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[106th Congress Public Law 355]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ355.106]

[[Page 114 STAT. 1385]]

Public Law 106-355
106th Congress

                                 An Act

 
    To amend the National Historic Preservation Act for purposes of 
        establishing a national historic lighthouse preservation 
            program. <<NOTE: Oct. 24, 2000 -  [H.R. 4613]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: National 
Historic Lighthouse Preservation Act of 2000.>> 

SECTION 1. SHORT TITLE. <<NOTE: 16 USC 470 note.>> 

    This Act may be cited as the ``National Historic Lighthouse 
Preservation Act of 2000''.

SEC. 2. PRESERVATION OF HISTORIC LIGHT STATIONS. <<NOTE: 16 USC 470w-
            7.>> 

    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) <<NOTE: Deadline.>>  Process and policy.--Not later 
        than 1 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,

[[Page 114 STAT. 1386]]

        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;

[[Page 114 STAT. 1387]]

                    ``(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 
                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

[[Page 114 STAT. 1388]]

                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) <<NOTE: Notification.>>  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.
            ``(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,

[[Page 114 STAT. 1389]]

        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. <<NOTE: 16 USC 470w-8.>>  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

[[Page 114 STAT. 1390]]

        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.

    Approved October 24, 2000.

LEGISLATIVE HISTORY--H.R. 4613 (S. 2343):
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HOUSE REPORTS: No. 106-890 (Comm. on Resources).
SENATE REPORTS: No. 106-380 accompanying S. 2343 (Comm. on Energy and 
Natural Resources).
CONGRESSIONAL RECORD, Vol. 146 (2000):
            Sept. 26, considered and passed House.
            Oct. 5, considered and passed Senate.

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