79–010

Calendar No. 756

106TH CONGRESS REPORT

2d Session " ! SENATE 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

REPORT

[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 ‘‘§ 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 ‘‘§ 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.

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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

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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 Federal agency, 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

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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 the General 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 conVerDate 11-MAY-2000 05:57 Aug 29, 2000 Jkt 079010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR380.XXX pfrm02 PsN: SR380
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veyed 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.

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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 privatesector 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

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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

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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

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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.

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(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

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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 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) 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 AdVerDate 11-MAY-2000 05:57 Aug 29, 2000 Jkt 079010 PO 00000 Frm 00011 Fmt 6659 Sfmt 6603 E:\HR\OC\SR380.XXX pfrm02 PsN: SR380
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ministrator, 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,

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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

14

funds shall be available in addition to funds available in the

Operating Expense appropriation for this purpose.

* * * * * * *

Æ

2

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

3

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 Federal agency, 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 he 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

4

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 the General 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 conVerDate 11-MAY-2000 15:23 Aug 28, 2000 Jkt 079010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR380.XXX pfrm07 PsN: SR380
5

veyed 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.

6

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 privatesector 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

7

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

8

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

9

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

10

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 exVerDate 11-MAY-2000 15:23 Aug 28, 2000 Jkt 079010 PO 00000 Frm 00010 Fmt 6659 Sfmt 6603 E:\HR\OC\SR380.XXX pfrm07 PsN: SR380
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pense, 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 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) 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

12

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.

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(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 a 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.

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