Page:United States Statutes at Large Volume 110 Part 4.djvu/680

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110 STAT. 3009-517 PUBLIC LAW 104-208—SEPT. 30, 1996 (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; (G) 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) thfe 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 CER- TAIN 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;