[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6370 Received in Senate (RDS)]
2d Session
H. R. 6370
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 23 (legislative day, September 17), 2008
Received
_______________________________________________________________________
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).
Passed the House of Representatives September 22, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.