II 

110TH CONGRESS 

2D SESSION S. 3194 

To transfer surplus Federal land administered by the Coast Guard in the 

State of Oregon. 

IN THE SENATE OF THE UNITED STATES 

JUNE 25, 2008 

Mr. SMITH (for himself and Mr. WYDEN) introduced the following bill; which 

was read twice and referred to the Committee on Indian Affairs 

A BILL 

To transfer surplus Federal land administered by the Coast 

Guard in the State of Oregon. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Oregon Surplus Fed5 eral Land Act of 2008’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) COMMANDANT.—The term ‘‘Commandant’’ 

9 means the Commandant of the Coast Guard. 


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1 (2) LIGHT STATION.—The term ‘‘Light Sta2 tion’’ means the Cape Arago Light Station on 

3 Chief’s Island in the State of Oregon. 

4 (3) MAPS.—The term ‘‘maps’’ means the maps 

5 filed under section 3(d) 

6 (4) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of the Interior. 

8 (5) TRIBES.—The Term ‘‘Tribes’’ means the 

9 Confederated Tribes of the Coos, Lower Umpqua, 

10 and Siuslaw Indians in the State of Oregon. 

11 SEC. 3. TRANSFER OF ADMINISTRATIVE JURISDICTION. 

12 (a) IN GENERAL.—As soon as practicable after the 

13 date of enactment of this Act and subject to subsection 

14 (c), the Commandant shall transfer to the Secretary, to 

15 hold in trust for the benefit of the Tribes, administrative 

16 jurisdiction over the Federal land described in subsection 

17 (b). 

18 (b) DESCRIPTION OF LAND.—The Federal land re19 ferred to in subsection (a) consists of the parcels of Coast 

20 Guard land (including any improvements to the land) com21 prising approximately 24 acres, located in Coos County, 

22 Oregon, in the areas commonly known as ‘‘Gregory Point’’ 

23 and ‘‘Chief’s Island’’, as depicted on the maps. 

24 (c) CONDITIONS.— 


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1 (1) COMPLIANCE WITH APPLICABLE LAW.—Be2 fore completing the transfer of administrative juris3 diction under subsection (a), the Commandant shall 

4 execute any actions required to comply with applica5 ble environmental and cultural resources laws. 

6 (2) TRUST STATUS.—On transfer of adminis7 trative jurisdiction over the land under subsection 

8 (a), the land transferred to the Secretary shall be— 

9 (A) held in trust by the United States for 

10 the Tribes; and 

11 (B) included in the reservation of the 

12 Tribes. 

13 (3) MAINTENANCE OF CAPE ARAGO LIGHT STA14 TION.— 

15 (A) IN GENERAL.—The transfer of admin16 istrative jurisdiction over the Light Station 

17 under subsection (a) shall be subject to the con18 ditions that the Tribes— 

19 (i) shall— 

20 (I) use, and make reasonable ef21 forts to maintain, the Light Station in 

22 accordance with— 

23 (aa) the National Historic 

24 Preservation Act (16 U.S.C. 470 

25 et seq.); 


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1 (bb) the Secretary of the In2 terior’s Standards for the Treat3 ment of Historic Properties 

4 under part 68 of title 36, Code of 

5 Federal Regulations; and 

6 (cc) any other applicable 

7 laws; and 

8 (II) submit any proposed changes 

9 to the Light Station for review and 

10 approval by the Secretary, in con11 sultation with the Oregon State His12 toric Preservation Officer, if the Sec13 retary determines that the changes 

14 are consistent with— 

15 (aa) section 800.5(a)(2)(vii) 

16 of title 36, Code of Federal Reg17 ulations; and 

18 (bb) the Secretary of the In19 terior’s Standards for Rehabilita20 tion under section 67.7 of title 

21 36, Code of Federal Regulations; 

22 (ii) shall make the Light Station 

23 available to the general public for edu24 cational, park, recreational, cultural, or 

25 historic preservation purposes at times and 


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1 under conditions determined to be reason2 able by the Secretary; 

3 (iii) shall not— 

4 (I) sell, convey, assign, exchange, 

5 or encumber the Cape Arago Light 

6 Station (or any part of the Light Sta7 tion) or any associated historic arti8 fact conveyed in conjunction with the 

9 transfer under subsection (a), unless 

10 the sale, conveyance, assignment, ex11 change, or encumbrance is approved 

12 by Secretary; or 

13 (II) conduct any commercial ac14 tivities at the Cape Arago Light Sta15 tion (or any part of the Light Station) 

16 or in connection with any historic arti17 fact conveyed in conjunction with the 

18 transfer under subsection (a) in any 

19 manner, unless the commercial activi20 ties are approved by the Secretary; 

21 and 

22 (iv) shall allow the United States, at 

23 any time, to enter the Light Station with24 out notice, for purposes of ensuring com25 pliance with this section, to the extent that 


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1 it is not practicable to provide advance no2 tice. 

3 (B) REVERSION.—If the Tribes fail to 

4 meet any condition described in subparagraph 

5 (A), the Light Station, or any associated his6 toric artifact conveyed in conjunction with the 

7 transfer under subsection (a), shall, at the op8 tion of the Secretary— 

9 (i) revert to the United States; and 

10 (ii) be placed under the administrative 

11 control of the Secretary. 

12 (d) MAPS AND LEGAL DESCRIPTIONS.— 

13 (1) IN GENERAL.—As soon as practicable after 

14 the date of enactment of this Act, the Commandant 

15 shall file the maps entitled ‘‘Confederated Tribes of 

16 the Coos, Lower Umpqua, and Siuslaw Land Trans17 fer Maps’’ and legal descriptions of the parcels to be 

18 transferred under subsection (a) with— 

19 (A) the Committee on Commerce, Science, 

20 and Transportation of the Senate; 

21 (B) the Committee on Transportation and 

22 Infrastructure of the House of Representatives; 

23 and 

24 (C) the Secretary. 


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1 (2) FORCE OF LAW.—The maps and legal de2 scriptions filed under paragraph (1) shall have the 

3 same force and effect as if included in this Act, ex4 cept that the Commandant may correct any errors 

5 in the maps and legal descriptions. 

6 (3) AVAILABILITY.—Each map and legal de7 scription filed under paragraph (1) shall be on file 

8 and available for public inspection in the appropriate 

9 office of the Department of the Interior. 

10 (e) EASEMENTS.—The Coast Guard may retain ease11 ments or other property interests as may be necessary 

12 across the property described in subsection (b) to operate, 

13 maintain, relocate, install, improve, replace, or remove any 

14 aid to navigation located on the land for such period as 

15 the aid to navigation may be required by the Coast Guard. 

16 (f) TRIBAL FISHING RIGHTS.—No fishing rights of 

17 the Tribes that are in existence on the date of enactment 

18 of this Act shall be enlarged, impaired, or otherwise af19 fected by the transfer of administrative jurisdiction under 

20 subsection (a). 

Æ 


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