Case Number: 15118
Applicant Name: EASTERN BAND OF CHEROKEE
Public Notice to Acquire Land into Trust – BIA Regional Director Decisions
ACTION: Notice of decision to acquire land into trust under 25 Code of Federal Regulations, Part 151.
SUMMARY: The Regional Director, Bureau of Indian Affairs, U.S. Department of the Interior, on the below date, has made a determination to acquire real property in trust for EASTERN BAND OF CHEROKEE.
The land referred to as former KITUWAH PROPERTY, herein and is described as: See “Exhibit A” for legal descriptions.
DATE: This determination was made on 09/13/2021.
FOR FURTHER INFORMATION CONTACT: BIA EASTERN REGIONAL OFFICE, Bureau of Indian Affairs, 545 MARRIOTT DRIVE, SUITE 700, NASHVILLE, TN 37214, telephone ((61) ) 564-6500.
SUPPLEMENTARY INFORMATION: This notice is published to comply with the requirement of 25 CFR § 151.12(d)(2)(iii) that notice be given of the decision by the authorized representative of the Secretary of the Interior to acquire land in trust.
A copy of the determination is available [at the following website: n/a AND/OR from the office identified in the FOR FURTHER INFORMATION section of this notice]. Any party who wishes to seek judicial review of the Regional Director’s decision must first exhaust administrative remedies. The Regional Director’s decision may be appealed to the Interior Board of Indian Appeals (IBIA) in accordance with the regulations in 43 C.F.R. 4.310-4.340.
If you choose to appeal this decision, your notice of appeal to the IBIA must be signed by you or your attorney and must be either postmarked and mailed (if you use mail) or delivered (if you use another means of physical delivery, such as FedEx or UPS) to the IBIA within 30 days from the date of publication of this notice. The regulations do not authorize filings by facsimile/fax or by electronic means. Your notice of appeal should clearly identify the decision being appealed. You must send your original notice of appeal to the IBIA at the following address: Interior Board of Indian Appeals, Office of Hearings and Appeals, U.S. Department of the Interior, 801 North Quincy Street, Suite 300, Arlington, Virginia 22203. You must send copies of your notice of appeal to (1) the Assistant Secretary – Indian Affairs, U.S. Department of the Interior, MS-4141-MIB, 1849 C Street N.W., Washington, D.C. 20240; (2) each interested party known to you; and (3) the Regional Director. Your notice of appeal sent to the IBIA must include a statement certifying that you have sent copies to these officials and interested parties and should identify them by names or titles and addresses.
If you file a notice of appeal, the IBIA will notify you of further procedures. If no appeal is timely filed, this decision will become final for the Department of the Interior at the expiration of the appeal period. No extension of time may be granted for filing a notice of appeal.
As Surveyed Legal Description
Being a 307.03 Acre Tract in the Charleston Township, Swain County, and being further described as; Beginning at a 2” Existing Iron Pipe, corner common to Dehart and said point of beginning having a Latitude of N 35°26’10.9830” and Longitude of 83°24’34.9549” W and NC Grid Coordinates Northing of 642,917.91 feet and Easting of 686,928.87 feet, thence from said point N 11°40’02” W a distance of 17.20 feet to a Mag Spike set in the centerline of US Highway 19; thence with the centerline of US Highway 19 the following four calls; N 89°43’30” E a distance of 32.23 feet; N 86°53’49” E a distance of 104.00 feet; N 87°06’25” E a distance of 115.28 feet; N 86°06’48” E a distance of 79.47 feet to a Mag Spike set in the centerline of US Highway 19; thence leaving the centerline of US Highway 19, N 03°25’26” W, passing a 2” Existing Iron Pipe at 25.47 feet, total distance 281.71 feet to a 5/8” Existing Iron Rod, corner of Suttles, Deed Book 379, Page 766; and running thence N 88°55’24” W a distance of 151.64 feet to a 1/2″ Existing Iron Pipe, being a corner of Warren, Deed Book 370, Page 174; thence N 00°30’35” W a distance of 653.15 feet to 1/2″ Existing Iron Pipe, being a corner of Wood, Deed Book 168, Page 320; thence N 87°38’50” E passing a 5/8″ Existing Iron Rod at 333.33 feet, total distance of 351.81 feet to a point in the centerline of Galbraith Creek Road; thence with the centerline of Galbraith Creek Road the following three calls; N 18°41’43” W a distance of 35.49 feet; N 19°13’50” W a distance of 184.06 feet; and N 20°39’43” W a distance of 32.24 feet to a point being a corner of Nelsen, Deed Book 384, Page 230; thence N 84°55’07” E passing a 1/2″ Existing Iron Pipe at 35.39 feet, total distance 357.91 feet to a 5/8″ Existing Iron Rod; thence N 43°10’17” E passing a 1/2″ Existing Iron Pipe at 380.62 feet, corner of Beaulieu Deed Book 201, Page 525, continuing another 946.40 feet to a 1/2″ Existing Iron Pipe, corner of Dixon Deed Book 316, Page 134, continuing another 288.97 feet, total distance 1615.99 feet to a 1/2″ Existing Iron Pipe, corner of Leadingfox Deed Book 386, Page 243; thence S 74°27’20” E passing a 5/8” Existing Iron Rod at 99.66 feet, total distance of 120.79 feet to a 15″ Pine; thence N 15°27’10” E, passing a 5/8” Existing Iron Rod at 19.56 feet, total distance of 206.71 feet to a 5/8″ Existing Iron Rod; thence N 18°21’11” E, passing a 5/8” Existing Iron Rod at 126.42 feet, total distance of 139.26 feet to a 16″ White Oak; thence N 43°21’25” E, passing a 5/8” Existing Iron Rod at 12.05 feet, total distance of 90.02 feet to a 19″ White Oak; thence N 43°01’40” E, passing a 5/8” Existing Iron Rod at 19.86 feet, total distance of 179.74 feet to a 5/8″ Existing Iron Rod; thence N 44°56’21” E, passing a 5/8” Existing Iron Rod at 252.43 feet, total distance of 271.94 feet to a 16″ Black Oak; thence N 20°36’03” E passing a 5/8” Existing Iron Rod at 20.41 feet, passing another 5/8” Existing Iron Rod at 82.91 feet, total distance of 102.32 feet to a 12″ Black Oak; thence N 11°47’59” E, passing a 5/8” Existing Iron Rod at 20.29 feet, passing another 5/8” Existing Iron Rod at 319.02 feet, total distance of 339.16′ to a 28″ Red Oak; thence N 44°54’46” E, passing a 5/8” Existing Iron Rod at 19.53 feet, total distance of 94.99′ to a Mag Nail found in a Power Pole Stump; thence continuing N 44°54’46” E a distance of 111.69 feet to a point in the centerline of US Hwy 19; thence with the centerline of US Hwy 19 the following three calls; N 26°51’10” W a distance of 55.95 feet; N 23°05’32” W a distance of 72.30 feet; N 10°15’47” W a distance of 81.91 feet to a Mag Spike set in the centerline of US Hwy 19 where Galbraith Creek crosses said Highway; said point having a Latitude of N 35°26’49.4770” and Longitude of 83°24’02.8344” W and NC Grid Coordinates Northing of 646,687.92 feet and Easting of 689,756.39 feet, thence with the centerline of Galbraith Creek the following six calls; S 82°46’30” E a distance of 75.83 feet; S 79°59’49” E a distance of 25.77 feet; S 60°52’15” E a distance of 66.36 feet; S 59°25’11” E a distance of 51.12 feet; S 62°16’04” E a distance of 21.93 feet; S 86°24’59” E a distance of 49.91 feet to a point at the intersection of Galbraith Creek and the Tuckasegee River; thence with the Tuckasegee River the following 49 calls; S 16°18’38” E a distance of 22.26 feet; S 18°56’35” E a distance of 95.28 feet; S 18°54’01” E a distance of 159.01 feet; S 24°31’26” E a distance of 139.29 feet; S 29°10’10” E a distance of 251.19 feet; S 21°24’37” E a distance of 80.80 feet; S 40°30’24” E a distance of 145.10 feet; S 53°18’40” E a distance of 35.30 feet; S 45°19’59” E a distance of 234.75 feet; S 42°18’24” E a distance of 153.84 feet; S 34°14’18” E a distance of 174.10 feet; S 21°32’24” E a distance of 150.58 feet; S 10°14’45” E a distance of 69.39 feet; S 06°05’37” W a distance of 48.31 feet; S 62°16’04” W a distance of 184.55 feet; S 39°40’41” W a distance of 97.13 feet; S 24°12’34” W a distance of 103.15 feet; S 40°10’24” W a distance of 68.55 feet; S 31°50’50” W a distance of 98.38 feet; S 21°58’09” W a distance of 237.31 feet; S 23°04’54” W a distance of 154.60 feet; S 18°53’48” W a distance of 71.49 feet; S 15°20’46” W a distance of 213.98 feet; S 13°10’41” W a distance of 136.84 feet; S 00°41’08” W a distance of 185.14 feet; S 03°56’36” W a distance of 182.03 feet; S 06°38’53” E a distance of 60.40 feet; S 47°55’00” E a distance of 18.94 feet; S 09°48’12” W a distance of 184.61 feet; S 07°18’25” W a distance of 112.83 feet; S 07°47’55” E a distance of 229.48 feet; S 33°52’33” E a distance of 163.96 feet; S 06°55’09” E a distance of 115.83 feet; S 15°28’53” W a distance of 144.13 feet; S 29°52’15” W a distance of 808.31; S 36°57’00” W a distance of 886.10′; S 39°31’06” W a distance of 237.66 feet; S 43°04’36” W a distance of 429.12 feet; S 39°06’59” W a distance of 203.46 feet; S 33°45’15” W a distance of 202.42 feet; S 35°47’28” W a distance of 95.10 feet; S 40°39’32” W a distance of 119.52 feet; S 43°49’22” W a distance of 168.06 feet; S 50°01’01” W a distance of 86.09 feet; S 47°01’42” W a distance of 138.07 feet; S 54°43’25” W a distance of 131.26 feet; S 60°03’02” W a distance of 234.17 feet; S 67°01’48” W a distance of 139.65 feet; and S 68°23’54” W a distance of 96.48 feet to a point of the Tuckasegee River; thence leaving the Tuckasegee River and running N 11°40’02” W , passing a 48” Double Sycamore at 20.30 feet, passing a 5/8” Existing Iron Rod at 40.30 feet, passing a 5/8″ Existing Iron Rod at 2513.30 feet; passing a 5/8″ Existing Iron Rod at 2719.32 feet; total distance 3217.33 feet to the point of beginning, containing 307.03 Acres, more or less, by method of coordinates.
