I

104TH CONGRESS

1ST SESSION H. R. 2766

To authorize the Secretary of the Interior to provide funds to the Palisades

Interstate Park Commission for acquisition of land in the Sterling Forest

area of the New York/New Jersey Highlands Region, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 13, 1995

Mr. MARTINI (for himself, Mr. LUCAS, and Mr. POMBO) introduced the following bill; which was referred to the Committee on Resources, and in addition to the Committees on Transportation and Infrastructure, and Agriculture, 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 authorize the Secretary of the Interior to provide funds

to the Palisades Interstate Park Commission for acquisition of land in the Sterling Forest area of the New

York/New Jersey Highlands Region, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Federal Lands

5 Prioritization Act of 1995’’.
2

•HR 2766 IH

1 SEC. 2. FINDINGS.

2 The Congress finds that—

3 (1) the Federal Government owns about

4 650,000,000 acres of land, more than 30 percent of

5 the Nation’s total surface area;

6 (2) the United States Forest Service in the De7 partment of Agriculture and the Bureau of Land

8 Management, the Fish and Wildlife Service, and the

9 National Parks Service all in the Department of In10 terior, are responsible for managing about 95 per11 cent of this federally-owned land;

12 (3) the amount of the four agencies’ land en13 cumbered for conservation purposes by legislative or

14 administrative restrictions is nearly 290,000,000

15 acres, or 45 percent of this federally-owned land;

16 (4) severe budgetary constraints has produced a

17 backlog of billions of dollars for the purchase of mil18 lions of acres of property authorized by the Federal

19 Government for acquisition;

20 (5) while the Federal Government owns nearly

21 30 percent of the land in the United States, much

22 of that land serves no real Federal interest or could

23 be better managed outside the Federal Government.

24 (6) a substantial amount of this federally-owned

25 land should be disposed of, generating additional

26 revenue to the Treasury; and
3

•HR 2766 IH

1 (7) revenues generated from the sale of feder2 ally-owned lands can be used to acquire land cur3 rently identified as high priority for Federal owner4 ship.

5 SEC. 3. PURPOSES.

6 The purposes of this Act are—

7 (1) to establish and facilitate the acquisition of

8 the Sterling Forest in the New York/New Jersey

9 Highlands Region;

10 (2) to establish and facilitate the acquisition of

11 the Washita Battlefield National Historic Site;

12 (3) to provide for sale to the public at fair mar13 ket value all right, title, and interest of the United

14 States in and to the surface estate of the Black Ket15 tle National Grasslands in the State of Oklahoma;

16 (4) to provide for sale to the public at fair mar17 ket value all right, title, and interest of the United

18 States in and to the surface estate of the Rita Blan19 ca National Grasslands in the State of Oklahoma;

20 (5) to provide for sale to the public at fair mar21 ket value all right, title, and interest of the United

22 States in and to the project for flood control, Op23 tima Lake, North Canadian River Basin, Oklahoma,

24 authorized by the Flood Control Act of 1936;
4

•HR 2766 IH

1 (6) to establish a mechanism whereby the funds

2 generated from the sale of the Federal lands under

3 title II of this Act shall be made available for the

4 acquisition of the properties authorized for acquisi5 tion by titles I (relating to the Sterling Forest) and

6 III (relating to the Washita Battlefield National

7 Historic Site) of this Act;

8 (7) to utilize, in addition to appropriated funds,

9 the revenue made available by the disposal of feder10 ally-owned property to facilitate the acquisition of

11 property that could commemorate and honor the site

12 of the Battle of the Washita as a national historic

13 site;

14 (8) to utilize, in addition to appropriated funds,

15 the revenue made available by the disposal of feder16 ally-owned property to facilitate the acquisition of

17 property, known as the Sterling Forest Reserve, that

18 would provide enhanced recreational opportunities,

19 improve the quality of life, and protect strategically

20 important environmental resources for the citizens in

21 the densely populated New York/New Jersey High22 lands Region; and

23 (9) to return to the Treasury any funds gen24 erated by the disposal of lands under this Act which
5

•HR 2766 IH

1 are not utilized for the acquisition of lands under

2 this Act.

3 SEC. 4. LAND ACQUISITION ACCOUNT.

4 (a) ESTABLISHMENT.—The Secretary of the Interior

5 shall establish a special account in the Treasury for the

6 acquisition of lands under this Act.

7 (b) DEPOSITS.—The Secretary of Agriculture shall

8 deposit proceeds from the sales of lands under section 201

9 into the account established pursuant to subsection (a)

10 and amounts appropriated to the Secretary to carry out

11 this Act. Amounts deposited in the account shall remain

12 available until expended, subject to subsection (c). Any

13 amount received from such sales or appropriations which,

14 when aggregated with prior amounts received from such

15 sales and appropriations under subsection (e), is in excess

16 of the amount referred to in subsection (e) shall be depos17 ited in the Treasury as miscellaneous receipts.

18 (c) EXPENDITURE.—To the extent and in such

19 amounts as are provided in advance in appropriation Acts,

20 the Secretary of the Interior—

21 (1) may withdraw from the account established

22 under subsection (a) and transfer amounts to the

23 Palisades Interstate Park Commission (as defined by

24 section 104(1)) in accordance with sections 105 and
6

•HR 2766 IH

1 108(b) for the acquisition of lands and interests

2 therein for the Sterling Forest Reserve; and

3 (2) may obligate and expend amounts from the

4 account established under subsection (a) for the ac5 quisition of lands and interests in lands for the

6 Washita Battlefield National Historic Site in accord7 ance with section 305.

8 (d) CLOSURE AND DISPOSITION OF REMAINING BAL9 ANCE.—When the Secretary of the Interior determines

10 that all lands or interests therein authorized to be ac11 quired by titles I and III have been acquired, the Secretary

12 shall close the account established under subsection (a)

13 and cover the remaining funds in the account into the

14 Treasury as miscellaneous receipts.

15 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

16 authorized to be appropriated for deposit into the account

17 established under section 4(a) of this Act such funds as

18 may be necessary so that the total amount deposited into

19 the account equals but does not exceed $20,500,000.

20 TITLE I—STERLING FOREST

21 SEC. 101. SHORT TITLE.

22 This title may be cited as the ‘‘Sterling Forest Re23 serve Partnership Act of 1995’’.

24 SEC. 102. FINDINGS.

25 The Congress finds that—
7

•HR 2766 IH

1 (1) the Palisades Interstate Park Commission

2 was established pursuant to a joint resolution of the

3 75th Congress approved in 1937 (Public Resolution

4 No. 65; Ch. 706; 50 Stat. 719), and chapter 170 of

5 the Laws of 1937 of the State of New York and

6 chapter 148 of the Laws of 1937 of the State of

7 New Jersey;

8 (2) the Palisades Interstate Park Commission

9 is responsible for the management of 23 parks and

10 historic sites in New York and New Jersey, compris11 ing over 82,000 acres;

12 (3) over 8,000,000 visitors annually seek out13 door recreational opportunities within the Palisades

14 Park System;

15 (4) Sterling Forest is a biologically diverse open

16 space on the New Jersey border comprising approxi17 mately 17,500 acres, and is a highly significant wa18 tershed area for the State of New Jersey, providing

19 the source for clean drinking water for 25 percent

20 of the State;

21 (5) Sterling Forest is an important outdoor rec22 reational asset in the northeastern United States,

23 within the most densely populated metropolitan re24 gion in the Nation;
8

•HR 2766 IH

1 (6) Sterling Forest supports a mixture of hard2 wood forests, wetlands, lakes, glaciated valleys, is

3 strategically located on a wildlife migratory route,

4 and provides important habitat for 27 rare or en5 dangered species;

6 (7) the protection of Sterling Forest would pro7 vide for enhanced recreational opportunities through

8 the protection of lands which are an integral element

9 of the Appalachian National Scenic Trail and which

10 would protect important trail viewsheds;

11 (8) stewardship and management costs for

12 units of the Palisades Park System are paid for by

13 the States of New York and New Jersey; thus, the

14 management of Sterling Forest through the Pali15 sades Interstate Park Commission will involve a

16 minimum of Federal funds; and

17 (9) given the significant watershed, outdoor rec18 reational, and wildlife qualities of Sterling Forest,

19 the demand for open space in the northeastern

20 United States, and the lack of open space in the

21 densely populated tri-state region, there is a Federal

22 interest in acquiring the Sterling Forest for perma23 nent protection of the watershed, outdoor rec24 reational resources, flora and fauna, and open space.
9

•HR 2766 IH

1 SEC. 103. PURPOSES.

2 The purposes of this title are—

3 (1) to establish the Sterling Forest Reserve in

4 the State of New York to protect the significant wa5 tershed, wildlife, and recreational resources within

6 the New York-New Jersey highlands region;

7 (2) to authorize Federal funding, through the

8 Department of the Interior, for a portion of the ac9 quisition costs for the Sterling Forest Reserve;

10 (3) to direct the Palisades Interstate Park

11 Commission to convey to the Secretary of the Inte12 rior certain interests in lands acquired within the

13 Reserve; and

14 (4) to provide for the management of the Ster15 ling Forest Reserve by the Palisades Interstate Park

16 Commission.

17 SEC. 104. DEFINITIONS.

18 In this title:

19 (1) COMMISSION.—The term ‘‘Commission’’

20 means the Palisades Interstate Park Commission es21 tablished pursuant to Public Resolution No. 65 ap22 proved August 19, 1937 (Ch. 707; 50 Stat. 719).

23 (2) RESERVE.—The term ‘‘Reserve’’ means the

24 Sterling Forest Reserve.

25 (3) SECRETARY.—The term ‘‘Secretary’’ means

26 the Secretary of the Interior.
10

•HR 2766 IH

1 SEC. 105. ESTABLISHMENT OF THE STERLING FOREST RE2 SERVE.

3 (a) ESTABLISHMENT.—Upon the certification by the

4 Commission to the Secretary that the Commission has ac5 quired all 17,500 acres of the Sterling Forest property,

6 there is established the Sterling Forest Reserve in the

7 State of New York.

8 (b) MAP.—

9 (1) COMPOSITION.—The Reserve shall consist

10 of lands and interests therein, as generally depicted

11 on the map entitled ‘‘Boundary Map, Sterling Forest

12 Reserve’’, numbered SFR–60,001 and dated July 1,

13 1994.

14 (2) AVAILABILITY FOR PUBLIC INSPECTION.—

15 The map described in paragraph (1) shall be on file

16 and available for public inspection in the offices of

17 the Commission and the appropriate offices of the

18 National Park Service.

19 (c) TRANSFER OF FUNDS.—Subject to subsection

20 (d), the Secretary shall transfer to the Commission such

21 funds as are appropriated (including funds appropriated

22 pursuant to sections 4 and 108) for the acquisition of

23 lands and interests therein within the Reserve.

24 (d) CONDITIONS OF FUNDING.—

25 (1) AGREEMENT BY THE COMMISSION.—Prior

26 to the receipt of any Federal funds authorized by
11

•HR 2766 IH

1 this title, the Commission shall agree to the follow2 ing:

3 (A) CONVEYANCE OF LANDS IN EVENT OF

4 FAILURE TO MANAGE.—If the Commission fails

5 to manage the lands acquired within the Re6 serve in a manner that is consistent with this

7 title, the Commission shall convey fee title to

8 such lands to the United States, and the agree9 ment stated in this subparagraph shall be re10 corded at the time of purchase of all lands ac11 quired within the Reserve.

12 (B) CONSENT OF OWNERS.—No lands or

13 interest in land may be acquired with any Fed14 eral funds authorized or transferred pursuant

15 to this title except with the consent of the

16 owner of the land or interest in land.

17 (C) INABILITY TO ACQUIRE LANDS.—If the

18 Commission is unable to acquire all of the lands

19 within the Reserve, to the extent Federal funds

20 are utilized pursuant to this title, the Commis21 sion shall acquire all or a portion of the lands

22 identified as ‘‘National Park Service Wilderness

23 Easement Lands’’ and ‘‘National Park Service

24 Conservation Easement Lands’’ on the map de25 scribed in subsection (b) before proceeding with
12

•HR 2766 IH

1 the acquisition of any other lands within the

2 Reserve.

3 (D) CONVEYANCE OF EASEMENT.—Within

4 30 days after acquiring any of the lands identi5 fied as ‘‘National Park Service Wilderness

6 Easement Lands’’ and ‘‘National Park Service

7 Conservation Easement Lands’’ on the map de8 scribed in subsection (b), the Commission shall

9 convey to the United States—

10 (i) conservation easements on the

11 lands described as ‘‘National Park Service

12 Wilderness Easement Lands’’ on the map

13 described in subsection (b), which ease14 ments shall provide that the lands shall be

15 managed to protect their wilderness char16 acter; and

17 (ii) conservation easements on the

18 lands described as ‘‘National Park Service

19 Conservation Easement Lands’’ on the

20 map described in subsection (b), which

21 easements shall restrict and limit develop22 ment and use of the property to that devel23 opment and use that is—
13

•HR 2766 IH

1 (I) compatible with the protection

2 of the Appalachian National Scenic

3 Trail; and

4 (II) consistent with the general

5 management plan prepared pursuant

6 to section 106(b).

7 (2) MATCHING FUNDS.—Funds may be trans8 ferred to the Commission only to the extent that

9 they are matched from funds contributed by non10 Federal sources.

11 SEC. 106. MANAGEMENT OF THE RESERVE.

12 (a) IN GENERAL.—The Commission shall manage the

13 lands acquired within the Reserve in a manner that is con14 sistent with the Commission’s authorities and with the

15 purposes of this title.

16 (b) GENERAL MANAGEMENT PLAN.—Within 3 years

17 after the date of enactment of this Act, the Commission

18 shall prepare a general management plan for the Reserve

19 and submit the plan to the Secretary for approval.

20 SEC. 107. DISCLAIMERS.

21 (a) NO ENCUMBRANCES OR OTHER LAND RESTRIC22 TION.—Nothing in this title, including the map cited in

23 section 105(b), shall be construed to encumber any land

24 that the owner has not committed to voluntarily sell to

25 the Commission, nor does any provision of this title re-
14

•HR 2766 IH

1 strict the owner’s use of any lands not actually acquired

2 by the Commission or the Commission’s designee.

3 (b) PROPOSED DEVELOPMENT AND RELATED INFRA4 STRUCTURE.—Nothing in this Act shall affect the ongoing

5 approvals process for, and for environmental reviews of,

6 the owner’s proposed development and related infrastruc7 ture.

8 (c) LAND USE APPROVALS.—Nothing in this Act

9 shall confer any authority or jurisdiction upon any Fed10 eral, State or Local government agency or any person with

11 respect to the owner’s land use approvals or use of its

12 lands, or to create standing for any agency or person to

13 seek judicial review or other judicial intervention with re14 spect to the owner’s land use approvals or use of its lands.

15 SEC. 108. APPROPRIATIONS.

16 (a) IN GENERAL.—Of the amounts appropriated or

17 otherwise made available under section 4, not more than

18 $17,500,000 may be made available for the purposes of

19 this title. Such funds shall remain available until ex20 pended. The appropriation and expenditure of such funds

21 shall be in accordance with section 6 of the Land and

22 Water Conservation Fund Act of 1965 (16 U.S.C. 460l–

23 8), except that section 6(b) of that Act shall not be appli24 cable for the purposes of this Act.
15

•HR 2766 IH

1 (b) LIMITATION ON EXPENDITURE.—Funds from the

2 account established under section 4(a) of this Act that are

3 made available for the purposes of this title may only be

4 expended by the Pallisades Interstate Park Commission

5 if the Commission reaches an agreement to acquire all

6 lands and interests in land owned by the Sterling Forest

7 Corporation within five years of the date of enactment of

8 this Act.

9 TITLE II—DISPOSAL OF LANDS

10 IN OKLAHOMA

11 SEC. 201. SALE OF BLACK KETTLE AND RITA BLANCA NA12 TIONAL GRASSLANDS AND PROPERTY SUR13 ROUNDING OPTIMA LAKE AND RECREATION

14 AREA.

15 (a) GENERAL DIRECTIVE.—Not later than Septem16 ber 30, 1996, and in accordance with this title—

17 (1) the Secretary of Agriculture shall offer for

18 sale to the public at fair market value all right, title,

19 and interest of the United States in and to the sur20 face estate of those portions of the Cibola National

21 Forest, other than the property subject to section

22 202, which are more particularly described as—

23 (A) the Black Kettle National Grasslands,

24 located in the State of Oklahoma; and
16

•HR 2766 IH

1 (B) the Rita Blanca National Grasslands,

2 located in the State of Oklahoma; and

3 (2) the Secretary of the Army, acting through

4 the Chief of Engineers, shall offer for sale to the

5 public at fair market value all right, title, and inter6 est of the United States in and to the real property

7 acquired by the United States for the project for

8 flood control, Optima Lake, North Canadian River

9 Basin, Oklahoma, authorized by the Flood Control

10 Act of 1936 (49 Stat. 1570).

11 (b) RIGHT OF FIRST REFUSAL.—Prior to offering

12 lands for sale to the public under subsection (a), the Sec13 retary shall afford the individuals from whom the lands

14 were acquired by the United States or their descendants

15 the opportunity to acquire the lands at fair market value.

16 (c) PROCEEDS FROM SALE.—The Secretary shall de17 posit any proceeds from the sale of lands under this sec18 tion into the account established pursuant to section 4 of

19 this Act.

20 (d) WAIVER.—The sale and transfer of lands under

21 this title shall not be subject to the Federal Property and

22 Administrative Services Act of 1949 (40 U.S.C. 471).

23 (e) HUNTING AND FISHING ACCESS.—As a condition

24 of any sale under this section, the purchaser shall agree

25 to a public access easement for a 20-year period to lands
17

•HR 2766 IH

1 acquired under this section for the purposes of maintain2 ing traditional public access for hunting and fishing pur3 poses, as appropriate.

4 SEC. 202. TRANSFERS OF PROPERTY FOR CERTAIN PUBLIC

5 PURPOSES.

6 (a) SKIPOUT LAKE, DEAD INDIAN LAKE, AND

7 SPRING CREEK LAKE.—Not later than September 30,

8 1996, and upon request of the State of Oklahoma, the

9 Secretary of Agriculture shall transfer, without consider10 ation, to the Department of Tourism and Recreation of

11 the State of Oklahoma those lands located in Roger Mills

12 County, Oklahoma, known as Skipout Lake, Dead Indian

13 Lake, and Spring Creek Lake, more particularly described

14 as follows:

15 (1) SKIPOUT LAKE.—West Half and Northeast

16 Quarter of Section 5, Township 13 North, Range 25

17 West, Indian Meridian, Roger Mills County, Okla18 homa.

19 (2) DEAD INDIAN LAKE.—East Half of Section

20 26 and the East Half of Northwest Quarter of Sec21 tion 26, Township 15 North, Range 24 West, Indian

22 Meridian, Roger Mills County, Oklahoma. Southeast

23 Quarter of the Southwest Quarter of Section 23,

24 Township 15 North, Range 24 West, Indian Merid25 ian, Roger Mills County, Oklahoma.
18

•HR 2766 IH

1 (3) SPRING CREEK LAKE.—East Half of the

2 Southwest Quarter of Section 15, Township 15

3 North, Range 25 West, Indian Meridian, Roger

4 Mills County, Oklahoma. West Half of the South5 west Quarter of Section 14, Township 15 North,

6 Range 25 West, Indian Meridian, Roger Mills Coun7 ty, Oklahoma.

8 (b) OPTIMA LAKE, NORTH CANADIAN RIVER BASIN,

9 OKLAHOMA.—

10 (1) PROJECT DEAUTHORIZATION.—The project

11 for flood control, Optima Lake, North Canadian

12 River Basin, Oklahoma, authorized by the Flood

13 Control Act of 1936 (49 Stat. 1570), is deauthorized

14 after the date of the enactment of this Act.

15 (2) TRANSFER OF PROPERTY.—

16 (A) IN GENERAL.—The Secretary shall

17 transfer to the State of Oklahoma, without con18 sideration, all right, title, and interest of the

19 United States to that portion of the real prop20 erty described in subparagraph (C), including

21 all works, structures, and other improvements

22 to the real property.

23 (B) TERMS AND CONDITIONS.—The deed

24 of conveyance for the transfer of real property

25 and improvements under subparagraph (A)
19

•HR 2766 IH

1 shall include such terms and conditions as may

2 be necessary to ensure that—

3 (i) the State of Oklahoma will hold

4 the United States harmless from all claims

5 arising from or through the operation of

6 the real property and improvements; and

7 (ii) the State of Oklahoma will pro8 hibit in perpetuity the construction of any

9 residential or commercial structure in the

10 flood plain created by the dam located on

11 the real property and if the State does not

12 prohibit such construction all or any por13 tion of the real property will in its then ex14 isting condition, at the option of the

15 United States, revert to the United States.

16 (C) The real property referred to in sub17 paragraph (A) consists of lands associated with

18 the earthen dam, and the recreation area adja19 cent to the dam, as generally depicted on the

20 map of the Corps of Engineers, Tulsa District,

21 entitled ‘‘Optima Lake Public Hunting Area’’,

22 dated 1993.
20

•HR 2766 IH

1 TITLE III—WASHITA BATTLE2 FIELD NATIONAL HISTORIC

3 SITE

4 SEC. 301. SHORT TITLE.

5 This title may be cited as the ‘‘Washita Battlefield

6 National Historic Site Act of 1995’’.

7 SEC. 302. FINDINGS AND PURPOSES.

8 (a) FINDINGS.—The Congress finds that—

9 (1) the Battle of the Washita, November 27,

10 1868, was one of the largest engagements between

11 Plains tribes and the United States Army on the

12 Southern Great Plains. The site is a registered Na13 tional Historic Landmark;

14 (2) Lt. Colonel George A. Custer, leading the

15 7th United States Calvary, attacked the sleeping

16 Cheyenne village of peace chief Black Kettle. Cus17 ter’s attack resulted in more than 150 Indian cas18 ualties, many of them women and children;

19 (3) the Battle of the Washita symbolizes the

20 struggle of the Southern Great Plains tribes to

21 maintain their traditional lifeways and not to submit

22 to reservation confinement; and

23 (4) the Washita battle site possesses a high de24 gree of integrity and the cultural landscape is essen25 tially intact. The Cheyenne village site has not been
21

•HR 2766 IH

1 altered substantially except by periodic flooding of

2 the Washita River.

3 (b) PURPOSES.—The purposes of this title are to—

4 (1) recognize the importance of the Battle of

5 the Washita as a nationally significant element of

6 frontier military history and as a symbol of the

7 struggles of the Southern Great Plains tribes to

8 maintain control of their traditional use areas; and

9 (2) establish the site of the Battle of the

10 Washita as a national historic site and provide op11 portunities for American Indian groups including the

12 Cheyenne-Arapaho Tribe to be involved in the for13 mulation of plans and educational programs for the

14 national historic site.

15 SEC. 303. ESTABLISHMENT.

16 (a) IN GENERAL.—In order to provide for the preser17 vation and interpretation of the Battle of the Washita,

18 there is hereby established the Washita Battlefield Na19 tional Historic Site in the State of Oklahoma (hereafter

20 in this title referred to as the ‘‘national historic site’’).

21 (b) BOUNDARY.—

22 (1) IN GENERAL.—The national historic site

23 shall consist of—

24 (A) approximately 326 acres, as generally

25 depicted on the map entitled ‘‘Washita Battle-
22

•HR 2766 IH

1 field National Historic Site’’, numbered

2 20,000A and dated June 1994; and

3 (B) the private lands subject to conserva4 tion easements referred to in section 305(b).

5 (2) MAP.—The map referred to in paragraph

6 (1) shall be on file in the offices of the Director of

7 the National Park Service, Department of the Inte8 rior, and other appropriate offices of the National

9 Park Service. The Secretary of the Interior (here10 after in this title referred to as the ‘‘Secretary’’)

11 may, from time to time, make minor revisions in the

12 boundary of the national historic site in accordance

13 with section 7(c) of the Land and Water Conserva14 tion Act of 1965 (16 U.S.C. 460l–4 and following).

15 SEC. 304. ADMINISTRATION.

16 (a) IN GENERAL.—The Secretary, acting through the

17 Director of the National Park Service, shall manage the

18 national historic site in accordance with this title and the

19 provisions of law generally applicable to units of the Na20 tional Park System, including ‘‘An Act to establish a Na21 tional Park Service, and for other purposes’’, approved

22 August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4), and

23 the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461–

24 467).
23

•HR 2766 IH

1 (b) MANAGEMENT PURPOSES.—The Secretary shall

2 manage the national historic site for the following pur3 poses, among others:

4 (1) To protect and preserve the national his5 toric site, including the topographic features impor6 tant to the battle site, artifacts and other physical

7 remains of the battle, and the visual scene as closely

8 as possible as it was at the time of the battle.

9 (2) To interpret the cultural and natural re10 sources of the historic site, providing for public un11 derstanding and appreciation of the area in such

12 manner as to perpetuate these qualities and values

13 for future generations.

14 (c) CONSULTATION AND TRAINING.—The Secretary,

15 acting through the Director of the National Park Service,

16 shall consult regularly with the Cheyenne-Arapaho Tribe

17 on the formulation of the management plan provisions re18 ferred to in section 306(5) of this title and on preparation

19 of educational programs provided to the public. The Sec20 retary is authorized to enter into cooperative agreements

21 with the Cheyenne-Arapaho Tribe, its subordinate boards,

22 committees, enterprises, and traditional leaders to further

23 the purposes of this title.
24

•HR 2766 IH

1 SEC. 305. ACQUISITION OF PROPERTY.

2 (a) PARK BOUNDARIES.—Within the boundaries of

3 the national historic site, the Secretary is authorized to

4 acquire lands and interest in lands by donation, purchase

5 with donated or appropriated funds (including funds made

6 available under section 4), or exchange, except that—

7 (1) no lands or interest in lands within the his8 toric site may be acquired without the consent of the

9 owner thereof, and

10 (2) lands and interests in lands owned by the

11 State of Oklahoma or any political subdivision there12 of may be acquired only by donation.

13 (b) CONSERVATION EASEMENTS.—The Congress

14 finds that the State of Oklahoma, acting through the

15 Oklahoma Historical Society, will work with local land

16 owners to acquire and hold in perpetuity conservation

17 easements in the vicinity of the national historic site as

18 deemed necessary for the visual and interpretive integrity

19 of the site. The intent of the easements will be to keep

20 occupancy of the land in private ownership and use of the

21 land in general agriculture.

22 SEC. 306. MANAGEMENT PLAN.

23 Within five years after the date funds are made avail24 able for purposes of this title, the Secretary, acting

25 through the Director of the National Park Service, shall

26 prepare a general management plan for the national his-
25

•HR 2766 IH

1 toric site. The plan shall address, but not be limited to,

2 each of the following:

3 (1) A resource protection program.

4 (2) A visitor use plan including programs and

5 facilities that will be provided for public use, includ6 ing the location and cost of public facilities.

7 (3) A research and curation plan.

8 (4) A highway signing program.

9 (5) Involvement by the Cheyenne-Arapaho

10 Tribe in the formulation of educational programs for

11 the national historic site.

12 (6) Involvement by the State of Oklahoma and

13 other local and national entities willing to share in

14 the responsibilities of developing and supporting the

15 national historic site.

16 SEC. 307. APPROPRIATIONS.

17 Of the amounts appropriated or otherwise made

18 available under section 4, not more than $3,000,000 may

19 be made available for the purposes of this title.

Æ

HR 2766 IH——2