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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5050 Reported in House (RH)]

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

                                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Paskenta Band Restoration Act''.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Tribe'' means the Paskenta Band of Nomlaki 
        Indians of the Paskenta Rancheria of California.
            (2) The term ``Secretary'' means the Secretary of the 
        Interior.
            (3) The term ``Interim Council'' means the governing body 
        of the Tribe specified in section 7.
            (4) The term ``member'' means an individual who meets the 
        membership criteria under section 6(b).
            (5) The term ``State'' means the State of California.
            (6) The term ``reservation'' means those lands acquired and 
        held in trust by the Secretary for the benefit of the Tribe 
        pursuant to section 5.
            (7) The term ``service area'' means the counties of Tehama 
        and Glenn, in the State of California.

SEC. 3. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES.

    (a) Federal Recognition.--Federal recognition is hereby extended to 
the Tribe. Except as otherwise provided in this Act, all laws and 
regulations of general application to Indians and nations, tribes, or 
bands of Indians that are not inconsistent with any specific provision 
of this Act shall be applicable to the Tribe and its members.
    (b) Restoration of Rights and Privileges.--Except as provided in 
subsection (d), all rights and privileges of the Tribe and its members 
under any Federal treaty, Executive order, agreement, or statute, or 
under any other authority which were diminished or lost under the Act 
of August 18, 1958 (Public Law 85-671; 72 Stat. 619), are hereby 
restored and the provisions of such Act shall be inapplicable to the 
Tribe and its members after the date of enactment of this Act.
    (c) Federal Services and Benefits.--Without regard to the existence 
of a reservation, the Tribe and its members shall be eligible, on and 
after the date of enactment of this Act, for all Federal services and 
benefits furnished to federally recognized Indian tribes or their 
members. In the case of Federal services available to members of 
federally recognized Indian tribes residing on a reservation, members 
of the Tribe residing in the Tribe's service area shall be deemed to be 
residing on a reservation.
    (d) Hunting, Fishing, Trapping, and Water Rights.--Nothing in this 
Act shall expand, reduce, or affect in any manner any hunting, fishing, 
trapping, gathering, or water right of the Tribe and its members.
    (e) Indian Reorganization Act Applicability.--The Act of June 18, 
1934 (25 U.S.C. 461 et seq.), shall be applicable to the Tribe and its 
members.
    (f) Certain Rights Not Altered.--Except as specifically provided in 
this Act, nothing in this Act shall alter any property right or 
obligation, any contractual right or obligation, or any obligation for 
taxes levied.

SEC. 4. ECONOMIC DEVELOPMENT.

    (a) Plan for Economic Development.--The Secretary shall--
            (1) enter into negotiations with the governing body of the 
        Tribe with respect to establishing a plan for economic 
        development for the Tribe;
            (2) in accordance with this section and not later than two 
        years after the adoption of a tribal constitution as provided 
        in section 8, develop such a plan; and
            (3) upon the approval of such plan by the governing body of 
        the Tribe, submit such plan to the Congress.
    (b) Restrictions.--Any proposed transfer of real property contained 
in the plan developed by the Secretary under subsection (a) shall be 
consistent with the requirements of section 5.

SEC. 5. TRANSFER OF LAND TO BE HELD IN TRUST.

    (a) Lands To Be Taken in Trust.--The Secretary shall accept any 
real property located in Tehama County, California, for the benefit of 
the Tribe if conveyed or otherwise transferred to the Secretary if, at 
the time of such conveyance or transfer, there are no adverse legal 
claims to such property, including outstanding liens, mortgages, or 
taxes owned. The Secretary may accept any additional acreage in the 
Tribe's service area pursuant to the authority of the Secretary under 
the Act of June 18, 1934 (25 U.S.C. 461 et seq.).
    (b) Lands To Be Part of the Reservation.--Subject to the conditions 
imposed by this section, any real property conveyed or transferred 
under this section shall be taken in the name of the United States in 
trust for the Tribe and shall be part of the Tribe's reservation.
    -(-c-) -L-a-n-d-s -T-o -B-e -N-o-n-t-a-x-a-b-l-e-.----A-n-y 
-r-e-a-l -p-r-o-p-e-r-t-y -c-o-n-v-e-y-e-d -o-r -t-r-a-n-s-f-e-r-r-e-d 
-t-o -t-h-e -S-e-c-r-e-t-a-r-y -a-n-d -t-a-k-e-n -i-n-t-o -t-r-u-s-t 
-f-o-r -t-h-e -b-e-n-e-f-i-t -o-f -t-h-e -T-r-i-b-e -u-n-d-e-r -t-h-i-s 
-s-e-c-t-i-o-n -s-h-a-l-l -b-e -e-x-e-m-p-t -f-r-o-m -a-l-l 
-l-o-c-a-l-, -S-t-a-t-e-, -a-n-d -F-e-d-e-r-a-l -t-a-x-a-t-i-o-n -a-s 
-o-f -t-h-e -d-a-t-e -o-f -s-u-c-h -t-r-a-n-s-f-e-r-.

SEC. 6. MEMBERSHIP ROLLS.

    (a) Compilation of Tribal Membership Roll.--Within one year after 
the date of the enactment of this Act, the Secretary shall, after 
consultation with the Tribe, compile a membership roll of the Tribe.
    (b) Criteria for Membership.--(1) Until a tribal constitution is 
adopted pursuant to section 8, an individual shall be placed on the 
membership roll if such individual is living, is not an enrolled member 
of another federally recognized Indian tribe, is of Nomlaki Indian 
ancestry, and if--
            (A) such individual's name was listed on the Paskenta 
        Indian Rancheria distribution roll compiled on February 26, 
        1959, by the Bureau of Indian Affairs and approved by the 
        Secretary of the Interior on July 7, 1959, pursuant to Public 
        Law 85-671;
            (B) such individual was not listed on the Paskenta Indian 
        Rancheria distribution list, but met the requirements that had 
        to be met to be listed on the Paskenta Indian Rancheria list;
            (C) such individual is identified as an Indian from 
        Paskenta in any of the official or unofficial rolls of Indians 
        prepared by the Bureau of Indian Affairs; or
            (D) such individual is a lineal descendant of an 
        individual, living or dead, identified in subparagraph (A), 
        (B), or (C).
    (2) After adoption of a tribal constitution pursuant to section 8, 
such tribal constitution shall govern membership in the Tribe.
    (c) Conclusive Proof of Paskenta Indian Ancestry.--For the purpose 
of subsection (b), the Secretary shall accept any available evidence 
establishing Paskenta Indian ancestry. The Secretary shall accept as 
conclusive evidence of Paskenta Indian ancestry, information contained 
in the census of the Indians in and near Paskenta, prepared by Special 
Indian Agent John J. Terrell, in any other roll or census of Paskenta 
Indians prepared by the Bureau of Indian Affairs, and in the Paskenta 
Indian Rancheria distribution list, compiled by the Bureau of Indian 
Affairs on February 26, 1959.

SEC. 7. INTERIM GOVERNMENT.

    Until a new tribal constitution and bylaws are adopted and become 
effective under section 8, the Tribe's governing body shall be an 
Interim Council. The initial membership of the Interim Council shall 
consist of the members of the Tribal Council of the Tribe on the date 
of the enactment of this Act, and the Interim Council shall continue to 
operate in the manner prescribed for the Tribal Council under the 
tribal constitution adopted December 18, 1993. Any new members filling 
vacancies on the Interim Council shall meet the membership criteria set 
forth in section 6(b) and be elected in the same manner as are Tribal 
Council members under the tribal constitution adopted December 18, 
1993.

SEC. 8. TRIBAL CONSTITUTION.

    (a) Election; Time and Procedure.--Upon the completion of the 
tribal membership roll under section 6(a) and upon the written request 
of the Interim Council, the Secretary shall conduct, by secret ballot, 
an election for the purpose of adopting a constitution and bylaws for 
the Tribe. The election shall be held according to section 16 of the 
Act of June 18, 1934 (25 U.S.C. 476), except that absentee balloting 
shall be permitted regardless of voter residence.
    (b) Election of Tribal Officials; Procedures.--Not later than 120 
days after the Tribe adopts a constitution and bylaws under subsection 
(a), the Secretary shall conduct an election by secret ballot for the 
purpose of electing tribal officials as provided in such tribal 
constitution. Such election shall be conducted according to the 
procedures specified in subsection (a) except to the extent that such 
procedures conflict with the tribal constitution.

SEC. 9. GENERAL PROVISION.

    The Secretary may promulgate such regulations as may be necessary 
to carry out the provisions of this Act.
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