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 Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To take certain property in McIntosh County, Oklahoma, 
into trust for the benefit of the Muscogee (Creek) Na-
tion, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fountainhead Prop-
erty Land Transfer Act’’. 
SEC. 2. TRANSFER OF LAND; LAND INTO TRUST. 
(a) IN GENERAL.—Immediately after completion of 
the survey required under subsection (b), the receipt of 
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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), administra-
tive jurisdiction of the Property shall be transferred from 
the Secretary of the Army to the Secretary, and the Sec-
retary shall take the Property into trust for the benefit 
of the tribe. 
(b) SURVEY.—The exact acreage and legal descrip-
tion of the Property shall be determined by a survey satis-
factory 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 Sec-
retary of the Army; and 
(2) all costs and administrative expenses associ-
ated 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 envi-
ronmental 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 
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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 the 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 PROHIBITION.—The tribe may not con-
duct on any land taken into trust pursuant to this Act 
any gaming activities— 
(1) as a matter of claimed inherent authority; 
or 
(2) under any Federal law, including the Indian 
Gaming Regulatory Act (25 U.S.C. 2701 et seq.) 
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and any regulations promulgated by the Secretary or 
the National Indian Gaming Commission pursuant 
to that Act. 
(g) SAVINGS PROVISION.—Nothing in this section 
shall be construed to affect or limit the application of, or 
any obligation to comply with, any environmental law, in-
cluding the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
et seq.). 
(h) PAYGO.—The budgetary effects of this Act, for 
the purpose of complying with the Statutory Pay-As-You- 
Go Act of 2010, shall be determined by reference to the 
latest statement titled ‘‘Budgetary Effects of PAYGO 
Legislation’’ for this Act, submitted for printing in the 
Congressional Record by the chairman of the House 
Budget Committee, provided that such statement has been 
submitted prior to the vote on passage. 
Æ 
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