January 16, 2018 CONGRESSIONAL RECORD — HOUSE H387 The Chair recognizes the gentleman As a senior project manager for The The text of the bill is as follows: from Montana. Trust for Public Land, Mr. Diekmann H.R. 1107 GENERAL LEAVE dedicated his professional life to pro- Be it enacted by the Senate and House of Rep- Mr. GIANFORTE. Mr. Speaker, I ask tecting the natural and scenic re- resentatives of the United States of America in unanimous consent that all Members sources of the northern Rockies. His Congress assembled, may have 5 legislative days to revise conservation legacy is apparent SECTION 1. SHORT TITLE; TABLE OF CONTENTS. and extend their remarks and include throughout Montana, Wyoming, and (a) SHORT TITLE.—This Act may be cited as extraneous material on the bill under Idaho, where he was directly involved the ‘‘Pershing County Economic Develop- consideration. in the conservation of more than ment and Conservation Act’’. 100,000 acres of public and private (b) TABLE OF CONTENTS.—The table of con- The SPEAKER pro tempore. Is there tents of this Act is as follows: objection to the request of the gen- lands. At the age of 52, Mr. Diekmann lost a Sec. 1. Short title; table of contents. tleman from Montana? Sec. 2. Definitions. There was no objection. heroic battle with cancer on February TITLE I—CHECKERBOARD LAND Mr. GIANFORTE. Mr. Speaker, I 1, 2016. To honor his enduring legacy, RESOLUTION yield myself such time as I may con- this bill renames a peak in the Lee Sec. 101. Findings. sume. Metcalf Wilderness in Montana as the Sec. 102. Definitions. Mr. Speaker, the Alex Diekmann Alex Diekmann Peak. Sec. 103. Sale or exchange of eligible land. Peak Designation Act of 2017, intro- This is a good bill, and I urge my col- Sec. 104. Disposition of proceeds. duced by Senator STEVE DAINES from leagues to support its adoption. TITLE II—LAND CONVEYANCES AND Montana, would designate an unnamed Mr. Speaker, I would like to close by TRANSFERS peak in the Lee Metcalf Wilderness in encouraging my colleagues to vote in Sec. 201. Conveyances of covered land. my home State of Montana the Alex support of the naming of Alex Sec. 202. Conveyance of land for use as a Diekmann Peak. Diekmann Peak in S. 117. public cemetery. Alex Diekmann was a renowned con- Mr. Speaker, I yield back the balance TITLE III—WILDERNESS AREAS servationist who lived in Bozeman, of my time. Sec. 301. Additions to the National Wilder- Montana. He dedicated his professional Mr. GIANFORTE. Mr. Speaker, I ness Preservation System. life to protecting the scenic resources thank the gentlewoman from Hawaii Sec. 302. Administration. of more than 50 district areas in Mon- for her help on this, and I would also Sec. 303. Wildlife management. tana, Wyoming, and Idaho and con- urge my colleagues to vote for the bill. Sec. 304. Release of wilderness study areas. serving more than 100,000 acres. Mr. Speaker, I yield back the balance Sec. 305. Native American cultural and reli- Mr. Diekmann brought together com- of my time. gious uses. munities, landowners, sportsmen, and Mr. HUFFMAN. Mr. Speaker, I rise to ex- SEC. 2. DEFINITIONS. In this Act: the general public in his conservation press my support for S. 117, the Alex (1) COUNTY.—The term ‘‘County’’ means efforts and contributed to the future of Diekmann Peak Designation Act. Although I Pershing County, Nevada. natural treasures, such as the Greater didn’t work with Alex Diekmann personally, I (2) SECRETARY.—The term ‘‘Secretary’’ Yellowstone Ecosystem, Glacier Na- am very familiar with the work that the Trust means the Secretary of the Interior. tional Park, and the Cabinet-Yaak for Public Land has done across the West, (3) STATE.—The term ‘‘State’’ means the Ecosystem. and I have been told of all of Alex’s individual State of Nevada. Mr. Diekmann left a noteworthy im- achievements in protecting important wildlife (4) WILDERNESS AREA.—The term ‘‘wilder- pact on the preservation of natural corridors, fly-fishing streams, and ecosystems ness area’’ means a wilderness area des- ignated by section 301(a). wonders in and near the Madison Val- across Montana and the Northern Rockies. He ley and Madison Range of Montana. spent the better part of two decades making TITLE I—CHECKERBOARD LAND This pristine area is home to majestic the American West better, protecting land- RESOLUTION scenery, fishing, wildlife, and rec- scapes within the Greater Yellowstone Eco- SEC. 101. FINDINGS. reational opportunities that will re- system and securing places for our children’s Congress finds that— main conserved and accessible to the (1) since the passage of the Act of July 1, children to enjoy. This legislation is a fitting 1862 (12 Stat. 489, chapter 120) (commonly public thanks to Alex’s diligent work. memorial to Alex Diekmann’s life and legacy, known as the ‘‘Pacific Railway Act of 1862’’), Mr. Diekmann lost his heroic battle and I urge my colleagues to join me in sup- under which railroad land grants along the with cancer on February 1, 2016, at the porting it. Union Pacific Railroad right-of-way created age of 52. He is survived by his wife, The SPEAKER pro tempore. The a checkerboard land pattern of alternating Lisa, and their two sons, Logan and question is on the motion offered by public land and privately owned land, man- Liam. He leaves a legacy of conserva- the gentleman from Montana (Mr. agement of the land in the checkerboard tion across Montana and the northern GIANFORTE) that the House suspend the area has been a constant source of frustra- Rockies that will continue to benefit rules and pass the bill, S. 117. tion for both private landholders and the Federal Government; the United States for generations to The question was taken. (2) management of Federal land in the come. The SPEAKER pro tempore. In the checkerboard area has been costly and dif- The designation of this unnamed opinion of the Chair, two-thirds being ficult for the Federal land management peak in the Lee Metcalf Wilderness in in the affirmative, the ayes have it. agencies, creating a disincentive to manage Montana will honor the life and legacy Mr. GIANFORTE. Mr. Speaker, on the land effectively; of Alex Diekmann. I thank Alex for his that I demand the yeas and nays. (3) parcels of land within the checkerboard work on behalf of the American people The yeas and nays were ordered. area in the County will not vary signifi- and look forward to paying tribute to The SPEAKER pro tempore. Pursu- cantly in appraised value by acre due to the ant to clause 8 of rule XX, further pro- similarity of highest and best use in the him by hiking Alex Diekmann Peak County; and this coming summer with my wife and ceedings on this motion will be post- (4) consolidation of appropriate land within those of my children who can join us. poned. the checkerboard area through sales and as Mr. Speaker, I urge adoption of the f acre-for-acre exchanges for development and measure, and I reserve the balance of Federal management will— PERSHING COUNTY ECONOMIC DE- my time. (A) help improve the tax base of the Coun- Ms. HANABUSA. Mr. Speaker, I yield VELOPMENT AND CONSERVA- ty; and myself such time as I may consume. TION ACT (B) simplify management for the Federal Mr. Speaker, S. 117 designates a peak Mr. GIANFORTE. Mr. Speaker, I Government. in the Beaverhead National Forest as move to suspend the rules and pass the SEC. 102. DEFINITIONS. the Alex Diekmann Peak. bill (H.R. 1107) to promote conserva- In this title: Alex Diekmann was a renowned con- tion, improve public land management, (1) ELIGIBLE LAND.—The term ‘‘eligible land’’ means— servationist who lived in Bozeman, and provide for sensible development in (A) any land administered by the Director Montana, not far from the Beaverhead Pershing County, Nevada, and for other of the Bureau of Land Management that is National Forest and the peak that will purposes, as amended. within the area identified on the Map as soon bear his name. The Clerk read the title of the bill. ‘‘Checkerboard Lands Resolution Area’’ that

VerDate Sep 11 2014 07:12 Jan 17, 2018 Jkt 079060 PO 00000 Frm 00213 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JA7.022 H16JAPT1 H388 CONGRESSIONAL RECORD — HOUSE January 16, 2018 is designated for disposal by the Secretary (1)(B)(ii) is completed, the Secretary may fi- have been disposed of or the date on which through— nalize the exchange if the Secretary pub- the County requests a postponement under (i) the Winnemucca Consolidated Resource lishes in the Federal Register— paragraph (3), the Secretary shall offer for Management Plan; or (i) a determination stating that the one or exchange the parcels of eligible land jointly (ii) any subsequent amendment or revision more parcels of eligible land included in the selected under subsection (b). to the management plan that is undertaken exchange are likely valued at less than $500 (3) POSTPONEMENT; EXCLUSION FOR SALE OR with full public involvement; and per acre (in 2017 constant dollars, as meas- EXCHANGE.— (B) the land identified on the Map as ‘‘Ad- ured by the Consumer Price Index); and (A) REQUEST BY COUNTY FOR POSTPONEMENT ditional Lands Eligible for Disposal’’. (ii) a description of the methodology used OR EXCLUSION.—At the request of the County, (2) MAP.—The term ‘‘Map’’ means the map to arrive at that determination. the Secretary shall postpone or exclude from entitled ‘‘Pershing County Checkerboard (4) MANAGEMENT PRIORITY AREAS.— a sale or exchange all or a portion of the eli- Lands Resolution’’ and dated February 9, (A) IN GENERAL.—Subject to subparagraph gible land jointly selected under subsection 2017. (B), not later than 1 year after the date of (b). SEC. 103. SALE OR EXCHANGE OF ELIGIBLE enactment of this Act, for the purpose of the (B) INDEFINITE POSTPONEMENT.—Unless spe- LAND. exchanges authorized under paragraph cifically requested by the County, a post- (a) AUTHORIZATION OF CONVEYANCE.—Not- (1)(B)(ii), the Secretary— ponement under subparagraph (A) shall not withstanding sections 202 and 203, sub- (i) shall identify Management Priority be indefinite. sections (b) through (i) of section 206, and Areas within the Checkerboard Lands Reso- (C) POSTPONEMENT OR EXCLUSION BY THE section 209 of the Federal Land Policy and lution Area, as identified on the Map, that SECRETARY.—The Secretary may postpone or Management Act of 1976 (43 U.S.C. 1712, 1713, are considered by the Secretary to be— exclude from a sale or exchange all or a por- 1716, 1719), the Secretary, in cooperation (I) greater sage-grouse habitat; tion of the eligible land jointly selected with the County, in accordance with this Act (II) part of an identified wildlife corridor under subsection (b) for emergency ecologi- and any other applicable law, and subject to or designated critical habitat; cal or safety reasons. valid existing rights, shall conduct sales or (III) of value for outdoor recreation or pub- exchanges of the eligible land. lic access for hunting, fishing, and other rec- SEC. 104. DISPOSITION OF PROCEEDS. (b) JOINT SELECTION REQUIRED.—The Sec- reational purposes; (a) DISPOSITION OF PROCEEDS.—Of the pro- retary and the County shall jointly select (IV) of significant cultural, historic, eco- ceeds from the sale of land under section 103 which parcels of eligible land to offer for sale logical, or scenic value; or or 201— or exchange under subsection (a). (V) of value for improving Federal land (1) 5 percent shall be disbursed to the State (c) COMPLIANCE WITH LOCAL PLANNING AND management; and for use in the general education program of ZONING LAWS.—Before carrying out a sale or (ii) as appropriate, may identify additional the State; exchange under subsection (a), the County management priority areas in the County (2) 10 percent shall be disbursed to the shall submit to the Secretary a certification any time after the identification under County for use as determined through nor- that qualified bidders have agreed to comply clause (i) is completed. mal County budgeting procedures; and with— (B) LIMITATION.—Management of Federal (3) the remainder shall be deposited in a (1) local zoning ordinances; and land within any Management Priority Area special account in the Treasury of the (2) any master plan for the area approved identified under subparagraph (A) shall not United States, to be known as the ‘‘Pershing by the County. be changed based solely on that identifica- County Special Account’’, which shall be (d) METHOD OF SALE OR EXCHANGE.— tion. available to the Secretary, in consultation (1) IN GENERAL.—The sale or exchange of el- (e) WITHDRAWAL.— with the County, for— igible land under subsection (a) shall be— (1) IN GENERAL.—Subject to valid existing (A) the reimbursement of costs incurred by (A) consistent with subsections (b), (d), and rights and mining claims for which the the Department of the Interior in preparing (f) of section 203 and section 206(a) of the claims maintenance fees have been paid in for the sale or exchange of the eligible land, Federal Land Policy and Management Act of the applicable assessment year, effective on including— 1976 (43 U.S.C. 1713, 1716(a)); and the date on which a parcel of eligible land is (i) the costs of surveys and appraisals; and (B) conducted through— selected for sale or exchange under sub- (ii) the costs of compliance with the Na- (i) a sale, which shall be— section (b), that parcel is withdrawn from— tional Environmental Policy Act of 1969 (42 (I) through a competitive bidding process, (A) all forms of entry and appropriation U.S.C. 4321 et seq.) and sections 202 and 203 of under which adjoining landowners are of- under the public land laws, including the the Federal Land Policy and Management fered the first option, unless otherwise deter- mining laws; Act of 1976 (43 U.S.C. 1712, 1713); mined by the Secretary; (B) location, entry, and patent under the (B) the conduct of wildlife habitat con- (II) for not less than fair market value, mining laws; and servation and restoration projects, including based on an appraisal in accordance with the (C) operation of the mineral leasing and projects that benefit the greater sage-grouse Uniform Standards of Professional Appraisal geothermal leasing laws. in the County; Practice; and (2) TERMINATION.—The withdrawal of a par- (C) a project or activity carried out in the (III) conducted in accordance with sub- cel of eligible land under paragraph (1) shall County to address drought conditions; section (f); or terminate— (D) the implementation of wildfire (ii) subject to paragraph (3), an acre-for- (A) on the date of sale or, in the case of ex- presuppression and restoration projects in acre exchange for private land located with- change, the conveyance of title of the parcel the County; in a Management Priority Area identified of eligible land under this title; or (E) the acquisition of environmentally sen- under paragraph (4)(A). (B) with respect to any parcel of eligible sitive land or interests in environmentally (2) MASS APPRAISAL.—Not later than 1 year land selected for sale or exchange under sub- sensitive land in the County; after the date of enactment of this Act, and section (b) that is not sold or exchanged, not (F) projects that secure public access to every 5 years thereafter, the Secretary later than 2 years after the date on which Federal land for hunting, fishing, and other shall— the parcel was offered for sale or exchange recreational purposes through easements or (A) conduct a mass appraisal of the eligible under this title. rights-of-way in the County; and land to determine whether any parcel of eli- (f) PARAMETERS FOR SALE OR EXCHANGE.— (G) the conduct of any surveys related to gible land is likely valued at equal to or (1) SALES.— the designation of the wilderness areas under greater than $500 per acre (in 2017 constant (A) DEADLINE.—Except as provided in para- title III. dollars, as measured by the Consumer Price graph (3), not later than 1 year after the date Index); and of enactment of this Act, and not less fre- (b) INVESTMENT OF SPECIAL ACCOUNT.—Any (B) make available to the public the re- quently than once per year thereafter until amounts deposited in the special account es- sults of the mass appraisal conducted under the date on which the limitation in subpara- tablished under subsection (a)(3)— subparagraph (A). graph (B) has been reached or the date on (1) shall earn interest in an amount deter- (3) EXCLUSION.— which the County requests a postponement mined by the Secretary of the Treasury, (A) IN GENERAL.—If the Secretary deter- under paragraph (3), the Secretary shall offer based on the current average market yield mines that a parcel of eligible land is likely for sale the parcels of eligible land jointly on outstanding marketable obligations of valued at equal to or greater than $500 per selected under subsection (b). the United States of comparable maturities; acre (in 2017 constant dollars, as measured (B) LIMITATION.—The total acreage of eligi- and by the Consumer Price Index) under para- ble land sold under this title shall consist of (2) may be expended by the Secretary in graph (2)(A), the Secretary shall exclude that not more than 150,000 acres of eligible land. accordance with this section. parcel from the acre-for-acre exchange de- (2) DEADLINE FOR EXCHANGES.—Except as (c) REPORTS.— scribed in paragraph (1)(B)(ii). provided in paragraph (3), not later than 1 (1) IN GENERAL.—Beginning with fiscal year (B) PUBLICATION IN FEDERAL REGISTER.—If a year after the date on which the Manage- 2020, and once every 5 fiscal years thereafter, mass appraisal of eligible land under para- ment Priority Areas are identified under not later than 60 days after the last day of graph (2)(A) is not finalized, or up-to-date subsection (d)(4)(A), and not less frequently the preceding fiscal year, the Secretary shall and publicly available, before an acre-for- than once per year thereafter until the date submit to the State, the County, and the ap- acre exchange described in paragraph on which all of the parcels of eligible land propriate committees of Congress a report on

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the operation of the special account estab- the instrument of conveyance to the quali- (4) MOUNT LIMBO WILDERNESS.—Certain lished under subsection (a)(3) for the pre- fied entity under paragraph (2), any prior in- Federal land managed by the Bureau of Land ceding 5 fiscal years. terests in the locatable minerals and the Management, comprising approximately (2) CONTENTS.—Each report submitted right to use the surface for mineral purposes 11,855 acres, as generally depicted on the map under paragraph (1) shall include, for the fis- held by the qualified entity under a mining entitled ‘‘Proposed Mt. Limbo Wilderness’’ cal year covered by the report— claim, millsite, tunnel site, or any other and dated February 9, 2017, which shall be (A) a statement of the amounts deposited Federal land use authorization applicable to known as the ‘‘Mount Limbo Wilderness’’. into the special account; the covered land conveyed to the qualified (5) NORTH SAHWAVE WILDERNESS.—Certain (B) a description of the expenditures made entity shall merge with all right, title, and Federal land managed by the Bureau of Land from the special account for the fiscal year, interest conveyed to the qualified entity by Management, comprising approximately including the purpose of the expenditures; the United States under this section to en- 13,875 acres, as generally depicted on the map (C) recommendations for additional au- sure that the qualified entity receives fee entitled ‘‘Proposed North Sahwave Wilder- thorities to fulfill the purpose of the special simple title to the purchased covered land. ness’’ and dated February 9, 2017, which shall account; and (4) APPRAISAL TO DETERMINE FAIR MARKET be known as the ‘‘North Sahwave Wilder- (D) a statement of the balance remaining VALUE.—The Secretary shall determine the ness’’. in the special account at the end of the fiscal fair market value of the covered land to be (6) GRANDFATHERS’ WILDERNESS.—Certain year. conveyed under this subsection in accord- Federal land managed by the Bureau of Land TITLE II—LAND CONVEYANCES AND ance with— Management, comprising approximately TRANSFERS (A) the Federal Land Policy and Manage- 35,339 acres, as generally depicted on the map SEC. 201. CONVEYANCES OF COVERED LAND. ment Act of 1976 (43 U.S.C. 1701 et seq.); and entitled ‘‘Proposed Grandfathers’ Wilder- (a) DEFINITIONS.—In this section: (B) the Uniform Standards of Professional ness’’ and dated February 9, 2017, which shall (1) COVERED LAND.—The term ‘‘covered Appraisal Practice. be known as the ‘‘Grandfathers’ Wilderness’’. land’’ means any Federal land or interest in (5) COSTS.—As a condition of the convey- (7) FENCEMAKER WILDERNESS.—Certain Fed- Federal land in the County identified on the ance of the covered land under this section, eral land managed by the Bureau of Land Map as ‘‘Covered Land’’. the qualified entity shall pay all costs re- Management, comprising approximately (2) MAP.—The term ‘‘Map’’ means the map lated to the conveyance of the covered land 14,942 acres, as generally depicted on the map entitled ‘‘Pershing County Land Convey- conveyed, including the costs of surveys and entitled ‘‘Proposed Fencemaker Wilderness’’ ances and Transfers’’ and dated February 9, other administrative costs associated with and dated February 9, 2017, which shall be 2017. the conveyance. known as the ‘‘Fencemaker Wilderness’’. (3) QUALIFIED ENTITY.—The term ‘‘qualified (6) AVAILABILITY OF MAP.—The Map shall (b) BOUNDARY.—The boundary of any por- entity’’ means, with respect to a portion of be on file and available for public inspection tion of a wilderness area that is bordered by covered land— in the appropriate offices of the Bureau of a road shall be 100 feet from the centerline of (A) the owner of the mining claims, mill- Land Management. the road. sites, or tunnel sites on a portion of the cov- (7) MINOR CORRECTIONS.—The Secretary, in (c) MAP AND LEGAL DESCRIPTION.— ered land on the date of enactment of this consultation with the County, may correct (1) IN GENERAL.—As soon as practicable Act; minor errors in the Map or a description of after the date of enactment of this Act, the (B) the lessee, or other successor in inter- the covered land. Secretary shall file a map and legal descrip- est of the owner— (c) DISPOSITION OF PROCEEDS.—Any tion of each wilderness area. (i) with the right of possession of the min- amounts collected under this section shall be (2) EFFECT.—Each map and legal descrip- ing claims, millsites, or tunnel sites on the disposed of in accordance with section 104. tion prepared under paragraph (1) shall have covered land; (d) TERMINATION.—The authority of the the same force and effect as if included in (ii) that has paid (or whose agent has paid) Secretary to sell covered land under this sec- this Act, except that the Secretary may cor- the annual claim maintenance fee or filed a tion shall terminate on the date that is 10 rect clerical and typographical errors in the maintenance fee waiver on or before Sep- years after the date of enactment of this map or legal description. tember 1, 2017, with the authority or consent Act. (3) AVAILABILITY.—Each map and legal de- of the owner, for the upcoming assessment SEC. 202. CONVEYANCE OF LAND FOR USE AS A scription prepared under paragraph (1) shall year for the mining claims, millsites, or tun- PUBLIC CEMETERY. be on file and available for public inspection nel sites within the exterior boundary of the (a) IN GENERAL.—The Secretary shall con- in the appropriate offices of the Bureau of portion of covered land, as determined based vey to the County, without consideration, Land Management. on the claim maintenance fee records of the the Federal land described in subsection (b). (4) WITHDRAWAL.—Subject to valid existing Bureau of Land Management as of the date (b) DESCRIPTION OF FEDERAL LAND.—The rights, the wilderness areas designated by of introduction of this Act; and Federal land referred to in subsection (a) is subsection (a) are withdrawn from— (iii) that has the authority or consent of the approximately 10 acres of land depicted (A) all forms of entry, appropriation, and the owner to acquire the portion of covered as ‘‘Unionville Cemetery’’ on the Map. disposal under the public land laws; (c) USE OF CONVEYED LAND.—The Federal land; or (B) location, entry, and patent under the land conveyed under subsection (a) shall be (C) a subsequent successor to the interest mining laws; and used by the County as a public cemetery. of a qualified entity in the covered land that (C) disposition under all laws relating to has the authority or consent of the owner to TITLE III—WILDERNESS AREAS mineral and geothermal leasing or mineral acquire the portion of covered land. SEC. 301. ADDITIONS TO THE NATIONAL WILDER- materials. (b) LAND CONVEYANCES.— NESS PRESERVATION SYSTEM. SEC. 302. ADMINISTRATION. (1) IN GENERAL.—Subject to paragraph (3), (a) ADDITIONS.—In accordance with the (a) MANAGEMENT.—Subject to valid exist- notwithstanding the inventory and land use Wilderness Act (16 U.S.C. 1131 et seq.), the ing rights, the wilderness areas shall be ad- planning requirements of sections 201 and 202 following parcels of Federal land in the ministered by the Secretary in accordance or the sales provisions of section 203 of the State are designated as wilderness and as with the Wilderness Act (16 U.S.C. 1131 et Federal Land Policy and Management Act of components of the National Wilderness Pres- seq.), except that— 1976 (43 U.S.C. 1711, 1712, 1713), not later than ervation System: (1) any reference in that Act to the effec- 180 days after the date of enactment of this (1) CAIN MOUNTAIN WILDERNESS.—Certain tive date shall be considered to be a ref- Act and subject to valid existing rights held Federal land managed by the Bureau of Land erence to the date of enactment of this Act; by third parties and any mining claims, mill- Management, comprising approximately and site, or tunnel site of a qualified entity ap- 12,339 acres, as generally depicted on the map (2) any reference in that Act to the Sec- plicable to the covered land, the Secretary entitled ‘‘Proposed Cain Mountain Wilder- retary of Agriculture shall be considered to shall offer for sale to qualified entities, for ness’’ and dated February 9, 2017, which shall be a reference to the Secretary. fair market value, the remaining right, title, be known as the ‘‘Cain Mountain Wilder- (b) LIVESTOCK.—The grazing of livestock in and interest of the United States in and to ness’’. the wilderness areas, if established before the covered land. (2) BLUEWING WILDERNESS.—Certain Fed- the date of enactment of this Act, shall be (2) CONVEYANCE.—Not later than 1 year eral land managed by the Bureau of Land allowed to continue, subject to such reason- after the date of the acceptance of an offer Management, comprising approximately able regulations, policies, and practices as under paragraph (1) by a qualified entity and 24,900 acres, as generally depicted on the map the Secretary considers to be necessary in completion of a sale for all or part of the entitled ‘‘Proposed Bluewing Wilderness’’ accordance with— covered land to a qualified entity, the Sec- and dated February 9, 2017, which shall be (1) section 4(d)(4) of the Wilderness Act (16 retary, by delivery of an appropriate deed, known as the ‘‘Bluewing Wilderness’’. U.S.C. 1133(d)(4)); and patent, or other valid instrument of convey- (3) SELENITE PEAK WILDERNESS.—Certain (2) the guidelines set forth in Appendix A ance, shall convey to the qualified entity, all Federal land managed by the Bureau of Land of the report of the Committee on Interior remaining right, title, and interest of the Management, comprising approximately and Insular Affairs of the House of Rep- United States in and to the applicable por- 22,822 acres, as generally depicted on the map resentatives accompanying H.R. 2570 of the tion of the covered land. entitled ‘‘Proposed Selenite Peak Wilder- 101st Congress (House Report 101–405). (3) MERGER.—Subject to valid existing ness’’ and dated February 9, 2017, which shall (c) INCORPORATION OF ACQUIRED LAND AND rights held by third parties, on delivery of be known as the ‘‘Selenite Peak Wilderness’’. INTERESTS.—Any land or interest in land

VerDate Sep 11 2014 07:12 Jan 17, 2018 Jkt 079060 PO 00000 Frm 00215 Fmt 4634 Sfmt 0634 E:\CR\FM\A16JA7.008 H16JAPT1 H390 CONGRESSIONAL RECORD — HOUSE January 16, 2018 within the boundary of a wilderness area (E) limits, alters, modifies, or amends any and more naturally distributed wildlife pop- that is acquired by the United States after interstate compact or equitable apportion- ulations that would enhance wilderness val- the date of enactment of this Act shall be ment decree that apportions water among ues with the minimal impact necessary to added to and administered as part of the wil- and between the State and other States. reasonably accomplish those tasks. derness area. (4) NEVADA WATER LAW.—The Secretary (c) EXISTING ACTIVITIES.—Consistent with (d) ADJACENT MANAGEMENT.— shall follow the procedural and substantive section 4(d)(1) of the Wilderness Act (16 (1) IN GENERAL.—Congress does not intend requirements of State law in order to obtain U.S.C. 1133(d)(1)) and in accordance with ap- for the designation of the wilderness areas to and hold any water rights not in existence on propriate policies such as those set forth in create protective perimeters or buffer zones the date of enactment of this Act with re- Appendix B of the Committee on Interior and around the wilderness areas. spect to the wilderness areas. Insular Affairs of the House of Representa- (2) NONWILDERNESS ACTIVITIES.—The fact (5) NEW PROJECTS.— tives accompanying H.R. 2570 of the 101st that nonwilderness activities or uses can be (A) DEFINITION OF WATER RESOURCE FACIL- Congress (House Report 101–405), the State seen or heard from areas within a wilderness ITY.— may continue to use aircraft, including heli- area shall not preclude the conduct of those (i) IN GENERAL.—In this paragraph, the copters, to survey, capture, transplant, mon- activities or uses outside the boundary of the term ‘‘water resource facility’’ means irriga- itor, and provide water for wildlife popu- wilderness area. tion and pumping facilities, reservoirs, water lations, specifically sage-grouse, in the wil- (e) MILITARY OVERFLIGHTS.—Nothing in conservation works, aqueducts, canals, derness areas. (d) WILDLIFE WATER DEVELOPMENT this Act restricts or precludes— ditches, pipelines, wells, hydropower PROJECTS.—Subject to subsection (f), the (1) low-level overflights of military air- projects, transmission and other ancillary craft over the wilderness areas, including Secretary shall authorize structures and fa- facilities, and other water diversion, storage, cilities, including existing structures and fa- military overflights that can be seen or and carriage structures. heard within the wilderness areas; cilities, for wildlife water development (ii) EXCLUSION.—In this paragraph, the projects, including guzzlers, in the wilder- (2) flight testing and evaluation; or term ‘‘water resource facility’’ does not in- (3) the designation or creation of new units ness areas if— clude wildlife guzzlers. (1) the structures and facilities will, as de- of special use airspace, or the establishment (B) RESTRICTION ON NEW WATER RESOURCE termined by the Secretary, enhance wilder- of military flight training routes, over the FACILITIES.—Except as otherwise provided in ness values by promoting healthy, viable and wilderness areas. this Act, on and after the date of the enact- more naturally distributed wildlife popu- (f) WILDFIRE, INSECT, AND DISEASE MANAGE- ment of this Act, neither the President nor lations; and MENT.—In accordance with section 4(d)(1) of any other officer, employee, or agent of the the Wilderness Act (16 U.S.C. 1133(d)(1)), the (2) the visual impacts of the structures and United States shall fund, assist, authorize, facilities on the wilderness areas can reason- Secretary may take such measures in the or issue a license or permit for the develop- wilderness areas as are necessary for the ably be minimized. ment of any new water resource facility (e) HUNTING, FISHING, AND TRAPPING.— control of fire, insects, and diseases (includ- within the wilderness areas. (1) IN GENERAL.—The Secretary may des- ing, as the Secretary determines to be appro- (i) TEMPORARY TELECOMMUNICATIONS DE- ignate areas in which, and establish periods priate, the coordination of the activities VICE.— during which, for reasons of public safety, with a State or local agency). (1) IN GENERAL.—Nothing in this Act pre- administration, or compliance with applica- (g) CLIMATOLOGICAL DATA COLLECTION.—In accordance with the Wilderness Act (16 vents the placement of a temporary tele- ble laws, no hunting, fishing, or trapping will U.S.C. 1131 et seq.) and subject to such terms communications device for law enforcement be permitted in the wilderness areas. and conditions as the Secretary may pre- or agency administrative purposes in the (2) CONSULTATION.—Except in emergencies, scribe, the Secretary may authorize the in- Selenite Peak Wilderness in accordance with the Secretary shall consult with the appro- stallation and maintenance of hydrologic, paragraph (2). priate State agency and notify the public be- meteorologic, or climatological data collec- (2) ADDITIONAL REQUIREMENTS.—Any tem- fore taking any action under paragraph (1). (f) COOPERATIVE AGREEMENT.— tion devices in the wilderness areas if the porary telecommunications device author- (1) IN GENERAL.—The State, including a Secretary determines that the facilities and ized by the Secretary under paragraph (1) designee of the State, may conduct wildlife access to the facilities are essential to flood shall— management activities in the wilderness warning, flood control, or water reservoir op- (A) be carried out in accordance with— areas— eration activities. (i) the Wilderness Act (16 U.S.C. 1131 et (A) in accordance with the terms and con- (h) WATER RIGHTS.— seq.); and ditions specified in the cooperative agree- (1) FINDINGS.—Congress finds that— (ii) all other applicable laws (including reg- ment between the Secretary and the State (A) the wilderness areas are located— ulations); entitled ‘‘Memorandum of Understanding be- (i) in the semiarid region of the Great (B) to the maximum practicable, be lo- tween the Bureau of Land Management and Basin; and cated in such a manner as to minimize im- the Nevada Department of Wildlife Supple- (ii) at the headwaters of the streams and pacts on the recreational and other wilder- ment No. 9’’ and signed November and De- rivers on land with respect to which there ness values of the area; and cember 2003, including any amendments to are few, if any— (C) be for a period of not longer than 7 the cooperative agreement agreed to by the (I) actual or proposed water resource facili- years. Secretary and the State; and ties located upstream; and SEC. 303. WILDLIFE MANAGEMENT. (B) subject to all applicable laws (including (II) opportunities for diversion, storage, or (a) IN GENERAL.—In accordance with sec- regulations). other uses of water occurring outside the tion 4(d)(7) of the Wilderness Act (16 U.S.C. (2) REFERENCES; CLARK COUNTY.—For the land that would adversely affect the wilder- 1133(d)(7)), nothing in this Act affects or di- purposes of this subsection, any references to ness values of the land; minishes the jurisdiction of the State with Clark County in the cooperative agreement (B) the wilderness areas are generally not respect to fish and wildlife management, in- described in paragraph (1)(A) shall be consid- suitable for use or development of new water cluding the regulation of hunting, fishing, ered to be a reference to the wilderness resource facilities; and and trapping, in the wilderness areas. areas. (C) because of the unique nature of the wil- (b) MANAGEMENT ACTIVITIES.—In further- derness areas, it is possible to provide for ance of the purposes and principles of the SEC. 304. RELEASE OF WILDERNESS STUDY AREAS. proper management and protection of the Wilderness Act (16 U.S.C. 1131 et seq.), the (a) FINDING.—Congress finds that, for the wilderness and other values of land in ways Secretary may conduct any management ac- purposes of section 603(c) of the Federal Land different from those used in other laws. tivities in the wilderness areas that are nec- Policy and Management Act of 1976 (43 (2) PURPOSE.—The purpose of this section essary to maintain or restore fish and wild- U.S.C. 1782(c)), the approximately 48,600 is to protect the wilderness values of the wil- life populations and the habitats to support acres of public land in the portions of the derness areas by means other than a feder- the populations, if the activities are carried China Mountain, Mt. Limbo, Selenite Moun- ally reserved water right. out— tains, and Tobin Range wilderness study (3) STATUTORY CONSTRUCTION.—Nothing in (1) consistent with relevant wilderness areas that have not been designated as wil- this Act— management plans; and derness by section 301(a) and the portion of (A) constitutes an express or implied res- (2) in accordance with— the Augusta Mountains wilderness study ervation by the United States of any water (A) the Wilderness Act (16 U.S.C. 1131 et area within the County that has not been or water rights with respect to the wilder- seq.); and designated as wilderness by section 301(a) ness areas; (B) appropriate policies, such as those set have been adequately studied for wilderness (B) affects any water rights in the State forth in Appendix B of the report of the Com- designation. (including any water rights held by the mittee on Interior and Insular Affairs of the (b) RELEASE.—The public land described in United States) in existence on the date of en- House of Representatives accompanying H.R. subsection (a)— actment of this Act; 2570 of the 101st Congress (House Report 101– (1) is no longer subject to section 603(c) of (C) establishes a precedent with regard to 405), including noxious weed treatment and the Federal Land Policy and Management any future wilderness designations; the occasional and temporary use of motor- Act of 1976 (43 U.S.C. 1782(c)); and (D) affects the interpretation of, or any ized vehicles if the use, as determined by the (2) shall be managed in accordance with designation made under, any other Act; or Secretary, would promote healthy, viable, the applicable land use plans adopted under

VerDate Sep 11 2014 07:12 Jan 17, 2018 Jkt 079060 PO 00000 Frm 00216 Fmt 4634 Sfmt 0634 E:\CR\FM\A16JA7.008 H16JAPT1 January 16, 2018 CONGRESSIONAL RECORD — HOUSE H391 section 202 of the Federal Land Policy and Mr. Speaker, I urge adoption of the board land are not just something that Management Act of 1976 (43 U.S.C. 1712). measure, and I reserve the balance of benefits perhaps economic development SEC. 305. NATIVE AMERICAN CULTURAL AND RE- my time. along the Interstate 80 corridor, or LIGIOUS USES. somebody who does a cow-calf oper- (a) IN GENERAL.—Nothing in this title al- b 1715 ation somewhere. It also allows re- ters or diminishes the treaty rights of any Ms. HANABUSA. Mr. Speaker, I yield Indian tribe (as defined in section 4 of the In- source managers, Federal land man- dian Self-Determination and Education As- myself such time as I may consume. agers, wildlife people to consolidate sistance Act (25 U.S.C. 5304)). Mr. Speaker, H.R. 1107 is a bill co- checkerboard lands where they need to (b) CULTURAL USES.—Nothing in this title sponsored by the entire Nevada delega- be consolidated, to do things like pre- precludes the traditional collection of pine tion that will enhance both economic serve habitat, preserve special resource nuts in a wilderness area for personal, non- development opportunities and the areas, whether it is for mule deer, commercial use consistent with the Wilder- conservation of public land in Pershing ness Act (16 U.S.C. 1131 et seq.). whether it is for the endangered species County. potential of the sage hen, and other The SPEAKER pro tempore. Pursu- First, I want to mention that this things like that. So it is a two-way ant to the rule, the gentleman from bill will designate over 130,000 acres of street. Montana (Mr. GIANFORTE) and the gen- wilderness. This is a significant con- So my congratulations to the folks of tlewoman from Hawaii (Ms. HANABUSA) servation victory and I would like to Pershing County and the BLM employ- each will control 20 minutes. congratulate everyone who has worked ees in the Winnemucca district. The Chair recognizes the gentleman on making this a reality. By the way, no lands are subject to from Montana. In addition to the wilderness designa- this that haven’t been identified in GENERAL LEAVE tion, this bill establishes a process to their resource management plan, their Mr. GIANFORTE. Mr. Speaker, I ask exchange or sell up to 400,000 acres of planning document, as potentially unanimous consent that all Members Federal land throughout Pershing available for either exchange or dis- may have 5 legislative days to revise County. I understand that the BLM and posal. and extend their remarks and include other interested parties have raised Finally, I want to remind you of this: extraneous material on the bill under some concerns with the appraisal proc- there are 150,000 acres that can be consideration. bought out of a potential Federal es- The SPEAKER pro tempore. Is there ess set up in the bill. Unfortunately, we were not able to address these concerns tate of over 9 million acres in that objection to the request of the gen- county. So it is a fraction of 1 percent. tleman from Montana? at markup, but I hope we can continue working with our colleagues in the And of the potential available for ex- There was no objection. change, it sets an upper limit of 300,000, Mr. GIANFORTE. Mr. Speaker, I Senate to make any necessary changes potential. The county has to ask for it, yield myself such time as I may con- to the bill. the Secretary has to agree to an ex- sume. Mr. Speaker, I reserve the balance of Mr. Speaker, H.R. 1107, introduced by my time. change. So when you talk about the size of Congressman MARK AMODEI of Nevada, Mr. GIANFORTE. Mr. Speaker, I the Federal estate in Pershing Coun- is a bipartisan bill that consolidates yield such time as he may consume to ty—which, by the way, is the home to over 300,000 acres of checkerboard land the gentleman from Nevada (Mr. the Burning Man festival, for those of previously identified for disposal by AMODEI). you who follow that sort of stuff—it is the Bureau of Land Management in Mr. AMODEI. Mr. Speaker, I thank my colleagues from Montana and Ha- something that is, quite frankly, not Pershing County, Nevada. This bill going to change the landscape, literally conveys land for mining and other pub- waii for their supportiveness. Briefly, Mr. Speaker, this is what speaking, in terms of the ownership lic purposes, creates a new wilderness and the diminishment of the Federal area, and releases certain wilderness you get when people talk about issues and not cliches. This is a long time in estate. They are still the major player study areas, all to benefit conserva- to the tune of—at the end of the day, 95 tion, recreation, and economic develop- the making, as has been previously in- dicated, folks from the wilderness percent of the Federal estate is still in- ment in the county. tact. areas, folks from economic develop- Mr. Speaker, 85 percent of Nevada’s Finally, on wilderness study areas ment areas, folks from the resource ex- land is owned and operated by the Fed- and wilderness creation areas, in this eral Government. Not only does this traction areas all coming together on bill, you have created about 148,000 deprive the State final say on manage- this. acres of new wilderness areas and you ment decisions in its own backyard, But just in case there is some con- have released parts of five different but it also deprives the State of the tax cern about, oh my God, potentially we wilderness study areas that are about base utilized by other States to fund are transferring the Federal estate, 48,000 acres. So when you start talking roads, school districts, and police de- let’s remind people of a couple of about this is a good housekeeping partments. things that are in this legislation. measure, it allows Pershing County to Pershing County, Nevada, is no dif- First of all, nothing is transferred for come into the new age in terms of what ferent. Seventy-five percent of the nothing. It talks about the appraisal they think is appropriate for their eco- county is federally owned. This bill is a process and how, if you are going to nomic diversification and vitality, but result of over a decade of negotiations purchase the Federal estate, you are also gives Federal land managers, re- between locally elected officials, min- going to pay for it. source folks, wildlife groups, and con- ers, conservationists, sportsmen, Secondly, it is talking about ex- servation groups, the tools to do good ranchers, and residents in the county. changes along the Trans-Pacific legis- things in Pershing County, too. Their hard work and commitment to lation on the checkerboard from 1862, Mr. Speaker, I want to thank my col- bipartisanship has resulted in a bill which talks about the Secretary of the league for his generous provision of the that benefits all parties, guaranteeing Interior is a full partner with the coun- time. that both the economic and ecological ty commission in identifying those The last piece is this: the most suc- future of the county are protected. lands that are appropriate for ex- cessful public lands legislation in the This bill, in addition to being cospon- change. country is probably the Southern Ne- sored by all Nevada congressional Rep- Why is this important? vada Public Lands Management Act, resentatives, is supported by Pershing This is important because if they which turns 20 this year. Much of this County, Friends of Nevada Wilderness, don’t think it is a good idea to ex- is patterned on that. the Nevada Chapter of the change, then the Secretary of the Inte- When you talk about what happens Backcountry Hunters and Anglers, Co- rior can stop that process, so it doesn’t when they sell land, money goes to alition for Nevada’s Wildlife, and sev- force the Secretary of the Interior to education and it goes to the county, eral Nevadan mining companies, in- exchange land that he or she, in the fu- and then 85 percent of every dollar cluding Clover Nevada, Coeur Mining, ture, doesn’t want to. brought in goes for the benefit of those EP Minerals, Gold Acquisition Corp., But let’s remind ourselves of one Federal lands, for those land managers and Solidus Resources. other thing. Exchanges of checker- in Pershing County.

VerDate Sep 11 2014 07:12 Jan 17, 2018 Jkt 079060 PO 00000 Frm 00217 Fmt 4634 Sfmt 0634 E:\CR\FM\A16JA7.008 H16JAPT1 H392 CONGRESSIONAL RECORD — HOUSE January 16, 2018 It has been working in southern Ne- Florida; thence go West along the South line bama, which were taken into trust by War- vada for 20 years. This is a good step. I of the Northwest Quarter of said Section 5 ranty Deed on August 17, 1992, shown on encourage bipartisan, nationwide sup- for a distance of 420 feet; thence run North Poarch Band of Creek Indians Trust Lands port. for a distance of 40 feet to the point of begin- Map 1, and further described as: ning; thence continue North along said line All of the West Half of Northwest Quarter Ms. HANABUSA. Mr. Speaker, I am for a distance of 210 feet; thence run West for of Section 34, Township 2 North, Range 5 just going to close by saying that I re- a distance of 210 feet; thence run South for a East lying North of Dees Road and West of quest that all of our colleagues vote to distance of 210 feet; thence run East 210 feet the Poarch-Perdido Road. support H.R. 1107, Pershing County to the point of beginning, containing one (8) The approximately 8 acres named as Economic Development and Conserva- acre, more or less. Parcel 16 located within the exterior geo- tion Act. (3) The approximately 1 acre named as Par- graphic boundaries of Escambia County, Ala- Mr. Speaker, I yield back the balance cel 6 located within the exterior geographic bama, which were taken into trust by the boundaries of Monroe County, Alabama, Department of the Interior via Warranty of my time. which was taken into trust by the Depart- Mr. GIANFORTE. Mr. Speaker, I Deed on August 17, 1992, shown on Poarch ment of the Interior via Statutory Warranty Band of Creek Indians Trust Lands Map 1, would echo the sentiments of the gen- Deed on November 21, 1984, shown on Poarch and further described as: tlewoman from Hawaii (Ms. Band of Creek Indians Trust Lands Map 3, Beginning at the Southwest corner of HANABUSA). I urge my colleagues to and further described as: Northwest Quarter of Southwest Quarter of One acre in a square in Southeast corner of vote for this bill, and I yield back the Section 27, Township 2 North, Range 5 East; the ten-acre strip on the North side of South balance of my time. thence run East 1145 feet to the public road; Half of Southeast Quarter lying West of the thence North 3 degrees 15 minutes East 380 The SPEAKER pro tempore. The highway in Section 26, Township 5 North, feet along said road; thence run West 1167 question is on the motion offered by Range 6 East, being the same property con- feet; thence run South 380 feet to point of be- the gentleman from Montana (Mr. veyed to the Grantor by deed dated July 23, ginning containing ten acres, except two GIANFORTE) that the House suspend the 1984 and filed for record in the office of the acres described as follows: rules and pass the bill, H.R. 1107, as Judge of Probate of Monroe County, Ala- bama on July 23, 1984, and by correction deed Beginning at the aforesaid point of begin- amended. ning thence run East 848 feet to the starting The question was taken; and (two- dated November 21, 1984. (4) The approximately 10 acres named as point; thence run North 297 feet, thence run thirds being in the affirmative) the Parcel 12 located within the exterior geo- East 298 feet, more or less, to the West right rules were suspended and the bill, as graphic boundaries of Escambia County, Ala- of way of Old Sullivan Mill Road; thence run amended, was passed. bama, which were taken into trust by the Southwesterly along said right of way to the A motion to reconsider was laid on Department of the Interior via Correction South line of Northwest Quarter of South- the table. Deed on November 21, 1988, shown on Poarch west Quarter of said Section 27; thence run Band of Creek Indians Trust Lands Map 4, West 297 feet to the starting point, con- f and further described as: taining eight acres, more or less. POARCH BAND OF CREEK INDIANS Begin at a 2′′ iron pipe at the intersection (9) The approximately 34 acres named as Parcel 22 located within the exterior geo- LAND REAFFIRMATION ACT of the South line of Section 5, Township 1 North, Range 6 East, and the East right of graphic boundaries of Escambia County, Ala- Mr. GIANFORTE. Mr. Speaker, I way line of Alabama State Highway No. 21; bama, which was taken into trust by the De- move to suspend the rules and pass the thence run S 89° 03′ 00′′ E along said South partment of the Interior via Warranty Deed bill (H.R. 1532) to reaffirm that certain line of Section 5 a distance of 860.93 feet; on August 17, 1992, shown on Poarch Band of land has been taken into trust for the thence run N 00° 04′ 57′′ W a distance of 608.47 Creek Indians Trust Lands Map 1, and fur- ° ′ ′′ ther described as: benefit of the Poarch Band of Creek In- feet; thence run N 89 56 20 W a distance of 575.73 feet to the aforementioned East right Commence at a one-inch metal pipe being dians, and for other purposes. of way line of Alabama State Highway No. the Southwest corner of Section 27, Town- The Clerk read the title of the bill. 21; thence run S 25° 32′ 21′′ W along said East ship 2 North, Range 5 East Escambia County, The text of the bill is as follows: right of way line a distance of 659.22 feet to Alabama; thence go N 00° 38′ 26′′ W along the H.R. 1532 the point of beginning, said property lying West line of said Section 27 for a distance of 8.0 feet to a point on the Northerly right of Be it enacted by the Senate and House of Rep- and being all in Section 5, Township 1 North, way line of Jackson Road (40 foot right of resentatives of the United States of America in Range 6 East, and containing 10.09 acres, way), said point also being the point of be- Congress assembled, more or less. (5) The approximately 10 acres named as ginning; thence continue N 00° 38′ 26′′ W SECTION 1. SHORT TITLE. Parcel 10 located within the exterior geo- along said West section line for a distance of This Act may be cited as the ‘‘Poarch Band graphic boundaries of Escambia County, Ala- 1321.23 feet to the Northwest corner of the of Creek Indians Land Reaffirmation Act’’. bama, which were taken into trust by the Southwest Quarter of Southwest Quarter at SEC. 2. REAFFIRMATION OF INDIAN TRUST LAND. Department of the Interior via Warranty said Section 27; thence go N 89° 30′ 13′′ E (a) IN GENERAL.—Lands described in sub- Deed on August 17, 1992, shown on Poarch along the North line of said Southwest Quar- section (b) that were taken into trust by the Band of Creek Indians Trust Lands Map 2, ter of Southwest Quarter for a distance of United States for the benefit of the Poarch and further described as: 1146.48 feet to the Westerly right of way line Band of Creek Indians prior to the date of Commencing at the Southeast corner of of Poarch-Perdido Road (40 foot right of enactment of this Act are reaffirmed, subject the Northeast 1/4 of Southwest 1/4 - Section way); thence go S 00° 34′ 55′′ W along said to valid existing rights, as trust land and 28 Township 2 North Range 6 East; thence Westerly right of way line for a distance of shall remain as Indian country under section North 577.5 feet; thence North 89 degrees 287.65 feet: thence go S 01° 30′ 05′′ W for a dis- 1151 of title 18, United States Code. West 2726 feet to the point of beginning; tance of 40.0 feet; thence go S 00° 00′ 31′′ W (b) DESCRIPTION OF LAND.—The land re- thence North 89 degrees West 100 feet; thence along aforesaid Westerly right of way line ferred to in subsection (a) is comprised of the South 210 feet; thence North 89 degrees West for a distance of 195.59 feet; thence go S 02° following: 855 feet; thence South 0 degrees 21 minutes 34′ 30′′ W along aforesaid right of way line for (1) The approximately 2291⁄2 acres described West 378.37 feet; thence South 84 degrees 40 a distance of 172.73 feet; thence go S 04° 24′ in the final Notice of the Department of the minutes East 966 feet; thence North 28 de- 35′′ W along aforesaid right of way for a dis- Interior’s Poarch Band of Creeks Establish- grees 32 minutes East 300 feet; thence North tance of 630.72 feet to the intersection with ment of Reservation (50 Fed. Reg. 15502 89 degrees West 148 feet; thence North 395.34 the Northerly right of way of said Jackson (April 18, 1985)), and Poarch Band of Creeks; feet to point of beginning. Containing 10.08 Road; thence go S 89 39′ 16′′ W along said Establishment of Reservation: Correction (50 acres. Northerly right of way line for a distance of Fed. Reg. 19813 (May 10, 1985)), and shown on (6) The approximately 52 acres named as 1071.43 feet to the point of beginning, it being Poarch Band of Creek Indians Trust Lands Parcel 14 located within the exterior geo- the intention to describe herein and convey Maps 1, 2, and 5 as ‘‘Reservation’’. graphic boundaries of Escambia County, Ala- hereby all of the Southwest Quarter of (2) The approximately 1 acre named as Par- bama, which was taken into trust by the De- Southwest Quarter of Section 27, Township 2 cel 5 located within the exterior geographic partment of the Interior via Warranty Deed North, Range 5 East, lying West of the public boundaries of Escambia County, Florida, on August 17, 1992, shown on Poarch Band of road. which was taken into trust by the Depart- Creek Indians Trust Lands Map 1, and fur- (10) The approximately 13 acres named as ment of the Interior via Statutory Warranty ther described as: Parcel 17 located within the exterior geo- Deed on November 21, 1984, shown on Poarch All of the North half of Northwest Quarter graphic boundaries of Montgomery County, Band of Creek Indians Trust Lands Map 7, of Section 34, Township 2 North, Range 5 Alabama, which were taken into trust by the and further described as: East lying East of the Poarch-Perdido Road. Department of the Interior via Warranty Commence at the Southeast corner of the (7) The approximately 31 acres named as Deed on March 23, 1995, shown on Poarch Northwest Quarter of Section 5, Township 5 Parcel 15 located within the exterior geo- Band of Creek Indians Trust Lands Map 6, North, Range 33 West, Escambia County, graphic boundaries of Escambia County, Ala- and further described as:

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