H. R. 4613
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
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 sta-
tions.
‘‘(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,
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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 convey-
ance of a historic light station under this section shall not
be subject to the provisions of the Stewart B. McKinney Home-
less 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 nec-
essary 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 con-
sistent 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 reserva-
tion 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 his-
toric 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 sta-
tion 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 oper-
ation 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;
H. R. 4613—3
‘‘(D) the eligible entity to which the historic light sta-
tion 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 sta-
tion is conveyed under this section shall make the historic
light station available for education, park, recreation, cul-
tural or historic preservation purposes for the general
public at reasonable times and under reasonable conditions;
‘‘(F) the eligible entity to which the historic light sta-
tion 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 convey-
ance, 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 sta-
tion is conveyed shall not conduct any commercial activities
at the historic light station, any part thereof, or in connec-
tion with any associated historic artifact conveyed to the
eligible entity in conjunction with the historic light station
conveyance, in any manner, unless such commercial activi-
ties 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
H. R. 4613—4
education, park, recreation, cultural, or historic preserva-
tion 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 sta-
tion 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 sta-
tion 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 Adminis-
trator 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 Com-
mandant, 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 pos-
sible, 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 associ-
ated 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 con-
veyed 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 sta-
tion’ includes the light tower, lighthouse, keepers dwelling,
garages, storage sheds, oil house, fog signal building, boat
house, barn, pumphouse, tramhouse support structures, piers,
H. R. 4613—5
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 Govern-
ment; 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, sub-
paragraphs (A) through (D) and (H) of subsection (c)(1), and sub-
section (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
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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 appro-
priation 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.