IB Union Calendar No. 430 108th CONGRESS 2d Session H. R. 4066 [Report No. 108–702] IN THE HOUSE OF REPRESENTATIVES March 30, 2004 Mr. Cole introduced the following bill; which was referred to the Committee on Resources September 28, 2004 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on March 30, 2004 A BILL To provide for the conveyance of certain land to the United States and to revise the boundary of Chickasaw National Recreation Area, Oklahoma, and for other purposes.

1.

Short title

This Act may be cited as the Chickasaw National Recreation Area Land Exchange Act of 2004.

2.

Findings and purpose

(a)

Findings

Congress finds the following: (1)By provision 64 of the agreement between the United States and the Choctaws and Chickasaws dated March 21, 1902 (32 Stat. 641, 655–56), approved July 1, 1902, 640 acres of property were ceded to the United States for the purpose of creating Sulphur Springs Reservation, later known as Platt National Park, to protect water and other resources and provide public access. (2)In 1976, Platt National Park, the Arbuckle Recreation Area, and additional lands were combined to create Chickasaw National Recreation Area to protect and expand water and other resources as well as to memorialize the history and culture of the Chickasaw Nation. (3)More recently, the Chickasaw Nation has expressed interest in establishing a cultural center inside or adjacent to the park. (4)The Chickasaw National Recreation Area’s Final Amendment to the General Management Plan (1994) found that the best location for a proposed Chickasaw Nation Cultural Center is within the Recreation Area’s existing boundary and that the selected cultural center site should be conveyed to the Chickasaw Nation in exchange for land of equal value. (5)The land selected to be conveyed to the Chickasaw Nation holds significant historical and cultural connections to the people of the Chickasaw Nation. (6)The City of Sulphur, Oklahoma, is a key partner in this land exchange through its donation of land to the Chickasaw Nation for the purpose of exchange with the United States. (7)The City of Sulphur, Oklahoma, has conveyed fee simple title to the non-Federal land described as Tract 102–26 to the Chickasaw Nation by Warranty Deed. (8)The National Park Service, the Chickasaw Nation, and the City of Sulphur, Oklahoma, have signed a preliminary agreement to effect a land exchange for the purpose of the construction of a cultural center. (b)

Purpose

The purpose of this Act is to authorize, direct, facilitate, and expedite the land conveyance in accordance with the terms and conditions of this Act.

3.

Definitions

For the purposes of this Act, the following definitions apply: (1)

Federal land

The term Federal land means the Chickasaw National Recreational Area lands and interests therein, identified as Tract 102–25 on the Map. (2)

Non-federal land

The term non-Federal land means the lands and interests therein, formerly owned by the City of Sulphur, Oklahoma, and currently owned by the Chickasaw Nation, located adjacent to the existing boundary of Chickasaw National Recreation Area and identified as Tract 102–26 on the Map. (3)

Map

The term Map means the map entitled Proposed Land Exchange and Boundary Revision, Chickasaw National Recreation Area, dated September 8, 2003, and numbered 107/800035a. (4)

Secretary

The term Secretary means the Secretary of the Interior.

4.

Chickasaw national recreation area land conveyance

(a)

Land Conveyance

Not later than 6 months after the Chickasaw Nation conveys all right, title, and interest in and to the non-Federal land to the United States, the Secretary shall convey all right, title, and interest in and to the Federal land to the Chickasaw Nation. (b)

Valuation of Land to Be Conveyed

The fair market values of the Federal land and non-Federal land shall be determined by an appraisal acceptable to the Secretary and the Chickasaw Nation. The appraisal shall conform with the Federal appraisal standards, as defined in the Uniform Appraisal Standards for Federal Land Acquisitions developed by the Interagency Land Acquisition Conference, 1992, and any amendments to these standards. (c)

Equalization of Values

If the fair market values of the Federal land and non-Federal land are not equal, the values may be equalized by the payment of a cash equalization payment by the Secretary or the Chickasaw Nation, as appropriate. (d)

Conditions

(1)

In general

Notwithstanding subsection (a), the conveyance of the non-Federal land authorized under subsection (a) shall not take place until the completion of all items included in the Preliminary Exchange Agreement among the City of Sulphur, the Chickasaw Nation, and the National Park Service, executed on July 16, 2002, except as provided in paragraph (2). (2)

Exception

The item included in the Preliminary Exchange Agreement among the City of Sulphur, the Chickasaw Nation, and the National Park Service, executed on July 16, 2002, providing for the Federal land to be taken into trust for the benefit of the Chickasaw Nation shall not apply. (e)

Administration of Acquired Land

Upon completion of the land exchange authorized under subsection (a), the Secretary— (1)shall revise the boundary of Chickasaw National Recreation Area to reflect that exchange; and (2)shall administer the land acquired by the United States in accordance with applicable laws and regulations.