PRIA, Government Policy, Made Personal

Summary

When a historic light station is transferred from the United States, the Administrator must attach rules to protect Federal aids to navigation and the public interest. The rules keep existing Federal navigation aids as U.S. property and let the United States operate, maintain, remove, replace, or install those aids. The new owner must not interfere with any aid without written permission from the agency that runs it. The owner must pay to keep the station up and follow the Secretary of the Interior’s Standards in part 68 of title 36, Code of Federal Regulations. Any changes must be approved by the Secretary in consultation with the State Historic Preservation Officer for consistency with 36 CFR 800.5(a)(2)(vii) and 36 CFR 67.7. The site must be open to the public for education, park, recreation, cultural, or historic preservation uses at reasonable times. The owner may not sell, transfer, encumber, or let commercial uses of the station or related artifacts (including any lens or lantern) without the Secretary’s approval. The United States may enter the site without notice when needed to operate, maintain, inspect navigation aids, or to ensure compliance if advance notice is not possible. The owner is not required to maintain Federal aids to navigation, except for any private aid allowed under section 83 of title 14. The transfer must also allow the Administrator to take the property back for the United States if the site or its artifacts stop being available for the public uses listed in the owner’s application; stop being maintained for current or future use as a navigation aid site; stop meeting required standards and laws; are sold or encumbered without Secretary approval; are used commercially without Secretary approval; or when the Administrator gives at least 30 days’ written notice that the site is needed for national security. If a light station that was originally given out under other authority is being transferred again, the Secretary will review the new transfer to make sure the new owner can meet the original conditions, may request needed information, and will notify the Administrator if reversion or other action is needed.

Title 54, §305104

National Park Service and Related Programs, Source: USLM XML via OLRC

(a)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, that the Administrator considers necessary to ensure that—

(1)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;

(2)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;

(3)the eligible entity to which the historic light station is conveyed shall not interfere or allow interference in any manner with any Federal aid to navigation or 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;

(4)(A)the eligible entity to which the historic light station is conveyed shall, at its own cost and expense, use and maintain the historic light station in accordance with this division, the Secretary of the Interior’s Standards for the Treatment of Historic Properties contained in part 68 of title 36, Code of Federal Regulations, and other applicable laws; and

(B)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 section 800.5(a)(2)(vii) of title 36, Code of Federal Regulations and the Secretary’s Standards for Rehabilitation contained in section 67.7 of title 36, Code of Federal Regulations;

(5)the eligible entity to which the historic light station is conveyed 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;

(6)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 of the historic light station, or any associated historic artifact conveyed to the eligible entity in conjunction with the historic light station conveyance, including any lens or lantern, unless the sale, conveyance, assignment, exchange, or encumbrance is approved by the Secretary;

(7)the eligible entity to which the historic light station is conveyed shall not conduct any commercial activity at the historic light station, at any part of the historic light station, 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 the commercial activity is approved by the Secretary; and

(8)the United States shall have the right, at any time, to enter the historic light station without notice, for purposes of operating, maintaining, and inspecting any aid to navigation and for the purpose of ensuring compliance with this section, to the extent that it is not possible to provide advance notice.

(b)Maintenance of Aid to Navigation.—

Any eligible entity to which a historic light station is conveyed shall not be required to maintain any Federal aid to navigation associated with a historic light station, except any private aid to navigation permitted to the eligible entity under section 83 of title 14.

(c)Reversion.—

In addition to any term or condition established pursuant to this section, 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 any lens or lantern, at the option of the Administrator, shall revert to the United States and be placed under the administrative control of the Administrator, if—

(1)the historic light station, any part of the historic light station, 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 that shall be set forth in the eligible entity’s application;

(2)the historic light station or any part of the historic light station ceases to be maintained in a manner that ensures its present or future use as a site for a Federal aid to navigation;

(3)the historic light station, any part of the historic light station, or any associated historic artifact ceases to be maintained in compliance with this division, the Secretary of the Interior’s Standards for the Treatment of Historic Properties contained in part 68 of title 36, Code of Federal Regulations, and other applicable laws;

(4)the eligible entity to which the historic light station is conveyed sells, conveys, assigns, exchanges, or encumbers the historic light station, any part of the historic light fixture, or any associated historic artifact, without approval of the Secretary;

(5)the eligible entity to which the historic light station is conveyed conducts any commercial activity at the historic light station, at any part of the historic light station, or in conjunction with any associated historic artifact, without approval of the Secretary; or

(6)at least 30 days before the reversion, the Administrator provides written notice to the owner that the historic light station or any part of the historic light station is needed for national security purposes.

(d)Light Stations Originally Conveyed Under Other Authority.—

On receiving notice of an executed or intended conveyance by an owner that received from the Federal Government under authority other than this division a historic light station in which the United States retains a reversionary or other interest and that 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 information as is necessary to complete the review. If the Secretary determines that the new owner has not complied or is unable to comply with those conditions, the Secretary shall immediately advise the Administrator, who shall invoke any reversionary interest or take other action as may be necessary to protect the interests of the United States.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 30510416 U.S.C. 470w–7(c)(1) through (3).Pub. L. 89–665, title III, § 308(c)(1) through (3), as added Pub. L. 106–355, § 2, Oct. 24, 2000, 114 Stat. 1386. 16 U.S.C. 470w–7(c)(4).Pub. L. 89–665, title III, § 308(c)(4), as added Pub. L. 108–293, title VI, § 627, Aug. 9, 2004, 118 Stat. 1066.

Editorial Notes

References in Text

Section 83 of title 14, referred to in subsec. (b), was redesignated section 542 of title 14 by Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200, and references to section 83 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Redesignated Sections of Title 14 note preceding section 101 of Title 14, Coast Guard.

§305104 Terms of Conveyance