S 3194 ISCommentsClose CommentsPermalink

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

June 25, 2008CommentsClose CommentsPermalink

Mr. SMITH (for himself and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Indian AffairsCommentsClose CommentsPermalink

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Oregon Surplus Federal Land Act of 2008’.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) COMMANDANT- The term ‘Commandant’ means the Commandant of the Coast Guard.CommentsClose CommentsPermalink





(2) LIGHT STATION- The term ‘Light Station’ means the Cape Arago Light Station on Chief’s Island in the State of Oregon.CommentsClose CommentsPermalink





(3) MAPS- The term ‘maps’ means the maps filed under section 3(d)CommentsClose CommentsPermalink





(4) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(5) TRIBES- The Term ‘Tribes’ means the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians in the State of Oregon.CommentsClose CommentsPermalink

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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Conditions-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) TRUST STATUS- On transfer of administrative jurisdiction over the land under subsection (a), the land transferred to the Secretary shall be--CommentsClose CommentsPermalink





(A) held in trust by the United States for the Tribes; andCommentsClose CommentsPermalink





(B) included in the reservation of the Tribes.CommentsClose CommentsPermalink





(3) MAINTENANCE OF CAPE ARAGO LIGHT STATION-CommentsClose CommentsPermalink





(A) IN GENERAL- The transfer of administrative jurisdiction over the Light Station under subsection (a) shall be subject to the conditions that the Tribes--CommentsClose CommentsPermalink





(i) shall--CommentsClose CommentsPermalink





(I) use, and make reasonable efforts to maintain, the Light Station in accordance with--CommentsClose CommentsPermalink

(aa) the National Historic Preservation Act (16 U.S.C. 470 et seq.);CommentsClose CommentsPermalink

(bb) the Secretary of the Interior’s Standards for the Treatment of Historic Properties under part 68 of title 36, Code of Federal Regulations; andCommentsClose CommentsPermalink

(cc) any other applicable laws; andCommentsClose CommentsPermalink

(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--CommentsClose CommentsPermalink

(aa) section 800.5(a)(2)(vii) of title 36, Code of Federal Regulations; andCommentsClose CommentsPermalink

(bb) the Secretary of the Interior’s Standards for Rehabilitation under section 67.7 of title 36, Code of Federal Regulations;CommentsClose CommentsPermalink

(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;CommentsClose CommentsPermalink





(iii) shall not--CommentsClose CommentsPermalink





(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; orCommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(i) revert to the United States; andCommentsClose CommentsPermalink





(ii) be placed under the administrative control of the Secretary.CommentsClose CommentsPermalink





(d) Maps and Legal Descriptions-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) the Committee on Commerce, Science, and Transportation of the Senate;CommentsClose CommentsPermalink





(B) the Committee on Transportation and Infrastructure of the House of Representatives; andCommentsClose CommentsPermalink





(C) the Secretary.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink