I

103D CONGRESS

1ST SESSION H. R. 923

To provide Federal recognition of the Mowa Band of Choctaw Indians of

Alabama.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 17, 1993

Mr. CALLAHAN introduced the following bill; which was referred to the

Committee on Natural Resources

A BILL

To provide Federal recognition of the Mowa Band of

Choctaw Indians of Alabama.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SHORT TITLE

4 SECTION 1. This Act may be cited as the ‘‘Mowa

5 Band of Choctaw Indians Recognition Act’’.

6 FEDERAL RECOGNITION

7 SEC. 2. Federal recognition is hereby extended to the

8 Mowa Band of Choctaw Indians of Alabama. All Federal

9 laws of general application to Indians and Indian tribes

10 shall apply with respect to the Mowa Band of Choctaw

11 Indians of Alabama.
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1 RESTORATION OF RIGHTS

2 SEC. 3. (a) All rights and privileges of the Mowa

3 Band of Choctaw Indians which may have been abrogated

4 or diminished before the date of enactment of this Act by

5 reason of any provision of Federal law that terminated

6 Federal recognition of the Mowa Band of Choctaw Indians

7 of Alabama are hereby restored and such Federal law shall

8 no longer apply with respect to the Band or the members

9 of the Band.

10 (b) Under the treaties entered into by the ancestors

11 of the Mowa Band of Choctaws, all historical tribal lands

12 were ceded to the United States. Congress does hereby ap13 prove and ratify such cession effective as of the date of

14 the said cession and said cession shall be regarded as an

15 extinguishment of all interest of the Mowa Band of Choc16 taws, if any, in said lands as of the date of the cession.

17 By virtue of the approval and ratification of the cession

18 of said lands, all claims against the United States, any

19 State or subdivision thereof, or any other person or entity,

20 by the Mowa Band of Choctaws, including but not limited

21 to, claims for trespass damages or claims for use and occu22 pancy, arising subsequent to the cession and that are

23 based upon any interest in or right involving such land,

24 shall be regarded as extinguished as of the date of the

25 cession.
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1 (c) The Mowa Band of Choctaws has no historical

2 land claim and cannot, and shall not utilize its Federal

3 recognition as provided by this Act to assert any historical

4 land claim. As used herein, ‘‘historical land claim’’ means

5 a claim to land based upon a contention that the Mowa

6 Band of Choctaws, or its ancestors, were the native inhab7 itants of such land or based upon the Mowa Band of Choc8 taws’ status as native Americans or based upon the Mowa

9 Band of Choctaws’ Federal recognition as provided by this

10 Act.

11 (d) Except as otherwise specifically provided in sec12 tion 4 or any other provision of this Act, nothing in this

13 Act may be construed as altering or affecting—

14 (1) any rights or obligations with respect to

15 property,

16 (2) any rights or obligations under any con17 tract, or

18 (3) any obligation to pay a tax levied before the

19 date of enactment of this Act.

20 LANDS

21 SEC. 4. (a) All legal rights, title, and interests in

22 lands that are held by the Mowa Band of Choctaw Indians

23 of Alabama on the date of enactment of this Act are here24 by transferred to the United States in trust for the use

25 and benefit of the Mowa Band of Choctaw Indians of Ala26 bama.
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1 (b)(1) Notwithstanding any other provision of law,

2 the Mowa Band of Choctaw Indians of Alabama shall

3 transfer to the Secretary of the Interior, and the Secretary

4 of the Interior shall accept on behalf of the United States,

5 any interest in lands acquired by such Band after the date

6 of enactment of this Act. Such lands shall be held by the

7 United States in trust for the benefit of the Mowa Band

8 of Choctaw Indians of Alabama.

9 (2) Notwithstanding any other provision of law, the

10 Attorney General of the United States shall approve any

11 deed or other instrument used to make a conveyance

12 under paragraph (1).

13 (c) Any lands held in trust by the United States for

14 the benefit of the Mowa Band of Choctaw Indians of Ala15 bama by reason of this section shall constitute the reserva16 tion of such Band.

17 (d) The Congress finds that the provisions of this sec18 tion are enacted at the request of the Mowa Band of Choc19 taw Indians of Alabama and are in the best interests of

20 such Band.

21 SERVICES

22 SEC. 5. The Mowa Band of Choctaw Indians of Ala23 bama, and the members of such Band, shall be eligible

24 for all services and benefits that are provided by the Fed25 eral Government to Indians because of their status as fed26 erally recognized Indians and, notwithstanding any other
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1 provision of law, such services and benefits shall be pro2 vided after the date of enactment of this Act to the Band,

3 and to the members of the Band, without regard to the

4 existence of a reservation for the Band or the location of

5 the residence of any member of the Band on or near any

6 Indian reservation.

7 CONSTITUTION AND BYLAWS

8 SEC. 6. (a) The Mowa Band of Choctaw Indians of

9 Alabama may organize for its common welfare and adopt

10 a constitution and bylaws in accordance with regulations

11 prescribed by the Secretary of the Interior. The Secretary

12 of the Interior shall offer to assist the Band in drafting

13 a constitution and bylaws for the Band.

14 (b) Any constitution, bylaws, or amendments to the

15 constitution or bylaws that are adopted by the Mowa Band

16 of Choctaw Indians of Alabama shall take effect only after

17 such constitution, bylaws, or amendments are filed with

18 the Secretary of the Interior.

19 MEMBERSHIP

20 SEC. 7. (a) Until a constitution for the Mowa Band

21 of Choctaw Indians of Alabama is adopted, the member22 ship of the Band shall consist of every individual who—

23 (1) is named in the tribal membership roll that

24 is in effect on the date of enactment of this Act, or

25 (2) is a descendant of any individual described

26 in paragraph (1).
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1 (b) After the adoption of a constitution by the Mowa

2 Band of Choctaw Indians of Alabama, the membership of

3 the Band shall be determined in accordance with the terms

4 of such constitution or any bylaws adopted under such

5 constitution.

6 REGULATIONS

7 SEC. 8. The Secretary of the Interior shall prescribe

8 such regulations as may be necessary to carry out the pur9 poses of this Act.

Æ