Union Calendar No. 447

103D CONGRESS

2D SESSION H. R. 5050

[Report No. 103–801]

A BILL

To restore Federal recognition to the Paskenta

Band of Nomlaki Indians of California.

OCTOBER 3, 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. 447

103D CONGRESS

2D SESSION H. R. 5050

[Report No. 103–801]

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

OCTOBER 3, 1994

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

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

[Omit the part struck through]

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’’.
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1 SEC. 2. DEFINITIONS.

2 For purposes of this Act:

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

4 Band of Nomlaki Indians of the Paskenta Rancheria

5 of California.

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

7 of the Interior.

8 (3) The term ‘‘Interim Council’’ means the gov9 erning body of the Tribe specified in section 7.

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

11 who meets the membership criteria under section

12 6(b).

13 (5) The term ‘‘State’’ means the State of Cali14 fornia.

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

16 acquired and held in trust by the Secretary for the

17 benefit of the Tribe pursuant to section 5.

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

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

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

21 AND PRIVILEGES.

22 (a) FEDERAL RECOGNITION.—Federal recognition is

23 hereby extended to the Tribe. Except as otherwise pro24 vided in this Act, all laws and regulations of general appli25 cation to Indians and nations, tribes, or bands of Indians
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1 that are not inconsistent with any specific provision of this

2 Act shall be applicable to the Tribe and its members.

3 (b) RESTORATION OF RIGHTS AND PRIVILEGES.—

4 Except as provided in subsection (d), all rights and privi5 leges of the Tribe and its members under any Federal

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

7 any other authority which were diminished or lost under

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

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

10 shall be inapplicable to the Tribe and its members after

11 the date of enactment of this Act.

12 (c) FEDERAL SERVICES AND BENEFITS.—Without

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

14 members shall be eligible, on and after the date of enact15 ment of this Act, for all Federal services and benefits fur16 nished to federally recognized Indian tribes or their mem17 bers. In the case of Federal services available to members

18 of federally recognized Indian tribes residing on a reserva19 tion, members of the Tribe residing in the Tribe’s service

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

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

22 RIGHTS.—Nothing in this Act shall expand, reduce, or af23 fect in any manner any hunting, fishing, trapping, gather24 ing, or water right of the Tribe and its members.
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1 (e) INDIAN REORGANIZATION ACT APPLICABILITY.—

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

3 be applicable to the Tribe and its members.

4 (f) CERTAIN RIGHTS NOT ALTERED.—Except as spe5 cifically provided in this Act, nothing in this Act shall alter

6 any property right or obligation, any contractual right or

7 obligation, or any obligation for taxes levied.

8 SEC. 4. ECONOMIC DEVELOPMENT.

9 (a) PLAN FOR ECONOMIC DEVELOPMENT.—The Sec10 retary shall—

11 (1) enter into negotiations with the governing

12 body of the Tribe with respect to establishing a plan

13 for economic development for the Tribe;

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

15 than two years after the adoption of a tribal con16 stitution as provided in section 8, develop such a

17 plan; and

18 (3) upon the approval of such plan by the gov19 erning body of the Tribe, submit such plan to the

20 Congress.

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

22 property contained in the plan developed by the Secretary

23 under subsection (a) shall be consistent with the require24 ments of section 5.
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1 SEC. 5. 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 Tehama County,

4 California, for the benefit of the Tribe if conveyed or oth5 erwise transferred to the Secretary if, at the time of such

6 conveyance or transfer, there are no adverse legal claims

7 to such property, including outstanding liens, mortgages,

8 or taxes owned. The Secretary may accept any additional

9 acreage in the Tribe’s service area pursuant to the author10 ity of the Secretary under the Act of June 18, 1934 (25

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

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

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

14 property conveyed or transferred under this section shall

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

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

17 (c) LANDS TO BE NONTAXABLE.—Any real property

18 conveyed or transferred to the Secretary and taken into

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

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

21 of the date of such transfer.

22 SEC. 6. MEMBERSHIP ROLLS.

23 (a) COMPILATION OF TRIBAL MEMBERSHIP ROLL.—

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

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

26 compile a membership roll of the Tribe.
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1 (b) CRITERIA FOR MEMBERSHIP.—(1) Until a tribal

2 constitution is adopted pursuant to section 8, an individ3 ual shall be placed on the membership roll if such individ4 ual is living, is not an enrolled member of another feder5 ally recognized Indian tribe, is of Nomlaki Indian ances6 try, and if—

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

8 Paskenta Indian Rancheria distribution roll compiled

9 on February 26, 1959, by the Bureau of Indian Af10 fairs and approved by the Secretary of the Interior

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

12 (B) such individual was not listed on the

13 Paskenta Indian Rancheria distribution list, but met

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

15 the Paskenta Indian Rancheria list;

16 (C) such individual is identified as an Indian

17 from Paskenta in any of the official or unofficial

18 rolls of Indians prepared by the Bureau of Indian

19 Affairs; or

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

21 individual, living or dead, identified in subparagraph

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

23 (2) After adoption of a tribal constitution pursuant

24 to section 8, such tribal constitution shall govern member25 ship in the Tribe.
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1 (c) CONCLUSIVE PROOF OF PASKENTA INDIAN AN2 CESTRY.—For the purpose of subsection (b), the Secretary

3 shall accept any available evidence establishing Paskenta

4 Indian ancestry. The Secretary shall accept as conclusive

5 evidence of Paskenta Indian ancestry, information con6 tained in the census of the Indians in and near Paskenta,

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

8 other roll or census of Paskenta Indians prepared by the

9 Bureau of Indian Affairs, and in the Paskenta Indian

10 Rancheria distribution list, compiled by the Bureau of In11 dian Affairs on February 26, 1959.

12 SEC. 7. INTERIM GOVERNMENT.

13 Until a new tribal constitution and bylaws are adopt14 ed and become effective under section 8, the Tribe’s gov15 erning body shall be an Interim Council. The initial mem16 bership of the Interim Council shall consist of the mem17 bers of the Tribal Council of the Tribe on the date of the

18 enactment of this Act, and the Interim Council shall con19 tinue to operate in the manner prescribed for the Tribal

20 Council under the tribal constitution adopted December

21 18, 1993. Any new members filling vacancies on the In22 terim Council shall meet the membership criteria set forth

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

24 Tribal Council members under the tribal constitution

25 adopted December 18, 1993.
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1 SEC. 8. TRIBAL CONSTITUTION.

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

3 completion of the tribal membership roll under section

4 6(a) and upon the written request of the Interim Council,

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

6 for the purpose of adopting a constitution and bylaws for

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

8 16 of the Act of June 18, 1934 (25 U.S.C. 476), except

9 that absentee balloting shall be permitted regardless of

10 voter residence.

11 (b) ELECTION OF TRIBAL OFFICIALS; PROCE12 DURES.—Not later than 120 days after the Tribe adopts

13 a constitution and bylaws under subsection (a), the Sec14 retary shall conduct an election by secret ballot for the

15 purpose of electing tribal officials as provided in such trib16 al constitution. Such election shall be conducted according

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

18 extent that such procedures conflict with the tribal con19 stitution.

20 SEC. 9. GENERAL PROVISION.

21 The Secretary may promulgate such regulations as

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