I

104TH CONGRESS

2D SESSION H. R. 3344

To authorize the conveyance of the Coast Guard Presque Isle Light Station

to Presque Isle Township, Presque Isle County, Michigan.

IN THE HOUSE OF REPRESENTATIVES

APRIL 25, 1996

Mr. STUPAK introduced the following bill; which was referred to the

Committee on Transportation and Infrastructure

A BILL

To authorize the conveyance of the Coast Guard Presque

Isle Light Station to Presque Isle Township, Presque

Isle County, Michigan.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. CONVEYANCE OF PRESQUE ISLE LIGHT STA4 TION, MICHIGAN.

5 (a) AUTHORITY TO CONVEY.—

6 (1) IN GENERAL.—Except as provided in para7 graph (3), the Secretary of the department in which

8 the Coast Guard is operating (in this section re9 ferred to as the ‘‘Secretary’’) may convey to Presque

10 Isle Township, Presque Isle County, Michigan (in
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1 this section referred to as the ‘‘Township’’) by an

2 appropriate means of conveyance, all right, title, and

3 interest of the United States in and to the real prop4 erty, upon which is located the United States Coast

5 Guard Presque Isle Light Station in the County of

6 Presque Isle, Michigan, more particularly described

7 as follows: Approximately 98.47 acres forming a pe8 ninsula into Lake Huron consisting of Lots 1 and 2

9 of Section 8, Township 34 North, Range 8 East, in

10 the County of Presque Isle, Michigan, including the

11 light-tower, attached dwelling, detached dwelling,

12 three car garage and any other improvements on

13 that parcel of land.

14 (2) IDENTIFICATION OF THE PROPERTY.—The

15 Secretary may identify, describe, and determine real

16 property to be conveyed under this section.

17 (3) RETAINED INTERESTS.—Notwithstanding

18 any conveyance under this section, the United States

19 shall retain all right, title, and interest in—

20 (A) any historical artifact, including any

21 lens or lantern, but not including any structures

22 or other fixtures of structures (except as pro23 vided in subparagraph (B)); and

24 (B) the light, antennas, sound signal, and

25 associated lighthouse equipment, and any elec-
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1 tronic navigation equipment, which are active

2 aids to navigation,

3 whether located on the property conveyed or associ4 ated with the property conveyed and located else5 where.

6 (b) TERMS AND CONDITIONS.—

7 (1) IN GENERAL.—Any conveyance of property

8 under subsection (a) shall be made—

9 (A) without payment of consideration;

10 (B) subject to such terms and conditions

11 as the Secretary may consider appropriate; and

12 (C) subject to appropriate covenants

13 that—

14 (i) warrant that all remedial action

15 necessary to protect human health and the

16 environment with respect to any substance

17 remaining on the property has been taken

18 before the date of the conveyance, and any

19 additional remedial action for that purpose

20 found to be necessary after the date of the

21 conveyance shall be taken by the United

22 States; and

23 (ii) reserving an easement to the

24 United States providing access to take any
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1 such remedial action required after the

2 conveyance.

3 (2) REVERSIONARY INTEREST.—In addition to

4 any term or condition established pursuant to para5 graph (1), any conveyance of property under sub6 section (a) shall be subject to the conditions that—

7 (A) the property shall be used as a center

8 for public benefit for the interpretation and

9 preservation of the material culture of the Unit10 ed States Coast Guard and the maritime his11 tory of Michigan, which may include use for

12 general park purposes or for educational, his13 torical, recreational, and cultural programs

14 open to and for the benefit of the general pub15 lic;

16 (B) the property shall be managed by the

17 Township or by such entity as may be granted

18 by the Township a lease, management contract,

19 or concession on such terms as may be accept20 able to the Township as being in the public in21 terest; and

22 (C) all right, title, and interest in the prop23 erty shall immediately revert to the United

24 States if the property ceases to be maintained
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1 and used in accordance with subparagraphs (A)

2 and (B).

3 (3) MAINTENANCE OF NAVIGATION FUNC4 TIONS.—Any conveyance of property under this sec5 tion shall be subject to such conditions as the Sec6 retary considers to be necessary to assure that—

7 (A) the light, antennas, sound signal, and

8 associated lighthouse equipment, and any elec9 tronic navigation equipment, located on the

10 property, which are active aids to navigation,

11 shall continue to be operated and maintained by

12 the United States for as long as they are need13 ed for this purpose;

14 (B) the Township may not interfere or

15 allow interference in any manner with such aids

16 to navigation without express written permis17 sion from the United States;

18 (C) there is reserved to the United States

19 the right to relocate, replace, or add any aids

20 to navigation, or make any changes on any por21 tion of the property as may be necessary for

22 navigation purposes;

23 (D) the United States shall have the right,

24 at any time, to enter the property without no-
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1 tice for the purpose of maintaining aids to navi2 gation;

3 (E) the United States shall have—

4 (i) an easement of access to the prop5 erty for the purpose of maintaining the

6 aids to navigation in use on the property,

7 and

8 (ii) an easement for an arc of visi9 bility; and

10 (F) the United States shall not be respon11 sible for the cost and expense of maintenance,

12 repair, and upkeep of the property.

13 (4) MAINTENANCE OBLIGATION.—The Town14 ship shall not have any obligation to maintain any

15 active aid to navigation equipment on the property

16 conveyed under this section.

17 (c) PROPERTY TO BE MAINTAINED IN ACCORDANCE

18 WITH CERTAIN LAWS.—The Township, to the extent its

19 budget permits as determined by its Township Board,

20 shall maintain property conveyed to the Township under

21 this section in accordance with the provisions of the Na22 tional Historic Preservation Act of 1966 (16 U.S.C. 470

23 et seq.) and other applicable laws.

24 (d) MAINTENANCE STANDARD.—The Township, at

25 its own cost and expense and to the extent its budget per-
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1 mits as determined by the Township Board, shall maintain

2 in a proper, substantial, and workmanlike manner, the

3 property conveyed under this section, including the ease4 ment of access and the easement for an arc of visibility.

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