Authority To Convey Whitefish Point Light Station Land.

Sec. 5505. Authority To Convey Whitefish Point Light Station Land. (a) Authority To Convey.— (1) In general.— Except as otherwise provided in this section, the Secretary of the Interior (in this section referred to as the “Secretary”) may convey, by an appropriate means of conveyance, all right, title, and interest of the United States in 1 of the 3 parcels comprising the land on which the United States Coast Guard Whitefish Point Light Station is situated (in this section referred to as the “Property”), to each of the Great Lakes Shipwreck Historical Society, located in Sault Ste. Marie, Michigan, the United States Fish and Wildlife Service, and the Michigan Audubon Society (each of which is referred to in this section as a “recipient”), subject to all easements, conditions, reservations, exceptions, and restrictions contained in prior conveyances of record. (2) Limitation.— Notwithstanding paragraph (1), the Secretary shall retain for the United States all right, title, and interest in— (A) any historical artifact, including any lens or lantern, and (B) the light, antennas, sound signal, towers, associated lighthouse equipment, and any electronic navigation equipment, which are active aids to navigation, which is located on the Property, or which relates to the Property. (3) Identification of the property.— The Secretary may identify, describe, and determine the parcels to be conveyed pursuant to this section. (4) Rights of access.— If necessary to ensure access to a public roadway for a parcel conveyed under this section, the Secretary shall convey with the parcel an appropriate appurtenant easement over another parcel conveyed under this section. (5) Easement for public along shoreline.— In each conveyance under this section of property located on the shoreline of Lake Superior, the Secretary shall retain for the public, for public walkway purposes, a right-of-way along the shoreline that extends 30 feet inland from the mean high water line. (b) Terms and Conditions.— (1) In general.— Any conveyance pursuant to subsection (a) shall be made— (A) without payment of consideration; and (B) subject to such terms and conditions as the Secretary considers appropriate. (2) Maintenance of navigation functions.— The Secretary shall ensure that any conveyance pursuant to this section is subject to such conditions as the Secretary considers to be necessary to assure that— (A) the light, antennas, sound signal, towers, and associated lighthouse equipment, and any electronic navigation equipment, which are located on the Property and which are active aids to navigation shall continue to be operated and maintained by the United States for as long as they are needed for this purpose; 110 STAT. 3009–517 (B) the recipients may not interfere or allow interference in any manner with such aids to navigation without express written permission from the United States; (C) there is reserved to the United States the right to relocate, replace, or add any aids to navigation, or make any changes on any portion of the Property as may be necessary for navigation purposes; (D) the United States shall have the right, at any time, to enter the Property without notice for the purpose of maintaining aids to navigation; (E) the United States shall have— (i) an easement of access to and across the Property for the purpose of maintaining the aids to navigation and associated equipment in use on the Property; and (ii) an easement for an arc of visibility; and (F) the United States shall not be responsible for the cost and expense of maintenance, repair, and upkeep of the Property. (3) Maintenance obligation.— The recipients shall not have any obligation to maintain any active aid to navigation equipment on any parcel conveyed pursuant to this section. (c) Property To Be Maintained in Accordance With Certain Laws.— Each recipient shall maintain the parcel conveyed to the recipient pursuant to subsection (a) in accordance with the provisions of the National Historic Preservation Act (16 U.S.C. 470 et seq.), and other applicable laws. (d) Maintenance Standard.— Each recipient shall maintain the parcel conveyed to the recipient pursuant to subsection (a), at its own cost and expense, in a proper, substantial, and workmanlike manner, including the easements of access, the easement for an arc of visibility, the nuisance easement, and the underground easement. (e) Shared Use and Occupancy Agreement.— The Secretary shall require, as a condition of each conveyance of property under this section, that all of the recipients have entered into the same agreement governing the shared use and occupancy of the existing Whitefish Point Light Station facilities. The agreement shall be drafted by the recipients and shall include— (1) terms governing building occupancy and access of recipient staff and public visitors to public restrooms, the auditorium, and the parking lot; and (2) terms requiring that each recipient shall be responsible for paying a pro rata share of the costs of operating and maintaining the existing Whitefish Point Light Station facilities, that is based on the level of use and occupancy of the facilities by the recipient. (f) Limitations on Development and Impairing Uses.— It shall be a term of each conveyance under this section that— (1) no development of new facilities or expansion of existing facilities or infrastructure on property conveyed under this section may occur, except for purposes of implementing the Whitefish Point Comprehensive Plan of October 1992 or for a gift shop, unless— (A) each of the recipients consents to the development or expansion in writing; 110 STAT. 3009–518 (B) there has been a reasonable opportunity for public comment on the development or expansion, and full consideration has been given to such public comment as is provided; and (C) the development or expansion is consistent with preservation of the Property in its predominantly natural, scenic, historic, and forested condition; and (2) any use of the Property or any structure located on the property which may impair or interfere with the conservation values of the Property is expressly prohibited. (g) Revisionary Interest.— (1) In general.— All right, title, and interests in and to property and interests conveyed under this section shall revert to the United States and thereafter be administered by the Secretary of Interior acting through the Director of the United States Fish and Wildlife Service, if— (A) in the case of such property and interests conveyed to the Great Lakes Shipwreck Historical Society, the property or interests cease to be used for the purpose of historical interpretation; (B) in the case of such property and interests conveyed to the Michigan Audubon Society, the property or interests cease to be used for the purpose of environmental protection, research, and interpretation; or (C) in the case any property and interests conveyed to a recipient referred to in subparagraph (A) or (B)— (i) there is any violation of any term or condition of the conveyance to that recipient; or (ii) the recipient has ceased to exist. (2) Authority to enforce reversionary interest.— The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall have the authority— (A) to determine for the United States Government whether any act or omission of a recipient results in a reversion of property and interests under paragraph (1); and (B) to initiate a civil action to enforce that reversion, after notifying the recipient of the intent of the Secretary of the Interior to initiate that action. (3) Maintenance of navigation functions.— In the event of a reversion of property under this subsection, the Secretary of the Interior shall administer the property subject to any conditions the Secretary of Transportation considers to be necessary to maintain the navigation functions.