[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3194 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3194

To transfer surplus Federal land administered by the Coast Guard in the 
                            State of Oregon.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 25, 2008

 Mr. Smith (for himself and Mr. Wyden) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
To transfer surplus Federal land administered by the Coast Guard in the 
                            State of Oregon.

    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 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 known 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 or other 
property interests as may be necessary across the property described in 
subsection (b) to operate, maintain, relocate, install, improve, 
replace, or remove any aid to navigation located on the land for such 
period as the aid to navigation 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).
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