I 

114TH CONGRESS 

1ST SESSION H. R. 3736 

To provide for the restoration of Federal recognition to the Clatsop-Nehalem 

Confederated Tribes of Oregon, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 9, 2015 

Ms. BONAMICI introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To provide for the restoration of Federal recognition to the 

Clatsop-Nehalem Confederated Tribes of Oregon, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Clatsop-Nehalem Res5 toration Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) INTERIM COUNCIL.—The term ‘‘Interim 

9 Council’’ means the council which is established 


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1 under, and the members elected pursuant to, section 

2 5. 

3 (2) MEMBER.—The term ‘‘member’’, when used 

4 with respect to the tribe, means an individual en5 rolled on the membership roll of the tribe in accord6 ance with section 7. 

7 (3) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of the Interior or the Secretary’s des9 ignated representative. 

10 (4) TRIBAL GOVERNING BODY.—The term 

11 ‘‘tribal governing body’’ means the governing body 

12 that is established under, and the members elected 

13 pursuant to, the tribal constitution and bylaws 

14 adopted in accordance with section 6. 

15 (5) TRIBE.—The term ‘‘tribe’’ means Clatsop16 Nehalem Confederated Tribes of Oregon considered 

17 as one tribe in accordance with section 3. 

18 SEC. 3. CONSIDERATION OF THE CLATSOP-NEHALEM CON19 FEDERATED TRIBES AS ONE TRIBE. 

20 The Clatsop-Nehalem Confederated Tribes of Oregon 

21 shall be considered as one tribal unit for purposes of Fed22 eral recognition and eligibility for Federal benefits under 

23 section 4, the establishment of tribal self-government 

24 under sections 5 and 6, and the compilation of a tribal 

25 membership roll under section 7. 


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1 SEC. 4. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, 

2 AND PRIVILEGES. 

3 (a) FEDERAL RECOGNITION.—Notwithstanding any 

4 provision of the Act approved August 13, 1954 (25 U.S.C. 

5 691 et seq.), or any other law, Federal recognition is ex6 tended to the Clatsop-Nehalem Confederated Tribes of Or7 egon. Nothing is this Act shall affect or diminish the trea8 ty rights previously determined for other federally recog9 nized Indian tribes. 

10 (b) RESTORATION OF RIGHTS AND PRIVILEGES.— 

11 Except as provided in subsection (d), all rights and privi12 leges of the tribe and the members of the tribe under any 

13 Federal treaty, Executive order, agreement, statute, or 

14 other Federal authority, that may have been diminished 

15 or lost under the Act approved August 13, 1954 (25 

16 U.S.C. 691 et seq.), are restored, and the provisions of 

17 such Act shall be inapplicable to the tribe and to members 

18 of the tribe after the date of the enactment of this Act. 

19 (c) FEDERAL SERVICES AND BENEFITS.—Notwith20 standing any other provision of law, the tribe and its mem21 bers shall be eligible, on and after the date of the enact22 ment of this Act, for all Federal services and benefits fur23 nished to federally recognized Indian tribes without regard 

24 to the existence of a reservation for the tribe. In the case 

25 of Federal services available to members of federally rec26 ognized Indian tribes residing on or near a reservation, 


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1 members of the tribe residing in the following counties of 

2 the State of Oregon shall be deemed to be residing on or 

3 near a reservation: 

4 (1) Tillamook County. 

5 (2) Clatsop County. 

6 (d) NO HUNTING, FISHING OR TRAPPING RIGHTS

7 RESTORED.—No hunting, fishing, or trapping rights of 

8 any nature of the tribe or of any member, including any 

9 indirect or procedural right or advantage over individuals 

10 who are not members, are granted or restored under this 

11 Act. 

12 (e) EFFECT ON PROPERTY RIGHTS AND OTHER OB13 LIGATIONS.—Except as otherwise specifically provided in 

14 this Act, no provision contained in this Act shall alter any 

15 property right or obligation, any contractual right or obli16 gation, or any obligation for taxes already levied. 

17 (f) NO LANDS IN TILLAMOOK COUNTY.—Notwith18 standing any provision of law, no lands shall be held in 

19 trust by the United States for the benefit and use of the 

20 tribe within the boundaries of Tillamook County, Oregon. 

21 SEC. 5. INTERIM COUNCIL. 

22 (a) ESTABLISHMENT.—There is established an In23 terim Council of the tribe which shall be composed of nine 

24 members. The Interim Council shall— 


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1 (1) represent the tribe and its members in the 

2 implementation of this Act; and 

3 (2) be the governing body of the tribe until the 

4 tribal governing body convenes. 

5 (b) NOMINATION AND ELECTION OF INTERIM COUN6 CIL MEMBERS.— 

7 (1) GENERAL COUNCIL MEETING.—Not later 

8 than 45 days after the date of the enactment of this 

9 Act, the Secretary shall announce the date of a gen10 eral council meeting of the tribe to nominate can11 didates for election to the Interim Council. Such 

12 general council meeting shall be held not later than 

13 15 days after such announcement. 

14 (2) ELECTION.—Not later than 45 days after 

15 the general council meeting held under paragraph 

16 (1), the Secretary shall hold an election by secret 

17 ballot to elect the members of the Interim Council 

18 from among the members nominated in the general 

19 council meeting. Absentee and write-in balloting 

20 shall be permitted. 

21 (3) APPROVAL OF RESULTS.—The Secretary 

22 shall approve the results of the Interim Council elec23 tion conducted pursuant to this subsection if the 

24 Secretary is satisfied that the requirements of this 

25 section relating to the nomination and the election 


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1 processes have been met. If the Secretary is not so 

2 satisfied, the Secretary shall— 

3 (A) call for another general council meet4 ing to be held not later than 60 days after such 

5 election to nominate candidates for election to 

6 the Interim Council; and 

7 (B) hold another election within 45 days of 

8 such meeting. 

9 (4) NOTICE.—The Secretary shall take any ac10 tion necessary to ensure that each member described 

11 in section 7(d) is given notice of the time, place, and 

12 purpose of each meeting and election held pursuant 

13 to this subsection not less than 10 days before the 

14 general meeting or election. 

15 (c) AUTHORITY AND CAPACITY; TERMINATION.—The 

16 Interim Council shall— 

17 (1) have no powers other than those given it 

18 under this Act; 

19 (2) with respect to any Federal service or ben20 efit for which the tribe or any member is eligible, 

21 have full authority and capacity to receive grants 

22 and to enter into contracts; 

23 (3) except as provided in subsection (d), termi24 nate on the date that the tribal governing body first 

25 convenes; and 


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1 (4) with respect to any contractual right estab2 lished and any obligation entered into by the Interim 

3 Council, have the authority and capacity to bind the 

4 tribal governing body, as the successor in interest to 

5 the Interim Council, for a period of not more than 

6 6 months beginning on the date such tribal gov7 erning body first convenes. 

8 (d) VACANCY ON INTERIM COUNCIL.—Not later than 

9 30 days after a vacancy occurs on the Interim Council and 

10 subject to the approval of the Secretary, the Interim Coun11 cil shall hold a general council meeting to nominate a can12 didate for election to fill such vacancy and hold such elec13 tion. The Interim Council shall provide notice of the time, 

14 place, and purpose of such meeting and election to mem15 bers described in section 7(d) not less than 10 days before 

16 each general meeting or election. 

17 SEC. 6. TRIBAL CONSTITUTION AND BYLAWS; TRIBAL GOV18 ERNING BODY. 

19 (a) ADOPTION OF PROPOSED CONSTITUTION AND

20 BYLAWS; ELECTION.— 

21 (1) TIME AND PROCEDURE.—The Interim 

22 Council shall— 

23 (A) prepare the tribal constitution and by24 laws which shall provide for, at a minimum, the 


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1 establishment of a tribal governing body and 

2 tribal membership qualifications; and 

3 (B) adopt such tribal constitution not later 

4 than 6 months after the date of the enactment 

5 of this Act. 

6 (2) ELECTION.—Upon the adoption of the pro7 posed tribal constitution and bylaws by the Interim 

8 Council, the Council shall request that the Secretary, 

9 in writing, schedule an election to approve or dis10 approve the adoption of such constitution and by11 laws. The Secretary shall conduct an election by se12 cret ballot in accordance with section 16 of the Act 

13 of June 18, 1934. 

14 (b) NOTICE AND CONSULTATION.—Not less than 30 

15 days before any election scheduled pursuant to subsection 

16 (a), a copy of the proposed tribal constitution and bylaws, 

17 as adopted by the Interim Council, along with a brief and 

18 impartial description of the proposed constitution and by19 laws shall be sent to each member described in section 

20 7(d). The members of the Interim Council may freely con21 sult with members of the tribe concerning the text and 

22 description of the constitution and bylaws, except that 

23 such consultation may not be carried on within 50 feet 

24 of the polling places on the date of such election. 


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1 (c) MAJORITY VOTE FOR ADOPTION; PROCEDURE IN

2 EVENT OF FAILURE TO ADOPT PROPOSED CONSTITU3 TION.— 

4 (1) MAJORITY VOTE FOR ADOPTION.—In any 

5 election held pursuant to subsection (a), a vote of a 

6 majority of those actually voting shall be necessary 

7 and sufficient for the approval of the adoption of the 

8 tribal constitution and bylaws. 

9 (2) PROCEDURE IN EVENT OF FAILURE TO

10 ADOPT PROPOSED CONSTITUTION.—If in any such 

11 election such majority does not approve the adoption 

12 of the proposed tribal constitution and bylaws, the 

13 Interim Council shall be responsible for preparing 

14 another tribal constitution and other bylaws in the 

15 same manner provided in this section for the first 

16 proposed constitution and bylaws. The new proposed 

17 constitution and bylaws shall be adopted by the In18 terim Council not later than 6 months after the date 

19 of the election in which the first proposed constitu20 tion and bylaws failed to be adopted. An election on 

21 the question of the adoption of the new proposal of 

22 the Interim Council shall be conducted in the same 

23 manner provided in subsection (a)(2) for the election 

24 on the first proposed constitution and bylaws. 


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1 (d) ELECTION OF TRIBAL GOVERNING BODY.—Not 

2 later than 120 days after the tribe approves the adoption 

3 of the tribal constitution and bylaws and subject to the 

4 approval of the Secretary, the Interim Council shall con5 duct an election, by secret ballot, to elect the tribal gov6 erning body established under such constitution and by7 laws. Notwithstanding any provision of the tribal constitu8 tion and bylaws, absentee and write-in balloting shall be 

9 permitted in an election under this subsection. 

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

11 (a) MEMBERSHIP ROLL ESTABLISHED AND

12 OPENED.—The membership roll of the tribe is established 

13 and open. 

14 (b) CRITERIA GOVERNING ELIGIBILITY.— 

15 (1) MEMBERSHIP PRIOR TO ELECTION.—Until 

16 the first election of the tribal governing body is held 

17 pursuant to section 6(d), the membership of the 

18 Clatsop-Nehalem Confederated Tribes shall consist 

19 as follows: 

20 (A) Any person who can document being a 

21 direct descent from a Clatsop or Nehalem 

22 (Naalem) Tillamook Indian (or both) on the 

23 tribal rolls compiled— 

24 (i) in 1906 by Charles E. McChesney, 

25 Supervisor of Indian School. 


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1 (B) Any person found eligible by the Port2 land, Oregon, Area Office of the Bureau of In3 dian Affairs who would satisfy enrollment re4 quirements under— 

5 (i) the Act of August 24, 1912, (37 

6 Stat. 518–535); 

7 (ii) the Act of August 30, 1964, (78 

8 Stat. 639); or 

9 (iii) part 43 of title 25, Code of Fed10 eral Regulations. 

11 (C) Any person who descends from those 

12 Indians who were signers of the treaties be13 tween the United States and the Clatsop Tribe 

14 and the Nehalem Band of the Tillamooks at 

15 Tansy Point, August 5 and 6, 1851 (Vol. 1, p. 

16 7–13; Records Concerning Negotiation of Trea17 ties, 1851–1855; Oregon Superintendency (Na18 tional Archives Microfilm Publication M2, roll 

19 28); Records of the Bureau of Indian Affairs, 

20 Record Group 75; National Archives Building, 

21 Washington, DC). 

22 (D) Any person who can document their 

23 direct descent from a Clatsop or Nehalem 

24 Tillamook Indian on any other Federal, State, 

25 Indian, or church record. 


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1 (E) Descends from those Indians who were 

2 members of the Hobsonville Community. 

3 (F) All children born to a member of the 

4 tribe. 

5 (2) MEMBERSHIP AFTER ELECTION.—After the 

6 first election of the tribal governing body is held 

7 pursuant to section 6(d), the provisions of the con8 stitution and bylaws adopted in accordance with sec9 tion 6(a) shall govern membership in the tribe. 

10 (c) DUAL MEMBERSHIP.—Any person who is enrolled 

11 in any other federally recognized Indian tribe, band, or 

12 community or native corporation shall not, at the same 

13 time be enrolled in the tribe. 

14 (d) PROCEDURES FOR VERIFICATION OF ELIGI15 BILITY.— 

16 (1) BEFORE ELECTION OF INTERIM COUNCIL.— 

17 Before the election of the members of the Interim 

18 Council is held pursuant to section 5(b), verification 

19 of descendancy, for purposes of enrollment and age 

20 for purposes of voting rights under subsection (d) 

21 shall be made upon oath before the Secretary whose 

22 determination thereon shall be final. 

23 (2) AFTER ELECTION OF INTERIM COUNCIL.— 

24 After the election of the members of the Interim 

25 Council is held pursuant to section 5(b), but before 


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1 the first election of the members of the tribal gov2 erning body is held pursuant to section 6(d), the 

3 verification of descendancy and age shall be made 

4 upon oath before the Interim Council, or its author5 ized representative. An individual may appeal the ex6 clusion of the individual’s name from the member7 ship roll of the tribe to the Secretary, who shall 

8 make a final determination of each such appeal 

9 within 90 days after such an appeal has been filed 

10 with him. The determination of the Secretary with 

11 respect to such an appeal shall be final. 

12 (3) AFTER ELECTION OF TRIBAL GOVERNING

13 BODY.—After the first election of the members of 

14 the tribal governing body is held pursuant to section 

15 6(d), the provisions of the constitution and bylaws 

16 adopted in accordance with section 6(a) shall govern 

17 the verification of any requirements for membership 

18 in the tribe. The Interim Council and the Secretary 

19 shall deliver their records and files and any other 

20 material relating to the enrollment of tribal members 

21 to such tribal governing body. 

22 (4) PUBLICATION OF MEMBERSHIP ROLL.—Not 

23 less than 60 days before the election under section 

24 6(a), the Secretary shall publish in the Federal Reg25 ister a certified copy of the membership roll of the 


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1 tribe as of the date of such publication. Such mem2 bership roll shall include the names of all individuals 

3 who were enrolled by the Secretary, either directly 

4 under paragraph (1) or pursuant to an appeal under 

5 paragraph (2), and by the Interim Council under 

6 paragraph (2). 

7 (e) VOTING RIGHTS OF MEMBER.—Each member 

8 who is 18 years of age or older shall be eligible to— 

9 (1) attend, participate in, and vote at each gen10 eral council meeting; 

11 (2) nominate candidates for any office; 

12 (3) run for any office; and 

13 (4) vote in any election of members to the In14 terim Council and to such other tribal governing 

15 body as may be established under the constitution 

16 and bylaws adopted in accordance with section 6. 

17 SEC. 8. REGULATIONS. 

18 The Secretary may promulgate such regulations as 

19 may be necessary to carry out the provisions of this Act. 

20 SEC. 9. NO PRECEDENT. 

21 Nothing in this Act establishes a precedent or shall 

22 be construed to affect any decision or other action related 

23 to restoration or recognition of any Indian tribe other than 

24 the Clatsop-Nehalem Confederated Tribes of Oregon. 

Æ 


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