II
Calendar No. 833
106TH CONGRESS
2D SESSION
H. R. 4613
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 27 (legislative day, SEPTEMBER 22), 2000
Received; read twice and placed on the calendar
AN ACT
To amend the National Historic Preservation Act for pur-
poses of establishing a national historic lighthouse pres-
ervation program.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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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 adminis-
trative jurisdiction over the historic light station has
determined the property to be ‘excess property’ as
that term is defined in the Federal Property Admin-
istrative 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 Sec-
retary shall consult with the State Historic Preser-
vation Officer of the State in which the historic light
station is located.
‘‘(3) CONVEYANCE
OF
HISTORIC
LIGHT
STA-
TIONS.—(A) Except as provided in subparagraph
(B), the Administrator shall convey, by quitclaim
deed, without consideration, all right, title, and in-
terest of the United States in and to the historic
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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 sta-
tion 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 Ref-
uge 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 para-
graph, such conveyance shall be subject to the condi-
tions 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 ref-
uge.
‘‘(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 sub-
section (c)(1) and subsection (c)(2) and any other
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terms or conditions the Secretary considers nec-
essary 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 admin-
ister the park unit or wildlife refuge, as appropriate.
‘‘(c) TERMS OF CONVEYANCE.—
‘‘(1) IN GENERAL.—The conveyance of a his-
toric light station shall be made subject to any con-
ditions, including the reservation of easements and
other rights on behalf of the United States, the Ad-
ministrator 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 prop-
erty of the United States and continue to be op-
erated 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 Fed-
eral aid to navigation located at the historic
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light station as may be necessary for naviga-
tional purposes;
‘‘(C) the eligible entity to which the his-
toric 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 his-
toric 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 Prop-
erties, 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),
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and the Secretary of the Interior’s Standards
for Rehabilitation, 36 CFR part 67.7;
‘‘(E) the eligible entity to which the his-
toric light station is conveyed under this section
shall make the historic light station available
for education, park, recreation, cultural or his-
toric preservation purposes for the general pub-
lic at reasonable times and under reasonable
conditions;
‘‘(F) the eligible entity to which the his-
toric light station is conveyed shall not sell, con-
vey, assign, exchange, or encumber the historic
light station, any part thereof, or any associ-
ated historic artifact conveyed to the eligible en-
tity 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 ap-
proved by the Secretary;
‘‘(G) the eligible entity to which the his-
toric 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
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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 no-
tice, 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 asso-
ciated historic artifact conveyed to the eligible entity
in conjunction with the historic light station convey-
ance, including but not limited to any lens or lan-
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terns, at the option of the Administrator, shall re-
vert 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, recre-
ation, 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 his-
toric light station is conveyed, sells, conveys, as-
signs, exchanges, or encumbers the historic
light station, any part thereof, or any associ-
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ated historic artifact, without approval of the
Secretary;
‘‘(E) the eligible entity to which the his-
toric light station is conveyed, conducts any
commercial activities at the historic light sta-
tion, any part thereof, or in conjunction with
any associated historic artifact, without ap-
proval 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 Adminis-
trator, 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 his-
toric light station and located at the light station at
the time of conveyance. Wherever possible, such his-
torical artifacts should be used in interpreting that
station. In cases where there is no method for pre-
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serving lenses and other artifacts and equipment in
situ, priority should be given to preservation or mu-
seum entities most closely associated with the sta-
tion, 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 prop-
erty 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 sta-
tion 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 ‘Adminis-
trator’ shall mean the Administrator of General
Services.
‘‘(2) HISTORIC
LIGHT
STATION.—The term
‘historic light station’ includes the light tower, light-
house, keepers dwelling, garages, storage sheds, oil
house, fog signal building, boat house, barn, pump-
house, tramhouse support structures, piers, walk-
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ways, underlying and appurtenant land and related
real property and improvements associated there-
with; provided that the ‘historic light station’ shall
be included in or eligible for inclusion in the Na-
tional Register of Historic Places.
‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ shall mean:
‘‘(A) any department or agency of the Fed-
eral Government; or
‘‘(B) any department or agency of the
State in which the historic light station is lo-
cated, 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,
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operated and maintained by the United States, ex-
ternal 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, lan-
tern, antenna, sound signal, camera, sensor, elec-
tronic 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 pur-
suant to section 308, the historic light station shall be of-
fered 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
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light station and ensure that any Federal aid to navigation
located at the historic light station is operated and main-
tained 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 Her-
itage 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 Op-
erating Expense appropriation for this purpose.’’.
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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.
Passed the House of Representatives September 26,
2000.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 833
106TH CONGRESS
2D SESSION
H. R. 4613
AN ACT
To amend the National Historic Preservation Act
for purposes of establishing a national historic
lighthouse preservation program.
SEPTEMBER 27 (legislative day, SEPTEMBER 22), 2000
Received; read twice and placed on the calendar