[Senate Report 106-380]
[From the U.S. Government Publishing Office]
Calendar No. 756
106th Congress Report
SENATE
2d Session 106-380
======================================================================
NATIONAL HISTORIC LIGHTHOUSE PRESERVATION ACT OF 2000
_______
August 25, 2000.--Ordered to be printed
Filed under authority of the order of the Senate of July 26, 2000
_______
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2343]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2343) 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 amendments and recommends
that the bill, as amended, do pass.
The amendments are as follows:
1. On page 2, line 1, strike ``Sec. 308. Historic
lighthouse preservation'' and insert lieu thereof the
following:
``SEC. 308. HISTORIC LIGHTHOUSE PRESERVATION.''.
2. On page 3, line 1, strike ``applicants'' and insert in
lieu thereof ``applications''.
3. On page 5, line 7, after ``station'' add ``in operation
on the date of conveyance''.
4. On page 8, line 6, after ``except'' add ``for''.
5. On page 10, line 9, after ``Commandant'' add ``, U.S.
Coast Guard,''.
6. On page 13, line 5, strike ``Sec. 309. Historic light
station sales'' and insert in lieu thereof the following:
``SEC 309. HISTORIC LIGHT STATION SALES.''.
Purpose of the Measure
The purpose of S. 2343 is to establish a national historic
lighthouse preservation program.
Background and Need
There are 633 light stations in the United States that were
built before 1939 and are classified as ``historic.'' The
majority of these historic light stations are owned by the
Federal Government, with the Coast Guard having responsibility
for approximately 400. A number of Coast Guard historic light
stations have been leased to local communities and nonprofit
lighthouse preservation groups for park, recreation, and
educational purposes. Other Federal agencies with jurisdiction
over historic lightstations include all four of the Federal
land management agencies, as well as the Army and Navy.
Over 200 historic light stations have already been
transferred from Federal ownership to private owners, nonprofit
entities, and municipal and State governments.
Approximately two-thirds of the historic light stations
still support an active aid to navigation, the electronic
device that may be a light, a horn, a radio signal or a
combination of warning devices). However, most historic light
stations have their active aid to navigation located away from
the lighthouse on a 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 light station in
compliance with national historic preservation standards can be
significant. In light of budget reductions and downsizing, a
1992 lighthouse policy review recommended that the Coast Guard
evaluate light station properties on the basis of its minimum
operational needs. Light station properties that are no longer
needed as aids to navigation are identified as possible excess
property. Over the last few years, the Coast Guard has been
aggressively closing properties, including historic light
stations. In 1997, over 40 Great Lakes light stations were
identified as excess properties.
Generally, the Coast Guard reports historic light stations
which are not located on lands reserved or withdrawn from the
public domain to the Administrator of General Services
Administration (Administrator) as ``excess'' property under the
Federal Property and Administrative Services Act of 1949 (Act),
as amended (40 U.S.C. 471 et seq.). Lands reserved or withdrawn
from the public domain are exempt from the Act and are
administered under the general public land laws by the
Secretary of the Interior. However, the Secretary of the
Interior (Secretary), with the concurrence of the
Administrator, may determine that the lands on which a light
station is located are not suitable for return to the public
domain for disposition under the general public land laws
because the lands are substantially changed in character by
improvements or otherwise (40 U.S.C. 472(d)). If the Secretary
makes such a determination, the Secretary revokes the
withdrawal or reservation on the lands and they are disposed of
by the Administrator under the provisions of the Act.
Once a historic light station is deemed excess by the Coast
Guard or the Secretary makes a suitability determination, 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 light
stations to State and local agencies. If there are no
government agencies are interested, the property is sold to the
highest bidder.
Under the current process nonprofit historic lighthouse
friends groups are given no consideration in the disposal
process, even if a group has spent significant time and money
to rehabilitate and maintain a historic light station or has
leased it from the Coast Guard. If the light station is not
selected by a Federalagency, the friends group must compete
against other entities and individuals and bid on the light station
which often is located on valuable waterfront property.
The only option for a historic lighthouse friends group,
under this disposal procedure, is to seek a legislative
transfer with Congress dictating to whom an excess historic
light station is to be conveyed. Legislative transfers also
impose additional burdens on the 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). This bill would not
impact, however, previously authorized legislative transfers.
S. 2343 ensures that the historic character of these light
stations are maintained when the light stations are no longer
needed by the Federal Government. The bill requires the
Secretary of the Interior, in conjunction with the
Administrator of the General Services Administration, to
establish a process for identifying and selecting entities to
which historic light stations could be conveyed. Eligible
entities would include Federal and state agencies, local
communities, nonprofit corporations, and educational and
community development organizations financially able to
maintain a historic light station. The measure would authorize
the General Services Administration to convey any historic
light station that has been deemed excess to the needs of the
Federal agency that owns and manages the structure, to a
selected entity for educational, park, recreation, cultural and
historic preservation purposes.
Legislative History
S. 2343 was introduced by Senators Murkowski and Levin on
April 4, 2000. The Subcommittee on National Parks, Historic
Preservation, and Recreation held a hearing on S. 2343 on April
27, 2000. At its business meeting on June 7, 2000, the
Committee on Energy and Natural Resources ordered S. 2343
favorably reported, as amended.
Committee Recommendation and Tabulation of Votes
The Committee on Energy and Natural Resources, in open
business session on June 7, 2000, by a unanimous vote of a
quorum present, recommends that the Senate pass S. 2343, if
amended as described herein.
Committee Amendments
During the consideration of S. 2343, the Committee adopted
an amendment to make technical and clarifying changes. The
amendment is described in detail in the section-by-section
analysis, below
Section-by-Section Analysis
Section 1 designates the bill's short title as the
``National Historic Lighthouse Preservation Act of 2000''.
Section 2 amends Title III of the National Historic
Preservation Act (16 U.S.C. 470w through 4709w-6) by adding a
new section 308 to the Act, addressing historic lighthouse
preservation. 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).
Subsection 308(b) establishes a procedure for the
conveyance of historic light stations out of Federal ownership.
The Secretary and the Administrator of theGeneral Services
Administration (Administrator), within one year of enactment, are
charged to establish a process and policies 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, and to monitor the use of such light station by
the eligible entity. Once the Federal agency with jurisdiction over a
historic light station has determined that it is ``excess property'' as
that term is defined in the Federal Property Administrative Services
Act of 1949, as amended (40 U.S.C. 472(e)), the Secretary is directed
to review all applications for the light station. The Secretary must
also consult with the appropriate State Historic Preservation Officer
during the review process. In reviewing applications for the conveyance
of a historic light station, the Secretary should consider whether or
not the applicant has an existing lease to maintain and preserve the
historic light station.
After the Secretary selects an eligible entity, the
approved application is sent to the Administrator, who is to
convey, by quitclaim deed, without consideration, all right,
title and interest of the United States in the historic light
station, subject to the conditions set forth in 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 cooperative agreements with
appropriate eligible entities to maintain or preserve the
historic light station.
Subsection 308(c) lists eight self explanatory conditions
imposed on any historic light station conveyed out of Federal
ownership, including a prohibition on commercial activities
unless authorized by the Secretary. Many lighthouse friends
groups with Federal leases have a gift shop or similar type of
enterprise at a historic light station, the proceeds of which
are used to defray preservation expenses. It is the Committee's
expectation that the Secretary will authorize such activities
in the conveyance document. It also clarifies that the eligible
entity to which a historic light station is conveyed is not
responsible for maintaining any Federal aids to navigation
associated with the station. A historic light station
conveyance must also contain a condition that the station or
any associated historic artifacts, at the option of the
Administrator, would revert to the United States under six
circumstances: (1) If the property is not available for
education, park, recreation, cultural, and historic
preservation purposes; (2) if the property ceases to be
maintained in a manner that ensures its continued use as a site
for a Federal aid to navigation; (3) if the property ceases to
be maintained in compliance with historic preservation
standards; (4) if the eligible entity to which the property is
conveyed sells, conveys, assigns, exchanges, or encumbers the
property without approval of the Secretary; (5) if the eligible
entity to which the property is conveyed uses the property or
any part thereof for any commercial activities without the
approval of the Secretary, or; (6) the historic light station,
after a 30 day notification period, is needed for national
security purposes.
Subsection 308(d) charges the Administrator with preparing
the legal description of the historic light station. The
Administrator, in consultation with the Secretary and the
Commandant of the Coast Guard, may retain all right, title and
interest of the United States in any historical artifact
associated with the historic light station and located at the
light station at the time of conveyance. Artifacts associated
with, but not located at the light station at the time of
conveyance, remain the personal property of the United States
under the administrative control of the Commandant of the Coast
Guard. All conditions placed with the quitclaim deed of title
are construed as covenants running with the land. No submerged
lands shall be conveyed under this section.
Subsection 308(e) defines the terms ``historic light
station'', ``eligible entity'', ``Federal aid to navigation'',
and ``Secretary''.
Section 3 amends title III of the National Historic
Preservation Act (16 U.S.C. 470w through 470w-6), by adding a
new section 309 to the Act addressing historic light station
sales. Subsection 309(a) provides that if no applicants are
approved for the conveyance of the historic light station
pursuant to section 308, the historic light station will be
offered for sale, pursuant to terms developed by the
Administrator, including provisions regarding the treatment of
Federal and private aids to navigation and consistency with the
National Historic Preservation Act and related requirements.
Any such sale must include all the necessary covenants to
protect the historical integrity of the history light station,
as well as to ensure that any Federal aids to navigation are
operated and maintained by the United States for as long as
needed.
Subsection 309(b) provides that the National Maritime
Heritage Grant Program, established under the National Heritage
Act of 1994 (Pub. Law 103-451) is to receive the net sale
proceeds from the disposal of a historic light station located
on public domain lands. The net sale proceeds from the disposal
of an historic light station under the administrative control
of the Coast Guard are to be credited to the Coast Guard's
Operating Expenses appropriation's account.
Section 4 authorizes the appropriation of such sums as may
be necessary to carry out the legislation.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 22, 2000.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2343, the National
Historic Lighthouse Preservation Act of 2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are John R.
Righter (for federal costs), Susan Van Deventer, and Marjorie
Miller (for the state and local impact).
Sincerely,
Steven Lieberman
(For Dan L. Crippen, Director).
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
S. 2343--National Historic Lighthouse Preservation Act of 2000; As
Ordered Reported by the Senate Committee on Energy and Natural
Resources on June 7, 2000
Subject to future appropriation actions, implementing S.
2343 could reduce the costs to the United States Coast Guard
(USCG) of operating and maintaining historic lighthouses by a
few million dollars annually. Because the bill could affect
direct spending (including offsetting receipts), pay-as-you-go
procedures would apply. CBO estimates that any such change in
direct spending would not be significant. S. 2343 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act. State and local governments might
incur some costs as a result of the bill's enactment, but such
costs would be voluntary.
S. 2343 would amend the National Historic Preservation Act
to establish a preservation program for historic lighthouses.
The General Services Administration (GSA) and the Department of
the Interior would be responsible for administering the
program, which would collect and disseminate information on
historic lighthouses and convey, at no cost, historic
lighthouses that are no longer needed. Federal, state, and
local departments, as well as nonprofit organizations, would be
eligible to receive the lighthouses reported as excess
property, provided that they agree to operate and maintain
them, as well as make them accessible to the public for
educational, recreational, cultural, or historic preservation
purposes, and to the federal government for use in aiding
navigation.
Subject to certain conditions, the bill would direct GSA to
sell any lighthouses for which a qualified applicant has not
been found. Net proceeds from the sale would be made available
either to the National Maritime Heritage Grant Program or to
the USCG, and could be spent without further appropriation.
Because we think it is unlikely the government would sell a
lighthouse under S. 2343 (according to GSA and the USCG, the
government has sold only one in the last 10 years), as opposed
to transferring it at no cost, CBO estimates that enacting the
bill would not have an significant impact on direct spending.
According to the USCG, it control about 350 lighthouses.
The cost of operating and maintaining these facilities varies
widely, but totals less than $10 million a year. Under S. 2343,
the USCG could still use conveyed lighthouses to aid in the
navigation of waters, but would no longer be responsible for
maintaining and operating them. Thus, if the legislation
increases the conveyance of lighthouses to nonfederal entities,
the bill should yield savings to the USCG. Any potential
savings, however, would depend on which lighthouses were
conveyed and on future appropriation actions.
The CBO staff contacts are John R. Righter (for federal
costs), Susan Van Deventer, and Marjorie Miller (for the state
and local impact). This estimate was approved by Peter H.
Fontaine, Deputy Assistant Director for Budget Analysis.
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. 2343. The bill is not a regulatory measure in
the sense 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. 2343, as ordered reported.
Executive Communications
On April 27, 2000, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 2343. These
reports had not been received at the time the report on S. 2343
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. The testimony provided by the
National Park Service at the Subcommittee hearing follows:
STATEMENT OF JOHN PARSONS, ASSOCIATED REGIONAL DIRECTOR, LANDS,
RESOURCES AND PLANNING, NATIONAL CAPITAL REGION, NATIONAL PARK SERVICE,
DEPARTMENT OF THE INTERIOR
Mr. Chairman, thank you for the opportunity to present the
position of the Department of the Interior on S. 2343, a bill
to amend the National Historic Preservation Act for purposes of
establishing a national historic lighthouse preservation
program.
The department supports the concepts of S. 2343, which
provides a process to protect the historic lighthouses of this
nation. The Department of the Interior has responsibility under
the Historic Preservation Act to preserve the historic
resources of the United States. This bill is intended to
provide the Secretary with additional tools to carry out those
responsibilities.
The Administration recently submitted to Congress a
proposal to amend the Federal Property Administrative Services
Act of 1949. Since we have not had adequate opportunity to
evaluate this bill in relation to the Administration's
proposal, we are unable to take a definitive position on this
bill. We are in the process of conducting that evaluation and
will provide the Committee with a report as soon as possible.
Lighthouses have long played an important role in the
history of our nation. In 1789, one of the earliest acts of the
United States Congress was the creation of the Lighthouse
Establishment. The Lighthouse Establishment took over operation
of the 12 colonial lighthouses in existence as well as the
construction and operation of new lighthouses. Early
lighthouses were established for their humanitarian purposes
and to build confidence in ship captains as well as foreign
governments by symbolically implying that the United States was
a responsible world power worthy of recognition. Today the
United States has the largest number and the most
architecturally diverse collection of lighthouses of any
country in the world.
As technology in the arena 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 or license to 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 the
National Park Service Maritime Heritage Program we engaged in a
partnership with the U.S. Coast Guard and the Department of the
Defense Legacy Program to inventory and assess historic
lighthouses and to prepare a manual for the preservation of
lighthouses, the Historic Lighthouse Preservation Handbook. The
handbook is being distributed to the managers of every
lighthouse in the United States. Through our Federal Lands to
Parks Program and Historic Surplus Property Program we assist
in the transfer of light stations to state and local
governments for park and recreation purposes or for
preservation as historic monuments, as currently authorized by
the Federal Properties and Administrative Services Act of 1949.
To date we have transferred 42 lighthouses for park and
recreation uses with 5 additional lighthouses in the process of
being transferred in 2000. Twenty-two other lighthouses have
been transferred for preservation as historic monuments.
In the near future, the Federal government is expected to
dispose of several hundred additional light stations. Current
procedures for disposal of these sites do not allow for all
potential stewards for historic light stations to be
considered. This bill would provide a mechanism to allow
various non-profit entities a chance to become stewards of
these light stations.
S. 2343 would establish a new program to be administered
jointly by the Secretary of the Interior and the Administrator
of the General Services Administration (GSA). The program would
provide for the transfer of historic light stations, which have
been determined by the agency with administrative jurisdiction
to be excess property, 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
the applications, recommend the best steward, approve the sale
of the light station, monitor the site use, and review and
approve proposed changes to historic light stations after the
transfer. The Administrator would provide for the legal
description and conveyance of the property. The State Historic
Preservation Officer and the Commandment, U.S. Coast Guard,
will be consulted during the process.
Mr. Chairman, this concludes my remarks. I would be pleased
to answer any questions you or other members of your committee
may have.
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. 2343, 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, 1966
* * * * * * *
Sec. 301. * * *
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 program 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 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) 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,
as amended, 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)(A) Except as provided in paragraph (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 42
U.S.C. 11301 et seq. or Section 416(d) of 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 subparagraph (c)(1)(A)-(D), (c)(1)(H), 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
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, 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 National Historic
Preservation Act of 1966, 16 U.S.C. 470--470x-
7, the Secretary of the Interior's Standards
for the Treatment of HistoricProperties, 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) 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 for
any private aids to navigation permitted under 14
U.S.C. 83 to the eligible entity.
(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, 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 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 the
National Historic Preservation Act, 16 U.S.C.
470--470x-7, 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) The Administrator shall prepare the legal
description of any historic light station conveyed
under this section. The Administrator, in consultation
with the Commandant, 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 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,
Coast Guard.
(3) All conditions placed with quitclaim deed of
title to the historic light station shall be construed
as covenants running with the land.
(4) No submerged lands shall be conveyed under this
section.
(e) 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, 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.
(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 historic
light station; and
(ii) is financially able to maintain
the historic light station in
accordance with the conditions set
forth in subsection (c).
(3) 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, light, lens, lantern,
antenna, sound signal, camera, sensor, electronic
navigation equipment, power source, or other associated
equipment.
(4) Secretary.--The term `Secretary' means the
Secretary of the Interior.'.
SEC. 309. HISTORIC LIGHT STATION SALES
(a) 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 (c)(1)(A)-(D), (c)(1)(H), 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 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; provided further, that such
funds shall be available in addition to funds available
in the Operating Expense appropriation for this
purpose.
* * * * * * *