Calendar No. 168

103D CONGRESS

1ST SESSION S. 1078

[Report No. 103–116]

A BILL

To confirm the Federal relationship with the Jena

Band of Choctaw Indians of Louisiana.

JULY 29 (legislative day, JUNE 30), 1993

Reported without amendment
II

Calendar No. 168

103D CONGRESS

1ST SESSION S. 1078

[Report No. 103–116]

To confirm the Federal relationship with the Jena Band of Choctaw Indians

of Louisiana.

IN THE SENATE OF THE UNITED STATES

JUNE 7, 1993

Mr. JOHNSTON (for himself and Mr. BREAUX) introduced the following bill;

which was read twice and referred to the Committee on Indian Affairs

JULY 29 (legislative day, JUNE 30), 1993

Reported by Mr. INOUYE, without amendment

A BILL

To confirm the Federal relationship with the Jena Band

of Choctaw Indians of Louisiana.

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 ‘‘Jena Band of Choctaw

5 Indians of Louisiana Confirmation Act’’.
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1 SEC. 2. FINDINGS.

2 The Congress makes the following findings:

3 (1) In 1903 and 1904, after presenting testi4 mony before the Dawes Commission, ancestors of

5 the Jena Band of Choctaw were identified as

6 ‘‘Fullblood Mississippi Choctaw Indians’’.

7 (2) More than 60 percent of the membership on

8 the Jena Band of Choctaw roll dated December 1,

9 1984, and later submitted to the Assistant Sec10 retary, Indian Affairs, on May 2, 1985, can docu11 ment possessing one-half or more Choctaw Indian

12 blood quantum based on descent from individuals

13 listed as ‘‘Mississippi Choctaw’’ by the Dawes Com14 mission or as ‘‘Choctaw’’ on the Indian Schedules of

15 the 1900 Federal Population Census.

16 (3) High blood degree such as that dem17 onstrated and documented by the Jena Band of

18 Choctaw, although not a requirement for maintain19 ing a Federal tribal relationship provides exceptional

20 evidence which supports confirmation of that rela21 tionship outside the normal administrative process,

22 because a group cannot maintain a high blood de23 gree without a continuity of close and significant so24 cial relationships which in themselves demonstrate

25 distinct social community.
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1 (4) The Jena Band of Choctaw has retained a

2 distinct dialect of the Choctaw language on a contin3 uous basis since historic times, thus, providing sup4 porting evidence that the Jena Band has maintained

5 itself as a separate and distinct historic band of

6 Choctaw.

7 (5) The Jena Band’s Choctaw ancestors resided

8 in close proximity in historic Catahoula Parish, the

9 predecessor to modern Catahoula and La Salle Par10 ishes, according to the 1880, 1900 and 1910 Fed11 eral population censuses; Federal documents place

12 the members of the Tribe in this same area in the

13 1930’s and 1950’s; 72 percent of the Tribe’s current

14 membership still resides in La Salle, and neighbor15 ing Grant and Rapides Parishes, thus providing sup16 porting evidence for continuity of membership and

17 location.

18 (6) The Jena Band of Choctaw can document

19 and identify traditional leaders by name from 1850

20 to 1968 and elected leaders from 1974 to the

21 present, which in the historical context of their com22 munity provides supporting evidence for continuity

23 of political influence.

24 (7) Confirmation of the Federal relationship

25 with the Tribe is supported by all the federally rec-
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1 ognized tribes in Louisiana and by the Mississippi

2 Band of Choctaw Indians.

3 SEC. 3. DEFINITIONS.

4 For purposes of this Act:

5 (1) The term ‘‘Tribe’’ means the Jena Band of

6 Choctaw Indians of Louisiana.

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

8 of the Interior.

9 (3) The term ‘‘Interim Council’’ means the

10 Board of Directors of the Jena Band of Choctaw In11 dians of Louisiana.

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

13 who is enrolled on the membership roll of the Tribe.

14 (5) The term ‘‘State’’ means the State of

15 Louisiana.

16 SEC. 4. CONFIRMATION OF FEDERAL RELATIONSHIP.

17 Federal Recognition as a Tribe is hereby confirmed

18 with regard to the Jena Band of Choctaw Indians of Lou19 isiana. All Federal laws of general application to Indians

20 and Indian tribes, including the Act of June 18, 1934 (48

21 Stat. 984; 25 U.S.C. 461 et seq.), popularly known as the

22 ‘‘Indian Reorganization Act’’, shall apply with respect to

23 the Tribe and to the members.
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1 SEC. 5. RECOGNITION OF RIGHTS.

2 (a) EXISTING RIGHTS OF TRIBE.—Nothing in this

3 Act may be construed to diminish any rights or privileges

4 of the Tribe, or of its members, that existed prior to the

5 date of the enactment of this Act.

6 (b) EXISTING RIGHTS AND OBLIGATIONS.—Except

7 as otherwise specifically provided in this Act, nothing in

8 this Act may be construed as altering or affecting—

9 (1) any rights or obligations with respect to

10 property,

11 (2) any rights or obligations under any con12 tract,

13 (3) any hunting, fishing, trapping, gathering, or

14 water rights of the Tribe or its members, or

15 (4) any obligation to pay a tax levied before the

16 date of enactment of this Act.

17 SEC. 6. FEDERAL SERVICES AND BENEFITS.

18 Notwithstanding any other provision of law, and

19 without regard to the existence of a reservation, the Tribe

20 and its members shall be eligible, on and after the date

21 of enactment of this Act, for all Federal services and bene22 fits furnished to federally recognized Indian tribes or their

23 members. In the case of Federal services available to mem24 bers of federally recognized tribes residing on a reserva25 tion, members of the Jena Band of Choctaw Indians of

26 Louisiana residing in La Salle, Rapides, and Grant Par-
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1 ishes, Louisiana, shall be deemed to be residing on a res2 ervation. Notwithstanding any other provision of law, the

3 Tribe shall be considered an Indian tribe for the purpose

4 of the Indian Tribal Government Tax Status Act (26

5 U.S.C. 7871).

6 SEC. 7. ECONOMIC DEVELOPMENT.

7 (a) PLAN FOR ECONOMIC DEVELOPMENT.—The Sec8 retary shall—

9 (1) enter into negotiations with the governing

10 body of the Tribe with respect to establishing a plan

11 for economic development for this Tribe;

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

13 than 2 years after the adoption of a tribal constitu14 tion as provided in section 10, develop such a plan;

15 and

16 (3) upon the approval of such plan by the gov17 erning body of the Tribe, submit such plan to the

18 Congress.

19 (b) RESTRICTIONS TO BE CONTAINED IN PLAN.—

20 Any proposed transfer of real property contained in the

21 plan developed by the Secretary under subsection (a) shall

22 be consistent with the requirements of section 11 of this

23 Act.
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1 SEC. 8. INTERIM GOVERNMENT.

2 Until such time as a constitution for the Tribe is

3 adopted in accordance with section 10(a), the Tribe shall

4 be governed by the Interim Council.

5 SEC. 9. MEMBERSHIP.

6 (a) BASE ROLL.—The Jena Band of Choctaw mem7 bership list dated December 1, 1984, and submitted to

8 the Assistant Secretary, Indian Affairs, on May 2, 1985,

9 shall constitute the base roll of the Tribe subject to the

10 review and approval of the Secretary.

11 (b) ELIGIBILITY.—(1) Until a tribal constitution is

12 adopted, a person shall be placed on the Jena membership

13 roll, if the individual is living, possesses at least one-fourth

14 or more Choctaw Indian blood quantum derived directly

15 from those Choctaw who lived in the historic Catahoula

16 Parish, and is not an enrolled member of another federally

17 recognized tribe, and if—

18 (A) that individual’s name is listed on the Jena

19 Band of Choctaw membership list dated December

20 1, 1984, submitted to the Assistant Secretary, In21 dian Affairs, on May 2, 1985;

22 (B) that individual is not listed on but meets

23 the requirements established by the Jena Band of

24 Choctaw Indians of Louisiana in its Articles of In25 corporation, filed and recorded in the State of Lou26 isiana on May 22, 1974, which had to be met to be
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1 included on the Jena Band’s list dated December 1,

2 1984; or

3 (C) that individual is a lineal descendant of an

4 individual, living or dead, identified by subparagraph

5 (A) or (B).

6 (2) After adoption of a tribal constitution, such con7 stitution shall govern membership in the Tribe. In addi8 tion to meeting any other criteria imposed in such tribal

9 constitution, any person added to the roll must be of Choc10 taw ancestry derived directly from those Choctaw who

11 lived in the historic Catahoula Parish and cannot be a

12 member of another federally recognized Indian tribe.

13 SEC. 10. TRIBE CONSTITUTION.

14 (a) IN GENERAL.—Upon the written request of the

15 Interim Council, the Secretary shall conduct, by secret bal16 lot, an election to adopt a constitution for the Tribe which

17 is consistent with this Act. Such constitution shall be sub18 mitted by the Interim Council to the Secretary no later

19 than 1 year following the date of enactment of this Act.

20 Absentee balloting shall be permitted regardless of voter

21 residence. The election shall be conducted in accordance

22 with section 16 of the Act of June 18, 1934 (48 Stat.

23 987; 25 U.S.C. 476), as amended.

24 (b) ELECTION OF TRIBAL OFFICIALS.—Not later

25 than 120 days after the Tribe adopts a tribal constitution,
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1 the Secretary shall conduct an election by secret ballot for

2 the purpose of electing tribal officials as provided in the

3 constitution. Such election shall be conducted according

4 to the procedures stated in subsection (a) except to the

5 extent that such procedures conflict with the tribal

6 constitution.

7 (c) TRIBAL GOVERNMENT.—Notwithstanding any

8 other provision of law, the governing body of the Tribe

9 established under the constitution adopted under sub10 section (a), shall be treated as an Indian tribal govern11 ment for purposes of the Internal Revenue Code of 1986,

12 and all other Federal laws of general application to Indi13 ans and Indian tribes, including the Act of June 18, 1934

14 (48 Stat. 984; 25 U.S.C. 461 et seq.), as amended.

15 SEC. 11. REAL PROPERTY.

16 (a) SUBJECT TO EXISTING RIGHTS AND OBLIGA17 TIONS.—Any real property taken in trust by the Secretary

18 shall be subject to—

19 (1) all legal rights and interests in such lands

20 existing at the time of acquisition of such land by

21 the Secretary, including any lien, mortgage, or pre22 viously levied and outstanding State or local tax;

23 (2) foreclosure or sale in accordance with the

24 laws of the State of Louisiana pursuant to the terms
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1 of any valid obligation in existence at the time of the

2 acquisition of such land by the Secretary; and

3 (3) the provisions of the Indian Gaming Regu4 latory Act (25 U.S.C. 2701 et seq.).

5 (b) TAX EXEMPTION.—Any real property held in

6 trust by the Secretary pursuant to this Act shall be ex7 empt from Federal, State, and local taxation on and after

8 the date such property is accepted by the Secretary.