[Congressional Record Volume 144, Number 96 (Friday, July 17, 1998)]
[Senate]
[Pages S8536-S8537]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         NATIONAL HISTORIC LIGHTHOUSE PRESERVATION ACT OF 1998

  The Senate proceeded to consider the bill (S. 1043) to amend the 
National Historic Preservation Act for purposes of establishing a 
national historic lighthouse preservation program, which had been 
reported from the Committee on Energy and Natural Resources, with an 
amendment to strike all after the enacting clause and inserting in lieu 
thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Historic Lighthouse 
     Preservation Act of 1998''.

     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 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 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.
       ``(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)(A) Except as provided in paragraph (B), 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, subject to the 
     conditions set forth in subsection (c). 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.
       ``(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 or sale of 
     a historic light station referenced in this paragraph, such 
     conveyance or sale 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) 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 the Administrator considers 
     necessary to ensure that--
       ``(A) the lights, antennas, sound signal, electronic 
     navigation equipment, and associated light station equipment 
     located at the historic light station, 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 located at 
     the historic light station 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 
     historic light station in accordance with the National 
     Historic Preservation Act of 1966, 16 U.S.C. 470-470x, the 
     Secretary of the Interior's Standards for the Treatment of 
     Historic Properties, and other applicable laws;
       ``(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; and
       ``(F) the United States shall have the right, at any time, 
     to enter the historic light station 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 historic 
     light station in its existing condition, at the option of the 
     Administrator, revert to the United States if--
       ``(A) the historic light station or any part of the 
     historic light station 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 of the 
     historic light station 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 of the 
     Interior's Standards for the Treatment of Historic 
     Properties, and other applicable laws; or
       ``(C) at least 30 days before the reversion, the 
     Administrator provides written notice to the owner that the 
     historic light station is needed for national security 
     purposes.
       ``(d) Description of Property.--The Administrator shall 
     prepare the legal description of any historic light station 
     conveyed under this section. 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 historic light station and located at the 
     light station at the time of conveyance. All conditions 
     placed with the deed of title to the historic light station 
     shall be construed as covenants running with the land. No 
     submerged lands shall be conveyed to nonfederal entities.
       ``(e) Responsibilities of Conveyees.--Each eligible entity 
     to which a historic light station is conveyed under this 
     section shall use and maintain the historic light station in 
     accordance with this section, and have such conditions 
     recorded with the deed of title to the historic light 
     station.
       ``(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, oil house, fog signal 
     building, boat house, barn, pumphouse, tramhouse support 
     structures, piers, walkways, and related real property and 
     improvements associated therewith; provided that the light 
     tower or lighthouse shall be included in or eligible for 
     inclusion in the National Register of Historic Places.

[[Page S8537]]

       ``(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;
       ``(ii) is financially able to maintain the historic light 
     station in accordance with the conditions set forth in 
     subsection (c); and
       ``(iii) can indemnify the Federal government to cover any 
     loss in connection with the historic light station, 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 covenants to protect the historical integrity of 
     the historic light station and ensure that any active aids to 
     navigation located at the historic light station are operated 
     and maintained by the United States for as long as needed for 
     that purpose. Net sale proceeds shall be transferred to the 
     National Maritime Heritage Grant Program, established by the 
     National Maritime Heritage Act of 1994, Pub. L. 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 of this section, 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 of the Interior's Standards for the Treatment of 
     Historic Properties, 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.

  The committee amendment was agreed to.
  The bill (S. 1043), as amended, was deemed read the third time and 
passed.

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