IIB 111th CONGRESS 2d Session H. R. 1554 IN THE SENATE OF THE UNITED STATES July 12, 2010 Received; read twice and referred to the Committee on Environment and Public Works AN ACT To take certain property in McIntosh County, Oklahoma, into trust for the benefit of the Muscogee (Creek) Nation, and for other purposes.

1.

Short title

This Act may be cited as the Fountainhead Property Land Transfer Act.

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.

Passed the House of Representatives June 30, 2010. Lorraine C. Miller, Clerk.