Public
Law 106-355
106th Congress
An Act
To amend the National Historic Preservation Act for purposes
of
establishing a national historic lighthouse preservation
program. <<NOTE: Oct. 24, 2000 - [H.R. 4613]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: National
Historic Lighthouse Preservation Act of 2000.>>
SECTION 1. SHORT TITLE. <<NOTE: 16 USC 470 note.>>
This Act may be cited as the ``National Historic Lighthouse Preservation
Act of 2000''.
SEC. 2. PRESERVATION OF HISTORIC LIGHT STATIONS. <<NOTE:
16 USC 470w-7.>>
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) <<NOTE: Deadline.>> Process and policy.--Not later than 1
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,
[[Page 114 STAT. 1386]]
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 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;
[[Page 114 STAT. 1387]]
``(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
[[Page 114 STAT. 1388]]
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) <<NOTE: Notification.>> 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,
[[Page 114 STAT. 1389]]
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. <<NOTE: 16 USC 470w-8.>> 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
[[Page 114 STAT. 1390]]
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.
Approved October 24, 2000.
LEGISLATIVE HISTORY--H.R. 4613 (S. 2343):
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HOUSE REPORTS: No. 106-890 (Comm. on Resources).
SENATE REPORTS: No. 106-380 accompanying S. 2343 (Comm. on Energy
and
Natural Resources).
CONGRESSIONAL RECORD, Vol. 146 (2000):
Sept. 26, considered and passed House.
Oct. 5, considered and passed Senate.
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