I

103D CONGRESS

2D SESSION H. R. 5050

To restore Federal recognition to the Paskenta Band of Nomlaki Indians

of California.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 19, 1994

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

A BILL

To restore Federal recognition to the Paskenta Band of

Nomlaki Indians 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 ‘‘Paskenta Band Res5 toration Act’’.

6 SEC. 2. DEFINITIONS.

7 For purposes of this Act:

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

9 Band of Nomlaki Indians of the Paskenta Rancheria

10 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 7.

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

6 who meets the membership criteria under section

7 6(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 5.

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

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

15 SEC. 3. RESTORATION OF FEDERAL RECOGNITION, RIGHTS,

16 AND PRIVILEGES.

17 (a) FEDERAL RECOGNITION.—Federal recognition is

18 hereby extended to the Tribe. Except as otherwise pro19 vided in this Act, 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 Act 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 Act 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 Act, nothing in this Act shall alter
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1 any property right or obligation, any contractual right or

2 obligation, or any obligation for taxes levied.

3 SEC. 4. 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 8, 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 5.

20 SEC. 5. 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 (c) LANDS TO BE NONTAXABLE.—Any real property

12 conveyed or transferred to the Secretary and taken into

13 trust for the benefit of the Tribe under this section shall

14 be exempt from all local, State, and Federal taxation as

15 of the date of such transfer.

16 SEC. 6. MEMBERSHIP ROLLS.

17 (a) COMPILATION OF TRIBAL MEMBERSHIP ROLL.—

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

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

20 compile a membership roll of the Tribe.

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

22 constitution is adopted pursuant to section 8, an individ23 ual shall be placed on the membership roll if such individ24 ual is living, is not an enrolled member of another feder-
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1 ally recognized Indian tribe, is of Nomlaki Indian ances2 try, and if—

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

4 Paskenta Indian Rancheria distribution roll compiled

5 on February 26, 1959, by the Bureau of Indian Af6 fairs and approved by the Secretary of the Interior

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

8 (B) such individual was not listed on the

9 Paskenta Indian Rancheria distribution list, but met

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

11 the Paskenta Indian Rancheria list;

12 (C) such individual is identified as an Indian

13 from Paskenta in any of the official or unofficial

14 rolls of Indians prepared by the Bureau of Indian

15 Affairs; or

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

17 individual, living or dead, identified in subparagraph

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

19 (2) After adoption of a tribal constitution pursuant

20 to section 8, such tribal constitution shall govern member21 ship in the Tribe.

22 (c) CONCLUSIVE PROOF OF PASKENTA INDIAN AN23 CESTRY.—For the purpose of subsection (b), the Secretary

24 shall accept any available evidence establishing Paskenta

25 Indian ancestry. The Secretary shall accept as conclusive
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1 evidence of Paskenta Indian ancestry, information con2 tained in the census of the Indians in and near Paskenta,

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

4 other roll or census of Paskenta Indians prepared by the

5 Bureau of Indian Affairs, and in the Paskenta Indian

6 Rancheria distribution list, compiled by the Bureau of In7 dian Affairs on February 26, 1959.

8 SEC. 7. INTERIM GOVERNMENT.

9 Until a new tribal constitution and bylaws are adopt10 ed and become effective under section 8, the Tribe’s gov11 erning body shall be an Interim Council. The initial mem12 bership of the Interim Council shall consist of the mem13 bers of the Tribal Council of the Tribe on the date of the

14 enactment of this Act, and the Interim Council shall con15 tinue to operate in the manner prescribed for the Tribal

16 Council under the tribal constitution adopted December

17 18, 1993. Any new members filling vacancies on the In18 terim Council shall meet the membership criteria set forth

19 in section 6(b) and be elected in the same manner as are

20 Tribal Council members under the tribal constitution

21 adopted December 18, 1993.

22 SEC. 8. TRIBAL CONSTITUTION.

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

24 completion of the tribal membership roll under section

25 6(a) and upon the written request of the Interim Council,
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1 the Secretary shall conduct, by secret ballot, an election

2 for the purpose of adopting a constitution and bylaws for

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

4 16 of the Act of June 18, 1934 (25 U.S.C. 476), except

5 that absentee balloting shall be permitted regardless of

6 voter residence.

7 (b) ELECTION OF TRIBAL OFFICIALS; PROCE8 DURES.—Not later than 120 days after the Tribe adopts

9 a constitution and bylaws under subsection (a), the Sec10 retary shall conduct an election by secret ballot for the

11 purpose of electing tribal officials as provided in such trib12 al constitution. Such election shall be conducted according

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

14 extent that such procedures conflict with the tribal con15 stitution.

16 SEC. 9. GENERAL PROVISION.

17 The Secretary may promulgate such regulations as

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

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