[110th Congress Public Law 364]
[From the U.S. Government Printing Office]
[DOCID: f:publ364.110]
[[Page 4017]]
OREGON SURPLUS FEDERAL
LAND ACT OF 2008
[[Page 122 STAT. 4018]]
Public Law 110-364
110th Congress
An Act
To transfer excess Federal property administered by the Coast Guard to
the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw
Indians. <<NOTE: Oct. 8, 2008 - [H.R. 6370]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Oregon
Surplus Federal Land Act of 2008.>>
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.-- <<NOTE: Deadline.>> 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--
[[Page 122 STAT. 4019]]
(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
[[Page 122 STAT. 4020]]
(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).
Approved October 8, 2008.
LEGISLATIVE HISTORY--H.R. 6370:
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HOUSE REPORTS: No. 110-865 (Comm. on Transportation and Infrastructure).
CONGRESSIONAL RECORD, Vol. 154 (2008):
Sept. 22, considered and passed House.
Sept. 24, considered and passed Senate.
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