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Alaska Lighthouse Transfers

Issue

The Coast Guard and Maritime Transportation Act of 2006 (PL109-241) addresses the problem of jurisdiction over lighthouses in the Alaska Region. This act took effect July 11, 2006. It clarifies issues regarding transfer of light stations that have surfaced under the National Historic Lighthouse Preservation Act of 2000 (NHLPA) and the Coast Guard Authorization Act of 1998

Background

Section 416 of the Coast Guard Authorization Act of 1998 provided that either the Commandant of the Coast Guard or the General Services Administration (GSA) Administrator could convey the four light stations on National Forest System (NFS) lands in Alaska that were listed in the Act, to specified parties. The law allowed for conveyance of the entire lighthouse reserve. Some of the lighthouse reserves on NFS lands in Alaska under this Act ranged from 216 acres in size to over 1,500 acres.

The National Historic Lighthouse Preservation Act of 2000 (NHLPA) authorized GSA to dispose of additional historic light stations to "eligible entities." Eligible entities include federal, state, and local governments, nonprofit corporations, educational agencies, and qualifying community development organizations that must make the historic light station available to the general public for education, park, recreation, cultural, or historic preservation purposes. However, the act did not give GSA authority to dispose of National Forest System (NFS) lands.

The Forest Service supports conveyance of the lighthouse facilities with provisions to ensure reasonable access to them, and a small tract of National Forest System land that contains the lighthouse facilities (generally about 10 acres), but not the entire lighthouse reserve. This smaller footprint would allow the lighthouse association to preserve the lighthouse facilities for the interpretation and preservation of maritime history while maintaining the remainder of the lighthouse reserve for public use as National Forest System lands.

Current Situation

The Coast Guard and Maritime Transportation Act of 2006 provides for the transfer of underlying lands at Guard Island, Eldred Rock, Mary Island, and Cape Hinchinbrook Light Stations from the Forest Service to the Coast Guard effective as of the date of the legislation. For Cape Hinchinbrook, 57.4 acres are transferred to the Coast Guard.

For the Tree Point Light Station, which is located in Misty Fiords National Monument, all administrative jurisdiction will be transferred to the Forest Service effective the date of a letter from the Coast Guard to the Forest Service that is required under Section 502(b) of the Act. On the date of this letter the 1,207-acre Coast Guard withdrawal will be revoked in accordance with Section 502(f). The Coast Guard and Forest Service are also required to develop an agreement for the remediation of the land and structures at this light station.

For the Cape St. Elias Light Station, Section 503 of the Act restricts the lands available for disposal under the Coast Guard Authorization Act of 1998 to the 10 acres plus access easements.

The legislation itself does not reduce the larger lighthouse reserves at either Cape Hinchinbrook or Cape St. Elias. The Coast Guard will have to request that they be reduced by filing a notice of intention to relinquish. The Bureau of Land Management will then coordinate with the Forest Service before issuing a public land order removing the withdrawals.

More Information

Roger Birk, Regional Hydropower Team Leader, Alaska Region (907) 586-8843
Maria Lisowski, Assistant Director; Recreation, Lands & Minerals (907) 586-8891

Updated November 2006

USDA Forest Service - Tongass National Forest Accessibility Statement
Last Modified: February 15, 2007