[Senate Report 108-369]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 728
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-369
======================================================================


 
      CHICKASAW NATIONAL RECREATION AREA LAND EXCHANGE ACT OF 2004

                                _______
                                

               September 28, 2004.--Ordered to be printed

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2374]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2374) 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, reports favorably thereon 
with an amendment and recommends that the bill, as amended, do 
pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

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 than 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).

                         PURPOSE OF THE MEASURE

    As ordered reported, the purpose of S. 2374 is to authorize 
the Secretary of the Interior to enter into a land exchange 
with the Chickasaw Nation involving lands in the Chickasaw 
National Recreation Area, Oklahoma, and to revise the boundary 
of the recreation area accordingly.

                          BACKGROUND AND NEED

    Provision 64 of the Agreement between the United States and 
the Choctaws and Chickasaws dated March 21, 1902 was approved 
by the Act of July 1, 1902 (chapter 1362) (32 Stat. 641, 655). 
This Act ceded 640 acres of property to the United States for 
the purpose of creating Sulphur Springs Reservation in 
Oklahoma. The purpose of setting aside the land, which later 
became known as the ``Platt National Park,'' was to provide 
public access and to protect water and other resources.
    In 1976, the Platt National Park, the Arbuckle Recreation 
Area, and additional lands were combined to create the 
Chickasaw National Recreation Area (NRA). The purpose for 
creating the NRA was twofold: to protect and expand water and 
other resources; and to memorialize the history and culture of 
the Chickasaw Nation.
    To fulfill the purpose of the NRA, the environmental impact 
statement for the General Management Plan of the Chickasaw 
National Recreation Area examined several different locations 
for a proposed Chickasaw Nation Cultural Center. The Chickasaw 
Nation had recently expressed an interest in establishing a 
cultural center inside or adjadent to the NRA.
    The general management plan, which was completed in 1994, 
determined that the best site for the Chickasaw Nation Cultural 
Center was located within the existing boundary of the NRA. The 
site was also suitable because it contained great historical 
and cultural significance to the people of the Chickasaw 
Nation. To facilitate the construction of the cultural center, 
the National Park Service proposed to convey this site, in 
trust, to the Chickasaw Nation in exchange for land of equal 
value and with an agreement to further protect the watershed 
and riparian resources of the NRA. The City of Sulphur, 
Oklahoma, assisted the Chickasaw Nation by donating a parcel of 
land suitable for incorporation into the NRA. On July 16, 2002, 
the Secretary of the Interior, the Chickasaw Nation, and the 
City of Sulphur signed a preliminary agreement to exchange the 
land and allow the construction of a cultural center and to 
protect the watershed and riparian resources of the park.
    S. 2374 would authorize the Secretary of the Interior to 
complete the land exchange with the Chickasaw Nation for the 
purpose of constructing a cultural center and to further 
protect the watershed and riparian resources of the NRA.

                          LEGISLATIVE HISTORY

    Senators Nickles and Inhofe introduced S. 2374 on April 29, 
2004. A companion measure, H.R. 4066 was introduced by 
Representative Cole on March 30, 2004. The Committee on Energy 
and Natural Resources' Subcommittee on National Parks held a 
hearing on S. 2374 on July 15, 2004. At the business meeting on 
September 15, 2004, the Committee on Energy and Natural 
Resources ordered S. 2374, as amended, favorably reported.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in an open 
business session on September 15, 2004, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass S. 
2374, if amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 2374, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
removed the section containing congressional findings and 
purpose and language requiring the Secretary of the Interior to 
place the land conveyed to the Chickasaw Nation in trust to be 
used for the construction of a cultural center and for the 
protection of watershed and riparian resources. The amendment 
also requires the Secretary to complete the land exchange with 
the Chickasaw Nation no later than six months after the date 
the Chickasaw Nation conveys its parcel to the United States. 
The amendment is described in detail in the section-by-section 
analysis below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 entitles this Act the ``Chickasaw National 
Recreation Area Land Exchange Act of 2004.''
    Section 2 defines key terms used in the Act.
    Section 3 (a) authorizes the Secretary to convey to the 
Chickasaw Nation all right, title and interest to Federal land 
described in section 3(2) not later than six months after the 
receipt from the Chickasaw Nation of the title to the non-
Federal land described in section 3(3).
    Subsection (b) directs the Secretary to determine through 
an appraisal in conformance with the Uniform Appraisal 
Standards for Federal Land Acquisitions that the non-Federal 
land and the Federal land to be exchanged are of approximate 
equal value.
    Subsection (c) requires that the land exchange may not take 
place until all items identified in the Preliminary Exchange 
Agreement (July 16, 2002) among the city of Sulphur, Oklahoma, 
the Chickasaw Nation and the Secretary have been completed.
    Subsection (d) directs the Secretary to incorporate the 
non-Federal land acquired under this Act into the Chickasaw 
National Recreation Area and to manage the land in accordance 
with laws applicable to the National Park System and directs 
the Secretary to revise the boundary of the Chickasaw National 
Recreation Area to reflect acquisition of the non-Federal land 
once it has been conveyed to the United States.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office.

S. 2374--Chickasaw National Recreation Area Land Exchange Act of 2004

    S. 2374 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 S. 2374 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.
    S. 2374 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.
    On September 16, 2004, CBO transmitted a cost estimate for 
H.R. 4066, the Chickasaw National Recreation Area Land Exchange 
Act of 2004, as ordered reported by the House Committee on 
Resources on September 15, 2004. S. 2374 and H.R. 4066 are very 
similar, and the estimated cost of the two bills are identical.
    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.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 2374.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 2374.

                        EXECUTIVE COMMUNICATIONS

    On June 24, 2004, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 2374. These 
reports had not been received when this report was filed. The 
testimony provided by the Department of the Interior at the 
Subcommittee hearing on S. 2374 follows:

 Statement of A. Durand Jones, Deputy Director, National Park Service, 
                    U.S. Department of the Interior

    Mr. Chairman, thank you for the opportunity to present the 
views of the Department of the Interior on S. 2374. This bill 
would authorize a land exchange among the Chickasaw National 
Recreation Area, the Chickasaw Nation and the City of Sulphur, 
Oklahoma.
    The Department supports S. 2374 with amendments. The bill 
would authorize the Secretary of the Interior to exchange 
Federal land in a three-way agreement between the Chickasaw 
Nation, the National Park Service, and the City of Sulphur, 
Oklahoma. This bill would authorize the Secretary to convey 
approximately 29 acres of land owned by the National Park 
Service to the Chickasaw Nation in exchange for approximately 
39 acres of land donated to the Chickasaw Nation by the City of 
Sulphur, Oklahoma and direct the Secretary to place the land 
conveyed to the Chickasaw Nation in trust for the benefit of 
the Chickasaw Nation; allow the Chickasaw Nation to construct a 
cultural center on the trust land; and protect the watershed 
and riparian resources of Chickasaw National Recreation Area.
    The Chickasaw Nation has expressed an interest in 
establishing a cultural center inside or adjacent to the park. 
The cultural center would include a performing arts theater, 
plaza area, administration/cultural education center, visitor 
center, stickball field, village, agricultural field, 
amphitheater, and parking lots. In 2000, the NPS Intermountain 
Regional Director signed a letter of support to work with the 
Chickasaw Nation and the City of Sulphur to investigate the 
possibility of a land exchange to allow the construction of the 
cultural center on a site that includes property currently 
within the park's boundary, after that property has been 
exchanged for a property of equal value.
    This bill would provide the following benefits to the 
National Park Service, the Chickasaw Nation, and the City of 
Sulphur:
     The NPS would enhance its ability to protect 
scenic values and reduce potential land use encroachments on 
both the east and west boundaries of the park through close 
cooperative efforts with the Chickasaw Nation and the City of 
Sulphur. The Chickasaw National Recreation Area, through a 
partnership with the Chickasaw Nation, would provide access to 
the culture and history of the Chickasaw Nation, in a way that 
allows the Nation to tell their story to the millions of park 
visitors. The addition of Tract 102-26 to Chickasaw National 
Recreation Area would help to protect Wilson Creek and its 
drainage, a major tributary to Veterans Lake located within 
current park boundaries.
     The Chickasaw Nation would establish an important 
research, education, and museum facility to document and extend 
understanding of their culture to its members and visitors on 
lands that hold significant historical connection to the 
Chickasaw Nation.
     The City of Sulphur and the surrounding Murray 
County communities would contribute to the protection of land 
resources within the county, while providing additional 
economic development potential to the local economies.
     Enactment of this bill would acknowledge and 
support the long and vibrant partnership among the National 
Park Service, the Chickasaw Nation, and the citizens of 
Oklahoma.
    Set aside as Sulphur Springs Reservation in 1902, Chickasaw 
National Recreation Area has gone through several expansions 
and name changes. The Chickasaw Nation, fearful that Seven 
Springs now ``Pavilion Springs'' would end up in the hands of 
private developers, agreed to cede the springs to the Federal 
government. Amending the Treaty of Atoka of 1897, the Chickasaw 
and the Choctaw ceded a tract of 640 acres containing the 
springs to the Federal government for $20 an acre. The 
government set aside the 640 acres as the Sulphur Springs 
Reservation in 1902. In 1904, 218 acres were added and Sulphur 
Springs Reservation was opened to the public. Renamed Platt 
National Park in 1906 in honor of Senator Orville H. Platt of 
Connecticut, it carried that name for the next 70 years.
    In the mid 1960's, a series of events occurred including 
the construction of Arbuckle Dam and Lake, the formation and 
management of the Arbuckle Recreation Area by the NPS, and the 
addition of land along Rock Creek to connect the recreation 
area to Platt National Park. In 1976, Platt National Park, the 
Arbuckle Recreation Area, and additional lands were combined 
and renamed Chickasaw National Recreation Area to protect and 
expand water and other resources, to memorialize the history 
and culture of the Chickasaw Nation, and to provide for public 
outdoor recreation.
    From prehistoric times to the present, access to the 
combination of cool water, mineral springs, cool breezes, 
shade, and wildlife has created at Chickasaw National 
Recreation Area an experience that sets it apart from the 
surrounding environment. The springs and streams of Chickasaw 
come from a complex geological and hydrological feature and 
these resources have been economically and environmentally 
significant throughout the history of the region, and are 
valuable for scientific research.
    The park holds a vast diversity of natural resources. These 
unique flora, fauna, waters, and geological formations have 
withstood the external pressures of man made and natural 
changes.
    The Secretary, the Chickasaw Nation and the City have 
completed all required environmental compliance and have signed 
a preliminary agreement to effect the land exchange to allow 
the construction of a cultural center. The value of the federal 
land and non-federal land is approximately equal, 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. Through the signed 
preliminary agreement, the Chickasaw Nation has agreed to bear 
all costs associated with this transfer, including 
environmental surveys, appraisals, boundary surveys, title 
examinations, and closing costs.
    The land to be conveyed to the Chickasaw Nation holds 
significant historical and cultural connections for the people 
of the Nation, and the proposed use by the Nation is consistent 
with protecting park values.
    The Department proposes two amendments following this 
statement. First, we are concerned that the bill does not 
specify what duties and responsibilities are required of the 
Secretary in taking the land into trust. The Department has 
devoted a great deal of time to trust reform discussions. The 
nature of the trust relationship is now often the subject of 
litigation, and much of the current controversy over trust 
stems from the failure to have clear guidance as to the 
parameters, roles and responsibilities of the trustee and the 
beneficiary. As Trustee, the Secretary may face a variety of 
issues, including land use and zoning issues. Accordingly, the 
Secretary's trust responsibility to manage the land should be 
addressed with clarity and precision.
    The Department has an established regulatory process for 
taking land into trust that would provide such clarification. 
Before land is taken into trust through this process, the 
Secretary considers important issues such as the use of the 
land and the potential impact upon the relationship between the 
tribe and local residents. If Congress directs the Secretary to 
take land into trust, as it does in the bill, we feel that 
Congress should clarify what that relationship means. Both the 
Executive Branch and the Judicial Branch are faced with the 
question of what exactly does Congress intend when it puts land 
into trust status. Congress should decide these issues, not the 
courts.
    Therefore, we recommend the Committee set forth in the bill 
the specific trust duties it wishes the United States to assume 
with respect to the acquisition of these lands for the 
Chickasaw. For example, the bill should be more specific about 
the use of the trust property. We understand that the Chickasaw 
Nation, the State of Oklahoma, the City of Sulfur and the 
National Park Service have worked to address some of these 
issues, including the use of the trust land. An amendment that 
in part reflects this agreement is provided at the end of this 
testimony. The benefits of either the Department's regulatory 
approach or Congress providing more specific direction 
concerning the Secretary's trust duties are that it would 
clearly establish the beneficiary's expectations, clearly 
define the roles and responsibilities of each party, and 
establish how certain services are provided to tribal members.
    Second, we would like to clarify that the boundary of 
Chickasaw National Recreation Area will be adjusted to reflect 
the exchange of the two parcels.
    Mr. Chairman, that concludes my statement. I would be 
pleased to answer any questions you or other members of the 
subcommittee may have.

Proposed amendments

    Page 5, line 6 strike ``to allow the construction of a 
cultural center and to protect'' and insert ``for the exclusive 
purposes of constructing and operating a tribal cultural center 
to interpret the culture and history of the Chickasaw Nation 
and for protecting''.
    Page 6, line 8 strike all after ``Boundary Revision.--'' 
and insert ``Upon completion of the conveyance of the non-
Federal land to the Secretary pursuant to this Act, the 
Secretary shall revise the boundary of Chickasaw National 
Recreation Area to reflect the exchange with the Chickasaw 
Nation.''.

                        changes in existing law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 2374 as ordered 
reported.

                                  
