[House Report 108-702]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-702
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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.