[108th Congress Public Law 389]
[From the U.S. Government Printing Office]
[DOCID: f:publ389.108]
[[Page 118 STAT. 2239]]
Public Law 108-389
108th Congress
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. <<NOTE: Oct. 30, 2004 - [H.R. 4066]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Chickasaw
National Recreation Area Land Exchange Act of 2004. 16 USC 460hh
note.>>
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
[[Page 118 STAT. 2240]]
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) <<NOTE: Deadline.>> 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--
[[Page 118 STAT. 2241]]
(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.
Approved October 30, 2004.
LEGISLATIVE HISTORY--H.R. 4066 (S. 2374):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 108-702 (Comm. on Resources).
SENATE REPORTS: No. 108-369 accompanying S. 2374 (Comm. on Energy and
Natural Resources).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Sept. 28, considered and passed House.
Oct. 10, considered and passed Senate.
<all>