Text: H.R.4066 — 108th Congress (2003-2004)All Information (Except Text)

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Public Law No: 108-389 (10/30/2004)

 
[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.

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