National Historic Lighthouse Preservation Act 2009 Program Highlights Report NHLPA Program Overview to attend a site visit on a date set by the GSA and the USCG. Applicants have 90 days to complete the application and return it to the NPS after the The National Historic Lighthouse Preservation site visit. Act of 2000 (NHLPA), P.L. 106-355 amended the National Historic Preservation Act of 1966 The NPS evaluates the applications received from (NHPA). The Department of Homeland interested parties and determines the most suitable Security’s United States Coast Guard (the USCG), applicant for each historic property. Subsequently, the Department of Interior’s National Park the Secretary of the Interior notifies the GSA of Service (the NPS), and the General Services its recommended steward, or informs the GSA Administration (the GSA) implement the NHLPA that there were no suitable applicants for the through a unique federal partnership aimed at property. The GSA proceeds to convey preserving the historic and cultural significance of ownership of the property to the selected steward America’s historic light stations. According to (Figure 1). the NHLPA, the term ‘historic light station’ includes the “light tower, lighthouse, keepers In the event that there are no responses to the dwelling, garages, storage sheds, oil house, fog NOA, no applicants, or no suitable applicant, the signal building, boat house, barn, pumphouse, GSA conducts a sale of the property consistent tramhouse support structures, piers, walkways, with the NHLPA’s public sale provisions. underlying and appurtenant land and related real Figure 1: NHLPA Process Flowchart property and improvements associated therewith.” USCG Identifies USCG Sends GSA Excess Historic GSA Issues NOA Report of Excess The NHLPA gives priority to public bodies and Lighthouses non-profit organizations to acquire a historic light NO Public Sale station at no-cost (i.e. conveyed without monetary (60-Days) Eligible Expressions of Interest? GSA Forwards Eligible GSA Schedules Site consideration) through a competitive application YES Expressions of Interest to Visit with NPS & process administered by the NPS. If no steward is NPS USCG identified through this process, the NHLPA NO Public Sale Final Applications Due Applications authorizes the GSA to conduct a public sale of the 90 Days after Site Visit Submitted to NPS? NPS Reviews YES light station. Application(s) NO Public Sale Overview of the NHLPA Process DOI Recommends Single Applicant to GSA? GSA Conveys to YES Recommended The USCG identifies which historic light stations Steward are excess to its needs and submits a Report of Excess (ROE) for each light station to the GSA. National NHLPA Program Many of the excess light stations reported to date Accomplishments are active Aids to Navigation (ATONs). Since the enactment of the NHLPA in 2000, 58 The GSA announces the availability of the light stations have been conveyed to new public historic light station to federal, state and local and private stewards for other uses through no- government organizations and non-profit cost transfers to public bodies and non-profit organizations through the issuance of a Notice of organizations, and public sales. Of the 58 historic Availability (NOA). Interested parties have 60 light stations conveyed, 43 light stations were days to submit a letter expressing interest in conveyed through no-cost transfers, and 15 light stations were sold to private entities (Table 1). applying for the light station. Table 1: Total No-Cost Transfers, and Public Sales The NPS forwards the NHLPA application to all No-Cost Transfers 43 eligible entities that expressed interest during the Public Sales 15 NOA period. Applicants are given an opportunity Total 58 Page 1 May 2010 See Appendix A for a summary of the light approximately 3:1 (Figure 4). Of the 43 light stations that have been conveyed in the NHLPA stations that have been transferred at no-cost, the Program as of May, 2010. The number of no-cost majority of light stations were conveyed to not- transfers and public sales peaked in 2006, when for-profit organizations. Approximately 37% of 11 light stations were transferred under the light stations were conveyed to State and Local NHLPA Program (Figure 2). There has been a governments; and two light stations were reduction of annual conveyances since 2006 due conveyed to other Federal agencies, specifically to outstanding environmental and state the NPS and U.S. Fish and Wildlife Service. bottomlands issues. See Appendix B for a summary of the status of the light stations Figure 4: No-Cost Transfers and Public Sales by currently in the NHLPA Program as of May, Grantee 2010. Federal Transfer 3% Figure 2: No-Cost Transfers and Public Sales Public Sales 26% Local Government Total 2 21% 58 15 12 Year 2010 2 Year 2009 7 Year 2008 7 4 State Government Year 2007 5 7% 25 Year 2006 11 Year 2005 9 Year 2004 9 Not-for-Profit 43% Year 2003 2 Year 2002 6 Light station grantees have used the light stations The 58 conveyed light stations are located in 20 in many creative ways to comply with conditions states, with the majority concentrated in the Great of conveyance under the NHLPA Program. For Lakes, Mid-Atlantic, and Northeast Regions example, the St. Augustine Lighthouse, which (Figure 3). was conveyed to the St. Augustine Light and Museum, Inc. in 2002, is used to educate visitors Figure 3: No-Cost Transfers and Public Sales by State about its rich archeological and maritime history. Others Washington 8 Michigan They coordinate a Keepers’ Program, which 2 9 allows individuals to learn day-to-day operations Rhode Island 2 for administering a historic light station. Ohio 3 Most of the light stations conveyed to date Georgia Maryland 2 8 continue to operate as ATONs. In these cases, Delaware access is reserved in the deed for the USCG to 2 maintain and operate the ATON. In addition, California 2 some of the light stations were conveyed with the original Fresnel lens, which are considered iconic Virginia Maine 4 and symbolic artifacts to light stations enthusiasts 6 Alaska and historians. New York 4 6 Information about specific light stations in the No-cost transfers have been more frequent than NHLPA Program is available at: public sales in the NHLPA Program. The ratio of no-cost transfers to public sales has been http://www.nps.gov/maritime/ltsum.htm Page 2 May 2010 2009 NHLPA Program Recommendations from the Secretary of the Interior To The GSA Accomplishments In 2009, the Secretary of the Interior made six Historic Bottomlands Lease Agreement in the recommendations on light stations under the State of Michigan NHLPA Program to the GSA. Four The USCG asserts that it relinquishes its federal recommendations were for no-cost transfers to right of navigational servitude over state-owned designated public entities, and two bottomlands upon the conveyance of an offshore recommendations were for no suitable applicants light station out of federal ownership. With the which led to public sales. Four recommendations exception of light stations resting on coastal of the NPS to the Secretary are pending approvals structures owned and maintained by the U.S. from the Secretary (Figure 5). See Appendix C for Army Corps of Engineers, the new steward must the names and states of the light stations for which recommendations have been made. enter into an occupancy agreement with the state holding fee ownership of the bottomlands beneath Figure 5: Status of 2009 NPS Recommendations the light station. Without such legal occupancy, the new steward could be found trespassing on the state’s bottomlands. The USCG and the GSA 10 Recommendations were made in have worked with agencies in several states 2009 by the NPS to the Secretary of the Interior including Ohio, New York, and Rhode Island to ensure successful conveyance of light stations resting on bottomlands. 6 4 R ecom mendations have been made by the NPS Recomm endations Secretary to the GSA are pending review A similar development occurred recently in the by the Secretary state of Michigan, when the State of Michigan Department of Environmental Quality (MDEQ) and the Michigan Lighthouse Alliance (MLA) 4 2 Recommendations Recommendations reached historic bottomlands lease agreements for No-Cost Indicating No that will facilitate the conveyance of offshore light Transfers Suitable Applicants stations in that state. Specifically, the groups negotiated rights of occupancy for Detour Reef No-Cost Transfers Lighthouse and Harbor Beach Lighthouse, to a local non-profit organization and a local In 2009, the GSA conveyed five historic light government, respectively. stations to not-for-profit organizations (Table 2). These light stations were transferred at no-cost to Agreements for these two light stations were the new stewards for public use purposes. reached in November 2009, after many years of negotiations to ensure protection of the state NHLPA Section 308 (c) Part 1 Subpart E requires bottomlands, and preservation of the light stations that the light stations be utilized for education, that occupy the bottomlands. During the park, recreation, cultural or historic preservation negotiation process, MDEQ and MLA reached purposes. consensus on the specific terms of the agreement, the appropriate application process, and the interpretation of navigational servitude. The federal government, including the GSA, the USCG, and the NPS also played an active role in assisting both parties throughout the negotiations process. These bottomlands lease agreements will serve as models for future light station transfers in Photo Credit: Tybee Island Historical Society (Tybee Island Lighthouse Complex, GA) Michigan. Page 3 May 2010 Table 2: 2009 No-Cost Transfers Notices of Availability (NOAs) Light stations State Grantee The GSA issued nine NOAs in 2009 for historic American light stations located in six different states (Table Whaleback Lighthouse 4).