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54 U.S.C. § 305103 — Selection of eligible entity and conveyance of historic light stations

submitted 12 years ago by Pub. L. 113-287 to r/title-54-NATIONAL-PARK-SERVICE-AND-RELATED-PROGRAMS · 507 words · no verdicts yet

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The Secretary and Administrator select an eligible entity for a historic light station and, generally, the Administrator conveys it to that entity by quitclaim deed without payment. In specified circumstances, including for a station in a System unit or wildlife refuge, the station may instead be sold, and the Secretary’s approval is required for a conveyance or sale in those locations.

(a) Process and Policies. The Secretary and the Administrator must keep a process for finding and choosing an eligible entity to receive a historic light station. The entity can use it for education, park, recreation, cultural, or historic preservation purposes. The Secretary and Administrator also watch how the entity uses it afterward.

(b) Application Review. (1) In general. The Secretary reviews all applications to receive a light station, but only after the agency that controls it has declared it "excess property" under section 102 of title 40. The Secretary then sends the Administrator one approved application. (2) Consultation. Before choosing an entity, the Secretary must consult the State Historic Preservation Officer of the state where the light station sits.

(c) Conveyance or Sale of Historic Light Stations. (1) Conveyance by administrator. Once the Secretary picks an entity, the Administrator gives the United States' full ownership of the light station to that entity by quitclaim deed, for free, subject to the conditions in section 305104. Except for the case in paragraph (2) below, this transfer is not covered by the McKinney-Vento Homeless Assistance Act or by section 416(d) of the Coast Guard Authorization Act of 1998.

(2) Historic light station in a park unit or wildlife refuge. (A) Approval required. If a light station sits inside a National Park System unit or a National Wildlife Refuge, it can only be given away or sold with the Secretary's approval. (B) Conditions of conveyance. If the Secretary approves giving it away, the transfer must follow the conditions in section 305104, plus any other conditions the Secretary thinks are needed to protect the park or refuge. (C) Conditions of sale. If the Secretary approves selling it, the sale must follow certain listed conditions from section 305104 — paragraphs (1) through (4) and (8) of subsection (a), and all of subsection (b) — plus any other terms the Secretary thinks are needed to protect the park or refuge. (D) Cooperative agreements. The Secretary is encouraged to make cooperative agreements with eligible entities for these light stations, as long as the agreements fit with the Secretary's duty to manage the park unit or refuge.

the actual law source: uscode.house.gov ↗public domain
(a)Process and Policies.—

The Secretary and the Administrator shall maintain 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 the light station by the eligible entity.

(b)Application Review.—
(1)In general.—

The Secretary shall—

(A)

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 section 102 of title 40); and

(B)

forward to the Administrator a single approved application for the conveyance of the historic light station.

(2)Consultation.—

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.

(c)Conveyance or Sale of Historic Light Stations.—
(1)Conveyance by administrator.—

Except as provided in paragraph (2), after the Secretary’s selection of an eligible entity, the Administrator shall convey, by quitclaim deed, without consideration, all right, title, and interest of the United States in and to a historic light station, subject to the conditions set forth in section 305104 of this title. The conveyance of a historic light station under this chapter shall not be subject to 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, 14 U.S.C. 93 note).1

(2)Historic light station located within a system unit or a refuge within national wildlife refuge system.—
(A)Approval of secretary required.—

A historic light station located within the exterior boundaries of a System unit or a refuge within the National Wildlife Refuge System shall be conveyed or sold only with the approval of the Secretary.

(B)Conditions of conveyance.—

If the Secretary approves the conveyance of a historic light station described in subparagraph (A), the conveyance shall be subject to the conditions set forth in section 305104 of this title and any other terms or conditions that the Secretary considers necessary to protect the resources of the System unit or wildlife refuge.

(C)Conditions of sale.—

If the Secretary approves the sale of a historic light station described in subparagraph (A), the sale shall be subject to the conditions set forth in paragraphs (1) to (4) and (8) of subsection (a), and subsection (b), of section 305104 of this title and any other terms or conditions that the Secretary considers necessary to protect the resources of the System unit or wildlife refuge.

(D)Cooperative agreements.—

The Secretary is encouraged to enter into cooperative agreements with appropriate eligible entities with respect to historic light stations described in subparagraph (A), as provided in this division, to the extent that the cooperative agreements are consistent with the Secretary’s responsibilities to manage and administer the System unit or wildlife refuge.

Source credit: (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3216.)

history & why it existsrecord from the source credit
  • 2014Enacted · Pub. L. 113-287 · 128 Stat. 3216

A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-287 on 2014-12-19.

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