[Senate Report 108-369]
[From the U.S. Government Publishing Office]
Calendar No. 728
108th Congress Report
SENATE
2d Session 108-369
======================================================================
CHICKASAW NATIONAL RECREATION AREA LAND EXCHANGE ACT OF 2004
_______
September 28, 2004.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2374]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2374) 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, having considered the same, reports favorably thereon
with an amendment and recommends that the bill, as amended, do
pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chickasaw National Recreation Area
Land Exchange Act of 2004''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means the
Chickasaw National Recreational Area land and interests in the
land, identified as Tract 102-25 on the Map.
(2) Non-federal land.--The term ``non-Federal land'' means
the land and interests in the land 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. 3. CHICKASAW NATIONAL RECREATION AREA LAND CONVEYANCE.
(a) Land Conveyance.--Not later than 180 days 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) Equal Value of Land.--The value of the Federal land and the non-
Federal land shall be of approximately equal value, as determined by
the Secretary through an appraisal performed by a qualified appraiser
and in conformance with the Uniform Appraisal Standards for Federal
Land Acquisitions.
(c) 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 provisions
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.--Completion of the provisions in section
III.B.3. of 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 be required.
(d) Administration of Acquired Land.--On completion of the land
exchange authorized under subsection (a), the Secretary--
(1) shall revise the boundary of Chickasaw National
Recreation Area to reflect the exchange; and
(2) shall administer the land acquired by the United States
in accordance with applicable laws (including regulations).
PURPOSE OF THE MEASURE
As ordered reported, the purpose of S. 2374 is to authorize
the Secretary of the Interior to enter into a land exchange
with the Chickasaw Nation involving lands in the Chickasaw
National Recreation Area, Oklahoma, and to revise the boundary
of the recreation area accordingly.
BACKGROUND AND NEED
Provision 64 of the Agreement between the United States and
the Choctaws and Chickasaws dated March 21, 1902 was approved
by the Act of July 1, 1902 (chapter 1362) (32 Stat. 641, 655).
This Act ceded 640 acres of property to the United States for
the purpose of creating Sulphur Springs Reservation in
Oklahoma. The purpose of setting aside the land, which later
became known as the ``Platt National Park,'' was to provide
public access and to protect water and other resources.
In 1976, the Platt National Park, the Arbuckle Recreation
Area, and additional lands were combined to create the
Chickasaw National Recreation Area (NRA). The purpose for
creating the NRA was twofold: to protect and expand water and
other resources; and to memorialize the history and culture of
the Chickasaw Nation.
To fulfill the purpose of the NRA, the environmental impact
statement for the General Management Plan of the Chickasaw
National Recreation Area examined several different locations
for a proposed Chickasaw Nation Cultural Center. The Chickasaw
Nation had recently expressed an interest in establishing a
cultural center inside or adjadent to the NRA.
The general management plan, which was completed in 1994,
determined that the best site for the Chickasaw Nation Cultural
Center was located within the existing boundary of the NRA. The
site was also suitable because it contained great historical
and cultural significance to the people of the Chickasaw
Nation. To facilitate the construction of the cultural center,
the National Park Service proposed to convey this site, in
trust, to the Chickasaw Nation in exchange for land of equal
value and with an agreement to further protect the watershed
and riparian resources of the NRA. The City of Sulphur,
Oklahoma, assisted the Chickasaw Nation by donating a parcel of
land suitable for incorporation into the NRA. On July 16, 2002,
the Secretary of the Interior, the Chickasaw Nation, and the
City of Sulphur signed a preliminary agreement to exchange the
land and allow the construction of a cultural center and to
protect the watershed and riparian resources of the park.
S. 2374 would authorize the Secretary of the Interior to
complete the land exchange with the Chickasaw Nation for the
purpose of constructing a cultural center and to further
protect the watershed and riparian resources of the NRA.
LEGISLATIVE HISTORY
Senators Nickles and Inhofe introduced S. 2374 on April 29,
2004. A companion measure, H.R. 4066 was introduced by
Representative Cole on March 30, 2004. The Committee on Energy
and Natural Resources' Subcommittee on National Parks held a
hearing on S. 2374 on July 15, 2004. At the business meeting on
September 15, 2004, the Committee on Energy and Natural
Resources ordered S. 2374, as amended, favorably reported.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in an open
business session on September 15, 2004, by a unanimous voice
vote of a quorum present, recommends that the Senate pass S.
2374, if amended as described herein.
COMMITTEE AMENDMENT
During its consideration of S. 2374, the Committee adopted
an amendment in the nature of a substitute. The amendment
removed the section containing congressional findings and
purpose and language requiring the Secretary of the Interior to
place the land conveyed to the Chickasaw Nation in trust to be
used for the construction of a cultural center and for the
protection of watershed and riparian resources. The amendment
also requires the Secretary to complete the land exchange with
the Chickasaw Nation no later than six months after the date
the Chickasaw Nation conveys its parcel to the United States.
The amendment is described in detail in the section-by-section
analysis below.
SECTION-BY-SECTION ANALYSIS
Section 1 entitles this Act the ``Chickasaw National
Recreation Area Land Exchange Act of 2004.''
Section 2 defines key terms used in the Act.
Section 3 (a) authorizes the Secretary to convey to the
Chickasaw Nation all right, title and interest to Federal land
described in section 3(2) not later than six months after the
receipt from the Chickasaw Nation of the title to the non-
Federal land described in section 3(3).
Subsection (b) directs the Secretary to determine through
an appraisal in conformance with the Uniform Appraisal
Standards for Federal Land Acquisitions that the non-Federal
land and the Federal land to be exchanged are of approximate
equal value.
Subsection (c) requires that the land exchange may not take
place until all items identified in the Preliminary Exchange
Agreement (July 16, 2002) among the city of Sulphur, Oklahoma,
the Chickasaw Nation and the Secretary have been completed.
Subsection (d) directs the Secretary to incorporate the
non-Federal land acquired under this Act into the Chickasaw
National Recreation Area and to manage the land in accordance
with laws applicable to the National Park System and directs
the Secretary to revise the boundary of the Chickasaw National
Recreation Area to reflect acquisition of the non-Federal land
once it has been conveyed to the United States.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office.
S. 2374--Chickasaw National Recreation Area Land Exchange Act of 2004
S. 2374 would direct the National Park Service (NPS) to
convey to the Chickasaw Nation about 29 acres of land within
the Chickasaw National Recreation Area (NRA) in exchange for
about 39 acres of nearby tribal property. Once acquired by the
NPS, the new property would be added to the NRA.
Based on information provided by the NPS, CBO estimates
that implementing S. 2374 would have no significant impact on
the federal budget and would not affect revenues or direct
spending. For this estimate, CBO assumes that the properties to
be exchanged would be determined by NPS to be roughly equal in
value.
S. 2374 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The exchange authorized by this bill would benefit the
Chickasaw Nation and the city of Sulphur, Oklahoma. Their
participation in the exchange would be voluntary.
On September 16, 2004, CBO transmitted a cost estimate for
H.R. 4066, the Chickasaw National Recreation Area Land Exchange
Act of 2004, as ordered reported by the House Committee on
Resources on September 15, 2004. S. 2374 and H.R. 4066 are very
similar, and the estimated cost of the two bills are identical.
The CBO staff contacts for this estimate are Deborah Reis
(for federal costs) and Marjorie Miller (for the state, local,
and tribal impact). This estimate was approved by Peter H.
Fontaine, Deputy Assistant Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2374.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 2374.
EXECUTIVE COMMUNICATIONS
On June 24, 2004, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 2374. These
reports had not been received when this report was filed. The
testimony provided by the Department of the Interior at the
Subcommittee hearing on S. 2374 follows:
Statement of A. Durand Jones, Deputy Director, National Park Service,
U.S. Department of the Interior
Mr. Chairman, thank you for the opportunity to present the
views of the Department of the Interior on S. 2374. This bill
would authorize a land exchange among the Chickasaw National
Recreation Area, the Chickasaw Nation and the City of Sulphur,
Oklahoma.
The Department supports S. 2374 with amendments. The bill
would authorize the Secretary of the Interior to exchange
Federal land in a three-way agreement between the Chickasaw
Nation, the National Park Service, and the City of Sulphur,
Oklahoma. This bill would authorize the Secretary to convey
approximately 29 acres of land owned by the National Park
Service to the Chickasaw Nation in exchange for approximately
39 acres of land donated to the Chickasaw Nation by the City of
Sulphur, Oklahoma and direct the Secretary to place the land
conveyed to the Chickasaw Nation in trust for the benefit of
the Chickasaw Nation; allow the Chickasaw Nation to construct a
cultural center on the trust land; and protect the watershed
and riparian resources of Chickasaw National Recreation Area.
The Chickasaw Nation has expressed an interest in
establishing a cultural center inside or adjacent to the park.
The cultural center would include a performing arts theater,
plaza area, administration/cultural education center, visitor
center, stickball field, village, agricultural field,
amphitheater, and parking lots. In 2000, the NPS Intermountain
Regional Director signed a letter of support to work with the
Chickasaw Nation and the City of Sulphur to investigate the
possibility of a land exchange to allow the construction of the
cultural center on a site that includes property currently
within the park's boundary, after that property has been
exchanged for a property of equal value.
This bill would provide the following benefits to the
National Park Service, the Chickasaw Nation, and the City of
Sulphur:
The NPS would enhance its ability to protect
scenic values and reduce potential land use encroachments on
both the east and west boundaries of the park through close
cooperative efforts with the Chickasaw Nation and the City of
Sulphur. The Chickasaw National Recreation Area, through a
partnership with the Chickasaw Nation, would provide access to
the culture and history of the Chickasaw Nation, in a way that
allows the Nation to tell their story to the millions of park
visitors. The addition of Tract 102-26 to Chickasaw National
Recreation Area would help to protect Wilson Creek and its
drainage, a major tributary to Veterans Lake located within
current park boundaries.
The Chickasaw Nation would establish an important
research, education, and museum facility to document and extend
understanding of their culture to its members and visitors on
lands that hold significant historical connection to the
Chickasaw Nation.
The City of Sulphur and the surrounding Murray
County communities would contribute to the protection of land
resources within the county, while providing additional
economic development potential to the local economies.
Enactment of this bill would acknowledge and
support the long and vibrant partnership among the National
Park Service, the Chickasaw Nation, and the citizens of
Oklahoma.
Set aside as Sulphur Springs Reservation in 1902, Chickasaw
National Recreation Area has gone through several expansions
and name changes. The Chickasaw Nation, fearful that Seven
Springs now ``Pavilion Springs'' would end up in the hands of
private developers, agreed to cede the springs to the Federal
government. Amending the Treaty of Atoka of 1897, the Chickasaw
and the Choctaw ceded a tract of 640 acres containing the
springs to the Federal government for $20 an acre. The
government set aside the 640 acres as the Sulphur Springs
Reservation in 1902. In 1904, 218 acres were added and Sulphur
Springs Reservation was opened to the public. Renamed Platt
National Park in 1906 in honor of Senator Orville H. Platt of
Connecticut, it carried that name for the next 70 years.
In the mid 1960's, a series of events occurred including
the construction of Arbuckle Dam and Lake, the formation and
management of the Arbuckle Recreation Area by the NPS, and the
addition of land along Rock Creek to connect the recreation
area to Platt National Park. In 1976, Platt National Park, the
Arbuckle Recreation Area, and additional lands were combined
and renamed Chickasaw National Recreation Area to protect and
expand water and other resources, to memorialize the history
and culture of the Chickasaw Nation, and to provide for public
outdoor recreation.
From prehistoric times to the present, access to the
combination of cool water, mineral springs, cool breezes,
shade, and wildlife has created at Chickasaw National
Recreation Area an experience that sets it apart from the
surrounding environment. The springs and streams of Chickasaw
come from a complex geological and hydrological feature and
these resources have been economically and environmentally
significant throughout the history of the region, and are
valuable for scientific research.
The park holds a vast diversity of natural resources. These
unique flora, fauna, waters, and geological formations have
withstood the external pressures of man made and natural
changes.
The Secretary, the Chickasaw Nation and the City have
completed all required environmental compliance and have signed
a preliminary agreement to effect the land exchange to allow
the construction of a cultural center. The value of the federal
land and non-federal land is approximately equal, as determined
by the Secretary through an appraisal performed by a qualified
appraiser and in conformance with the Uniform Appraisal
Standards for Federal Land Acquisitions. Through the signed
preliminary agreement, the Chickasaw Nation has agreed to bear
all costs associated with this transfer, including
environmental surveys, appraisals, boundary surveys, title
examinations, and closing costs.
The land to be conveyed to the Chickasaw Nation holds
significant historical and cultural connections for the people
of the Nation, and the proposed use by the Nation is consistent
with protecting park values.
The Department proposes two amendments following this
statement. First, we are concerned that the bill does not
specify what duties and responsibilities are required of the
Secretary in taking the land into trust. The Department has
devoted a great deal of time to trust reform discussions. The
nature of the trust relationship is now often the subject of
litigation, and much of the current controversy over trust
stems from the failure to have clear guidance as to the
parameters, roles and responsibilities of the trustee and the
beneficiary. As Trustee, the Secretary may face a variety of
issues, including land use and zoning issues. Accordingly, the
Secretary's trust responsibility to manage the land should be
addressed with clarity and precision.
The Department has an established regulatory process for
taking land into trust that would provide such clarification.
Before land is taken into trust through this process, the
Secretary considers important issues such as the use of the
land and the potential impact upon the relationship between the
tribe and local residents. If Congress directs the Secretary to
take land into trust, as it does in the bill, we feel that
Congress should clarify what that relationship means. Both the
Executive Branch and the Judicial Branch are faced with the
question of what exactly does Congress intend when it puts land
into trust status. Congress should decide these issues, not the
courts.
Therefore, we recommend the Committee set forth in the bill
the specific trust duties it wishes the United States to assume
with respect to the acquisition of these lands for the
Chickasaw. For example, the bill should be more specific about
the use of the trust property. We understand that the Chickasaw
Nation, the State of Oklahoma, the City of Sulfur and the
National Park Service have worked to address some of these
issues, including the use of the trust land. An amendment that
in part reflects this agreement is provided at the end of this
testimony. The benefits of either the Department's regulatory
approach or Congress providing more specific direction
concerning the Secretary's trust duties are that it would
clearly establish the beneficiary's expectations, clearly
define the roles and responsibilities of each party, and
establish how certain services are provided to tribal members.
Second, we would like to clarify that the boundary of
Chickasaw National Recreation Area will be adjusted to reflect
the exchange of the two parcels.
Mr. Chairman, that concludes my statement. I would be
pleased to answer any questions you or other members of the
subcommittee may have.
Proposed amendments
Page 5, line 6 strike ``to allow the construction of a
cultural center and to protect'' and insert ``for the exclusive
purposes of constructing and operating a tribal cultural center
to interpret the culture and history of the Chickasaw Nation
and for protecting''.
Page 6, line 8 strike all after ``Boundary Revision.--''
and insert ``Upon completion of the conveyance of the non-
Federal land to the Secretary pursuant to this Act, the
Secretary shall revise the boundary of Chickasaw National
Recreation Area to reflect the exchange with the Chickasaw
Nation.''.
changes in existing law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 2374 as ordered
reported.