[House Report 110-865]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-865

======================================================================



 
                OREGON SURPLUS FEDERAL LAND ACT OF 2008

                                _______
                                

 September 22, 2008.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 6370]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred 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, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                       PURPOSE OF THE LEGISLATION

    H.R. 6370, the ``Oregon Surplus Federal Land Act of 2008'', 
transfers 24 acres of excess Federal property administered by 
the U.S. Coast Guard to the Secretary of the Interior to hold 
in trust for the Confederated Tribes of the Coos, Lower Umpqua, 
and Siuslaw Indians.

                  BACKGROUND AND NEED FOR LEGISLATION

    An Executive Order dated June 14, 1875, withdrew land at 
Cape Arago, in Coos County, Oregon, for lighthouse purposes. In 
1949, a portion of that land was removed from the withdrawal, 
and ultimately transferred to the State of Oregon to be used as 
park land. The Coast Guard has determined that it no longer 
needs the property at Cape Arago, and has extinguished the 
light at the Cape Arago Light Station. The Confederated Tribes 
of the Coos, Lower Umpqua, and Siuslaw Indians want to manage 
this land, which once served as a burial site and is sacred to 
the Tribes.

                       SUMMARY OF THE LEGISLATION

    H.R. 6370 requires the Commandant of the Coast Guard to 
transfer approximately 24 acres of federally owned land, which 
includes the Cape Arago Light Station, in Coos County, Oregon, 
to the Secretary of the Interior as soon as practicable, but 
not later than five years after the date of the enactment. The 
land will be held in trust for the benefit of the Confederated 
Tribes of the Coos, Lower Umpqua, and Siuslaw Indians.
    The transfer of the jurisdiction of the Light Station is 
subject to the conditions that the Tribes use and make 
reasonable efforts to maintain the Station in accordance with 
the National Historic Preservation Act, the Secretary of the 
Interior's Standards for the Treatment of Historic Properties 
and any other applicable laws. If the Tribes would like to make 
any changes to the Light Station, they shall submit the 
proposed changes to the Secretary for approval.
    H.R. 6370 prohibits the Confederated Tribes from selling, 
conveying, assigning, exchanging or encumbering the property in 
the future and prohibits the conduct of any commercial 
activities on the property without the approval of the 
Secretary. The Light Station is to be made available to the 
general public for educational, park, recreational, cultural, 
or historic preservation purposes. The Tribes shall allow the 
United States to enter the Light Station, at any time without 
notice, for the purposes of ensuring compliance of the 
conditions of transfer.
    If the Tribes fail to meet the conditions of transfer, the 
Secretary has the option to revert the Light Station or any 
associated historic artifact conveyed in conjunction with the 
transfer and place it under the administrative control of the 
Secretary.
    After the date of enactment of this Act or as soon as 
practicable, 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 that 
will be transferred with the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate. Each map and legal description shall be on file and 
made available for public inspection at the Department of the 
Interior.

            LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

    On June 26, 2008, Representative Peter A. DeFazio 
introduced H.R. 6370, the ``Oregon Surplus Federal Land Act of 
2008''. On July 31, 2008, the Committee on Transportation and 
Infrastructure met in open session to consider H.R. 6370. The 
Committee ordered the bill reported favorably to the House by 
voice vote with a quorum present.

                              RECORD VOTES

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each record vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. There 
were no recorded votes taken in connection with considering 
H.R. 6370 or ordering the bill reported. A motion to order H.R. 
6370 reported favorably to the House was agreed to by voice 
vote with a quorum present.

                      COMMITTEE OVERSIGHT FINDINGS

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          COST OF LEGISLATION

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included in the report.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
transfer the administrative control of Federal property from 
the Coast Guard to the Secretary of the Interior.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the enclosed cost estimate for H.R. 6370 
from the Director of the Congressional Budget Office:
                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 26, 2008.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 6370, the Oregon 
Surplus Federal Land Act of 2008.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Tyler 
Kruzich.
            Sincerely,
                                          Peter H. Fontaine
                                   (For Peter R. Orszag, Director).
    Enclosure.

H.R. 6370--Oregon Surplus Federal Land Act of 2008

    H.R. 6370 would require the U.S. Coast Guard to transfer to 
the Department of the Interior (DOI) about 24 acres of federal 
land in Coos County, Oregon. The land is home to the Cape Arago 
Light Station. DOI would be required to hold the land in trust 
for the Confederated Tribes of the Coos, Lower Umpqua, and 
Siuslaw Indians of Oregon.
    Based on information from the Coast Guard and DOI, CBO 
estimates that implementing H.R. 6370 would have no significant 
effect, on the federal budget, The transfer of the property 
from one federal agency to another would not affect 
administrative costs. Further, the land does not currently 
generate any receipts and is not expected to be sold within the 
next 10 years.
    H.R. 6370 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Tyler Kruzich. 
This estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                     COMPLIANCE WITH HOUSE RULE XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, H.R. 6370 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI 
of the Rules of the House of Representatives.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        PREEMPTION CLARIFICATION

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 6370 does not 
preempt any state, local, or tribal law.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                APPLICABILITY TO THE LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H.R. 6370 makes no changes in existing law.
    
    
