H.R. 1532House115th Congress (2017-2019)Passed House

Poarch Band of Creek Indians Land Reaffirmation Act

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The Poarch Band of Creek Indians Land Reaffirmation Act confirms that several parcels of land previously taken into trust for the Poarch Band of Creek Indians remain trust land and Indian country. It lists the specific parcels in Alabama and Florida and ensures their status against any title challenges. The act applies to any existing or future claims affecting these lands.

Key Provisions

Reaffirms trust status of approximately 229.5 acres of reservation land and ten additional parcels ranging from about 1 to 52 acres in Escambia County, Alabama, Escambia County, Florida, Monroe County, Alabama, and Montgomery County, Alabama.
Provides legal descriptions of each parcel (Parcels 5, 6, 10, 12, 14, 15, 16, 17, 22, etc.) to identify the land covered.
Declares that the listed lands shall remain Indian country under 18 U.S.C. §1151.
Applies the reaffirmation to any pending or future lawsuits challenging title or the Secretary’s authority to take the land into trust.

Legislative Activity

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15 earlier actions

SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Indian Affairs.

Indian Affairs Committee

January 17, 2018

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HouseIntro Referral

Introduced in House

March 15, 2017

HouseIntro Referral

Referred to the House Committee on Natural Resources.

Natural Resources Committee

March 15, 2017

HouseCommittee

Referred to the Subcommittee on Indian, Insular and Alaska Native Affairs.

Indian and Insular Affairs Subcommittee

March 24, 2017

HouseCommittee

Committee Consideration and Mark-up Session Held.

Natural Resources Committee

November 7, 2017

HouseCommittee

Committee Consideration and Mark-up Session Held.

Natural Resources Committee

November 8, 2017

HouseCommittee

Subcommittee on Indian, Insular and Alaska Native Affairs Discharged.

Natural Resources Committee

November 8, 2017

HouseCommittee

Ordered to be Reported by Unanimous Consent.

Natural Resources Committee

November 8, 2017

HouseCommittee

Reported by the Committee on Natural Resources. H. Rept. 115-513.

Natural Resources Committee

January 11, 2018

HouseCalendars

Placed on the Union Calendar, Calendar No. 383.

January 11, 2018

HouseFloor

Mr. Gianforte moved to suspend the rules and pass the bill.

January 16, 2018 • 5:22 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H392-394)

January 16, 2018 • 5:22 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 1532.

January 16, 2018 • 5:22 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H392-393)

January 16, 2018 • 5:31 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H392-393)

January 16, 2018 • 5:31 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

January 16, 2018 • 5:31 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Indian Affairs.

Indian Affairs Committee

January 17, 2018

Floor Debate

4 members

What members said about H.R. 1532 on the floor

3 Republicans1 Democrat

Rep. Greg GianforteR-MT · Jan 16, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1532) to reaffirm that certain land has been taken into trust for the benefit of the Poarch Band of Creek Indians, and for other…

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1532) to reaffirm that certain land has been taken into trust for the benefit of the Poarch Band of Creek Indians, and for other purposes.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and to include extraneous material on the bill under consideration.

Mr. Speaker, I yield myself such time as I may consume.

H.R. 1532, sponsored by the gentleman from Alabama (Mr. Byrne), would ratify the trust status of lands the Secretary of the Interior currently holds for the benefit of the Poarch Band of Creek Indians of Alabama. The lands are located in the State of Alabama, with the exception of 1 acre of land in the State of Florida.

The Tribe's trust lands are used for a variety of Tribal purposes, including the operation of casinos authorized under the Indian Gaming Regulatory Act, a health clinic, an assisted living facility, and other facilities and development serving the needs of the Tribe and the local communities.

H.R. 1532 applies only to specific tracts of land taken in trust prior to a 2009 ruling by the Supreme Court, a ruling whose significance I will describe in a moment.

Lands held in trust by the Secretary of the Interior have a unique political status. The lands are regulated by Tribes and the Federal Government pursuant to a variety of statutes that restrict their alienation, and protect them from taxation and from State civil and criminal jurisdiction.

In addition, gaming may not be conducted by a Tribe under the Indian Gaming Regulatory Act of 1988 unless the casino is located on trust or reservation lands.

H.R. 1532 is necessary because there is a cloud of uncertainty over the title of the Poarch Band's existing trust lands. The Poarch Band obtained formal Federal recognition in 1984 and lands for the benefit of the Tribe were taken by the Secretary of the Interior in trust pursuant to the Indian Reorganization Act of 1934, or the IRA.

In a 2009 Supreme Court opinion commonly called Carcieri, the Court held that the Secretary may not use the IRA to acquire land in trust for a Tribe unless the Tribe was under Federal jurisdiction when the IRA was enacted in 1934. While the Poarch Band was not a party to the case, the effect of the Supreme Court case calls into question the lawfulness of the Secretary's acquisition of the Tribe's lands because the Tribe was federally recognized 50 years after the IRA.

H.R. 1532 would clear up any question over the validity of the Secretary's action to take the Tribe's existing lands into trust. It will create a needed certainty for the Tribe to use it for a variety of uses that might otherwise be prohibited were the lands to fall under State jurisdiction.

Because the bill ratifies the trust status for lands acquired by the Secretary prior to 2009, there is no concern that we are ratifying any action taken by the Secretary that might violate the IRA, as defined by the Supreme Court.

There is precedent for this legislation. In 2013, Congress enacted legislation to ratify the trust status of lands for the Gun Lake Tribe in Michigan, a Tribe that was recognized in recent years, like the Poarch Band.

Mr. Speaker, I urge adoption of this measure, and I reserve the balance of my time.

Mr. Speaker, I yield 3 minutes to the gentleman from Alabama (Mr. Byrne).

Mr. Speaker, I yield 2 minutes to the gentleman from Florida (Mr. Gaetz).

Mr. Speaker, I yield back the balance of my time.

Rep. Bradley ByrneR-AL-1 · Jan 16, 2018

Mr. Speaker, H.R. 1532, the Poarch Band of Creek Indians Land Reaffirmation Act, is a commonsense, bipartisan bill that will provide much-needed certainty to an Indian Tribe in my district. The…

Rep. Matt GaetzR-FL-1 · Jan 16, 2018

Mr. Speaker, I thank the gentleman from Montana (Mr. Gianforte) for yielding me time, and I thank the gentleman from Alabama (Mr. Byrne) for his leadership on this issue. Mr. Speaker, I rise in…

Rep. Colleen HanabusaD-HI-1 · Jan 16, 2018

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, the Poarch Band of Creek Indians is the only federally recognized Tribe in Alabama. The Tribe was administratively recognized by…

Bill Text

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Referred in SenateIssued January 17, 2018

IIB

115th CONGRESS

2d Session

H. R. 1532

IN THE SENATE OF THE UNITED STATES

January 17, 2018

Received; read twice and referred to the Committee on Indian Affairs

AN ACT

To reaffirm that certain land has been taken into trust for the benefit of the Poarch Band of Creek Indians, and for other purposes.

Short title

This Act may be cited as the Poarch Band of Creek Indians Land Reaffirmation Act.

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 229½ 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 S89°13′03′′E, 136.34 feet; Thence continue along said fence line S23°49′20′′ E, 62.92 feet; Thence continue along said fence line N69°23′34′′E, 219.92 feet to an existing iron pin; Thence continue along said fence line N17°23′26′′W, 968.84 feet to an existing iron pin; Thence leaving said fence line N18°23′28′′W, 503.62 feet to a point on the southeast edge of the Tallapoosa River; Thence along said edge S43°24′16′′W, 618.01 feet; Thence leaving said edge S39°49′22′′E, 150.00 feet to a point on an existing fence line; Thence along said fence line S26°17′56′′E, 374.05 feet; Thence continue along said fence line S39°39′24′′E, 198.60 feet; Thence continue along said fence line S17°38′01′′E, 386.15 feet to the Point of Beginning. All lying in the E ½ 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.

Passed the House of Representatives January 16, 2018.

Karen L. Haas,

Clerk.