103D CONGRESS

2D SESSION H. R. 4180

AN ACT

To provide for the annual publication of a list of federally

recognized Indian tribes, 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 TITLE I—WITHDRAWAL OF AC4 KNOWLEDGEMENT OR REC5 OGNITION

6 SEC. 101. SHORT TITLE.

7 This title may be cited as the ‘‘Federally Recognized

8 Indian Tribe List Act of 1994’’.
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1 SEC. 102. DEFINITIONS.

2 For the purposes of this title:

3 (1) The term ‘‘Secretary’’ means the Secretary

4 of the Interior.

5 (2) The term ‘‘Indian tribe’’ means any Indian

6 or Alaska Native tribe, band, nation, pueblo, village

7 or community that the Secretary of the Interior ac8 knowledges to exist as an Indian tribe.

9 (3) The term ‘‘list’’ means the list of recognized

10 tribes published by the Secretary pursuant to section

11 104 of this title.

12 SEC. 103. FINDINGS.

13 The Congress finds that—

14 (1) the Constitution, as interpreted by Federal

15 case law, invests Congress with plenary authority

16 over Indian Affairs;

17 (2) ancillary to that authority, the United

18 States has a trust responsibility to recognized Indian

19 tribes, maintains a government-to-government rela20 tionship with those tribes, and recognizes the sov21 ereignty of those tribes;

22 (3) Indian tribes presently may be recognized

23 by Act of Congress; by the administrative procedures

24 set forth in part 83 of the Code of Federal Regula25 tions denominated ‘‘Procedures for Establishing that
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1 an American Indian Group Exists as an Indian

2 Tribe;’’ or by a decision of a United States court;

3 (4) a tribe which has been recognized in one of

4 these manners may not be terminated except by an

5 Act of Congress;

6 (5) Congress has expressly repudiated the pol7 icy of terminating recognized Indian tribes, and has

8 actively sought to restore recognition to tribes that

9 previously have been terminated;

10 (6) the Secretary of the Interior is charged with

11 the responsibility of keeping a list of all federally

12 recognized tribes;

13 (7) the list published by the Secretary should be

14 accurate, regularly updated, and regularly published,

15 since it is used by the various departments and

16 agencies of the United States to determine the eligi17 bility of certain groups to receive services from the

18 United States; and

19 (8) the list of federally recognized tribes which

20 the Secretary publishes should reflect all of the fed21 erally recognized Indian tribes in the United States

22 which are eligible for the special programs and serv23 ices provided by the United States to Indians be24 cause of their status as Indians.
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1 SEC. 104. PUBLICATION OF LIST OF RECOGNIZED TRIBES.

2 (a) PUBLICATION OF THE LIST.—The Secretary shall

3 publish in the Federal Register a list of all Indian tribes

4 which the Secretary recognizes to be eligible for the special

5 programs and services provided by the United States to

6 Indians because of their status as Indians.

7 (b) FREQUENCY OF PUBLICATION.—The list shall be

8 published within 60 days of enactment of this Act, and

9 annually on or before every January 30 thereafter.

10 TITLE II—CENTRAL COUNCIL OF

11 TLINGIT AND HAIDA INDIAN

12 TRIBES OF ALASKA

13 SEC. 201. SHORT TITLE.

14 This title may be cited as the ‘‘Tlingit and Haida Sta15 tus Clarification Act’’.

16 SEC. 202. FINDINGS.

17 The Congress finds and declares that—

18 (1) the United States has acknowledged the

19 Central Council of Tlingit and Haida Indian Tribes

20 of Alaska pursuant to the Act of June 19, 1935 (49

21 Stat. 388, as amended, commonly referred to as the

22 ‘‘Jurisdiction Act’’), as a federally recognized Indian

23 tribe;

24 (2) on October 21, 1993, the Secretary of the

25 Interior published a list of federally recognized In26 dian tribes pursuant to part 83 of title 25 of the
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1 Code of Federal Regulations which omitted the

2 Central Council of Tlingit and Haida Indian Tribes

3 of Alaska;

4 (3) the Secretary does not have the authority to

5 terminate the federally recognized status of an In6 dian tribe as determined by Congress;

7 (4) the Secretary may not administratively di8 minish the privileges and immunities of federally

9 recognized Indian tribes without the consent of Con10 gress; and

11 (5) the Central Council of Tlingit and Haida

12 Indian Tribes of Alaska continues to be a federally

13 recognized Indian tribe.

14 SEC. 203. REAFFIRMATION OF TRIBAL STATUS.

15 The Congress reaffirms and acknowledges that the

16 Central Council of Tlingit and Haida Indian Tribes of

17 Alaska is a federally recognized Indian tribe.

18 SEC. 204. DISCLAIMER.

19 (a) IN GENERAL.—Nothing in this title shall be inter20 preted to diminish or interfere with the government-to21 government relationship between the United States and

22 other federally recognized Alaska Native tribes, nor to vest

23 any power, authority, or jurisdiction in the Central Coun24 cil of Tlingit and Haida Indian Tribes of Alaska over other

25 federally recognized Alaska Native tribes.
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1 (b) CONSTITUTION OF CENTRAL COUNCIL OF THE

2 TLINGIT AND HAIDA INDIAN TRIBES OF ALASKA.—Noth3 ing in this title shall be construed as codifying the Con4 stitution of the Central Council of the Tlingit and Haida

5 Indian Tribes of Alaska into Federal law.

6 SEC. 205. PROHIBITION AGAINST DUPLICATIVE SERVICES.

7 Other federally recognized tribes in Southeast Alaska

8 shall have precedence over the Central Council of Tlingit

9 and Haida Indian Tribes of Alaska in the award of a Fed10 eral compact, contract or grant to the extent that their

11 service population overlaps with that of the Central Coun12 cil of Tlingit and Haida Indian tribes of Alaska. In no

13 event shall dually enrolled members result in duplication

14 of Federal service funding.

15 TITLE III—PASKENTA BAND OF

16 NOMLAKI INDIANS OF CALI17 FORNIA

18 SEC. 301. SHORT TITLE.

19 This title may be cited as the ‘‘Paskenta Band Res20 toration Act’’.

21 SEC. 302. DEFINITIONS.

22 For purposes of this title:

23 (1) The term ‘‘Tribe’’ means the Paskenta

24 Band of Nomlaki Indians of the Paskenta Rancheria

25 of California.
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1 (2) The term ‘‘Secretary’’ means the Secretary

2 of the Interior.

3 (3) The term ‘‘Interim Council’’ means the gov4 erning body of the Tribe specified in section 307.

5 (4) The term ‘‘member’’ means an individual

6 who meets the membership criteria under section

7 306(b).

8 (5) The term ‘‘State’’ means the State of Cali9 fornia.

10 (6) The term ‘‘reservation’’ means those lands

11 acquired and held in trust by the Secretary for the

12 benefit of the Tribe pursuant to section 305.

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

14 of Tehama and Glenn, in the State of California.

15 SEC. 303. RESTORATION OF FEDERAL RECOGNITION,

16 RIGHTS, AND PRIVILEGES.

17 (a) FEDERAL RECOGNITION.—Federal recognition is

18 hereby extended to the Tribe. Except as otherwise pro19 vided in this title, all laws and regulations of general appli20 cation to Indians and nations, tribes, or bands of Indians

21 that are not inconsistent with any specific provision of this

22 title shall be applicable to the Tribe and its members.

23 (b) RESTORATION OF RIGHTS AND PRIVILEGES.—

24 Except as provided in subsection (d), all rights and privi25 leges of the Tribe and its members under any Federal
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1 treaty, Executive order, agreement, or statute, or under

2 any other authority which were diminished or lost under

3 the Act of August 18, 1958 (Public Law 85–671; 72 Stat.

4 619), are hereby restored and the provisions of such Act

5 shall be inapplicable to the Tribe and its members after

6 the date of enactment of this Act.

7 (c) FEDERAL SERVICES AND BENEFITS.—Without

8 regard to the existence of a reservation, the Tribe and its

9 members shall be eligible, on and after the date of enact10 ment of this Act, for all Federal services and benefits fur11 nished to federally recognized Indian tribes or their mem12 bers. In the case of Federal services available to members

13 of federally recognized Indian tribes residing on a reserva14 tion, members of the Tribe residing in the Tribe’s service

15 area shall be deemed to be residing on a reservation.

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

17 RIGHTS.—Nothing in this title shall expand, reduce, or af18 fect in any manner any hunting, fishing, trapping, gather19 ing, or water right of the Tribe and its members.

20 (e) INDIAN REORGANIZATION ACT APPLICABILITY.—

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

22 be applicable to the Tribe and its members.

23 (f) CERTAIN RIGHTS NOT ALTERED.—Except as spe24 cifically provided in this title, nothing in this title shall
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1 alter any property right or obligation, any contractual

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

3 SEC. 304. 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 two years after the adoption of a tribal con11 stitution as provided in section 308, develop such a

12 plan; and

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

15 Congress.

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 305.

20 SEC. 305. 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 Tehama County,

23 California, for the benefit of the Tribe if conveyed or oth24 erwise transferred to the Secretary if, at the time of such

25 conveyance or transfer, there are no adverse legal claims
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1 to such property, including outstanding liens, mortgages,

2 or taxes owned. The Secretary may accept any additional

3 acreage in the Tribe’s service area pursuant to the author4 ity of the Secretary under the Act of June 18, 1934 (25

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

6 (b) LANDS TO BE PART OF THE RESERVATION.—

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

8 property conveyed or transferred under this section shall

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

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

11 SEC. 306. MEMBERSHIP ROLLS.

12 (a) COMPILATION OF TRIBAL MEMBERSHIP ROLL.—

13 Within one year after the date of the enactment of this

14 Act, the Secretary shall, after consultation with the Tribe,

15 compile a membership roll of the Tribe.

16 (b) CRITERIA FOR MEMBERSHIP.—(1) Until a tribal

17 constitution is adopted pursuant to section 308, an indi18 vidual shall be placed on the membership roll if such indi19 vidual is living, is not an enrolled member of another fed20 erally recognized Indian tribe, is of Nomlaki Indian ances21 try, and if—

22 (A) such individual’s name was listed on the

23 Paskenta Indian Rancheria distribution roll compiled

24 on February 26, 1959, by the Bureau of Indian Af-
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1 fairs and approved by the Secretary of the Interior

2 on July 7, 1959, pursuant to Public Law 85–671;

3 (B) such individual was not listed on the

4 Paskenta Indian Rancheria distribution list, but met

5 the requirements that had to be met to be listed on

6 the Paskenta Indian Rancheria list;

7 (C) such individual is identified as an Indian

8 from Paskenta in any of the official or unofficial

9 rolls of Indians prepared by the Bureau of Indian

10 Affairs; or

11 (D) such individual is a lineal descendant of an

12 individual, living or dead, identified in subparagraph

13 (A), (B), or (C).

14 (2) After adoption of a tribal constitution pursuant

15 to section 308, such tribal constitution shall govern mem16 bership in the Tribe.

17 (c) CONCLUSIVE PROOF OF PASKENTA INDIAN AN18 CESTRY.—For the purpose of subsection (b), the Secretary

19 shall accept any available evidence establishing Paskenta

20 Indian ancestry. The Secretary shall accept as conclusive

21 evidence of Paskenta Indian ancestry, information con22 tained in the census of the Indians in and near Paskenta,

23 prepared by Special Indian Agent John J. Terrell, in any

24 other roll or census of Paskenta Indians prepared by the

25 Bureau of Indian Affairs, and in the Paskenta Indian
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1 Rancheria distribution list, compiled by the Bureau of In2 dian Affairs on February 26, 1959.

3 SEC. 307. INTERIM GOVERNMENT.

4 Until a new tribal constitution and bylaws are adopt5 ed and become effective under section 308, the Tribe’s

6 governing body shall be an Interim Council. The initial

7 membership of the Interim Council shall consist of the

8 members of the Tribal Council of the Tribe on the date

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

10 continue to operate in the manner prescribed for the Trib11 al Council under the tribal constitution adopted December

12 18, 1993. Any new members filling vacancies on the In13 terim Council shall meet the membership criteria set forth

14 in section 306(b) and be elected in the same manner as

15 are Tribal Council members under the tribal constitution

16 adopted December 18, 1993.

17 SEC. 308. TRIBAL CONSTITUTION.

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

19 completion of the tribal membership roll under section

20 306(a) and upon the written request of the Interim Coun21 cil, the Secretary shall conduct, by secret ballot, an elec22 tion for the purpose of adopting a constitution and bylaws

23 for the Tribe. The election shall be held according to sec24 tion 16 of the Act of June 18, 1934 (25 U.S.C. 476),
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1 except that absentee balloting shall be permitted regard2 less of voter residence.

3 (b) ELECTION OF TRIBAL OFFICIALS; PROCE4 DURES.—Not later than 120 days after the Tribe adopts

5 a constitution and bylaws under subsection (a), the Sec6 retary shall conduct an election by secret ballot for the

7 purpose of electing tribal officials as provided in such trib8 al constitution. Such election shall be conducted according

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

10 extent that such procedures conflict with the tribal con11 stitution.

12 SEC. 309. GENERAL PROVISION.

13 The Secretary may promulgate such regulations as

14 may be necessary to carry out the provisions of this title.

Passed the House of Representatives October 3,

1994.

Attest:

Clerk.

103D CONGRESS

2D SESSION H. R. 4180

AN ACT

To provide for the annual publication of a list of

purposes.federally recognized Indian tribes, and for other