[Congressional Record Volume 154, Number 150 (Monday, September 22, 2008)]
[House]
[Pages H8530-H8532]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                OREGON SURPLUS FEDERAL LAND ACT OF 2008

  Mr. DeFAZIO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 6370) to transfer excess Federal property administered by 
the Coast Guard to the Confederated Tribes of the Coos, Lower Umpqua, 
and Siuslaw Indians.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6370

       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).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Oregon (Mr. DeFazio) and the gentleman from Arkansas (Mr. Boozman) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Oregon.


                             General Leave

  Mr. DeFAZIO. Mr. Speaker, I ask unanimous consent that all Members

[[Page H8531]]

may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on H.R. 6370.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Oregon?
  There was no objection.
  Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the Oregon Surplus Federal Land Act requires the 
Commandant of the Coast Guard to transfer the Cape Arago Light Station 
and the surrounding area in Coos County, Oregon, in my congressional 
district, to the Secretary of the Interior to hold in trust for the 
benefit of the Confederated Tribes of the Coos, Lower Umpqua and 
Siuslaw Indians.
  Under this bill, the Confederated Tribes will assume responsibility 
for maintenance of the light station and must provide reasonable public 
access.
  I would also like to point out that H.R. 6370 leaves it to the 
Secretary of the Interior and the Commandant of the Coast Guard to 
determine the exact amount of land that will be transferred and to 
develop the appropriate maps. This body has passed similar bills in the 
past.
  H.R. 6370 clearly leaves all authority of the transfer and trust with 
the relevant agencies. The Coast Guard and the Coos County 
Commissioners support the transfer. And this bill will put an historic 
piece of land to good use while protecting and preserving its cultural 
significance.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BOOZMAN. Mr. Speaker, I yield myself such time as I may consume.
  I support the bill's purpose to transfer administrative jurisdiction 
over a light station and approximately 24 acres of public land in the 
State of Oregon from the Coast Guard to the Secretary of the Interior. 
The land and structures will be held in trust for a federally 
recognized tribe and would be available for tribal and public interests 
that were approved by the Secretary of the Interior. Lastly, the bill 
would prohibit the use of the land for any commercial activity that is 
not expressly approved by the Secretary.
  However, I am disappointed that the bill is being brought to the 
floor without a map specifically detailing the location and amount of 
land which is to be transferred under the bill.
  The land has not been surveyed, and there is a question between the 
Department of the Interior and Coast Guard on the boundaries of this 
land that is proposed for transfer.
  I support the bill, but I do have reservations about the lack of a 
precise description of the land to be transferred. I hope that the 
majority, under Mr. DeFazio's leadership, will work with our side to 
ensure that the land is surveyed promptly and that the final transfer 
should be delayed until such maps are available.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
  I thought that we could have this issue resolved before we came to 
the floor. Unfortunately, the Coast Guard has to actually contract for 
a survey, which, through the Federal procurement process, takes a 
while. But I can assure the gentleman that there are a number of other 
bills I'm familiar with, mostly under the jurisdiction of the Resources 
Committee, that have had similar problems, and these issues were 
resolved before the interagency transfer was finalized and took place. 
That just is sort of logical; they need to know what they're 
transferring, and they need to have a legal description and map. So I 
assure the gentleman, to the best of my ability as a member of the 
legislative branch, that the administrative branch will fulfill their 
duties in this matter.
  With that, Mr. Speaker, I reserve the balance of my time.
  Mr. OBERSTAR. Mr. Speaker, I rise in strong support of H.R. 6370, the 
``Oregon Surplus Federal Land Act of 2008'', introduced by the 
gentleman from Oregon (Mr. DeFazio).
  H.R. 6370 transfers 24 acres of federally owned land, which includes 
the Cape Arago Light Station, in Coos County, Oregon, from the Coast 
Guard to the Secretary of the Interior to be held in trust for the 
benefit of the Confederated Tribes of the Coos, Lower Umpqua, and 
Siuslaw Indians. The Commandant shall transfer the Light Station within 
5 years of the date of enactment of this Act.
  The Cape Arago Light Station no longer functions as an aid to 
navigation since the light has been extinguished. Over the past decade, 
the Coast Guard has been disposing of its lighthouses and has 
determined it no longer needs the property at Cape Arago. This is 
beneficial to the Confederated Tribes and they are eager to manage the 
land since it once served as a burial site and is sacred to them.
  Under the bill, the Confederated Tribes are prohibited from selling, 
conveying, assigning, exchanging or encumbering the property in the 
future without the approval of the Secretary. The Tribes are also 
prohibited from conducting any commercial activities on the property 
without the approval of the Secretary. The property with the Light 
Station is to be made available to the general public for educational, 
park, recreational, cultural, or historic preservation purposes.
  The Committee attempted to obtain maps of the actual property that is 
being transferred from the Coast Guard to the Secretary of the 
Interior. However, the Coast Guard has been unable to develop formal 
maps of the area yet. Therefore, the Coast Guard and the Secretary will 
have to develop maps depicting the property being transferred. This has 
been done numerous times before--such as in the conveyance of Sentinel 
Light Station in Alaska in the Coast Guard and Maritime Transportation 
Act of 2004 (P.L. 108-293) and the conveyance of the Naval Reserve Pier 
in Portland, Oregon, Slip Point Light Station in Callam County, 
Washington, and Point Pinos Light in Monterey County, California, in 
the Maritime Transportation Security Act of 2002 (P.L. 107-295).
  I urge my colleagues to join me in supporting H.R. 6370.
  Finally, I insert in the Record an exchange of letters between 
Chairman Nick J. Rahall, II, Chairman of the Committee on Natural 
Resources, and me.

                                         House of Representatives,


                               Committee on Natural Resources,

                               Washington, DC, September 22, 2008.
     Hon. James Oberstar,
     Chairman, Committee on Transportation and Infrastructure, 
         Washington, DC.
       Dear Jim: Thank you for the opportunity to work with you on 
     H.R. 6370, the Oregon Surplus Federal Land Act of 2008, 
     concerning provisions regarding a Native American tribe and 
     the Secretary of the Interior which are within the 
     jurisdiction of the Committee on Natural Resources.
       Because of the continued cooperation and consideration that 
     you have afforded me and my staff in developing these 
     provisions, I will not seek a sequential referral of H.R. 
     6370. Of course, this waiver is not intended to prejudice any 
     future jurisdictional claims over these provisions or similar 
     language. I also reserve the right to seek to have conferees 
     named from the Committee on Natural Resources on these 
     provisions, and request your support if such a request is 
     made.
       Please place this letter into the committee report on H.R. 
     6370 and into the Congressional Record during consideration 
     of the measure on the House floor.
       With warm regards, I am
           Sincerely,
                                               Nick J. Rahall, II,
                         Chairman, Committee on Natural Resources.
                                  ____
                                  
         House of Representatives, Committee on Transportation and 
           Infrastructure,
                               Washington, DC, September 22, 2008.
     Hon. Nick J. Rahall, II
     Chairman, Committee on Natural Resources,
     Washington, DC.
       Dear Chairman Rahall: Thank you for your September 22, 2008 
     letter regarding H.R. 6370, the ``Oregon Surplus Federal Land 
     Act of 2008''. Your support for this legislation and your 
     assistance in ensuring its timely consideration are greatly 
     appreciated.
       I agree that provisions in the bill are of jurisdictional 
     interest to the Committee on Natural Resources. I acknowledge 
     that by forgoing a sequential referral, your Committee is not 
     relinquishing its jurisdiction and I will fully support your 
     request to be represented in a House-Senate conference on 
     those provisions over which the Committee on Natural 
     Resources has jurisdiction in H.R. 6370.
       This exchange of letters will be placed in the Committee 
     Report on H.R. 6370 and inserted in the Congressional Record 
     as part of the consideration of this legislation in the 
     House. Thank you for the cooperative spirit in which you have 
     worked regarding this matter and others between our 
     respective committees.
       I look forward to working with you as we prepare to pass 
     this important legislation.
           Sincerely,
                                          James L. Oberstar, M.C.,
                                                         Chairman.

  Mr. BOOZMAN. Mr. Speaker, again, I support H.R. 6370, and I yield 
back the balance of my time.
  Mr. DeFAZIO. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Oregon (Mr. DeFazio) that the House suspend the rules 
and pass the bill, H.R. 6370.
  The question was taken; and (two-thirds being in the affirmative) the

[[Page H8532]]

rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________