PUBLIC LAW 106–355—OCT. 24, 2000 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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

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 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,

Deadline.

16 USC 470w–7.

16 USC 470 note.

National Historic

Lighthouse

Preservation Act

of 2000.

Oct. 24, 2000

[H.R. 4613]

114 STAT. 1386 PUBLIC LAW 106–355—OCT. 24, 2000

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;

PUBLIC LAW 106–355—OCT. 24, 2000 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

114 STAT. 1388 PUBLIC LAW 106–355—OCT. 24, 2000

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.

‘‘(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,

Notification.

PUBLIC LAW 106–355—OCT. 24, 2000 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. 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

16 USC 470w–8.

114 STAT. 1390 PUBLIC LAW 106–355—OCT. 24, 2000

LEGISLATIVE HISTORY—H.R. 4613 (S. 2343):

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.

Æ

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.