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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2736 Introduced in House (IH)]

  1st Session
                                H. R. 2736

 To direct the Secretary of Agriculture to dispose of certain Federal 
    land holdings in the State of Oklahoma, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            December 7, 1995

  Mr. Lucas introduced the following bill; which was referred to the 
     Committee on Resources, and in addition to the Committees on 
 Agriculture and Transportation and Infrastructure, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL

 
 To direct the Secretary of Agriculture to dispose of certain Federal 
    land holdings in the State of Oklahoma, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                 TITLE I--DISPOSAL OF LANDS IN OKLAHOMA

SECTION 101. SALE OF BLACK KETTLE AND RITA BLANCA NATIONAL GRASSLANDS 
              AND PROPERTY SURROUNDING OPTIMA LAKE AND RECREATION AREA.

    (a) General Directive.--Not later than September 30, 1996, and in 
accordance with this Act--
            (1) the Secretary of Agriculture shall offer for sale to 
        the public at fair market value all right, title, and interest 
        of the United States in and to the surface estate of those 
        portions of the Cibola National Forest, other than the property 
        subject to section 102, which are more particularly described 
        as--
                    (A) the Black Kettle National Grasslands, located 
                in the State of Oklahoma; and
                    (B) the Rita Blanca National Grasslands, located in 
                the State of Oklahoma; and
            (2) the Secretary of the Army, acting through the Chief of 
        Engineers, shall offer for sale to the public at fair market 
        value all right, title, and interest of the United States in 
        and to the real property acquired by the United States for the 
        project for flood control, Optima Lake, North Canadian River 
        Basin, Oklahoma, authorized by the Flood Control Act of 1936 
        (49 Stat. 1570).
    (b) Right of First Refusal.--Prior to offering lands for sale to 
the public under subsection (a), the Secretary shall afford the 
individuals from whom the lands were acquired by the United States or 
their descendants the opportunity to acquire the lands at fair market 
value.
    (c) Waiver.--The sale and transfer of lands under this Act shall 
not be subject to the Federal Property and Administrative Services Act 
of 1949 (40 U.S.C. 471).

SEC. 102. TRANSFERS OF PROPERTY FOR CERTAIN PUBLIC PURPOSES.

    (a) Skipout Lake, Dead Indian Lake, and Spring Creek Lake.--Not 
later than September 30, 1996, and upon request of the State of 
Oklahoma, the Secretary of Agriculture shall transfer, without 
consideration, to the Department of Tourism and Recreation of the State 
of Oklahoma those lands located in Roger Mills County, Oklahoma, known 
as Skipout Lake, Dead Indian Lake, and Spring Creek Lake, more 
particularly described as follows:
            (1) Skipout lake.--West Half and Northeast Quarter of 
        Section 5, Township 13 North, Range 25 West, Indian Meridian, 
        Roger Mills County, Oklahoma.
            (2) Dead indian lake.--East Half of Section 26 and the East 
        Half of Northwest Quarter of Section 26, Township 15 North, 
        Range 24 West, Indian Meridian, Roger Mills County, Oklahoma.
            Southeast Quarter of the Southwest Quarter of Section 23, 
        Township 15 North, Range 24 West, Indian Meridian, Roger Mills 
        County, Oklahoma.
            (3) Spring creek lake.--East Half of the Southwest Quarter 
        of Section 15, Township 15 North, Range 25 West, Indian 
        Meridian, Roger Mills County, Oklahoma.
            West Half of the Southwest Quarter of Section 14, Township 
        15 North, Range 25 West, Indian Meridian, Roger Mills County, 
        Oklahoma.
    (b) Optima Lake, North Canadian River Basin, Oklahoma.--
            (1) Project deauthorization.--The project for flood 
        control, Optima Lake, North Canadian River Basin, Oklahoma, 
        authorized by the Flood Control Act of 1936 (49 Stat. 1570), is 
        not authorized after the date of the enactment of this Act.
            (2) Transfer of property.--
                    (A) In general.--The Secretary shall transfer to 
                the State of Oklahoma, without consideration, all 
                right, title, and interest of the United States to that 
                portion of the real property described in subparagraph 
                (C), including all works, structures, and other 
                improvements to the real property.
                    (B) Terms and conditions.--The deed of conveyance 
                for the transfer of real property and improvements 
                under subparagraph (A) shall include such terms and 
                conditions as may be necessary to ensure that--
                            (i) the State of Oklahoma will hold the 
                        United States harmless from all claims arising 
                        from or through the operation of the real 
                        property and improvements; and
                            (ii) the State of Oklahoma will prohibit in 
                        perpetuity the construction of any residential 
                        or commercial structure in the flood plain 
                        created by the dam located on the real property 
                        and if the State does not prohibit such 
                        construction all or any portion of the real 
                        property will in its then existing condition, 
                        at the option of the United States, revert to 
                        the United States.
                    (C) The real property referred to in subparagraph 
                (A) consists of lands associated with the earthen dam, 
                and the recreation area adjacent to the dam, as 
                generally depicted on the map of the Corps of 
                Engineers, Tulsa District, entitled ``Optima Lake 
                Public Hunting Area'', dated 1993.

          TITLE II--WASHITA BATTLEFIELD NATIONAL HISTORIC SITE

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Washita Battlefield National 
Historic Site Act of 1995.''.

SEC. 202. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) the Battle of the Washita, November 27, 1868, was one 
        of the largest engagements between Plains tribes and the United 
        States Army on the Southern Great Plains. The site is a 
        registered National Historic Landmark;
            (2) Lt. Colonel George A. Custer, leading the 7th United 
        States Calvary, attacked the sleeping Cheyenne village of peace 
        chief Black Kettle. Custer's attack resulted in more than 150 
        Indian casualties, many of them women and children;
            (3) the Battle of the Washita symbolizes the struggle of 
        the Southern Great Plains tribes to maintain their traditional 
        lifeways and not to submit to reservation confinement; and
            (4) the Washita battle site possesses a high degree of 
        integrity and the cultural landscape is essentially intact. The 
        Cheyenne village site has not been altered substantially except 
        by periodic flooding of the Washita River.
    (b) Purposes.--The purposes of this title are to--
            (1) recognize the importance of the Battle of the Washita 
        as a nationally significant element of frontier military 
        history and as a symbol of the struggles of the Southern Great 
        Plains tribes to maintain control of their traditional use 
        areas; and
            (2) establish the site of the Battle of the Washita as a 
        national historic site and provide opportunities for American 
        Indian groups including the Cheyenne-Arapaho Tribe to be 
        involved in the formulation of plans and educational programs 
        for the national historic site.

SEC. 203. ESTABLISHMENT.

    (a) In General.--In order to provide for the preservation and 
interpretation of the Battle of the Washita, there is hereby 
established the Washita Battlefield National Historic Site in the State 
of Oklahoma (hereafter in this title referred to as the ``national 
historic site'').
    (b) Boundary.--
            (1) In general.--The national historic site shall consist 
        of--
                    (A) approximately 326 acres, as generally depicted 
                on the map entitled ``Washita Battlefield National 
                Historic Site'', numbered 20,000A and dated 12/95; and
                    (B) the private lands subject to conservation 
                easements referred to in section 205(b).
            (2) Map.--The map referred to in paragraph (1) shall be on 
        file in the offices of the Director of the National Park 
        Service, Department of the Interior, and other appropriate 
        offices of the National Park Service. The Secretary of the 
        Interior (hereafter in this title referred to as the 
        ``Secretary'') may, from time to time, make minor revisions in 
        the boundary of the national historic site in accordance with 
        section 7(c) of the Land and Water Conservation Act of 1965 (16 
        U.S.C. 460l-4 and following).

SEC. 204. ADMINISTRATION.

    (a) In General.--The Secretary, acting through the Director of the 
National Park Service, shall manage the national historic site in 
accordance with this title and the provisions of law generally 
applicable to units of the National Park System, including ``An Act to 
establish a National Park Service, and for other purposes'', approved 
August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4), and the Act of August 
21, 1935 (49 Stat. 666; 16 U.S.C. 461-467).
    (b) Management Purposes.--The Secretary shall manage the national 
historic site for the following purposes, among others:
            (1) To protect and preserve the national historic site, 
        including the topographic features important to the battle 
        site, artifacts and other physical remains of the battle, and 
        the visual scene as closely as possible as it was at the time 
        of the battle.
            (2) To interpret the cultural and natural resources of the 
        historic site, providing for public understanding and 
        appreciation of the area in such manner as to perpetuate these 
        qualities and values for future generations.
    (c) Consultation and Training.--The Secretary, acting through the 
Director of the National Park Service, shall consult regularly with the 
Cheyenne-Arapaho Tribe on the formulation of the management plan 
provisions referred to in section 206(5) of this title and on 
preparation of educational programs provided to the public. The 
Secretary is authorized to enter into cooperative agreements with the 
Cheyenne-Arapaho Tribe, its subordinate boards, committees, 
enterprises, and traditional leaders to further the purposes of this 
title.

SEC. 205. ACQUISITION OF PROPERTY.

    (a) Park Boundaries.--Within the boundaries of the national 
historic site, the Secretary is authorized to acquire lands and 
interest in lands by donation, purchase with donated or appropriated 
funds, or exchange, except that--
            (1) no lands or interest in lands within the historic site 
        may be acquired without the consent of the owner thereof, and
            (2) lands and interests in lands owned by the State of 
        Oklahoma or any political subdivision thereof may be acquired 
        only by donation.
    (b) Conservation Easements.--The Congress finds that the State of 
Oklahoma, acting through the Oklahoma Historical Society, will work 
with local land owners to acquire and hold in perpetuity conservation 
easements in the vicinity of the national historic site as deemed 
necessary for the visual and interpretive integrity of the site. The 
intent of the easements will be to keep occupancy of the land in 
private ownership and use of the land in general agriculture.

SEC. 206. MANAGEMENT PLAN.

    Within five years after the date funds are made available for 
purposes of this title, the Secretary, acting through the Director of 
the National Park Service, shall prepare a general management plan for 
the national historic site. The plan shall address, but not be limited 
to, each of the following:
            (1) A resource protection program.
            (2) A visitor use plan including programs and facilities 
        that will be provided for public use, including the location 
        and cost of public facilities.
            (3) A research and curation plan.
            (4) A highway signing program.
            (5) Involvement by the Cheyenne-Arapaho Tribe in the 
        formulation of educational programs for the national historic 
        site.
            (6) Involvement by the State of Oklahoma and other local 
        and national entities willing to share in the responsibilities 
        of developing and supporting the national historic site.

SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this title.
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