[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 S8913'03''E, 136.34 feet; Thence continue along
said fence line S2349'20'' E, 62.92 feet; Thence continue
along said fence line N6923'34''E, 219.92 feet to an
existing iron pin; Thence continue along said fence line
N1723'26''W, 968.84 feet to an existing iron pin; Thence
leaving said fence line N1823'28''W, 503.62 feet to a point
on the southeast edge of the Tallapoosa River; Thence along
said edge S4324'16''W, 618.01 feet; Thence leaving said edge
S3949'22''E, 150.00 feet to a point on an existing fence
line; Thence along said fence line S2617'56''E, 374.05 feet;
Thence continue along said fence line S3939'24''E, 198.60
feet; Thence continue along said fence line S1738'01''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.
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