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LEGISLACION EN AMERICA
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LEGISLACION EN AMERICA
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ANEXO 1 | RECOPILACION DE NORMAS
INDICE
veyance 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 Autho-
rization Act of 1998 (Public Law 105-383).
(B) (i) Historic light stations locatedwithin the exterior boundaries of a unit of the National Park Systemor a ref-
ugewithin the NationalWildlife Refuge Systemshall 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 condi-
tions 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
(c) (1) 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 convey-
ance 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 naviga-
tion 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, ex-
change, 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) 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) 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, includ-
ing 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 reason-
able 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 Prop-
erties, 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 ap-
proval of the Secretary;
(E) the eligible entity to which the historic light station is conveyed, conducts any commercial activi-
ties 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.
16 U.S.C. 470w-7(d) — Description of Property
(d) (1)(1) 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 inter-
preting 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 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) All conditions placed with the quitclaim deed of title to the historic light station shall be construed as
covenants running with the land.
(4) No submerged lands shall be con-veyed under this section.
16 U.S.C. 470w-7(e) — Definitions
(e) For purposes of this section:
(1) The term “Administrator” shall mean the Administrator of General Services.
(2) The term “historic light station” includes the light tower, lighthouse, keepers dwelling, garages, stor-
age 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 associ-
ated therewith; provided that the `historic light station’ shall be included in or eligible for inclusion in
the National Register of Historic Places.
(3) 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 govern-
ment 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 © and to have such conditions re-
corded 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) 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,
