IB
Union Calendar No. 538
106TH CONGRESS
2D SESSION
H. R. 4613
[Report No. 106–890]
To amend the National Historic Preservation Act for purposes of establishing
a national historic lighthouse preservation program.
IN THE HOUSE OF REPRESENTATIVES
JUNE 8, 2000
Mr. SOUDER (for himself, Mr. STUPAK, Mr. FORBES, Mr. ROMERO-BARCELO´,
Mr. ENGLISH, Mr. METCALF, Mr. HOLDEN, Mr. LOBIONDO, Mr. SHAYS,
Mr. GILLMOR, and Ms. KAPTUR) introduced the following bill; which was
referred to the Committee on Committee on Resources
SEPTEMBER 26, 2000
Additional sponsors: Mr. KILDEE and Mr. JONES of North Carolina
SEPTEMBER 26, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on June 8, 2000]
A BILL
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Historic Light-
house 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 his-
toric light station program, the Secretary shall—
‘‘(1) collect and disseminate information con-
cerning historic light stations, including historic
lighthouses and associated structures;
‘‘(2) foster educational programs relating to the
history, practice, and contribution to society of his-
toric 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 estab-
lished by this section regarding the conveyance of his-
toric light stations.
‘‘(b) CONVEYANCE OF HISTORIC LIGHT STATIONS.—
‘‘(1) PROCESS AND POLICY.—Not later than one
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 his-
toric light station, when the agency with administra-
tive jurisdiction over the historic light station has de-
termined the property to be ‘excess property’ as that
term is defined in the Federal Property Administra-
tive Services Act of 1949 (40 U.S.C. 472(e)), and for-
ward to the Administrator a single approved applica-
tion for the conveyance of the historic light station.
When selecting an eligible entity, 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
STA-
TIONS.—(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 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 paragraph,
such conveyance shall be subject to the conditions set
forth in subsection (c) and any other terms or condi-
tions the Secretary considers necessary to protect the
resources of the park unit or wildlife refuge.
‘‘(iii) If the Secretary approves the sale of a his-
toric light station referenced in this paragraph, such
sale shall be subject to the conditions set forth in sub-
paragraphs (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 el-
igible 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 Adminis-
trator 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 Fed-
eral aid to navigation located at the historic
light station as may be necessary for naviga-
tional purposes;
‘‘(C) the eligible entity to which the historic
light station is conveyed under this section shall
not interfere or allow interference in any man-
ner 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 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 pro-
posed 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 edu-
cation, park, recreation, cultural or historic
preservation purposes for the general public at
reasonable times and under reasonable condi-
tions;
‘‘(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 his-
toric artifact conveyed to the eligible entity in
conjunction with the historic light station con-
veyance, including but not limited to any lens or
lanterns, unless such sale, conveyance, assign-
ment, 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 sta-
tion, any part thereof, or in connection with any
associated historic artifact conveyed to the eligi-
ble entity in conjunction with the historic light
station conveyance, in any manner, unless such
commercial activities are approved by the Sec-
retary; 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 inspect-
ing any aid to navigation and for the purpose
of ensuring compliance with this subsection, to
the extent that it is not possible to provide ad-
vance 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-
terns, at the option of the Administrator, shall revert
to the United States and be placed under the admin-
istrative 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, 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 sta-
tion, 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 commer-
cial activities at the historic light station, any
part thereof, or in conjunction with any associ-
ated 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 pre-
pare 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 lo-
cated 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 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 conveyed under this section.
‘‘(e) DEFINITIONS.—For purposes of this section:
‘‘(1) 
ADMINISTRATOR.—The 
term 
‘Adminis-
trator’ shall mean the Administrator of General Serv-
ices.
‘‘(2) HISTORIC LIGHT STATION.—The term ‘his-
toric 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, walkways, under-
lying and appurtenant land and related real property
and improvements associated therewith; provided that
the ‘historic light station’ shall be included in or eli-
gible for inclusion in the National Register of His-
toric Places.
‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible enti-
ty’ 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 located, the
local government of the community in which the
historic light station is located, nonprofit cor-
poration, educational agency, or community de-
velopment organization that—
‘‘(i) has agreed to comply with the con-
ditions 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, op-
erated 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 in-
clude, but not be limited to, a light, lens, lantern, an-
tenna, sound signal, camera, sensor, electronic navi-
gation 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 ap-
proved for the conveyance of a historic light station pursu-
ant to section 308, the historic light station shall be offered
for sale. Terms of such sales shall be developed by the Ad-
ministrator of General Services and consistent with the re-
quirements of section 308, subparagraphs (A) through (D)
and (H) of subsection (c)(1), and subsection (c)(2). Convey-
ance documents shall include all necessary covenants to pro-
tect 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—