II 109th CONGRESS 1st Session S. 1832 IN THE SENATE OF THE UNITED STATES October 6, 2005 Mr. Inhofe (for himself and Mr. Coburn) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the Secretary of the Interior to lease oil and gas resources underlying Fort Reno, Oklahoma, to establish the Fort Reno Management Fund, and for other purposes.

1.

Short title

This Act may be cited as the Fort Reno Mineral Leasing Act.

2.

Definitions

In this Act: (1)

Board of regents

The term Board of Regents means the Board of Regents of the University of Oklahoma. (2)

Fort reno historic district

The term Fort Reno Historic District means the former military installation at El Reno, Oklahoma, as depicted on the map, that— (A)includes land and facilities listed on the National Register of Historic Places in June 1970; and (B)is administered by the Secretary as part of the Fort Reno Management Area. (3)

Fort Reno Management area

The term Fort Reno Management Area means the approximately 6,737 acres of Federal land, including Fort Reno and the Park, as depicted on the map. (4)

Fund

The term Fund means the Fort Reno Management Fund established by section 4(a). (5)

Map

The term map means the map entitled Fort Reno Management Area and dated September 2005. (6)

Park

The term Park means the approximately 24.3 acres of land in the State of Oklahoma known as the Fort Reno Science Park, as generally depicted on the map. (7)

Park instrument

(A)

In general

The term Park instrument means an instrument covering an agreement between the Department of Agriculture and the Board of Regents relating to the use of the Park. (B)

Inclusions

The term Park instrument includes— (i)the master memorandum of understanding, dated August 19, 1998; (ii)the supplements numbered 1 and 2, dated January 19, 1999; (iii)the easement, dated January 19, 1999; (iv)the amended easement deed, dated February 24, 2004; (v)a special warranty deed, dated May 29, 2001; and (vi)a memorandum of agreement, dated February 24, 2004. (8)

Secretary

The term Secretary means the Secretary of the Interior.

3.

Fort Reno management area

(a)

Authorization by Congress required for declaration as excess or surplus property or conveyance

Notwithstanding any other provision of law, the Fort Reno Management Area, without specific authorization by Congress, shall not, in whole or part— (1)be declared to be excess or surplus Federal property under subtitle I of title 40, United States Code; (2)be conveyed; or (3)be transferred to the administrative jurisdiction of any other Federal agency. (b)

Mineral leasing

(1)

In general

Notwithstanding the provisions of the first section of the Mineral Leasing Act of 1920 (30 U.S.C. 181) excluding Federal land in incorporated cities from mineral leasing, the Secretary may provide for mineral leasing at the Fort Reno Management Area in accordance with that Act, subject to such terms and conditions as the Secretary of Agriculture determines to be appropriate to preserve and protect historic properties and ongoing and prospective research activities. (2)

Environmental analyses

After the date of enactment of this Act, no further administrative or environmental analyses shall be required for the leasing and development of minerals at the Fort Reno Management Area. (c)

Availability of map

The map shall be on file and available for public inspection in— (1)the office of the Administrator of the Agricultural Research Center; and (2)the office of the Director of the Grazinglands Research Laboratory in El Reno, Oklahoma. (d)

Effect

Nothing in this section precludes the Secretary of Agriculture from granting utilities or access easements for, or issuing temporary permits for the use of, the Fort Reno Management Area.

4.

Fort Reno Management Fund

(a)

Establishment

There is established in the Treasury of the United States a revolving fund, to be known as the Fort Reno Management Fund, consisting of— (1)such amounts as are appropriated to the Fund under subsection (b); (2)such amounts as are deposited under section 6(b)(1)(B); and (3)any interest earned on investment of amounts in the Fund under subsection (d). (b)

Transfers to Fund

Notwithstanding section 35 of the Mineral Leasing Act (30 U.S.C. 191), there are appropriated to the Fund amounts equivalent to amounts received in the Treasury as proceeds from the leasing of mineral resources at the Fort Reno Management Area under section 3(b). (c)

Expenditures from Fund

(1)

In general

On request by the Secretary of Agriculture, the Secretary of the Treasury shall transfer from the Fund to the Administrator of the Agricultural Research Service— (A)such amounts as the Administrator determines are necessary, but not more than a total of $22,000,000, to provide, with respect to the Fort Reno Historic District— (i)the restoration, maintenance, and management of historic buildings and facilities; (ii)the interpretation, education, and visitor services and related activities in connection with historic buildings and facilities; (iii)the provision and maintenance of facilities for utilities, waste management, streets, visitor parking, and other improvements necessary or desirable for providing public and administrative services; and (iv)to reimburse the Secretary for the costs of administering a mineral leasing program for the Fort Reno Management Area under section 3(b). (B)not more than $250,000 for each fiscal year, as adjusted under paragraph (4), to be deposited in a repair and maintenance fund established by the Secretary of Agriculture for the Fort Reno Historic District. (2)

Reduction of national debt

Any amounts remaining in the Fund after the transfers are made under subparagraphs (A) and (B) of paragraph (1) shall be used to reduce the debt of the United States. (3)

Consultation

In making expenditures from the Fund under clauses (i), (ii), and (iii) of paragraph (1)(A), the Administrator of the Agricultural Research Service shall consult with— (A)Historic Fort Reno, Inc., (or any successors or assigns); and (B)the Oklahoma State Historic Preservation Officer. (4)

Inflation adjustment

For each fiscal year, the amount specified in paragraph (1)(B) shall be increased by 4 percent. (d)

Investment of amounts

(1)

In general

The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. (2)

Interest-bearing obligations

Investments may be made only in interest-bearing obligations of the United States. (3)

Acquisition of obligations

For the purpose of investments under paragraph (1), obligations may be acquired— (A)on original issue at the issue price; or (B)by purchase of outstanding obligations at the market price. (4)

Sale of obligations

Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (5)

Credits to Fund

The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (e)

Transfers of amounts

(1)

In general

The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2)

Adjustments

Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.

5.

Ratification of fort reno science park instrument

(a)

In general

The Park instrument is ratified. (b)

Amendments

The Park instrument may only be amended or revoked if the parties to the Park instrument agree to the amendment or revocation.

6.

Leasing authority

(a)

In general

The Secretary of Agriculture may— (1)lease to any person or entity any property at the Fort Reno Management Area, subject to any terms and conditions that the Secretary of Agriculture determines to be in the public interest; (2)(A)if the Board of Regents agrees to the conversion, convert to a lease, for no additional consideration, the easements to the Park referred to in section 2(5)(B); and (B)extend the lease converted under subparagraph (A), subject to any terms and conditions that the Secretary of Agriculture and the Board of Regents agree to, including terms and conditions that provide that— (i)the initial term of the lease shall expire on February 3, 2049; and (ii)the lease may be renewable for additional 20-year terms. (b)

Special terms and conditions

(1)

Consideration

(A)

In general

Subject to any terms and conditions that the parties to the lease agree to, consideration for a lease under subsection (a)(1) may be in the form of— (i)conveyance to the Secretary of Agriculture of title to any non-Federal structures of, or improvements to, the Fort Reno Management Area; (ii)repairs or renovations to structures of, or improvements to, the Fort Reno Management Area, that are conducted before or after the lease is entered into; (iii)cash; or (iv)a combination of any of the forms of consideration described in clauses (i) through (iii). (B)

Disposition in fund

Any amount received as consideration for a lease under subparagraph (A) shall be deposited in the Fund. (2)

Term

(A)

In general

Except as provided in subsection (a)(2)(B) and subparagraph (B), the term of any lease shall be for not more than 20 years. (B)

Renewal

Notwithstanding subparagraph (A), a lease may be renewed at the option of the parties, subject to any terms and conditions that— (i)the Secretary of Agriculture determines to be in the public interest; and (ii)are agreed to by the parties to the lease.

7.

Effect

(a)

In general

Nothing in this Act limits or modifies the authority of the Secretary of Agriculture— (1)to conduct research activities at the Fort Reno Management Area; or (2)to manage the Federal land under the jurisdiction of the Secretary of Agriculture for research purposes. (b)

Grazinglands research laboratory

Designation of the Federal land at El Reno, Oklahoma, as the Fort Reno Management Area does not affect the name or operations of the Grazinglands Research Laboratory.