[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1796 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1796

To provide for the conveyance of the Presque Isle Light Station Fresnel 
                Lens to Presque Isle Township, Michigan.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 17, 2007

Mr. Levin (for himself and Ms. Stabenow) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To provide for the conveyance of the Presque Isle Light Station Fresnel 
                Lens to Presque Isle Township, Michigan.

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

SECTION 1. CONVEYANCE OF PRESQUE ISLE LIGHT STATION FRESNEL LENS TO 
              PRESQUE ISLE TOWNSHIP, MICHIGAN.

    (a) Conveyance of Lens Authorized.--
            (1) Transfer of possession.--Notwithstanding any other 
        provision of law, the Commandant of the Coast Guard may 
        transfer to Presque Isle Township, a township in Presque Isle 
        County in the State of Michigan (in this section referred to as 
        the ``Township''), possession of the Historic Fresnel Lens (in 
        this section referred to as the ``Lens'') from the Presque Isle 
        Light Station Lighthouse, Michigan (in this section referred to 
        as the ``Lighthouse'').
            (2) Condition.--As a condition of the transfer of 
        possession authorized by paragraph (1), the Township shall, not 
        later than one year after the date of transfer, install the 
        Lens in the Lighthouse for the purpose of operating the Lens 
        and Lighthouse as a Class I private aid to navigation pursuant 
        to section 85 of title 14, United States Code, and the 
        applicable regulations under that section.
            (3) Conveyance of lens.--Upon the certification of the 
        Commandant that the Township has installed the Lens in the 
        Lighthouse and is able to operate the Lens and Lighthouse as a 
        private aid to navigation as required by paragraph (2), the 
        Commandant shall convey to the Township all right, title, and 
        interest of the United States in and to the Lens.
            (4) Cessation of united states operations of aids to 
        navigation at lighthouse.--Upon the making of the certification 
        described in paragraph (3), all active Federal aids to 
        navigation located at the Lighthouse shall cease to be operated 
        and maintained by the United States.
    (b) Reversion.--
            (1) Reversion for failure of aid to navigation.--If the 
        Township does not comply with the condition set forth in 
        subsection (a)(2) within the time specified in that subsection, 
        the Township shall, except as provided in paragraph (2), return 
        the Lens to the Commandant at no cost to the United States and 
        under such conditions as the Commandant may require.
            (2) Exception for historical preservation.--Notwithstanding 
        the lack of compliance of the Township as described in 
        paragraph (1), the Township may retain possession of the Lens 
        for installation as an artifact in, at, or near the Lighthouse 
        upon the approval of the Commandant. The Lens shall be retained 
        by the Township under this paragraph under such conditions for 
        the preservation and conservation of the Lens as the Commandant 
        shall specify for purposes of this paragraph. Installation of 
        the Lens under this paragraph shall occur, if at all, not later 
        than two years after the date of the transfer of the Lens to 
        the Township under subsection (a)(1).
            (3) Reversion for failure of historical preservation.--If 
        retention of the Lens by the Township is authorized under 
        paragraph (2) and the Township does not install the Lens in 
        accordance with that paragraph within the time specified in 
        that paragraph, the Township shall return the lens to the Coast 
        Guard at no cost to the United States and under such conditions 
        as the Commandant may require.
    (c) Conveyance of Additional Personal Property.--
            (1) Transfer and conveyance of personal property.--
        Notwithstanding any other provision of law, the Commandant may 
        transfer to the Township any additional personal property of 
        the United States related to the Lens that the Commandant 
        considers appropriate for conveyance under this section. If the 
        Commandant conveys the Lens to the Township under subsection 
        (a)(3), the Commandant may convey to the Township any personal 
        property previously transferred to the Township under this 
        subsection.
            (2) Reversion.--If the Lens is returned to the Coast Guard 
        pursuant to subsection (b), the Township shall return to the 
        Coast Guard all personal property transferred or conveyed to 
        the Township under this subsection except to the extent 
        otherwise approved by the Commandant.
    (d) Conveyance Without Consideration.--The conveyance of the Lens 
and any personal property under this section shall be without 
consideration.
    (e) Delivery of Property.--The Commandant shall deliver property 
conveyed under this section--
            (1) at the place where such property is located on the date 
        of the conveyance;
            (2) in condition on the date of conveyance; and
            (3) without cost to the United States.
    (f) Maintenance of Property.--As a condition of the conveyance of 
any property to the Township under this section, the Commandant shall 
enter into an agreement with the Township under which the Township 
agrees--
            (1) to operate the Lens as a Class I private aid to 
        navigation under section 85 of title 14, United States Code, 
        and application regulations under that section; and
            (2) to hold the United States harmless for any claim 
        arising with respect to personal property conveyed under this 
        section.
    (g) Limitation on Future Conveyance.--The instruments providing for 
the conveyance of property under this section shall--
            (1) require that any further conveyance of an interest in 
        such property may not be made without the advance approval of 
        the Commandant; and
            (2) provide that, if the Commandant determines that an 
        interest in such property was conveyed without such approval--
                    (A) all right, title, and interest in such property 
                shall revert to the United States, and the United 
                States shall have the right to immediate possession of 
                such property; and
                    (B) the recipient of such property shall pay the 
                United States for costs incurred by the United States 
                in recovering such property.
    (h) Additional Terms and Conditions.--The Commandant may require 
such additional terms and conditions in connection with the conveyances 
authorized by this section as the Commandant considers appropriate to 
protect the interests of the United States.
                                 <all>