Calendar No. 582

103D CONGRESS

2D SESSION H. R. 4228

[Report No. 103–340]

AN ACT

To extend Federal recognition to the United AuRancheria of California. burn Indian Community of the Auburn

AUGUST 18, 1994

Reported with an amendment
II

Calendar No. 582

103D CONGRESS

2D SESSION H. R. 4228

[Report No. 103–340]

IN THE SENATE OF THE UNITED STATES

JULY 26 (legislative day, JULY 20), 1994

Received; read twice and referred to the Committee on Indian Affairs

AUGUST 18, 1994

Reported by Mr. INOUYE, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

AN ACT

To extend Federal recognition to the United Auburn Indian

Community of the Auburn Rancheria of California.

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 ‘‘Auburn Indian Res5 toration Act’’.
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1 SEC. 2. RESTORATION OF FEDERAL RECOGNITION, RIGHTS,

2 AND PRIVILEGES.

3 (a) FEDERAL RECOGNITION.—Notwithstanding any

4 other provision of law, Federal recognition is hereby ex5 tended to the Tribe. Except as otherwise provided in this

6 Act, all laws and regulations of general application to Indi7 ans or nations, tribes, or bands of Indians that are not

8 inconsistent with any specific provision of this Act shall

9 be applicable to the Tribe and its members.

10 (b) RESTORATION OF RIGHTS AND PRIVILEGES.—

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

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

14 any other authority which were diminished or lost under

15 the Act of August 18, 1958 (Public Law 85–671), are

16 hereby restored and the provisions of such Act shall be

17 inapplicable to the Tribe and its members after the date

18 of enactment of this Act.

19 (c) FEDERAL SERVICES AND BENEFITS.—Notwith20 standing any other provision of law and without regard

21 to the existence of a reservation, the Tribe and its mem22 bers shall be eligible, on and after the date of enactment

23 of this Act, for all Federal services and benefits furnished

24 to federally recognized Indian tribes or their members. In

25 the case of Federal services available to members of feder26 ally recognized Indian tribes residing on a reservation,
3

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1 members of the Tribe residing in the Tribe’s service area

2 shall be deemed to be residing on a reservation.

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

4 RIGHTS.—Nothing in this Act shall expand, reduce, or af5 fect in any manner any hunting, fishing, trapping, gather6 ing, or water right of the Tribe and its members.

7 (e) INDIAN REORGANIZATION ACT APPLICABILITY.—

8 The Act of June 18, 1934 (25 U.S.C. 461 et seq.), shall

9 be applicable to the Tribe and its members.

10 (f) CERTAIN RIGHTS NOT ALTERED.—Except as spe11 cifically provided in this Act, nothing in this Act shall alter

12 any property right or obligation, any contractual right or

13 obligation, or any obligation for taxes levied.

14 SEC. 3. ECONOMIC DEVELOPMENT.

15 (a) PLAN FOR ECONOMIC DEVELOPMENT.—The Sec16 retary shall—

17 (1) enter into negotiations with the governing

18 body of the Tribe with respect to establishing a plan

19 for economic development for the Tribe;

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

21 than 2 years after the adoption of a tribal constitu22 tion as provided in section 7, develop such a plan;

23 and
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1 (3) upon the approval of such plan by the gov2 erning body of the Tribe, submit such plan to the

3 Congress.

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

5 property contained in the plan developed by the Secretary

6 under subsection (a) shall be consistent with the require7 ments of section 4.

8 SEC. 4. TRANSFER OF LAND TO BE HELD IN TRUST.

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

10 shall accept any real property located in Placer County,

11 California, for the benefit of the Tribe if conveyed or oth12 erwise transferred to the Secretary if, at the time of such

13 conveyance or transfer, there are no adverse legal claims

14 on such property, including outstanding liens, mortgages,

15 or taxes owed. The Secretary may accept any additional

16 acreage in the Tribe’s service area pursuant to the author17 ity of the Secretary under the Act of June 18, 1934 (25

18 U.S.C. 461 et seq.).

19 (b) FORMER TRUST LANDS OF THE AUBURN

20 RANCHERIA.—Subject to the conditions specified in this

21 section, real property eligible for trust status under this

22 section shall include fee land held by the White Oak Ridge

23 Association, Indian owned fee land held communally pur24 suant to the distribution plan prepared and approved by

25 the Bureau of Indian Affairs on August 13, 1959, and
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1 Indian owned fee land held by persons listed as

2 distributees or dependent members in such distribution

3 plan or such distributees’ or dependent members’ Indian

4 heirs or successors in interest.

5 (c) LANDS TO BE PART OF THE RESERVATION.—

6 Subject to the conditions imposed by this section, any real

7 property conveyed or transferred under this section shall

8 be taken in the name of the United States in trust for

9 the Tribe or, as applicable, an individual member of the

10 Tribe, and shall be part of the Tribe’s reservation.

11 SEC. 5. MEMBERSHIP ROLLS.

12 (a) COMPILATION OF TRIBAL MEMBERSHIP ROLL.—

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

14 the Secretary shall, after consultation with the Tribe, com15 pile a membership roll of the Tribe.

16 (b) CRITERIA FOR ENROLLMENTS.—(1) Until a trib17 al constitution is adopted pursuant to section 7, an indi18 vidual shall be placed on the membership roll if the indi19 vidual is living, is not an enrolled member of another fed20 erally recognized Indian tribe, is of United Auburn Indian

21 Community ancestry, possesses at least one-eighth or

22 more of Indian blood quantum, and if—

23 (A) the individual’s name was listed on the Au24 burn Indian Rancheria distribution roll compiled and
6

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1 approved by the Bureau of Indian Affairs on August

2 13, 1959, pursuant to Public Law 85–671;

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

4 the requirements that had to be met to be listed on,

5 the Auburn Indian Rancheria distribution list com6 piled and approved by the Bureau of Indian Affairs

7 on August 13, 1959, pursuant to Public Law 85–

8 671; or

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

10 individual, living or dead, identified in subparagraph

11 (A) or (B).

12 (2) After adoption of a tribal constitution pursuant

13 to section 7, such tribal constitution shall govern member14 ship in the Tribe, except that in addition to meeting any

15 other criteria imposed in such tribal constitution, any per16 son added to the membership roll shall be of United Au17 burn Indian Community ancestry and shall not be an en18 rolled member of another federally recognized Indian

19 tribe.

20 (c) CONCLUSIVE PROOF OF UNITED AUBURN INDIAN

21 COMMUNITY ANCESTRY.—For the purpose of subsection

22 (b), the Secretary shall accept any available evidence es23 tablishing United Auburn Indian Community ancestry.

24 The Secretary shall accept as conclusive evidence of Unit25 ed Auburn Indian Community ancestry information con-
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1 tained in the Auburn Indian Rancheria distribution list

2 compiled by the Bureau of Indian Affairs on August 13,

3 1959.

4 SEC. 6. INTERIM GOVERNMENT.

5 Until a new tribal constitution and bylaws are adopt6 ed and become effective under section 7, the Tribe’s gov7 erning body shall be an Interim Council. The initial mem8 bership of the Interim Council shall consist of the mem9 bers of the Executive Council of the Tribe on the date

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

11 continue to operate in the manner prescribed for the Exec12 utive Council under the tribal constitution adopted July

13 20, 1991, as long as such constitution is not contrary to

14 Federal law. Any new members filling vacancies on the

15 Interim council shall meet the enrollment criteria set forth

16 in section 5(b) and be elected in the same manner as are

17 Executive Council members under the tribal constitution

18 adopted July 20, 1991.

19 SEC. 7. TRIBAL CONSTITUTION.

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

21 completion of the tribal membership roll under section

22 5(a) and upon the written request of the Interim Council,

23 the Secretary shall conduct, by secret ballot, an election

24 for the purpose of adopting a constitution and bylaws for

25 the Tribe. The election shall be held according to section
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1 16 of the Act of June 18, 1934 (25 U.S.C. 476), except

2 that absentee balloting shall be permitted regardless of

3 voter residence.

4 (b) ELECTION OF TRIBAL OFFICIALS; PROCE5 DURES.—Not later than 120 days after the Tribe adopts

6 a constitution and bylaws under subsection (a), the Sec7 retary shall conduct an election by secret ballot for the

8 purpose of electing tribal officials as provided in such trib9 al constitution. Such election shall be conducted according

10 to the procedures specified in subsection (a) except to the

11 extent that such procedures conflict with the tribal con12 stitution.

13 SEC. 8. DEFINITIONS.

14 For purposes of this Act:

15 (1) The term ‘‘Tribe’’ means the United Au16 burn Indian Community of the Auburn Rancheria of

17 California.

18 (2) The term ‘‘Secretary’’ means the Secretary

19 of the Interior.

20 (3) The term ‘‘Interim Council’’ means the gov21 erning body of the Tribe specified in section 6.

22 (4) The term ‘‘member’’ means those persons

23 meeting the enrollment criteria under section 5(b).

24 (5) The term ‘‘State’’ means the State of Cali25 fornia.
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1 (6) The term ‘‘reservation’’ means those lands

2 acquired and held in trust by the Secretary for the

3 benefit of the Tribe pursuant to section 4.

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

5 of Placer, Nevada, Yuba, Sutter, El Dorado, and

6 Sacramento, in the State of California.

7 SEC. 9. REGULATIONS.

8 The Secretary may promulgate such regulations as

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

10 SECTION 1. SHORT TITLE.

11 This Act may be cited as the ‘‘Auburn Indian Restora12 tion Act’’.

13 SEC. 2. RESTORATION OF FEDERAL RECOGNITION, RIGHTS,

14 AND PRIVILEGES.

15 (a) FEDERAL RECOGNITION.—Notwithstanding any

16 other provision of law, Federal recognition is hereby ex17 tended to the Tribe. Except as otherwise provided in this

18 Act, all laws and regulations of general application to Indi19 ans or nations, tribes, or bands of Indians that are not in20 consistent with any specific provision of this Act shall be

21 applicable to the Tribe and its members.

22 (b) RESTORATION OF RIGHTS AND PRIVILEGES.—Ex23 cept as provided in subsection (d), all rights and privileges

24 of the Tribe and its members under any Federal treaty, Ex25 ecutive order, agreement, or statute, or under any other au-
10

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1 thority which were diminished or lost under Public Law

2 85–671 are hereby restored and the provisions of such Act

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

4 date of enactment of this Act.

5 (c) FEDERAL SERVICES AND BENEFITS.—Notwith6 standing any other provision of law, and without regard

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

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

9 Act, for all Federal services and benefits furnished to feder10 ally recognized Indian tribes or their members. In the case

11 of Federal services available to members of federally recog12 nized Indian tribes residing on a reservation, members of

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

14 deemed to be residing on a reservation.

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

16 RIGHTS.—Nothing in this Act shall expand, reduce, or af17 fect in any manner any hunting, fishing, trapping, gather18 ing, or water right of the Tribe and its members.

19 (e) INDIAN REORGANIZATION ACT APPLICABILITY.—

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

21 576; 25 U.S.C. 461 et seq.), shall be applicable to the Tribe

22 and its members.

23 (f) CERTAIN RIGHTS NOT ALTERED.—Except as spe24 cifically provided in this Act, nothing in this Act shall alter
11

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1 any property right or obligation, any contractual right or

2 obligation, or any obligation for taxes levied.

3 SEC. 3. ECONOMIC DEVELOPMENT.

4 (a) PLAN FOR ECONOMIC DEVELOPMENT.—The Sec5 retary shall—

6 (1) enter into negotiations with the governing

7 body of the Tribe with respect to establishing a plan

8 for economic development for the Tribe;

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

10 than 2 years after the adoption of a tribal constitu11 tion as provided in section 7, develop such a plan;

12 and

13 (3) upon the approval of such plan by the gov14 erning body of the Tribe, submit such plan to Con15 gress.

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

17 property contained in the plan developed by the Secretary

18 under subsection (a) shall be consistent with the require19 ments of section 4.

20 SEC. 4. TRANSFER OF LAND TO BE HELD IN TRUST.

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

22 shall accept any real property located in Placer County,

23 California, for the benefit of the Tribe if conveyed or other24 wise transferred to the Secretary if, at the time of such con25 veyance or transfer, there are no adverse legal claims on
12

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1 such property, including any outstanding liens, mortgages,

2 or taxes owed. The Secretary may accept any additional

3 acreage in the service area of the Tribe pursuant to the au4 thority of the Secretary under the Act of June 18, 1934 (48

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

6 (b) FORMER TRUST LANDS OF THE AUBURN

7 RANCHERIA.—Subject to the conditions specified in this sec8 tion, real property eligible for trust status under this section

9 shall include fee land held by the White Oak Ridge Associa10 tion, Indian owned fee land held communally pursuant to

11 the distribution plan prepared and approved by the Bureau

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

13 fee land held by persons listed as distributees or dependent

14 members in such distribution plan or the Indian heirs or

15 successors in interest of such distributees or dependent mem16 bers.

17 (c) LANDS TO BE PART OF THE RESERVATION.—Sub18 ject to the conditions imposed by this section, any real prop19 erty conveyed or transferred under this section shall be

20 taken in the name of the United States in trust for the Tribe

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

22 shall be part of the reservation of the Tribe.

23 SEC. 5. MEMBERSHIP ROLLS.

24 (a) COMPILATION OF TRIBAL MEMBERSHIP ROLL.—

25 Within 1 year after the date of the enactment of this Act,
13

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1 the Secretary shall, after consultation with the Tribe, com2 pile a membership roll of the Tribe.

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

4 constitution is adopted pursuant to section 7, an individual

5 shall be placed on the membership roll compiled under this

6 section if the individual is living, is not an enrolled member

7 of another federally recognized Indian tribe, is of United

8 Auburn Indian Community ancestry, possesses at least one9 eighth or more of Indian blood quantum, and if—

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

11 Auburn Indian Rancheria distribution roll compiled

12 and approved by the Bureau of Indian Affairs on Au13 gust 13, 1959, pursuant to Public Law 85–671;

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

15 requirements that the individual was required to meet

16 to be listed on, the Auburn Indian Rancheria dis17 tribution list compiled and approved by the Bureau

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

19 Public Law 85–671; or

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

21 individual, living or dead, identified in subparagraph

22 (A) or (B).

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

24 to section 7, such tribal constitution shall govern member25 ship in the Tribe, except that in addition to meeting any
14

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1 other criteria imposed in such tribal constitution, any per2 son added to the membership roll of the Tribe shall be of

3 United Auburn Indian Community ancestry and shall not

4 be an enrolled member of another federally recognized In5 dian tribe.

6 (c) CONCLUSIVE PROOF OF UNITED AUBURN INDIAN

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

8 the Secretary shall accept any available evidence establish9 ing United Auburn Indian Community ancestry. The Sec10 retary shall accept as conclusive evidence of United Auburn

11 Indian Community ancestry information contained in the

12 Auburn Indian Rancheria distribution list compiled by the

13 Bureau of Indian Affairs on August 13, 1959.

14 SEC. 6. INTERIM GOVERNMENT.

15 Until a new tribal constitution and bylaws are adopt16 ed and become effective under section 7, the governing body

17 of the Tribe shall be an Interim Council. The initial mem18 bership of the Interim Council shall consist of the members

19 of the Executive Council of the Tribe on the date of the en20 actment of this Act, and the Interim Council shall continue

21 to operate in the manner prescribed for the Executive Coun22 cil under the tribal constitution of the Tribe adopted on

23 July 20, 1991, to the extent that such constitution is not

24 contrary to Federal law. Any new members filling vacancies

25 on the Interim council shall meet the enrollment criteria
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1 set forth in section 5(b) and be elected in the same manner

2 as are Executive Council members under the tribal constitu3 tion adopted July 20, 1991.

4 SEC. 7. TRIBAL CONSTITUTION.

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

6 completion of the tribal membership roll under section 5(a),

7 and upon the written request of the Interim Council, the

8 Secretary shall conduct, by secret ballot, an election for the

9 purpose of adopting a constitution and bylaws for the

10 Tribe. The election shall be held according to section 16 of

11 the Act of June 18, 1934 (48 Stat. 987, chapter 576; 25

12 U.S.C. 476), except that absentee balloting shall be per13 mitted without regard to voter residence.

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

15 Not later than 120 days after the Tribe adopts a constitu16 tion and bylaws under subsection (a), the Secretary shall

17 conduct an election by secret ballot for the purpose of elect18 ing tribal officials as provided in such tribal constitution.

19 Such election shall be conducted in accordance with the pro20 cedures specified in subsection (a) except to the extent that

21 such procedures conflict with the tribal constitution.

22 SEC. 8. DEFINITIONS.

23 For purposes of this Act:
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1 (1) The term ‘‘Tribe’’ means the United Auburn

2 Indian Community of the Auburn Rancheria of Cali3 fornia.

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

5 the Interior.

6 (3) The term ‘‘Interim Council’’ means the gov7 erning body of the Tribe specified in section 6.

8 (4) The term ‘‘member’’ means any person meet9 ing the enrollment criteria under section 5(b).

10 (5) The term ‘‘State’’ means the State of Califor11 nia.

12 (6) The term ‘‘reservation’’ means those lands ac13 quired and held in trust by the Secretary for the bene14 fit of the Tribe pursuant to section 4.

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

16 of Placer, Nevada, Yuba, Sutter, El Dorado, and Sac17 ramento, in the State of California.

18 SEC. 9. REGULATIONS.

19 The Secretary may promulgate such regulations as

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

Passed the House of Representatives July 25, 1994.

Attest: DONNALD K. ANDERSON,

Clerk.

HR 4228 RS——2