[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4844 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4844
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
June 11, 2014
Mr. Mullin introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
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 approximately 18.33 acres of
Federal land depicted as ``USACE'' on the map titled ``Muscogee
(Creek) Nation Proposed Land Acquisition'' and dated May 23,
2014.
(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.).
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