[Congressional Record Volume 156, Number 99 (Tuesday, June 29, 2010)]
[House]
[Pages H4927-H4928]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                FOUNTAINHEAD PROPERTY LAND TRANSFER ACT

  Mr. BOREN. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 1554) to take certain property in McIntosh County, Oklahoma, into 
trust for the benefit of the Muscogee (Creek) Nation, and for other 
purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1554

       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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Oklahoma (Mr. Boren) and the gentleman from Washington (Mr. Hastings) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Oklahoma.

[[Page H4928]]

                             General Leave

  Mr. BOREN. I ask unanimous consent that all Members may have 5 
legislative days in which to revise and extend their remarks and 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Oklahoma?
  There was no objection.
  Mr. BOREN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 1554 would take certain property in McIntosh 
County, Oklahoma, into trust for the benefit of the Muscogee Creek 
Nation.
  The Creek Nation has over 69,000 enrolled citizens at its 
headquarters in my district in beautiful eastern Oklahoma. As part of 
their effort to provide economic development in this very rural area of 
Oklahoma, the Nation purchased the Fountainhead Lodge and 48 
surrounding acres from the State of Oklahoma.
  Fountainhead was once touted as the State's premier resort lodge, but 
the property had fallen into disrepair. The Creek Nation hopes to turn 
the property into a destination resort at Lake Eufaula, bringing much-
needed tourism dollars to this distressed area, one of the poorest in 
the Nation.
  The property included a hotel, recreational building and duplex 
cabins, as well as 18 acres of Army Corps of Engineers land that came 
with the property as a lease. A subsequent survey determined that the 
recreational building was located entirely on the Corps' land. The 
Corps suggested that they transfer the ownership of the leased land to 
the Creek Nation to assist in the development of the property.
  On April 21, 2010, the Committee on Natural Resources held a hearing 
on this legislation. The administration testified in support of the 
bill, but expressed concerns with the manner in which it was drafted. 
At the full committee markup, I offered an amendment in the nature of a 
substitute to address their concerns. The bill as amended was favorably 
reported by voice vote.
  Additional changes have been made to H.R. 1554. The bill now 
prohibits gaming on the lands that are subsequent to this legislation. 
Further, a provision was added to ensure that if there are hazardous 
materials on the lands, the Federal Government remains responsible for 
cleaning them up. Finally, language was added to account for any 
budgetary impacts this legislation may have.
  Enactment of H.R. 1554 would allow the Creek Nation to move forward 
with their plans to build a full-scale lake resort. This project will 
bring hundreds of much-needed jobs and economic prosperity to the 
region. Resolutions of support for this project have been passed by 
members of the legislature from the Lake Eufaula area, Checotah Chamber 
of Commerce, City of Henryetta, City of Eufaula, and the Lake Eufaula 
Association.
  I ask my colleagues to support passage of this legislation.
  Mr. Speaker, I submit for the Record an exchange of letters between 
the Committee on Natural Resources and the Committee on Transportation 
and Infrastructure concerning H.R. 1554.

                                         House of Representatives,


                               Committee on Natural Resources,

                                    Washington, DC, June 28, 2010.
     Hon. James Oberstar,
     Chairman, Committee on Transportation and Infrastructure, 
         Washington, DC.
       Dear Mr. Chairman: Thank you for your willingness to 
     expedite floor consideration of H.R. 1554, a bill to take 
     certain property in McIntosh County, Oklahoma, into trust for 
     the benefit of the Muscogee (Creek) Nation.
       I appreciate your willingness to waive rights to further 
     consideration of H.R. 1554, notwithstanding the 
     jurisdictional interest of the Committee on Transportation 
     and Infrastructure. Of course, this waiver does not prejudice 
     any further jurisdictional claims by your Committee over this 
     legislation or similar language. Furthermore, I agree to 
     support your request for appointment of conferees from the 
     Committee on Transportation and Infrastructure if a 
     conference is held on this matter.
       This exchange of letters will be placed in the committee 
     report and inserted in the Congressional Record as part of 
     the consideration of the bill on the House floor. Thank you 
     for the cooperative spirit in which you have worked regarding 
     this matter and others between our respective committees.
       With warm regards, I am
           Sincerely,
                                                Nick J. Rahall II,
     Chairman, Committee on Natural Resources.
                                  ____

         House of Representatives, Committee on Transportation and 
           Infrastructure,
                                    Washington, DC, June 28, 2010.
     Hon. Nick Rahall,
     Chairman, Committee on Natural Resources, Washington, DC.
       Dear Chairman Rahall: I write to you regarding H.R. 1554, a 
     bill to take certain property in McIntosh County, Oklahoma, 
     into trust for the benefit of the Muscogee (Creek) Nation.
       H.R. 1554 contains provisions that fall within the 
     jurisdiction of the Committee on Transportation and 
     Infrastructure. I recognize and appreciate your desire to 
     bring this legislation before the House in an expeditious 
     manner and, accordingly, I will not seek a sequential 
     referral of the bill. However, I agree to waive consideration 
     of this bill with the mutual understanding that my decision 
     to forgo a sequential referral of the bill does not waive, 
     reduce, or otherwise affect the jurisdiction of the Committee 
     on Transportation and Infrastructure over H.R. 1554.
       Further, the Committee on Transportation and Infrastructure 
     reserves the right to seek the appointment of conferees 
     during any House-Senate conference convened on this 
     legislation on provisions of the bill that are within the 
     Committee's jurisdiction. I ask for your commitment to 
     support any request by the Committee on Transportation and 
     Infrastructure for the appointment of conferees on H.R. 1554 
     or similar legislation.
       Please place a copy of this letter and your response 
     acknowledging the Committee on Transportation and 
     Infrastructure's jurisdictional interest in the Committee 
     Report on H.R. 1554 and in the Congressional Record during 
     consideration of the measure in the House.
       I look forward to working with you as we prepare to pass 
     this important legislation.
           Sincerely,
                                          James L. Oberstar, M.C.,
                                                         Chairman.

  I reserve the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, the gentleman from Oklahoma has adequately described the 
purpose of this bill. I am pleased to lend my support to this bill, 
which will enable the Muscogee Creek Nation of Oklahoma to acquire land 
and put it into productive use at no cost to the taxpayer.
  I also appreciate the sponsor, the gentleman from Oklahoma, and the 
chairman of the committee, for ironing out the minor technical concerns 
that were brought up in relation to gaming in the original version of 
the bill. I think those improvements add to this bill. This is a good 
bill as it has been amended, and I urge its adoption.
  Mr. Speaker, I yield back the balance of my time.
  Mr. BOREN. Mr. Speaker, I also want to particularly thank the 
chairman for allowing us to have the hearing and for the markup, but I 
really want to say a special thank you to the ranking member and his 
staff for working with us on these technical changes and making sure 
that everything was ironed out.
  I want to thank the Creek Nation for all the hard work it has put 
into this legislation. I want to thank the Chief, the Council, and all 
the community leaders that have made this possible. I ask for a ``yes'' 
vote.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Oklahoma (Mr. Boren) that the House suspend the rules 
and pass the bill, H.R. 1554, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BOREN. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________