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





                                                       Calendar No. 444

105th CONGRESS

  2d Session

                                S. 1403

                          [Report No. 105-230]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             June 26, 1998

                       Reported with an amendment





                                                       Calendar No. 444
105th CONGRESS
  2d Session
                                S. 1403

                          [Report No. 105-230]

    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

                             June 26, 1998

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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, 

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 2. PRESERVATION OF HISTORIC LIGHT STATIONS.</DELETED>

<DELETED>    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:</DELETED>
<DELETED>``Sec. 308. Historic lighthouse preservation</DELETED>
<DELETED>    ``(a) In General.--In order to provide a national historic 
light station program, the Secretary shall--</DELETED>
        <DELETED>    ``(1) collect and disseminate information 
        concerning historic light stations, including historic 
        lighthouses and associated structures;</DELETED>
        <DELETED>    ``(2) foster educational programs relating to the 
        history, practice, and contribution to society of historic 
        light stations;</DELETED>
        <DELETED>    ``(3) sponsor or conduct research and study into 
        the history of light stations;</DELETED>
        <DELETED>    ``(4) maintain a listing of historic light 
        stations; and</DELETED>
        <DELETED>    ``(5) assess the effectiveness of the program 
        established by this section regarding the conveyance of 
        historic light stations.</DELETED>
<DELETED>    ``(b) Conveyance of Historic Light Stations.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Terms of Conveyance.--</DELETED>
        <DELETED>    ``(1) The conveyance of a historic light station 
        shall be made subject to any conditions as the Administrator 
        considers necessary to ensure that--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Definitions.--For purposes of this 
section:</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) at least 50 years old;</DELETED>
                <DELETED>    ``(B) evaluated for inclusion in the 
                National Register of Historic Places; and</DELETED>
                <DELETED>    ``(C) included on the Secretary's listing 
                of historic light stations.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 3. SALE OR SURPLUS LIGHT STATIONS.</DELETED>

<DELETED>    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:</DELETED>
<DELETED>``Sec. 309. Historic light station sales</DELETED>
<DELETED>    ``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.</DELETED>

<DELETED>SEC. 4. TRANSFER OF HISTORIC LIGHT STATIONS TO FEDERAL 
              AGENCIES.</DELETED>

<DELETED>    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:</DELETED>
<DELETED>``Sec. 310. Transfer of historic light stations to Federal 
              agencies</DELETED>
<DELETED>    ``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.</DELETED>

<DELETED>SEC. 5. FUNDING.</DELETED>

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Historic Lighthouse 
Preservation Act of 1998''.

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 the date of enactment of this 
        section, 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, or 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)(A) Except as provided in paragraph (B), 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, subject to the 
        conditions set forth in subsection (c). 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.
            ``(B)(i) Historic light stations located within the 
        exterior boundaries of a unit of the National Park System or a 
        refuge within the National Wildlife Refuge System shall be 
        conveyed or sold only with the approval of the Secretary.
            ``(ii) If the Secretary approves the conveyance or sale of 
        a historic light station referenced in this paragraph, such 
        conveyance or sale shall be subject to the conditions set forth 
        in subsection (c) and any other terms or conditions the 
        Secretary considers necessary to protect the resources of the 
        park unit or wildlife refuge.
            ``(iii) For those historic light stations referenced in 
        this paragraph, the Secretary is encouraged to enter 
        cooperative agreements with appropriate eligible entities, as 
        provided in this Act, to the extent such cooperative agreements 
        are consistent with the Secretary's responsibilities to manage 
        and administer the park unit or wildlife refuge, as 
        appropriate.
    ``(c) Terms of Conveyance.--
            ``(1) The conveyance of a historic light station shall be 
        made subject to any conditions the Administrator considers 
        necessary to ensure that--
                    ``(A) the lights, antennas, sound signal, 
                electronic navigation equipment, and associated light 
                station equipment located at the historic light 
                station, 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 located at the historic light station 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 historic light station in accordance with 
                the National Historic Preservation Act of 1966, 16 
                U.S.C. 470-470x, the Secretary of the 
Interior's Standards for the Treatment of Historic Properties, and 
other applicable laws;
                    ``(E) the eligible entity to which the historic 
                light station is conveyed under this section shall make 
                the historic light station available for education, 
                park, recreation, cultural or historic preservation 
                purposes for the general public at reasonable times and 
                under reasonable conditions; and
                    ``(F) the United States shall have the right, at 
                any time, to enter the historic light station 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 historic light 
        station in its existing condition, at the option of the 
        Administrator, revert to the United States if--
                    ``(A) the historic light station or any part of the 
                historic light station ceases to be available for 
                education, park, recreation, cultural, or 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 historic light station or any part of the 
                historic light station 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 of 
                the Interior's Standards for the Treatment of Historic 
                Properties, and other applicable laws; or
                    ``(C) at least 30 days before the reversion, the 
                Administrator provides written notice to the owner that 
                the historic light station is needed for national 
                security purposes.
    ``(d) Description of Property.--The Administrator shall prepare the 
legal description of any historic light station conveyed under this 
section. 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 historic light station and 
located at the light station at the time of conveyance. All conditions 
placed with the deed of title to the historic light station shall be 
construed as covenants running with the land. No submerged lands shall 
be conveyed to nonfederal entities.
    ``(e) Responsibilities of Conveyees.--Each eligible entity to which 
a historic light station is conveyed under this section shall use and 
maintain the historic light station in accordance with this section, 
and have such conditions recorded with the deed of title to the 
historic light station.
    ``(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, oil house, fog signal 
        building, boat house, barn, pumphouse, tramhouse support 
        structures, piers, walkways, and related real property and 
        improvements associated therewith; provided that the light 
        tower or lighthouse shall be included in or eligible for 
        inclusion in the National Register of Historic Places.
            ``(2) Eligible entity.--The term `eligible entity' shall 
        mean--
                    ``(A) any department or agency of the Federal 
                government; or
                    ``(B) 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--
                            ``(i) has agreed to comply with the 
                        conditions set forth in subsection (c) and to 
                        have such conditions recorded with the deed of 
                        title to the historic light station;
                            ``(ii) is financially able to maintain the 
                        historic light station in accordance with the 
                        conditions set forth in subsection (c); and
                            ``(iii) can indemnify the Federal 
                        government to cover any loss in connection with 
                        the historic light station, or any expenses 
                        incurred due to reversion.''.

SEC. 3. SALE OF 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 historic light station and ensure that any 
active aids to navigation located at the historic light station are 
operated and maintained by the United States for as long as needed for 
that purpose. Net sale proceeds shall be transferred to the National 
Maritime Heritage Grant Program, established by the National Maritime 
Heritage Act of 1994, Pub. L. 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 of this section, 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 of the Interior's Standards for the Treatment of Historic 
Properties, 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.