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:

1 TITLE I—AUBURN INDIAN

2 RESTORATION

3 SEC. 101. SHORT TITLE.

4 This title may be cited as the ‘‘Auburn Indian Restora5 tion Act’’.

6 SEC. 102. RESTORATION OF FEDERAL RECOGNITION,

7 RIGHTS, AND PRIVILEGES.

8 (a) FEDERAL RECOGNITION.—Notwithstanding any

9 other provision of law, Federal recognition is hereby ex10 tended to the Tribe. Except as otherwise provided in this

11 Act, all laws and regulations of general application to Indi-
2

HR 4228 EAS

1 ans or nations, tribes, or bands of Indians that are not in2 consistent with any specific provision of this title shall be

3 applicable to the Tribe and its members.

4 (b) RESTORATION OF RIGHTS AND PRIVILEGES.—Ex5 cept as provided in subsection (d), all rights and privileges

6 of the Tribe and its members under any Federal treaty, Ex7 ecutive order, agreement, or statute, or under any other au8 thority which were diminished or lost under Public Law

9 85–671 are hereby restored and the provisions of such Act

10 shall be inapplicable to the Tribe and its members after the

11 date of enactment of this Act.

12 (c) FEDERAL SERVICES AND BENEFITS.—Notwith13 standing any other provision of law, and without regard

14 to the existence of a reservation, the Tribe and its members

15 shall be eligible, on and after the date of enactment of this

16 Act, for all Federal services and benefits furnished to feder17 ally recognized Indian tribes or their members. In the case

18 of Federal services available to members of federally recog19 nized Indian tribes residing on a reservation, members of

20 the Tribe residing in the service area of the Tribe shall be

21 deemed to be residing on a reservation.

22 (d) HUNTING, FISHING, TRAPPING, AND WATER

23 RIGHTS.—Nothing in this title shall expand, reduce, or af24 fect in any manner any hunting, fishing, trapping, gather25 ing, or water right of the Tribe and its members.
3

HR 4228 EAS

1 (e) INDIAN REORGANIZATION ACT APPLICABILITY.—

2 The Act of June 18, 1934 (48 Stat. 984 et seq., chapter

3 576; 25 U.S.C. 461 et seq.), shall be applicable to the Tribe

4 and its members.

5 (f) CERTAIN RIGHTS NOT ALTERED.—Except as spe6 cifically provided in this title, nothing in this title shall

7 alter any property right or obligation, any contractual

8 right or obligation, or any obligation for taxes levied.

9 SEC. 103. ECONOMIC DEVELOPMENT.

10 (a) PLAN FOR ECONOMIC DEVELOPMENT.—The Sec11 retary shall—

12 (1) enter into negotiations with the governing

13 body of the Tribe with respect to establishing a plan

14 for economic development for the Tribe;

15 (2) in accordance with this section and not later

16 than 2 years after the adoption of a tribal constitu17 tion as provided in section 107, develop such a plan;

18 and

19 (3) upon the approval of such plan by the gov20 erning body of the Tribe, submit such plan to Con21 gress.

22 (b) RESTRICTIONS.—Any proposed transfer of real

23 property contained in the plan developed by the Secretary

24 under subsection (a) shall be consistent with the require25 ments of section 104.
4

HR 4228 EAS

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

2 (a) LANDS TO BE TAKEN IN TRUST.—The Secretary

3 shall accept any real property located in Placer County,

4 California, for the benefit of the Tribe if conveyed or other5 wise transferred to the Secretary if, at the time of such con6 veyance or transfer, there are no adverse legal claims on

7 such property, including any outstanding liens, mortgages,

8 or taxes owed. The Secretary may accept any additional

9 acreage in the service area of the Tribe pursuant to the au10 thority of the Secretary under the Act of June 18, 1934 (48

11 Stat. 984 et seq., chapter 576; 25 U.S.C. 461 et seq.).

12 (b) FORMER TRUST LANDS OF THE AUBURN

13 RANCHERIA.—Subject to the conditions specified in this sec14 tion, real property eligible for trust status under this section

15 shall include fee land held by the White Oak Ridge Associa16 tion, Indian owned fee land held communally pursuant to

17 the distribution plan prepared and approved by the Bureau

18 of Indian Affairs on August 13, 1959, and Indian owned

19 fee land held by persons listed as distributees or dependent

20 members in such distribution plan or the Indian heirs or

21 successors in interest of such distributees or dependent mem22 bers.

23 (c) LANDS TO BE PART OF THE RESERVATION.—Sub24 ject to the conditions imposed by this section, any real prop25 erty conveyed or transferred under this section shall be

26 taken in the name of the United States in trust for the Tribe
5

HR 4228 EAS

1 or, as applicable, an individual member of the Tribe, and

2 shall be part of the reservation of the Tribe.

3 SEC. 105. MEMBERSHIP ROLLS.

4 (a) COMPILATION OF TRIBAL MEMBERSHIP ROLL.—

5 Within 1 year after the date of the enactment of this Act,

6 the Secretary shall, after consultation with the Tribe, com7 pile a membership roll of the Tribe.

8 (b) CRITERIA FOR ENROLLMENTS.—(1) Until a tribal

9 constitution is adopted pursuant to section 107, an individ10 ual shall be placed on the membership roll compiled under

11 this section if the individual is living, is not an enrolled

12 member of another federally recognized Indian tribe, is of

13 United Auburn Indian Community ancestry, possesses at

14 least one-eighth or more of Indian blood quantum, and if—

15 (A) the name of the individual was listed on the

16 Auburn Indian Rancheria distribution roll compiled

17 and approved by the Bureau of Indian Affairs on Au18 gust 13, 1959, pursuant to Public Law 85–671;

19 (B) the individual was not listed on, but met the

20 requirements that the individual was required to meet

21 to be listed on, the Auburn Indian Rancheria dis22 tribution list compiled and approved by the Bureau

23 of Indian Affairs on August 13, 1959, pursuant to

24 Public Law 85–671; or
6

HR 4228 EAS

1 (C) the individual is a lineal descendant of an

2 individual, living or dead, identified in subparagraph

3 (A) or (B).

4 (2) After the adoption of a tribal constitution pursuant

5 to section 107, such tribal constitution shall govern member6 ship in the Tribe, except that in addition to meeting any

7 other criteria imposed in such tribal constitution, any per8 son added to the membership roll of the Tribe shall be of

9 United Auburn Indian Community ancestry and shall not

10 be an enrolled member of another federally recognized In11 dian tribe.

12 (c) CONCLUSIVE PROOF OF UNITED AUBURN INDIAN

13 COMMUNITY ANCESTRY.—For the purpose of subsection (b),

14 the Secretary shall accept any available evidence establish15 ing United Auburn Indian Community ancestry. The Sec16 retary shall accept as conclusive evidence of United Auburn

17 Indian Community ancestry information contained in the

18 Auburn Indian Rancheria distribution list compiled by the

19 Bureau of Indian Affairs on August 13, 1959.

20 SEC. 106. INTERIM GOVERNMENT.

21 Until a new tribal constitution and bylaws are adopt22 ed and become effective under section 107, the governing

23 body of the Tribe shall be an Interim Council. The initial

24 membership of the Interim Council shall consist of the mem25 bers of the Executive Council of the Tribe on the date of
7

HR 4228 EAS

1 the enactment of this Act, and the Interim Council shall

2 continue to operate in the manner prescribed for the Execu3 tive Council under the tribal constitution of the Tribe

4 adopted on July 20, 1991, to the extent that such constitu5 tion is not contrary to Federal law. Any new members fill6 ing vacancies on the Interim council shall meet the enroll7 ment criteria set forth in section 105(b) and be elected in

8 the same manner as are Executive Council members under

9 the tribal constitution adopted July 20, 1991.

10 SEC. 107. TRIBAL CONSTITUTION.

11 (a) ELECTION; TIME AND PROCEDURE.—Upon the

12 completion of the tribal membership roll under section

13 105(a), and upon the written request of the Interim Coun14 cil, the Secretary shall conduct, by secret ballot, an election

15 for the purpose of adopting a constitution and bylaws for

16 the Tribe. The election shall be held according to section

17 16 of the Act of June 18, 1934 (48 Stat. 987, chapter 576;

18 25 U.S.C. 476), except that absentee balloting shall be per19 mitted without regard to voter residence.

20 (b) ELECTION OF TRIBAL OFFICIALS; PROCEDURES.—

21 Not later than 120 days after the Tribe adopts a constitu22 tion and bylaws under subsection (a), the Secretary shall

23 conduct an election by secret ballot for the purpose of elect24 ing tribal officials as provided in such tribal constitution.

25 Such election shall be conducted in accordance with the pro-
8

HR 4228 EAS

1 cedures specified in subsection (a) except to the extent that

2 such procedures conflict with the tribal constitution.

3 SEC. 108. DEFINITIONS.

4 For purposes of this title:

5 (1) The term ‘‘Tribe’’ means the United Auburn

6 Indian Community of the Auburn Rancheria of Cali7 fornia.

8 (2) The term ‘‘Secretary’’ means the Secretary of

9 the Interior.

10 (3) The term ‘‘Interim Council’’ means the gov11 erning body of the Tribe specified in section 106.

12 (4) The term ‘‘member’’ means any person meet13 ing the enrollment criteria under section 105(b).

14 (5) The term ‘‘State’’ means the State of Califor15 nia.

16 (6) The term ‘‘reservation’’ means those lands ac17 quired and held in trust by the Secretary for the bene18 fit of the Tribe pursuant to section 104.

19 (7) The term ‘‘service area’’ means the counties

20 of Placer, Nevada, Yuba, Sutter, El Dorado, and Sac21 ramento, in the State of California.

22 SEC. 109. REGULATIONS.

23 The Secretary may promulgate such regulations as

24 may be necessary to carry out the provisions of this Act.
9

HR 4228 EAS

1 TITLE II—CHOCTAW INDIANS

2 RECOGNITION

3 SEC. 201. SHORT TITLE.

4 This title may be cited as the ‘‘Mowa Band of Choctaw

5 Indians Recognition Act’’.

6 SEC. 202. FEDERAL RECOGNITION.

7 Federal recognition is hereby extended to the Mowa

8 Band of Choctaw Indians of Alabama. All Federal laws of

9 general application to Indians and Indian tribes shall

10 apply with respect to the Mowa Band of Choctaw Indians

11 of Alabama.

12 SEC. 203. RESTORATION OF RIGHTS.

13 (a) IN GENERAL.—All rights and privileges of the

14 Mowa Band of Choctaw Indians which may have been abro15 gated or diminished before the date of enactment of this Act

16 by reason of any provision of Federal law that terminated

17 Federal recognition of the Mowa Band of Choctaw Indians

18 of Alabama are hereby restored and such Federal law shall

19 no longer apply with respect to the Band or the members

20 of the Band.

21 (b) CONGRESSIONAL APPROVAL.—(1) Congress finds

22 that under the treaties entered into by the ancestors of the

23 Mowa Band of the Choctaw Indians all historical tribal

24 lands were ceded to the United States.
10

HR 4228 EAS

1 (2) Congress hereby approve and ratifies such cession

2 effective as of the date of the such cession and such cession

3 shall be regarded as an extinguishment of all interest of the

4 Mowa Band of Choctaw Indians, if any, in such lands as

5 of the date of the cession.

6 (3) By virtue of the approval and ratification of the

7 cession of such lands, all claims against the United States,

8 any State or subdivision thereof, or any other person or

9 entity, by the Mowa Band of Choctaw Indians, including

10 claims for trespass damages or claims for use and occu11 pancy, arising subsequent to the cession that are based upon

12 any interest in or right involving such land, shall be consid13 ered as extinguished as of the date of the cession.

14 (c) CLAIMS.—(1) The Mowa Band of Choctaw Indians

15 may not be considered to have a historical land claim.

16 (2) The Mowa Band of Chowtaw Indians may not use

17 the Federal recognition provided to the Mowa Band of Choc18 taw Indians under this Act to assert any historical land

19 claim.

20 (3) As used in this subsection the term ‘‘historical land

21 claim’’ means a claim to land based upon—

22 (A) a contention that the Mowa Band of Choc23 taw Indians, or its ancestors, were the native inhab24 itants of such land;
11

HR 4228 EAS

1 (B) the status of Mowa Band of Choctaw Indi2 ans as native Americans; or

3 (C) the Federal recognition of the Mowa Band of

4 Choctaw Indians, as provided by this title.

5 (d) STATUTORY CONSTRUCTION.—Except as otherwise

6 specifically provided in section 204 or any other provision

7 of this title, nothing in this title may be construed as alter8 ing or affecting—

9 (1) any rights or obligations with respect to

10 property;

11 (2) any rights or obligations under any contract;

12 or

13 (3) any obligation to pay a tax levied before the

14 date of enactment of this Act.

15 SEC. 204. LANDS.

16 (a) IN GENERAL.—All legal rights, title, and interests

17 in lands that are held by the Mowa Band of Choctaw Indi18 ans of Alabama on the date of enactment of this Act are

19 hereby transferred to the United States to be held in trust

20 for the use and benefit of the Mowa Band of Choctaw Indi21 ans of Alabama.

22 (b) INTERESTS.—(1)(A) Notwithstanding any other

23 provision of law, the Mowa Band of Choctaw Indians of

24 Alabama shall transfer to the Secretary of the Interior, and

25 the Secretary of the Interior shall accept on behalf of the
12

HR 4228 EAS

1 United States, any interest in lands acquired by such Band

2 after the date of enactment of this Act.

3 (B) Such lands shall be held by the United States in

4 trust for the benefit of the Mowa Band of Choctaw Indians

5 of Alabama.

6 (2) Notwithstanding any other provision of law, the

7 Attorney General of the United States shall approve any

8 deed or other instrument used to make a conveyance under

9 paragraph (1).

10 (c) RESERVATION.—Any lands held in trust by the

11 United States for the benefit of the Mowa Band of Choctaw

12 Indians of Alabama by reason of this section shall con13 stitute the reservation of the Mowa Band of Choctaw Indi14 ans of Alabama.

15 (d) FINDINGS.—Congress finds that the provisions of

16 this section—

17 (1) are enacted at the request of the Mowa Band

18 of Choctaw Indians of Alabama; and

19 (2) are in the best interest of such Band.

20 SEC. 205. SERVICES.

21 The Mowa Band of Choctaw Indians of Alabama, and

22 the members of such Band, shall be eligible for all services

23 and benefits that are provided by the Federal Government

24 to Indians because of their status as federally recognized

25 Indians. Notwithstanding any other provision of law, such
13

HR 4228 EAS

1 services and benefits shall be provided after the date of en2 actment of this Act to the Band, and to the members of

3 the Band, without regard to the existence of a reservation

4 for the Band or the location of the residence of any member

5 of the Band on or near any Indian reservation.

6 SEC. 206. CONSTITUTION AND BYLAWS.

7 (a) IN GENERAL.—The Mowa Band of Choctaw Indi8 ans of Alabama may organize for the common welfare of

9 the Band and adopt a constitution and bylaws in accord10 ance with regulations prescribed by the Secretary of the In11 terior. The Secretary of the Interior shall offer to assist the

12 Band in drafting a constitution and bylaws for the Band.

13 (b) FILING.—Any constitution, bylaws, or amend14 ments to the constitution or bylaws that are adopted by the

15 Mowa Band of Choctaw Indians of Alabama shall take ef16 fect only after such constitution, bylaws, or amendments are

17 filed with the Secretary of the Interior.

18 SEC. 207. MEMBERSHIP.

19 (a) IN GENERAL.—Until a constitution for the Mowa

20 Band of Choctaw Indians of Alabama is adopted, the mem21 bership of the Band shall consist of each individual who—

22 (1) is named in the tribal membership roll that

23 is in effect on the date of enactment of this Act, or

24 (2) is a descendant of any individual described

25 in paragraph (1).
14

HR 4228 EAS

1 (b) AFTER THE ADOPTION OF A CONSTITUTION.—After

2 the adoption of a constitution by the Mowa Band of Choc3 taw Indians of Alabama, the membership of the Band shall

4 be determined in accordance with the terms of such con5 stitution or any bylaws adopted under such constitution.

6 SEC. 208. REGULATIONS.

7 The Secretary of the Interior shall prescribe such regu8 lations as may be necessary to carry out the purposes of

9 this title.

Attest:

Secretary.
15

HR 4228 EAS

HR 4228 EAS——2

HR 4228 EAS——3

HR 4228 EAS——4

HR 4228 EAS——5