[106th Congress Public Law 355]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ355.106]
[[Page 114 STAT. 1385]]
Public Law 106-355
106th Congress
An Act
To amend the National Historic Preservation Act for purposes of
establishing a national historic lighthouse preservation
program. <<NOTE: Oct. 24, 2000 - [H.R. 4613]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: National
Historic Lighthouse Preservation Act of 2000.>>
SECTION 1. SHORT TITLE. <<NOTE: 16 USC 470 note.>>
This Act may be cited as the ``National Historic Lighthouse
Preservation Act of 2000''.
SEC. 2. PRESERVATION OF HISTORIC LIGHT STATIONS. <<NOTE: 16 USC 470w-
7.>>
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) <<NOTE: Deadline.>> 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,
[[Page 114 STAT. 1386]]
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
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 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 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
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 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;
[[Page 114 STAT. 1387]]
``(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 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) 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
[[Page 114 STAT. 1388]]
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 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) <<NOTE: Notification.>> 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 prepare 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 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.--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 `Administrator' shall mean
the Administrator of General Services.
``(2) 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,
[[Page 114 STAT. 1389]]
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
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).
``(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. <<NOTE: 16 USC 470w-8.>> 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, subparagraphs (A)
through (D) and (H) of subsection (c)(1), and subsection (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
[[Page 114 STAT. 1390]]
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
appropriation 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.
Approved October 24, 2000.
LEGISLATIVE HISTORY--H.R. 4613 (S. 2343):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 106-890 (Comm. on Resources).
SENATE REPORTS: No. 106-380 accompanying S. 2343 (Comm. on Energy and
Natural Resources).
CONGRESSIONAL RECORD, Vol. 146 (2000):
Sept. 26, considered and passed House.
Oct. 5, considered and passed Senate.
<all>