[Congressional Record Volume 164, Number 9 (Tuesday, January 16, 2018)]
[House]
[Pages H392-H394]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          POARCH BAND OF CREEK INDIANS LAND REAFFIRMATION ACT

  Mr. GIANFORTE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1532) to reaffirm that certain land has been taken into 
trust for the benefit of the Poarch Band of Creek Indians, and for 
other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1532

       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:

[[Page H393]]

       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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Montana (Mr. Gianforte) and the gentlewoman from Hawaii (Ms. Hanabusa) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Montana.


                             General Leave

  Mr. GIANFORTE. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and to 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Montana?
  There was no objection.
  Mr. GIANFORTE. Mr. Speaker, I yield myself such time as I may 
consume.
  H.R. 1532, sponsored by the gentleman from Alabama (Mr. Byrne), would 
ratify the trust status of lands the Secretary of the Interior 
currently holds for the benefit of the Poarch Band of Creek Indians of 
Alabama. The lands are located in the State of Alabama, with the 
exception of 1 acre of land in the State of Florida.
  The Tribe's trust lands are used for a variety of Tribal purposes, 
including the operation of casinos authorized under the Indian Gaming 
Regulatory Act, a health clinic, an assisted living facility, and other 
facilities and development serving the needs of the Tribe and the local 
communities.
  H.R. 1532 applies only to specific tracts of land taken in trust 
prior to a 2009 ruling by the Supreme Court, a ruling whose 
significance I will describe in a moment.
  Lands held in trust by the Secretary of the Interior have a unique 
political status. The lands are regulated by Tribes and the Federal 
Government pursuant to a variety of statutes that restrict their 
alienation, and protect them from taxation and from State civil and 
criminal jurisdiction.
  In addition, gaming may not be conducted by a Tribe under the Indian 
Gaming Regulatory Act of 1988 unless the casino is located on trust or 
reservation lands.
  H.R. 1532 is necessary because there is a cloud of uncertainty over 
the title of the Poarch Band's existing trust lands. The Poarch Band 
obtained formal Federal recognition in 1984 and lands for the benefit 
of the Tribe were taken by the Secretary of the Interior in trust 
pursuant to the Indian Reorganization Act of 1934, or the IRA.
  In a 2009 Supreme Court opinion commonly called Carcieri, the Court 
held that the Secretary may not use the IRA to acquire land in trust 
for a Tribe unless the Tribe was under Federal jurisdiction when the 
IRA was enacted in 1934. While the Poarch Band was not a party to the 
case, the effect of the Supreme Court case calls into question the 
lawfulness of the Secretary's acquisition of the Tribe's lands because 
the Tribe was federally recognized 50 years after the IRA.
  H.R. 1532 would clear up any question over the validity of the 
Secretary's action to take the Tribe's existing lands into trust. It 
will create a needed certainty for the Tribe to use it for a variety of 
uses that might otherwise be prohibited were the lands to fall under 
State jurisdiction.
  Because the bill ratifies the trust status for lands acquired by the 
Secretary prior to 2009, there is no concern that we are ratifying any 
action taken by the Secretary that might violate the IRA, as defined by 
the Supreme Court.
  There is precedent for this legislation. In 2013, Congress enacted 
legislation to ratify the trust status of lands for the Gun Lake Tribe 
in Michigan, a Tribe that was recognized in recent years, like the 
Poarch Band.
  Mr. Speaker, I urge adoption of this measure, and I reserve the 
balance of my time.
  Ms. HANABUSA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the Poarch Band of Creek Indians is the only federally 
recognized Tribe in Alabama. The Tribe was administratively recognized 
by the Bureau of Indian Affairs in 1984 and, thereafter, acquired trust 
land in both Alabama and Florida.
  However, like other Tribes recognized post-1924, the status of Poarch 
Band's trust lands have been under legal attack due to the 
ramifications of the 2009 Supreme Court Carcieri decision.
  The Tribe currently maintains several facilities for use of its 
members on its trust lands, as well as owning and operating two 
casinos. H.R. 1532 would simply ratify and reaffirm this trust status 
of the Poarch Band's lands, protecting the lands against further 
litigation.
  Mr. Speaker, I urge my colleagues to support adoption of this 
legislation, and I reserve the balance of my time.
  Mr. GIANFORTE. Mr. Speaker, I yield 3 minutes to the gentleman from 
Alabama (Mr. Byrne).
  Mr. BYRNE. Mr. Speaker, H.R. 1532, the Poarch Band of Creek Indians 
Land Reaffirmation Act, is a commonsense, bipartisan bill that will 
provide much-needed certainty to an Indian Tribe in my district.
  The Poarch Creek Indians are a valued and trusted part of our 
community in southwest Alabama. Their economic impact in Escambia 
County, Alabama, speaks for itself. From their help with funding for 
community projects to their business enterprises that employ thousands 
of Alabamians, the Poarch help make life better for so many people in 
our area.
  This legislation is necessary due to the legal uncertainty caused by 
the Supreme Court decision in Carcieri v. Salazar. This decision has 
unnecessarily created legal ambiguity about whether the Poarch Creek 
land is actually in trust or not.
  To be clear: this legislation would not have any change over the way 
the Poarch Band or their land are currently being treated in Alabama. 
In fact, this legislation simply provides legal certainty to help 
prevent future challenges regarding the status of the Tribe's land.
  I am pleased we were able to attract bipartisan support for the 
legislation, including a unanimous vote out of the Natural Resources 
Committee last year. I also want to extend my gratitude to Chairman 
Bishop, Ranking Member Grijalva, and the committee staff for their 
commitment to Indian issues and their work on this legislation.
  Ultimately, I urge my colleagues to join me in supporting this 
commonsense, straightforward legislation to give much-needed legal 
certainty to the Poarch Band of Creek Indians.
  Ms. HANABUSA. Mr. Speaker, in closing, I just would like to ask all 
of my colleagues to support H.R. 1532, the Poarch Band of Creek Indians 
Land Reaffirmation Act.
  Mr. Speaker, I yield back the balance of my time.

                              {time}  1730

  Mr. GIANFORTE. Mr. Speaker, I yield 2 minutes to the gentleman from 
Florida (Mr. Gaetz).
  Mr. GAETZ. Mr. Speaker, I thank the gentleman from Montana (Mr. 
Gianforte) for yielding me time, and I thank the gentleman from Alabama 
(Mr. Byrne) for his leadership on this issue.
  Mr. Speaker, I rise in support of the Poarch Band of Creek Indians 
Land Reaffirmation Act and encourage my colleagues to do the same.
  The Poarch Creek have been in Alabama and northwest Florida since the 
War of 1812, but they were only recognized federally in 1984. Soon 
afterward,

[[Page H394]]

the Poarch Creek obtained land in both Florida and Alabama, land that 
was held in trust.
  The Poarch Creek contribute greatly to the Florida and Alabama 
region. Their unique history forms a vital part of our culture, and 
their businesses strengthen our region's economy and create jobs. They 
give back to our community from museums to scholarships to services for 
the elderly and students and much more.
  But if lands currently in trust lost their status, the Tribal economy 
could be shattered, businesses could close, incomes could plummet, and 
we would have robbed our Nation of a great part of its cultural 
heritage, all in the name of a confusing legal decision.
  This good bill reaffirms the trust status of the Poarch Creek land. 
It is fair, just, and important, and I encourage my colleagues to 
support it.
  Mr. GIANFORTE. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Montana (Mr. Gianforte) that the House suspend the rules 
and pass the bill, H.R. 1532.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________