I
104TH CONGRESS
1ST SESSION
H. R. 2611
To authorize conveyance of land on which is situated the United States
Coast Guard Whitefish Point Light Station.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 9, 1995
Mr. STUPAK introduced the following bill; which was referred to the Commit-
tee on Transportation and Infrastructure, and in addition to the Commit-
tee on Resources, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To authorize conveyance of land on which is situated the
United States Coast Guard Whitefish Point Light Station.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AUTHORITY TO CONVEY WHITEFISH POINT
LIGHT STATION LAND.
(a) AUTHORITY TO CONVEY.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary of the Department in which
the Coast Guard is operating (in this section re-
ferred to as the ‘‘Secretary’’) may convey, by an ap-
propriate means of conveyance, all right, title, and
interest of the United States in and to each of 3
parcels comprising the land on which the United
States Coast Guard Whitefish Point Light Station is
situated (in this section referred to as the ‘‘Prop-
erty’’), as follows:
(A) To the Great Lakes Shipwreck Histori-
cal Society (in this section referred to as a ‘‘re-
cipient’’), located in Sault Ste. Marie, Michigan,
a parcel of land described as follows:
A parcel of land located in Fractional
Section 32, Town 51 North, Range 5
West, 
Whitefish 
Township, 
Chippewa
County, Michigan, more particularly de-
scribed as commencing at the Southwest
corner 
of 
said 
Section 
32; 
thence
N89°51′00″E along the South line of said
Section 32 a distance of 2,054.59 feet to
a D.N.R. brass capped monument at the
Meander Corner between said Section 32
and Section 5, Town 50 North, Range 5
West; thence N09°05′48″W a distance of
786.48 feet to a 1⁄2″ iron pin w/P.S. cap in
the centerline of Whitefish Road, said
point is the point of beginning: thence con-
strictions contained in prior conveyances of
record.
(B) To the United States Fish and Wild-
life Service (in this section referred to as a ‘‘re-
cipient’’), a parcel of land described as follows
but excluding the parcel described in subpara-
graph (C):
A parcel of land located in Fractional
Section 32, Town 51 North, Range 5
West, 
Whitefish 
Township, 
Chippewa
County, Michigan, more particularly de-
scribed as commencing at the Southwest
corner 
of 
said 
Section 
32; 
thence
N89°51′00″E along the South line of said
Section 32 a distance of 2,054.59 feet to
a D.N.R. aluminum capped monument at
the Meander Corner between said Section
32 and Section 5, Town 50 North, Range
5 West; said Meander Corner is the point
of beginning: thence S41°00′00″E along
the line dividing the accreted land between
said Sections 32 and 5, a distance of
184.80 feet to a D.N.R. aluminum capped
monument, later referred to in this de-
scription as ‘‘Point B’’; thence continuing
S41°00′00″E a distance of 381 feet, more
or less, to the water’s edge of Lake Supe-
rior; thence Northeasterly and Northwest-
erly along said water’s edge a distance of
2590 
feet, 
more 
or 
less; 
thence
S68°16′41″W a distance of 171 feet, more
or less, to a 1⁄2″ iron pin which bears
N67°30′00″E a distance of 1150.00 feet
and N39°05′42″W a distance of 1085.76
feet from aforementioned ‘‘Point B’’;
thence continuing S68°16′41″W a distance
of 384.74 feet to a 1⁄2″ iron pin; thence
S49°51′18″W a distance of 347.89 feet to
a 1⁄2″ iron pin; thence S09°05′48″E a dis-
tance of 786.48 feet to the point of begin-
ning. Containing 37.765 acres, more or
less (including all land to the water’s edge
of Lake Superior). Subject to all ease-
ments, conditions reservations, exceptions
and restrictions contained in prior convey-
ances of record.
(C) To the Michigan Audubon Society (in
this section referred to as a ‘‘recipient’’), a par-
cel of land described as follows:
A parcel of land located in Fractional
Section 32, Town 51 North, Range 5
West, 
Whitefish 
Township, 
Chippewa
County, Michigan, more particularly de-
scribed as commencing at the Southwest
Corner 
of 
said 
Section 
32; 
thence
N89°51′00″E along the South line of said
Section 32 a distance of 2,054.59 feet to
a D.N.R. aluminum capped monument at
the Meander Corner between said Section
32 and Section 5, Town 50 North, Range
5 West; thence N09°05′48″W, 786.48 feet,
thence N49°51′18″E, 265.01 feet to the
point of beginning: thence continuing
N49°51′18″E, 
82.88 
feet; 
thence
N68°16′41″E, 
170.00 
feet; 
thence
S28°13′19″E, 
460.00 
feet; 
thence
S61°46′41″W, 
250.00 
feet; 
thence
N28°13′19″W, 462.12 to the point of be-
ginning.
Containing 2.7 acres, more or less. Subject to
all easements, conditions, reservations, excep-
tions, and restrictions contained in prior con-
veyances of record.
(2) LIMITATION.—Notwithstanding paragraph
(1), the Secretary shall retain for the United States
all right, title, and interest in—
(A) any historical artifact, including any
lens or lantern, and
(B) the light, antennas, sound signal, tow-
ers, associated lighthouse equipment, and any
electronic navigation equipment, which are ac-
tive aids to navigation,
which is located on the Property, or which relates to
the Property.
(3) IDENTIFICATION OF THE PROPERTY.—The
Secretary may identify, describe, and determine the
parcels to be conveyed pursuant to this section.
(b) TERMS AND CONDITIONS.—
(1) IN GENERAL.—Any conveyance pursuant to
subsection (a) shall be made—
(A) without payment of consideration; and
(B) subject to such terms and conditions
as the Secretary considers appropriate.
(2) MAINTENANCE
OF
NAVIGATION
FUNC-
TIONS.—The Secretary shall ensure that any convey-
ance pursuant to this section is subject to such con-
ditions as the Secretary considers to be necessary to
assure that—
(A) the light, antennas, sound signal, tow-
ers, and associated lighthouse equipment, and
any electronic navigation equipment, which are
located on the Property and which are active
aids to navigation shall continue to be operated
and maintained by the United States for as
long as they are needed for this purpose;
(B) the recipients may not interfere or
allow interference in any manner with such aids
to navigation without express written permis-
sion from the United States;
(C) there is reserved to the United States
the right to relocate, replace, or add any aids
to navigation, or make any changes on any por-
tion of the Property as may be necessary for
navigation purposes;
(D) the United States shall have the right,
at any time, to enter the Property without no-
tice for the purpose of maintaining aids to navi-
gation;
(E) the United States shall have—
(i) an easement of access to the Prop-
erty for the purpose of maintaining the
aids to navigation and associated equip-
ment in use on the Property,
(ii) an easement for an arc of visi-
bility,
(iii) a 500-foot nuisance easement
around the Fog Signal Tower, and
(iv) an easement for an underground
cable running from the Fog Signal Tower
to the Light; and
(F) the United States shall not be respon-
sible for the cost and expense of maintenance,
repair, and upkeep of the Property.
(3) MAINTENANCE
OBLIGATION.—The recipi-
ents shall not have any obligation to maintain any
active aid to navigation equipment on any parcel
conveyed pursuant to this section.
(c) PROPERTY TO BE MAINTAINED IN ACCORDANCE
WITH CERTAIN LAWS.—Each recipient shall maintain the
parcel conveyed to the recipient pursuant to subsection (a)
in accordance with the provisions of the National Historic
Preservation Act (16 U.S.C. 470 et seq.), and other appli-
cable laws.
(d) MAINTENANCE STANDARD.—Each recipient shall
maintain the parcel conveyed to the recipient pursuant to
subsection (a), at its own cost and expense, in a proper,
substantial, and workmanlike manner, including the ease-
ments of access, the easement for an arc of visibility, the
nuisance easement, and the underground easement.
(e) COOPERATIVE USE AGREEMENT.—The Secretary
shall require, as a condition of each conveyance of prop-
erty under this section, that all of the recipients have en-
tered into the same cooperative agreement governing the
shared use and occupancy of the existing Whitefish Point
Light Station facilities. The cooperative agreement shall
include—
(1) terms governing building occupancy and ac-
cess of recipient staff and public visitors to public
restrooms, the auditorium, and the parking lot; and
(2) terms requiring that each recipient shall be
responsible for paying a pro rata share of the costs
of operating and maintaining the existing Whitefish
Point Light Station facilities, that is based on the
level of use and occupancy of the facilities by the re-
cipient.
(f) LIMITATIONS ON DEVELOPMENT AND IMPAIRING
USES.—It shall be a term of each conveyance under this
section that—
(1) no development of new facilities or expan-
sion of existing facilities or infrastructure on prop-
erty conveyed under this section may occur, except
for purposes of implementing the Whitefish Point
Comprehensive Plan of October 1992 and for a gift
shop, unless—
(A) each of the recipients consents to the
development or expansion in writing;
(B) there has been a reasonable oppor-
tunity for public comment on the development
or expansion, and full consideration has been
given to such public comment as is provided;
and
(C) the development or expansion is con-
sistent with preservation of the Property in its
predominantly natural, scenic, historic, and for-
ested condition; and
(2) any use of the Property or any structure lo-
cated on the property which may impair or interfere
with the conservation values of the Property is ex-
pressly prohibited.
(g) REVISIONARY INTEREST.—
(1) IN GENERAL.—All right, title, and interests
in and to property and interests conveyed under this
section shall revert to the United States and there-
after be administered by the Secretary of Interior
acting through the Director of the United States
Fish and Wildlife Service, if—
(A) in the case of such property and inter-
ests conveyed to the Great Lakes Shipwreck
Historical Society, the property or interests
cease to be used for the purpose of historical in-
terpretation;
(B) in the case of such property and inter-
ests conveyed to the Michigan Audubon Society,
the property or interests cease to be used for
the purpose of environmental protection, re-
search, and interpretation; or
(C) in the case any property and interests
conveyed to a recipient referred to in subpara-
graph (A) or (B)—
(i) there is any violation of any term
or condition of the conveyance to that re-
cipient; or
(ii) the recipient has ceased to exist.
(2) AUTHORITY
TO
ENFORCE
REVERSIONARY
INTEREST.—The Secretary of the Interior, acting
through the Director of the United States Fish and
Wildlife Service, shall have the authority—
(A) to determine for the United States
Government whether any act or omission of a
recipient results in a reversion of property and
interests under paragraph (1); and
(B) to initiate a civil action to enforce that
reversion, after notifying the recipient of the in-
tent of the Secretary to initiate that action.
Æ