        made subject to any conditions as the Administrator considers 
        necessary to ensure that--
                    ``(A) the lights, antennas, sound signal, 
                electronic navigation equipment, and associated light 
                station equipment located on the property conveyed, 
                which are active aids to navigation, shall continue to 
                be operated and maintained by the United States for as 
                long as needed for this purpose;
                    ``(B) the eligible entity to which the historic 
                light station is conveyed under this section shall not 
                interfere or allow interference in any manner with aids 
                to navigation without the express written permission of 
                the head of the agency responsible for maintaining the 
                aids to navigation;
                    ``(C) there is reserved to the United States the 
                right to relocate, replace, or add any aid to 
                navigation or make any changes to property conveyed 
                under this section as may be necessary for navigation 
                purposes;
                    ``(D) the eligible entity to which the historic 
                light station is conveyed under this section shall 
                maintain the property in accordance with the National 
                Historic Preservation Act of 1966, 16 U.S.C. 470-470x, 
                the Secretary's Historic Preservation Standards, and 
                other applicable laws; and
                    ``(E) the United States shall have the right, at 
                any time, to enter property conveyed under this section 
                without notice for purposes of maintaining and 
                inspecting aids to navigation and ensuring compliance 
                with paragraph (C), to the extent that it is not 
                possible to provide advance notice.
            ``(2) The Secretary, the Administrator, and any eligible 
        entity to which a historic light station is conveyed under this 
        section, shall not be required to maintain any active aids to 
        navigation associated with a historic light station.
            ``(3) In addition to any term or condition established 
        pursuant to this subsection, the conveyance of a historic light 
        station shall include a condition that the property in its 
existing condition, at the option of the Administrator, revert to the 
United States if--
                    ``(A) the property or any part of the property 
                ceases to be available for education, park, recreation, 
                cultural, and historic preservation purposes for the 
                general public at reasonable times and under reasonable 
                conditions which shall be set forth in the eligible 
                entity's application;
                    ``(B) the property or any part of the property 
                ceases to be maintained in a manner that ensures its 
                present or future use as an aid to navigation or 
                compliance with the National Historic Preservation Act, 
                16 U.S.C. 470-470x, the Secretary's Historic 
                Preservation Standards, and other applicable laws; or
                    ``(C) at least 30 days before the reversion, the 
                Administrator provides written notice to the owner that 
                the property is needed for national security purposes.
    ``(d) Description of Property.--The legal description of any 
historic light station, and any real property and improvements 
associated therewith, conveyed under this section shall be determined 
by the Administrator. The Administrator may retain all right, title, 
and interest of the United States in and to any historical artifact, 
including any lens or lantern, that is associated with the historial 
light station whether located at the light station or elsewhere.
    ``(e) Responsibilities of Conveyees.--Each eligible entity to which 
a historic light station is conveyed under this section shall use and 
maintain the light station in accordance with this section, and have 
such terms and conditions recorded with the deed to title to the light 
station and any real property conveyed therewith.
    ``(f) Definitions.--For purposes of this section:
            ``(1) Historic light station.--The term `historic light 
        station' includes the light tower, lighthouse, keepers 
        dwelling, garages, storage sheds, support structures, piers, 
        walkways, and underlying land; provided that the light tower or 
        lighthouse shall be--
                    ``(A) at least 50 years old;
                    ``(B) evaluated for inclusion in the National 
                Register of Historic Places; and
                    ``(C) included on the Secretary's listing of 
                historic light stations.
            ``(2) Eligible entity.--The term `eligible entity' shall 
        mean any department or agency of the Federal government, any 
        department or agency of the state in which the historic light 
        station is located, the local government of the community in 
        which the historic light station is located, nonprofit 
        corporation, educational agency, or community development 
        organization that--
                    ``(A) has agreed to comply with the conditions set 
                forth in subsections (c) and to have those conditions 
                recorded in the conveyance documents to the light 
                station and any real property and improvements that may 
                be conveyed therewith;
                    ``(B) is financially able to maintain the light 
                station (and any real property and improvements 
                conveyed therewith) in accordance with the conditions 
                set forth in subsection (c); and
                    ``(C) can indemnify the Federal government to cover 
                any loss in connection with the light station and any 
                real property and improvements that may be conveyed 
                therewith, or any expenses incurred due to 
                reversion.''.

SEC. 3. SALE OR SURPLUS LIGHT STATIONS.

    Title III of the National Historic Preservation Act (16 U.S.C. 
470w-470w-6) is amended by adding at the end the following new section:
``Sec. 309. Historic light station sales
    ``In the event no applicants are approved for the conveyance of a 
historic light station pursuant to section 308, the historic light 
station shall be offered for sale. Terms of such sales shall be 
developed by the Administrator of General Services. Conveyance 
documents shall include all necessary covenants to protect the 
historical integrity of the site. Net sale proceeds shall be 
transferred to the National Maritime Heritage Grant Program, 
established by the National Maritime Heritage Act of 1994, Public Law 
103-451, within the Department of the Interior.

SEC. 4. TRANSFER OF HISTORIC LIGHT STATIONS TO FEDERAL AGENCIES.

    Title III of the National Historic Preservation Act of 1966, 16 
U.S.C 470-470x, is amended by adding at the end the following new 
section:
``Sec. 310. Transfer of historic light stations to Federal agencies
    ``After the date of enactment, any department or agency of the 
Federal government, to which a historic light station is conveyed, 
shall maintain the historic light station in accordance with the 
National Historic Preservation Act of 1966, 16 U.S.C. 470-470x, the 
Secretary's Historic Preservation Standards, and other applicable laws.

SEC. 5. FUNDING.

    There are hereby authorized to be appropriated to the Secretary of 
the Interior such sums as may be necessary to carry out this Act.
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