[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1532 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 383
115th CONGRESS
  2d Session
                                H. R. 1532

                          [Report No. 115-513]

To reaffirm that certain land has been taken into trust for the benefit 
      of the Poarch Band of Creek Indians, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 15, 2017

Mr. Byrne (for himself, Mr. Gaetz, Mr. Aderholt, Mr. Brooks of Alabama, 
   Ms. Sewell of Alabama, and Mr. Rogers of Alabama) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

                            January 11, 2018

 Additional sponsors: Mr. Cole, Mr. Cook, Mr. Mooney of West Virginia, 
                             and Mr. Denham

                            January 11, 2018

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
To reaffirm that certain land has been taken into trust for the benefit 
      of the Poarch Band of Creek Indians, 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 ``Poarch Band of Creek Indians Land 
Reaffirmation Act''.

SEC. 2. REAFFIRMATION OF INDIAN TRUST LAND.

    (a) In General.--Lands described in subsection (b) that were taken 
into trust by the United States for the benefit of the Poarch Band of 
Creek Indians prior to the date of enactment of this Act are 
reaffirmed, subject to valid existing rights, as trust land and shall 
remain as Indian country under section 1151 of title 18, United States 
Code.
    (b) Description of Land.--The land referred to in subsection (a) is 
comprised of the following:
            (1) The approximately 229\1/2\ acres described in the final 
        Notice of the Department of the Interior's Poarch Band of 
        Creeks Establishment of Reservation (50 Fed. Reg. 15502 (April 
        18, 1985)), and Poarch Band of Creeks; Establishment of 
        Reservation: Correction (50 Fed. Reg. 19813 (May 10, 1985)), 
        and shown on Poarch Band of Creek Indians Trust Lands Maps 1, 
        2, and 5 as ``Reservation''.
            (2) The approximately 1 acre named as Parcel 5 located 
        within the exterior geographic boundaries of Escambia County, 
        Florida, which was taken into trust by the Department of the 
        Interior via Statutory Warranty Deed on November 21, 1984, 
        shown on Poarch Band of Creek Indians Trust Lands Map 7, and 
        further described as:
                    Commence at the Southeast corner of the Northwest 
                Quarter of Section 5, Township 5 North, Range 33 West, 
                Escambia County, Florida; thence go West along the 
                South line of the Northwest Quarter of said Section 5 
                for a distance of 420 feet; thence run North for a 
                distance of 40 feet to the point of beginning; thence 
                continue North along said line for a distance of 210 
                feet; thence run West for a distance of 210 feet; 
                thence run South for a distance of 210 feet; thence run 
                East 210 feet to the point of beginning, containing one 
                acre, more or less.
            (3) The approximately 1 acre named as Parcel 6 located 
        within the exterior geographic boundaries of Monroe County, 
        Alabama, which was taken into trust by the Department of the 
        Interior via Statutory Warranty Deed on November 21, 1984, 
        shown on Poarch Band of Creek Indians Trust Lands Map 3, and 
        further described as:
                    One acre in a square in Southeast corner of the 
                ten-acre strip on the North side of South Half of 
                Southeast Quarter lying West of the highway in Section 
                26, Township 5 North, Range 6 East, being the same 
                property conveyed to the Grantor by deed dated July 23, 
                1984 and filed for record in the office of the Judge of 
                Probate of Monroe County, Alabama on July 23, 1984, and 
                by correction deed dated November 21, 1984.
            (4) The approximately 10 acres named as Parcel 12 located 
        within the exterior geographic boundaries of Escambia County, 
        Alabama, which were taken into trust by the Department of the 
        Interior via Correction Deed on November 21, 1988, shown on 
        Poarch Band of Creek Indians Trust Lands Map 4, and further 
        described as:
                    Begin at a 2'' iron pipe at the intersection of the 
                South line of Section 5, Township 1 North, Range 6 
                East, and the East right of way line of Alabama State 
                Highway No. 21; thence run S 89 03' 00'' E along said 
                South line of Section 5 a distance of 860.93 feet; 
                thence run N 00 04' 57'' W a distance of 608.47 feet; 
                thence run N 89 56' 20'' W a distance of 575.73 feet 
                to the aforementioned East right of way line of Alabama 
                State Highway No. 21; thence run S 25 32' 21'' W along 
                said East right of way line a distance of 659.22 feet 
                to the point of beginning, said property lying and 
                being all in Section 5, Township 1 North, Range 6 East, 
                and containing 10.09 acres, more or less.
            (5) The approximately 10 acres named as Parcel 10 located 
        within the exterior geographic boundaries of Escambia County, 
        Alabama, which were taken into trust by the Department of the 
        Interior via Warranty Deed on August 17, 1992, shown on Poarch 
        Band of Creek Indians Trust Lands Map 2, and further described 
        as:
                    Commencing at the Southeast corner of the Northeast 
                1/4 of Southwest 1/4 - Section 28 Township 2 North 
                Range 6 East; thence North 577.5 feet; thence North 89 
                degrees West 2726 feet to the point of beginning; 
                thence North 89 degrees West 100 feet; thence South 210 
                feet; thence North 89 degrees West 855 feet; thence 
                South 0 degrees 21 minutes West 378.37 feet; thence 
                South 84 degrees 40 minutes East 966 feet; thence North 
                28 degrees 32 minutes East 300 feet; thence North 89 
                degrees West 148 feet; thence North 395.34 feet to 
                point of beginning. Containing 10.08 acres.
            (6) The approximately 52 acres named as Parcel 14 located 
        within the exterior geographic boundaries of Escambia County, 
        Alabama, which was taken into trust by the Department of the 
        Interior via Warranty Deed on August 17, 1992, shown on Poarch 
        Band of Creek Indians Trust Lands Map 1, and further described 
        as:
                    All of the North half of Northwest Quarter of 
                Section 34, Township 2 North, Range 5 East lying East 
                of the Poarch-Perdido Road.
            (7) The approximately 31 acres named as Parcel 15 located 
        within the exterior geographic boundaries of Escambia County, 
        Alabama, which were taken into trust by Warranty Deed on August 
        17, 1992, shown on Poarch Band of Creek Indians Trust Lands Map 
        1, and further described as:
                    All of the West Half of Northwest Quarter of 
                Section 34, Township 2 North, Range 5 East lying North 
                of Dees Road and West of the Poarch-Perdido Road.
            (8) The approximately 8 acres named as Parcel 16 located 
        within the exterior geographic boundaries of Escambia County, 
        Alabama, which were taken into trust by the Department of the 
        Interior via Warranty Deed on August 17, 1992, shown on Poarch 
        Band of Creek Indians Trust Lands Map 1, and further described 
        as:
                    Beginning at the Southwest corner of Northwest 
                Quarter of Southwest Quarter of Section 27, Township 2 
                North, Range 5 East; thence run East 1145 feet to the 
                public road; thence North 3 degrees 15 minutes East 380 
                feet along said road; thence run West 1167 feet; thence 
                run South 380 feet to point of beginning containing ten 
                acres, except two acres described as follows:
                    Beginning at the aforesaid point of beginning 
                thence run East 848 feet to the starting point; thence 
                run North 297 feet, thence run East 298 feet, more or 
                less, to the West right of way of Old Sullivan Mill 
                Road; thence run Southwesterly along said right of way 
                to the South line of Northwest Quarter of Southwest 
                Quarter of said Section 27; thence run West 297 feet to 
                the starting point, containing eight acres, more or 
                less.
            (9) The approximately 34 acres named as Parcel 22 located 
        within the exterior geographic boundaries of Escambia County, 
        Alabama, which was taken into trust by the Department of the 
        Interior via Warranty Deed on August 17, 1992, shown on Poarch 
        Band of Creek Indians Trust Lands Map 1, and further described 
        as:
                    Commence at a one-inch metal pipe being the 
                Southwest corner of Section 27, Township 2 North, Range 
                5 East Escambia County, Alabama; thence go N 00 38' 
                26'' W along the West line of said Section 27 for a 
                distance of 8.0 feet to a point on the Northerly right 
                of way line of Jackson Road (40 foot right of way), 
                said point also being the point of beginning; thence 
                continue N 00 38' 26'' W along said West section line 
                for a distance of 1321.23 feet to the Northwest corner 
                of the Southwest Quarter of Southwest Quarter at said 
                Section 27; thence go N 89 30' 13'' E along the North 
                line of said Southwest Quarter of Southwest Quarter for 
                a distance of 1146.48 feet to the Westerly right of way 
                line of Poarch-Perdido Road (40 foot right of way); 
                thence go S 00 34' 55'' W along said Westerly right of 
                way line for a distance of 287.65 feet: thence go S 01 
                30' 05'' W for a distance of 40.0 feet; thence go S 00 
                00' 31'' W along aforesaid Westerly right of way line 
                for a distance of 195.59 feet; thence go S 02 34' 30'' 
                W along aforesaid right of way line for a distance of 
                172.73 feet; thence go S 04 24' 35'' W along aforesaid 
                right of way for a distance of 630.72 feet to the 
                intersection with the Northerly right of way of said 
                Jackson Road; thence go S 89 39' 16'' W along said 
                Northerly right of way line for a distance of 1071.43 
                feet to the point of beginning, it being the intention 
                to describe herein and convey hereby all of the 
                Southwest Quarter of Southwest Quarter of Section 27, 
                Township 2 North, Range 5 East, lying West of the 
                public road.
            (10) The approximately 13 acres named as Parcel 17 located 
        within the exterior geographic boundaries of Montgomery County, 
        Alabama, which were taken into trust by the Department of the 
        Interior via Warranty Deed on March 23, 1995, shown on Poarch 
        Band of Creek Indians Trust Lands Map 6, and further described 
        as:
                    Commence at the SW corner of Section 27, T-17-N, R-
                19-E, Montgomery County, Alabama and run EAST, 4340.49 
                feet; thence NORTH, 1806.29 feet to a point on existing 
                fence line and being the Point of Beginning; Thence 
                continue along said fence line S8913'03''E, 136.34 
                feet; Thence continue along said fence line S2349'20'' 
                E, 62.92 feet; Thence continue along said fence line 
                N6923'34''E, 219.92 feet to an existing iron pin; 
                Thence continue along said fence line N1723'26''W, 
                968.84 feet to an existing iron pin; Thence leaving 
                said fence line N1823'28''W, 503.62 feet to a point on 
                the southeast edge of the Tallapoosa River; Thence 
                along said edge S4324'16''W, 618.01 feet; Thence 
                leaving said edge S3949'22''E, 150.00 feet to a point 
                on an existing fence line; Thence along said fence line 
                S2617'56''E, 374.05 feet; Thence continue along said 
                fence line S3939'24''E, 198.60 feet; Thence continue 
                along said fence line S1738'01''E, 386.15 feet to the 
                Point of Beginning. All lying in the E 1/2 Section 27, 
                T-17-N, R 19 E, Montgomery County, Alabama, and 
                containing 12.86 acres more or less.
    (c) Application.--This Act shall apply to all claims, including 
claims challenging the validity of title or the effectiveness of any 
action of the Secretary acquiring and taking land described in 
subsection (b) into trust, that are pending on the date of enactment of 
this Act, or that are filed on or after that date.
                                                 Union Calendar No. 383

115th CONGRESS

  2d Session

                               H. R. 1532

                          [Report No. 115-513]

_______________________________________________________________________

                                 A BILL

To reaffirm that certain land has been taken into trust for the benefit 
      of the Poarch Band of Creek Indians, and for other purposes.

_______________________________________________________________________

                            January 11, 2018

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed