[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2374 Reported in Senate (RS)]






                                                       Calendar No. 728
108th CONGRESS
  2d Session
                                S. 2374

                          [Report No. 108-369]

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 29, 2004

Mr. Nickles (for himself and Mr. Inhofe) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                           September 28, 2004

              Reported by Mr. Domenici, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Chickasaw National 
Recreation Area Land Exchange Act of 2004.''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSE.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) by provision 64 of the Agreement between the 
        United States and the Choctaws and Chickasaws dated March 21, 
        1902, approved by the Act of July 1, 1902 (32 Stat. 641, 655; 
        chapter 1362), 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;</DELETED>
        <DELETED>    (2) in 1976, Platt National Park, the Arbuckle 
        Recreation Area, and additional land were combined to create 
        Chickasaw National Recreation Area--</DELETED>
                <DELETED>    (A) to protect and expand water and other 
                resources; and</DELETED>
                <DELETED>    (B) to memorialize the history and culture 
                of the Chickasaw Nation;</DELETED>
        <DELETED>    (3) recently, the Chickasaw Nation has expressed 
        interest in establishing a cultural center inside or adjacent 
        to the park;</DELETED>
        <DELETED>    (4) in the Final Amendment to the General 
        Management Plan of the Chickasaw National Recreation Area 
        (1994), it was determined that--</DELETED>
                <DELETED>    (A) the best location for a proposed 
                Chickasaw Nation Cultural Center is within the existing 
                boundary of the recreation area; and</DELETED>
                <DELETED>    (B) the selected cultural center site 
                should be conveyed to the Chickasaw Nation in exchange 
                for land of equal value;</DELETED>
        <DELETED>    (5) the land selected to be conveyed to the 
        Chickasaw Nation holds significant historical and cultural 
        connections with the people of the Chickasaw Nation;</DELETED>
        <DELETED>    (6) the city of Sulphur, Oklahoma, is a key 
        partner in the land exchange through its donation of land to 
        the Chickasaw Nation for the purpose of exchange with the 
        United States;</DELETED>
        <DELETED>    (7) the City has conveyed fee simple title to the 
        non-Federal land described as Tract 102-26 to the Chickasaw 
        Nation by warranty deed; and</DELETED>
        <DELETED>    (8) the Secretary, the Chickasaw Nation, and the 
        City have signed a preliminary agreement to effect a land 
        exchange to allow the construction of a cultural center and 
        further protect the watershed and riparian resources of the 
        park.</DELETED>
<DELETED>    (b) Purpose.--The purpose of this Act is to provide for 
the land conveyance and trust acquisition in accordance with the terms 
and conditions of this Act.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) City.--The term ``City'' means the city of 
        Sulphur, Oklahoma.</DELETED>
        <DELETED>    (2) Federal land.--The term ``Federal land'' means 
        the Chickasaw National Recreational Area land and interests in 
        that land, identified as Tract 102-25 on the Map.</DELETED>
        <DELETED>    (3) Non-federal land.--The term ``non-Federal 
        land'' means the land and interests in land, formerly owned by 
        the City 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.</DELETED>
        <DELETED>    (4) 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.</DELETED>
        <DELETED>    (5) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>

<DELETED>SEC. 4. CHICKASAW NATIONAL RECREATION AREA LAND 
              CONVEYANCE.</DELETED>

<DELETED>    (a) Land Exchange; Trust Status.--</DELETED>
        <DELETED>    (1) Land exchange.--If the Chickasaw Nation 
        conveys to the United States fee simple title to the non-
        Federal land, the Secretary shall simultaneously convey to the 
        Chickasaw Nation all of the right, title, and interest of the 
        United States in and to the Federal land.</DELETED>
        <DELETED>    (2) Trust status.--On the exchange of land under 
        paragraph (1), the Secretary shall place the Federal land 
        conveyed to the Chickasaw Nation in trust for the benefit of 
        the Chickasaw Nation to allow the construction of a cultural 
        center and to protect the watershed and riparian resources of 
        the Chickasaw National Recreation Area.</DELETED>
<DELETED>    (b) Equal Value of Land.--The value of the Federal land 
and the non-Federal land shall be of approximately equal value, as 
determined by the Secretary through an appraisal performed by a 
qualified appraiser and in conformance with the Uniform Appraisal 
Standards for Federal Land Acquisitions.</DELETED>
<DELETED>    (c) Conditions.--Notwithstanding subsection (a), the land 
conveyance and trust acquisition under subsection (a) shall not take 
place until completion of all items included in the Preliminary 
Exchange Agreement among the City, the Chickasaw Nation, and the 
Secretary, executed on July 16, 2002.</DELETED>
<DELETED>    (d) Administration of Acquired Land.--On conveyance of the 
non-Federal land to the Secretary under this Act--</DELETED>
        <DELETED>    (1) the non-Federal land shall become part of the 
        Chickasaw National Recreation Area; and</DELETED>
        <DELETED>    (2) the Secretary shall manage the land in 
        accordance with the Act of August 25, 1916 (commonly known as 
        the ``National Park Service Act'') (16 U.S.C. 1 et seq.) and 
        the other laws (including regulations) applicable to the 
        National Park System.</DELETED>
<DELETED>    (e) Boundary Revision.--On completion of the land exchange 
under subsection (a), the Secretary shall revise the boundary of 
Chickasaw National Recreation Area to reflect the acquisition of the 
non-Federal land conveyed to the United States.</DELETED>

SECTION 1. SHORT TITLE.

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

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Federal land.--The term ``Federal land'' means the 
        Chickasaw National Recreational Area land and interests in the 
        land, identified as Tract 102-25 on the Map.
            (2) Non-federal land.--The term ``non-Federal land'' means 
        the land and interests in the land 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.

SEC. 3. CHICKASAW NATIONAL RECREATION AREA LAND CONVEYANCE.

    (a) Land Conveyance.--Not later 180 days 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) Equal Value of Land.--The value of the Federal land and the 
non-Federal land shall be of approximately equal value, as determined 
by the Secretary through an appraisal performed by a qualified 
appraiser and in conformance with the Uniform Appraisal Standards for 
Federal Land Acquisitions.
    (c) 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 provisions 
        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.--Completion of the provisions in section 
        III.B.3. of 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 be required.
    (d) Administration of Acquired Land.--On completion of the land 
exchange authorized under subsection (a), the Secretary--
            (1) shall revise the boundary of Chickasaw National 
        Recreation Area to reflect the exchange; and
            (2) shall administer the land acquired by the United States 
        in accordance with applicable laws (including regulations).
                                                       Calendar No. 728

108th CONGRESS

  2d Session

                                S. 2374

                          [Report No. 108-369]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 28, 2004

                       Reported with an amendment