
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC470w-7]

 
                         TITLE 16--CONSERVATION
 
     CHAPTER 1A--HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES
 
              SUBCHAPTER II--NATIONAL HISTORIC PRESERVATION
 
                    Part C--General and Miscellaneous
 
Sec. 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 (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.

(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.

(Pub. L. 89-665, title III, Sec. 308, as added Pub. L. 106-355, Sec. 2, 
Oct. 24, 2000, 114 Stat. 1385; amended Pub. L. 106-400, Sec. 2, Oct. 30, 
2000, 114 Stat. 1675.)

                       References in Text

    The Federal Property Administrative Services Act of 1949, referred 
to in subsec. (b)(2), probably means the Federal Property and 
Administrative Services Act of 1949, which is act June 30, 1949, ch. 
288, 63 Stat. 377, as amended. The excess property provisions of that 
Act are classified to chapter 10 (Sec. 471 et seq.) of Title 40, Public 
Buildings, Property, and Works. For complete classification of this Act 
to the Code, see Short Title note set out under section 471 of Title 40 
and Tables.
    The McKinney-Vento Homeless Assistance Act, referred to in subsec. 
(b)(3)(A), is Pub. L. 100-77, July 22, 1987, 101 Stat. 482, as amended, 
which is classified principally to chapter 119 (Sec. 11301 et seq.) of 
Title 42, The Public Health and Welfare. For complete classification of 
this Act to the Code, see Short Title note set out under section 11301 
of Title 42 and Tables.
    Section 416(d) of the Coast Guard Authorization Act of 1998, 
referred to in subsec. (b)(3)(A), is section 416(d) of Pub. L. 105-383, 
which is set out as a note under section 93 of Title 14, Coast Guard.


                               Amendments

    2000--Subsec. (b)(3)(A). Pub. L. 106-400 substituted ``McKinney-
Vento Homeless Assistance Act'' for ``Stewart B. McKinney Homeless 
Assistance Act''.

                  Section Referred to in Other Sections

    This section is referred to in section 470w-8 of this title.
