[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3245 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 3245

To provide for the transfer of the Coast Guard Station Scituate to the 
    National Oceanic and Atmospheric Administration, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 26 (legislative day, September 22), 2000

   Mr. Kerry introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To provide for the transfer of the Coast Guard Station Scituate to the 
    National Oceanic and Atmospheric Administration, and for other 
                               purposes.

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

SECTION 1. TRANSFER OF COAST GUARD STATION SCITUATE TO THE NATIONAL 
              OCEANIC AND ATMOSPHERIC ADMINISTRATION.

    (a) Authority to Transfer.--
            (1) In general.--The Administrator of the General Services 
        Administration, in consultation with the Commandant, United 
        States Coast Guard, may transfer without consideration 
        administrative jurisdiction, custody, and control over the 
        Federal property known as Coast Guard Station Scituate to the 
        National Oceanic and Atmospheric Administration (hereinafter 
        referred to as ``NOAA'').
            (2) Identification of property.--The Administrator, in 
        consultation with the Commandant, may identify, describe, and 
        determine the property to be transferred under this section.
    (b) Terms of Transfer.--
            (1) The transfer of the property shall be made subject to 
        any conditions and reservations the Commandant considers 
        necessary to ensure that--
                    (A) the transfer of the property to NOAA is 
                contingent upon the relocation of Coast Guard Station 
                Scituate to a suitable site;
                    (B) there is reserved to the Coast Guard the right 
                to remove, relocate, or replace any aid to navigation 
                located upon, or install any aid to navigation upon, 
                the property transferred under this section as may be 
                necessary for navigational purposes; and
                    (C) the Coast Guard shall have the right to enter 
                the property transferred under this section at any 
                time, without notice, for purposes of operating, 
                maintaining, and inspecting any aid to navigation.
            (2) The transfer of the property shall be made subject to 
        the review and acceptance of the property by NOAA.
    (c) Relocation of Station Scituate.--The Coast Guard may--
            (1) lease land, including unimproved or vacant land, for a 
        term not to exceed 20 years, for the purpose of relocating 
        Coast Guard Station Scituate; and
            (2) improve the land leased under this subsection.

SEC. 2. COAST GUARD STATION NANTUCKET; PLUM ISLAND PROPERTY.

    (a) Authority to Convey.--
            (1) In general.--The Secretary of Transportation may 
        convey, by an appropriate means of conveyance, all right, 
        title, and interest of the United States in and to each of the 
        following properties:
                    (A) Coast Guard LORAN Station Nantucket, located in 
                Nantucket, Massachusetts, to the Town of Nantucket, 
                Massachusetts.
                    (B) Two parcels of land on which are situated the 
                Plum Island Boathouse and the Plum Island Lighthouse 
                (also known as the Newburyport Harbor Light), located 
                in Essex County, Massachusetts, to the city of 
                Newburyport, Massachusetts.
            (2) Identification of property.--The Secretary may 
        identify, describe, and determine the property to be conveyed 
        under this section.
            (3) Limitation.--The Secretary may not under this section 
        convey--
                    (A) any historical artifact, including any lens or 
                lantern, located on the property at or before the time 
                of the conveyance; or
                    (B) any interest in submerged land.
    (b) General Terms and Conditions.--
            (1) In general.--Each conveyance of property under this 
        section shall be made--
                    (A) without payment of consideration; and
                    (B) subject to the conditions required by this 
                section and other terms and conditions the Secretary 
                may consider appropriate, including the reservation of 
                easements and other rights on behalf of the United 
                States.
            (2) Reversionary interest.--In addition to any term or 
        condition established under this section, each conveyance of 
        property under this section shall be subject to the condition 
        that all right, title, and interest in the property conveyed 
        shall immediately revert to the United States if--
                    (A) the property, or any part of the property--
                            (i) ceases to be available and accessible 
                        to the public, on a reasonable basis, for 
                        educational, park, recreational, cultural, 
                        historic preservation, or other similar 
                        purposes specified for the property in the 
                        terms of conveyance;
                            (ii) ceases to be maintained in a manner 
                        that is consistent with its present or future 
                        use as a site for Coast Guard aids to 
                        navigation or compliance with this section; or
                            (iii) ceases to be maintained in a manner 
                        consistent with the provisions in paragraph (4) 
                        established by the Secretary pursuant to the 
                        National Historic Preservation Act of 1966 (16 
                        U.S.C. 470 et seq.); or
                    (B) at least 30 days before that reversion, the 
                Secretary provides written notice to the owner that the 
                property is needed for national security purposes.
            (3) Maintenance of navigation functions.--Each conveyance 
        of property under this section shall be made subject to the 
        conditions that the Secretary considers to be necessary to 
        assure that--
                    (A) the lights, antennas, and associated 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 they are 
                needed for this purpose;
                    (B) the owner of the property may not interfere or 
                allow interference in any manner with aids to 
                navigation without express written permission from the 
                Commandant of the Coast Guard;
                    (C) there is reserved to the United States the 
                right to relocate, replace, or add any aid to 
                navigation or make any changes to the property conveyed 
                as may be necessary for navigational purposes;
                    (D) the United States shall have the right, at any 
                time, to enter the property without notice for the 
                purpose of maintaining aids to navigation and for the 
                purpose of enforcing compliance with this section; and
                    (E) the United States shall have an easement of 
                access to and across the property for the purpose of 
                maintaining the aids to navigation in use on the 
                property.
            (4) Maintenance of property.--
                    (A) Subject to subparagraph (B), the owner of a 
                property conveyed under this section shall maintain the 
                property in a proper, substantial, and workmanlike 
                manner, and in accordance with any conditions 
                established by the conveying authority pursuant to the 
                National Historic Preservation Act of 1966 (16 U.S.C. 
                470 et seq.), and other applicable laws.
                    (B) The owner of a property conveyed under this 
                section is not required to maintain any active aid to 
                navigation equipment on the property, except private 
                aids to navigation permitted under section 83 of title 
                14, United States Code.
    (c) Special Terms and Conditions.--
            (1) Coast guard loran station nantucket.--
                    (A) The Secretary may not convey under this section 
                any interest in the property referred to in subsection 
                (a)(1)(A) before the date on which the Town of 
                Nantucket enters into an agreement with the Secretary 
                to relocate the Coast Guard receiving antenna and 
                associated equipment (as determined by the Commandant, 
                at the Town's sole expense and in accordance with 
                design specification, project schedules, and final 
                project approval by the Commandant.
                    (B) The Commandant may, at any time before the date 
                of the conveyance under this section of an interest in 
                the property referred to in subsection (a)(1)(A), grant 
                to the Town of Nantucket a real property license for 
                the purpose of allowing the Town to enter the property 
                to commence construction of a waste water treatment 
                facility and for other site preparation activities.
                    (C) Paragraphs (2)(A)(iii) and (4)(A) of subsection 
                (b) do not apply to the property referred to in 
                subsection (a)(1)(A).
            (2) Plum island property.--The Secretary shall retain all 
        right, title, and interest of the United States in and to any 
        portion of any parcel referred to in subsection (a)(1)(B) that 
        the Secretary considers appropriate.
    (d) Definitions.--In this section:
            (1) Aids to navigation.--The term ``aids to navigation'' 
        means equipment used for navigation purposes, including lights, 
        antennae, radio, sound signals, electronic navigation 
        equipment, or other associated equipment operated or maintained 
        by the United States.
            (2) Commandant.--The term ``Commandant'' means the 
        Commandant of the Coast Guard.
            (3) Owner.--The term ``owner'' means, for a property 
        conveyed under this section, the person identified in 
        subsection (a)(1) to whom the property is conveyed, including 
        any successor or assign of that person.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
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