[House Report 108-702]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-702
======================================================================


 
      CHICKASAW NATIONAL RECREATION AREA LAND EXCHANGE ACT OF 2004

                                _______
                                

 September 28, 2004.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 4066]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 4066) 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, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

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

SEC. 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.

SEC. 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.

SEC. 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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4066 is 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.

                  BACKGROUND AND NEED FOR LEGISLATION

    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. 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.
    More recently, the Chickasaw Nation has expressed interest 
in establishing a cultural center inside or adjacent to the 
Recreation Area. 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.
    The land ultimately selected to be conveyed to the 
Chickasaw Nation holds significant historical and cultural 
connections to the people of the Nation. 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 
exchange with the United States. 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. The 
National Park Service, the Chickasaw Nation, and the City of 
Sulphur, Oklahoma, have signed a preliminary agreement to 
effect a land exchange to allow the construction of a cultural 
center and to further protect the watershed and riparian 
resources of the Recreation Area.
    The purpose of H.R. 4066 then is to authorize the 
aforementioned land conveyance in a manner consistent with the 
signed preliminary agreement; with one caveat. The caveat which 
results in a slight deviation from the conditions outlined in 
the signed preliminary agreement deals only with the proposed 
conveyance of land from the United States to the Chickasaw 
Nation. Under the agreement, the United States would place this 
land in trust for the Nation; however based on a subsequent 
agreement reached by all parties involved, the United States 
will now convey the land in question in fee simple to the 
Chickasaw Nation. The need for this deviation arises from the 
concern that language contained in the preliminary agreement 
directing the placement in trust of the land for the Chickasaw 
Nation could be interpreted to infringe upon their sovereign 
rights. Directing the conveyance in fee simple rather than 
trust status addresses this concern.

                            COMMITTEE ACTION

    H.R. 4066 was introduced on March 30, 2004, by Congressman 
Tom Cole (R-OK). The bill was then referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
National Parks, Recreation and Public Lands. On July 15, 2004, 
the Subcommittee held a hearing on the bill. On September 15, 
2004, the Full Resource Committee met to consider the bill. By 
unanimous consent, the Subcommittee on National Parks, 
Recreation and Public Lands was discharged from further 
consideration of the bill. Congressman Cole offered an 
amendment in the nature of a substitute. The amendment 
addressed technical concerns raised by the Administration 
during its testimony in Subcommittee and directed a fee simple 
rather than trust status conveyance to the Nation. The 
amendment was agreed to by unanimous consent. No further 
amendments were offered. The bill, as amended was then ordered 
favorably reported to the House of Representatives by unanimous 
consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 4066--Chickasaw National Recreation Area Land Exchange Act of 2004

    H.R. 4066 would direct the National park Service (NPS) to 
convey to the Chickasaw Nation about 29 acres of land within 
the Chickasaw National Recreation Area (NRA) in exchange for 
about 39 acres of nearby tribal property. Once acquired by the 
NPS, the new property would be added to the NRA.
    Based on information provided by the NPS, CBO estimates 
that implementing H.R. 4066 would have no significant impact on 
the federal budget and would not affect revenues or direct 
spending. For this estimate, CBO assumes that the properties to 
be exchanged would be determined by NPS to be roughly equal in 
value.
    H.R. 4066 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments. 
The exchange authorized by this bill would benefit the 
Chickasaw Nation and the city of Sulphur, Oklahoma. Their 
participation in the exchange would be voluntary.
    The CBO staff contacts for this estimate are Deborah Reis 
(for federal costs) and Marjorie Miller (for the state, local, 
and tribal impact). This estimate was approved by Peter H. 
Fontaine, Deputy Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
