II 

110TH CONGRESS 

1ST SESSION S. 1796 

To provide for the conveyance of the Presque Isle Light Station Fresnel 

Lens to Presque Isle Township, Michigan. 

IN THE SENATE OF THE UNITED STATES 

JULY 17, 2007 

Mr. LEVIN (for himself and Ms. STABENOW) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To provide for the conveyance of the Presque Isle Light 

Station Fresnel Lens to Presque Isle Township, 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 FRESNEL LENS TO PRESQUE ISLE 

5 TOWNSHIP, MICHIGAN. 

6 (a) CONVEYANCE OF LENS AUTHORIZED.— 

7 (1) TRANSFER OF POSSESSION.—Notwith8 standing any other provision of law, the Com9 mandant of the Coast Guard may transfer to 

10 Presque Isle Township, a township in Presque Isle 


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1 County in the State of Michigan (in this section re2 ferred to as the ‘‘Township’’), possession of the His3 toric Fresnel Lens (in this section referred to as the 

4 ‘‘Lens’’) from the Presque Isle Light Station Light5 house, Michigan (in this section referred to as the 

6 ‘‘Lighthouse’’). 

7 (2) CONDITION.—As a condition of the transfer 

8 of possession authorized by paragraph (1), the 

9 Township shall, not later than one year after the 

10 date of transfer, install the Lens in the Lighthouse 

11 for the purpose of operating the Lens and Light12 house as a Class I private aid to navigation pursu13 ant to section 85 of title 14, United States Code, 

14 and the applicable regulations under that section. 

15 (3) CONVEYANCE OF LENS.—Upon the certifi16 cation of the Commandant that the Township has 

17 installed the Lens in the Lighthouse and is able to 

18 operate the Lens and Lighthouse as a private aid to 

19 navigation as required by paragraph (2), the Com20 mandant shall convey to the Township all right, 

21 title, and interest of the United States in and to the 

22 Lens. 

23 (4) CESSATION OF UNITED STATES OPER24 ATIONS OF AIDS TO NAVIGATION AT LIGHTHOUSE.— 

25 Upon the making of the certification described in 


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1 paragraph (3), all active Federal aids to navigation 

2 located at the Lighthouse shall cease to be operated 

3 and maintained by the United States. 

4 (b) REVERSION.— 

5 (1) REVERSION FOR FAILURE OF AID TO NAVI6 GATION.—If the Township does not comply with the 

7 condition set forth in subsection (a)(2) within the 

8 time specified in that subsection, the Township shall, 

9 except as provided in paragraph (2), return the Lens 

10 to the Commandant at no cost to the United States 

11 and under such conditions as the Commandant may 

12 require. 

13 (2) EXCEPTION FOR HISTORICAL PRESERVA14 TION.—Notwithstanding the lack of compliance of 

15 the Township as described in paragraph (1), the 

16 Township may retain possession of the Lens for in17 stallation as an artifact in, at, or near the Light18 house upon the approval of the Commandant. The 

19 Lens shall be retained by the Township under this 

20 paragraph under such conditions for the preserva21 tion and conservation of the Lens as the Com22 mandant shall specify for purposes of this para23 graph. Installation of the Lens under this paragraph 

24 shall occur, if at all, not later than two years after 


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1 the date of the transfer of the Lens to the Township 

2 under subsection (a)(1). 

3 (3) REVERSION FOR FAILURE OF HISTORICAL

4 PRESERVATION.—If retention of the Lens by the 

5 Township is authorized under paragraph (2) and the 

6 Township does not install the Lens in accordance 

7 with that paragraph within the time specified in that 

8 paragraph, the Township shall return the lens to the 

9 Coast Guard at no cost to the United States and 

10 under such conditions as the Commandant may re11 quire. 

12 (c) CONVEYANCE OF ADDITIONAL PERSONAL PROP13 ERTY.— 

14 (1) TRANSFER AND CONVEYANCE OF PERSONAL

15 PROPERTY.—Notwithstanding any other provision of 

16 law, the Commandant may transfer to the Township 

17 any additional personal property of the United 

18 States related to the Lens that the Commandant 

19 considers appropriate for conveyance under this sec20 tion. If the Commandant conveys the Lens to the 

21 Township under subsection (a)(3), the Commandant 

22 may convey to the Township any personal property 

23 previously transferred to the Township under this 

24 subsection. 


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1 (2) REVERSION.—If the Lens is returned to the 

2 Coast Guard pursuant to subsection (b), the Town3 ship shall return to the Coast Guard all personal 

4 property transferred or conveyed to the Township 

5 under this subsection except to the extent otherwise 

6 approved by the Commandant. 

7 (d) CONVEYANCE WITHOUT CONSIDERATION.—The 

8 conveyance of the Lens and any personal property under 

9 this section shall be without consideration. 

10 (e) DELIVERY OF PROPERTY.—The Commandant 

11 shall deliver property conveyed under this section— 

12 (1) at the place where such property is located 

13 on the date of the conveyance; 

14 (2) in condition on the date of conveyance; and 

15 (3) without cost to the United States. 

16 (f) MAINTENANCE OF PROPERTY.—As a condition of 

17 the conveyance of any property to the Township under this 

18 section, the Commandant shall enter into an agreement 

19 with the Township under which the Township agrees— 

20 (1) to operate the Lens as a Class I private aid 

21 to navigation under section 85 of title 14, United 

22 States Code, and application regulations under that 

23 section; and 


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1 (2) to hold the United States harmless for any 

2 claim arising with respect to personal property con3 veyed under this section. 

4 (g) LIMITATION ON FUTURE CONVEYANCE.—The in5 struments providing for the conveyance of property under 

6 this section shall— 

7 (1) require that any further conveyance of an 

8 interest in such property may not be made without 

9 the advance approval of the Commandant; and 

10 (2) provide that, if the Commandant determines 

11 that an interest in such property was conveyed with12 out such approval— 

13 (A) all right, title, and interest in such 

14 property shall revert to the United States, and 

15 the United States shall have the right to imme16 diate possession of such property; and 

17 (B) the recipient of such property shall pay 

18 the United States for costs incurred by the 

19 United States in recovering such property. 

20 (h) ADDITIONAL TERMS AND CONDITIONS.—The 

21 Commandant may require such additional terms and con22 ditions in connection with the conveyances authorized by 

23 this section as the Commandant considers appropriate to 

24 protect the interests of the United States. 

Æ 


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