[Senate Report 105-230]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 444
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-230
_______________________________________________________________________


 
         NATIONAL HISTORIC LIGHTHOUSE PRESERVATION ACT OF 1997

                                _______
                                

                 June 26, 1998.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1403]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1403) to amend the National Historic 
Preservation Act for purposes of establishing a national 
historic lighthouse preservation program, having considered the 
same, reports favorably thereon with an amendment and 
recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert 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 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.
          ``(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--
                          ``(1) 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;
                          ``(2) is financially able to maintain the 
                        historic light station in accordance with the 
                        conditions set forth in subsection (c); and
                          ``(3) 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.

                         Purpose of the Measure

    S. 1403 amends the National Historic Preservation Act for 
purposes of establishing a national historic lighthouse 
preservation program within the National Park Service. S. 1403 
establishes procedures for the conveyance of excess historic 
lighthouse from Federal ownership and gives priority 
consideration to nonprofit historic lighthouse friends groups 
which partner with local communities.

                          Background and Need

    In the United States, there are 633 lighthouses built 
before 1939 and classified as ``historic''. The majority of 
these historic lighthouses are owned by the Federal Government 
with the U.S. Coast Guard having responsibility for 
approximately 400., A number of U.S. Coast Guard historic 
lighthouses have been leased to local communities and nonprofit 
lighthouse friends groups for park, recreation, and educational 
purposes. Other Federal agencies with jurisdiction over 
historic lighthouses include all four of the Federal land 
management agencies, the Army and the Navy. Over 200 historic 
lighthouses have been transferred from Federal ownership to 
private owners, nonprofit entities, and municipal and State 
governments.
    Approximately two-thirds of the historic lighthouses still 
support an active aid to navigation. However, most historic 
lighthouses have an active aid to navigation on a modern steel 
pole or nearby buoy. All but one Boston Harbor Light, is 
automated and does not require a keeper.
    The costs of maintaining a historic lighthouse in 
compliance with national historic preservation standards can be 
significant. In light of budget reductions and downsizing, a 
1992 lighthouse policy review recommended the U.S. Coast Guard 
evaluate lighthouse properties on the basis of its minimum 
operational needs. Lighthouse properties that are no longer 
needed as aids to navigation are identified as possible excess 
property. Over the last few years, the U.S. Coast Guard has 
been aggressively excessing Coast Guard properties, including 
historic lighthouses. In 1997, over 40 Great Lakes lighthouses 
were identified as excess.
    Generally, the U.S. Coast Guard reports historic 
lighthouses to the Administrator of General Service 
(Administrator) as ``excess'' property under the Federal 
Property and Administrative Services Act of 1949, as amended 
(40 U.S.C. 471 et seq.). Once a historic lighthouse is deemed 
excess by the U.S. Coast Guard, the Administrator is required 
to ``screen'' it for a variety of uses, including uses by other 
Federal agencies. Under current law, the Administrator must 
``screen'' each property before it can be determined to be 
surplus property. If determined to be surplus property, the 
Administrator then offers the lighthouses to state and local 
agencies. If there are not government takers, the property is 
sold to the highest bidder.
    Nonprofit historic lighthouse friends groups are given no 
consideration in the disposal process, even if a friends group 
has spent significant amounts of time and money to rehabilitate 
and maintain a historic lighthouse or has leased it from the 
U.S. Coast Guard. If the lighthouse isnot ``taken'' by a 
Federal agency, the friends group must compete against other entities 
and individuals and bid on the lighthouse which often is located on 
valuable waterfront property.
    The only option for a historic lighthouse friends group, 
under this disposal regime, is to seek a legislative transfer 
with Congress dictating to whom an excess historic lighthouse 
is to be conveyed. Relying on legislative transfers is a risky 
endeavor for many friends groups who have little experience 
with lobbying Congress. Legislative transfers also impose 
additional burdens on the U.S. Coast Guard which must prepare 
all conveyance documents (as opposed to the General Services 
Administration which prepares the required paperwork for 
transfers pursuant to the authority of the Federal Property and 
Administrative Services Act of 1949).

                          Legislative History

    S. 1403 was introduced by Senator Murkowski on November 7, 
1997. The Committee on Energy and Natural Resources held a 
hearing on S. 1403 on February 11, 1998.
    At its business meeting on May 13, 1998, the Committee on 
Energy and Natural Resources ordered S. 1403, as amended, 
favorably reported.

           Committee Recommendations and Tabulation of Votes

    The Committee on Energy and Natural Resources, in open 
business session on May 13, 1998, by a unanimous vote of a 
quorum present, recommends that the Senate pass S. 1403, if 
amended as described herein. The rollcall vote on reporting the 
measure was 20 yeas, 0 nays, as follows:
    Yeas: Mr. Murkowski, Mr. Domenici, Mr. Nickles,\1\ Mr. 
Craig, Mr. Campbell, Mr. Thomas, Mr. Kyl, Mr. Grams,\1\ Mr. 
Smith, Mr. Gorton, Mr. Burns,\1\ Mr. Bumpers, Mr. Ford, Mr. 
Bingaman, Mr. Akaka, Mr. Dorgan,\1\ Mr. Graham,\1\ Mr. Wyden, 
Mr. Johnson, and Ms. Landrieu.
---------------------------------------------------------------------------
    \1\ Indicates voted by proxy.
---------------------------------------------------------------------------

                          Committee Amendment

    During the consideration of S. 1403, the Committee adopted 
an amendment in the nature of a substitute which made a number 
of clarifying and technical changes to the bill as introduced. 
The amendment reflects the recommendations of the National Park 
Service, General Services Administration, Coast Guard, and 
lighthouse friends group.
    The amendment clarifies the definition of a historic light 
station to include related real property and improvements and 
that Federal agencies do not have to prove financial capability 
or ability to indemnify in order to qualify as an ``eligible 
entity.'' The amendment also clarifies, as a condition of 
transfer, that an eligible entity maintain the light station 
for education, park recreation, cultural or historic 
preservation purposes for the general public at reasonable 
times and under reasonable conditions. The Secretary of the 
Interior must approve any conveyance or sale of a historic 
light station located within the exterior boundaries of a unit 
of the National Park System or a refuge within the National 
Wildlife Refuge System. The United States shall have access to 
aids to navigation at any historic light station transferred 
out of Federal ownership.

                      Section-by-Section Analysis

    Section 1 declares the short title of the bill to be the 
``National Historic Lighthouse Preservation Act of 1998''.
    Section 2 amends Title III of the National Historic 
Preservation Act, 16 U.S.C. 470w-470w-6, by adding a new 
section 308 to the Act addressing historic lighthouse 
preservation. New subsection 308(a) charges the Secretary of 
the Interior (Secretary) with administering a national historic 
light station program consisting of five listed elements. The 
Secretary already performs many of these tasks under the 
authority of the National Maritime Heritage Act, Pub. Law 103-
451.
    New subsection 308(b) establishes a procedure for the 
conveyance of historic light stations out of Federal ownership. 
The Secretary and the Administrator of General Services 
(Administrator) are charged with establishing a process for the 
identification and selection of entities eligible for the 
conveyance of a historic light station for education, park, 
recreation,cultural or historic preservation purposes. Once a 
historic light station has been identified as excess to the needs of 
the Federal agency with jurisdiction over it, the Secretary is directed 
to review all applicants for the light station giving priority 
consideration to a public entity which partners with a nonprofit 
historic lighthouse friends group. The Secretary may consult with the 
appropriate State Historic Preservation Officer during the review 
process.
    The Secretary is to forward an approved application to the 
Administrator who is to convey, by quit claim deed, without 
consideration, all right, title and interest of the United 
States in the historic light station, subject to the conditions 
set forth in new subsection 308(c). However, no historic light 
station located within the exterior boundaries of a unit of the 
National Park Service or a refuge within the National Wildlife 
Refuge System, is to be conveyed or sold without the approval 
of the Secretary. If the Secretary approves such conveyance or 
sale, it will be subject to any additional conditions the 
Secretary determines are necessary to protect the resources of 
the park unit or wildlife refuge. For those historic light 
stations located within the exterior boundaries of a park unit 
or wildlife refuge which are not transferred out of Federal 
ownership, the Secretary is encouraged to enter into agreements 
with nonprofit historic lighthouse friends groups to maintain 
the historic light station.
    New subsection 308(c) lists six self-explanatory conditions 
imposed on any historic light station conveyed out of Federal 
ownership. It also clarifies that the Secretary, the 
Administrator, and any eligible entity to which a historic 
light station is conveyed are not responsible for maintaining 
any active aid to navigation associated with a historic light 
station. A historic light station conveyance also must contain 
a condition that a historic light station, at the option of the 
Administrator, would revert to the United States under three 
circumstances: (1) if the property is not available for 
education, park, recreation, cultural, and historic 
preservation purposes; (2) if there is interference with an aid 
to navigation or a failure to comply with historic preservation 
standards; or (3) the historic light station, after a 30 day 
notification period, is needed for national security purposes.
    New subsection 308(d) charges the Administrator with 
preparing the legal description of the historic light station. 
The Administrator retains all right, title and interest of the 
United States in any historical artifact associated with the 
historic light station whether located at the light station or 
elsewhere. Historical artifacts not located at the historic 
light station at the time of conveyance are not required to be 
returned to the historic light station. All conditions placed 
with the deed of title are construed as covenants running with 
the land. Conveyance of submerged lands to nonfederal entities 
is prohibited.
    New subsection 308(e) requires any eligible entity to whom 
a historic light station is conveyed to maintain the historic 
light station in a manner consistent with the conditions 
imposed by section 308 and have such conditions recorded with 
the deed of title to the historic light station.
    New subsection 308(f) defines the terms ``historic light 
station'' and ``eligible entity''.
    Section 3 amends Title III of the National Historic 
Preservation Act, 16 U.S.C. 470w-470w-6, by adding a new 
section 309 to the Act addressing historic light station sales. 
Section 309 provides that the historic light station will be 
offered for sale, pursuant to terms developed by the 
Administrator, if no applicants are approved for the conveyance 
of the historic light station pursuant to section 308. Any such 
sale must include all the necessary covenants to protect the 
historical integrity of the historic light station, as well as 
to ensure that any active aids to navigation are operated and 
maintained by the United States for as long as needed. The 
National Maritime Heritage Grand Program, established under the 
National Maritime Heritage Act of 1994, Pub. L. 103-451, is to 
receive the net sale proceeds.
    Section 4 amends Title III of the National Historic 
Preservation Act, 16 U.S.C. 470w-470w-6, by adding a new 
section 310 to address historic light stations transferred to 
Federal agencies. After the date of enactment, any conveyance 
of a historic light station to a Federal department or agency, 
must be maintained in accordance with the National Historic 
Preservation Act, the Secretary of the Interior's Standards for 
the Treatment of Historic Properties, and other applicable 
laws.
    Section 5 authorizes funding necessary to carry out this 
Act to be appropriated to the Secretary of the Interior.

                   Cost and Budgetary Considerations

    On May 14, 1998, the Committee on Energy and Natural 
Resources requested cost estimates to be prepared by the 
Congressional Budget Office for S. 1403. These reports had not 
been received at the time the report on S. 1403 was filed. When 
the reports become available, the Chairman will request that 
they be printed in the Congressional Record for the advice of 
the Senate.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1403. The bill is not a regulatory measure in 
the senate of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1403, as ordered reported.

                        Executive Communications

    The pertinent legislative report received by the Committee 
from the Department of the Interior and the Office of 
Management and Budget setting forth Executive agency 
recommendations relating to S. 1403 is set forth below:
                   U.S. Department of the Interior,
                                   Office of the Secretary,
                                      Washington, DC, May 13, 1998.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
Senate Dirkson Office Building, Washington, DC.
    Dear Mr. Chairman: On Wednesday, May 13, the Committee is 
scheduled to mark up S. 1403, a bill to amend the National 
Historic Preservation Act to establish a national historic 
lighthouse preservation program. The Department supports S. 
1403.
    Lighthouses 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 architecturally 
diverse collection, of any country in the world. Throughout the 
country there is great interest in the continued upkeep and use 
of historic light stations. Each lighthouse and light station 
is unique in the context of its geographic location, 
architectural style and history. Lighthouses are important 
features of communities across the nation.
    As technology in the area of navigational aids has improved 
and advanced, the role of lighthouses as aids to navigation has 
changed. The Federal government has been turning over many 
lighthouses by lease, license or sale to Federally recognized 
non-profit organizations, whose missions are, at least in part, 
to preserve the lighthouse.
    The National Park Service has been playing an active role 
in preserving lighthouses around the country. Through its 
Federal Lands to Parks Program and Historic Surplus Property 
Program, the NPS assists in the transfer of light stations to 
state and local governments for park and recreation purposes or 
for historic monuments. To date, the NPS has transferred 42 
lighthouses for park and recreation uses and 15 for historic 
monuments. In the near future, the Federal government is 
expected to dispose of several hundred light stations. Current 
procedures for disposal of these sites do not guarantee that 
all historic light stations will be protected. This bill 
provides a mechanism to ensure that light stations will be 
protected for their important historic values.
    S. 1403 establishes a new program to be administered 
jointly by the Secretary and the Administrator of the General 
Services Administration. The program provides for the transfer 
of historic light stations to qualified entities for the 
purpose of preserving these historic resources for the benefit 
of present and future generations of Americans. The Secretary 
would review applications and recommend the agency to be the 
recipient of the transfer. The Administrator would provide for 
the conveyance of the property. If enacted, this bill will 
provide a vital mechanism to allow for the transfer of historic 
light stations to governments, agencies or organizations who 
will ensure the long-term protection and maintenance of these 
important national treasures.
    The Department appreciates the flexible nature of the bill. 
It will allow the GSA and the Department to work in a 
cooperative manner to develop and carry out the program. The 
NPS currently has a good working relationship with regard to 
its Federal Lands to Parks Program and its Historic Surplus 
Property Program. The NPS will build on its knowledge from 
those programs in developing this new program. However, those 
two programs are not in a position to absorb the light house 
preservation program and the responsibilities that will be 
required in the new program. NPS current programs are stretched 
to the limit; new responsibilities will require additional 
resources. Without additional personnel and funds to support 
them, the NPS cannot take on the additional responsibilities 
that will be required in this program.
    The Office of Management and Budget advises that there is 
no objection to the presentation of this report from the 
standpoint of the Administration's program.
            Sincerely,
                                            Nancy K. Hayes,
            Acting Assistant Secretary for Fish Wildlife and Parks.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 1403, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

(Public Law 89-665, as amended--October 15, 1968)

           *       *       *       *       *       *       *


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 
historic 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.
          (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--
                          (1) 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;
                          (2) is financially able to maintain 
                        the historic light station in 
                        accordance with the conditions set 
                        forth in subsection (c); and
                          (3) can indemnify the Federal 
                        government to cover any loss in 
                        connection with the historic light 
                        station, or any expenses incurred due 
                        to reversion.

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. 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.