[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4613 Reported in House (RH)]
Union Calendar No. 538
106th CONGRESS
2d Session
H. R. 4613
[Report No. 106-890]
To amend the National Historic Preservation Act for purposes of
establishing a national historic lighthouse preservation program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 8, 2000
Mr. Souder (for himself, Mr. Stupak, Mr. Forbes, Mr. Romero-Barcelo,
Mr. English, Mr. Metcalf, Mr. Holden, Mr. LoBiondo, Mr. Shays, Mr.
Gillmor, and Ms. Kaptur) introduced the following bill; which was
referred to the Committee on Committee on Resources
September 26, 2000
Additional sponsors: Mr. Kildee and Mr. Jones of North Carolina
September 26, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on June 8,
2000]
_______________________________________________________________________
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 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 one 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.
Union Calendar No. 538
106th CONGRESS
2d Session
H. R. 4613
[Report No. 106-890]
_______________________________________________________________________
A BILL
To amend the National Historic Preservation Act for purposes of
establishing a national historic lighthouse preservation program.
_______________________________________________________________________
September 26, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed