[Congressional Record Volume 143, Number 153 (Wednesday, November 5, 1997)]
[Senate]
[Page S11778]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. NICKLES:
  S. 1381. A bill to direct the Secretary of the Army to convey lands 
acquired for the Candy Lake project, Osage County, OK; to the Committee 
on Environment and Public Works.


               THE CANDY LAKE LAND CONVEYANCE ACT OF 1997

  Mr. NICKLES. Mr. President, today, I am introducing the Candy Lake 
Land Conveyance Act of 1997. The purpose of this legislation is to 
direct the Secretary of the Army to convey lands acquired for the Candy 
Lake project in Osage County, OK, back to the original landowners.
  Briefly, the U.S. Army Corps of Engineers acquired 3,657.45 acres of 
land in Osage County from 21 landowners for the purpose of constructing 
Candy Lake. The project was not constructed, and in December 1996, the 
Corps of Engineers declared the Candy Lake property excess to the needs 
of the Federal Government.
  My legislation will give each of the 21 landowners the option to 
purchase their original property from the Federal Government at fair 
market value. If a landowner, or their descendant, opts not to purchase 
their former property, that land will be disposed of in accordance with 
the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 
471 et seq.).
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1381

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

     SECTION. 1. DEFINITIONS.

       In this Act:
       (1) Fair market value.--The term ``fair market value'' 
     means the amount for which a willing buyer would purchase and 
     a willing seller would sell a parcel of land, as determined 
     by a qualified, independent land appraiser.
       (2) Previous owner of land.--The term ``previous owner of 
     land'' means a person (including a corporation) that 
     conveyed, or a descendant of an individual who conveyed, land 
     to the Army Corps of Engineers for use in the Candy Lake 
     project in Osage County, Oklahoma.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army.

     SEC. 2. LAND CONVEYANCES.

       (a) In General.--The Secretary, acting through the Real 
     Estate Division of the Tulsa District, Army Corps of 
     Engineers, shall convey, in accordance with this section, all 
     right, title, and interest of the United States in and to the 
     land acquired by the United States for the Candy Lake project 
     in Osage County, Oklahoma.
       (b) Previous Owners of Land.--
       (1) In general.--The Secretary shall give a previous owner 
     of land first option to purchase the land described in 
     subsection (a) that was owned by the previous owner of land 
     or by the individual from whom the previous owner of land is 
     descended.
       (2) Application.--
       (A) In general.--A previous owner of land that desires to 
     purchase the land described in subsection (a) that was owned 
     by the previous owner of land, or by the individual from whom 
     the previous owner of land is descended, shall file an 
     application to purchase the land with the Secretary not later 
     than 180 days after the official date of notice to the 
     previous owner of land under section 3.
       (B) First to file has first option.--If more than 1 
     application is filed for a parcel of land described in 
     subsection (a), first options to purchase the parcel of land 
     shall be allotted in the order in which applications for the 
     parcel of land were filed.
       (3) Identification of previous owners of land.--As soon as 
     practicable after the date of enactment of this Act, the 
     Secretary shall, to the extent practicable, identify each 
     previous owner of land.
       (4) Consideration.--Consideration for land conveyed under 
     this subsection shall be the fair market value of the land.
       (c) Disposal.--Any land described in subsection (a) for 
     which an application has not been filed under subsection 
     (b)(2) within the applicable time period shall be disposed of 
     in accordance with the Federal Property and Administrative 
     Services Act of 1949 (40 U.S.C. 471 et seq.).
       (d) Extinguishment of Easements.--All flowage easements 
     acquired by the United States for use in the Candy Lake 
     project in Osage County, Oklahoma, are extinguished.

     SEC. 3. NOTICE.

       (a) In General.--The Secretary shall notify--
       (1) each person identified as a previous owner of land 
     under section 2(b)(3), not later than 30 days after 
     identification, by United States mail; and
       (2) the general public, not later than 30 days after the 
     date of enactment of this Act, by publication in the Federal 
     Register.
       (b) Contents of Notice.--Notice under this section shall 
     include--
       (1) a copy of this Act;
       (2) information sufficient to separately identify each 
     parcel of land subject to this Act; and
       (3) specification of the fair market value of each parcel 
     of land subject to this Act.
       (c) Official Date of Notice.--The official date of notice 
     under this section shall be the later of--
       (1) the date on which actual notice is mailed; or
       (2) the date of publication of the notice in the Federal 
     Register.

                          ____________________