[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 475 Introduced in House (IH)]

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.
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