[Congressional Record Volume 143, Number 155 (Friday, November 7, 1997)]
[Senate]
[Pages S11978-S11980]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. MURKOWSKI:
  S. 1403. A bill to amend the National Historic Preservation Act for 
purposes of establishing a national historic lighthouse preservation 
program; to the Committee on Energy and Natural Resources.


       the national historic lighthouse preservation act of 1997

  Mr. MURKOWSKI. Mr. President, I rise today to introduce legislation 
to establish the historic lighthouse preservation bill. This 
legislation would amend the National Historic Preservation Act to 
establish a historic lighthouse preservation program within the 
Department of the Interior.
  The legislation would direct the Secretary of the Interior and the 
Administrator of General Services to establish a process for conveying 
historic lighthouses which are around our coastal areas and Great Lakes 
when these lighthouses have been deemed to be in excess of Federal 
needs of the agency owning and operating the lighthouse.
  For entities eligible to receive a historic lighthouse, it would be 
for the uses of educational, park, recreation, cultural, and historic 
preservation. And the agencies that would be included would be Federal 
or State agencies, local governments, nonprofit corporations, 
educational agencies, and community development organizations, and so 
forth.
  There is no question that the historic lighthouses would be conveyed 
in a nonfee structure to selected entities which would have the 
obligation to maintain these historic structures and maintain their 
integrity.
  The historic lighthouses would revert back to the United States if a 
property ceases to be used for education, park, recreation, cultural or 
historic preservation purposes, or failed to be maintained in 
compliance with the National Historic Preservation Act.
  Mr. President, as I said, I rise today to introduce legislation that 
will establish a national historic light station program.
  Lighthouses are among the most romantic reminders of our country's 
maritime heritage. Marking dangerous headlands, shoals, bars, and 
reefs, these structures played a vital role in indicating navigable 
waters and supporting this Nation's maritime transportation and 
commerce. These lighthouses served the needs of the early mariners who 
navigated by visual sightings on landmarks, coastal lights, and the 
heavens. Hundreds of lighthouses have been built along our sea coasts 
and on the Great Lakes, creating the world's most complex aids to 
navigation system. No other national lighthouse system compares with 
that of the United States in size and diversity of architectural and 
engineering types.
  My legislation pays tribute to this legacy and establishes a process 
which will ensure the protection and maintenance of these historic 
lighthouses so that future generations of Americans will be able to 
appreciate these treasured landmarks.
  The legislation authorizes the Secretary of the Department of the 
Interior, through the National Park Service, to establish a historic 
lighthouse preservation program. The Secretary is charged with 
collecting and sharing information on historic lighthouses; conducting 
educational programs to inform the public about the contribution to 
society of historic lighthouses; and maintaining an inventory of 
historic lighthouses.
  A historic light station is defined as a lighthouse, and surrounding 
property, at least 50 years old, which has been evaluated for inclusion 
on the National Register of Historic Places, and included in the 
Secretary's listing of historic light stations.
  Most important, the Secretary, in conjunction with the Administrator 
of General Services, is to establish a process for identifying, and 
selecting among eligible entities to which a historic lighthouse could 
be conveyed. Eligible entities will include Federal agencies, State 
agencies, local communities, nonprofit corporations, and educational 
and community development organizations financially able to maintain a 
historic lighthouse, including conformance with the National Historic 
Preservation Act. When a historic lighthouse has been deemed excess to 
the needs of the Federal agency which manages the lighthouse, the 
General Services Administration will convey it, for free, to a selected 
entity for education, park, recreation, cultural, and historic 
preservation purposes.

[[Page S11979]]

  My legislation also recognizes the value of lighthouse friends 
groups. Often, these groups have spent significant time and resources 
on preserving the character of historic lighthouses only to have this 
work go to waste when the lighthouse is transferred out of Federal 
ownership. Under current General Services Administration regulations, 
these friends groups are last on the priority list to receive a surplus 
light station in spite of their efforts to protect it. My bill gives 
priority consideration to public entities who submit applications in 
which the public entity partners with a nonprofit friends group.
  Everyone agrees that the historic character of these lighthouses 
needs to be maintained. But the cost of maintaining these historic 
structures is becoming increasingly high for Federal agencies in these 
times of tight budgetary constraints. These lighthouses were built in 
an age when they had to be manned continuously. Today's advanced 
technology makes it possible to build automated aids to navigation that 
do not require around-the-clock manning. This technology has made many 
of these historic lighthouses expensive anachronisms which Federal 
agencies must maintain even if they no longer use them as navigational 
aids.
  My legislation ensures that the historic character of these 
lighthouses are maintained when the lighthouses are no longer needed by 
the Federal Government. When the historic lighthouse is conveyed out of 
Federal ownership, the entity which receives the lighthouse must 
maintain it in accordance with historic preservation laws and 
standards. A lighthouse would revert to the United States, at the 
option of the General Services Administration, if the lighthouse is not 
being used or maintained as required by the law.
  In the event no government agency or nonprofit organization is 
approved to receive a historic lighthouse, it would be offered for sale 
by the General Services Administration. The proceeds from these sales 
would be transferred to the National Maritime Heritage Grant Program 
within the National Park Service. Congress established the National 
Maritime Heritage Grant Program in 1994 to provide grants for maritime 
heritage preservation and education projects. Unfortunately, funding 
for this program has been nonexistent so the proceeds from any historic 
lighthouse sales would help ensure the program's viability.
  It is my intent to ensure that coastal towns, where a historic 
lighthouse is an integral part of the community, would receive a 
historic lighthouse when it is no longer needed by the Federal 
Government. These historic lighthouses could be used by the community 
as a local park, a community center, or a tourist bureau. It also would 
ensure that historic lighthouse friends groups or lighthouse 
preservation societies, which have voluntarily helped to maintain the 
historic character of the lighthouse, could receive an excess 
lighthouse.
  Mr. President, I know firsthand the importance and allure of these 
historic lighthouses. When I was in the Coast Guard, I helped maintain 
lighthouses and other navigational aids. These lights were critical to 
safe maritime traffic and I took my responsibilities seriously knowing 
that lives were dependent on it.
  By preserving historic lighthouses, we preserve a symbol of that era 
in American history when maritime traffic was the lifeblood of the 
Nation, tying isolated coastal towns through trade to distant ports 
around the world. Hundreds of historic lighthouses are owned by the 
Federal Government and many of these are difficult and expensive to 
maintain. This legislation provides a process to ensure that these 
historic lighthouses are maintained and publicly accessible.
  I urge all my colleagues to support this legislation, and I ask 
unanimous consent that the text of the legislation be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1403

       Be it enacted by the Senate and the 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 1997.'

     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 regarding the conveyance of 
     historic light stations.
       ``(b) Conveyance of Historic Light Stations.--
       ``(1) Within one year of enactment, the Secretary and the 
     Administrator of General Services (hereinafter Administrator) 
     shall establish a process for identifying, and selecting, an 
     eligible entity to which a historic light station could be 
     conveyed for education, park, recreation, cultural and 
     historic preservation purposes.
       ``(2) The Secretary shall review all applicants for the 
     conveyance of a historic light station, when the historic 
     light station has been identified as excess to the needs of 
     the agency with administrative jurisdiction over the historic 
     light station, and forward to the Administrator a single 
     approved application for the conveyance of the historic light 
     station. When selecting an eligible entity, the Secretary may 
     consult with the State Historic Preservation Officer of the 
     state in which the historic light station is located. A 
     priority of consideration shall be afforded public entities 
     that submit applications in which the public entity enters 
     into a partnership with a nonprofit organization whose 
     primary mission is historic light station preservation.
       ``(3) The Administrator shall convey, by quit claim deed, 
     without consideration, all right, title, and interest of the 
     United States in and to the historic light station, together 
     with any related real property, subject to the conditions set 
     forth in subsection (c) upon 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.
       ``(c) Terms of Conveyance.--
       ``(1) The conveyance of a historic light station shall be 
     made subject to any conditions as the Administrator considers 
     necessary to ensure that--
       ``(A) the lights, antennas, sound signal, electronic 
     navigation equipment, and associated light station 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 needed for this purpose;
       ``(B) the eligible entity to which the historic light 
     station is conveyed under this section shall not interfere or 
     allow interference in any manner with aids to navigation 
     without the express written permission of the head of the 
     agency responsible for maintaining the aids to navigation;
       ``(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 under this section as may be 
     necessary for navigation purposes;
       ``(D) the eligible entity to which the historic light 
     station is conveyed under this section shall maintain the 
     property in accordance with the National Historic 
     Preservation Act of 1966, 16 U.S.C. 470-470x, the Secretary's 
     Historic Preservation Standards, and other applicable laws; 
     and
       ``(E) the United States shall have the right, at any time, 
     to enter property conveyed under this section without notice 
     for purposes of maintaining and inspecting aids to navigation 
     and ensuring compliance with paragraph (C), to the extent 
     that it is not possible to provide advance notice.
       ``(2) The Secretary, the Administrator, and any eligible 
     entity to which a historic light station is conveyed under 
     this section, shall not be required to maintain any active 
     aids to navigation associated with a historic light station.
       ``(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 property 
     in its existing condition, at the option of the 
     Administrator, revert to the United States if--
       ``(A) the property or any part of the property ceases to be 
     available for education, park, recreation, cultural, and 
     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 property or any part of the property ceases to be 
     maintained in a manner that ensures its present or future use 
     as an aid to navigation or compliance with the National 
     Historic Preservation Act. 16 U.S.C. 470-470x, the 
     Secretary's Historic Preservation Standards, and other 
     applicable laws; or
       ``(C) at least 30 days before the reversion, the 
     Administrator provides written notice to the owner that the 
     property is needed for national security purposes.
       ``(d) Description of Property.--The legal description of 
     any historic light station, and any real property and 
     improvements associated therewith, conveyed under this 
     section

[[Page S11980]]

     shall be determined by the Administrator. The Administrator 
     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 historical light 
     station whether located at the light station or elsewhere.
       ``(e) Responsibilities of Conveyees.--Each eligible entity 
     to which a historic light station is conveyed under this 
     section shall use and maintain the light station in 
     accordance with this section, and have such terms and 
     conditions recorded with the deed of title to the light 
     station and any real property conveyed therewith.
       ``(f) 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, support structures, piers, 
     walkways, and underlying land; provided that the light tower 
     or lighthouse shall be--
       ``(A) at least 50 years old;
       ``(B) evaluated for inclusion in the National Register of 
     Historic Places; and
       ``(C) included on the Secretary's listing of historic light 
     stations.
       ``(2) Eligible Entity.--The term `eligible entity' shall 
     mean any department or agency of the Federal government, 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--
       ``(A) has agreed to comply with the conditions set forth in 
     subsection (c) and to have those conditions recorded in the 
     conveyance documents to the light station and any real 
     property and improvements that may be conveyed therewith;
       ``(B) is financially able to maintain the light station 
     (and any real property and improvements conveyed therewith) 
     in accordance with the conditions set forth in subsection 
     (c); and
       ``(C) can indemnity the Federal government to cover any 
     loss in connection with the light station and any real 
     property and improvements that may be conveyed therewith, or 
     any expenses incurred due to reversion.

     SEC. 3. SALE OF SURPLUS 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. 309. Historic Light Station Sales

       ``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. Conveyance documents shall include all 
     necessary convenants to protect the historical integrity of 
     the site. Net sale proceeds 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.

     SEC. 4. TRANSFER OF HISTORIC LIGHT STATIONS TO FEDERAL 
                   AGENCIES.

       Title III of the National Historic Preservation Act of 
     1966, 16 U.S.C. 470-470x, is amended by adding at the end the 
     following new section:
       ``Sec. 310. Transfer of Historic Light Stations to Federal 
     Agencies
       ``After the date of enactment, any department or agency of 
     the Federal government, to which a historic light station is 
     conveyed, shall maintain the historic light station in 
     accordance with the National Historic Preservation Act of 
     1966, 16 U.S.C. 470-470x, the Secretary's Historic 
     Preservation Standards, and other applicable laws.

     SEC. 5. 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.
                                 ______