79–006

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–890

NATIONAL HISTORIC LIGHTHOUSE PRESERVATION ACT OF

2000

SEPTEMBER 26, 2000.—Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed

Mr. YOUNG of Alaska, from the Committee on Resources,

submitted the following

R E P O R T

[To accompany H.R. 4613]

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill

(H.R. 4613) to amend the National Historic Preservation Act for

purposes of establishing a national historic lighthouse preservation

program, having considered the same, report favorably thereon

with an amendment and recommend that the bill as amended do

pass.

The amendment is as follows:

Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘National Historic Lighthouse Preservation Act of

2000’’.

SEC. 2. PRESERVATION OF HISTORIC LIGHT STATIONS.

Title III of the National Historic Preservation Act (16 U.S.C. 470w, 470w–6) is

amended by adding at the end the following new section:

‘‘SEC. 308. HISTORIC LIGHTHOUSE PRESERVATION.

‘‘(a) IN GENERAL.—In order to provide a national historic light station program,

the Secretary shall—

‘‘(1) collect and disseminate information concerning historic light stations, including historic lighthouses and associated structures;

‘‘(2) foster educational programs relating to the history, practice, and contribution to society of historic light stations;

‘‘(3) sponsor or conduct research and study into the history of light stations;

‘‘(4) maintain a listing of historic light stations; and

‘‘(5) assess the effectiveness of the program established by this section regarding the conveyance of historic light stations.

‘‘(b) CONVEYANCE OF HISTORIC LIGHT STATIONS.—

‘‘(1) PROCESS AND POLICY.—Not later than one year after the date of the enactment of this section, the Secretary and the Administrator shall establish a

process and policies for identifying, and selecting, an eligible entity to which a

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historic light station could be conveyed for education, park, recreation, cultural,

or historic preservation purposes, and to monitor the use of such light station

by the eligible entity.

‘‘(2) APPLICATION REVIEW.—The Secretary shall review all applications for the

conveyance of a historic light station, when the agency with administrative jurisdiction over the historic light station has determined the property to be ‘excess property’ as that term is defined in the Federal Property Administrative

Services Act of 1949 (40 U.S.C. 472(e)), and forward to the Administrator a single approved application for the conveyance of the historic light station. When

selecting an eligible entity, the Secretary shall consult with the State Historic

Preservation Officer of the state in which the historic light station is located.

‘‘(3) CONVEYANCE OF HISTORIC LIGHT STATIONS.—(A) Except as provided in

subparagraph (B), the Administrator shall convey, by quitclaim deed, without

consideration, all right, title, and interest of the United States in and to the historic light station, subject to the conditions set forth in subsection (c) after the

Secretary’s selection of an eligible entity. The conveyance of a historic light station under this section shall not be subject to the provisions of the Stewart B.

McKinney Homeless Assistance Act (42 U.S.C. 11301 et seq.) or section 416(d)

of the Coast Guard Authorization Act of 1998 (Public Law 105–383).

‘‘(B)(i) Historic light stations located within the exterior boundaries of a unit

of the National Park System or a refuge within the National Wildlife Refuge

System shall be conveyed or sold only with the approval of the Secretary.

‘‘(ii) If the Secretary approves the conveyance of a historic light station referenced in this paragraph, such conveyance shall be subject to the conditions

set forth in subsection (c) and any other terms or conditions the Secretary considers necessary to protect the resources of the park unit or wildlife refuge.

‘‘(iii) If the Secretary approves the sale of a historic light station referenced

in this paragraph, such sale shall be subject to the conditions set forth in subparagraphs (A) through (D) and (H) of subsection (c)(1) and subsection (c)(2) and

any other terms or conditions the Secretary considers necessary to protect the

resources of the park unit or wildlife refuge.

‘‘(iv) For those historic light stations referenced in this paragraph, the Secretary is encouraged to enter into cooperative agreements with appropriate eligible entities, as provided in this Act, to the extent such cooperative agreements

are consistent with the Secretary’s responsibilities to manage and administer

the park unit or wildlife refuge, as appropriate.

‘‘(c) TERMS OF CONVEYANCE.—

‘‘(1) IN GENERAL.—The conveyance of a historic light station shall be made

subject to any conditions, including the reservation of easements and other

rights on behalf of the United States, the Administrator considers necessary to

ensure that—

‘‘(A) the Federal aids to navigation located at the historic light station in

operation on the date of conveyance remain the personal property of the

United States and continue to be operated and maintained by the United

States for as long as needed for navigational purposes;

‘‘(B) there is reserved to the United States the right to remove, replace,

or install any Federal aid to navigation located at the historic light station

as may be necessary for navigational purposes;

‘‘(C) the eligible entity to which the historic light station is conveyed

under this section shall not interfere or allow interference in any manner

with any Federal aid to navigation, nor hinder activities required for the

operation and maintenance of any Federal aid to navigation, without the

express written permission of the head of the agency responsible for maintaining the Federal aid to navigation;

‘‘(D) the eligible entity to which the historic light station is conveyed

under this section shall, at its own cost and expense, use and maintain the

historic light station in accordance with this Act, the Secretary of the Interior’s Standards for the Treatment of Historic Properties, 36 CFR part 68,

and other applicable laws, and any proposed changes to the historic

light station shall be reviewed and approved by the Secretary in consultation with the State Historic Preservation Officer of the state in which the

historic light station is located, for consistency with 36 CFR part

800.5(a)(2)(vii), and the Secretary of the Interior’s Standards for Rehabilitation, 36 CFR part 67.7;

‘‘(E) the eligible entity to which the historic light station is conveyed

under this section shall make the historic light station available for education, park, recreation, cultural or historic preservation purposes for the

general public at reasonable times and under reasonable conditions;

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‘‘(F) the eligible entity to which the historic light station is conveyed shall

not sell, convey, assign, exchange, or encumber the historic light station,

any part thereof, or any associated historic artifact conveyed to the eligible

entity in conjunction with the historic light station conveyance, including

but not limited to any lens or lanterns, unless such sale, conveyance, assignment, exchange or encumbrance is approved by the Secretary;

‘‘(G) the eligible entity to which the historic light station is conveyed shall

not conduct any commercial activities at the historic light station, any part

thereof, or in connection with any associated historic artifact conveyed to

the eligible entity in conjunction with the historic light station conveyance,

in any manner, unless such commercial activities are approved by the Secretary; and

‘‘(H) the United States shall have the right, at any time, to enter the historic light station conveyed under this section without notice, for purposes

of operating, maintaining, and inspecting any aid to navigation and for the

purpose of ensuring compliance with this subsection, to the extent that it

is not possible to provide advance notice.

‘‘(2) MAINTENANCE OF AID TO NAVIGATION.—Any eligible entity to which a historic light station is conveyed under this section shall not be required to maintain any Federal aid to navigation associated with a historic light station, except any private aids to navigation permitted under section 83 of title 14,

United States Code, to the eligible entity.

‘‘(3) REVERSION.—In addition to any term or condition established pursuant

to this subsection, the conveyance of a historic light station shall include a condition that the historic light station, or any associated historic artifact conveyed

to the eligible entity in conjunction with the historic light station conveyance,

including but not limited to any lens or lanterns, at the option of the Administrator, shall revert to the United States and be placed under the administrative

control of the Administrator, if—

‘‘(A) the historic light station, any part thereof, or any associated historic

artifact ceases to be available for education, park, recreation, cultural, or

historic preservation purposes for the general public at reasonable times

and under reasonable conditions which shall be set forth in the eligible entity’s application;

‘‘(B) the historic light station or any part thereof ceases to be maintained

in a manner that ensures its present or future use as a site for a Federal

aid to navigation;

‘‘(C) the historic light station, any part thereof, or any associated historic

artifact ceases to be maintained in compliance with this Act, the Secretary

of the Interior’s Standards for the Treatment of Historic Properties, 36 CFR

part 68, and other applicable laws;

‘‘(D) the eligible entity to which the historic light station is conveyed,

sells, conveys, assigns, exchanges, or encumbers the historic light station,

any part thereof, or any associated historic artifact, without approval of the

Secretary;

‘‘(E) the eligible entity to which the historic light station is conveyed, conducts any commercial activities at the historic light station, any part thereof, or in conjunction with any associated historic artifact, without approval

of the Secretary; or

‘‘(F) at least 30 days before the reversion, the Administrator provides

written notice to the owner that the historic light station or any part thereof is needed for national security purposes.

‘‘(d) DESCRIPTION OF PROPERTY.—

‘‘(1) IN GENERAL.—The Administrator shall prepare the legal description of

any historic light station conveyed under this section. The Administrator, in

consultation with the Commandant, United States Coast Guard, and the Secretary, may retain all right, title, and interest of the United States in and to

any historical artifact, including any lens or lantern, that is associated with the

historic light station and located at the light station at the time of conveyance.

Wherever possible, such historical artifacts should be used in interpreting that

station. In cases where there is no method for preserving lenses and other artifacts and equipment in situ, priority should be given to preservation or museum

entities most closely associated with the station, if they meet loan requirements.

‘‘(2) ARTIFACTS.—Artifacts associated with, but not located at, the historic

light station at the time of conveyance shall remain the personal property of

the United States under the administrative control of the Commandant, United

States Coast Guard.

‘‘(3) COVENANTS.—All conditions placed with the quitclaim deed of title to the

historic light station shall be construed as covenants running with the land.

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‘‘(4) SUBMERGED LANDS.—No submerged lands shall be conveyed under this

section.

‘‘(e) DEFINITIONS.—For purposes of this section:

‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ shall mean the Administrator

of General Services.

‘‘(2) HISTORIC LIGHT STATION.—The term ‘historic light station’ includes the

light tower, lighthouse, keepers dwelling, garages, storage sheds, oil house, fog

signal building, boat house, barn, pumphouse, tramhouse support structures,

piers, walkways, underlying and appurtenant land and related real property

and improvements associated therewith; provided that the ‘historic light station’

shall be included in or eligible for inclusion in the National Register of Historic

Places.

‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible entity’ shall mean:

‘‘(A) any department or agency of the Federal Government; or

‘‘(B) any department or agency of the State in which the historic light station is located, the local government of the community in which the historic

light station is located, nonprofit corporation, educational agency, or community development organization that—

‘‘(i) has agreed to comply with the conditions set forth in subsection

(c) and to have such conditions recorded with the deed of title to the

historic light station; and

‘‘(ii) is financially able to maintain the historic light station in accordance with the conditions set forth in subsection (c).

‘‘(4) FEDERAL AID TO NAVIGATION.—The term ‘Federal aid to navigation’ shall

mean any device, operated and maintained by the United States, external to a

vessel or aircraft, intended to assist a navigator to determine position or safe

course, or to warn of dangers or obstructions to navigation, and shall include,

but not be limited to, a light, lens, lantern, antenna, sound signal, camera, sensor, electronic navigation equipment, power source, or other associated equipment.

‘‘(5) SECRETARY.—The term ‘Secretary’ means the Secretary of the Interior.’’.

SEC. 3. SALE OF HISTORIC LIGHT STATIONS.

Title III of the National Historic Preservation Act (16 U.S.C. 470w, 470w–6), as

amended by section 2 of this Act, is amended by adding at the end the following

new section:

‘‘SEC. 309. HISTORIC LIGHT STATION SALES.

‘‘(a) IN GENERAL.—In the event no applicants are approved for the conveyance of

a historic light station pursuant to section 308, the historic light station shall be

offered for sale. Terms of such sales shall be developed by the Administrator of General Services and consistent with the requirements of section 308, subparagraphs

(A) through (D) and (H) of subsection (c)(1), and subsection (c)(2). Conveyance documents shall include all necessary covenants to protect the historical integrity of the

historic light station and ensure that any Federal aid to navigation located at the

historic light station is operated and maintained by the United States for as long

as needed for that purpose.

‘‘(b) NET SALE PROCEEDS.—Net sale proceeds from the disposal of a historic light

station—

‘‘(1) located on public domain lands shall be transferred to the National Maritime Heritage Grant Program, established by the National Maritime Heritage

Act of 1994 (Public Law 103–451) within the Department of the Interior; and

‘‘(2) under the administrative control of the Coast Guard shall be credited to

the Coast Guard’s Operating Expenses appropriation account, and shall be

available for obligation and expenditure for the maintenance of light stations

remaining under the administrative control of the Coast Guard, such funds to

remain available until expended and shall be available in addition to funds

available in the Operating Expense appropriation for this purpose.’’.

SEC. 4. FUNDING.

There are hereby authorized to be appropriated to the Secretary of the Interior

such sums as may be necessary to carry out this Act.

PURPOSE OF THE BILL

The purpose of H.R. 4613 is to amend the National Historic Preservation Act for purposes of establishing a national historic lighthouse preservation program.

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BACKGROUND AND NEED FOR LEGISLATION

H.R. 4613 amends the National Historic Preservation Act (16

U.S.C. 470w, 470w–6) to establish a national historic lighthouse

preservation program. The new program will provide a process for

the conveyance of excess historic lighthouses from federal ownership to eligible entities who have agreed to the terms and conditions of the conveyance. Such terms and conditions include noninterference with federal aids to navigation and that the conveyed

light station be available at reasonable times to the general public.

Eligible entities can include federal, state, or local agencies, along

with nonprofit corporations and community development organizations. After the conveyance, the eligible entity agrees to maintain

the historic light station at its own cost. Furthermore, the eligible

entity agrees that the light station be used for public educational,

park, recreational, cultural and historic preservation purposes.

H.R. 4613 includes provisions for the sale of historic light stations

if no applications for the conveyance are approved. In addition, the

bill establishes a national historic light station program to collect

information on, foster educational programs relating to, and maintain a listing of historic light stations.

COMMITTEE ACTION

H.R. 4613 was introduced by Congressman Mark E. Souder (R–

IN) on June 8, 2000. The bill was referred to the Committee on Resources, and within the Committee to the Subcommittee on National Parks and Public Lands. On July 13, 2000, the Subcommittee held a hearing on the bill. On September 13, 2000, the

Resources Committee met to consider H.R. 4613. The Subcommittee on National Parks and Public Lands was discharged

from further consideration of the bill by unanimous consent. An

amendment was offered by Congressman Souder which made technical changes to the bill. The amendment was adopted by voice

vote. No further amendments were offered and the bill, as amended, was ordered favorably reported to the House of Representatives

by voice vote.

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII

of the Rules of the House of Representatives, the Committee on Resources’ oversight findings and recommendations are reflected in

the body of this report.

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States

grants Congress the authority to enact this bill.

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill preVerDate 11-MAY-2000 13:34 Sep 27, 2000 Jkt 079006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR890.XXX pfrm03 PsN: HR890
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pared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974.

2. Congressional Budget Act. As required by clause 3(c)(2) of rule

XIII of the Rules of the House of Representatives and section

308(a) of the Congressional Budget Act of 1974, this bill does not

contain any new budget authority, credit authority, or an increase

or decrease in tax expenditures. According to the Congressional

Budget Office, enactment of this bill could affect direct spending by

allowing the federal government to sell certain federally-controlled

lighthouses and then spend the proceeds without further appropriation. However, the Congressional Budget Office concludes that

‘‘any such changes in direct spending would not be significant’’.

3. Government Reform Oversight Findings. Under clause 3(c)(4)

of rule XIII of the Rules of the House of Representatives, the Committee has received no report of oversight findings and recommendations from the Committee on Government Reform on this

bill.

4. Congressional Budget Office Cost Estimate. Under clause

3(c)(3) of rule XIII of the Rules of the House of Representatives and

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the

Director of the Congressional Budget Office.

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, September 18, 2000.

Hon. DON YOUNG,

Chairman,

U.S. House of Representatives, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 4613, 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), and Marjorie Miller (for the state and local impact).

Sincerely,

BARRY B. ANDERSON,

(For Dan L. Crippen, Director).

Enclosure.

H.R. 4613—National Historic Lighthouse Preservation Act of 2000

Subject to future appropriation actions, implementing H.R. 4613

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, however, that any such changes in direct spending

would not be significant. H.R. 4613 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.

H.R. 4613 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

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would collect and disseminate information on historic lighthouses

and convey, at no cost, historic lighthouses that are no longer needed. Federal, state, and local agencies, 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 lighthouse 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 H.R. 4613

(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 any significant impact on direct spending.

According to the USCG, it controls about 350 lighthouses. The

cost of operating and maintaining these facilities varies widely, but

totals less than $10 million a year. Under H.R. 4613, 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.

On June 22, 2000, CBO transmitted a cost estimate for S. 2343,

the National Historic Lighthouse Preservation Act of 2000, as ordered reported by the Senate Committee on Energy and Natural

Resources on June 7, 2000. These two bills are very similar and

their estimated costs are the same.

The CBO staff contacts are John R. Righter (for federal costs),

and Marjorie Miller (for the state and local impact). This estimate

was approved by Peter H. Fontaine, Deputy Assistant Director for

Budget Analysis.

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates.

PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

This bill is not intended to preempt State, local, or tribal law.

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the

House of Representatives, changes in existing law made by the bill,

as reported, are shown as follows (new matter is printed in italics

and existing law in which no change is proposed is shown in

roman):

NATIONAL HISTORIC PRESERVATION ACT

* * * * * * *

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TITLE III

* * * * * * *

SEC. 308. HISTORIC LIGHTHOUSE PRESERVATION.

(a) IN GENERAL.—In order to provide a national historic light station program, the Secretary shall—

(1) collect and disseminate information concerning historic

light stations, including historic lighthouses and associated

structures;

(2) foster educational programs relating to the history, practice, and contribution to society of historic light stations;

(3) sponsor or conduct research and study into the history of

light stations;

(4) maintain a listing of historic light stations; and

(5) assess the effectiveness of the program established by this

section regarding the conveyance of historic light stations.

(b) CONVEYANCE OF HISTORIC LIGHT STATIONS.—

(1) PROCESS AND POLICY.—Not later than one year after the

date of the enactment of this section, the Secretary and the Administrator shall establish a process and policies for identifying, and selecting, an eligible entity to which a historic light

station could be conveyed for education, park, recreation, cultural, or historic preservation purposes, and to monitor the use

of such light station by the eligible entity.

(2) APPLICATION REVIEW.—The Secretary shall review all applications for the conveyance of a historic light station, when

the agency with administrative jurisdiction over the historic

light station has determined the property to be ‘‘excess property’’

as that term is defined in the Federal Property Administrative

Services Act of 1949 (40 U.S.C. 472(e)), and forward to the Administrator a single approved application for the conveyance of

the historic light station. When selecting an eligible entity, the

Secretary shall consult with the State Historic Preservation Officer of the state in which the historic light station is located.

(3) CONVEYANCE OF HISTORIC LIGHT STATIONS.—(A) Except as

provided in subparagraph (B), the Administrator shall convey,

by quitclaim deed, without consideration, all right, title, and

interest of the United States in and to the historic light station,

subject to the conditions set forth in subsection (c) after the Secretary’s selection of an eligible entity. The conveyance of a historic light station under this section shall not be subject to the

provisions of the Stewart B. McKinney Homeless Assistance Act

(42 U.S.C. 11301 et seq.) or section 416(d) of the Coast Guard

Authorization Act of 1998 (Public Law 105–383).

(B)(i) Historic light stations located within the exterior

boundaries of a unit of the National Park System or a refuge

within the National Wildlife Refuge System shall be conveyed

or sold only with the approval of the Secretary.

(ii) If the Secretary approves the conveyance of a historic light

station referenced in this paragraph, such conveyance shall be

subject to the conditions set forth in subsection (c) and any

other terms or conditions the Secretary considers necessary to

protect the resources of the park unit or wildlife refuge.

(iii) If the Secretary approves the sale of a historic light station referenced in this paragraph, such sale shall be subject to

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the conditions set forth in subparagraphs (A) through (D) and

(H) of subsection (c)(1) and subsection (c)(2) and any other

terms or conditions the Secretary considers necessary to protect

the resources of the park unit or wildlife refuge.

(iv) For those historic light stations referenced in this paragraph, the Secretary is encouraged to enter into cooperative

agreements with appropriate eligible entities, as provided in

this Act, to the extent such cooperative agreements are consistent with the Secretary’s responsibilities to manage and administer the park unit or wildlife refuge, as appropriate.

(c) TERMS OF CONVEYANCE.—

(1) IN GENERAL.—The conveyance of a historic light station

shall be made subject to any conditions, including the reservation of easements and other rights on behalf of the United

States, the Administrator considers necessary to ensure that—

(A) the Federal aids to navigation located at the historic

light station in operation on the date of conveyance remain

the personal property of the United States and continue to

be operated and maintained by the United States for as

long as needed for navigational purposes;

(B) there is reserved to the United States the right to remove, replace, or install any Federal aid to navigation located at the historic light station as may be necessary for

navigational purposes;

(C) the eligible entity to which the historic light station

is conveyed under this section shall not interfere or allow

interference in any manner with any Federal aid to navigation, nor hinder activities required for the operation and

maintenance of any Federal aid to navigation, without the

express written permission of the head of the agency responsible for maintaining the Federal aid to navigation;

(D) the eligible entity to which the historic light station

is conveyed under this section shall, at its own cost and expense, use and maintain the historic light station in accordance with this Act, the Secretary of the Interior’s

Standards for the Treatment of Historic Properties, 36 CFR

part 68, and other applicable laws, and any proposed

changes to the historic light station shall be reviewed and

approved by the Secretary in consultation with the State

Historic Preservation Officer of the state in which the historic light station is located, for consistency with 36 CFR

part 800.5(a)(2)(vii), and the Secretary of the Interior’s

Standards for Rehabilitation, 36 CFR part 67.7;

(E) the eligible entity to which the historic light station

is conveyed under this section shall make the historic light

station available for education, park, recreation, cultural or

historic preservation purposes for the general public at reasonable times and under reasonable conditions;

(F) the eligible entity to which the historic light station

is conveyed shall not sell, convey, assign, exchange, or encumber the historic light station, any part thereof, or any

associated historic artifact conveyed to the eligible entity in

conjunction with the historic light station conveyance, including but not limited to any lens or lanterns, unless such

10

sale, conveyance, assignment, exchange or encumbrance is

approved by the Secretary;

(G) the eligible entity to which the historic light station

is conveyed shall not conduct any commercial activities at

the historic light station, any part thereof, or in connection

with any associated historic artifact conveyed to the eligible

entity in conjunction with the historic light station conveyance, in any manner, unless such commercial activities are

approved by the Secretary; and

(H) the United States shall have the right, at any time,

to enter the historic light station conveyed under this section without notice, for purposes of operating, maintaining,

and inspecting any aid to navigation and for the purpose

of ensuring compliance with this subsection, to the extent

that it is not possible to provide advance notice.

(2) MAINTENANCE OF AID TO NAVIGATION.—Any eligible entity

to which a historic light station is conveyed under this section

shall not be required to maintain any Federal aid to navigation

associated with a historic light station, except any private aids

to navigation permitted under section 83 of title 14, United

States Code, to the eligible entity.

(3) REVERSION.—In addition to any term or condition established pursuant to this subsection, the conveyance of a historic

light station shall include a condition that the historic light

station, or any associated historic artifact conveyed to the eligible entity in conjunction with the historic light station conveyance, including but not limited to any lens or lanterns, at the

option of the Administrator, shall revert to the United States

and be placed under the administrative control of the Administrator, if—

(A) the historic light station, any part thereof, or any associated historic artifact ceases to be available for education, park, recreation, cultural, or historic preservation

purposes for the general public at reasonable times and

under reasonable conditions which shall be set forth in the

eligible entity’s application;

(B) the historic light station or any part thereof ceases to

be maintained in a manner that ensures its present or future use as a site for a Federal aid to navigation;

(C) the historic light station, any part thereof, or any associated historic artifact ceases to be maintained in compliance with this Act, the Secretary of the Interior’s Standards

for the Treatment of Historic Properties, 36 CFR part 68,

and other applicable laws;

(D) the eligible entity to which the historic light station

is conveyed, sells, conveys, assigns, exchanges, or encumbers the historic light station, any part thereof, or any associated historic artifact, without approval of the Secretary;

(E) the eligible entity to which the historic light station

is conveyed, conducts any commercial activities at the historic light station, any part thereof, or in conjunction with

any associated historic artifact, without approval of the

Secretary; or

(F) at least 30 days before the reversion, the Administrator provides written notice to the owner that the historic

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light station or any part thereof is needed for national security purposes.

(d) DESCRIPTION OF PROPERTY.—

(1) IN GENERAL.—The Administrator shall prepare the legal

description of any historic light station conveyed under this section. The Administrator, in consultation with the Commandant,

United States Coast Guard, and the Secretary, may retain all

right, title, and interest of the United States in and to any historical artifact, including any lens or lantern, that is associated

with the historic light station and located at the light station

at the time of conveyance. Wherever possible, such historical artifacts should be used in interpreting that station. In cases

where there is no method for preserving lenses and other artifacts and equipment in situ, priority should be given to preservation or museum entities most closely associated with the station, if they meet loan requirements.

(2) ARTIFACTS.—Artifacts associated with, but not located at,

the historic light station at the time of conveyance shall remain

the personal property of the United States under the administrative control of the Commandant, United States Coast Guard.

(3) COVENANTS.—All conditions placed with the quitclaim

deed of title to the historic light station shall be construed as

covenants running with the land.

(4) SUBMERGED LANDS.—No submerged lands shall be conveyed under this section.

(e) DEFINITIONS.—For purposes of this section:

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ shall mean

the Administrator of General Services.

(2) HISTORIC LIGHT STATION.—The term ‘‘historic light station’’ includes the light tower, lighthouse, keepers dwelling, garages, storage sheds, oil house, fog signal building, boat house,

barn, pumphouse, tramhouse support structures, piers, walkways, underlying and appurtenant land and related real property and improvements associated therewith; provided that the

‘‘historic light station’’ shall be included in or eligible for inclusion in the National Register of Historic Places.

(3) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ shall mean:

(A) any department or agency of the Federal Government;

or

(B) any department or agency of the State in which the

historic light station is located, the local government of the

community in which the historic light station is located,

nonprofit corporation, educational agency, or community

development organization that—

(i) has agreed to comply with the conditions set forth

in subsection (c) and to have such conditions recorded

with the deed of title to the historic light station; and

(ii) is financially able to maintain the historic light

station in accordance with the conditions set forth in

subsection (c).

(4) FEDERAL AID TO NAVIGATION.—The term ‘‘Federal aid to

navigation’’ shall mean any device, operated and maintained by

the United States, external to a vessel or aircraft, intended to

assist a navigator to determine position or safe course, or to

warn of dangers or obstructions to navigation, and shall inVerDate 11-MAY-2000 13:34 Sep 27, 2000 Jkt 079006 PO 00000 Frm 00011 Fmt 6659 Sfmt 6603 E:\HR\OC\HR890.XXX pfrm03 PsN: HR890
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clude, but not be limited to, a light, lens, lantern, antenna,

sound signal, camera, sensor, electronic navigation equipment,

power source, or other associated equipment.

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of

the Interior.

SEC. 309. HISTORIC LIGHT STATION SALES.

(a) IN GENERAL.—In the event no applicants are approved for the

conveyance of a historic light station pursuant to section 308, the

historic light station shall be offered for sale. Terms of such sales

shall be developed by the Administrator of General Services and

consistent with the requirements of section 308, subparagraphs (A)

through (D) and (H) of subsection (c)(1), and subsection (c)(2). Conveyance documents shall include all necessary covenants to protect

the historical integrity of the historic light station and ensure that

any Federal aid to navigation located at the historic light station

is operated and maintained by the United States for as long as

needed for that purpose.

(b) NET SALE PROCEEDS.—Net sale proceeds from the disposal of

a historic light station—

(1) located on public domain lands shall be transferred to the

National Maritime Heritage Grant Program, established by the

National Maritime Heritage Act of 1994 (Public Law 103–451)

within the Department of the Interior; and

(2) under the administrative control of the Coast Guard shall

be credited to the Coast Guard’s Operating Expenses appropriation account, and shall be available for obligation and expenditure for the maintenance of light stations remaining under the

administrative control of the Coast Guard, such funds to remain available until expended and shall be available in addition to funds available in the Operating Expense appropriation

for this purpose.

Æ