Save the Bent Range Marker Update

Saving the Bent Range Marker—How Federal, State and Local Governments Are Working Together in the Spirit of Conservation to Preserve an Iconic Fish Aggregating Device (“FAD”) for the Local Fishing Community A discussion presented by Bruce Marx, Esq. on January 28, 2015 to the Miami Marine Council

ABOUT THE PRESENTER

Bruce R. Marx Partner

Email bmarx@marlowadler.com Direct Dial 786.999.1766 Fax 305.446.3667

Bruce Marx is a Miami native and avid fisherman. He is also a partner at Marlow, Adler, Abrams, Newman & Lewis.

Since August, 2014, Bruce has been involved in a multi level plan to save the Bent Range Marker from its scheduled demolition. The following paper summarizes the critical events which have occurred during the course of this issue as it has unfolded.

Should you wish to contact Bruce to discuss this matter further, you can reach him at the above-noted contact information.

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I.

INTRODUCTION

The Bent Range Marker has always served the important function as a navigational aide to large commercial shipping traffic inbound to Government Cut. Secondary to its original purpose, the Bent Range Marker has also become an important Fish Aggregating Device (“FAD”). The Bent Range Marker is located on what is now a thriving artificial reef that provides a sanctuary for live bait (pilchards, threadfin herring, blue runner, etc.). For many years, this artificial reef has been very important to the local fishing community, serving as a source for live bait that is used in in the pursuit of various species of game fish, including sailfish; tuna; dolphin and wahoo.

Biscayne Channel (“Bug”) Light, which was stationed south of Key Biscayne, was also an iconic bait fishing haven for local fishermen. In August, 2014, however, Bug Light was removed as part of an ongoing Coast Guard project throughout the region. The removal of Bug Light took all members of the fishing community by surprise. Once Bug Light was removed, this presenter commenced a campaign to try to ensure that the Bent Range Marker would not meet the same fate.

Indeed, the Bent Range Marker (as well as the rest of the original Government Cut Range Marker System) was scheduled for demolition as part of the Government Cut deep-dredging project. The remnants of the Bent Range Marker were going to be deposited offshore as part of Dade County’s Artificial Reef Program.

Discussions with the Coast Guard revealed a plan that could potentially save the Bent Range Marker. This plan involves the U.S. divesting its right, title and interest in the structure to Miami Dade County. As will be further discussed in the following chronology, members of the United States Coast Guard, Miami Dade County and the local fishing community have been able to work together in an attempt to save the Bent Range Marker. Although the plan is not quite finalized, the future of the Bent Range Marker looks bright, as it will likely continue to serve as a FAD for years to come.

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II.

CHRONOLOGY OF PERTINENT EVENTS

Date 8/25/14 9/6/14 9/10/14

9/11/14 11/14 11/20/14

12/2/14

12/16/14

12/23/14 12/24/14 1/22/15

III.

Description Email to Lieutenant Timothy Martin of the U.S. Coast Guard raising issue concerning the Bent Range Marker (Bates 1-2) Email to Mayor Carlos Gimenez requesting assistance from Dade County (Bates 3-10) Email from Miguel Padilla of the U.S. Coast Guard discussing the potential transfer of the Bent Range Marker to an appropriate entity (Bates 11) Florida Fish and Wildlife Conservation Commission issues resolution in favor of the Bent Range Marker (Bates 12) Miami Beach Mayor Phillip Levine issues letter to the Coast Guard in support of the Bent Range Marker (Bates 13) The Captain Bob Lewis Billfish Challenge, Inc. unanimously agrees to serve as the 501(c)(3) Corp. to contract with Dade County for the future maintenance of the Bent Range Marker (Bates 14) Copy of Miami Dade County’s 12/2/14 agenda item 14(A)(3) regarding the contracting with the Bob Lewis Billfish Challenge Inc. to fund the operation and maintenance of the Bent Range Marker ultimately passes (Bates 15-28) Rodney Barreto provides $115,066 personal guarantee to Shoreline to cover the “Bent Range Marker” aspect of the work scope of Shoreline’s contract with the Coast Guard so that Shoreline would provide Dade County a release of all claims (Bates 29) Shoreline executes release in favor of Miami Dade County (Bates 30-31) Letter from Dade County Deputy Mayor to the U.S. Coast Guard enclosing the executed transfer documents (Bates 32-39) Email from Brian Huff of the U.S. Coast Guard providing status on Bent Range Issue (Bates 40)

Conclusion

While the fate of the Bent Range Marker has not been officially resolved, it appears that it will be saved. A good ending to this story will result from a lot of time and effort expended by members of the Federal, State and Local Governments. The Bent Range Marker is a very good example of how marine conservation can be accomplished when there is a desire to do so.

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From: To: Cc: Subject: Date: Attachments:

Bruce Marx Timothy.R.Martin@uscg.mil "Mark.G.Sheaffer@uscg.mil" Bent Range Marker Issue Monday, August 25, 2014 2:50:05 PM Face book thread.bent range marker issue.pdf Sue Cocking"s 8.15.14 Article on Bug Light and Bent Range Marker.pdf

Dear Lt. Martin:

Thanks for taking the time to speak with me today about the bent range marker issue. As we discussed, I am a member of the local Miami fishing community who recently learned about the ongoing projects involving the removal of several local navigational aides. Although notice of these projects may have been posted within various editions of the Local Notices to Mariners over the last several months, a majority of the local fishing community, including myself, were aware of same until after the removal of Biscayne Channel Light (Bug Light). As a result, I have been involved in trying to bring as much awareness as possible to the interested members of our local fishing community regarding the fate of the bent range marker.

I don’t know whether the Coast Guard is aware of this fact but for many years, Bug Light and the bent range marker have served as critical Fish Attracting Devices (“FAD’s”) in addition to their roll as navigational aides. These structures have been home to numerous species of bait fish which drive the local fishing economy in Miami. Over the years, Miami has become one of the top sailfish fisheries in the state (if not the world) hosting many local tournaments. These local tournaments are frequented by many out of town participants who infuse a tremendous amount of money into our local economy. Our local sport fishing fleet also serves and important role in driving our local economic engine as they have loyal clients who come from all over the country to fish with them.

After learning of the present plan to remove the bent range marker, I reached out to the members of our marine community who are on Face Book in an effort to secure their comments as to why it is such an important structure. Attached, please find a copy of the thread of comments posted by various members of the local fishing community demonstrating the significance of the bent range marker to our fishing industry. Also attached, please find the August 17, 2014 Miami Herald Article written by Sue Cocking entitled “Fishermen lobby to save bait spots.”

Please allow this email to serve as my request that the Coast Guard agree to meet with some of the prominent local fishermen who have fished in Miami for over 25 years in order to discuss the importance of the bent range marker. It would be greatly appreciated if we could schedule this meeting so that the Coast Guard can gain the same appreciation that these fishermen have as to the importance of the bent range marker to our local fishery. We would also like to try and discuss some workable alternatives on the fate of the bent range marker other than its complete removal.

I understand that this project is underway. However, we would appreciate the opportunity to speak with you as soon as possible in order to hopefully save a critical part of the Miami fishing land scape.

Thanks so much for your time in reading this email and attachments. I hope to hear from

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you and/or officer Sheaffer soon.

Bruce R. Marx, Esq. Marlow, Adler, Abrams, Newman & Lewis 4000 Ponce de Leon Boulevard, Suite 570 Coral Gables, FL 33146 Dir: 786.999.1766 Tel: 305.446.0500 Fax: 305.446.3667 bmarx@marlowadler.com

PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this email message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and/or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert Marlow Adler Abrams Newman & Lewis by reply email and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this email and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Marlow Adler Abrams Newman & Lewis for damage arising in any way from its use.

P Please consider the environment before printing this email

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From: To: Cc:

Subject: Date: Attachments:

Bruce Marx "mayor@miamidade.gov" Ferro, Alex (Office of the Mayor) (aferro@miamidade.gov); Blairs@Miamidade.gov; heftyl@miamidade.gov; miguel.n.padilla@uscg.mil; Timothy.R.Martin@uscg.mil; Mark.G.Sheaffer@uscg.mil; Andrew.M.Engle@uscg.mil; Mark.S.Barney@uscg.mil; Gabe.J.Somma@uscg.mil; brian.P.Huff@uscg.mil; bmostkoff@shorelinefoundation.com; Neil Davis (ndavis@shorelinefoundation.com); Chuck.Collins@MyFWC.com; Moore, Richard (richard.moore@MyFWC.com); Nick.Wiley@MyFWC.com; Klein, Gary (gary.klein@MyFWC.com); Fauls, Jackie (jackie.fauls@MyFWC.com); Sarnoff, Marc (Commissioner); Rodney Barreto (rodney@barretogroup.com); scocking@miamiherald.com; Jimmy@lewissportfishing.com; Holly Lewis; Josefonseca91@gmail.com; nfonseca8@gmail.com; captbouncer@bellsouth.net; Captwconn@aol.com; Ray@missbritt.com; q@cuttingedgefishing.com; mmenendez@chrysalishealth.com; joe@contenderboats.com; Judy Layne; PEZVELAJV@aol.com; Gary Papas (gpappas@carltonfields.com); dlunger@bellsouth.net; atlantismarinetowingsalvage@gmail.com; scott.salyers@bonniercorp.com; Mike Dixon (mdixon@engelusa.com); terry@qualifierfishing.com; Carey Chen (marlinarts@aol.com); rumcayrob@aol.com; Tony@oceanpromotions.com; daskin@ccaflorida.org; Rafael Sanchez-Aballi (rsa@sanchez-aballi.com); Captnel@gmail.com; Boat Center (boatctrmiasales@aol.com); "kcrook@crookandcrook.com"; fishpuller@aol.com; Jim Puller (fishman95@aol.com) Saving the Bent Range Marker at Government Cut Saturday, September 06, 2014 12:59:44 PM Bent Range Marker.jpg Face Book Comments Aug. 17th post re import of bent range marker.pdf Fishermen lobby to save bait spots - Outdoors - MiamiHerald.com.pdf § 550 Disposal of real property for certain purposes.doc

Dear Mayor Gimenez:

I would like to solicit your assistance in trying to save the bent range marker (picture attached) that is presently set for demolition at the end of this month. The United States Coast Guard (“USCG”), through its contractor Shoreline Foundation, Inc. (“Shoreline”), is involved in a range marker replacement project at Government Cut. I want to emphasize that I have no issue with the Coast Guard or Shoreline regarding this project. This situation simply arose when local fishermen, such as myself, did not learn that the local navigational aides (some of which are/were critical Fish Attracting Devices) were being removed until after the removal process commenced. Ever since that time, I have simply been trying to seek a solution that would allow the bent range marker to remain in place.

Over the years, the bent range marker has served an important function as a navigational aide. It has also served a secondary function as a Fish Attracting Device for various species of bait fish which are critical to an angler’s ability to target sailfish and other species. As you know, our area has become one of the major sailfish fisheries in the world.

We are home to many local charter boats and fishing tournaments which cater to numerous in-state and out of state anglers, all of whom drive the local economy by staying in our hotels, eating in our restaurants, shopping, and, of course, fishing.

I invite you to review the attached PDF from my Face Book page and look at the thread of comments made by some members of our local fishing community in my August 17 th post explaining why the bent range marker is so important to our fishing community. I also invite you to read the attached August 17 th article from Sue Cocking discussing this situation. Lastly, I invite your office to contact local Captains such as Jimmy Lewis; Wayne Conn; Bouncer Smith; Jimbo Thomas; Quinton Dieterle; Ray Rosher and Terry Claus in order

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to learn why the bent range marker is so important, as well as to gain an appreciation for the amount of out of town business these Captains generate locally.. The last thing we want to do is steer anglers to other areas of Florida to fish because the baitfish has left our local waters. One major structure (Biscayne Channel (“Bug”) Light) has already been removed and has already negatively impacted our live bait fishery. We cannot afford to lose any more important bait holding structures.

Yesterday, I spoke with a member of the USCG’s legal counsel. I was advised that there is a possible solution to this situation—the USCG could assign the bent range marker to a local governmental entity such as Dade County, or a private not for profit corporation pursuant to the attached statute (40 U.S.C. Sec. 550). This is what I would like to discuss with you and/or your staff. Given Dade County’s prior history with building and maintaining our artificial reefs, this would be a perfect fit. This situation is fluid and my discussions with the USCG about the possibility of such an assignment are currently ongoing. However, I wanted to reach out to you now in order to see if I could involve Dade County in these discussions at this time.

As for the issue of funding, I have a private consortium that is ready to raise funds to try and help in this process. I have requested that Shoreline advise me how much it would cost for this private consortium to “buy out” that section of Shoreline’s work scope pertaining to the removal and disposition of the bent range marker. If I could fund this to Shoreline’s satisfaction, and if the Coast Guard would agree that the bent range marker could remain in place, then the possibility exists that it could be assigned to a governmental entity such as Dade County pursuant to the attached statute.

I have already reached out to Lee Hefty and Steve Blair. Perhaps, you can contact them in order to get up to speed on this situation. Inasmuch as the bent range marker is scheduled to be demolished by the end of this month, time is of the essence.

It is not often when governmental entities have the opportunity to get together and do something that is good and positive for the local community. I think this is one such opportunity. Therefore, I would appreciate your attention to this situation. Thank you.

Bruce R. Marx, Esq. Marlow, Adler, Abrams, Newman & Lewis 4000 Ponce de Leon Boulevard, Suite 570 Coral Gables, FL 33146 Dir: 786.999.1766 Tel: 305.446.0500 Fax: 305.446.3667 bmarx@marlowadler.com

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§ 550. Disposal of real property for certain purposes, 40 USCA § 550

United States Code Annotated Title 40. Public Buildings, Property, and Works (Refs & Annos) Subtitle I. Federal Property and Administrative Services Chapter 5. Property Management Subchapter III. Disposing of Property 40 U.S.C.A. § 550 Formerly cited as 40 USCA § 484 § 550. Disposal of real property for certain purposes Effective: August 21, 2002 Currentness

(a) Definition.--In this section, the term “State” includes the District of Columbia, Puerto Rico, and the territories and possessions of the United States.

(b) Enforcement and revision of instruments transferring property under this section.--

(1) In general.--Subject to disapproval by the Administrator of General Services within 30 days after notice of a proposed action to be taken under this section, except for personal property transferred pursuant to section 549 of this title, the official specified in paragraph (2) shall determine and enforce compliance with the terms, conditions, reservations, and restrictions contained in an instrument by which a transfer under this section is made. The official shall reform, correct, or amend the instrument if necessary to correct the instrument or to conform the transfer to the requirements of law. The official shall grant a release from any term, condition, reservation or restriction contained in the instrument, and shall convey, quitclaim, or release to the transferee (or other eligible user) any right or interest reserved to the Federal Government by the instrument, if the official determines that the property no longer serves the purpose for which it was transferred or that a release, conveyance, or quitclaim deed will not prevent accomplishment of that purpose. The release, conveyance, or quitclaim deed may be made subject to terms and conditions that the official considers necessary to protect or advance the interests of the Government.

(2) Specified official.--The official referred to in paragraph (1) is--

(A) the Secretary of Education, for property transferred under subsection (c) for school, classroom, or other educational use;

(B) the Secretary of Health and Human Services, for property transferred under subsection (d) for use in the protection of public health, including research;

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§ 550. Disposal of real property for certain purposes, 40 USCA § 550

(C) the Secretary of the Interior, for property transferred under subsection (e) for public park or recreation area use;

(D) the Secretary of Housing and Urban Development, for property transferred under subsection (f) to provide housing or housing assistance for low-income individuals or families; and

(E) the Secretary of the Interior, for property transferred under subsection (h) for use as a historic monument for the benefit of the public.

(c) Property for school, classroom, or other educational use.--

(1) Assignment.--The Administrator, in the Administrator’s discretion and under regulations that the Administrator may prescribe, may assign to the Secretary of Education for disposal surplus real property, including buildings, fixtures, and equipment situated on the property, that the Secretary recommends as needed for school, classroom, or other educational use.

(2) Sale or lease.--Subject to disapproval by the Administrator within 30 days after notice to the Administrator by the Secretary of Education of a proposed transfer, the Secretary, for school, classroom, or other educational use, may sell or lease property assigned to the Secretary under paragraph (1) to a State, a political subdivision or instrumentality of a State, a tax-supported educational institution, or a nonprofit educational institution that has been held exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)).

(3) Fixing value.--In fixing the sale or lease value of property disposed of under paragraph (2), the Secretary of Education shall take into consideration any benefit which has accrued or may accrue to the Government from the use of the property by the State, political subdivision or instrumentality, or institution.

(d) Property for use in the protection of public health, including research.--

(1) Assignment.--The Administrator, in the Administrator’s discretion and under regulations that the Administrator may prescribe, may assign to the Secretary of Health and Human Services for disposal surplus real property, including buildings, fixtures, and equipment situated on the property, that the Secretary recommends as needed for use in the protection of public health, including research.

(2) Sale or lease.--Subject to disapproval by the Administrator within 30 days after notice to the Administrator by the Secretary of Health and Human Services of a proposed transfer, the Secretary, for use in the protection of public health, including research, may sell or lease property assigned to the Secretary under paragraph (1) to a State, a political subdivision or instrumentality of a State, a tax-supported medical institution, or a hospital or similar institution not © 2014 Thomson Reuters. No claim to original U.S. Government Works.

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§ 550. Disposal of real property for certain purposes, 40 USCA § 550

operated for profit that has been held exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)).

(3) Fixing value.--In fixing the sale or lease value of property disposed of under paragraph (2), the Secretary of Health and Human Services shall take into consideration any benefit which has accrued or may accrue to the Government from the use of the property by the State, political subdivision or instrumentality, or institution.

(e) Property for use as a public park or recreation area.--

(1) Assignment.--The Administrator, in the Administrator’s discretion and under regulations that the Administrator may prescribe, may assign to the Secretary of the Interior for disposal surplus real property, including buildings, fixtures, and equipment situated on the property, that the Secretary recommends as needed for use as a public park or recreation area.

(2) Sale or lease.--Subject to disapproval by the Administrator within 30 days after notice to the Administrator by the Secretary of the Interior of a proposed transfer, the Secretary, for public park or recreation area use, may sell or lease property assigned to the Secretary under paragraph (1) to a State, a political subdivision or instrumentality of a State, or a municipality.

(3) Fixing value.--In fixing the sale or lease value of property disposed of under paragraph (2), the Secretary of the Interior shall take into consideration any benefit which has accrued or may accrue to the Government from the use of the property by the State, political subdivision or instrumentality, or municipality.

(4) Deed of conveyance.--The deed of conveyance of any surplus real property disposed of under this subsection--

(A) shall provide that all of the property be used and maintained for the purpose for which it was conveyed in perpetuity, and that if the property ceases to be used or maintained for that purpose, all or any portion of the property shall, in its then existing condition, at the option of the Government, revert to the Government; and

(B) may contain additional terms, reservations, restrictions, and conditions the Secretary of the Interior determines are necessary to safeguard the interests of the Government.

(f) Property for low income housing assistance.--

(1) Assignment.--The Administrator, in the Administrator’s discretion and under regulations that the Administrator may prescribe, may assign to the Secretary of Housing and Urban Development for disposal surplus real property, including buildings, fixtures, and equipment situated on the property, that the Secretary recommends as needed to provide housing or © 2014 Thomson Reuters. No claim to original U.S. Government Works.

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§ 550. Disposal of real property for certain purposes, 40 USCA § 550

housing assistance for low-income individuals or families.

(2) Sale or lease.--Subject to disapproval by the Administrator within 30 days after notice to the Administrator by the Secretary of Housing and Urban Development of a proposed transfer, the Secretary, to provide housing or housing assistance for low-income individuals or families, may sell or lease property assigned to the Secretary under paragraph (1) to a State, a political subdivision or instrumentality of a State, or a nonprofit organization that exists for the primary purpose of providing housing or housing assistance for low-income individuals or families.

(3) Self-help housing.--

(A) In general.--The Administrator shall disapprove a proposed transfer of property under this subsection unless the Administrator determines that the property will be used for low-income housing opportunities through the construction, rehabilitation, or refurbishment of self-help housing, under terms requiring that--

(i) subject to subparagraph (B), an individual or family receiving housing or housing assistance through use of the property shall contribute a significant amount of labor toward the construction, rehabilitation, or refurbishment; and

(ii) dwellings constructed, rehabilitated, or refurbished through use of the property shall be quality dwellings that comply with local building and safety codes and standards and shall be available at prices below prevailing market prices.

(B) Guidelines for considering disabilities.--For purposes of fulfilling self-help requirements under paragraph (3)(A)(i), the Administrator shall ensure that nonprofit organizations receiving property under paragraph (2) develop and use guidelines to consider any disability (as defined in section 3(2) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2)).

(4) Fixing value.--

(A) In general.--In fixing the sale or lease value of property disposed of under paragraph (2), the Secretary of Housing and Urban Development shall take into consideration and discount the value for any benefit which has accrued or may accrue to the Government from the use of the property by the State, political subdivision or instrumentality, or nonprofit organization.

(B) Amount of discount.--The amount of the discount under subparagraph (A) is 75 percent of the market value of the property, except that the Secretary of Housing and Urban Development may discount by a greater percentage if the Secretary, in consultation with the Administrator, determines that a higher percentage is justified.

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§ 550. Disposal of real property for certain purposes, 40 USCA § 550

(g) Property for national service activities.--

(1) Assignment.--The Administrator, in the Administrator’s discretion and under regulations that the Administrator may prescribe, may assign to the Chief Executive Officer of the Corporation for National and Community Service for disposal surplus property that the Chief Executive Officer recommends as needed for national service activities.

(2) Sale, lease, or donation.--Subject to disapproval by the Administrator within 30 days after notice to the Administrator by the Chief Executive Officer of a proposed transfer, the Chief Executive Officer, for national service activities, may sell, lease, or donate property assigned to the Chief Executive Officer under paragraph (1) to an entity that receives financial assistance under the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.).

(3) Fixing value.--In fixing the sale or lease value of property disposed of under paragraph (2), the Chief Executive Officer shall take into consideration any benefit which has accrued or may accrue to the Government from the use of the property by the entity receiving the property.

(h) Property for use as a historic monument.--

(1) Conveyance.--

(A) In general.--Without monetary consideration to the Government, the Administrator may convey to a State, a political subdivision or instrumentality of a State, or a municipality, the right, title, and interest of the Government in and to any surplus real and related personal property that the Secretary of the Interior determines is suitable and desirable for use as a historic monument for the benefit of the public.

(B) Recommendation by National Park System Advisory Board.--Property may be determined to be suitable and desirable for use as a historic monument only in conformity with a recommendation by the National Park System Advisory Board established under section 3 of the Act of August 21, 1935 (16 U.S.C. 463) (known as the Historic Sites, Buildings, and Antiquities Act). Only the portion of the property that is necessary for the preservation and proper observation of the property’s historic features may be determined to be suitable and desirable for use as a historic monument.

(2) Revenue-producing activity.--

(A) In general.--The Administrator may authorize use of any property conveyed under this subsection for revenue-producing activities if the Secretary of the Interior--

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§ 550. Disposal of real property for certain purposes, 40 USCA § 550

(i) determines that the activities are compatible with use of the property for historic monument purposes;

(ii) approves the grantee’s plan for repair, rehabilitation, restoration, and maintenance of the property;

(iii) approves the grantee’s plan for financing the repair, rehabilitation, restoration, and maintenance of the property; and

(iv) examines and approves the accounting and financial procedures used by the grantee.

(B) Use of excess income.--The Secretary of the Interior may approve a grantee’s financial plan only if the plan provides that the grantee shall use income exceeding the cost of repair, rehabilitation, restoration, and maintenance only for public historic preservation, park, or recreational purposes.

(C) Audits.--The Secretary of the Interior may periodically audit the records of the grantee that are directly related to the property conveyed.

(3) Deed of conveyance.--The deed of conveyance of any surplus real property disposed of under this subsection--

(A) shall provide that all of the property be used and maintained for historical monument purposes in perpetuity, and that if the property ceases to be used or maintained for historical monument purposes, all or any portion of the property shall, in its then existing condition, at the option of the Government, revert to the Government; and

(B) may contain additional terms, reservations, restrictions, and conditions the Administrator determines are necessary to safeguard the interests of the Government.

CREDIT(S) (Pub.L. 107-217, § 1, Aug. 21, 2002, 116 Stat. 1094.)

Notes of Decisions (6)

40 U.S.C.A. § 550, 40 USCA § 550 Current through P.L. 113-145 (excluding P.L. 113-121, 113-128, and 113-143) approved 8-4-14 End of Document

© 2014 Thomson Reuters. No claim to original U.S. Government Works.

© 2014 Thomson Reuters. No claim to original U.S. Government Works.

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From: To: Subject: Date:

Miguel.n.Padilla@uscg.mil on behalf of Padilla, Miguel n CIV Bruce Marx RE: Today"s telephone conference to discuss the bent range marker issue Wednesday, September 10, 2014 4:14:02 PM

Bruce The Coast Guard is willing to consider the conveyance of the range marker to an appropriate entity.

However, said conveyance must occur within the date by which the marker was to be removed under the contract with Shoreline. I am waiting for a determination of that date, which I will then forward to you.

In order to assist with your assessment as to whether the conveyance of the marker is realistic, I provide the following outline of the attendant legal issues: 1. The USCG can convey the marker through the following processes: a. A public benefit conveyance to state or local government, or certain not-for-profit organizations. b. A donation of real property to a state or local government agency. c. Disposal as excess property through the U.S. General Services Administration (GSA). If the marker is not taken by another federal agency as a result of federal screening, it may be conveyed to a state or local governmental entity. If no public entities want it, then it may be given to a not-for-profit, or sold to the highest bidder.

2. Once the marker is conveyed, the new owner must apply with the USCG to make the marker a private aid to navigation. As part of this process, the marker is going to have to be modified by being shortened in height and marked to avoid navigational hazards by the new owner.

3. If the marker is conveyed to a private entity (e.g. a not-for-profit), that entity is going to have acquire a lease or other real property conveyance from the State of Florida to have this private marker sit on state-owned submerged lands.

4. If the marker is conveyed to a private entity (e.g. a not-for-profit), that entity is going to have acquire all federal, state and local permits, and other authorizations needed to have this structure in place. If the new owner is a public entity, that entity will have to get all federal permits, etc.

5. Whether this marker goes to a private or public entity, we are going to ask that entity to go to a marine engineering firm to commission an assessment of the condition of the marker. That assessment will be used to demonstrate that the new owner was aware of the degraded condition of the marker when it took control of said marker.

6. There are going to be costs associated with the termination of the Shoreline contract. The USCG does not want to be saddled with those costs.

This is a general outline of the process and it omits a lot of detail. These three avenues for conveyance, moreover, can take many months to implement.

Thanks Miguel Padilla Mission Support Division (LSC-4E) Legal Service Command, Norfolk, VA http://www.uscg.mil/lsc/default.asp (w) 757-628-4208 (f) 757-628-4217 Duty Attorney: 757-615-2140

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Resolution

The Board of the Florida Fish and Wildlife Conservation Commission hereby declares on this 11th day of September in the year 2014:

WHEREAS, for many years, the Bent Range marker has safely guided maritime traffic into the port of Miami, and WHEREAS, this aid to navigation has been a historical bait site, serving as a fish-attracting device for various marine species supporting south Florida’s local and tourist fishing industry, and WHEREAS, the U.S. Coast Guard has indicated its intention to remove the Bent Range marker, and WHEREAS, fishing is an important part of south Florida’s culture and economy and because of this, Miami has become one of the major sailfish fisheries in the world, and WHEREAS, Miami is home to many local charter boats and fishing tournaments, which serve numerous in-state and out-of-state anglers, all of whom support the local economy, and

Florida Fish and Wildlife Conservation Commission MyFWC.com

WHEREAS, local anglers rely on baitfish caught around the Bent Range marker.

NOW THEREFORE, be it resolved by the Florida Fish and Wildlife Conservation Commission at a duly constituted and assembled meeting as follows: We request that the U.S. Coast Guard work with the local community to find solutions that will keep the Bent Range marker in place so that it continues to serve anglers as an important bait fishery.

The Florida Fish and Wildlife Conservation Commission pledges to provide support and assistance working with the U.S. Coast Guard and local community to achieve this beneficial outcome.

We do hereby record the sentiments of this resolution forevermore in the minutes and records of the Florida Fish and Wildlife Conservation Commission.

DONE AND RESOLVED in this duly constituted and assembled meeting at Kissimmee, Florida, this 11th day of September, 2014.

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

______________________________________________ ______________________________________________ Chairman Richard A. Corbett Vice Chairman Brian S. Yablonski

______________________________________________ ______________________________________________ Commissioner Aliese P. Priddy

Commissioner Charles W. Roberts, III

______________________________________________ Commissioner Adrien Bo Rivard

Attest: _______________________________________________

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From: To: Subject: Date:

Jose Fonseca Bruce Marx; Bruce Marx Bent Range Marker Friday, November 21, 2014 9:38:01 AM

Bruce, Yesterday the board of the Captain Bob Lewis Billfish Challenge voted on accepting the proposed contract with DERM regarding the Bent Range Marker and it was a unanimous yes. We are here to help preserve the fishing opportunities for all and mostly for the children. Thank you for the opportunity.

Thanks, Jose R Fonseca, President Capt. Bob Lewis Billfish Challenge

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From: To: Cc: Subject: Date:

Brian.P.Huff@uscg.mil on behalf of Huff, Brian P LCDR Bruce Marx Blairs@Miamidade.gov; Huff, Brian P LCDR RE: Bent Range Status Thursday, January 22, 2015 11:14:54 AM

Miami Dade Deputy Mayor signed the "Bill of Sale" for transfer and we (District Seven) has approved the PATON application. Our headquarters office is reviewing the environmental memo concerning the transfer and the documents and expect they will sign that quickly, followed by the Coast Guard rep signing the "Bill of Sale" and complete the process. The contractor has been made aware not to remove that marker when construction of the new markers are complete.

The aids to navigation team has the new dayboards to mark the structure and the new optic equipment. When the new/replacement range towers get completed and we light them, the bent range will have the "Range" optic removed, dayboards attached etc. The cutter in St Pete will be in Miami April/May to remove the tower structure leaving the platform and all legs of the Bent Marker in place.

All is good, catch em' up!

Very Respectfully, Brian

-----Original Message----From: Bruce Marx [mailto:bmarx@MARLOWADLER.COM] Sent: Thursday, January 22, 2015 9:16 AM To: Huff, Brian P LCDR Cc: Blairs@Miamidade.gov Subject: Bent Range Status Hi Brian:

I was curious as to the status of the Bent Rang Marker issue. The last time I checked with the County (Steve Blair), I was advised that all the documentation was provided to the Coast Guard.

Could you give a little update, not matter how vague, that I can report to the fishing community?

Thanks so much.

Bruce R. Marx, Esq. Marlow, Adler, Abrams, Newman & Lewis 4000 Ponce de Leon Boulevard, Suite 570 Coral Gables, FL 33146 Dir: 786.999.1766 Tel: 305.446.0500 Fax: 305.446.3667 bmarx@marlowadler.com <mailto:bmarx@marlowadler.com>

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