Land Acquisitions; Cowlitz Indian Tribe of Washington, 377-379 [2010-33145]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs
• Indian Affairs Bureau

[Federal Register Volume 76, Number 2 (Tuesday, January 4, 2011)]
[Notices]
[Pages 377-379]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-33145]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Land Acquisitions; Cowlitz Indian Tribe of Washington

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of Final Agency Determination.

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SUMMARY: The Assistant Secretary--Indian Affairs made a final agency 
determination to acquire approximately 151.87 acres of land into trust 
for the Cowlitz Tribe of Washington on December 17, 2010.

FOR FURTHER INFORMATION CONTACT: Paula L. Hart, Director, Office of 
Indian Gaming, Bureau of Indian Affairs, MS-3657 MIB, 1849 C Street, 
NW., Washington, DC 20240; Telephone (202) 219-4066.

SUPPLEMENTARY INFORMATION: This notice is published in the exercise of 
authority delegated by the Secretary of the Interior to the Assistant 
Secretary--Indian Affairs by 209 Departmental Manual 8.1 and is 
published to comply with the requirements of 25 CFR part 151.12(b) that 
notice be given to the public of the Secretary's decision to acquire 
land in trust at least 30 days prior to signatory acceptance of the 
land into trust. The purpose of the 30-day waiting period in 25 CFR 
151.12(b) is to afford interested parties the opportunity to seek 
judicial review of final administrative decisions to take land in trust 
for Indian tribes and individual Indians before transfer of title to 
the property occurs.
    On December 17, 2010, the Assistant Secretary--Indian Affairs 
decided to accept approximately 151.87 acres of land into trust for the 
Cowlitz Indian Tribe of Washington under the authority of the Indian 
Reorganization Act of 1934, 25 U.S.C. 465. The land is located in Clark 
County, Washington, and will be used for constructing and operating a 
gaming facility.
    We have determined that the Cowlitz Indian Tribe's request meets 
the requirements of the Indian Gaming Regulatory Act. While the Act 
contains a prohibition of gaming on lands acquired after October 17, 
1988 (25 U.S.C. 2179(a)), the Tribe's request qualifies under the Act 
for an exception to the prohibition (25 U.S.C. 2719(a)).
    The 151.87 acre Cowlitz parcel located in Clark County, Washington 
is described as follows:

Parcel I

    Beginning at the intersection of the West line of Primary State 
Highway No. 1 and the East line of the Southeast quarter of Section 5, 
Township 4 North, Range 1 East of the Willamette Meridian, Clark 
County, Washington; thence Northerly along said West line of Primary 
State Highway No. 1 a distance of 1307.5 feet to the Point of Beginning 
of this description; thence West 108.5 feet to an angle point thereon; 
thence Northerly along the fence 880.5 feet to the center line of a 
creek; thence Northerly along said creek 443 feet to the West line of 
Primary State Highway No. 1; thence Southerly along said West line of 
Highway to the Point of Beginning.
    Except that portion conveyed to the State of Washington by 
Auditor's File Nos. G 450664 and G 147358.

Parcel II

    That portion of the following described land lying West of the 
Westerly line of Interstate 5, formerly known as Pacific Highway, in 
Section 9, Township 4 North, Range 1 East of the Willamette Meridian, 
Clark County, Washington.
    The North half of the Southwest quarter of the Northwest quarter of 
the South half of the Northwest quarter of the Northwest quarter of 
Section 9, Township 4 North, Range 1 East of the Willamette Meridian, 
Clark County, Washington.
    Except any portion lying within NW. 31st Avenue.
    Also except that portion thereof acquired by the State of 
Washington by deed recorded under Auditor's File Nos. G 140380 and D 
95767.

Parcel III

    Beginning at the Northwest corner of the Northeast quarter of the 
Northeast quarter of Section 8, Township 4, North, Range 1 East of the 
Willamette Meridian, Clark County, Washington; and running thence East 
390 feet to the Point of Beginning; thence East 206 feet; thence South 
206 feet; thence West 206 feet; and thence North to the Point of 
Beginning.
    Except that portion lying within the right of way of NW. 319th 
Street.

Parcel IV

    All that part of the Southeast quarter of Section 5, Township 4 
North, Range 1 East of the Willamette Meridian, Clark

[[Page 378]]

County, Washington, lying West of Primary State Road No. 1 (Pacific 
Highway).
    Except the Henry Ungemach tract recorded in Volume 76 of Deeds, 
page 33, records of Clark County, Washington, described as follows:
    Beginning at a point 19.91 chains North of the Southwest corner of 
said Southeast quarter; thence East 13.48 chains to creek; thence 
Northerly along creek to North line of said Southeast quarter at a 
point 6.66 chains West of the Northeast corner thereof; thence West to 
Northwest corner of said Southeast quarter; thence South 19.91 chains 
to the Point of Beginning.
    Also except the John F. Anderson tract as conveyed by deed recorded 
under Auditor's File No. F 38759, records of Clark County, Washington, 
described as follows:
    Beginning at the Northwest corner of the Southwest quarter of the 
Southeast quarter of Section 5, Township 4 North, Range 1 East of the 
Willamette Meridian, Clark County, Washington; and running thence East 
514 feet; thence Southerly 340 feet; thence Northwesterly 487 feet to a 
point 196 feet due South of the Point of Beginning; thence North to the 
Point of Beginning.
    Also except that tract described as follows:
    Beginning at a point 26 rods and 9 feet West of the Southeast 
corner of Section 5, Township 4 North, Range 1 East of the Willamette 
Meridian, Clark County, Washington; and running thence West 20 rods to 
County Road; thence North 182 feet; thence East 20 rods; thence South 
182 feet to the Point of Beginning.
    Also except a certain reserved tract described as follows:
    Beginning at the intersection of the West line of Primary State 
Highway No. 1 (Pacific Highway) and the East line of the Southeast 
quarter of said Section 5, Township 4 North, Range 1 East of the 
Willamette Meridian, Clark County, Washington; thence Northerly along 
said West line of Primary State Highway No. 1, a distance of 1,307.5 
feet to the True Point of Beginning of this description; thence West 
108.5 feet to an angle point therein; thence Northerly along fence 
880.5 feet to center line of creek, thence Northeasterly along said 
creek 443 feet, more or less, to the West line of Primary State Highway 
No. 1; thence Southerly along said West line of highway to the True 
Point of Beginning.
    Also except that portion thereof lying with Primary State Highway 
No. 1 (SR-5) as conveyed to the State of Washington by deed recorded 
under Auditor's File Nos. G 458085, G 143553 and D 94522.
    Also except any portion lying within NW. 319th Sreet and Primary 
State Highway No. 1.

Parcel V

    A portion of the Northwest quarter of the Northeast quarter of 
Section 8, Township 4 North, Range 1 East of the Willamette Meridian, 
Clark County, Washington, described as follows:
    Beginning at the Northwest corner of the Northeast quarter of 
Section 8; thence South along the West line of the Northeast quarter of 
said Section 8, 1320 feet, more or less, to the Southwest corner of the 
Northwest quarter of said Northeast quarter; thence East along the 
South line to a point 830 feet West of the Southeast corner of the 
Northwest quarter of said Northeast quarter; thence North parallel with 
the East line of said Northeast quarter to a point 600 feet South of 
the North line of said Northeast quarter; thence East parallel with the 
North line of said Northeast quarter 370 feet; thence North parallel 
with the East line of said Northeast quarter 600 feet to the North line 
of said Section 8; thence West along the North line of said Section 8 
to the Point of Beginning.
    Except that portion lying within NW 319th Street.
    Also except the following described tract:
    A portion of the Northwest quarter of the Northeast quarter of 
Section 8, Township 4 North, Range 1 East of the Willamette Meridian, 
Clark County, Washington, described as follows:
    Beginning at the Northwest corner of the Northeast quarter of said 
Section 8; thence South along the West line of the Northeast quarter of 
said Section 8, 1320 feet, more or less, to the Southwest corner of the 
Northwest quarter of said Northeast quarter; thence East along the 
South line to a point 830 feet West of the Southeast corner of the 
Northwest quarter of said Northeast quarter; thence North, parallel 
with the East line of said Northeast quarter to a point 600 feet South 
of the North line of said Northeast quarter; thence East, parallel with 
the North line of said Northeast quarter, 370 feet, said point being 
the True Point of Beginning of the tract herein described; thence West 
parallel with the North line of said Northeast quarter, a distance of 
457 feet; thence North parallel with the West line of said Northeast 
quarter, a distance of 240 feet; thence East parallel with the West 
line of said Northeast quarter, a distance of 240 feet; thence East 
parallel with the North line of said Northeast quarter, a distance of 
157.0 feet; thence North, parallel with the West line of said Northeast 
quarter, a distance of 360 feet, more or less, to the North line of 
said Northeast quarter; thence East, along said North line, a distance 
of 300 feet; thence South, parallel with the West line of said 
Northeast quarter, a distance of 600 feet, more or less, to the True 
Point of Beginning.

Parcel VI

    A portion of the Northwest quarter of the Northeast quarter of 
Section 8, Township 4 North, Range 1 East of the Willamette Meridian, 
Clark County, Washington, described as follows:
    Beginning at the Northwest corner of the Northeast quarter of said 
Section 8, thence South along the West line of the Northeast quarter of 
said Section 8, 1320 feet, more or less, to the Southwest corner of the 
Northwest quarter of said Northeast quarter; thence East along the 
South line to a point 830 feet West of the Southeast corner of the 
Northwest quarter of said Northeast quarter; thence North, parallel 
with the East line of said Northeast quarter to a point 600 feet South 
of the North line of said Northeast quarter; thence East, parallel with 
the North line of said Northeast quarter 370 feet to a point, said 
point being True Point of Beginning of the tract herein described; 
thence West, parallel with the North line of said Northeast quarter, a 
distance of 457 feet; thence North, parallel with the West line of said 
Northeast quarter, a distance of 240 feet; thence East, parallel with 
the North line of said Northeast quarter, a distance of 157.0 feet; 
thence North, parallel with the West line of said Northeast quarter, a 
distance of 360 feet, more or less, to the North line of said Northeast 
quarter; thence East, along said North line, a distance of 300 feet; 
thence South, parallel with the West line of said Northeast quarter, a 
distance of 600 feet, more or less, to the True Point of Beginning.

Parcel VII

    The East 830 feet of the Northwest quarter of the Northeast quarter 
of Section 8, Township 4 North, Range 1 East of the Willamette 
Meridian, Clark County, Washington.
    Except the West 370 feet to the North 600 feet thereof.
    Also except that portion of the remainder thereof, lying within NW 
319th Street.

Parcel VIII

    The Northeast quarter of the Northeast quarter of Section 8, 
Township 4 North, Range 1 East of the Willamette Meridian, Clark 
County, Washington.
    Except that portion of said premises, described as follows:
    Beginning at a point 612 feet East of the Northwest corner of said 
Northeast

[[Page 379]]

quarter of the Northeast quarter of said Section 8; thence South 191.0 
feet; thence East 228.0 feet; thence North 191.0 feet; thence West 
228.0 feet to the Point of Beginning.
    Except that portion of said premises, described as follows:
    Beginning at a point 390.0 feet East of the Northwest corner of 
said Northeast quarter of the Northeast quarter of said Section 8; 
thence East 206.00 feet; thence South 206.0 feet: thence West 206.0 
feet; thence North 206.0 feet to the Point of Beginning.
    Except that portion of said premises lying within Pekin Ferry 
County Road, and
    Except that portion of said premises lying within County Road No. 
25;
    Except that portion conveyed to the State of Washington by deed 
recorded under Auditor's File Nos. G 143551 and G 499101.
    Except that portion conveyed to the State of Washington for 
Interstate 5.
    Except that portion conveyed to James Fisher and wife, by 
instrument recorded under Auditor's File No. G 699690, described as 
follows:
    Beginning at the Southeast corner of the Northeast quarter of the 
Northeast quarter of Section 8, Township 4 North, Range 1 East of the 
Willamette Meridian, Clark County, Washington; thence North 200 feet; 
thence West 435 feet; thence South 200 feet to a point on the South 
line of the Northeast quarter of the Northeast quarter of said Section; 
thence East 435 feet to the Point of Beginning.

Parcel IX

    That portion of the Northeast quarter of the Northeast quarter of 
Section 8, Township 4 North, Range 1 East of the Willamette Meridian, 
Clark County, Washington; described as follows:
    Beginning at a point 612 feet East of the Northwest corner of the 
Northeast quarter of the Northeast quarter of Section 8, Township 4 
North, Range 1 East of the Willamette Meridian, Clark County, 
Washington; thence South 191 feet; thence East 228 feet; thence North 
191 feet; thence West 228 feet to the Point of Beginning.
    Except County Roads.
    Also except that portion thereof conveyed to the State of 
Washington by deed recorded under Auditor's File Nos. G 500929 and G 
143551.

    Dated: December 17, 2010.
Larry Echo Hawk,
Assistant Secretary--Indian Affairs.
[FR Doc. 2010-33145 Filed 1-3-11; 8:45 am]
BILLING CODE 4310-4N-P