[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1532 Reported in House (RH)]
<DOC>
Union Calendar No. 383
115th CONGRESS
2d Session
H. R. 1532
[Report No. 115-513]
To reaffirm that certain land has been taken into trust for the benefit
of the Poarch Band of Creek Indians, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 15, 2017
Mr. Byrne (for himself, Mr. Gaetz, Mr. Aderholt, Mr. Brooks of Alabama,
Ms. Sewell of Alabama, and Mr. Rogers of Alabama) introduced the
following bill; which was referred to the Committee on Natural
Resources
January 11, 2018
Additional sponsors: Mr. Cole, Mr. Cook, Mr. Mooney of West Virginia,
and Mr. Denham
January 11, 2018
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
_______________________________________________________________________
A BILL
To reaffirm that certain land has been taken into trust for the benefit
of the Poarch Band of Creek Indians, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Poarch Band of Creek Indians Land
Reaffirmation Act''.
SEC. 2. REAFFIRMATION OF INDIAN TRUST LAND.
(a) In General.--Lands described in subsection (b) that were taken
into trust by the United States for the benefit of the Poarch Band of
Creek Indians prior to the date of enactment of this Act are
reaffirmed, subject to valid existing rights, as trust land and shall
remain as Indian country under section 1151 of title 18, United States
Code.
(b) Description of Land.--The land referred to in subsection (a) is
comprised of the following:
(1) The approximately 229\1/2\ acres described in the final
Notice of the Department of the Interior's Poarch Band of
Creeks Establishment of Reservation (50 Fed. Reg. 15502 (April
18, 1985)), and Poarch Band of Creeks; Establishment of
Reservation: Correction (50 Fed. Reg. 19813 (May 10, 1985)),
and shown on Poarch Band of Creek Indians Trust Lands Maps 1,
2, and 5 as ``Reservation''.
(2) The approximately 1 acre named as Parcel 5 located
within the exterior geographic boundaries of Escambia County,
Florida, which was taken into trust by the Department of the
Interior via Statutory Warranty Deed on November 21, 1984,
shown on Poarch Band of Creek Indians Trust Lands Map 7, and
further described as:
Commence at the Southeast corner of the Northwest
Quarter of Section 5, Township 5 North, Range 33 West,
Escambia County, Florida; thence go West along the
South line of the Northwest Quarter of said Section 5
for a distance of 420 feet; thence run North for a
distance of 40 feet to the point of beginning; thence
continue North along said line for a distance of 210
feet; thence run West for a distance of 210 feet;
thence run South for a distance of 210 feet; thence run
East 210 feet to the point of beginning, containing one
acre, more or less.
(3) The approximately 1 acre named as Parcel 6 located
within the exterior geographic boundaries of Monroe County,
Alabama, which was taken into trust by the Department of the
Interior via Statutory Warranty Deed on November 21, 1984,
shown on Poarch Band of Creek Indians Trust Lands Map 3, and
further described as:
One acre in a square in Southeast corner of the
ten-acre strip on the North side of South Half of
Southeast Quarter lying West of the highway in Section
26, Township 5 North, Range 6 East, being the same
property conveyed to the Grantor by deed dated July 23,
1984 and filed for record in the office of the Judge of
Probate of Monroe County, Alabama on July 23, 1984, and
by correction deed dated November 21, 1984.
(4) The approximately 10 acres named as Parcel 12 located
within the exterior geographic boundaries of Escambia County,
Alabama, which were taken into trust by the Department of the
Interior via Correction Deed on November 21, 1988, shown on
Poarch Band of Creek Indians Trust Lands Map 4, and further
described as:
Begin at a 2'' iron pipe at the intersection of the
South line of Section 5, Township 1 North, Range 6
East, and the East right of way line of Alabama State
Highway No. 21; thence run S 89 03' 00'' E along said
South line of Section 5 a distance of 860.93 feet;
thence run N 00 04' 57'' W a distance of 608.47 feet;
thence run N 89 56' 20'' W a distance of 575.73 feet
to the aforementioned East right of way line of Alabama
State Highway No. 21; thence run S 25 32' 21'' W along
said East right of way line a distance of 659.22 feet
to the point of beginning, said property lying and
being all in Section 5, Township 1 North, Range 6 East,
and containing 10.09 acres, more or less.
(5) The approximately 10 acres named as Parcel 10 located
within the exterior geographic boundaries of Escambia County,
Alabama, which were taken into trust by the Department of the
Interior via Warranty Deed on August 17, 1992, shown on Poarch
Band of Creek Indians Trust Lands Map 2, and further described
as:
Commencing at the Southeast corner of the Northeast
1/4 of Southwest 1/4 - Section 28 Township 2 North
Range 6 East; thence North 577.5 feet; thence North 89
degrees West 2726 feet to the point of beginning;
thence North 89 degrees West 100 feet; thence South 210
feet; thence North 89 degrees West 855 feet; thence
South 0 degrees 21 minutes West 378.37 feet; thence
South 84 degrees 40 minutes East 966 feet; thence North
28 degrees 32 minutes East 300 feet; thence North 89
degrees West 148 feet; thence North 395.34 feet to
point of beginning. Containing 10.08 acres.
(6) The approximately 52 acres named as Parcel 14 located
within the exterior geographic boundaries of Escambia County,
Alabama, which was taken into trust by the Department of the
Interior via Warranty Deed on August 17, 1992, shown on Poarch
Band of Creek Indians Trust Lands Map 1, and further described
as:
All of the North half of Northwest Quarter of
Section 34, Township 2 North, Range 5 East lying East
of the Poarch-Perdido Road.
(7) The approximately 31 acres named as Parcel 15 located
within the exterior geographic boundaries of Escambia County,
Alabama, which were taken into trust by Warranty Deed on August
17, 1992, shown on Poarch Band of Creek Indians Trust Lands Map
1, and further described as:
All of the West Half of Northwest Quarter of
Section 34, Township 2 North, Range 5 East lying North
of Dees Road and West of the Poarch-Perdido Road.
(8) The approximately 8 acres named as Parcel 16 located
within the exterior geographic boundaries of Escambia County,
Alabama, which were taken into trust by the Department of the
Interior via Warranty Deed on August 17, 1992, shown on Poarch
Band of Creek Indians Trust Lands Map 1, and further described
as:
Beginning at the Southwest corner of Northwest
Quarter of Southwest Quarter of Section 27, Township 2
North, Range 5 East; thence run East 1145 feet to the
public road; thence North 3 degrees 15 minutes East 380
feet along said road; thence run West 1167 feet; thence
run South 380 feet to point of beginning containing ten
acres, except two acres described as follows:
Beginning at the aforesaid point of beginning
thence run East 848 feet to the starting point; thence
run North 297 feet, thence run East 298 feet, more or
less, to the West right of way of Old Sullivan Mill
Road; thence run Southwesterly along said right of way
to the South line of Northwest Quarter of Southwest
Quarter of said Section 27; thence run West 297 feet to
the starting point, containing eight acres, more or
less.
(9) The approximately 34 acres named as Parcel 22 located
within the exterior geographic boundaries of Escambia County,
Alabama, which was taken into trust by the Department of the
Interior via Warranty Deed on August 17, 1992, shown on Poarch
Band of Creek Indians Trust Lands Map 1, and further described
as:
Commence at a one-inch metal pipe being the
Southwest corner of Section 27, Township 2 North, Range
5 East Escambia County, Alabama; thence go N 00 38'
26'' W along the West line of said Section 27 for a
distance of 8.0 feet to a point on the Northerly right
of way line of Jackson Road (40 foot right of way),
said point also being the point of beginning; thence
continue N 00 38' 26'' W along said West section line
for a distance of 1321.23 feet to the Northwest corner
of the Southwest Quarter of Southwest Quarter at said
Section 27; thence go N 89 30' 13'' E along the North
line of said Southwest Quarter of Southwest Quarter for
a distance of 1146.48 feet to the Westerly right of way
line of Poarch-Perdido Road (40 foot right of way);
thence go S 00 34' 55'' W along said Westerly right of
way line for a distance of 287.65 feet: thence go S 01
30' 05'' W for a distance of 40.0 feet; thence go S 00
00' 31'' W along aforesaid Westerly right of way line
for a distance of 195.59 feet; thence go S 02 34' 30''
W along aforesaid right of way line for a distance of
172.73 feet; thence go S 04 24' 35'' W along aforesaid
right of way for a distance of 630.72 feet to the
intersection with the Northerly right of way of said
Jackson Road; thence go S 89 39' 16'' W along said
Northerly right of way line for a distance of 1071.43
feet to the point of beginning, it being the intention
to describe herein and convey hereby all of the
Southwest Quarter of Southwest Quarter of Section 27,
Township 2 North, Range 5 East, lying West of the
public road.
(10) The approximately 13 acres named as Parcel 17 located
within the exterior geographic boundaries of Montgomery County,
Alabama, which were taken into trust by the Department of the
Interior via Warranty Deed on March 23, 1995, shown on Poarch
Band of Creek Indians Trust Lands Map 6, and further described
as:
Commence at the SW corner of Section 27, T-17-N, R-
19-E, Montgomery County, Alabama and run EAST, 4340.49
feet; thence NORTH, 1806.29 feet to a point on existing
fence line and being the Point of Beginning; Thence
continue along said fence line S8913'03''E, 136.34
feet; Thence continue along said fence line S2349'20''
E, 62.92 feet; Thence continue along said fence line
N6923'34''E, 219.92 feet to an existing iron pin;
Thence continue along said fence line N1723'26''W,
968.84 feet to an existing iron pin; Thence leaving
said fence line N1823'28''W, 503.62 feet to a point on
the southeast edge of the Tallapoosa River; Thence
along said edge S4324'16''W, 618.01 feet; Thence
leaving said edge S3949'22''E, 150.00 feet to a point
on an existing fence line; Thence along said fence line
S2617'56''E, 374.05 feet; Thence continue along said
fence line S3939'24''E, 198.60 feet; Thence continue
along said fence line S1738'01''E, 386.15 feet to the
Point of Beginning. All lying in the E 1/2 Section 27,
T-17-N, R 19 E, Montgomery County, Alabama, and
containing 12.86 acres more or less.
(c) Application.--This Act shall apply to all claims, including
claims challenging the validity of title or the effectiveness of any
action of the Secretary acquiring and taking land described in
subsection (b) into trust, that are pending on the date of enactment of
this Act, or that are filed on or after that date.
Union Calendar No. 383
115th CONGRESS
2d Session
H. R. 1532
[Report No. 115-513]
_______________________________________________________________________
A BILL
To reaffirm that certain land has been taken into trust for the benefit
of the Poarch Band of Creek Indians, and for other purposes.
_______________________________________________________________________
January 11, 2018
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed