Union Calendar No. 338

103D CONGRESS

2D SESSION H. R. 4228

[Report No. 103–619]

A BILL

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

JULY 25, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 338

103D CONGRESS

2D SESSION H. R. 4228

[Report No. 103–619]

To extend Federal recognition to the United Auburn Indian Community

of the Auburn Rancheria of California.

IN THE HOUSE OF REPRESENTATIVES

APRIL 14, 1994

Mr. MILLER of California (for himself, Mr. DOOLITTLE, and Mr. RICHARDSON) introduced the following bill; which was referred to the Committee

on Natural Resources

JULY 25, 1994

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

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

[For text of introduced bill, see copy of bill as introduced on April 14, 1994]

A BILL

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Auburn Indian Restora3 tion Act’’.

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

5 AND PRIVILEGES.

6 (a) FEDERAL RECOGNITION.—Notwithstanding any

7 other provision of law, Federal recognition is hereby ex8 tended to the Tribe. Except as otherwise provided in this

9 Act, all laws and regulations of general application to Indi10 ans or nations, tribes, or bands of Indians that are not in11 consistent with any specific provision of this Act shall be

12 applicable to the Tribe and its members.

13 (b) RESTORATION OF RIGHTS AND PRIVILEGES.—Ex14 cept as provided in subsection (d), all rights and privileges

15 of the Tribe and its members under any Federal treaty, Ex16 ecutive order, agreement, or statute, or under any other au17 thority which were diminished or lost under the Act of Au18 gust 18, 1958 (Public Law 85–671), are hereby restored and

19 the provisions of such Act shall be inapplicable to the Tribe

20 and its members after the date of enactment of this Act.

21 (c) FEDERAL SERVICES AND BENEFITS.—Notwith22 standing any other provision of law and without regard

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

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

25 Act, for all Federal services and benefits furnished to feder26 ally recognized Indian tribes or their members. In the case
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1 of Federal services available to members of federally recog2 nized Indian tribes residing on a reservation, members of

3 the Tribe residing in the Tribe’s service area shall be deemed

4 to be residing on a reservation.

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

6 RIGHTS.—Nothing in this Act shall expand, reduce, or af7 fect in any manner any hunting, fishing, trapping, gather8 ing, or water right of the Tribe and its members.

9 (e) INDIAN REORGANIZATION ACT APPLICABILITY.—

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

11 applicable to the Tribe and its members.

12 (f) CERTAIN RIGHTS NOT ALTERED.—Except as spe13 cifically provided in this Act, nothing in this Act shall alter

14 any property right or obligation, any contractual right or

15 obligation, or any obligation for taxes levied.

16 SEC. 3. ECONOMIC DEVELOPMENT.

17 (a) PLAN FOR ECONOMIC DEVELOPMENT.—The Sec18 retary shall—

19 (1) enter into negotiations with the governing

20 body of the Tribe with respect to establishing a plan

21 for economic development for the Tribe;

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

23 than 2 years after the adoption of a tribal constitu24 tion as provided in section 7, develop such a plan;

25 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 other12 wise transferred to the Secretary if, at the time of such con13 veyance or transfer, there are no adverse legal claims on

14 such property, including outstanding liens, mortgages, or

15 taxes owed. The Secretary may accept any additional acre16 age in the Tribe’s service area pursuant to the authority

17 of the Secretary under the Act of June 18, 1934 (25 U.S.C.

18 461 et seq.).

19 (b) FORMER TRUST LANDS OF THE AUBURN

20 RANCHERIA.—Subject to the conditions specified in this sec21 tion, real property eligible for trust status under this section

22 shall include fee land held by the White Oak Ridge Associa23 tion, Indian owned fee land held communally pursuant to

24 the distribution plan prepared and approved by the Bureau

25 of Indian Affairs on August 13, 1959, and Indian owned
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1 fee land held by persons listed as distributees or dependent

2 members in such distribution plan or such distributees’ or

3 dependent members’ Indian heirs or successors in interest.

4 (c) LANDS TO BE PART OF THE RESERVATION.—Sub5 ject to the conditions imposed by this section, any real prop6 erty conveyed or transferred under this section shall be

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

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

9 shall be part of the Tribe’s reservation.

10 SEC. 5. MEMBERSHIP ROLLS.

11 (a) COMPILATION OF TRIBAL MEMBERSHIP ROLL.—

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

13 the Secretary shall, after consultation with the Tribe, com14 pile a membership roll of the Tribe.

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

16 constitution is adopted pursuant to section 7, an individual

17 shall be placed on the membership roll if the individual is

18 living, is not an enrolled member of another federally recog19 nized Indian tribe, is of United Auburn Indian Community

20 ancestry, possesses at least one-eighth or more of Indian

21 blood quantum, and if—

22 (A) the individual’s name was listed on the Au23 burn Indian Rancheria distribution roll compiled

24 and approved by the Bureau of Indian Affairs on Au25 gust 13, 1959, pursuant to Public Law 85–671;
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1 (B) the individual was not listed on, but met the

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

3 Auburn Indian Rancheria distribution list compiled

4 and approved by the Bureau of Indian Affairs on Au5 gust 13, 1959, pursuant to Public Law 85–671; or

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

7 individual, living or dead, identified in subparagraph

8 (A) or (B).

9 (2) After adoption of a tribal constitution pursuant

10 to section 7, such tribal constitution shall govern member11 ship in the Tribe, except that in addition to meeting any

12 other criteria imposed in such tribal constitution, any per13 son added to the membership roll shall be of United Auburn

14 Indian Community ancestry and shall not be an enrolled

15 member of another federally recognized Indian tribe.

16 (c) CONCLUSIVE PROOF OF UNITED AUBURN INDIAN

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

18 the Secretary shall accept any available evidence establish19 ing United Auburn Indian Community ancestry. The Sec20 retary shall accept as conclusive evidence of United Auburn

21 Indian Community ancestry information contained in the

22 Auburn Indian Rancheria distribution list compiled by the

23 Bureau of Indian Affairs on August 13, 1959.
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1 SEC. 6. INTERIM GOVERNMENT.

2 Until a new tribal constitution and bylaws are adopt3 ed and become effective under section 7, the Tribe’s govern4 ing body shall be an Interim Council. The initial member5 ship of the Interim Council shall consist of the members

6 of the Executive Council of the Tribe on the date of the en7 actment of this Act, and the Interim Council shall continue

8 to operate in the manner prescribed for the Executive Coun9 cil under the tribal constitution adopted July 20, 1991, as

10 long as such constitution is not contrary to Federal law.

11 Any new members filling vacancies on the Interim council

12 shall meet the enrollment criteria set forth in section 5(b)

13 and be elected in the same manner as are Executive Council

14 members under the tribal constitution adopted July 20,

15 1991.

16 SEC. 7. TRIBAL CONSTITUTION.

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

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

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

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

21 purpose of adopting a constitution and bylaws for the

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

23 the Act of June 18, 1934 (25 U.S.C. 476), except that absen24 tee balloting shall be permitted regardless of voter residence.

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

26 Not later than 120 days after the Tribe adopts a constitu-
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1 tion and bylaws under subsection (a), the Secretary shall

2 conduct an election by secret ballot for the purpose of elect3 ing tribal officials as provided in such tribal constitution.

4 Such election shall be conducted according to the procedures

5 specified in subsection (a) except to the extent that such pro6 cedures conflict with the tribal constitution.

7 SEC. 8. DEFINITIONS.

8 For purposes of this Act:

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

10 Indian Community of the Auburn Rancheria of Cali11 fornia.

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

13 the Interior.

14 (3) The term ‘‘Interim Council’’ means the gov15 erning body of the Tribe specified in section 6.

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

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

18 (5) The term ‘‘State’’ means the State of Califor19 nia.

20 (6) The term ‘‘reservation’’ means those lands ac21 quired and held in trust by the Secretary for the bene22 fit of the Tribe pursuant to section 4.

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

24 of Placer, Nevada, Yuba, Sutter, El Dorado, and Sac25 ramento, in the State of California.
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1 SEC. 9. REGULATIONS.

2 The Secretary may promulgate such regulations as

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