II 110th CONGRESS 1st Session S. 1796 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.

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.