HR 475
112th CONGRESS
1st Session
H. R. 475
To take certain property in McIntosh County, Oklahoma, into trust
for the benefit of the Muscogee (Creek) Nation, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 26, 2011
Mr. BOREN introduced the following bill; which was referred to the Committee
on Transportation and Infrastructure, and in addition to the Committee on
the Budget, 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 take certain property in McIntosh County, Oklahoma, into trust
for the benefit of the Muscogee (Creek) Nation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Fountainhead Property Land Transfer Act'.
SEC. 2. TRANSFER OF LAND; LAND INTO TRUST.
(a) In General- Immediately after completion of the survey required under
subsection (b), the receipt of consideration and costs required under subsection
(c), and satisfaction of all terms specified by the Secretary and the Secretary
of the Army under subsection (d), administrative jurisdiction of the Property
shall be transferred from the Secretary of the Army to the Secretary, and
the Secretary shall take the Property into trust for the benefit of the tribe.
(b) Survey- The exact acreage and legal description of the Property shall
be determined by a survey satisfactory to the Secretary and the Secretary
of the Army.
(c) Consideration; Costs- The tribe shall pay--
(1) to the Secretary of the Army fair market value of the Property, as determined
by the Secretary of the Army; and
(2) all costs and administrative expenses associated with the transfer of
administrative jurisdiction of the Property and taking the Property into
trust pursuant to subsection (a), including costs of the survey provided
for in subsection (b) and any environmental remediation.
(d) Other Terms and Conditions- The transfer of administrative jurisdiction
of the Property and taking the Property into trust shall be subject to such
other terms and conditions as the Secretary and the Secretary of the Army
consider appropriate to protect the interests of the United States, including
reservation of flowage easements consistent with the Acquisition Guide Line
for Flowage Easement for the Lake Eufaula project and other applicable policies
for that project.
(e) Definitions- For the purposes of this section:
(1) PROPERTY- The term `Property' means, subject to valid existing rights,
all right, title, and interest of the United States in and to the Federal
land generally described as the approximately 18 acres of Federal land located
in McIntosh County, Oklahoma, within the boundary of the Muscogee (Creek)
Nation and located in the northwest quarter of section 3, township 10 north,
range 16 east, McIntosh County, Oklahoma, at Lake Eufaula.
(2) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(3) TRIBE- The term `tribe' means the Muscogee (Creek) Nation.
(f) Gaming Prohibition- The tribe may not conduct on any land taken into trust
pursuant to this Act any gaming activities--
(1) as a matter of claimed inherent authority; or
(2) under any Federal law, including the Indian Gaming Regulatory Act (25
U.S.C. 2701 et seq.) and any regulations promulgated by the Secretary or
the National Indian Gaming Commission pursuant to that Act.
(g) Savings Provision- Nothing in this section shall be construed to affect
or limit the application of, or any obligation to comply with, any environmental
law, including the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(h) PAYGO- The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference
to the latest statement titled `Budgetary Effects of PAYGO Legislation' for
this Act, submitted for printing in the Congressional Record by the chairman
of the House Budget Committee, provided that such statement has been submitted
prior to the vote on passage.
END
