[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6370 Enrolled Bill (ENR)]
H.R.6370
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
An Act
To transfer excess Federal property administered by the Coast Guard to
the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oregon Surplus Federal Land Act of
2008''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commandant.--The term ``Commandant'' means the Commandant
of the Coast Guard.
(2) Light station.--The term ``Light Station'' means the Cape
Arago Light Station on Chief's Island in the State of Oregon.
(3) Maps.--The term ``maps'' means the maps filed under section
3(d).
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(5) Tribes.--The Term ``Tribes'' means the Confederated Tribes
of the Coos, Lower Umpqua, and Siuslaw Indians in the State of
Oregon.
SEC. 3. TRANSFER OF ADMINISTRATIVE JURISDICTION.
(a) In General.--As soon as practicable, but not later than 5
years, after the date of enactment of this Act and subject to
subsection (c), the Commandant shall transfer to the Secretary, to hold
in trust for the benefit of the Tribes, administrative jurisdiction
over the Federal land described in subsection (b).
(b) Description of Land.--The Federal land referred to in
subsection (a) consists of the parcels of Coast Guard land (including
any improvements to the land) comprising approximately 24 acres,
located in Coos County, Oregon, in the areas commonly know as ``Gregory
Point'' and ``Chief's Island'', as depicted on the maps.
(c) Conditions.--
(1) Compliance with applicable law.--Before completing the
transfer of administrative jurisdiction under subsection (a), the
Commandant shall execute any actions required to comply with
applicable environmental and cultural resources laws.
(2) Trust status.--On transfer of administrative jurisdiction
over the land under subsection (a), the land transferred to the
Secretary shall be--
(A) held in trust by the United States for the Tribes; and
(B) included in the reservation of the Tribes.
(3) Maintenance of cape arago light station.--
(A) In general.--The transfer of administrative
jurisdiction over the Light Station under subsection (a) shall
be subject to the conditions that the Tribes--
(i) shall--
(I) use, and make reasonable efforts to maintain,
the Light Station in accordance with--
(aa) the National Historic Preservation Act (16
U.S.C. 470 et seq.);
(bb) the Secretary of the Interior's Standards
for the Treatment of Historic Properties under part
68 of title 36, Code of Federal Regulations; and
(cc) any other applicable laws; and
(II) submit any proposed changes to the Light
Station for review and approval by the Secretary, in
consultation with the Oregon State Historic
Preservation Officer, if the Secretary determines that
the changes are consistent with--
(aa) section 800.5(a)(2)(vii) of title 36, Code
of Federal Regulations; and
(bb) the Secretary of the Interior's Standards
for Rehabilitation under section 67.7 of title 36,
Code of Federal Regulations;
(ii) shall make the Light Station available to the
general public for educational, park, recreational,
cultural, or historic preservation purposes at times and
under conditions determined to be reasonable by the
Secretary;
(iii) shall not--
(I) sell, convey, assign, exchange, or encumber the
Cape Arago Light Station (or any part of the Light
Station) or any associated historic artifact conveyed
in conjunction with the transfer under subsection (a),
unless the sale, conveyance, assignment, exchange, or
encumbrance is approved by Secretary; or
(II) conduct any commercial activities at the Cape
Arago Light Station (or any part of the Light Station)
or in connection with any historic artifact conveyed in
conjunction with the transfer under subsection (a) in
any manner, unless the commercial activities are
approved by the Secretary; and
(iv) shall allow the United States, at any time, to
enter the Light Station without notice, for purposes of
ensuring compliance with this section, to the extent that
it is not practicable to provide advance notice.
(B) Reversion.--If the Tribes fail to meet any condition
described in subparagraph (A), the Light Station, or any
associated historic artifact conveyed in conjunction with the
transfer under subsection (a), shall, at the option of the
Secretary--
(i) revert to the United States; and
(ii) be placed under the administrative control of the
Secretary.
(d) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Commandant shall file the maps entitled
``Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Land
Transfer Maps'' and legal descriptions of the parcels to be
transferred under subsection (a) with--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Transportation and Infrastructure of
the House of Representatives; and
(C) the Secretary.
(2) Force of law.--The maps and legal descriptions filed under
paragraph (1) shall have the same force and effect as if included
in this Act, except that the Commandant may correct any errors in
the maps and legal descriptions.
(3) Availability.--Each map and legal description filed under
paragraph (1) shall be on file and available for public inspection
in the appropriate office of the Department of the Interior.
(e) Easements.--The Coast Guard may retain easements on, or other
property interests as may be necessary in, the land described in
subsection (b) to operate, maintain, relocate, install, improve,
replace, or remove any aid to navigation located on the land as may be
required by the Coast Guard.
(f) Tribal Fishing Rights.--No fishing rights of the Tribes that
are in existence on the date of enactment of this Act shall be
enlarged, impaired, or otherwise affected by the transfer of
administrative jurisdiction under subsection (a).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.