I 

113TH CONGRESS 

2D SESSION H. R. 4844 

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 

JUNE 11, 2014 

Mr. MULLIN introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

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 and the 

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1 Secretary of the Army under subsection (d), administra2 tive jurisdiction of the Property shall be transferred from 

3 the Secretary of the Army to the Secretary, and the Sec4 retary shall take the Property into trust for the benefit 

5 of the tribe. 

6 (b) SURVEY.—The exact acreage and legal descrip7 tion of the Property shall be determined by a survey satis8 factory to the Secretary and the Secretary of the Army. 

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

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

11 value of the Property, as determined by the Sec12 retary of the Army; and 

13 (2) all costs and administrative expenses associ14 ated with the transfer of administrative jurisdiction 

15 of the Property and taking the Property into trust 

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

17 survey provided for in subsection (b) and any envi18 ronmental 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 and the Secretary 

23 of the Army consider appropriate to protect the interests 

24 of the United States, including reservation of flowage 

25 easements consistent with the Acquisition Guide Line for 

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1 Flowage Easement for the Lake Eufaula project and other 

2 applicable policies for that 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 of the United States in and to the approxi7 mately 18.33 acres of Federal land depicted as 

8 ‘‘USACE’’ on the map titled ‘‘Muscogee (Creek) Na9 tion Proposed Land Acquisition’’ and dated May 23, 

10 2014. 

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

12 the Secretary of the Interior. 

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

14 Muscogee (Creek) Nation. 

15 (f) GAMING PROHIBITION.—The tribe may not con16 duct on any land taken into trust pursuant to this Act 

17 any gaming activities— 

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

19 or 

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

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

22 and any regulations promulgated by the Secretary or 

23 the National Indian Gaming Commission pursuant 

24 to that Act. 

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

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

3 any obligation to comply with, any environmental law, in4 cluding the Comprehensive Environmental Response, 

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

6 et seq.). 

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