II

106TH CONGRESS

2D SESSION S. 2771

To provide for Federal recognition of the Lower Muscogee-Creek Indian

Tribe of Georgia, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 22, 2000

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

to the Committee on Indian Affairs

A BILL

To provide for Federal recognition of the Lower MuscogeeCreek Indian Tribe of Georgia, and for other purposes.

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 ‘‘Lower Muscogee-Creek

5 Indian Tribe of Georgia Recognition Act’’.

6 SEC. 2. FINDINGS.

7 The Congress declares and finds the following:

8 (1) The Lower Muscogee-Creek Indian Tribe of

9 Georgia are descendants of and political successors

10 to those Indians known as the original Creek Indian
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1 Nation at the time of initial European contact with

2 America.

3 (2) The Lower Muscogee-Creek Indian Tribe of

4 Georgia are descendants and political successors to

5 the signatories of the 1832 Treaty of Washington

6 which was a treaty made while the Creeks were one

7 nation, before removal. The Treaty involved all

8 Creeks, including the Upper, Middle, and Lower

9 Creeks, when the Creek Nation was whole and in10 tact.

11 (3) The Lower Muscogee-Creek Indian Tribe of

12 Georgia consists of over 2,500 eligible members,

13 most of whom continue to reside close to their ances14 tral homeland within the State of Georgia. Pursuant

15 to Article XII of the 1832 Treaty of Washington,

16 the Lower Muscogee-Creek Indian Tribe of Georgia

17 declined to be removed and continued to operate as

18 a sovereign Indian tribe comprising those Lower

19 Creeks declining removal under the Treaty of 1832.

20 (4) The Lower Muscogee-Creek Indian Tribe of

21 Georgia continues its political and social existence

22 with a viable tribal government carrying out many of

23 its governmental functions through its traditional

24 form of collective decisionmaking and social inter25 action.
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1 (5) In 1972, when the Lower Muscogee-Creek

2 Indian Tribe of Georgia (also known as the

3 Muscogee-Creek Indian Tribe East of the Mississippi

4 River) petitioned the Bureau of Indian Affairs for

5 Federal recognition, the tribal leaders were not well

6 educated and the Tribe could not afford competent

7 counsel adequately versed in Federal Indian law.

8 The Tribe was unable to obtain technical assistance

9 in its petition which consequently lacked critical and

10 pertinent historical information necessary for rec11 ognition. Thus, due to technical omissions, the peti12 tion was denied on December 21, 1981.

13 (6) Despite the denial of the petition, the

14 United States Government, the government of the

15 State of Georgia, and local governments, have recog16 nized the political leaders of the Lower Muscogee17 Creek Indian Tribe of Georgia as leaders of a dis18 tinct political governmental entity.

19 SEC. 3. DEFINITIONS.

20 In this Act:

21 (1) MEMBER.—The term ‘‘member’’ means an

22 enrolled member of the Tribe, as of the date of en23 actment of this Act, or an individual who has been

24 placed on the membership rolls of the Tribe in ac25 cordance with this Act.
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1 (2) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of the Interior.

3 (3) TRIBE.—The term ‘‘Tribe’’ means the

4 Lower Muscogee-Creek Indian Tribe of Georgia.

5 SEC. 4. FEDERAL RECOGNITION.

6 (a) IN GENERAL.—Federal recognition is hereby ex7 tended to the Tribe. All laws and regulations of general

8 application to Indians or nations, tribes, or bands of Indi9 ans that are not inconsistent with any specific provision

10 of this Act shall be applicable to the Tribe and its mem11 bers.

12 (b) FEDERAL BENEFITS AND SERVICES.—The Tribe

13 and its members shall be eligible, on or after the date of

14 enactment of this Act, for all Federal benefits and services

15 furnished to federally recognized Indian tribes and their

16 members because of their status as Indians without regard

17 to the existence of a reservation for the Tribe or the resi18 dence of any member on or near an Indian reservation.

19 (c) INDIAN REORGANIZATION ACT APPLICABILITY.—

20 The Act of June 18, 1934 (25 U.S.C. 461 et seq.) shall

21 be applicable to the Tribe and its members.

22 SEC. 5. RESERVATION.

23 (a) LANDS TAKEN INTO TRUST.—Notwithstanding

24 any other provision of law, if, not later than 2 years after

25 the date of enactment of this Act, the Tribe transfers in-
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1 terest in land within the boundaries of Grady County, Car2 roll County, and such other counties in the State of Geor3 gia to the Secretary, the Secretary shall take such inter4 ests in land into trust for the benefit of the Tribe.

5 (b) RESERVATION ESTABLISHED.—Land taken into

6 trust pursuant to subsection (a) shall be the initial res7 ervation land of the Tribe.

8 (c) LIMITATION ON GAMING.—Gaming as defined

9 and regulated by the Indian Gaming Regulatory Act (25

10 U.S.C. 2701 et seq.) is prohibited on the land taken into

11 trust under subsection (a).

12 SEC. 6. BASE MEMBERSHIP ROLL.

13 (a) IN GENERAL.—Not later than 120 days after the

14 date of enactment of this Act, the Tribe shall submit to

15 the Secretary a membership roll consisting of all individ16 uals who are members of the Tribe. The qualifications for

17 inclusion in the membership roll of the Tribe shall be de18 veloped and based upon the membership provisions as con19 tained in the Tribe’s Constitution and Bill of Rights. Upon

20 completion of the membership roll, the Secretary shall

21 publish notice of such in the Federal Register. The Tribe

22 shall ensure that such roll is maintained and kept current.

23 (b) FUTURE MEMBERSHIP.—The Tribe shall have

24 the right to determine future membership in the Tribe,

25 however, in no event may an individual be enrolled as a
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1 member of the Tribe unless the individual is a lineal de2 scendant of a person on the base membership roll, and

3 has continued to maintain political relations with the

4 Tribe.

5 SEC. 7. JURISDICTION.

6 The reservation established pursuant to this Act shall

7 be Indian country under Federal and tribal jurisdiction.

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