Text: H.R.6370 — 110th Congress (2007-2008)All Information (Except Text)

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Public Law No: 110-364 (10/08/2008)

 
[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:
---------------------------------------------------------------------------

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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