[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4066 Enrolled Bill (ENR)]
H.R.4066
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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 then 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.