Home > 105th Congressional Bills > S. 1403 (is) To amend the National Historic Preservation Act for purposes of establishing a national historic lighthouse preservation program. ...S. 1403 (is) To amend the National Historic Preservation Act for purposes of establishing a national historic lighthouse preservation program. ...
105th CONGRESS
2d Session
S. 1403
_______________________________________________________________________
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 1998''.
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
stations.
``(b) Conveyance of Historic Light Stations.--
``(1) Within one year of the date of enactment of this
section, the Secretary and the Administrator of General
Services (hereinafter Administrator) shall establish a process
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.
``(2) The Secretary shall review all applicants for the
conveyance of a historic light station, when the historic light
station has been identified as excess to the needs of the
agency with administrative jurisdiction over the historic light
station, and forward to the Administrator a single approved
application for the conveyance of the historic light station.
When selecting an eligible entity, the Secretary may consult
with the State Historic Preservation Officer of the state in
which the historic light station is located. A priority of
consideration shall be afforded public entities that submit
applications in which the public entity enters into a
partnership with a nonprofit organization whose primary mission
is historic light station preservation.
``(3)(A) Except as provided in paragraph (B), the
Administrator shall convey, by quit claim 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). The conveyance of a
historic light station under this section shall not be subject
to the provisions of 42 U.S.C. 11301 et seq.
``(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 or sale of
a historic light station referenced in this paragraph, such
conveyance or sale shall be subject to the conditions 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 refuge.
``(iii) For those historic light stations referenced in
this paragraph, the Secretary is encouraged to enter
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 administer the park unit or wildlife refuge, as
appropriate.
``(c) Terms of Conveyance.--
``(1) The conveyance of a historic light station shall be
made subject to any conditions the Administrator considers
necessary to ensure that--
``(A) the lights, antennas, sound signal,
electronic navigation equipment, and associated light
station equipment located at the historic light
station, which are active aids to navigation, shall
continue to be operated and maintained by the United
States for as long as needed for this purpose;
``(B) the eligible entity to which the historic
light station is conveyed under this section shall not
interfere or allow interference in any manner with aids
to navigation without the express written permission of
the head of the agency responsible for maintaining the
aids to navigation;
``(C) there is reserved to the United States the
right to relocate, replace, or add any aid to
navigation located at the historic light station as may
be necessary for navigation purposes;
``(D) the eligible entity to which the historic
light station is conveyed under this section shall
maintain the historic light station in accordance with
the National Historic Preservation Act of 1966, 16
U.S.C. 470-470x, the Secretary of the Interior's
Standards for the Treatment of Historic Properties, and
other applicable laws;
``(E) the eligible entity to which the historic
light station is conveyed under this section shall make
the historic light station available for education,
park, recreation, cultural or historic preservation
purposes for the general public at reasonable times and
under reasonable conditions; and
``(F) the United States shall have the right, at
any time, to enter the historic light station without
notice for purposes of maintaining and inspecting aids
to navigation and ensuring compliance with paragraph
(C), to the extent that it is not possible to provide
advance notice.
``(2) The Secretary, the Administrator, and any eligible
entity to which a historic light station is conveyed under this
section, shall not be required to maintain any active aids to
navigation associated with a historic light station.
``(3) 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 in its existing condition, at the option of the
Administrator, revert to the United States if--
``(A) the historic light station or any part of the
historic light station 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 of the
historic light station ceases to be maintained in a
manner that ensures its present or future use as an aid
to navigation or compliance with the National Historic
Preservation Act, 16 U.S.C. 470-470x, the Secretary of
the Interior's Standards for the Treatment of Historic
Properties, and other applicable laws; or
``(C) at least 30 days before the reversion, the
Administrator provides written notice to the owner that
the historic light station is needed for national
security purposes.
``(d) Description of Property.--The Administrator shall prepare the
legal description of any historic light station conveyed under this
section. The Administrator 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. All conditions
placed with the deed of title to the historic light station shall be
construed as covenants running with the land. No submerged lands shall
be conveyed to nonfederal entities.
``(e) Responsibilities of Conveyees.--Each eligible entity to which
a historic light station is conveyed under this section shall use and
maintain the historic light station in accordance with this section,
and have such conditions recorded with the deed of title to the
historic light station.
``(f) Definitions.--For purposes of this section:
``(1) Historic light station.--The term `historic 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, and related real property and
improvements associated therewith; provided that the light
tower or lighthouse shall be included in or eligible for
inclusion in the National Register of Historic Places.
``(2) Eligible entity.--The term `eligible entity' shall
mean--
``(A) any department or agency of the Federal
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 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;
``(ii) is financially able to maintain the
historic light station in accordance with the
conditions set forth in subsection (c); and
``(iii) can indemnify the Federal
government to cover any loss in connection with
the historic light station, or any expenses
incurred due to reversion.''.
SEC. 3. SALE OF SURPLUS 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. 309. Historic light station sales
``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. Conveyance
documents shall include all necessary covenants to protect the
historical integrity of the historic light station and ensure that any
active aids to navigation located at the historic light station are
operated and maintained by the United States for as long as needed for
that purpose. Net sale proceeds shall be transferred to the National
Maritime Heritage Grant Program, established by the National Maritime
Heritage Act of 1994, Pub. L. 103-451, within the Department of the
Interior.''.
SEC. 4. TRANSFER OF HISTORIC LIGHT STATIONS TO FEDERAL AGENCIES.
Title III of the National Historic Preservation Act of 1966, 16
U.S.C. 470-470x, is amended by adding at the end the following new
section:
``Sec. 310. Transfer of historic light stations to Federal agencies
``After the date of enactment of this section, any department or
agency of the Federal government, to which a historic light station is
conveyed, shall maintain the historic light station in accordance with
the National Historic Preservation Act of 1966, 16 U.S.C. 470-470x, the
Secretary of the Interior's Standards for the Treatment of Historic
Properties, and other applicable laws.''.
SEC. 5. 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 Senate July 17, 1998.
Attest:
Secretary.
105th CONGRESS
2d Session
S. 1403
_______________________________________________________________________
AN ACT
To amend the National Historic Preservation Act for purposes of
establishing a national historic lighthouse preservation program.
Pages: 1 Other Popular 105th Congressional Bills Documents:
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