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H.R. 1554 (111th): Fountainhead Property Land Transfer Act


The text of the bill below is as of Jun 28, 2010 (Reported by House Committee).


IB

Union Calendar No. 293

111th CONGRESS

2d Session

H. R. 1554

[Report No. 111–513]

IN THE HOUSE OF REPRESENTATIVES

March 17, 2009

introduced the following bill; which was referred to the Committee on Natural Resources

June 28, 2010

Additional sponsor: Mr. Cole

June 28, 2010

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Strike out all after the enacting clause and insert the part printed in italic

For text of introduced bill, see copy of bill as introduced on March 17, 2009


A BILL

To take certain property in McIntosh County, Oklahoma, into trust for the benefit of the Muscogee (Creek) Nation, and for other purposes.


1.

Short title

This Act may be cited as the Fountainhead Property Land Transfer Act.

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 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

Gaming pursuant to the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) may not be conducted on the Property, except as provided under section 20(b)(1)(A) of the Indian Gaming Regulatory Act (25 U.S.C. 2719(b)(1)(A)), notwithstanding the exception contained in section 20(a)(2) of that Act (25 U.S.C. 2719(a)(2)).

June 28, 2010

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed