Clatsop-Nehalem Restoration Act

Summary: Clatsop-Nehalem Restoration Act This bill extends federal recognition to the Clatsop-Nehalem Confederated Tribes of Oregon. Rights and privileges of the tribe and its members under any federal treaty, executive order, agreement, statute, or other federal authority that may have been diminished or lost under the Act approved August 13, 1954 are restored. That Act no longer applies to the tribe and its members.  The tribe and its members are eligible to receive all federal services and benefits furnished to federally recognized Indian tribes, without regard to the existence of a reservation. Members of the tribe residing in Tillamook and Clatsop Counties in Oregon are deemed to be residing on or near a reservation.  No hunting, fishing, or trapping rights of the tribe or of any member are granted or restored. Lands in Tillamook County, Oregon may not be held in trust for the tribe. An Interim Council is established as the governing body of the tribe until the tribal governing body convenes. The Department of the Interior must hold an election to elect the members of the Interim Council. The membership roll of the tribe is established and opened. 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clatsop-Nehalem Restoration Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Interim council.--The term ``Interim Council'' means 
        the council which is established under, and the members elected 
        pursuant to, section 5.
            (2) Member.--The term ``member'', when used with respect to 
        the tribe, means an individual enrolled on the membership roll 
        of the tribe in accordance with section 7.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior or the Secretary's designated representative.
            (4) Tribal governing body.--The term ``tribal governing 
        body'' means the governing body that is established under, and 
        the members elected pursuant to, the tribal constitution and 
        bylaws adopted in accordance with section 6.
            (5) Tribe.--The term ``tribe'' means Clatsop-Nehalem 
        Confederated Tribes of Oregon considered as one tribe in 
        accordance with section 3.

SEC. 3. CONSIDERATION OF THE CLATSOP-NEHALEM CONFEDERATED TRIBES AS ONE 
              TRIBE.

    The Clatsop-Nehalem Confederated Tribes of Oregon shall be 
considered as one tribal unit for purposes of Federal recognition and 
eligibility for Federal benefits under section 4, the establishment of 
tribal self-government under sections 5 and 6, and the compilation of a 
tribal membership roll under section 7.

SEC. 4. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES.

    (a) Federal Recognition.--Notwithstanding any provision of the Act 
approved August 13, 1954 (25 U.S.C. 691 et seq.), or any other law, 
Federal recognition is extended to the Clatsop-Nehalem Confederated 
Tribes of Oregon. Nothing is this Act shall affect or diminish the 
treaty rights previously determined for other federally recognized 
Indian tribes.
    (b) Restoration of Rights and Privileges.--Except as provided in 
subsection (d), all rights and privileges of the tribe and the members 
of the tribe under any Federal treaty, Executive order, agreement, 
statute, or other Federal authority, that may have been diminished or 
lost under the Act approved August 13, 1954 (25 U.S.C. 691 et seq.), 
are restored, and the provisions of such Act shall be inapplicable to 
the tribe and to members of the tribe after the date of the enactment 
of this Act.
    (c) Federal Services and Benefits.--Notwithstanding any other 
provision of law, the tribe and its members shall be eligible, on and 
after the date of the enactment of this Act, for all Federal services 
and benefits furnished to federally recognized Indian tribes without 
regard to the existence of a reservation for the tribe. In the case of 
Federal services available to members of federally recognized Indian 
tribes residing on or near a reservation, members of the tribe residing 
in the following counties of the State of Oregon shall be deemed to be 
residing on or near a reservation:
            (1) Tillamook County.
            (2) Clatsop County.
    (d) No Hunting, Fishing or Trapping Rights Restored.--No hunting, 
fishing, or trapping rights of any nature of the tribe or of any 
member, including any indirect or procedural right or advantage over 
individuals who are not members, are granted or restored under this 
Act.
    (e) Effect on Property Rights and Other Obligations.--Except as 
otherwise specifically provided in this Act, no provision contained in 
this Act shall alter any property right or obligation, any contractual 
right or obligation, or any obligation for taxes already levied.
    (f) No Lands in Tillamook County.--Notwithstanding any provision of 
law, no lands shall be held in trust by the United States for the 
benefit and use of the tribe within the boundaries of Tillamook County, 
Oregon.

SEC. 5. INTERIM COUNCIL.

    (a) Establishment.--There is established an Interim Council of the 
tribe which shall be composed of nine members. The Interim Council 
shall--
            (1) represent the tribe and its members in the 
        implementation of this Act; and
            (2) be the governing body of the tribe until the tribal 
        governing body convenes.
    (b) Nomination and Election of Interim Council Members.--
            (1) General council meeting.--Not later than 45 days after 
        the date of the enactment of this Act, the Secretary shall 
        announce the date of a general council meeting of the tribe to 
        nominate candidates for election to the Interim Council. Such 
        general council meeting shall be held not later than 15 days 
        after such announcement.
            (2) Election.--Not later than 45 days after the general 
        council meeting held under paragraph (1), the Secretary shall 
        hold an election by secret ballot to elect the members of the 
        Interim Council from among the members nominated in the general 
        council meeting. Absentee and write-in balloting shall be 
        permitted.
            (3) Approval of results.--The Secretary shall approve the 
        results of the Interim Council election conducted pursuant to 
        this subsection if the Secretary is satisfied that the 
        requirements of this section relating to the nomination and the 
        election processes have been met. If the Secretary is not so 
        satisfied, the Secretary shall--
                    (A) call for another general council meeting to be 
                held not later than 60 days after such election to 
                nominate candidates for election to the Interim 
                Council; and
                    (B) hold another election within 45 days of such 
                meeting.
            (4) Notice.--The Secretary shall take any action necessary 
        to ensure that each member described in section 7(d) is given 
        notice of the time, place, and purpose of each meeting and 
        election held pursuant to this subsection not less than 10 days 
        before the general meeting or election.
    (c) Authority and Capacity; Termination.--The Interim Council 
shall--
            (1) have no powers other than those given it under this 
        Act;
            (2) with respect to any Federal service or benefit for 
        which the tribe or any member is eligible, have full authority 
        and capacity to receive grants and to enter into contracts;
            (3) except as provided in subsection (d), terminate on the 
        date that the tribal governing body first convenes; and
            (4) with respect to any contractual right established and 
        any obligation entered into by the Interim Council, have the 
        authority and capacity to bind the tribal governing body, as 
        the successor in interest to the Interim Council, for a period 
        of not more than 6 months beginning on the date such tribal 
        governing body first convenes.
    (d) Vacancy on Interim Council.--Not later than 30 days after a 
vacancy occurs on the Interim Council and subject to the approval of 
the Secretary, the Interim Council shall hold a general council meeting 
to nominate a candidate for election to fill such vacancy and hold such 
election. The Interim Council shall provide notice of the time, place, 
and purpose of such meeting and election to members described in 
section 7(d) not less than 10 days before each general meeting or 
election.

SEC. 6. TRIBAL CONSTITUTION AND BYLAWS; TRIBAL GOVERNING BODY.

    (a) Adoption of Proposed Constitution and Bylaws; Election.--
            (1) Time and procedure.--The Interim Council shall--
                    (A) prepare the tribal constitution and bylaws 
                which shall provide for, at a minimum, the 
                establishment of a tribal governing body and tribal 
                membership qualifications; and
                    (B) adopt such tribal constitution not later than 6 
                months after the date of the enactment of this Act.
            (2) Election.--Upon the adoption of the proposed tribal 
        constitution and bylaws by the Interim Council, the Council 
        shall request that the Secretary, in writing, schedule an 
        election to approve or disapprove the adoption of such 
        constitution and bylaws. The Secretary shall conduct an 
        election by secret ballot in accordance with section 16 of the 
        Act of June 18, 1934.
    (b) Notice and Consultation.--Not less than 30 days before any 
election scheduled pursuant to subsection (a), a copy of the proposed 
tribal constitution and bylaws, as adopted by the Interim Council, 
along with a brief and impartial description of the proposed 
constitution and bylaws shall be sent to each member described in 
section 7(d). The members of the Interim Council may freely consult 
with members of the tribe concerning the text and description of the 
constitution and bylaws, except that such consultation may not be 
carried on within 50 feet of the polling places on the date of such 
election.
    (c) Majority Vote for Adoption; Procedure in Event of Failure To 
Adopt Proposed Constitution.--
            (1) Majority vote for adoption.--In any election held 
        pursuant to subsection (a), a vote of a majority of those 
        actually voting shall be necessary and sufficient for the 
        approval of the adoption of the tribal constitution and bylaws.
            (2) Procedure in event of failure to adopt proposed 
        constitution.--If in any such election such majority does not 
        approve the adoption of the proposed tribal constitution and 
        bylaws, the Interim Council shall be responsible for preparing 
        another tribal constitution and other bylaws in the same manner 
        provided in this section for the first proposed constitution 
        and bylaws. The new proposed constitution and bylaws shall be 
        adopted by the Interim Council not later than 6 months after 
        the date of the election in which the first proposed 
        constitution and bylaws failed to be adopted. An election on 
        the question of the adoption of the new proposal of the Interim 
        Council shall be conducted in the same manner provided in 
        subsection (a)(2) for the election on the first proposed 
        constitution and bylaws.
    (d) Election of Tribal Governing Body.--Not later than 120 days 
after the tribe approves the adoption of the tribal constitution and 
bylaws and subject to the approval of the Secretary, the Interim 
Council shall conduct an election, by secret ballot, to elect the 
tribal governing body established under such constitution and bylaws. 
Notwithstanding any provision of the tribal constitution and bylaws, 
absentee and write-in balloting shall be permitted in an election under 
this subsection.

SEC. 7. MEMBERSHIP ROLLS; VOTING RIGHTS OF MEMBER.

    (a) Membership Roll Established and Opened.--The membership roll of 
the tribe is established and open.
    (b) Criteria Governing Eligibility.--
            (1) Membership prior to election.--Until the first election 
        of the tribal governing body is held pursuant to section 6(d), 
        the membership of the Clatsop-Nehalem Confederated Tribes shall 
        consist as follows:
                    (A) Any person who can document being a direct 
                descent from a Clatsop or Nehalem (Naalem) Tillamook 
                Indian (or both) on the tribal rolls compiled--
                            (i) in 1906 by Charles E. McChesney, 
                        Supervisor of Indian School.
                    (B) Any person found eligible by the Portland, 
                Oregon, Area Office of the Bureau of Indian Affairs who 
                would satisfy enrollment requirements under--
                            (i) the Act of August 24, 1912, (37 Stat. 
                        518-535);
                            (ii) the Act of August 30, 1964, (78 Stat. 
                        639); or
                            (iii) part 43 of title 25, Code of Federal 
                        Regulations.
                    (C) Any person who descends from those Indians who 
                were signers of the treaties between the United States 
                and the Clatsop Tribe and the Nehalem Band of the 
                Tillamooks at Tansy Point, August 5 and 6, 1851 (Vol. 
                1, p. 7-13; Records Concerning Negotiation of Treaties, 
                1851-1855; Oregon Superintendency (National Archives 
                Microfilm Publication M2, roll 28); Records of the 
                Bureau of Indian Affairs, Record Group 75; National 
                Archives Building, Washington, DC).
                    (D) Any person who can document their direct 
                descent from a Clatsop or Nehalem Tillamook Indian on 
                any other Federal, State, Indian, or church record.
                    (E) Descends from those Indians who were members of 
                the Hobsonville Community.
                    (F) All children born to a member of the tribe.
            (2) Membership after election.--After the first election of 
        the tribal governing body is held pursuant to section 6(d), the 
        provisions of the constitution and bylaws adopted in accordance 
        with section 6(a) shall govern membership in the tribe.
    (c) Dual Membership.--Any person who is enrolled in any other 
federally recognized Indian tribe, band, or community or native 
corporation shall not, at the same time be enrolled in the tribe.
    (d) Procedures for Verification of Eligibility.--
            (1) Before election of interim council.--Before the 
        election of the members of the Interim Council is held pursuant 
        to section 5(b), verification of descendancy, for purposes of 
        enrollment and age for purposes of voting rights under 
        subsection (d) shall be made upon oath before the Secretary 
        whose determination thereon shall be final.
            (2) After election of interim council.--After the election 
        of the members of the Interim Council is held pursuant to 
        section 5(b), but before the first election of the members of 
        the tribal governing body is held pursuant to section 6(d), the 
        verification of descendancy and age shall be made upon oath 
        before the Interim Council, or its authorized representative. 
        An individual may appeal the exclusion of the individual's name 
        from the membership roll of the tribe to the Secretary, who 
        shall make a final determination of each such appeal within 90 
        days after such an appeal has been filed with him. The 
        determination of the Secretary with respect to such an appeal 
        shall be final.
            (3) After election of tribal governing body.--After the 
        first election of the members of the tribal governing body is 
        held pursuant to section 6(d), the provisions of the 
        constitution and bylaws adopted in accordance with section 6(a) 
        shall govern the verification of any requirements for 
        membership in the tribe. The Interim Council and the Secretary 
        shall deliver their records and files and any other material 
        relating to the enrollment of tribal members to such tribal 
        governing body.
            (4) Publication of membership roll.--Not less than 60 days 
        before the election under section 6(a), the Secretary shall 
        publish in the Federal Register a certified copy of the 
        membership roll of the tribe as of the date of such 
        publication. Such membership roll shall include the names of 
        all individuals who were enrolled by the Secretary, either 
        directly under paragraph (1) or pursuant to an appeal under 
        paragraph (2), and by the Interim Council under paragraph (2).
    (e) Voting Rights of Member.--Each member who is 18 years of age or 
older shall be eligible to--
            (1) attend, participate in, and vote at each general 
        council meeting;
            (2) nominate candidates for any office;
            (3) run for any office; and
            (4) vote in any election of members to the Interim Council 
        and to such other tribal governing body as may be established 
        under the constitution and bylaws adopted in accordance with 
        section 6.

SEC. 8. REGULATIONS.

    The Secretary may promulgate such regulations as may be necessary 
to carry out the provisions of this Act.

SEC. 9. NO PRECEDENT.

    Nothing in this Act establishes a precedent or shall be construed 
to affect any decision or other action related to restoration or 
recognition of any Indian tribe other than the Clatsop-Nehalem 
Confederated Tribes of Oregon.