I 

111TH CONGRESS 

1ST SESSION 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. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 17, 2009 

Mr. BOREN introduced the following bill; which was referred to the Committee 

on Natural Resources 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fountainhead Prop5 erty Land Transfer Act’’. 

6 SEC. 2. TRANSFER OF LAND; LAND INTO TRUST. 

7 (a) IN GENERAL.—Immediately after completion of 

8 the survey required under subsection (b), the receipt of 

9 consideration and costs required under subsection (c), and 

10 satisfaction of all terms specified by the Secretary of the 


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1 Interior under subsection (d), administrative jurisdiction 

2 of the Property shall be transferred to the Secretary and 

3 the Secretary shall take the Property into trust for the 

4 benefit of the Tribe. 

5 (b) SURVEY.—The exact acreage and legal descrip6 tion of the Property shall be determined by a survey satis7 factory to the Secretary. 

8 (c) CONSIDERATION; COSTS.—The Tribe shall pay to 

9 the Secretary— 

10 (1) fair market value of the Property, as deter11 mined by the Secretary; 

12 (2) the cost of the survey required by sub13 section (b); and 

14 (3) all costs and administrative expenses associ15 ated with the transfer of administrative jurisdiction 

16 of the Property and taking the Property into trust 

17 pursuant to subsection (a), including costs of any 

18 environmental remediation. 

19 (d) OTHER TERMS AND CONDITIONS.—The transfer 

20 of administrative jurisdiction of the Property and taking 

21 the Property into trust shall be subject to such other 

22 terms and conditions as the Secretary considers appro23 priate to protect the interests of the United States, includ24 ing reservation of flowage easements consistent with the 

25 Acquisition Guide Line for Flowage Easement for the 


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1 Lake Eufaula project and other applicable policies for that 

2 project. 

3 (e) DEFINITIONS.—For the purposes of this section: 

4 (1) PROPERTY.—The term ‘‘Property’’ means, 

5 subject to valid existing rights, all right, title, and 

6 interest (including improvements and appur7 tenances) of the United States in and to the Federal 

8 land generally described as the approximately 18 

9 acres of Federal land located in McIntosh County, 

10 Oklahoma, within the boundary of the Muscogee 

11 (Creek) Nation and located in Northwest Quarter of 

12 Section 3, Township 10 North, Range 16 East, 

13 McIntosh County, Oklahoma, at Lake Eufaula. 

14 (2) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of the Interior. 

16 (3) TRIBE.—The term ‘‘Tribe’’ means the 

17 Muscogee (Creek) Nation. 

18 (f) GAMING.—Gaming pursuant to the Indian Gam19 ing Regulatory Act (25 U.S.C. 2701 et seq.) may not be 

20 conducted on the Property, except as provided under sec21 tion 20(b)(1)(A) of the Indian Gaming Regulatory Act (25 

22 U.S.C. 2719(b)(1)(A)). 

Æ 


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