II

103D CONGRESS

1ST SESSION S. 1078

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

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’’.

6 SEC. 2. FINDINGS.

7 The Congress makes the following findings:

8 (1) In 1903 and 1904, after presenting testi9 mony before the Dawes Commission, ancestors of
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1 the Jena Band of Choctaw were identified as

2 ‘‘Fullblood Mississippi Choctaw Indians’’.

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

4 the Jena Band of Choctaw roll dated December 1,

5 1984, and later submitted to the Assistant Sec6 retary, Indian Affairs, on May 2, 1985, can docu7 ment possessing one-half or more Choctaw Indian

8 blood quantum based on descent from individuals

9 listed as ‘‘Mississippi Choctaw’’ by the Dawes Com10 mission or as ‘‘Choctaw’’ on the Indian Schedules of

11 the 1900 Federal Population Census.

12 (3) High blood degree such as that dem13 onstrated and documented by the Jena Band of

14 Choctaw, although not a requirement for maintain15 ing a Federal tribal relationship provides exceptional

16 evidence which supports confirmation of that rela17 tionship outside the normal administrative process,

18 because a group cannot maintain a high blood de19 gree without a continuity of close and significant so20 cial relationships which in themselves demonstrate

21 distinct social community.

22 (4) The Jena Band of Choctaw has retained a

23 distinct dialect of the Choctaw language on a contin24 uous basis since historic times, thus, providing sup25 porting evidence that the Jena Band has maintained
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1 itself as a separate and distinct historic band of

2 Choctaw.

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

4 in close proximity in historic Catahoula Parish, the

5 predecessor to modern Catahoula and La Salle Par6 ishes, according to the 1880, 1900 and 1910 Fed7 eral population censuses; Federal documents place

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

9 1930’s and 1950’s; 72 percent of the Tribe’s current

10 membership still resides in La Salle, and neighbor11 ing Grant and Rapides Parishes, thus providing sup12 porting evidence for continuity of membership and

13 location.

14 (6) The Jena Band of Choctaw can document

15 and identify traditional leaders by name from 1850

16 to 1968 and elected leaders from 1974 to the

17 present, which in the historical context of their com18 munity provides supporting evidence for continuity

19 of political influence.

20 (7) Confirmation of the Federal relationship

21 with the Tribe is supported by all the federally rec22 ognized tribes in Louisiana and by the Mississippi

23 Band of Choctaw Indians.

24 SEC. 3. DEFINITIONS.

25 For purposes of this Act:
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1 (1) The term ‘‘Tribe’’ means the Jena Band of

2 Choctaw Indians of Louisiana.

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

4 of the Interior.

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

6 Board of Directors of the Jena Band of Choctaw In7 dians of Louisiana.

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

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

10 (5) The term ‘‘State’’ means the State of Lou11 isiana.

12 SEC. 4. CONFIRMATION OF FEDERAL RELATIONSHIP.

13 Federal Recognition as a Tribe is hereby confirmed

14 with regard to the Jena Band of Choctaw Indians of Lou15 isiana. All Federal laws of general application to Indians

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

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

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

19 the Tribe and to the members.

20 SEC. 5. RECOGNITION OF RIGHTS.

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

22 Act may be construed to diminish any rights or privileges

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

24 date of the enactment of this Act.
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1 (b) EXISTING RIGHTS AND OBLIGATIONS.—Except

2 as otherwise specifically provided in this Act, nothing in

3 this Act may be construed as altering or affecting—

4 (1) any rights or obligations with respect to

5 property,

6 (2) any rights or obligations under any con7 tract,

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

9 water rights of the Tribe or its members, or

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

11 date of enactment of this Act.

12 SEC. 6. FEDERAL SERVICES AND BENEFITS.

13 Notwithstanding any other provision of law, and

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

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

16 of enactment of this Act, for all Federal services and bene17 fits furnished to federally recognized Indian tribes or their

18 members. In the case of Federal services available to mem19 bers of federally recognized tribes residing on a reserva20 tion, members of the Jena Band of Choctaw Indians of

21 Louisiana residing in La Salle, Rapides, and Grant Par22 ishes, Louisiana, shall be deemed to be residing on a res23 ervation. Notwithstanding any other provision of law, the

24 Tribe shall be considered an Indian tribe for the purpose
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1 of the Indian Tribal Government Tax Status Act (26

2 U.S.C. 7871).

3 SEC. 7. 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 this Tribe;

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

10 than 2 years after the adoption of a tribal constitu11 tion as provided in section 10, develop such a plan;

12 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 TO BE CONTAINED IN PLAN.—

17 Any proposed transfer of real property contained in the

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

19 be consistent with the requirements of section 11 of this

20 Act.

21 SEC. 8. INTERIM GOVERNMENT.

22 Until such time as a constitution for the Tribe is

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

24 be governed by the Interim Council.
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1 SEC. 9. MEMBERSHIP.

2 (a) BASE ROLL.—The Jena Band of Choctaw mem3 bership list dated December 1, 1984, and submitted to

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

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

6 review and approval of the Secretary.

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

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

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

10 or more Choctaw Indian blood quantum derived directly

11 from those Choctaw who lived in the historic Catahoula

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

13 recognized tribe, and if—

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

15 Band of Choctaw membership list dated December

16 1, 1984, submitted to the Assistant Secretary, In17 dian Affairs, on May 2, 1985;

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

19 the requirements established by the Jena Band of

20 Choctaw Indians of Louisiana in its Articles of In21 corporation, filed and recorded in the State of Lou22 isiana on May 22, 1974, which had to be met to be

23 included on the Jena Band’s list dated December 1,

24 1984; or
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1 (C) that individual is a lineal descendant of an

2 individual, living or dead, identified by subparagraph

3 (A) or (B).

4 (2) After adoption of a tribal constitution, such con5 stitution shall govern membership in the Tribe. In addi6 tion to meeting any other criteria imposed in such tribal

7 constitution, any person added to the roll must be of Choc8 taw ancestry derived directly from those Choctaw who

9 lived in the historic Catahoula Parish and cannot be a

10 member of another federally recognized Indian tribe.

11 SEC. 10. TRIBE CONSTITUTION.

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

13 Interim Council, the Secretary shall conduct, by secret bal14 lot, an election to adopt a constitution for the Tribe which

15 is consistent with this Act. Such constitution shall be sub16 mitted by the Interim Council to the Secretary no later

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

18 Absentee balloting shall be permitted regardless of voter

19 residence. The election shall be conducted in accordance

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

21 987; 25 U.S.C. 476), as amended.

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

23 than 120 days after the Tribe adopts a tribal constitution,

24 the Secretary shall conduct an election by secret ballot for

25 the purpose of electing tribal officials as provided in the
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1 constitution. Such election shall be conducted according

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

3 extent that such procedures conflict with the tribal con4 stitution.

5 (c) TRIBAL GOVERNMENT.—Notwithstanding any

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

7 established under the constitution adopted under sub8 section (a), shall be treated as an Indian tribal govern9 ment for purposes of the Internal Revenue Code of 1986,

10 and all other Federal laws of general application to Indi11 ans and Indian tribes, including the Act of June 18, 1934

12 (48 Stat. 984; 25 U.S.C. 461 et seq.), as amended.

13 SEC. 11. REAL PROPERTY.

14 (a) SUBJECT TO EXISTING RIGHTS AND OBLIGA15 TIONS.—Any real property taken in trust by the Secretary

16 shall be subject to—

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

18 existing at the time of acquisition of such land by

19 the Secretary, including any lien, mortgage, or pre20 viously levied and outstanding State or local tax;

21 (2) foreclosure or sale in accordance with the

22 laws of the State of Louisiana pursuant to the terms

23 of any valid obligation in existence at the time of the

24 acquisition of such land by the Secretary; and
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1 (3) the provisions of the Indian Gaming Regu2 latory Act (25 U.S.C. 2701 et seq.).

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

4 trust by the Secretary pursuant to this Act shall be ex5 empt from Federal, State, and local taxation on and after

6 the date such property is accepted by the Secretary.

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