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[Senate Report 106-380]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 756

106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-380

======================================================================

 
         NATIONAL HISTORIC LIGHTHOUSE PRESERVATION ACT OF 2000

                                _______
                                

                August 25, 2000.--Ordered to be printed

   Filed under authority of the order of the Senate of July 26, 2000

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 2343]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2343) to amend the National Historic 
Preservation Act for purposes of establishing a national 
historic lighthouse preservation program, having considered the 
same, reports favorably thereon with amendments and recommends 
that the bill, as amended, do pass.
    The amendments are as follows:
    1. On page 2, line 1, strike ``Sec. 308. Historic 
lighthouse preservation'' and insert lieu thereof the 
following:

``SEC. 308. HISTORIC LIGHTHOUSE PRESERVATION.''.

    2. On page 3, line 1, strike ``applicants'' and insert in 
lieu thereof ``applications''.
    3. On page 5, line 7, after ``station'' add ``in operation 
on the date of conveyance''.
    4. On page 8, line 6, after ``except'' add ``for''.
    5. On page 10, line 9, after ``Commandant'' add ``, U.S. 
Coast Guard,''.
    6. On page 13, line 5, strike ``Sec. 309. Historic light 
station sales'' and insert in lieu thereof the following:

``SEC 309. HISTORIC LIGHT STATION SALES.''.

                         Purpose of the Measure

    The purpose of S. 2343 is to establish a national historic 
lighthouse preservation program.

                          Background and Need

    There are 633 light stations in the United States that were 
built before 1939 and are classified as ``historic.'' The 
majority of these historic light stations are owned by the 
Federal Government, with the Coast Guard having responsibility 
for approximately 400. A number of Coast Guard historic light 
stations have been leased to local communities and nonprofit 
lighthouse preservation groups for park, recreation, and 
educational purposes. Other Federal agencies with jurisdiction 
over historic lightstations include all four of the Federal 
land management agencies, as well as the Army and Navy.
    Over 200 historic light stations have already been 
transferred from Federal ownership to private owners, nonprofit 
entities, and municipal and State governments.
    Approximately two-thirds of the historic light stations 
still support an active aid to navigation, the electronic 
device that may be a light, a horn, a radio signal or a 
combination of warning devices). However, most historic light 
stations have their active aid to navigation located away from 
the lighthouse on a steel pole or nearby buoy. All but one, 
Boston Harbor Light, is automated and does not require a 
keeper.
    The costs of maintaining a historic light station in 
compliance with national historic preservation standards can be 
significant. In light of budget reductions and downsizing, a 
1992 lighthouse policy review recommended that the Coast Guard 
evaluate light station properties on the basis of its minimum 
operational needs. Light station properties that are no longer 
needed as aids to navigation are identified as possible excess 
property. Over the last few years, the Coast Guard has been 
aggressively closing properties, including historic light 
stations. In 1997, over 40 Great Lakes light stations were 
identified as excess properties.
    Generally, the Coast Guard reports historic light stations 
which are not located on lands reserved or withdrawn from the 
public domain to the Administrator of General Services 
Administration (Administrator) as ``excess'' property under the 
Federal Property and Administrative Services Act of 1949 (Act), 
as amended (40 U.S.C. 471 et seq.). Lands reserved or withdrawn 
from the public domain are exempt from the Act and are 
administered under the general public land laws by the 
Secretary of the Interior. However, the Secretary of the 
Interior (Secretary), with the concurrence of the 
Administrator, may determine that the lands on which a light 
station is located are not suitable for return to the public 
domain for disposition under the general public land laws 
because the lands are substantially changed in character by 
improvements or otherwise (40 U.S.C. 472(d)). If the Secretary 
makes such a determination, the Secretary revokes the 
withdrawal or reservation on the lands and they are disposed of 
by the Administrator under the provisions of the Act.
    Once a historic light station is deemed excess by the Coast 
Guard or the Secretary makes a suitability determination, the 
Administrator is required to ``screen'' it for a variety of 
uses, including uses by other Federal agencies. Under current 
law, the Administrator must ``screen'' each property before it 
can be determined to be surplus property. If determined to be 
surplus property, the Administrator then offers the light 
stations to State and local agencies. If there are no 
government agencies are interested, the property is sold to the 
highest bidder.
    Under the current process nonprofit historic lighthouse 
friends groups are given no consideration in the disposal 
process, even if a group has spent significant time and money 
to rehabilitate and maintain a historic light station or has 
leased it from the Coast Guard. If the light station is not 
selected by a Federalagency, the friends group must compete 
against other entities and individuals and bid on the light station 
which often is located on valuable waterfront property.
    The only option for a historic lighthouse friends group, 
under this disposal procedure, is to seek a legislative 
transfer with Congress dictating to whom an excess historic 
light station is to be conveyed. Legislative transfers also 
impose additional burdens on the Coast Guard, which must 
prepare all conveyance documents (as opposed to the General 
Services Administration which prepares the required paperwork 
for transfers pursuant to the authority of the Federal Property 
and Administrative Services Act of 1949). This bill would not 
impact, however, previously authorized legislative transfers.
    S. 2343 ensures that the historic character of these light 
stations are maintained when the light stations are no longer 
needed by the Federal Government. The bill requires the 
Secretary of the Interior, in conjunction with the 
Administrator of the General Services Administration, to 
establish a process for identifying and selecting entities to 
which historic light stations could be conveyed. Eligible 
entities would include Federal and state agencies, local 
communities, nonprofit corporations, and educational and 
community development organizations financially able to 
maintain a historic light station. The measure would authorize 
the General Services Administration to convey any historic 
light station that has been deemed excess to the needs of the 
Federal agency that owns and manages the structure, to a 
selected entity for educational, park, recreation, cultural and 
historic preservation purposes.

                          Legislative History

    S. 2343 was introduced by Senators Murkowski and Levin on 
April 4, 2000. The Subcommittee on National Parks, Historic 
Preservation, and Recreation held a hearing on S. 2343 on April 
27, 2000. At its business meeting on June 7, 2000, the 
Committee on Energy and Natural Resources ordered S. 2343 
favorably reported, as amended.

            Committee Recommendation and Tabulation of Votes

    The Committee on Energy and Natural Resources, in open 
business session on June 7, 2000, by a unanimous vote of a 
quorum present, recommends that the Senate pass S. 2343, if 
amended as described herein.

                          Committee Amendments

    During the consideration of S. 2343, the Committee adopted 
an amendment to make technical and clarifying changes. The 
amendment is described in detail in the section-by-section 
analysis, below

                      Section-by-Section Analysis

    Section 1 designates the bill's short title as the 
``National Historic Lighthouse Preservation Act of 2000''.
    Section 2 amends Title III of the National Historic 
Preservation Act (16 U.S.C. 470w through 4709w-6) by adding a 
new section 308 to the Act, addressing historic lighthouse 
preservation. Subsection 308(a) charges the Secretary of the 
Interior (Secretary) with administering a national historic 
light station program consisting of five listed elements. The 
Secretary already performs many of these tasks under the 
authority of the National Maritime Heritage Act (Pub. Law 103-
451).
    Subsection 308(b) establishes a procedure for the 
conveyance of historic light stations out of Federal ownership. 
The Secretary and the Administrator of theGeneral Services 
Administration (Administrator), within one year of enactment, are 
charged to establish a process and policies for the identification and 
selection of entities eligible for the conveyance of a historic light 
station for education, park, recreation, cultural, or historic 
preservation purposes, and to monitor the use of such light station by 
the eligible entity. Once the Federal agency with jurisdiction over a 
historic light station has determined that it is ``excess property'' as 
that term is defined in the Federal Property Administrative Services 
Act of 1949, as amended (40 U.S.C. 472(e)), the Secretary is directed 
to review all applications for the light station. The Secretary must 
also consult with the appropriate State Historic Preservation Officer 
during the review process. In reviewing applications for the conveyance 
of a historic light station, the Secretary should consider whether or 
not the applicant has an existing lease to maintain and preserve the 
historic light station.
    After the Secretary selects an eligible entity, the 
approved application is sent to the Administrator, who is to 
convey, by quitclaim deed, without consideration, all right, 
title and interest of the United States in the historic light 
station, subject to the conditions set forth in subsection 
308(c). However, no historic light station located within the 
exterior boundaries of a unit of the National Park Service or a 
refuge within the National Wildlife Refuge System, is to be 
conveyed or sold without the approval of the Secretary. If the 
Secretary approves such conveyance or sale, it will be subject 
to any additional conditions the Secretary determines are 
necessary to protect the resources of the park unit or wildlife 
refuge. For those historic light stations located within the 
exterior boundaries of a park unit or wildlife refuge which are 
not transferred out of Federal ownership, the Secretary is 
encouraged to enter into cooperative agreements with 
appropriate eligible entities to maintain or preserve the 
historic light station.
    Subsection 308(c) lists eight self explanatory conditions 
imposed on any historic light station conveyed out of Federal 
ownership, including a prohibition on commercial activities 
unless authorized by the Secretary. Many lighthouse friends 
groups with Federal leases have a gift shop or similar type of 
enterprise at a historic light station, the proceeds of which 
are used to defray preservation expenses. It is the Committee's 
expectation that the Secretary will authorize such activities 
in the conveyance document. It also clarifies that the eligible 
entity to which a historic light station is conveyed is not 
responsible for maintaining any Federal aids to navigation 
associated with the station. A historic light station 
conveyance must also contain a condition that the station or 
any associated historic artifacts, at the option of the 
Administrator, would revert to the United States under six 
circumstances: (1) If the property is not available for 
education, park, recreation, cultural, and historic 
preservation purposes; (2) if the property ceases to be 
maintained in a manner that ensures its continued use as a site 
for a Federal aid to navigation; (3) if the property ceases to 
be maintained in compliance with historic preservation 
standards; (4) if the eligible entity to which the property is 
conveyed sells, conveys, assigns, exchanges, or encumbers the 
property without approval of the Secretary; (5) if the eligible 
entity to which the property is conveyed uses the property or 
any part thereof for any commercial activities without the 
approval of the Secretary, or; (6) the historic light station, 
after a 30 day notification period, is needed for national 
security purposes.
    Subsection 308(d) charges the Administrator with preparing 
the legal description of the historic light station. The 
Administrator, in consultation with the Secretary and the 
Commandant of the Coast Guard, may retain all right, title and 
interest of the United States in any historical artifact 
associated with the historic light station and located at the 
light station at the time of conveyance. Artifacts associated 
with, but not located at the light station at the time of 
conveyance, remain the personal property of the United States 
under the administrative control of the Commandant of the Coast 
Guard. All conditions placed with the quitclaim deed of title 
are construed as covenants running with the land. No submerged 
lands shall be conveyed under this section.
    Subsection 308(e) defines the terms ``historic light 
station'', ``eligible entity'', ``Federal aid to navigation'', 
and ``Secretary''.
    Section 3 amends title III of the National Historic 
Preservation Act (16 U.S.C. 470w through 470w-6), by adding a 
new section 309 to the Act addressing historic light station 
sales. Subsection 309(a) provides that if no applicants are 
approved for the conveyance of the historic light station 
pursuant to section 308, the historic light station will be 
offered for sale, pursuant to terms developed by the 
Administrator, including provisions regarding the treatment of 
Federal and private aids to navigation and consistency with the 
National Historic Preservation Act and related requirements. 
Any such sale must include all the necessary covenants to 
protect the historical integrity of the history light station, 
as well as to ensure that any Federal aids to navigation are 
operated and maintained by the United States for as long as 
needed.
    Subsection 309(b) provides that the National Maritime 
Heritage Grant Program, established under the National Heritage 
Act of 1994 (Pub. Law 103-451) is to receive the net sale 
proceeds from the disposal of a historic light station located 
on public domain lands. The net sale proceeds from the disposal 
of an historic light station under the administrative control 
of the Coast Guard are to be credited to the Coast Guard's 
Operating Expenses appropriation's account.
    Section 4 authorizes the appropriation of such sums as may 
be necessary to carry out the legislation.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 22, 2000.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2343, the National 
Historic Lighthouse Preservation Act of 2000.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are John R. 
Righter (for federal costs), Susan Van Deventer, and Marjorie 
Miller (for the state and local impact).
            Sincerely,
                                           Steven Lieberman
                                    (For Dan L. Crippen, Director).

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

S. 2343--National Historic Lighthouse Preservation Act of 2000; As 
        Ordered Reported by the Senate Committee on Energy and Natural 
        Resources on June 7, 2000

    Subject to future appropriation actions, implementing S. 
2343 could reduce the costs to the United States Coast Guard 
(USCG) of operating and maintaining historic lighthouses by a 
few million dollars annually. Because the bill could affect 
direct spending (including offsetting receipts), pay-as-you-go 
procedures would apply. CBO estimates that any such change in 
direct spending would not be significant. S. 2343 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act. State and local governments might 
incur some costs as a result of the bill's enactment, but such 
costs would be voluntary.
    S. 2343 would amend the National Historic Preservation Act 
to establish a preservation program for historic lighthouses. 
The General Services Administration (GSA) and the Department of 
the Interior would be responsible for administering the 
program, which would collect and disseminate information on 
historic lighthouses and convey, at no cost, historic 
lighthouses that are no longer needed. Federal, state, and 
local departments, as well as nonprofit organizations, would be 
eligible to receive the lighthouses reported as excess 
property, provided that they agree to operate and maintain 
them, as well as make them accessible to the public for 
educational, recreational, cultural, or historic preservation 
purposes, and to the federal government for use in aiding 
navigation.
    Subject to certain conditions, the bill would direct GSA to 
sell any lighthouses for which a qualified applicant has not 
been found. Net proceeds from the sale would be made available 
either to the National Maritime Heritage Grant Program or to 
the USCG, and could be spent without further appropriation. 
Because we think it is unlikely the government would sell a 
lighthouse under S. 2343 (according to GSA and the USCG, the 
government has sold only one in the last 10 years), as opposed 
to transferring it at no cost, CBO estimates that enacting the 
bill would not have an significant impact on direct spending.
    According to the USCG, it control about 350 lighthouses. 
The cost of operating and maintaining these facilities varies 
widely, but totals less than $10 million a year. Under S. 2343, 
the USCG could still use conveyed lighthouses to aid in the 
navigation of waters, but would no longer be responsible for 
maintaining and operating them. Thus, if the legislation 
increases the conveyance of lighthouses to nonfederal entities, 
the bill should yield savings to the USCG. Any potential 
savings, however, would depend on which lighthouses were 
conveyed and on future appropriation actions.
    The CBO staff contacts are John R. Righter (for federal 
costs), Susan Van Deventer, and Marjorie Miller (for the state 
and local impact). This estimate was approved by Peter H. 
Fontaine, Deputy Assistant Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 2343. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 2343, as ordered reported.

                        Executive Communications

    On April 27, 2000, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 2343. These 
reports had not been received at the time the report on S. 2343 
was filed. When the reports become available, the Chairman will 
request that they be printed in the Congressional Record for 
the advice of the Senate. The testimony provided by the 
National Park Service at the Subcommittee hearing follows:

    STATEMENT OF JOHN PARSONS, ASSOCIATED REGIONAL DIRECTOR, LANDS, 
RESOURCES AND PLANNING, NATIONAL CAPITAL REGION, NATIONAL PARK SERVICE, 
                       DEPARTMENT OF THE INTERIOR

    Mr. Chairman, thank you for the opportunity to present the 
position of the Department of the Interior on S. 2343, a bill 
to amend the National Historic Preservation Act for purposes of 
establishing a national historic lighthouse preservation 
program.
    The department supports the concepts of S. 2343, which 
provides a process to protect the historic lighthouses of this 
nation. The Department of the Interior has responsibility under 
the Historic Preservation Act to preserve the historic 
resources of the United States. This bill is intended to 
provide the Secretary with additional tools to carry out those 
responsibilities.
    The Administration recently submitted to Congress a 
proposal to amend the Federal Property Administrative Services 
Act of 1949. Since we have not had adequate opportunity to 
evaluate this bill in relation to the Administration's 
proposal, we are unable to take a definitive position on this 
bill. We are in the process of conducting that evaluation and 
will provide the Committee with a report as soon as possible.
    Lighthouses have long played an important role in the 
history of our nation. In 1789, one of the earliest acts of the 
United States Congress was the creation of the Lighthouse 
Establishment. The Lighthouse Establishment took over operation 
of the 12 colonial lighthouses in existence as well as the 
construction and operation of new lighthouses. Early 
lighthouses were established for their humanitarian purposes 
and to build confidence in ship captains as well as foreign 
governments by symbolically implying that the United States was 
a responsible world power worthy of recognition. Today the 
United States has the largest number and the most 
architecturally diverse collection of lighthouses of any 
country in the world.
    As technology in the arena of navigational aids has 
improved and advanced, the role of lighthouses as aids to 
navigation has changed. The Federal government has been turning 
over many lighthouses by lease or license to recognized non-
profit organizations, whose missions are, at least in part, to 
preserve the lighthouse.
    The National Park Service has been playing an active role 
in preserving lighthouses around the country. Through the 
National Park Service Maritime Heritage Program we engaged in a 
partnership with the U.S. Coast Guard and the Department of the 
Defense Legacy Program to inventory and assess historic 
lighthouses and to prepare a manual for the preservation of 
lighthouses, the Historic Lighthouse Preservation Handbook. The 
handbook is being distributed to the managers of every 
lighthouse in the United States. Through our Federal Lands to 
Parks Program and Historic Surplus Property Program we assist 
in the transfer of light stations to state and local 
governments for park and recreation purposes or for 
preservation as historic monuments, as currently authorized by 
the Federal Properties and Administrative Services Act of 1949. 
To date we have transferred 42 lighthouses for park and 
recreation uses with 5 additional lighthouses in the process of 
being transferred in 2000. Twenty-two other lighthouses have 
been transferred for preservation as historic monuments.
    In the near future, the Federal government is expected to 
dispose of several hundred additional light stations. Current 
procedures for disposal of these sites do not allow for all 
potential stewards for historic light stations to be 
considered. This bill would provide a mechanism to allow 
various non-profit entities a chance to become stewards of 
these light stations.
    S. 2343 would establish a new program to be administered 
jointly by the Secretary of the Interior and the Administrator 
of the General Services Administration (GSA). The program would 
provide for the transfer of historic light stations, which have 
been determined by the agency with administrative jurisdiction 
to be excess property, to qualified entities for the purpose of 
preserving these historic resources for the benefit of present 
and future generations of Americans. The Secretary would review 
the applications, recommend the best steward, approve the sale 
of the light station, monitor the site use, and review and 
approve proposed changes to historic light stations after the 
transfer. The Administrator would provide for the legal 
description and conveyance of the property. The State Historic 
Preservation Officer and the Commandment, U.S. Coast Guard, 
will be consulted during the process.
    Mr. Chairman, this concludes my remarks. I would be pleased 
to answer any questions you or other members of your committee 
may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 2343, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

Public Law 89-665, as Amended--October 15, 1966

           *       *       *       *       *       *       *

    Sec. 301. * * *

SEC. 308. HISTORIC LIGHTHOUSE PRESERVATION

    (a) In General.--In order to provide a national historic 
light station program, the Secretary shall--
          (1) collect and disseminate information concerning 
        historic light stations, including historic lighthouses 
        and associated structures;
          (2) foster educational program relating to the 
        history, practice, and contribution to society of 
        historic light stations;
          (3) sponsor or conduct research and study into the 
        history of light stations;
          (4) maintain a listing of historic light stations; 
        and
          (5) assess the effectiveness of the program 
        established by this section regarding the conveyance of 
        historic light stations.
    (b) Conveyance of Historic Light Stations.--
          (1) Within one year of the date of enactment of this 
        section, the Secretary and the Administrator of General 
        Services (hereinafter Administrator) shall establish a 
        process and policies for identifying, and selecting, an 
        eligible entity to which a historic light station could 
        be conveyed for education, park, recreation, cultural, 
        or historic preservation purposes, and to monitor the 
        use of such light station by the eligible entity.
          (2) The Secretary shall review all applications for 
        the conveyance of a historic light station, when the 
        agency with administrative jurisdiction over the 
        historic light station has determined the property to 
        be `excess property' as that term is defined in the 
        Federal Property Administrative Services Act of 1949, 
        as amended, 40 U.S.C. 472(e), and forward to the 
        Administrator a single approved application for the 
        conveyance of the historic light station. When 
        selecting an eligible entity, the Secretary shall 
        consult with the State Historic Preservation Officer of 
        the state in which the historic light station is 
        located.
          (3)(A) Except as provided in paragraph (B), the 
        Administrator shall convey, by quitclaim deed, without 
        consideration, all right, title, and interest of the 
        United States in and to the historic light station, 
        subject to the conditions set forth in subsection (c) 
        after the Secretary's selection of an eligible entity. 
        The conveyance of a historic light station under this 
        section shall not be subject to the provisions of 42 
        U.S.C. 11301 et seq. or Section 416(d) of Public Law 
        105-383.
          (B)(i) Historic light stations located within the 
        exterior boundaries of a unit of the National Park 
        System or a refuge within the National Wildlife Refuge 
        System shall be conveyed or sold only with the approval 
        of the Secretary.
          (ii) If the Secretary approves the conveyance of a 
        historic light station referenced in this paragraph, 
        such conveyance shall be subject to the conditions set 
        forth in subsection (c) and any other terms or 
        conditions the Secretary considers necessary to protect 
        the resources of the park unit or wildlife refuge.
          (iii) If the Secretary approves the sale of a 
        historic light station referenced in this paragraph, 
        such sale shall be subject to the conditions set forth 
        in subparagraph (c)(1)(A)-(D), (c)(1)(H), and 
        subsection (c)(2) and any other terms or conditions the 
        Secretary considers necessary to protect the resources 
        of the park unit or wildlife refuge.
          (iv) For those historic light stations referenced in 
        this paragraph, the Secretary is encouraged to enter 
        cooperative agreements with appropriate eligible 
        entities, as provided in this Act, to the extent such 
        cooperative agreements are consistent with the 
        Secretary's responsibilities to manage and administer 
        the park unit or wildlife refuge, as appropriate.
    (c) Terms of Conveyance.--
          (1) The conveyance of a historic light station shall 
        be made subject to any conditions, including the 
        reservation of easements and other rights on behalf of 
        the United States, the Administrator considers 
        necessary to ensure that----
                  (A) the Federal aids to navigation located at 
                the historic light station in operation on the 
                date of conveyance remain the personal property 
                of the United States and continue to be 
                operated and maintained by the United States 
                for as long as needed for navigational 
                purposes;
                  (B) there is reserved to the United States 
                the right to remove, replace, or install any 
                Federal aid to navigation located at the 
                historic light station as may be necessary for 
                navigational purposes;
                  (C) the eligible entity to which the historic 
                light station is conveyed under this section 
                shall not interfere or allow interference in 
                any manner with any Federal aid to navigation, 
                nor hinder activities required for the 
                operation and maintenance of any Federal aid to 
                navigation, without the express written 
                permission of the head of the agency 
                responsible for maintaining the Federal aid to 
                navigation;
                  (D) the eligible entity to which the historic 
                light station is conveyed under this section 
                shall, at its own cost and expense, use and 
                maintain the historic light station in 
                accordance with this Act, the National Historic 
                Preservation Act of 1966, 16 U.S.C. 470--470x-
                7, the Secretary of the Interior's Standards 
                for the Treatment of HistoricProperties, 36 CFR 
part 68, and other applicable laws, and any proposed changes to the 
historic light station shall be reviewed and approved by the Secretary 
in consultation with the State Historic Preservation Officer of the 
state in which the historic light station is located, for consistency 
with 36 CFR part 800.5(a)(2)(vii), and the Secretary of the Interior's 
Standards for Rehabilitation, 36 CFR part 67.7;
                  (E) the eligible entity to which the historic 
                light station is conveyed under this section 
                shall make the historic light station available 
                for education, park, recreation, cultural or 
                historic preservation purposes for the general 
                public at reasonable times and under reasonable 
                conditions;
                  (F) the eligible entity to which the historic 
                light station is conveyed shall not sell, 
                convey, assign, exchange, or encumber the 
                historic light station, any part thereof, or 
                any associated historic artifact conveyed to 
                the eligible entity in conjunction with the 
                historic light station conveyance, including 
                but not limited to any lens or lanterns, unless 
                such sale, conveyance, assignment, exchange or 
                encumbrance is approved by the Secretary;
                  (G) the eligible entity to which the historic 
                light station is conveyed shall not conduct any 
                commercial activities at the historic light 
                station, any part thereof, or in connection 
                with any associated historic artifact conveyed 
                to the eligible entity in conjunction with the 
                historic light station conveyance, in any 
                manner, unless such commercial activities are 
                approved by the Secretary; and
                  (H) the United States shall have the right, 
                at any time, to enter the historic light 
                station conveyed under this section without 
                notice, for purposes of operating, maintaining 
                and inspecting any aid to navigation and for 
                the purpose of ensuring compliance with this 
                subsection, to the extent that it is not 
                possible to provide advance notice.
          (2) Any eligible entity to which a historic light 
        station is conveyed under this section shall not be 
        required to maintain any Federal aid to navigation 
        associated with a historic light station, except for 
        any private aids to navigation permitted under 14 
        U.S.C. 83 to the eligible entity.
          (3) In addition to any term or condition established 
        pursuant to this subsection, the conveyance of a 
        historic light station shall include a condition that 
        the historic light station, or any associated historic 
        artifact conveyed to the eligible entity in conjunction 
        with the historic light station conveyance, including 
        but not limited to any lens or lanterns, at the option 
        of the Administrator, shall revert to the United States 
        and be placed under the administrative control of the 
        Administrator, if----
                  (A) the historic light station, any part 
                thereof, or any associated historic artifact 
                ceases to be available for education, park, 
                recreation, cultural, or historic preservation 
                purposes for the general public at reasonable 
                times and under reasonable conditions which 
                shall be set forth in the eligible entity's 
                application;
                  (B) the historic light station or any part 
                thereof ceases to be maintained in a manner 
                that ensures its present or future as a site 
                for a Federal aid to navigation;
                  (C) the historic light station, any part 
                thereof, or any associated historic artifact 
                ceases to be maintained in compliance with the 
                National Historic Preservation Act, 16 U.S.C. 
                470--470x-7, the Secretary of the Interior's 
                Standards for the Treatment of Historic 
                Properties, 36 CFR part 68, and other 
                applicable laws;
                  (D) the eligible entity to which the historic 
                light station is conveyed,sells, conveys, 
assigns, exchanges, or encumbers the historic light station, any part 
thereof, or any associated historic artifact, without approval of the 
Secretary;
                  (E) the eligible entity to which the historic 
                light station is conveyed, conducts any 
                commercial activities at the historic light 
                station, any part thereof, or in conjunction 
                with any associated historic artifact, without 
                approval of the Secretary; or
                  (F) at least 30 days before the reversion, 
                the Administrator provides written notice to 
                the owner that the historic light station or 
                any part thereof is needed for national 
                security purposes.
    (d) Description of Property.--
          (1) The Administrator shall prepare the legal 
        description of any historic light station conveyed 
        under this section. The Administrator, in consultation 
        with the Commandant, Coast Guard, and the Secretary, 
        may retain all right, title, and interest of the United 
        States in and to any historical artifact, including any 
        lens or lantern, that is associated with the historic 
        light station and located at the light station at the 
        time of conveyance. Wherever possible, such historical 
        artifacts should be used in interpreting that station. 
        In cases where there is no method for preserving lenses 
        and other artifacts and equipment in situ, priority 
        should be given to preservation or museum entities most 
        closely associated with the station, if they meet loan 
        requirements.
          (2) Artifacts associated with, but not located at, 
        the historic light station at the time of conveyance 
        shall remain the personal property of the United States 
        under the administrative control of the Commandant, 
        Coast Guard.
          (3) All conditions placed with quitclaim deed of 
        title to the historic light station shall be construed 
        as covenants running with the land.
          (4) No submerged lands shall be conveyed under this 
        section.
    (e) Definitions.--For purposes of this section:
          (1) Historic light station.--The term `historic light 
        station' includes the light tower, lighthouse, keepers 
        dwelling, garages, storage sheds, oil house, fog signal 
        building, boat house, barn, pumphouse, tramhouse 
        support structures, piers, walkways, underlying and 
        appurtenant land and related real property and 
        improvements associated therewith; provided that the 
        `historic light station' shall be included in or 
        eligible for inclusion in the National Register of 
        Historic Places.
          (2) Eligible entity.--The term `eligible entity' 
        shall mean:
                  (A) any department or agency of the Federal 
                Government; or
                  (B) any department or agency of the State in 
                which the historic light station is located, 
                the local government of the community in which 
                the historic light station is located, 
                nonprofit corporation, educational agency, or 
                community development organization that--
                          (i) has agreed to comply with the 
                        conditions set forth in subsection (c) 
                        and to have such conditions recorded 
                        with the deed of title to historic 
                        light station; and
                          (ii) is financially able to maintain 
                        the historic light station in 
                        accordance with the conditions set 
                        forth in subsection (c).
          (3) Federal aid to navigation.--The term `Federal aid 
        to navigation' shall mean any device, operated and 
        maintained by the United States, external to a vessel 
        or aircraft, intended to assist a navigator to 
        determine position or safe course, or to warn of 
        dangers or obstructions to navigation, and shall 
        include, but not be limited to, light, lens, lantern, 
        antenna, sound signal, camera, sensor, electronic 
        navigation equipment, power source, or other associated 
        equipment.
          (4) Secretary.--The term `Secretary' means the 
        Secretary of the Interior.'.

SEC. 309. HISTORIC LIGHT STATION SALES

    (a) In the event no applicants are approved for the 
conveyance of a historic light station pursuant to section 308, 
the historic light station shall be offered for sale. Terms of 
such sales shall be developed by the Administrator of General 
Services and consistent with the requirements of section 308, 
subparagraphs (c)(1)(A)-(D), (c)(1)(H), and subsection (c)(2). 
Conveyance documents shall include all necessary covenants to 
protect the historical integrity of the historic light station 
and ensure that any Federal aid to navigation located at the 
historic light station is operated and maintained by the United 
States for as long as needed for that purpose.
    (b) Net sale proceeds from the disposal of a historic light 
station:
          (1) located on public domain lands shall be 
        transferred to the National Maritime Heritage Grant 
        Program, established by the National Maritime Heritage 
        Act of 1994, Public Law 103-451, within the Department 
        of the Interior; and
          (2) under the administrative control of the Coast 
        Guard shall be credited to the Coast Guard's Operating 
        Expenses appropriation account, and shall be available 
        for obligation and expenditure for the maintenance of 
        light stations remaining under the administrative 
        control of the Coast Guard, such funds to remain 
        available until expended; provided further, that such 
        funds shall be available in addition to funds available 
        in the Operating Expense appropriation for this 
        purpose.

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