[Congressional Record Volume 146, Number 116 (Tuesday, September 26, 2000)]
[House]
[Pages H8137-H8140]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL HISTORIC LIGHTHOUSE PRESERVATION ACT OF 2000
Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4613) to amend the National Historic Preservation Act for
purposes of establishing a national historic lighthouse preservation
program, as amended.
The Clerk read as follows:
H.R. 4613
Be it enacted by the Senate and 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 2000''.
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) Process and policy.--Not later than one year after
the date of the enactment of this section, the Secretary and
the Administrator shall establish a process and policies 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, and
to monitor the use of such light station by the eligible
entity.
``(2) Application review.--The Secretary shall review all
applications for the conveyance of a historic light station,
when the agency with administrative jurisdiction over the
historic light station has determined the property to be
`excess property' as that term is defined in the Federal
Property Administrative Services Act of 1949 (40 U.S.C.
472(e)), and forward to the Administrator a single approved
application for the conveyance of the historic light station.
When selecting an eligible entity, the Secretary shall
consult with the State Historic Preservation Officer of the
state in which the historic light station is located.
``(3) Conveyance of historic light stations.--(A) Except as
provided in subparagraph (B), the Administrator shall convey,
by quitclaim 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) after 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 the Stewart
B. McKinney Homeless Assistance Act (42 U.S.C. 11301 et seq.)
or section 416(d) of the Coast Guard Authorization Act of
1998 (Public Law 105-383).
``(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 of a
historic light station referenced in this paragraph, such
conveyance 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) If the Secretary approves the sale of a historic
light station referenced in this paragraph, such sale shall
be subject to the conditions set forth in subparagraphs (A)
through (D) and (H) of subsection (c)(1) and subsection
(c)(2) and any other terms or conditions the Secretary
considers necessary to protect the resources of the park unit
or wildlife refuge.
``(iv) For those historic light stations referenced in this
paragraph, the Secretary is encouraged to enter into
cooperative agreements
[[Page H8138]]
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) In general.--The conveyance of a historic light
station shall be made subject to any conditions, including
the reservation of easements and other rights on behalf of
the United States, the Administrator considers necessary to
ensure that--
``(A) the Federal aids to navigation located at the
historic light station in operation on the date of conveyance
remain the personal property of the United States and
continue to be operated and maintained by the United States
for as long as needed for navigational purposes;
``(B) there is reserved to the United States the right to
remove, replace, or install any Federal aid to navigation
located at the historic light station as may be necessary for
navigational purposes;
``(C) the eligible entity to which the historic light
station is conveyed under this section shall not interfere or
allow interference in any manner with any Federal aid to
navigation, nor hinder activities required for the operation
and maintenance of any Federal aid to navigation, without the
express written permission of the head of the agency
responsible for maintaining the Federal aid to navigation;
``(D) the eligible entity to which the historic light
station is conveyed under this section shall, at its own cost
and expense, use and maintain the historic light station in
accordance with this Act, the Secretary of the Interior's
Standards for the Treatment of Historic Properties, 36 CFR
part 68, and other applicable laws, and any proposed changes
to the historic light station shall be reviewed and approved
by the Secretary in consultation with the State Historic
Preservation Officer of the state in which the historic light
station is located, for consistency with 36 CFR part
800.5(a)(2)(vii), and the Secretary of the Interior's
Standards for Rehabilitation, 36 CFR part 67.7;
``(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;
``(F) the eligible entity to which the historic light
station is conveyed shall not sell, convey, assign, exchange,
or encumber the historic light station, any part thereof, or
any associated historic artifact conveyed to the eligible
entity in conjunction with the historic light station
conveyance, including but not limited to any lens or
lanterns, unless such sale, conveyance, assignment, exchange
or encumbrance is approved by the Secretary;
``(G) the eligible entity to which the historic light
station is conveyed shall not conduct any commercial
activities at the historic light station, any part thereof,
or in connection with any associated historic artifact
conveyed to the eligible entity in conjunction with the
historic light station conveyance, in any manner, unless such
commercial activities are approved by the Secretary; and
``(H) the United States shall have the right, at any time,
to enter the historic light station conveyed under this
section without notice, for purposes of operating,
maintaining, and inspecting any aid to navigation and for the
purpose of ensuring compliance with this subsection, to the
extent that it is not possible to provide advance notice.
``(2) Maintenance of aid to navigation.--Any eligible
entity to which a historic light station is conveyed under
this section shall not be required to maintain any Federal
aid to navigation associated with a historic light station,
except any private aids to navigation permitted under section
83 of title 14, United States Code, to the eligible entity.
``(3) Reversion.--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, or any associated historic artifact
conveyed to the eligible entity in conjunction with the
historic light station conveyance, including but not limited
to any lens or lanterns, at the option of the Administrator,
shall revert to the United States and be placed under the
administrative control of the Administrator, if--
``(A) the historic light station, any part thereof, or any
associated historic artifact 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 thereof ceases
to be maintained in a manner that ensures its present or
future use as a site for a Federal aid to navigation;
``(C) the historic light station, any part thereof, or any
associated historic artifact ceases to be maintained in
compliance with this Act, the Secretary of the Interior's
Standards for the Treatment of Historic Properties, 36 CFR
part 68, and other applicable laws;
``(D) the eligible entity to which the historic light
station is conveyed, sells, conveys, assigns, exchanges, or
encumbers the historic light station, any part thereof, or
any associated historic artifact, without approval of the
Secretary;
``(E) the eligible entity to which the historic light
station is conveyed, conducts any commercial activities at
the historic light station, any part thereof, or in
conjunction with any associated historic artifact, without
approval of the Secretary; or
``(F) at least 30 days before the reversion, the
Administrator provides written notice to the owner that the
historic light station or any part thereof is needed for
national security purposes.
``(d) Description of Property.--
``(1) In general.--The Administrator shall prepare the
legal description of any historic light station conveyed
under this section. The Administrator, in consultation with
the Commandant, United States Coast Guard, and the Secretary,
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. Wherever possible, such historical artifacts
should be used in interpreting that station. In cases where
there is no method for preserving lenses and other artifacts
and equipment in situ, priority should be given to
preservation or museum entities most closely associated with
the station, if they meet loan requirements.
``(2) Artifacts.--Artifacts associated with, but not
located at, the historic light station at the time of
conveyance shall remain the personal property of the United
States under the administrative control of the Commandant,
United States Coast Guard.
``(3) Covenants.--All conditions placed with the quitclaim
deed of title to the historic light station shall be
construed as covenants running with the land.
``(4) Submerged lands.--No submerged lands shall be
conveyed under this section.
``(e) Definitions.--For purposes of this section:
``(1) Administrator.--The term `Administrator' shall mean
the Administrator of General Services.
``(2) 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, underlying and appurtenant land
and related real property and improvements associated
therewith; provided that the `historic light station' shall
be included in or eligible for inclusion in the National
Register of Historic Places.
``(3) 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; and
``(ii) is financially able to maintain the historic light
station in accordance with the conditions set forth in
subsection (c).
``(4) Federal aid to navigation.--The term `Federal aid to
navigation' shall mean any device, operated and maintained by
the United States, external to a vessel or aircraft, intended
to assist a navigator to determine position or safe course,
or to warn of dangers or obstructions to navigation, and
shall include, but not be limited to, a light, lens, lantern,
antenna, sound signal, camera, sensor, electronic navigation
equipment, power source, or other associated equipment.
``(5) Secretary.--The term `Secretary' means the Secretary
of the Interior.''.
SEC. 3. SALE OF HISTORIC LIGHT STATIONS.
Title III of the National Historic Preservation Act (16
U.S.C. 470w, 470w-6), as amended by section 2 of this Act, is
amended by adding at the end the following new section:
``SEC. 309. HISTORIC LIGHT STATION SALES.
``(a) In General.--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 and consistent with the
requirements of section 308, subparagraphs (A) through (D)
and (H) of subsection (c)(1), and subsection (c)(2).
Conveyance documents shall include all necessary covenants to
protect the historical integrity of the historic light
station and ensure that any Federal aid to navigation located
at the historic light station is operated and maintained by
the United States for as long as needed for that purpose.
``(b) Net Sale Proceeds.--Net sale proceeds from the
disposal of a historic light station--
``(1) located on public domain lands 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; and
``(2) under the administrative control of the Coast Guard
shall be credited to the Coast Guard's Operating Expenses
appropriation account, and shall be available for obligation
and expenditure for the maintenance of light stations
remaining under the administrative control of the Coast
Guard, such funds to remain available until expended and
shall be available in addition to funds available in the
Operating Expense appropriation for this purpose.''.
SEC. 4. 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 SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Hansen) and the gentleman from Puerto Rico (Mr. Romero-
Barcelo) each will control 20 minutes.
The Chair recognizes the gentleman from Utah (Mr. Hansen).
{time} 1800
Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 4613 was introduced by the gentleman from Indiana
[[Page H8139]]
(Mr. Souder) and amends the National Historic Preservation Act for
purposes of establishing a National Historic Lighthouse Preservation
Program. This legislation has been a long time coming, and the
gentleman from Indiana is to be congratulated in working hard to get
all parties to agree to this bill.
Specifically, H.R. 4613 establishes a process for the conveyance of
excess historic lighthouses from Federal ownership to eligible entities
who have agreed to the terms and conditions of the conveyance. Eligible
entities can include Federal, State or local agencies, along with
nonprofit corporations and community development organizations.
The bill also provides for the establishment of a national historic
light station program to collect information on, foster educational
programs relating to, and maintaining a listing of historic light
stations.
Mr. Speaker, lighthouses and light stations have long played an
important role in our Nation's history. Today, the United States has
the largest number of lighthouses, as well as the most diverse
collection of light stations, in any country in the world. There are
633 lighthouses built before 1939 and classified as historic. The
majority of these lighthouses are owned by the Federal Government. A
number of historic lighthouses have been leased to local communities
and nonprofit lighthouse friends groups for parks, recreation, and
educational purposes. The costs associated with maintaining a historic
lighthouse in compliance with National Historic Preservation standards
can be significant.
Federal agencies with direct responsibilities for these lighthouses
have begun to look for an alternative means for efficient management
and reducing costs. However, current procedures for disposal of these
sites do not guarantee that all historic light stations will be
protected. H.R. 4613 would alleviate these problems by providing a
mechanism to ensure that light stations will be protected not only for
their significant historic values but also for architectural
contributions.
Mr. Speaker, this bill is supported by the minority and the
administration. It serves a very important purpose, and I urge my
colleagues to support H.R. 4613, as amended.
Mr. Speaker, I submit for the Record letters to and from the
gentleman from Pennsylvania (Mr. Shuster) and the gentleman from Alaska
(Mr. Young) regarding this bill.
House of Representatives,
Committee on Resources,
Washington, DC, September 21, 2000.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure,
Washington, DC.
Dear Mr. Chairman: I ask your help in scheduling H.R. 4613,
authored Congressman Mark Souder, for consideration by the
House of Representatives as soon as possible.
H.R. 4613 was referred solely to the Committee on
Resources, but I believe that your committee has a
jurisdictional interest in the bill. The bill amends the
National Historic Preservation Act for purposes of
establishing a national historic lighthouse preservation
program. The bill was introduced on June 8, 2000, and the
Subcommittee on National Parks and Public Lands held a
hearing on the bill on July 13, 2000. The Committee on
Resources ordered the bill favorably reported with technical
amendments by voice vote on September 13, 2000. My staff has
forwarded a copy of the bill report to your staff for review.
Because the House has less than 3 weeks before the target
adjournment, I ask that you not seek a sequential referral of
the bill. This action would not be considered as precedent
for any future referrals of similar measures or seen as
affecting your Committee's jurisdiction over the subject
matter of the bill. Moreover, if the bill is conferenced with
the Senate, I would support naming Transportation and
Infrastructure Committee members to the conference committee.
I look forward to your response and would be pleased to
include it and this letter in the report on H.R. 4613.
Sincerely,
Don Young, Chairman.
____
Committee on Transportation
and Infrastructure,
Washington, DC, September 26, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
Washington, DC.
Dear Mr. Chairman: Thank you for your letter concerning
H.R. 4613, the National Historic Lighthouse Preservation Act
of 2000. The Transportation and Infrastructure Committee has
a jurisdictional interest in this bill, to the extent that it
may affect Coast Guard lighthouses and adjacent property that
have not been declared excess to the needs of the Coast Guard
and transferred to the General Services Administration for
disposal. However, we have reviewed H.R. 4613, and agree not
to request a sequential referral of this bill.
I appreciate your acknowledgement that this action will not
be considered as precedent for future referrals of similar
measures or affect the Transportation and Infrastructure
Committee's jurisdiction over the subject matter of the bill.
I also appreciate your support for naming Transportation and
Infrastructure members to the conference committee on H.R.
4613.
With kind personal regards,
Sincerely,
Bud Shuster, Chairman.
Mr. Speaker, I reserve the balance of my time.
Mr. ROMERO-BARCELO. Mr. Speaker I yield myself such time as I may
consume.
(Mr. ROMERO-BARCELO asked and was given permission to revise and
extend his remarks.)
Mr. ROMERO-BARCELO. Mr. Speaker, H.R. 4613, sponsored by the
gentleman from Indiana (Mr. Souder), would amend the National Historic
Preservation Act to create a program under which historic lighthouses
might be transferred to State, local, or private ownership. Such a
program is needed as technological developments render more and more of
these properties outdated. It would be a shame, indeed, if historical
and educational values of these old lighthouses were lost to all
Americans simply because they are no longer needed by the ship
captains.
Mr. Speaker, we support H.R. 4613, and we urge our colleagues to vote
for it.
Mr. Speaker, I reserve the balance of my time.
Mr. HANSEN. Mr. Speaker, I yield such time as he may consume to the
gentleman from Indiana (Mr. Souder), the author of this legislation.
(Mr. SOUDER asked and was given permission to revise and extend his
remarks.)
Mr. SOUDER. Mr. Speaker, I want to thank the gentleman from Utah (Mr.
Hansen) for moving this bill forward, as well as the ranking minority
member, the gentleman from Puerto Rico (Mr. Romero-Barcelo), and his
cosponsorship. I very much appreciate the bipartisan effort that we
have been able to develop on this bill.
I also want to publicly thank Senator Murkowski of Alaska, who has
been the leader in passing this in the last Congress in the Senate and
through the Committee on Resources this time, and I hope we can finally
get this bill done.
This bill would amend the National Historic Preservation Act to
establish a historic lighthouse preservation program within the
Department of the Interior. It also directs an improved process for
conveying historic lighthouses. It has not been fair that some
community organizations have worked to preserve and restore these
lighthouses only in the conveyance process to have to go through a
bidding process where first government agencies sometimes get a crack
at it, other times private entities, and the very groups that worked so
hard to preserve it get to be last in line. This, I believe, will
correct that.
When a historic lighthouse has been deemed excess to the needs of the
Federal Government, the General Services Administration will convey it,
for free, so the groups do not get in a bidding war, to a selected
entity for education, park, recreation, cultural, and historic
preservation purposes. It is important to note that groups selected for
conveyance will be obligated to maintain the integrity of these
historic structures. In fact, lighthouses conveyed pursuant to this act
would convert back to the Federal Government if the property ceases to
be used for education, park, recreation, cultural or historic
preservation purposes; or if it is not maintained in compliance with
the National Historic Preservation Act.
Having public access to these lighthouses is extremely important, and
there are many more lighthouses, more than we have had in the many
years up to this point that are about to be conveyed into the private
sector. I have a couple of beautiful models from my office to
illustrate this point. This is near Stony Brook on Long Island at Old
Field Lighthouse. Here the local town uses this building for a
community office and then the public can arrange tours to go through
the lighthouse. That is a multiple-use purpose
[[Page H8140]]
where the public can still appreciate this beautiful lighthouse.
I brought this one from my office today, the Spectacle Reef in the
Great Lakes region, to illustrate another point that I want to make
sure the legislative language reflects. Some of these are out in the
middle of the Great Lakes, or off the shore in the ocean, or in
Chesapeake Bay. Those lighthouses, we need to understand, will not have
the same public access as would a lighthouse on the shore. While that
is not in the bill, I think we understand that and it has been a point
brought to our attention by the Great Lakes lightkeepers.
Mr. Speaker, I want to thank the chairman again for his leadership,
and I submit for the Record testimony offered at a hearing held before
the Subcommittee on National Parks and Public Lands regarding this
topic:
Testimony of Richard L. Moehl, President, Great Lakes Lighthouse
Keepers Association
The Process and Policy process of this Bill (H.R. 4613)
will determine the success of the legislation.
1. Off-shore and remote light stations deserve special
considerations.
a. Seasonal and weather related access limits the practical
and productive time at these light stations.
b. The cost of restoring and preserving these light
stations is five to ten times the cost of restoring and
preserving a drive-up-to light station.
c. Sanitation conditions are a challenge. Taking care of
human waste is different today than when these light stations
were originally operated. This may be THE major problem in
restoring offshore lighthouses. A solution MUST be found.
d. Boat expenses for mooring, insurance, inspections,
maintenance and operations can run into the tens of thousands
of dollars per year.
2. The ``open to the public'' portion of the Bill needs
some``teeth'' put into the Process and Policy decision.
Regulations are needed such as the prohibition of alcohol and
tobacco products at the light station. We see too many
boaters smoking and with alcohol products in hand visiting
the St. Helena Island Light Station. Prohibition of these
risky activities would carry more enforcement weight if
included in deeds.
3. The limitation on commercial activities cannot exclude
fund raising for restoration, preservation and operational
expenses.
4. Michigan Lighthouse Project: This collaboration of
agencies and organizations to facilitate the transfer of
historic light stations in the State of Michigan can be a
model for other states and regions.
5. The State of Michigan, and possibly other states, has a
law of public trust that prohibits certain uses of
bottomlands upon which the off-shore lights in the State of
Michigan are built. The interpretation of this ``public
trust'' needs to be resolved in order for any of these light
stations to be transferred. In the meanwhile long-term leases
can transfer control; but there needs to be a little transfer
provision for the lessee should the public trust law be
resolved.
6. All eligible entities need to have access to surplus
Federal personal property i.e. generators, boats and other
needed supplies.
7. Group insurance, liability and theft/vandalism for
valuable historic artifacts, coordinated with these transfers
needs to be a consideration.
8. A National Lighthouse Preservation Fund should be put
into place. Upwards of $750,000 can be spent abating,
stabilizing, dealing with public health issues, and
completing a Historic Structures Report to begin the needed
restoration process.
Mr. ROMERO-BARCELO. Mr. Speaker, I have no further requests for time,
and I yield back the balance of my time.
Mr. HANSEN. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mr. Hutchinson). The question is on the
motion offered by the gentleman from Utah (Mr. Hansen) that the House
suspend the rules and pass the bill, H.R. 4613, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________