PUBLIC LAW 110–364—OCT. 8, 2008 

OREGON SURPLUS FEDERAL 

LAND ACT OF 2008 


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122 STAT. 4018 PUBLIC LAW 110–364—OCT. 8, 2008 

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. 

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— 

Deadline. 

Oregon Surplus 

Federal Land 

Act of 2008. 

Oct. 8, 2008 

[H.R. 6370] 


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PUBLIC LAW 110–364—OCT. 8, 2008 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 


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122 STAT. 4020 PUBLIC LAW 110–364—OCT. 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. 

Æ 

(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. 


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