II

105TH CONGRESS

1ST SESSION S. 1381

To direct the Secretary of the Army to convey lands acquired for the Candy

Lake project, Osage County, Oklahoma.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 5, 1997

Mr. NICKLES introduced the following bill; which was read twice and referred

to the Committee on Environment and Public Works

A BILL

To direct the Secretary of the Army to convey lands acquired

for the Candy Lake project, Osage County, Oklahoma.

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

3 SECTION 1. DEFINITIONS.

4 In this Act:

5 (1) FAIR MARKET VALUE.—The term ‘‘fair

6 market value’’ means the amount for which a willing

7 buyer would purchase and a willing seller would sell

8 a parcel of land, as determined by a qualified, inde9 pendent land appraiser.
2

•S 1381 IS

1 (2) PREVIOUS OWNER OF LAND.—The term

2 ‘‘previous owner of land’’ means a person (including

3 a corporation) that conveyed, or a descendant of an

4 individual who conveyed, land to the Army Corps of

5 Engineers for use in the Candy Lake project in

6 Osage County, Oklahoma.

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

8 the Secretary of the Army.

9 SEC. 2. LAND CONVEYANCES.

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

11 Real Estate Division of the Tulsa District, Army Corps

12 of Engineers, shall convey, in accordance with this section,

13 all right, title, and interest of the United States in and

14 to the land acquired by the United States for the Candy

15 Lake project in Osage County, Oklahoma.

16 (b) PREVIOUS OWNERS OF LAND.—

17 (1) IN GENERAL.—The Secretary shall give a

18 previous owner of land first option to purchase the

19 land described in subsection (a) that was owned by

20 the previous owner of land or by the individual from

21 whom the previous owner of land is descended.

22 (2) APPLICATION.—

23 (A) IN GENERAL.—A previous owner of

24 land that desires to purchase the land described

25 in subsection (a) that was owned by the pre-
3

•S 1381 IS

1 vious owner of land, or by the individual from

2 whom the previous owner of land is descended,

3 shall file an application to purchase the land

4 with the Secretary not later than 180 days

5 after the official date of notice to the previous

6 owner of land under section 3.

7 (B) FIRST TO FILE HAS FIRST OPTION.—

8 If more than 1 application is filed for a parcel

9 of land described in subsection (a), first options

10 to purchase the parcel of land shall be allotted

11 in the order in which applications for the parcel

12 of land were filed.

13 (3) IDENTIFICATION OF PREVIOUS OWNERS OF

14 LAND.—As soon as practicable after the date of en15 actment of this Act, the Secretary shall, to the ex16 tent practicable, identify each previous owner of

17 land.

18 (4) CONSIDERATION.—Consideration for land

19 conveyed under this subsection shall be the fair mar20 ket value of the land.

21 (c) DISPOSAL.—Any land described in subsection (a)

22 for which an application has not been filed under sub23 section (b)(2) within the applicable time period shall be

24 disposed of in accordance with the Federal Property and
4

•S 1381 IS

1 Administrative Services Act of 1949 (40 U.S.C. 471 et

2 seq.).

3 (d) EXTINGUISHMENT OF EASEMENTS.—All flowage

4 easements acquired by the United States for use in the

5 Candy Lake project in Osage County, Oklahoma, are ex6 tinguished.

7 SEC. 3. NOTICE.

8 (a) IN GENERAL.—The Secretary shall notify—

9 (1) each person identified as a previous owner

10 of land under section 2(b)(3), not later than 30 days

11 after identification, by United States mail; and

12 (2) the general public, not later than 30 days

13 after the date of enactment of this Act, by publica14 tion in the Federal Register.

15 (b) CONTENTS OF NOTICE.—Notice under this sec16 tion shall include—

17 (1) a copy of this Act;

18 (2) information sufficient to separately identify

19 each parcel of land subject to this Act; and

20 (3) specification of the fair market value of

21 each parcel of land subject to this Act.

22 (c) OFFICIAL DATE OF NOTICE.—The official date

23 of notice under this section shall be the later of—

24 (1) the date on which actual notice is mailed;

25 or
5

•S 1381 IS

1 (2) the date of publication of the notice in the

2 Federal Register.

Æ