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Calendar No. 756
106th CONGRESS
2d Session
S. 2343
[Report No. 106-380]
To amend the National Historic Preservation Act for purposes of
establishing a national historic lighthouse preservation program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 4, 2000
Mr. Murkowski (for himself and Mr. Levin) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
August 25, 2000
Reported under authority of the order of the Senate of July 26, 2000,
by Mr. Murkowski with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
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:
<DELETED>``Sec. 308. Historic lighthouse preservation</DELETED>
``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
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) The Secretary shall review all <DELETED>applicants
</DELETED>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, as amended, 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 Secretary shall
consult with the State Historic Preservation Officer of the
state in which the historic light station is located.
``(3)(A) Except as provided in paragraph (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 42 U.S.C. 11301 et seq. or Section 416(d) of
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 necessary 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 subparagraph (c)(1)(A)-
(D), (c)(1)(H), 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 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, including the reservation 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
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 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 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 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 National
Historic Preservation Act of 1966, 16 U.S.C. 470--470x-
7, 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 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;
``(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 historic
artifact conveyed to the eligible entity 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 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 station,
any part thereof, or in connection with any associated
historic artifact conveyed to the eligible entity in
conjunction with the historic 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 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) 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 for any private aids to
navigation permitted under 14 U.S.C. 83 to the eligible entity.
``(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, 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 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 the National Historic
Preservation Act, 16 U.S.C. 470--470x-7, 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 station, 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 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
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) The Administrator shall prepare the legal description
of any historic light station conveyed under this section. The
Administrator, in consultation with the Commandant, U.S. 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 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
associated with the station, if they meet loan requirements.
``(2) 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, U.S. Coast Guard.
``(3) All conditions placed with the quitclaim deed of
title to the historic light station shall be construed as
covenants running with the land.
``(4) No submerged lands shall be conveyed under this
section.
``(e) 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, 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.
``(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; and
(ii) is financially able to maintain the
historic light station in accordance with the
conditions set forth in subsection (c).
``(3) 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.
``(4) Secretary.--The term `Secretary' means the Secretary
of the Interior.''.
SEC. 3. SALE OF HISTORIC LIGHT STATIONS.
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