I 

112TH CONGRESS 

1ST SESSION H. R. 475 

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 

JANUARY 26, 2011 

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

on Transportation and Infrastructure, and in addition to the Committee 

on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

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 


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

2 satisfaction of all terms specified by the Secretary and the 

3 Secretary of the Army under subsection (d), administra4 tive jurisdiction of the Property shall be transferred from 

5 the Secretary of the Army to the Secretary, and the Sec6 retary shall take the Property into trust for the benefit 

7 of the tribe. 

8 (b) SURVEY.—The exact acreage and legal descrip9 tion of the Property shall be determined by a survey satis10 factory to the Secretary and the Secretary of the Army. 

11 (c) CONSIDERATION; COSTS.—The tribe shall pay— 

12 (1) to the Secretary of the Army fair market 

13 value of the Property, as determined by the Sec14 retary of the Army; and 

15 (2) all costs and administrative expenses associ16 ated with the transfer of administrative jurisdiction 

17 of the Property and taking the Property into trust 

18 pursuant to subsection (a), including costs of the 

19 survey provided for in subsection (b) and any envi20 ronmental remediation. 

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

22 of administrative jurisdiction of the Property and taking 

23 the Property into trust shall be subject to such other 

24 terms and conditions as the Secretary and the Secretary 

25 of the Army consider appropriate to protect the interests 


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1 of the United States, including reservation of flowage 

2 easements consistent with the Acquisition Guide Line for 

3 Flowage Easement for the Lake Eufaula project and other 

4 applicable policies for that project. 

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

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

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

8 interest of the United States in and to the Federal 

9 land generally described as the approximately 18 

10 acres of Federal land located in McIntosh County, 

11 Oklahoma, within the boundary of the Muscogee 

12 (Creek) Nation and located in the northwest quarter 

13 of section 3, township 10 north, range 16 east, 

14 McIntosh County, Oklahoma, at Lake Eufaula. 

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

16 the Secretary of the Interior. 

17 (3) TRIBE.—The term ‘‘tribe’’ means the 

18 Muscogee (Creek) Nation. 

19 (f) GAMING PROHIBITION.—The tribe may not con20 duct on any land taken into trust pursuant to this Act 

21 any gaming activities— 

22 (1) as a matter of claimed inherent authority; 

23 or 

24 (2) under any Federal law, including the Indian 

25 Gaming Regulatory Act (25 U.S.C. 2701 et seq.) 


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1 and any regulations promulgated by the Secretary or 

2 the National Indian Gaming Commission pursuant 

3 to that Act. 

4 (g) SAVINGS PROVISION.—Nothing in this section 

5 shall be construed to affect or limit the application of, or 

6 any obligation to comply with, any environmental law, in7 cluding the Comprehensive Environmental Response, 

8 Compensation, and Liability Act of 1980 (42 U.S.C. 9601 

9 et seq.). 

10 (h) PAYGO.—The budgetary effects of this Act, for 

11 the purpose of complying with the Statutory Pay-As-You12 Go Act of 2010, shall be determined by reference to the 

13 latest statement titled ‘‘Budgetary Effects of PAYGO 

14 Legislation’’ for this Act, submitted for printing in the 

15 Congressional Record by the chairman of the House 

16 Budget Committee, provided that such statement has been 

17 submitted prior to the vote on passage. 

Æ 


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