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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1146 Reported in House (RH)]

                                                 Union Calendar No. 457

103d CONGRESS

  2d Session

                                S. 1146

                          [Report No. 103-812]

_______________________________________________________________________

                                 AN ACT

    To provide for the settlement of the water rights claims of the 
Yavapai-Prescott Indian Tribe in Yavapai County, Arizona, and for other 
                               purposes.

_______________________________________________________________________

                            October 3, 1994

  Reported with an amendment, committed to the Committee of the Whole 
        House on the State of the Union, and order to be printed

                                                 Union Calendar No. 457
103d CONGRESS
  2d Session
                                S. 1146

                          [Report No. 103-812]

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 1994

             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
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
  [For text of Senate passed bill, see copy of bill as printed in the 
               House of Representatives on July 27, 1994]

_______________________________________________________________________

                                 AN ACT

 
    To provide for the settlement of the water rights claims of the 
Yavapai-Prescott Indian Tribe in Yavapai County, Arizona, and for other 
                               purposes.

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

     TITLE I--YAVAPAI-PRESCOTT INDIAN TRIBE WATER RIGHTS SETTLEMENT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Yavapai-Prescott Indian Tribe 
Water Rights Settlement Act of 1994''.

SEC. 102. CONGRESSIONAL FINDINGS AND DECLARATIONS.

    (a) Findings.--The Congress finds that--
            (1) it is the policy of the United States, in fulfillment 
        of its trust responsibility to the Indian tribes, to promote 
        Indian self-determination and economic self-sufficiency, and to 
        settle, wherever possible, the water rights claims of Indian 
        tribes without lengthy and costly litigation;
            (2) meaningful Indian self-determination and economic self-
        sufficiency depend on the development of viable Indian 
        reservation economies;
            (3) quantification of rights to water and development of 
        facilities needed to utilize tribal water supplies effectively 
        is essential to the development of viable Indian reservation 
        economies, particularly in arid western States;
            (4) on June 7, 1935, and by actions subsequent thereto, the 
        United States established a reservation for the Yavapai-
        Prescott Indian Tribe in Arizona adjacent to the city of 
        Prescott;
            (5) proceedings to determine the full extent of Yavapai-
        Prescott Tribe's water rights are currently pending before the 
        Superior Court of the State of Arizona in and for Maricopa 
        County, as part of the general adjudication of the Gila River 
        system and source;
            (6) recognizing that final resolution of the general 
        adjudication will take many years and entail great expense to 
        all parties, prolong uncertainty as to the full extent of the 
        Yavapai-Prescott Tribe's entitlement to water and the 
        availability of water supplies to fulfill that entitlement, and 
        impair orderly planning and development by the Tribe and the 
        city of Prescott; the Tribe, the city of Prescott, the Chino 
        Valley Irrigation District, the State of Arizona and the United 
        States have sought to settle all claims to water between and 
        among them;
            (7) representatives of the Yavapai-Prescott Tribe, the city 
        of Prescott, the Chino Valley Irrigation District, the State of 
        Arizona and the United States have negotiated a Settlement 
        Agreement to resolve all water rights claims between and among 
        them, and to provide the Tribe with long term, reliable water 
        supplies for the orderly development and maintenance of the 
        Tribe's reservation;
            (8) pursuant to the Settlement Agreement and the Water 
        Service Agreement, the quantity of water made available to the 
        Yavapai-Prescott Tribe by the city of Prescott and the Chino 
        Valley Irrigation District will be secured, such Agreements 
        will be continued in perpetuity, and the Tribe's continued on-
        reservation use of water for municipal and industrial, 
        recreational and agricultural purposes will be provided for;
            (9) to advance the goals of Federal Indian policy and to 
        fulfill the trust responsibility of the United States to the 
        Tribe, it is appropriate that the United States participate in 
        the implementation of the Settlement Agreement and assist in 
        firming up the long-term water supplies of the city of Prescott 
        and the Yavapai-Prescott Tribe so as to enable the Tribe to 
        utilize fully its water entitlements in developing a diverse, 
        efficient reservation economy; and
            (10) the assignment of the CAP contract of the Yavapai-
        Prescott Tribe and the CAP subcontract of the city of Prescott 
        is a cost-effective means to ensure reliable, long-term water 
        supplies for the Yavapai-Prescott Tribe and to promote 
        efficient, environmentally sound use of available water 
        supplies in the Verde River basin.
    (b) Declaration of Purposes.--The Congress declares that the 
purposes of this title are--
            (1) to approve, ratify and confirm the Settlement Agreement 
        among the Yavapai-Prescott Tribe, the city of Prescott, the 
        Chino Valley Irrigation District, the State of Arizona and the 
        United States;
            (2) to authorize and direct the Secretary of the Interior 
        to execute and perform the Settlement Agreement;
            (3) to authorize the actions and appropriations necessary 
        for the United States to fulfill its legal and trust 
        obligations to the Yavapai-Prescott Tribe as provided in the 
        Settlement Agreement and this title;
            (4) to require that expenditures of funds obtained through 
        the assignment of CAP contract entitlements by the Yavapai-
        Prescott Tribe and Prescott for the acquisition or development 
        of replacement water supplies in the Verde River basin shall 
        not be inconsistent with the goals of the Prescott Active 
        Management Area, preservation of riparian habitat, flows and 
        biota of the Verde River and its tributaries; and
            (5) to repeal section 406(k) of Public Law 101-628 which 
        authorizes $30,000,000 in appropriations for the acquisition of 
        land and water resources in the Verde River basin and for the 
        development thereof as an alternative source of water for the 
        Fort McDowell Indian Community.

SEC. 103. DEFINITIONS.

    For purposes of this title:
            (1) The term ``CAP'' means the Central Arizona Project, a 
        reclamation project authorized under title III of the Colorado 
        River Basin Project Act of 1968 (43 U.S.C. 1521 et seq.).
            (2) The term ``CAWCD'' means the Central Arizona Water 
        Conservation District, organized under the laws of the State of 
        Arizona, which is the contractor under a contract with the 
        United States, dated December 1, 1988, for the delivery of 
        water and repayment of costs of the Central Arizona Project.
            (3) The term ``CVID'' means the Chino Valley Irrigation 
        District, an irrigation district organized under the laws of 
        the State of Arizona.
            (4) The term ``Prescott AMA'' means the Active Management 
        Area, established pursuant to Arizona law and encompassing the 
        Prescott ground water basin, wherein the primary goal is to 
        achieve balance between annual ground water withdrawals and 
        natural and artificial recharge by the year 2025.
            (5) The term ``Prescott'' means the city of Prescott, an 
        Arizona municipal corporation.
            (6) The term ``Reservation'' means the reservation 
        established by the Act of June 7, 1935 (49 Stat. 332) and the 
        Act of May 18, 1956 (70 Stat. 157) for the Yavapai-Prescott 
        Tribe of Indians.
            (7) The term ``Secretary'' means the Secretary of the 
        United States Department of the Interior.
            (8) The term ``Settlement Agreement'' means that agreement 
        entered into by the city of Prescott, the Chino Valley 
        Irrigation District, the Yavapai-Prescott Indian Tribe, the 
        State of Arizona, and the United States, providing for the 
        settlement of all water claims between and among them.
            (9) The term ``Tribe'' means the Yavapai-Prescott Indian 
        Tribe, a tribe of Yavapai Indians duly recognized by the 
        Secretary.
            (10) The term ``Water Service Agreement'' means that 
        agreement between the Yavapai-Prescott Indian Tribe and the 
        city of Prescott, as approved by the Secretary, providing for 
        water, sewer, and effluent service from the city of Prescott to 
        the Yavapai-Prescott Tribe.

SEC. 104. RATIFICATION OF SETTLEMENT AGREEMENT.

    (a) Approval of Settlement Agreement.--To the extent the Settlement 
Agreement does not conflict with the provisions of this title, such 
Agreement is approved, ratified and confirmed. The Secretary shall 
execute and perform such Agreement, and shall execute any amendments to 
the Agreement and perform any action required by any amendments to the 
Agreement which may be mutually agreed upon by the parties.
    (b) Perpetuity.--The Settlement Agreement and Water Service 
Agreement shall include provisions which will ensure that the benefits 
to the Tribe thereunder shall be secure in perpetuity. Notwithstanding 
the provisions of section 2103 of the Revised Statutes of the United 
States (25 U.S.C. 81) relating to the term of the Agreement, the 
Secretary is authorized and directed to approve the Water Service 
Agreement with a perpetual term.

SEC. 105. ASSIGNMENT OF CAP WATER.

    The Secretary is authorized and directed to arrange for the 
assignment of, or to purchase, the CAP contract of the Tribe and the 
CAP subcontract of the city of Prescott to provide funds for deposit 
into the Verde River Basin Water Fund established pursuant to section 
106.

SEC. 106. REPLACEMENT WATER FUND; CONTRACTS.

    (a) Fund.--The Secretary shall establish a fund to be known as the 
``Verde River Basin Water Fund'' (hereinafter called the ``Fund'') to 
provide replacement water for the CAP water relinquished by the Tribe 
and by Prescott. Moneys in the Fund shall be available without fiscal 
year limitations.
    (b) Content of Fund.--The Fund shall consist of moneys obtained 
through the assignment or purchase of the contract and subcontract 
referenced in section 105, appropriations as authorized in section 109, 
and any moneys returned to the Fund pursuant to subsection (d) of this 
section.
    (c) Payments From Fund.--The Secretary shall, subsequent to the 
publication of a statement of findings as provided in section 112(a), 
promptly cause to be paid from the Fund to the Tribe the amounts 
deposited to the Fund from the assignment or purchase of the Tribe's 
CAP contract, and, to the city of Prescott, the amounts deposited to 
the Fund from the assignment or purchase of the city's CAP subcontract.
    (d) Contracts.--The Secretary shall require, as a condition 
precedent to the payment of any moneys pursuant to subsection (c), that 
the Tribe and Prescott agree, by contract with the Secretary, to 
establish trust accounts into which the payments would be deposited and 
administered, to use such moneys consistent with the purpose and intent 
of section 107, to provide for audits of such accounts, and for the 
repayment to the Fund, with interest, any amount determined by the 
Secretary not to have been used within the purpose and intent of 
section 107.

SEC. 107. EXPENDITURES OF FUNDS.

    (a) By the City.--All moneys paid to Prescott for relinquishing its 
CAP subcontract and deposited into a trust account pursuant to section 
106(d), shall be used for the purposes of defraying expenses associated 
with the investigation, acquisition or development of alternative 
sources of water to replace the CAP water relinquished under this 
title. Alternative sources shall be understood to include, but not be 
limited to, retirement of agricultural land and acquisition of 
associated water rights, development of ground water resources outside 
the Prescott Active Management Area established pursuant to the laws of 
the State of Arizona, and artificial recharge; except that none of the 
moneys paid to Prescott may be used for construction or renovation of 
the city's existing waterworks or water delivery system.
    (b) By the Tribe.--All funds paid to the Tribe for relinquishing 
its CAP contract and deposited into a trust account pursuant to section 
106(d), shall be used to defray its water service costs under the Water 
Service Agreement or to develop and maintain facilities for on-
reservation water or effluent use.
    (c) No Per Capita Payments.--No amount of the Tribe's portion of 
the Fund may be used to make per capita payments to any member of the 
Tribe, nor may any amount of any payment made pursuant to section 
106(c) be distributed as a dividend or per capita payment to any 
constituent, member, shareholder, director or employee of Prescott.
    (d) Disclaimer.--Effective with the payment of funds pursuant to 
section 106(c), the United States shall not be liable for any claim or 
cause of action arising from the use of such funds by the Tribe or by 
Prescott.

SEC. 108. ENVIRONMENTAL COMPLIANCE.

    The Secretary, the Tribe and Prescott shall comply with all 
applicable Federal environmental and State environmental and water laws 
in developing alternative water sources pursuant to section 107(a). 
Development of such alternative water sources shall not be inconsistent 
with the goals of the Prescott Active Management Area, preservation of 
the riparian habitat, flows and biota of the Verde River and its 
tributaries.

SEC. 109. APPROPRIATIONS AUTHORIZATION AND REPEAL.

    (a) Authorization.--There are authorized to be appropriated to the 
Fund established pursuant to section 106(a):
            (1) Such sums as may be necessary, but not to exceed 
        $200,000, to the Secretary for the Tribe's costs associated 
        with judicial confirmation of the settlement.
            (2) Such sums as may be necessary to establish, maintain 
        and operate the gauging station required under section 111(e).
    (b) State Contribution.--The State of Arizona shall contribute 
$200,000 to the trust account established by the Tribe pursuant to the 
Settlement Agreement and section 106(d) for uses consistent with 
section 107(b).
    (c) Repeal.--Subsection 406(k) of the Act of November 28, 1990 
(Public Law 101-628; 104 Stat. 4487) is repealed.

SEC. 110. SATISFACTION OF CLAIMS.

    (a) Waiver.--The benefits realized by the Tribe or any of its 
members under the Settlement Agreement and this title shall constitute 
full and complete satisfaction of all claims by the Tribe and all 
members' claims for water rights or injuries to water rights under 
Federal and State laws (including claims for water rights in ground 
water, surface water and effluent) from time immemorial to the 
effective date of this title, and for any and all future claims of 
water rights (including claims for water rights in ground water, 
surface water, and effluent) from and after the effective date of this 
title. Nothing in this title shall be deemed to recognize or establish 
any right of a member of the Tribe to water on the Tribe's reservation.
    (b) Waiver and Release.--The Tribe, on behalf of itself and its 
members, and the Secretary on behalf of the United States, are 
authorized and required, as a condition to the implementation of this 
title, to execute a waiver and release, except as provided in 
subsection (d) and the Settlement Agreement, of all claims of water 
rights or injuries to water rights (including water rights in ground 
water, surface water and effluent), from and after the effective date 
of this title, which the Tribe and its members may have, against the 
United States, the State of Arizona or any agency or political 
subdivision thereof, or any other person, corporation, or municipal 
corporation, arising under the laws of the United States or the State 
of Arizona.
    (c) Waiver by United States.--Except as provided in subsection (d) 
and the Settlement Agreement, the United States, in its own right or on 
behalf of the Tribe, shall not assert any claim against the State of 
Arizona or any political subdivision thereof, or against any other 
person, corporation, or municipal corporation, arising under the laws 
of the United States or the State of Arizona based upon water rights or 
injuries to water rights of the Tribe and its members or based upon 
water rights or injuries to water rights held by the United States on 
behalf of the Tribe and its members.
    (d) Rights Retained.--In the event the waivers of claims authorized 
in subsection (b) of this section do not become effective pursuant to 
section 112(a), the Tribe, and the United States on behalf of the 
Tribe, shall retain the right to assert past and future water rights 
claims as to all reservation lands.
    (e) Jurisdiction.--The United States District Court for the 
District of Arizona shall have original jurisdiction of all actions 
arising under this title, the Settlement Agreement and the Water 
Service Agreement, including review pursuant to title 9, United States 
Code, of any arbitration and award under the Water Service Agreement.
    (f) Claims.--Nothing in this title shall be deemed to prohibit the 
Tribe, or the United States on behalf of the Tribe, from asserting or 
maintaining any claims for the breach or enforcement of the Settlement 
Agreement or the Water Service Agreement.
    (g) Disclaimer.--Nothing in this title shall affect the water 
rights or claims related to any trust allotment located outside the 
exterior boundaries of the reservation of any member of the Tribe.
    (h) Full Satisfaction of Claims.--Payments made to Prescott under 
this title shall be in full satisfaction for any claim that Prescott 
might have against the Secretary or the United States related to the 
allocation, reallocation, relinquishment or delivery of CAP water.

SEC. 111. MISCELLANEOUS PROVISIONS.

    (a) Joining of Parties.--In the event any party to the Settlement 
Agreement should file a lawsuit in any United States district court 
relating only and directly to the interpretation or enforcement of the 
Settlement Agreement or this title, naming the United States of America 
or the Tribe as parties, authorization is hereby granted to join the 
United States of America or the Tribe, or both, in any such litigation, 
and any claim by the United States of America or the Tribe to sovereign 
immunity from such suit is hereby waived. In the event Prescott submits 
a dispute under the Water Service Agreement to arbitration or seeks 
review by the United States District Court for the District of Arizona 
of an arbitration award under the Water Service Agreement, any claim by 
the Tribe to sovereign immunity from such arbitration or review is 
hereby waived.
    (b) No Reimbursement.--The United States of America shall make no 
claims for reimbursement of costs arising out of the implementation of 
the Settlement Agreement or this title against any lands within the 
Yavapai-Prescott Indian Reservation, and no assessment shall be made 
with regard to such costs against such lands.
    (c) Water Management.--The Tribe shall establish a ground water 
management plan for the Reservation which, except to be consistent with 
the Water Service Agreement, the Settlement Agreement and this title, 
will be compatible with the ground water management plan in effect for 
the Prescott Active Management Area and will include an annual 
information exchange with the Arizona Department of Water Resources. In 
establishing a ground water management plan pursuant to this section, 
the Tribe may enter into a Memorandum of Understanding with the Arizona 
Department of Water Resources for consultation. Notwithstanding any 
other law, the Tribe may establish a tribal water code, consistent with 
the above-described water management plan, under which the Tribe will 
manage, regulate, and control the water resources granted it in the 
Settlement Act, the Settlement Agreement, and the Water Service 
Agreement, except that such management, regulation and control shall 
not authorize any action inconsistent with the trust ownership of the 
Tribe's water resources.
    (d) Gauging Station.--The Secretary, acting through the Geological 
Survey, shall establish, maintain and operate a gauging station at the 
State Highway 89 bridge across Granite Creek adjacent to the 
reservation to assist the Tribe and the CVID in allocating the surface 
flows from Granite Creek as provided in the Settlement Agreement.

SEC. 112. EFFECTIVE DATE.

    (a) Waivers and Releases.--The waivers and releases required by 
section 110(b) of this title shall become effective as of the date the 
Secretary causes to be published in the Federal Register a statement of 
findings that--
            (1)(A) the Secretary has determined that an acceptable 
        party, or parties, have executed contracts for the assignments 
        of the Tribe's CAP contract and the city of Prescott's CAP 
        subcontract, and the proceeds from the assignments have been 
        deposited into the Fund as provided in section 106(d); or
            (B) the Secretary has executed contracts for the 
        acquisition of the Tribe's CAP contract and the city of 
        Prescott's CAP subcontract as provided in section 106(d);
            (2) the stipulation which is attached to the Settlement 
        Agreement as exhibit 9.5, has been approved in substantially 
        the form of such exhibit no later than December 31, 1994;
            (3) the Settlement Agreement has been modified to the 
        extent it is in conflict with this title and has been executed 
        by the Secretary; and
            (4) the State of Arizona has appropriated and deposited 
        into the Tribe's trust account $200,000 as required by the 
        Settlement Agreement.
    (b) Deadline.--If the actions described in paragraphs (1), (2), 
(3), and (4) of subsection (a) have not occurred by December 31, 1995, 
any contract between Prescott and the United States entered into 
pursuant to section 106(d) shall not thereafter be effective, and any 
funds appropriated by the State of Arizona pursuant to the Settlement 
Agreement shall be returned by the Tribe to the State of Arizona.

SEC. 113. OTHER CLAIMS.

    (a) Other Tribes.--Nothing in the Settlement Agreement or this 
title shall be construed in any way to quantify or otherwise adversely 
affect the land and water rights, claims or entitlements to water of 
any Arizona Indian tribe, band or community, other than the Tribe.
    (b) Federal Agencies.--Nothing in this title shall be construed to 
affect the water rights or the water rights claims of any Federal 
agency, other than the Bureau of Indian Affairs on behalf of the Tribe.

                  TITLE II--AUBURN INDIAN RESTORATION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Auburn Indian Restoration Act''.

SEC. 202. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES.

    (a) Federal Recognition.--Notwithstanding any other provision of 
law, Federal recognition is hereby extended to the Tribe. Except as 
otherwise provided in this title, all laws and regulations of general 
application to Indians or nations, tribes, or bands of Indians that are 
not inconsistent with any specific provision of this title 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), 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 title.
    (c) Federal Services and Benefits.--Notwithstanding any other 
provision of law and 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 title, 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 
title 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 title, nothing in this title shall alter any property right or 
obligation, any contractual right or obligation, or any obligation for 
taxes levied.

SEC. 203. 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 2 
        years after the adoption of a tribal constitution as provided 
        in section 107, 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 104.

SEC. 204. TRANSFER OF LAND TO BE HELD IN TRUST.

    (a) Lands To Be Taken In Trust.--The Secretary shall accept any 
real property located in Placer 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 on such property, including outstanding liens, mortgages, or 
taxes owed. 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) Former Trust Lands of the Auburn Rancheria.--Subject to the 
conditions specified in this section, real property eligible for trust 
status under this section shall include fee land held by the White Oak 
Ridge Association, Indian owned fee land held communally pursuant to 
the distribution plan prepared and approved by the Bureau of Indian 
Affairs on August 13, 1959, and Indian owned fee land held by persons 
listed as distributees or dependent members in such distribution plan 
or such distributees' or dependent members' Indian heirs or successors 
in interest.
    (c) 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 or, as applicable, an individual member of the 
Tribe, and shall be part of the Tribe's reservation.

SEC. 205. MEMBERSHIP ROLLS.

    (a) Compilation of Tribal Membership Roll.--Within 1 year after the 
date of the enactment of this title, the Secretary shall, after 
consultation with the Tribe, compile a membership roll of the Tribe.
    (b) Criteria for Enrollments.--(1) Until a tribal constitution is 
adopted pursuant to section 207, an individual shall be placed on the 
membership roll if the individual is living, is not an enrolled member 
of another federally recognized Indian tribe, is of United Auburn 
Indian Community ancestry, possesses at least one-eighth or more of 
Indian blood quantum, and if--
            (A) the individual's name was listed on the Auburn Indian 
        Rancheria distribution roll compiled and approved by the Bureau 
        of Indian Affairs on August 13, 1959, pursuant to Public Law 
        85-671;
            (B) the individual was not listed on, but met the 
        requirements that had to be met to be listed on, the Auburn 
        Indian Rancheria distribution list compiled and approved by the 
        Bureau of Indian Affairs on August 13, 1959, pursuant to Public 
        Law 85-671; or
            (C) the individual is a lineal descendant of an individual, 
        living or dead, identified in subparagraph (A) or (B).
    (2) After adoption of a tribal constitution pursuant to section 
207, such tribal constitution shall govern membership in the Tribe, 
except that in addition to meeting any other criteria imposed in such 
tribal constitution, any person added to the membership roll shall be 
of United Auburn Indian Community ancestry and shall not be an enrolled 
member of another federally recognized Indian tribe.
    (c) Conclusive Proof of United Auburn Indian Community Ancestry.--
For the purpose of subsection (b), the Secretary shall accept any 
available evidence establishing United Auburn Indian Community 
ancestry. The Secretary shall accept as conclusive evidence of United 
Auburn Indian Community ancestry information contained in the Auburn 
Indian Rancheria distribution list compiled by the Bureau of Indian 
Affairs on August 13, 1959.

SEC. 206. INTERIM GOVERNMENT.

    Until a new tribal constitution and bylaws are adopted and become 
effective under section 207, the Tribe's governing body shall be an 
Interim Council. The initial membership of the Interim Council shall 
consist of the members of the Executive Council of the Tribe on the 
date of the enactment of this title, and the Interim Council shall 
continue to operate in the manner prescribed for the Executive Council 
under the tribal constitution adopted July 20, 1991, as long as such 
constitution is not contrary to Federal law. Any new members filling 
vacancies on the Interim council shall meet the enrollment criteria set 
forth in section 205(b) and be elected in the same manner as are 
Executive Council members under the tribal constitution adopted July 
20, 1991.

SEC. 207. TRIBAL CONSTITUTION.

    (a) Election; Time and Procedure.--Upon the completion of the 
tribal membership roll under section 205(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. 208. DEFINITIONS.

    For purposes of this title:
            (1) The term ``Tribe'' means the United Auburn Indian 
        Community of the Auburn 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 206.
            (4) The term ``member'' means those persons meeting the 
        enrollment criteria under section 205(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 204.
            (7) The term ``service area'' means the counties of Placer, 
        Nevada, Yuba, Sutter, El Dorado, and Sacramento, in the State 
        of California.

SEC. 209. REGULATIONS.

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

            Passed the Senate July 26 (legislative day, July 20), 1994.

            Attest:

                                                MARTHA S. POPE,

                                                             Secretary.

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