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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4228 Engrossed Amendment Senate (EAS)]

103d CONGRESS

  2d Session

                               H. R. 4228

_______________________________________________________________________

                               AMENDMENT
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                    September 30 (legislative day, September 12), 1994.
      Resolved, That the bill from the House of Representatives (H.R. 
4228) entitled ``An Act to extend Federal recognition to the United 
Auburn Indian Community of the Auburn Rancheria of California'', do 
pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

                   TITLE I--AUBURN INDIAN RESTORATION

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Auburn Indian Restoration Act''.

SEC. 102. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES.

    (a) Federal Recognition.--Notwithstanding any other provision of 
law, Federal recognition is hereby extended to the Tribe. Except as 
otherwise provided in this Act, all laws and regulations of general 
application to Indians or nations, tribes, or bands of Indians that are 
not inconsistent with any specific provision of this title shall be 
applicable to the Tribe and its members.
    (b) Restoration of Rights and Privileges.--Except as provided in 
subsection (d), all rights and privileges of the Tribe and its members 
under any Federal treaty, Executive order, agreement, or statute, or 
under any other authority which were diminished or lost under Public 
Law 85-671 are hereby restored and the provisions of such Act shall be 
inapplicable to the Tribe and its members after the date of enactment 
of this Act.
    (c) Federal Services and Benefits.--Notwithstanding any other 
provision of law, and without regard to the existence of a reservation, 
the Tribe and its members shall be eligible, on and after the date of 
enactment of this Act, for all Federal services and benefits furnished 
to federally recognized Indian tribes or their members. In the case of 
Federal services available to members of federally recognized Indian 
tribes residing on a reservation, members of the Tribe residing in the 
service area of the Tribe shall be deemed to be residing on a 
reservation.
    (d) Hunting, Fishing, Trapping, and Water Rights.--Nothing in this 
title shall expand, reduce, or affect in any manner any hunting, 
fishing, trapping, gathering, or water right of the Tribe and its 
members.
    (e) Indian Reorganization Act Applicability.--The Act of June 18, 
1934 (48 Stat. 984 et seq., chapter 576; 25 U.S.C. 461 et seq.), shall 
be applicable to the Tribe and its members.
    (f) Certain Rights Not Altered.--Except as specifically provided in 
this title, nothing in this title shall alter any property right or 
obligation, any contractual right or obligation, or any obligation for 
taxes levied.

SEC. 103. ECONOMIC DEVELOPMENT.

    (a) Plan for Economic Development.--The Secretary shall--
            (1) enter into negotiations with the governing body of the 
        Tribe with respect to establishing a plan for economic 
        development for the Tribe;
            (2) in accordance with this section and not later than 2 
        years after the adoption of a tribal constitution as provided 
        in section 107, develop such a plan; and
            (3) upon the approval of such plan by the governing body of 
        the Tribe, submit such plan to Congress.
    (b) Restrictions.--Any proposed transfer of real property contained 
in the plan developed by the Secretary under subsection (a) shall be 
consistent with the requirements of section 104.

SEC. 104. TRANSFER OF LAND TO BE HELD IN TRUST.

    (a) Lands To Be Taken In Trust.--The Secretary shall accept any 
real property located in Placer County, California, for the benefit of 
the Tribe if conveyed or otherwise transferred to the Secretary if, at 
the time of such conveyance or transfer, there are no adverse legal 
claims on such property, including any outstanding liens, mortgages, or 
taxes owed. The Secretary may accept any additional acreage in the 
service area of the Tribe pursuant to the authority of the Secretary 
under the Act of June 18, 1934 (48 Stat. 984 et seq., chapter 576; 25 
U.S.C. 461 et seq.).
    (b) Former Trust Lands of the Auburn Rancheria.--Subject to the 
conditions specified in this section, real property eligible for trust 
status under this section shall include fee land held by the White Oak 
Ridge Association, Indian owned fee land held communally pursuant to 
the distribution plan prepared and approved by the Bureau of Indian 
Affairs on August 13, 1959, and Indian owned fee land held by persons 
listed as distributees or dependent members in such distribution plan 
or the Indian heirs or successors in interest of such distributees or 
dependent members.
    (c) Lands To Be Part of the Reservation.--Subject to the conditions 
imposed by this section, any real property conveyed or transferred 
under this section shall be taken in the name of the United States in 
trust for the Tribe or, as applicable, an individual member of the 
Tribe, and shall be part of the reservation of the Tribe.

SEC. 105. MEMBERSHIP ROLLS.

    (a) Compilation of Tribal Membership Roll.--Within 1 year after the 
date of the enactment of this Act, the Secretary shall, after 
consultation with the Tribe, compile a membership roll of the Tribe.
    (b) Criteria for Enrollments.--(1) Until a tribal constitution is 
adopted pursuant to section 107, an individual shall be placed on the 
membership roll compiled under this section if the individual is 
living, is not an enrolled member of another federally recognized 
Indian tribe, is of United Auburn Indian Community ancestry, possesses 
at least one-eighth or more of Indian blood quantum, and if--
            (A) the name of the individual was listed on the Auburn 
        Indian Rancheria distribution roll compiled and approved by the 
        Bureau of Indian Affairs on August 13, 1959, pursuant to Public 
        Law 85-671;
            (B) the individual was not listed on, but met the 
        requirements that the individual was required to meet to be 
        listed on, the Auburn Indian Rancheria distribution list 
        compiled and approved by the Bureau of Indian Affairs on August 
        13, 1959, pursuant to Public Law 85-671; or
            (C) the individual is a lineal descendant of an individual, 
        living or dead, identified in subparagraph (A) or (B).
    (2) After the adoption of a tribal constitution pursuant to section 
107, such tribal constitution shall govern membership in the Tribe, 
except that in addition to meeting any other criteria imposed in such 
tribal constitution, any person added to the membership roll of the 
Tribe shall be of United Auburn Indian Community ancestry and shall not 
be an enrolled member of another federally recognized Indian tribe.
    (c) Conclusive Proof of United Auburn Indian Community Ancestry.--
For the purpose of subsection (b), the Secretary shall accept any 
available evidence establishing United Auburn Indian Community 
ancestry. The Secretary shall accept as conclusive evidence of United 
Auburn Indian Community ancestry information contained in the Auburn 
Indian Rancheria distribution list compiled by the Bureau of Indian 
Affairs on August 13, 1959.

SEC. 106. INTERIM GOVERNMENT.

    Until a new tribal constitution and bylaws are adopted and become 
effective under section 107, the governing body of the Tribe shall be 
an Interim Council. The initial membership of the Interim Council shall 
consist of the members of the Executive Council of the Tribe on the 
date of the enactment of this Act, and the Interim Council shall 
continue to operate in the manner prescribed for the Executive Council 
under the tribal constitution of the Tribe adopted on July 20, 1991, to 
the extent that such constitution is not contrary to Federal law. Any 
new members filling vacancies on the Interim council shall meet the 
enrollment criteria set forth in section 105(b) and be elected in the 
same manner as are Executive Council members under the tribal 
constitution adopted July 20, 1991.

SEC. 107. TRIBAL CONSTITUTION.

    (a) Election; Time and Procedure.--Upon the completion of the 
tribal membership roll under section 105(a), and upon the written 
request of the Interim Council, the Secretary shall conduct, by secret 
ballot, an election for the purpose of adopting a constitution and 
bylaws for the Tribe. The election shall be held according to section 
16 of the Act of June 18, 1934 (48 Stat. 987, chapter 576; 25 U.S.C. 
476), except that absentee balloting shall be permitted without regard 
to voter residence.
    (b) Election of Tribal Officials; Procedures.--Not later than 120 
days after the Tribe adopts a constitution and bylaws under subsection 
(a), the Secretary shall conduct an election by secret ballot for the 
purpose of electing tribal officials as provided in such tribal 
constitution. Such election shall be conducted in accordance with the 
procedures specified in subsection (a) except to the extent that such 
procedures conflict with the tribal constitution.

SEC. 108. DEFINITIONS.

    For purposes of this title:
            (1) The term ``Tribe'' means the United Auburn Indian 
        Community of the Auburn Rancheria of California.
            (2) The term ``Secretary'' means the Secretary of the 
        Interior.
            (3) The term ``Interim Council'' means the governing body 
        of the Tribe specified in section 106.
            (4) The term ``member'' means any person meeting the 
        enrollment criteria under section 105(b).
            (5) The term ``State'' means the State of California.
            (6) The term ``reservation'' means those lands acquired and 
        held in trust by the Secretary for the benefit of the Tribe 
        pursuant to section 104.
            (7) The term ``service area'' means the counties of Placer, 
        Nevada, Yuba, Sutter, El Dorado, and Sacramento, in the State 
        of California.

SEC. 109. REGULATIONS.

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

                 TITLE II--CHOCTAW INDIANS RECOGNITION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Mowa Band of Choctaw Indians 
Recognition Act''.

SEC. 202. FEDERAL RECOGNITION.

    Federal recognition is hereby extended to the Mowa Band of Choctaw 
Indians of Alabama. All Federal laws of general application to Indians 
and Indian tribes shall apply with respect to the Mowa Band of Choctaw 
Indians of Alabama.

SEC. 203. RESTORATION OF RIGHTS.

    (a) In General.--All rights and privileges of the Mowa Band of 
Choctaw Indians which may have been abrogated or diminished before the 
date of enactment of this Act by reason of any provision of Federal law 
that terminated Federal recognition of the Mowa Band of Choctaw Indians 
of Alabama are hereby restored and such Federal law shall no longer 
apply with respect to the Band or the members of the Band.
    (b) Congressional Approval.--(1) Congress finds that under the 
treaties entered into by the ancestors of the Mowa Band of the Choctaw 
Indians all historical tribal lands were ceded to the United States.
    (2) Congress hereby approve and ratifies such cession effective as 
of the date of the such cession and such cession shall be regarded as 
an extinguishment of all interest of the Mowa Band of Choctaw Indians, 
if any, in such lands as of the date of the cession.
    (3) By virtue of the approval and ratification of the cession of 
such lands, all claims against the United States, any State or 
subdivision thereof, or any other person or entity, by the Mowa Band of 
Choctaw Indians, including claims for trespass damages or claims for 
use and occupancy, arising subsequent to the cession that are based 
upon any interest in or right involving such land, shall be considered 
as extinguished as of the date of the cession.
    (c) Claims.--(1) The Mowa Band of Choctaw Indians may not be 
considered to have a historical land claim.
    (2) The Mowa Band of Chowtaw Indians may not use the Federal 
recognition provided to the Mowa Band of Choctaw Indians under this Act 
to assert any historical land claim.
    (3) As used in this subsection the term ``historical land claim'' 
means a claim to land based upon--
            (A) a contention that the Mowa Band of Choctaw Indians, or 
        its ancestors, were the native inhabitants of such land;
            (B) the status of Mowa Band of Choctaw Indians as native 
        Americans; or
            (C) the Federal recognition of the Mowa Band of Choctaw 
        Indians, as provided by this title.
    (d) Statutory construction.--Except as otherwise specifically 
provided in section 204 or any other provision of this title, nothing 
in this title may be construed as altering or affecting--
            (1) any rights or obligations with respect to property;
            (2) any rights or obligations under any contract; or
            (3) any obligation to pay a tax levied before the date of 
        enactment of this Act.

SEC. 204. LANDS.

    (a) In General.--All legal rights, title, and interests in lands 
that are held by the Mowa Band of Choctaw Indians of Alabama on the 
date of enactment of this Act are hereby transferred to the United 
States to be held in trust for the use and benefit of the Mowa Band of 
Choctaw Indians of Alabama.
    (b) Interests.--(1)(A) Notwithstanding any other provision of law, 
the Mowa Band of Choctaw Indians of Alabama shall transfer to the 
Secretary of the Interior, and the Secretary of the Interior shall 
accept on behalf of the United States, any interest in lands acquired 
by such Band after the date of enactment of this Act.
    (B) Such lands shall be held by the United States in trust for the 
benefit of the Mowa Band of Choctaw Indians of Alabama.
    (2) Notwithstanding any other provision of law, the Attorney 
General of the United States shall approve any deed or other instrument 
used to make a conveyance under paragraph (1).
    (c) Reservation.--Any lands held in trust by the United States for 
the benefit of the Mowa Band of Choctaw Indians of Alabama by reason of 
this section shall constitute the reservation of the Mowa Band of 
Choctaw Indians of Alabama.
    (d) Findings.--Congress finds that the provisions of this section--
            (1) are enacted at the request of the Mowa Band of Choctaw 
        Indians of Alabama; and
            (2) are in the best interest of such Band.

SEC. 205. SERVICES.

    The Mowa Band of Choctaw Indians of Alabama, and the members of 
such Band, shall be eligible for all services and benefits that are 
provided by the Federal Government to Indians because of their status 
as federally recognized Indians. Notwithstanding any other provision of 
law, such services and benefits shall be provided after the date of 
enactment of this Act to the Band, and to the members of the Band, 
without regard to the existence of a reservation for the Band or the 
location of the residence of any member of the Band on or near any 
Indian reservation.

SEC. 206. CONSTITUTION AND BYLAWS.

    (a) In General.--The Mowa Band of Choctaw Indians of Alabama may 
organize for the common welfare of the Band and adopt a constitution 
and bylaws in accordance with regulations prescribed by the Secretary 
of the Interior. The Secretary of the Interior shall offer to assist 
the Band in drafting a constitution and bylaws for the Band.
    (b) Filing.--Any constitution, bylaws, or amendments to the 
constitution or bylaws that are adopted by the Mowa Band of Choctaw 
Indians of Alabama shall take effect only after such constitution, 
bylaws, or amendments are filed with the Secretary of the Interior.

SEC. 207. MEMBERSHIP.

    (a) In General.--Until a constitution for the Mowa Band of Choctaw 
Indians of Alabama is adopted, the membership of the Band shall consist 
of each individual who--
            (1) is named in the tribal membership roll that is in 
        effect on the date of enactment of this Act, or
            (2) is a descendant of any individual described in 
        paragraph (1).
    (b) After the Adoption of a Constitution.--After the adoption of a 
constitution by the Mowa Band of Choctaw Indians of Alabama, the 
membership of the Band shall be determined in accordance with the terms 
of such constitution or any bylaws adopted under such constitution.

SEC. 208. REGULATIONS.

    The Secretary of the Interior shall prescribe such regulations as 
may be necessary to carry out the purposes of this title.

            Attest:

                                                             Secretary.

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