[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4613 Enrolled Bill (ENR)]

        H.R.4613

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


 
    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 2000''.

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) Process and policy.--Not later than 1 year after the date 
    of the enactment of this section, the Secretary and the 
    Administrator shall establish a process and policies 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, and to monitor the use 
    of such light station by the eligible entity.
        ``(2) Application review.--The Secretary shall review all 
    applications for the conveyance of a historic light station, when 
    the agency with administrative jurisdiction over the historic light 
    station has determined the property to be `excess property' as that 
    term is defined in the Federal Property Administrative Services Act 
    of 1949 (40 U.S.C. 472(e)), and forward to the Administrator a 
    single approved application for the conveyance of the historic 
    light station. When selecting an eligible entity, the Secretary 
    shall consult with the State Historic Preservation Officer of the 
    State in which the historic light station is located.
        ``(3) Conveyance of historic light stations.--(A) Except as 
    provided in subparagraph (B), the Administrator shall convey, by 
    quitclaim 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) after 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 the Stewart B. McKinney Homeless Assistance Act 
    (42 U.S.C. 11301 et seq.) or section 416(d) of the Coast Guard 
    Authorization Act of 1998 (Public Law 105-383).
        ``(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 of a historic 
    light station referenced in this paragraph, such conveyance 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) If the Secretary approves the sale of a historic light 
    station referenced in this paragraph, such sale shall be subject to 
    the conditions set forth in subparagraphs (A) through (D) and (H) 
    of subsection (c)(1) and subsection (c)(2) and any other terms or 
    conditions the Secretary considers necessary to protect the 
    resources of the park unit or wildlife refuge.
        ``(iv) For those historic light stations referenced in this 
    paragraph, the Secretary is encouraged to enter into 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) In general.--The conveyance of a historic light station 
    shall be made subject to any conditions, including the reservation 
    of easements and other rights on behalf of the United States, the 
    Administrator considers necessary to ensure that--
            ``(A) the Federal aids to navigation located at the 
        historic light station in operation on the date of conveyance 
        remain the personal property of the United States and continue 
        to be operated and maintained by the United States for as long 
        as needed for navigational purposes;
            ``(B) there is reserved to the United States the right to 
        remove, replace, or install any Federal aid to navigation 
        located at the historic light station as may be necessary for 
        navigational purposes;
            ``(C) the eligible entity to which the historic light 
        station is conveyed under this section shall not interfere or 
        allow interference in any manner with any Federal aid to 
        navigation, nor hinder activities required for the operation 
        and maintenance of any Federal aid to navigation, without the 
        express written permission of the head of the agency 
        responsible for maintaining the Federal aid to navigation;
            ``(D) the eligible entity to which the historic light 
        station is conveyed under this section shall, at its own cost 
        and expense, use and maintain the historic light station in 
        accordance with this Act, the Secretary of the Interior's 
        Standards for the Treatment of Historic Properties, 36 CFR part 
        68, and other applicable laws, and any proposed changes to the 
        historic light station shall be reviewed and approved by the 
        Secretary in consultation with the State Historic Preservation 
        Officer of the State in which the historic light station is 
        located, for consistency with 36 CFR part 800.5(a)(2)(vii), and 
        the Secretary of the Interior's Standards for Rehabilitation, 
        36 CFR part 67.7;
            ``(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;
            ``(F) the eligible entity to which the historic light 
        station is conveyed shall not sell, convey, assign, exchange, 
        or encumber the historic light station, any part thereof, or 
        any associated historic artifact conveyed to the eligible 
        entity in conjunction with the historic light station 
        conveyance, including but not limited to any lens or lanterns, 
        unless such sale, conveyance, assignment, exchange or 
        encumbrance is approved by the Secretary;
            ``(G) the eligible entity to which the historic light 
        station is conveyed shall not conduct any commercial activities 
        at the historic light station, any part thereof, or in 
        connection with any associated historic artifact conveyed to 
        the eligible entity in conjunction with the historic light 
        station conveyance, in any manner, unless such commercial 
        activities are approved by the Secretary; and
            ``(H) the United States shall have the right, at any time, 
        to enter the historic light station conveyed under this section 
        without notice, for purposes of operating, maintaining, and 
        inspecting any aid to navigation and for the purpose of 
        ensuring compliance with this subsection, to the extent that it 
        is not possible to provide advance notice.
        ``(2) Maintenance of aid to navigation.--Any eligible entity to 
    which a historic light station is conveyed under this section shall 
    not be required to maintain any Federal aid to navigation 
    associated with a historic light station, except any private aids 
    to navigation permitted under section 83 of title 14, United States 
    Code, to the eligible entity.
        ``(3) Reversion.--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, or any associated historic artifact conveyed to the 
    eligible entity in conjunction with the historic light station 
    conveyance, including but not limited to any lens or lanterns, at 
    the option of the Administrator, shall revert to the United States 
    and be placed under the administrative control of the 
    Administrator, if--
            ``(A) the historic light station, any part thereof, or any 
        associated historic artifact 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 thereof ceases 
        to be maintained in a manner that ensures its present or future 
        use as a site for a Federal aid to navigation;
            ``(C) the historic light station, any part thereof, or any 
        associated historic artifact ceases to be maintained in 
        compliance with this Act, the Secretary of the Interior's 
        Standards for the Treatment of Historic Properties, 36 CFR part 
        68, and other applicable laws;
            ``(D) the eligible entity to which the historic light 
        station is conveyed, sells, conveys, assigns, exchanges, or 
        encumbers the historic light station, any part thereof, or any 
        associated historic artifact, without approval of the 
        Secretary;
            ``(E) the eligible entity to which the historic light 
        station is conveyed, conducts any commercial activities at the 
        historic light station, any part thereof, or in conjunction 
        with any associated historic artifact, without approval of the 
        Secretary; or
            ``(F) at least 30 days before the reversion, the 
        Administrator provides written notice to the owner that the 
        historic light station or any part thereof is needed for 
        national security purposes.
    ``(d) Description of Property.--
        ``(1) In general.--The Administrator shall prepare the legal 
    description of any historic light station conveyed under this 
    section. The Administrator, in consultation with the Commandant, 
    United States Coast Guard, and the Secretary, 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. Wherever possible, such historical artifacts 
    should be used in interpreting that station. In cases where there 
    is no method for preserving lenses and other artifacts and 
    equipment in situ, priority should be given to preservation or 
    museum entities most closely associated with the station, if they 
    meet loan requirements.
        ``(2) Artifacts.--Artifacts associated with, but not located 
    at, the historic light station at the time of conveyance shall 
    remain the personal property of the United States under the 
    administrative control of the Commandant, United States Coast 
    Guard.
        ``(3) Covenants.--All conditions placed with the quitclaim deed 
    of title to the historic light station shall be construed as 
    covenants running with the land.
        ``(4) Submerged lands.--No submerged lands shall be conveyed 
    under this section.
    ``(e) Definitions.--For purposes of this section:
        ``(1) Administrator.--The term `Administrator' shall mean the 
    Administrator of General Services.
        ``(2) 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, 
    underlying and appurtenant land and related real property and 
    improvements associated therewith; provided that the `historic 
    light station' shall be included in or eligible for inclusion in 
    the National Register of Historic Places.
        ``(3) 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; and
                ``(ii) is financially able to maintain the historic 
            light station in accordance with the conditions set forth 
            in subsection (c).
        ``(4) Federal aid to navigation.--The term `Federal aid to 
    navigation' shall mean any device, operated and maintained by the 
    United States, external to a vessel or aircraft, intended to assist 
    a navigator to determine position or safe course, or to warn of 
    dangers or obstructions to navigation, and shall include, but not 
    be limited to, a light, lens, lantern, antenna, sound signal, 
    camera, sensor, electronic navigation equipment, power source, or 
    other associated equipment.
        ``(5) Secretary.--The term `Secretary' means the Secretary of 
    the Interior.''.

SEC. 3. SALE OF HISTORIC LIGHT STATIONS.

    Title III of the National Historic Preservation Act (16 U.S.C. 
470w, 470w-6), as amended by section 2 of this Act, is amended by 
adding at the end the following new section:

``SEC. 309. HISTORIC LIGHT STATION SALES.

    ``(a) In General.--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 and 
consistent with the requirements of section 308, subparagraphs (A) 
through (D) and (H) of subsection (c)(1), and subsection (c)(2). 
Conveyance documents shall include all necessary covenants to protect 
the historical integrity of the historic light station and ensure that 
any Federal aid to navigation located at the historic light station is 
operated and maintained by the United States for as long as needed for 
that purpose.
    ``(b) Net Sale Proceeds.--Net sale proceeds from the disposal of a 
historic light station--
        ``(1) located on public domain lands 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; and
        ``(2) under the administrative control of the Coast Guard shall 
    be credited to the Coast Guard's Operating Expenses appropriation 
    account, and shall be available for obligation and expenditure for 
    the maintenance of light stations remaining under the 
    administrative control of the Coast Guard, such funds to remain 
    available until expended and shall be available in addition to 
    funds available in the Operating Expense appropriation for this 
    purpose.''.

SEC. 4. 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.