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 follow-
ing bill; which was referred to the Committee on Resources, and in addi-
tion to the Committees on Transportation and Infrastructure, and Agri-
culture, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To authorize the Secretary of the Interior to provide funds
to the Palisades Interstate Park Commission for acquisi-
tion of land in the Sterling Forest area of the New
York/New Jersey Highlands Region, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Lands
Prioritization Act of 1995’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) the Federal Government owns about
650,000,000 acres of land, more than 30 percent of
the Nation’s total surface area;
(2) the United States Forest Service in the De-
partment of Agriculture and the Bureau of Land
Management, the Fish and Wildlife Service, and the
National Parks Service all in the Department of In-
terior, are responsible for managing about 95 per-
cent of this federally-owned land;
(3) the amount of the four agencies’ land en-
cumbered for conservation purposes by legislative or
administrative restrictions is nearly 290,000,000
acres, or 45 percent of this federally-owned land;
(4) severe budgetary constraints has produced a
backlog of billions of dollars for the purchase of mil-
lions of acres of property authorized by the Federal
Government for acquisition;
(5) while the Federal Government owns nearly
30 percent of the land in the United States, much
of that land serves no real Federal interest or could
be better managed outside the Federal Government.
(6) a substantial amount of this federally-owned
land should be disposed of, generating additional
revenue to the Treasury; and
(7) revenues generated from the sale of feder-
ally-owned lands can be used to acquire land cur-
rently identified as high priority for Federal owner-
ship.
SEC. 3. PURPOSES.
The purposes of this Act are—
(1) to establish and facilitate the acquisition of
the Sterling Forest in the New York/New Jersey
Highlands Region;
(2) to establish and facilitate the acquisition of
the Washita Battlefield National Historic Site;
(3) to provide for sale to the public at fair mar-
ket value all right, title, and interest of the United
States in and to the surface estate of the Black Ket-
tle National Grasslands in the State of Oklahoma;
(4) to provide for sale to the public at fair mar-
ket value all right, title, and interest of the United
States in and to the surface estate of the Rita Blan-
ca National Grasslands in the State of Oklahoma;
(5) to provide for sale to the public at fair mar-
ket value all right, title, and interest of the United
States in and to the project for flood control, Op-
tima Lake, North Canadian River Basin, Oklahoma,
authorized by the Flood Control Act of 1936;
(6) to establish a mechanism whereby the funds
generated from the sale of the Federal lands under
title II of this Act shall be made available for the
acquisition of the properties authorized for acquisi-
tion by titles I (relating to the Sterling Forest) and
III (relating to the Washita Battlefield National
Historic Site) of this Act;
(7) to utilize, in addition to appropriated funds,
the revenue made available by the disposal of feder-
ally-owned property to facilitate the acquisition of
property that could commemorate and honor the site
of the Battle of the Washita as a national historic
site;
(8) to utilize, in addition to appropriated funds,
the revenue made available by the disposal of feder-
ally-owned property to facilitate the acquisition of
property, known as the Sterling Forest Reserve, that
would provide enhanced recreational opportunities,
improve the quality of life, and protect strategically
important environmental resources for the citizens in
the densely populated New York/New Jersey High-
lands Region; and
(9) to return to the Treasury any funds gen-
erated by the disposal of lands under this Act which
are not utilized for the acquisition of lands under
this Act.
SEC. 4. LAND ACQUISITION ACCOUNT.
(a) ESTABLISHMENT.—The Secretary of the Interior
shall establish a special account in the Treasury for the
acquisition of lands under this Act.
(b) DEPOSITS.—The Secretary of Agriculture shall
deposit proceeds from the sales of lands under section 201
into the account established pursuant to subsection (a)
and amounts appropriated to the Secretary to carry out
this Act. Amounts deposited in the account shall remain
available until expended, subject to subsection (c). Any
amount received from such sales or appropriations which,
when aggregated with prior amounts received from such
sales and appropriations under subsection (e), is in excess
of the amount referred to in subsection (e) shall be depos-
ited in the Treasury as miscellaneous receipts.
(c) EXPENDITURE.—To the extent and in such
amounts as are provided in advance in appropriation Acts,
the Secretary of the Interior—
(1) may withdraw from the account established
under subsection (a) and transfer amounts to the
Palisades Interstate Park Commission (as defined by
section 104(1)) in accordance with sections 105 and
108(b) for the acquisition of lands and interests
therein for the Sterling Forest Reserve; and
(2) may obligate and expend amounts from the
account established under subsection (a) for the ac-
quisition of lands and interests in lands for the
Washita Battlefield National Historic Site in accord-
ance with section 305.
(d) CLOSURE AND DISPOSITION OF REMAINING BAL-
ANCE.—When the Secretary of the Interior determines
that all lands or interests therein authorized to be ac-
quired by titles I and III have been acquired, the Secretary
shall close the account established under subsection (a)
and cover the remaining funds in the account into the
Treasury as miscellaneous receipts.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated for deposit into the account
established under section 4(a) of this Act such funds as
may be necessary so that the total amount deposited into
the account equals but does not exceed $20,500,000.
TITLE I—STERLING FOREST
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Sterling Forest Re-
serve Partnership Act of 1995’’.
SEC. 102. FINDINGS.
The Congress finds that—
(1) the Palisades Interstate Park Commission
was established pursuant to a joint resolution of the
75th Congress approved in 1937 (Public Resolution
No. 65; Ch. 706; 50 Stat. 719), and chapter 170 of
the Laws of 1937 of the State of New York and
chapter 148 of the Laws of 1937 of the State of
New Jersey;
(2) the Palisades Interstate Park Commission
is responsible for the management of 23 parks and
historic sites in New York and New Jersey, compris-
ing over 82,000 acres;
(3) over 8,000,000 visitors annually seek out-
door recreational opportunities within the Palisades
Park System;
(4) Sterling Forest is a biologically diverse open
space on the New Jersey border comprising approxi-
mately 17,500 acres, and is a highly significant wa-
tershed area for the State of New Jersey, providing
the source for clean drinking water for 25 percent
of the State;
(5) Sterling Forest is an important outdoor rec-
reational asset in the northeastern United States,
within the most densely populated metropolitan re-
gion in the Nation;
(6) Sterling Forest supports a mixture of hard-
wood forests, wetlands, lakes, glaciated valleys, is
strategically located on a wildlife migratory route,
and provides important habitat for 27 rare or en-
dangered species;
(7) the protection of Sterling Forest would pro-
vide for enhanced recreational opportunities through
the protection of lands which are an integral element
of the Appalachian National Scenic Trail and which
would protect important trail viewsheds;
(8) stewardship and management costs for
units of the Palisades Park System are paid for by
the States of New York and New Jersey; thus, the
management of Sterling Forest through the Pali-
sades Interstate Park Commission will involve a
minimum of Federal funds; and
(9) given the significant watershed, outdoor rec-
reational, and wildlife qualities of Sterling Forest,
the demand for open space in the northeastern
United States, and the lack of open space in the
densely populated tri-state region, there is a Federal
interest in acquiring the Sterling Forest for perma-
nent protection of the watershed, outdoor rec-
reational resources, flora and fauna, and open space.
SEC. 103. PURPOSES.
The purposes of this title are—
(1) to establish the Sterling Forest Reserve in
the State of New York to protect the significant wa-
tershed, wildlife, and recreational resources within
the New York-New Jersey highlands region;
(2) to authorize Federal funding, through the
Department of the Interior, for a portion of the ac-
quisition costs for the Sterling Forest Reserve;
(3) to direct the Palisades Interstate Park
Commission to convey to the Secretary of the Inte-
rior certain interests in lands acquired within the
Reserve; and
(4) to provide for the management of the Ster-
ling Forest Reserve by the Palisades Interstate Park
Commission.
SEC. 104. DEFINITIONS.
In this title:
(1) COMMISSION.—The term ‘‘Commission’’
means the Palisades Interstate Park Commission es-
tablished pursuant to Public Resolution No. 65 ap-
proved August 19, 1937 (Ch. 707; 50 Stat. 719).
(2) RESERVE.—The term ‘‘Reserve’’ means the
Sterling Forest Reserve.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
SEC. 105. ESTABLISHMENT OF THE STERLING FOREST RE-
SERVE.
(a) ESTABLISHMENT.—Upon the certification by the
Commission to the Secretary that the Commission has ac-
quired all 17,500 acres of the Sterling Forest property,
there is established the Sterling Forest Reserve in the
State of New York.
(b) MAP.—
(1) COMPOSITION.—The Reserve shall consist
of lands and interests therein, as generally depicted
on the map entitled ‘‘Boundary Map, Sterling Forest
Reserve’’, numbered SFR–60,001 and dated July 1,
1994.
(2) AVAILABILITY FOR PUBLIC INSPECTION.—
The map described in paragraph (1) shall be on file
and available for public inspection in the offices of
the Commission and the appropriate offices of the
National Park Service.
(c) TRANSFER OF FUNDS.—Subject to subsection
(d), the Secretary shall transfer to the Commission such
funds as are appropriated (including funds appropriated
pursuant to sections 4 and 108) for the acquisition of
lands and interests therein within the Reserve.
(d) CONDITIONS OF FUNDING.—
(1) AGREEMENT BY THE COMMISSION.—Prior
to the receipt of any Federal funds authorized by
this title, the Commission shall agree to the follow-
ing:
(A) CONVEYANCE OF LANDS IN EVENT OF
FAILURE TO MANAGE.—If the Commission fails
to manage the lands acquired within the Re-
serve in a manner that is consistent with this
title, the Commission shall convey fee title to
such lands to the United States, and the agree-
ment stated in this subparagraph shall be re-
corded at the time of purchase of all lands ac-
quired within the Reserve.
(B) CONSENT OF OWNERS.—No lands or
interest in land may be acquired with any Fed-
eral funds authorized or transferred pursuant
to this title except with the consent of the
owner of the land or interest in land.
(C) INABILITY TO ACQUIRE LANDS.—If the
Commission is unable to acquire all of the lands
within the Reserve, to the extent Federal funds
are utilized pursuant to this title, the Commis-
sion shall acquire all or a portion of the lands
identified as ‘‘National Park Service Wilderness
Easement Lands’’ and ‘‘National Park Service
Conservation Easement Lands’’ on the map de-
scribed in subsection (b) before proceeding with
the acquisition of any other lands within the
Reserve.
(D) CONVEYANCE OF EASEMENT.—Within
30 days after acquiring any of the lands identi-
fied as ‘‘National Park Service Wilderness
Easement Lands’’ and ‘‘National Park Service
Conservation Easement Lands’’ on the map de-
scribed in subsection (b), the Commission shall
convey to the United States—
(i) conservation easements on the
lands described as ‘‘National Park Service
Wilderness Easement Lands’’ on the map
described in subsection (b), which ease-
ments shall provide that the lands shall be
managed to protect their wilderness char-
acter; and
(ii) conservation easements on the
lands described as ‘‘National Park Service
Conservation Easement Lands’’ on the
map described in subsection (b), which
easements shall restrict and limit develop-
ment and use of the property to that devel-
opment and use that is—
(I) compatible with the protection
of the Appalachian National Scenic
Trail; and
(II) consistent with the general
management plan prepared pursuant
to section 106(b).
(2) MATCHING FUNDS.—Funds may be trans-
ferred to the Commission only to the extent that
they are matched from funds contributed by non-
Federal sources.
SEC. 106. MANAGEMENT OF THE RESERVE.
(a) IN GENERAL.—The Commission shall manage the
lands acquired within the Reserve in a manner that is con-
sistent with the Commission’s authorities and with the
purposes of this title.
(b) GENERAL MANAGEMENT PLAN.—Within 3 years
after the date of enactment of this Act, the Commission
shall prepare a general management plan for the Reserve
and submit the plan to the Secretary for approval.
SEC. 107. DISCLAIMERS.
(a) NO ENCUMBRANCES OR OTHER LAND RESTRIC-
TION.—Nothing in this title, including the map cited in
section 105(b), shall be construed to encumber any land
that the owner has not committed to voluntarily sell to
the Commission, nor does any provision of this title re-
strict the owner’s use of any lands not actually acquired
by the Commission or the Commission’s designee.
(b) PROPOSED DEVELOPMENT AND RELATED INFRA-
STRUCTURE.—Nothing in this Act shall affect the ongoing
approvals process for, and for environmental reviews of,
the owner’s proposed development and related infrastruc-
ture.
(c) LAND USE APPROVALS.—Nothing in this Act
shall confer any authority or jurisdiction upon any Fed-
eral, State or Local government agency or any person with
respect to the owner’s land use approvals or use of its
lands, or to create standing for any agency or person to
seek judicial review or other judicial intervention with re-
spect to the owner’s land use approvals or use of its lands.
SEC. 108. APPROPRIATIONS.
(a) IN GENERAL.—Of the amounts appropriated or
otherwise made available under section 4, not more than
$17,500,000 may be made available for the purposes of
this title. Such funds shall remain available until ex-
pended. The appropriation and expenditure of such funds
shall be in accordance with section 6 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l–
8), except that section 6(b) of that Act shall not be appli-
cable for the purposes of this Act.
(b) LIMITATION ON EXPENDITURE.—Funds from the
account established under section 4(a) of this Act that are
made available for the purposes of this title may only be
expended by the Pallisades Interstate Park Commission
if the Commission reaches an agreement to acquire all
lands and interests in land owned by the Sterling Forest
Corporation within five years of the date of enactment of
this Act.
TITLE II—DISPOSAL OF LANDS
IN OKLAHOMA
SEC. 201. SALE OF BLACK KETTLE AND RITA BLANCA NA-
TIONAL GRASSLANDS AND PROPERTY SUR-
ROUNDING OPTIMA LAKE AND RECREATION
AREA.
(a) GENERAL DIRECTIVE.—Not later than Septem-
ber 30, 1996, and in accordance with this title—
(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 sur-
face estate of those portions of the Cibola National
Forest, other than the property subject to section
202, 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 inter-
est 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 Sec-
retary 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) PROCEEDS FROM SALE.—The Secretary shall de-
posit any proceeds from the sale of lands under this sec-
tion into the account established pursuant to section 4 of
this Act.
(d) WAIVER.—The sale and transfer of lands under
this title shall not be subject to the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471).
(e) HUNTING AND FISHING ACCESS.—As a condition
of any sale under this section, the purchaser shall agree
to a public access easement for a 20-year period to lands
acquired under this section for the purposes of maintain-
ing traditional public access for hunting and fishing pur-
poses, as appropriate.
SEC. 202. 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 consider-
ation, 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, Okla-
homa.
(2) DEAD INDIAN LAKE.—East Half of Section
26 and the East Half of Northwest Quarter of Sec-
tion 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 Merid-
ian, 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 South-
west Quarter of Section 14, Township 15 North,
Range 25 West, Indian Meridian, Roger Mills Coun-
ty, 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 deauthorized
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 con-
sideration, all right, title, and interest of the
United States to that portion of the real prop-
erty 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 pro-
hibit 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 por-
tion of the real property will in its then ex-
isting condition, at the option of the
United States, revert to the United States.
(C) The real property referred to in sub-
paragraph (A) consists of lands associated with
the earthen dam, and the recreation area adja-
cent to the dam, as generally depicted on the
map of the Corps of Engineers, Tulsa District,
entitled ‘‘Optima Lake Public Hunting Area’’,
dated 1993.