PUBLIC LAW 108–389—OCT. 30, 2004 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.

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

Chickasaw

National

Recreation Area

Land Exchange

Act of 2004.

16 USC 460hh

note.

Oct. 30, 2004

[H.R. 4066]

118 STAT. 2240 PUBLIC LAW 108–389—OCT. 30, 2004

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—

Deadline.

PUBLIC LAW 108–389—OCT. 30, 2004 118 STAT. 2241

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.

Æ

(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.