[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2343 Reported in Senate (RS)]






                                                       Calendar No. 756
106th CONGRESS
  2d Session
                                S. 2343

                          [Report No. 106-380]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 4, 2000

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

                            August 25, 2000

 Reported under authority of the order of the Senate of July 26, 2000, 
                    by Mr. Murkowski with amendments
  [Omit the part struck through 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,

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:
<DELETED>``Sec. 308. Historic lighthouse preservation</DELETED>

``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 
        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) The Secretary shall review all <DELETED>applicants 
        </DELETED>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, as amended, 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)(A) Except as provided in paragraph (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 42 U.S.C. 11301 et seq. or Section 416(d) of 
        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 subparagraph (c)(1)(A)-
        (D), (c)(1)(H), 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 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, 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 National 
                Historic Preservation Act of 1966, 16 U.S.C. 470--470x-
                7, 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) 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 for any private aids to 
        navigation permitted under 14 U.S.C. 83 to the eligible entity.
            ``(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, 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 the National Historic 
                Preservation Act, 16 U.S.C. 470--470x-7, 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) The Administrator shall prepare the legal description 
        of any historic light station conveyed under this section. The 
        Administrator, in consultation with the Commandant, U.S. 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 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, U.S. Coast Guard.
            ``(3) All conditions placed with the quitclaim deed of 
        title to the historic light station shall be construed as 
        covenants running with the land.
            ``(4) No submerged lands shall be conveyed under this 
        section.
    ``(e) 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, 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.
            ``(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; and
                            (ii) is financially able to maintain the 
                        historic light station in accordance with the 
                        conditions set forth in subsection (c).
            ``(3) 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.
            ``(4) 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, is amended by adding at the end the following new 
section:
<DELETED>``Sec. 309. Historic light station sales</DELETED>

``SEC. 309. HISTORIC LIGHT STATION SALES.

    ``(a) 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 (c)(1)(A)-(D), 
(c)(1)(H), 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 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; provided further, that such 
        funds 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.




                                                       Calendar No. 756

106th CONGRESS

  2d Session

                                S. 2343

                          [Report No. 106-380]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            August 25, 2000

                        Reported with amendments