Pub. L. 108-293, tit. VI, sec. 612

CONVEYANCE.

EnactedYear: 2004Length: 724 wordsOfficial source
SEC. 612. CONVEYANCE.(a) Authority To Convey.—(1) In general.—Notwithstanding any other provision of law, the Secretary of the department in which the Coast Guard is operating shall convey, by an appropriate means of conveyance, all right, title, and interest of the United States in and to Sentinel Island, Alaska, to the entity to which the Sentinel Island Light Station is conveyed under section 308(b) of the National Historic Preservation Act (16 U.S.C. 470w–7(b)).(2) Identification of property.—The Secretary may identify, describe, and determine the property to be conveyed under this subsection.118 STAT. 1059(3) Limitation.—The Secretary may not under this section convey—(A) any historical artifact, including any lens or lantern, located on property conveyed under this section at or before the time of the conveyance; or(B) any interest in submerged land.(b) General Terms and Conditions.—(1) In general.—Any conveyance of property under this section shall be made—(A) without payment of consideration; and(B) subject to the terms and conditions required by this section and other terms and conditions the Secretary may consider appropriate, including the reservation of easements and other rights on behalf of the United States.(2) Reversionary interest.—In addition to any term or condition established under this section, any conveyance of property under this section shall be subject to the condition that all right, title, and interest in the property, at the option of the Secretary shall revert to the United States and be placed under the administrative control of the Secretary, if—(A) the property, or any part of the property—(i) ceases to be available and accessible to the public, on a reasonable basis, for educational, park, recreational, cultural, historic preservation, or other similar purposes specified for the property in the terms of conveyance;(ii) ceases to be maintained in a manner that is consistent with its present or future use as a site for Coast Guard aids to navigation or compliance with this section; or(iii) ceases to be maintained in a manner consistent with the conditions in paragraph (4) established by the Secretary pursuant to the National Historic Preservation Act (16 U.S.C. 470 et seq.); or(B) at least 30 days before that reversion, the Secretary provides written notice to the owner that the property is needed for national security purposes.(3) Maintenance of navigation functions.—Any conveyance of property under this section shall be made subject to the conditions that the Secretary considers to be necessary to assure that—(A) the lights, antennas, and associated equipment located on the property conveyed that 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;(B) the owner of the property may not interfere or allow interference in any manner with aids to navigation without express written permission from the Commandant of the Coast Guard;(C) there is reserved to the United States the right to relocate, replace, or add any aids to navigation or make any changes to the property conveyed as may be necessary for navigational purposes;(D) the United States shall have the right, at any time, to enter the property without notice for the purpose of operating, maintaining, and inspecting aids to navigation 118 STAT. 1060 and for the purpose of enforcing compliance with this subsection; and(E) the United States shall have an easement of access to and across the property for the purpose of maintaining the aids to navigation in use on the property.(4) Maintenance of property.—(A) In general.—Subject to subparagraph (B), the owner of a property conveyed under this section shall maintain the property in a proper, substantial, and workmanlike manner, and in accordance with any conditions established by the Secretary pursuant to the National Historic Preservation Act (16 U.S.C. 470 et seq.) and other applicable laws.(B) Limitation.—The owner of a property conveyed under this section is not required to maintain any active aids to navigation on the property, except private aids to navigation authorized under section 83 of title 14, United States Code.(c) Definitions.—In this section, the following definitions apply:(1) Aids to navigation.—The term “aids to navigation” means equipment used for navigation purposes, including a light, antenna, radio, sound signal, electronic navigation equipment, or other associated equipment that are operated or maintained by the United States.(2) Owner.—The term “owner” means, for property conveyed under this section, the person to which property is conveyed under subsection (a)(1), and any successor or assign of that person.
Pub. L. 108-293, tit. VI, sec. 612: CONVEYANCE. | Justis AI