16 U.S.C. § 470w-7 : US Code - Section 470W-7: Historic lighthouse preservation

Search 16 U.S.C. § 470w-7 : US Code - Section 470W-7: 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 1 year after October 24, 2000, 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 (!1) (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) of this section 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
McKinney-Vento 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) of this
section 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) of this section and subsection (c)(2) of
this section 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 subchapter, 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 subchapter, 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 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 subchapter, 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.
(4) Light stations originally conveyed under other authority
Upon receiving notice of an executed or intended conveyance by
an owner who -
(A) received from the Federal Government under authority
other than this subchapter an historic light station in which
the United States retains a reversionary or other interest; and
(B) is conveying it to another person by sale, gift, or any
other manner,
the Secretary shall review the terms of the executed or proposed
conveyance to ensure that any new owner is capable of or is
complying with any and all conditions of the original conveyance.
The Secretary may require the parties to the conveyance and
relevant Federal agencies to provide such information as is
necessary to complete this review. If the Secretary determines
that the new owner has not or is unable to comply with those
conditions, the Secretary shall immediately advise the
Administrator, who shall invoke any reversionary interest or take
such other action as may be necessary to protect the interests of
the United States.
(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) of this section 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) of this section.
(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.