29–006

108TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 2d Session 108–702

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. 

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(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 nonFederal 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 nonFederal 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. 

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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 unaniVerDate jul 14 2003 00:27 Sep 30, 2004 Jkt 029010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR702.XXX HR702
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mous 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. 

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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.

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