I

106TH CONGRESS

2D SESSION H. R. 5199

To provide for conveyance of a lighthouse to the City of Kingston, New

York.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 18, 2000

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

Committee on Transportation and Infrastructure

A BILL

To provide for conveyance of a lighthouse to the City of

Kingston, New York.

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 KINGSTON LIGHTHOUSE,

4 NEW YORK.

5 (a) AUTHORITY TO CONVEY.—

6 (1) IN GENERAL.—Notwithstanding any other

7 law, the conveying authority shall convey to the city

8 of Kingston, New York, without monetary consider9 ation, all right, title, and interest of the United

10 States in and to the Kingston Lighthouse known as
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1 Roundout Creek Light 2, Roundout Creek, Ulster

2 County, Kingston, New York, together with any im3 provements thereon in their then current condition.

4 (2) IDENTIFICATION OF PROPERTY.—The con5 veying authority shall identify, describe, and deter6 mine the property to be conveyed under this section.

7 The conveying authority may retain all right, title,

8 and interest of the United States in and to any his9 torical artifact, including any lens or lantern, that is

10 associated with and located at a property conveyed

11 under this section at the time of conveyance. No

12 submerged lands shall be conveyed under this sec13 tion.

14 (3) ADMINISTRATION OF RETAINED ARTI15 FACTS.—Artifacts associated with, but not located at

16 property conveyed under this section at the time of

17 conveyance, shall remain the personal property of

18 the United States under the administrative control

19 of the Commandant.

20 (b) TERMS AND CONDITIONS OF CONVEYANCE.—

21 (1) IN GENERAL.—The conveyance of property

22 under this section shall be made subject to any

23 terms and conditions the conveying authority con24 siders necessary, including the reservation of ease-
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1 ments and other rights on behalf of the United

2 States, to ensure that—

3 (A) the aids to navigation located at prop4 erty conveyed under this section shall remain

5 the personal property of the United States and

6 continue to be operated and maintained by the

7 United States for as long as needed for naviga8 tional purposes;

9 (B) there is reserved to the United States

10 the right to remove, relocate, or replace any aid

11 to navigation located upon, or install or con12 struct any aid to navigation upon, property con13 veyed under this section as may be necessary

14 for navigational purposes;

15 (C) the United States shall have the right

16 to enter property conveyed under this section at

17 any time, without notice, for purposes of oper18 ating, maintaining, and inspecting any aid to

19 navigation and for the purposes of exercising

20 any of the rights set forth in subparagraph (B);

21 and

22 (D) the City shall not, without the Com23 mandant’s express written permission, interfere

24 or allow interference, in any manner, with any
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1 aid to navigation, or hinder activities

2 required—

3 (i) for the inspection, operation, and

4 maintenance of any aid to navigation; or

5 (ii) for the exercise of any of the

6 rights set forth in subparagraph (B).

7 (2) MAINTENANCE OF CONVEYED PROPERTY.—

8 (A) The City shall, at its own cost and expense,

9 maintain the property conveyed under this section in

10 a proper, substantial, and workmanlike manner.

11 (B) The City shall not be required to maintain

12 any active aid to navigation associated with the

13 property conveyed under this section except for pri14 vate aids to navigation permitted under section 83

15 of title 14, United States Code.

16 (3) PUBLIC ACCESS.—The City shall ensure

17 that the property conveyed is available and acces18 sible to the public, on a reasonable basis, for edu19 cational, park, recreational, cultural, historic preser20 vation, or similar purposes.

21 (4) COVENANTS.—All conditions included in the

22 deed of title for property conveyed under this section

23 shall be construed as covenants running with the

24 land.
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1 (c) REVERSIONARY INTEREST.—In addition to any

2 term or condition established pursuant to this section, any

3 property conveyed under this section, at the option of the

4 Administrator, shall revert to the United States and be

5 placed under the administrative control of the Adminis6 trator, if—

7 (1) the property, or any part thereof, ceases to

8 be maintained in a manner that ensures its present

9 or future use as a site for an aid to navigation, as

10 determined by the Commandant;

11 (2) the property, or any part thereof, ceases to

12 be maintained in a manner compliant with any con13 ditions established under the National Historic Pres14 ervation Act (16 U.S.C. 470 et seq.) or any other

15 applicable laws, as determined by the Secretary of

16 the Interior;

17 (3) the City conveys, assigns, exchanges, or in

18 any manner encumbers the property for consider19 ation, unless approved by the Administrator;

20 (4) the City conducts any commercial activities

21 at the property, unless approved by the Adminis22 trator; or

23 (5) at least 30 days before the reversion, the

24 Administrator provides written notice to the City
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1 that the property, or any portion thereof, is needed

2 for national security purposes.

3 (d) DEFINITIONS.—For purposes of this section:

4 (1) ADMINISTRATOR.—The term ‘‘Adminis5 trator’’ means the Administrator of General Serv6 ices.

7 (2) AID TO NAVIGATION.—The term ‘‘aid to

8 navigation’’ means equipment used for navigation

9 purposes, including any light, antenna, sound signal,

10 electronic and radio navigation equipment and sig11 nals, cameras, sensors, or other equipment operated

12 or maintained by the United States.

13 (3) CITY.—The term ‘‘City’’ means the city of

14 Kingston, New York, and its successors and assigns.

15 (4) COMMANDANT.—The term ‘‘Commandant’’

16 means the Commandant of the Coast Guard.

17 (5) CONVEYING AUTHORITY.—The term ‘‘con18 veying authority’’ means the Administrator or the

19 Commandant, as appropriate.

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