[House Report 106-890]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-890
======================================================================
NATIONAL HISTORIC LIGHTHOUSE PRESERVATION ACT OF 2000
_______
September 26, 2000.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 4613]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 4613) to amend the National Historic Preservation Act for
purposes of establishing a national historic lighthouse
preservation program, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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
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 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, 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;
``(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 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) 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, 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. 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
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.
Purpose of the Bill
The purpose of H.R. 4613 is to amend the National Historic
Preservation Act for purposes of establishing a national
historic lighthouse preservation program.
Background and Need for Legislation
H.R. 4613 amends the National Historic Preservation Act (16
U.S.C. 470w, 470w-6) to establish a national historic
lighthouse preservation program. The new program will provide a
process for the conveyance of excess historic lighthouses from
federal ownership to eligible entities who have agreed to the
terms and conditions of the conveyance. Such terms and
conditions include noninterference with federal aids to
navigation and that the conveyed light station be available at
reasonable times to the general public. Eligible entities can
include federal, state, or local agencies, along with nonprofit
corporations and community development organizations. After the
conveyance, the eligible entity agrees to maintain the historic
light station at its own cost. Furthermore, the eligible entity
agrees that the light station be used for public educational,
park, recreational, cultural and historic preservation
purposes. H.R. 4613 includes provisions for the sale of
historic light stations if no applications for the conveyance
are approved. In addition, the bill establishes a national
historic light station program to collect information on,
foster educational programs relating to, and maintain a listing
of historic light stations.
Committee Action
H.R. 4613 was introduced by Congressman Mark E. Souder (R-
IN) on June 8, 2000. The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
National Parks and Public Lands. On July 13, 2000, the
Subcommittee held a hearing on the bill. On September 13, 2000,
the Resources Committee met to consider H.R. 4613. The
Subcommittee on National Parks and Public Lands was discharged
from further consideration of the bill by unanimous consent. An
amendment was offered by Congressman Souder which made
technical changes to the bill. The amendment was adopted by
voice vote. No further amendments were offered and the bill, as
amended, was ordered favorably reported to the House of
Representatives by voice vote.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, credit
authority, or an increase or decrease in tax expenditures.
According to the Congressional Budget Office, enactment of this
bill could affect direct spending by allowing the federal
government to sell certain federally-controlled lighthouses and
then spend the proceeds without further appropriation. However,
the Congressional Budget Office concludes that ``any such
changes in direct spending would not be significant''.
3. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 18, 2000.
Hon. Don Young,
Chairman,
U.S. House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4613, the National
Historic Lighthouse Preservation Act of 2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are John R.
Righter (for federal costs), and Marjorie Miller (for the state
and local impact).
Sincerely,
Barry B. Anderson,
(For Dan L. Crippen, Director).
Enclosure.
H.R. 4613--National Historic Lighthouse Preservation Act of 2000
Subject to future appropriation actions, implementing H.R.
4613 could reduce the costs to the United States Coast Guard
(USCG) of operating and maintaining historic lighthouses by a
few million dollars annually. Because the bill could affect
direct spending (including offsetting receipts), pay-as-you-go
procedures would apply. CBO estimates, however, that any such
changes in direct spending would not be significant. H.R. 4613
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act. State and local
governments might incur some costs as a result of the bill's
enactment, but such costs would be voluntary.
H.R. 4613 would amend the National Historic Preservation
Act to establish a preservation program for historic
lighthouses. The General Services Administration (GSA) and the
Department of the Interior would be responsible for
administering the program, which would collect and disseminate
information on historic lighthouses and convey, at no cost,
historic lighthouses that are no longer needed. Federal, state,
and local agencies, as well as nonprofit organizations, would
be eligible to receive the lighthouses reported as excess
property, provided that they agree to operate and maintain
them, as well as make them accessible to the public for
educational, recreational, cultural, or historic preservation
purposes, and to the federal government for use in aiding
navigation.
Subject to certain conditions, the bill would direct GSA to
sell any lighthouse for which a qualified applicant has not
been found. Net proceeds from the sale would be made available
either to the National Maritime Heritage Grant Program or to
the USCG, and could be spent without further appropriation.
Because we think it is unlikely the government would sell a
lighthouse under H.R. 4613 (according to GSA and the USCG, the
government has sold only one in the last 10 years), as opposed
to transferring it at no cost, CBO estimates that enacting the
bill would not have any significant impact on direct spending.
According to the USCG, it controls about 350 lighthouses.
The cost of operating and maintaining these facilities varies
widely, but totals less than $10 million a year. Under H.R.
4613, the USCG could still use conveyed lighthouses to aid in
the navigation of waters, but would no longer be responsible
for maintaining and operating them. Thus, if the legislation
increases the conveyance of lighthouses to nonfederal entities,
the bill should yield savings to the USCG. Any potential
savings, however, would depend on which lighthouses were
conveyed and on future appropriation actions.
On June 22, 2000, CBO transmitted a cost estimate for S.
2343, the National Historic Lighthouse Preservation Act of
2000, as ordered reported by the Senate Committee on Energy and
Natural Resources on June 7, 2000. These two bills are very
similar and their estimated costs are the same.
The CBO staff contacts are John R. Righter (for federal
costs), and Marjorie Miller (for the state and local impact).
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local, or Tribal Law
This bill is not intended to preempt State, local, or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
NATIONAL HISTORIC PRESERVATION ACT
* * * * * * *
TITLE III
* * * * * * *
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) 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 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, 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;
(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 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) 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, 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. 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, 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 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.