II

104TH CONGRESS

1ST SESSION S. 292

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

Alabama.

IN THE SENATE OF THE UNITED STATES

JANUARY 27 (legislative day, JANUARY 10), 1995

Mr. SHELBY introduced the following bill; which was read twice and referred

to the Committee on Indian Affairs

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’’.
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1 FEDERAL RECOGNITION

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

3 Mowa Band of Choctaw Indians of Alabama. All Federal

4 laws of general application to Indians and Indian tribes

5 shall apply with respect to the Mowa Band of Choctaw

6 Indians of Alabama.

7 RESTORATION OF RIGHTS

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

9 Band of Choctaw Indians which may have been abrogated

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

11 reason of any provision of Federal law that terminated

12 Federal recognition of the Mowa Band of Choctaw Indians

13 of Alabama are hereby restored and such Federal law shall

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

15 of the Band.

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

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

18 were ceded to the United States. Congress does hereby ap19 prove and ratify such cession effective as of the date of

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

21 extinguishment of all interest of the Mowa Band of Choc22 taws, if any, in said lands as of the date of the cession.

23 By virtue of the approval and ratification of the cession

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

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

26 by the Mowa Band of Choctaws, including but not limited
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1 to, claims for trespass damages or claims for use and occu2 pancy, arising subsequent to the cession and that are

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

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

5 cession.

6 (c) The Mowa Band of Choctaws has no historical

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

8 recognition as provided by this Act to assert any historical

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

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

11 Band of Choctaws, or its ancestors, were the native inhab12 itants of such land or based upon the Mowa Band of Choc13 taws’ status as native Americans or based upon the Mowa

14 Band of Choctaws’ Federal recognition as provided by this

15 Act.

16 (d) Except as otherwise specifically provided in sec17 tion 4 or any other provision of this Act, nothing in this

18 Act may be construed as altering or affecting—

19 (1) any rights or obligations with respect to

20 property,

21 (2) any rights or obligations under any con22 tract, or

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

24 date of enactment of this Act.
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1 LANDS

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

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

4 of Alabama on the date of enactment of this Act are here5 by transferred to the United States in trust for the use

6 and benefit of the Mowa Band of Choctaw Indians of

7 Alabama.

8 (b)(1) Notwithstanding any other provision of law,

9 the Mowa Band of Choctaw Indians of Alabama shall

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

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

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

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

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

15 of Choctaw Indians of Alabama.

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

17 Attorney General of the United States shall approve any

18 deed or other instrument used to make a conveyance

19 under paragraph (1).

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

21 the benefit of the Mowa Band of Choctaw Indians of Ala22 bama by reason of this section shall constitute the reserva23 tion of such Band.

24 (d) The Congress finds that the provisions of this sec25 tion are enacted at the request of the Mowa Band of Choc-
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1 taw Indians of Alabama and are in the best interests of

2 such Band.

3 SERVICES

4 SEC. 5. The Mowa Band of Choctaw Indians of Ala5 bama, and the members of such Band, shall be eligible

6 for all services and benefits that are provided by the Fed7 eral Government to Indians because of their status as fed8 erally recognized Indians and, notwithstanding any other

9 provision of law, such services and benefits shall be pro10 vided after the date of enactment of this Act to the Band,

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

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

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

14 Indian reservation.

15 CONSTITUTION AND BYLAWS

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

17 Alabama may organize for its common welfare and adopt

18 a constitution and bylaws in accordance with regulations

19 prescribed by the Secretary of the Interior. The Secretary

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

21 a constitution and bylaws for the Band.

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

23 constitution or bylaws that are adopted by the Mowa Band

24 of Choctaw Indians of Alabama shall take effect only after

25 such constitution, bylaws, or amendments are filed with

26 the Secretary of the Interior.
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1 MEMBERSHIP

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

3 of Choctaw Indians of Alabama is adopted, the member4 ship of the Band shall consist of every individual who—

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

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

7 (2) is a descendant of any individual described

8 in paragraph (1).

9 (b) After the adoption of a constitution by the Mowa

10 Band of Choctaw Indians of Alabama, the membership of

11 the Band shall be determined in accordance with the terms

12 of such constitution or any bylaws adopted under such

13 constitution.

14 REGULATIONS

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

16 such regulations as may be necessary to carry out the pur17 poses of this Act.

Æ