H. R To reaffirm that certain land has been taken into trust for the benefit of the Poarch Band of Creek Indians, and for other purposes.
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- Chester Kennedy
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1 I 114TH CONGRESS 2D SESSION H. R 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 JUNE 15, 2016 Mr. BYRNE (for himself, Mr. MILLER of Florida, Ms. SEWELL of Alabama, Mr. BROOKS of Alabama, and Mr. SESSIONS) introduced the following bill; which was referred to the Committee on Natural Resources 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. emcdonald on DSK9F6TC42PROD with BILLS 7 (a) IN GENERAL. All lands taken into trust by the 8 United States for the benefit of the Poarch Band of Creek 9 Indians prior to the date of enactment of this Act are re- VerDate Sep :59 Jun 17, 2016 Jkt PO Frm Fmt 6652 Sfmt 6201 E:\BILLS\H5486.IH H5486
2 2 1 affirmed as trust land and shall remain as Indian country 2 under section 1151 of title 18, United States Code. 3 (b) DESCRIPTION OF LAND. The land referred to in 4 subsection (a) is comprised of the following: 5 (1) The approximately acres described in 6 the final Notice of the Department of Interior s 7 Poarch Band of Creeks Establishment of Reserva- 8 tion (50 Fed. Reg (April 18, 1985)), and 9 Poarch Band of Creeks; Establishment of Reserva- 10 tion: Correction (50 Fed. Reg (May 10, )), and shown on Poarch Band of Creek Indi- 12 ans Trust Lands Maps 1, 2, and 5 as Reserva- 13 tion. 14 (2) The approximately 1 acre named as Parcel 15 5 located within the exterior geographic boundaries 16 of Escambia County, Florida, which was taken into 17 trust by the Department of Interior via Statutory 18 Warranty Deed on November 21, 1984, shown on 19 Poarch Band of Creek Indians Trust Lands Map 7, 20 and further described as: 21 Commence at the Southeast corner of the 22 Northwest Quarter of Section 5, Township 5 23 North, Range 33 West, Escambia County, Flor- 24 ida; thence go West along the South line of the 25 Northwest Quarter of said Section 5 for a dis- VerDate Sep :59 Jun 17, 2016 Jkt PO Frm Fmt 6652 Sfmt 6201 E:\BILLS\H5486.IH H5486
3 3 1 tance of 420 feet; thence run North for a dis- 2 tance of 40 feet to the point of beginning; 3 thence continue North along said line for a dis- 4 tance of 210 feet; thence run West for a dis- 5 tance of 210 feet; thence run South for a dis- 6 tance of 210 feet; thence run East 210 feet to 7 the point of beginning, containing one acre, 8 more or less. 9 (3) The approximately 1 acre named as Parcel 10 6 located within the exterior geographic boundaries 11 of Monroe County, Alabama, which was taken into 12 trust by the Department of Interior via Statutory 13 Warranty Deed on November 21, 1984, shown on 14 Poarch Band of Creek Indians Trust Lands Map 3, 15 and further described as: 16 One acre in a square in Southeast corner 17 of the ten-acre strip on the North side of South 18 Half of Southeast Quarter lying West of the 19 highway in Section 26, Township 5 North, 20 Range 6 East, being the same property con- 21 veyed to the Grantor by deed dated July 23, and filed for record in the office of the 23 Judge of Probate of Monroe County, Alabama 24 on July 23, 1984, and by correction deed dated 25 November 21, VerDate Sep :59 Jun 17, 2016 Jkt PO Frm Fmt 6652 Sfmt 6201 E:\BILLS\H5486.IH H5486
4 4 1 (4) The approximately 10 acres named as Par- 2 cel 12 located within the exterior geographic bound- 3 aries of Escambia County, Alabama, which were 4 taken into trust by the Department of Interior via 5 Correction Deed on November 21, 1988, shown on 6 Poarch Band of Creek Indians Trust Lands Map 4, 7 and further described as: 8 Begin at a 2 iron pipe at the intersection 9 of the South line of Section 5, Township 1 10 North, Range 6 East, and the East right of 11 way line of Alabama State Highway No. 21; 12 thence run S E along said South 13 line of Section 5 a distance of feet; 14 thence run N W a distance of feet; thence run N W a dis- 16 tance of feet to the aforementioned East 17 right of way line of Alabama State Highway 18 No. 21; thence run S W along said 19 East right of way line a distance of feet 20 to the point of beginning, said property lying 21 and being all in Section 5, Township 1 North, 22 Range 6 East, and containing acres, 23 more or less. 24 (5) The approximately 10 acres named as Par- 25 cel 10 located within the exterior geographic bound- VerDate Sep :59 Jun 17, 2016 Jkt PO Frm Fmt 6652 Sfmt 6201 E:\BILLS\H5486.IH H5486
5 5 1 aries of Escambia County, Alabama, which were 2 taken into trust by the Department of Interior via 3 Warranty Deed on August 17, 1992, shown on 4 Poarch Band of Creek Indians Trust Lands Map 2, 5 and further described as: 6 Commencing at the Southeast corner of 7 the Northeast 1/4 of Southwest 1/4 - Section 8 28 Township 2 North Range 6 East; thence 9 North feet; thence North 89 degrees 10 West 2726 feet to the point of beginning; 11 thence North 89 degrees West 100 feet; thence 12 South 210 feet; thence North 89 degrees West feet; thence South 0 degrees 21 minutes 14 West feet; thence South 84 degrees minutes East 966 feet; thence North 28 degrees minutes East 300 feet; thence North 89 de- 17 grees West 148 feet; thence North feet 18 to point of beginning. Containing acres. 19 (6) The approximately 52 acres named as Par- 20 cel 14 located within the exterior geographic bound- 21 aries of Escambia County, Alabama, which was 22 taken into trust by the Department of Interior via 23 Warranty Deed on August 17, 1992, shown on 24 Poarch Band of Creek Indians Trust Lands Map 1, 25 and further described as: VerDate Sep :59 Jun 17, 2016 Jkt PO Frm Fmt 6652 Sfmt 6201 E:\BILLS\H5486.IH H5486
6 6 1 All of the North half of Northwest Quarter 2 of Section 34, Township 2 North, Range 5 East 3 lying East of the Poarch-Perdido Road. 4 (7) The approximately 31 acres named as Par- 5 cel 15 located within the exterior geographic bound- 6 aries of Escambia County, Alabama, which were 7 taken into trust by Warranty Deed on August 17, , shown on Poarch Band of Creek Indians 9 Trust Lands Map 1, and further described as: 10 All of the West Half of Northwest Quarter 11 of Section 34, Township 2 North, Range 5 East 12 lying North of Dees Road and West of the 13 Poarch-Perdido Road. 14 (8) The approximately 8 acres named as Parcel located within the exterior geographic boundaries 16 of Escambia County, Alabama, which were taken 17 into trust by the Department of Interior via War- 18 ranty Deed on August 17, 1992, shown on Poarch 19 Band of Creek Indians Trust Lands Map 1, and fur- 20 ther described as: 21 Beginning at the Southwest corner of 22 Northwest Quarter of Southwest Quarter of 23 Section 27, Township 2 North, Range 5 East, 24 thence run East 1145 feet to the public road; 25 thence North 3 degrees 15 minutes East 380 VerDate Sep :59 Jun 17, 2016 Jkt PO Frm Fmt 6652 Sfmt 6201 E:\BILLS\H5486.IH H5486
7 7 1 feet along said road; thence run West feet; thence run South 380 feet to point of be- 3 ginning containing ten acres, except two acres 4 described as follows: 5 Beginning at the aforesaid point of begin- 6 ning thence run East 848 feet to the starting 7 point; thence run North 297 feet, thence run 8 East 298 feet, more or less, to the West right 9 of way of Old Sullivan Mill Road; thence run 10 Southwesterly along said right of way to the 11 South line of Northwest Quarter of Southwest 12 Quarter of said Section 27; thence run West feet to the starting point, containing eight 14 acres, more or less. 15 (9) The approximately 34 acres named as Par- 16 cel 22 located within the exterior geographic bound- 17 aries of Escambia County, Alabama, which was 18 taken into trust by the Department of Interior via 19 Warranty Deed on August 17, 1992, shown on 20 Poarch Band of Creek Indians Trust Lands Map 1, 21 and further described as: 22 Commence at a one-inch metal pipe being 23 the Southwest corner of Section 27, Township 24 2 North, Range 5 East Escambia County, Ala- 25 bama; thence go N W along the VerDate Sep :59 Jun 17, 2016 Jkt PO Frm Fmt 6652 Sfmt 6201 E:\BILLS\H5486.IH H5486
8 8 1 West line of said Section 27 for a distance of feet to a point on the Northerly right of 3 way line of Jackson Road (40 foot right of 4 way), said point also being the point of begin- 5 ning; thence continue N W along 6 said West section line for a distance of feet to the Northwest corner of the Southwest 8 Quarter of Southwest Quarter at said Section 9 27; thence go N E along the North 10 line of said Southwest Quarter of Southwest 11 Quarter for a distance of feet to the 12 Westerly right of way line of Poarch-Perdido 13 Road (40 foot right of way); thence go S W along said Westerly right of way line 15 for a distance of feet: thence go S W for a distance of 40.0 feet; thence 17 go S W along aforesaid Westerly 18 right of way line for a distance of feet; 19 thence go S W along aforesaid 20 right of way line for a distance of feet; 21 thence go S W along aforesaid 22 right of way for a distance of feet to the 23 intersection with the Northerly right of way of 24 said Jackson Road; thence go S W 25 along said Northerly right of way line for a dis- VerDate Sep :59 Jun 17, 2016 Jkt PO Frm Fmt 6652 Sfmt 6201 E:\BILLS\H5486.IH H5486
9 9 1 tance of feet to the point of beginning, 2 it being the intention to describe herein and 3 convey hereby all of the Southwest Quarter of 4 Southwest Quarter of Section 27, Township 2 5 North, Range 5 East, lying West of the public 6 road. 7 (10) The approximately 13 acres named as Par- 8 cel 17 located within the exterior geographic bound- 9 aries of Montgomery County, Alabama, which were 10 taken into trust by the Department of Interior via 11 Warranty Deed on March 23, 1995, shown on 12 Poarch Band of Creek Indians Trust Lands Map 6, 13 and further described as: 14 Commence at the SW corner of Section 27, 15 T-17-N, R-19-E, Montgomery County, Alabama 16 and run EAST, feet; thence NORTH, feet to a point on existing fence line 18 and being the Point of Beginning; Thence con- 19 tinue along said fence line S E, feet; Thence continue along said fence 21 line S E, feet; Thence continue 22 along said fence line N E, feet 23 to an existing iron pin; Thence continue along 24 said fence line N W, feet to an 25 existing iron pin; Thence leaving said fence line VerDate Sep :59 Jun 17, 2016 Jkt PO Frm Fmt 6652 Sfmt 6201 E:\BILLS\H5486.IH H5486
10 N W, feet to a point on the southeast edge of the Tallapoosa River; Thence along said edge S W, feet; Thence leaving said edge S E, feet to a point on an existing fence line; Thence along said fence line S E, feet; Thence continue along said fence line S E, feet; Thence continue along said fence line S E, 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 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. Æ emcdonald on DSK9F6TC42PROD with BILLS VerDate Sep :59 Jun 17, 2016 Jkt PO Frm Fmt 6652 Sfmt 6301 E:\BILLS\H5486.IH H5486
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