I 

115TH CONGRESS 

1ST SESSION H. R. 1455 

To provide for the restoration of Federal recognition to the Clatsop-Nehalem 

Confederated Tribes of Oregon, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 9, 2017 

Ms. BONAMICI introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To provide for the restoration of Federal recognition to the 

Clatsop-Nehalem Confederated Tribes of Oregon, 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 ‘‘Clatsop-Nehalem Res5 toration Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) INTERIM COUNCIL.—The term ‘‘Interim 

9 Council’’ means the council which is established 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•HR 1455 IH

1 under, and the members elected pursuant to, section 

2 5. 

3 (2) MEMBER.—The term ‘‘member’’, when used 

4 with respect to the tribe, means an individual en5 rolled on the membership roll of the tribe in accord6 ance with section 7. 

7 (3) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of the Interior or the Secretary’s des9 ignated representative. 

10 (4) TRIBAL GOVERNING BODY.—The term 

11 ‘‘tribal governing body’’ means the governing body 

12 that is established under, and the members elected 

13 pursuant to, the tribal constitution and bylaws 

14 adopted in accordance with section 6. 

15 (5) TRIBE.—The term ‘‘tribe’’ means Clatsop16 Nehalem Confederated Tribes of Oregon considered 

17 as one tribe in accordance with section 3. 

18 SEC. 3. CONSIDERATION OF THE CLATSOP-NEHALEM CON19 FEDERATED TRIBES AS ONE TRIBE. 

20 The Clatsop-Nehalem Confederated Tribes of Oregon 

21 shall be considered as one tribal unit for purposes of Fed22 eral recognition and eligibility for Federal benefits under 

23 section 4, the establishment of tribal self-government 

24 under sections 5 and 6, and the compilation of a tribal 

25 membership roll under section 7. 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•HR 1455 IH

1 SEC. 4. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, 

2 AND PRIVILEGES. 

3 (a) FEDERAL RECOGNITION.—Notwithstanding any 

4 provision of the Act approved August 13, 1954, or any 

5 other law, Federal recognition is extended to the Clatsop6 Nehalem Confederated Tribes of Oregon. Nothing in this 

7 Act shall affect or diminish the treaty rights previously 

8 determined for other federally recognized Indian tribes. 

9 (b) RESTORATION OF RIGHTS AND PRIVILEGES.— 

10 Except as provided in subsection (d), all rights and privi11 leges of the tribe and the members of the tribe under any 

12 Federal treaty, Executive order, agreement, statute, or 

13 other Federal authority, that may have been diminished 

14 or lost under the Act approved August 13, 1954, are re15 stored, and the provisions of such Act shall be inapplicable 

16 to the tribe and to members of the tribe after the date 

17 of the enactment of this Act. 

18 (c) FEDERAL SERVICES AND BENEFITS.—Notwith19 standing any other provision of law, the tribe and its mem20 bers shall be eligible, on and after the date of the enact21 ment of this Act, for all Federal services and benefits fur22 nished to federally recognized Indian tribes without regard 

23 to the existence of a reservation for the tribe. In the case 

24 of Federal services available to members of federally rec25 ognized Indian tribes residing on or near a reservation, 

26 members of the tribe residing in the following counties of 


SSpencer on DSK4SPTVN1PROD with BILLS
4 

•HR 1455 IH

1 the State of Oregon shall be deemed to be residing on or 

2 near a reservation: 

3 (1) Tillamook County. 

4 (2) Clatsop County. 

5 (d) NO HUNTING, FISHING OR TRAPPING RIGHTS

6 RESTORED.—No hunting, fishing, or trapping rights of 

7 any nature of the tribe or of any member, including any 

8 indirect or procedural right or advantage over individuals 

9 who are not members, are granted or restored under this 

10 Act. 

11 (e) EFFECT ON PROPERTY RIGHTS AND OTHER OB12 LIGATIONS.—Except as otherwise specifically provided in 

13 this Act, no provision contained in this Act shall alter any 

14 property right or obligation, any contractual right or obli15 gation, or any obligation for taxes already levied. 

16 (f) NO LANDS IN TILLAMOOK COUNTY.—Notwith17 standing any provision of law, no lands shall be held in 

18 trust by the United States for the benefit and use of the 

19 tribe within the boundaries of Tillamook County, Oregon. 

20 SEC. 5. INTERIM COUNCIL. 

21 (a) ESTABLISHMENT.—There is established an In22 terim Council of the tribe which shall be composed of nine 

23 members. The Interim Council shall— 

24 (1) represent the tribe and its members in the 

25 implementation of this Act; and 


SSpencer on DSK4SPTVN1PROD with BILLS
5 

•HR 1455 IH

1 (2) be the governing body of the tribe until the 

2 tribal governing body convenes. 

3 (b) NOMINATION AND ELECTION OF INTERIM COUN4 CIL MEMBERS.— 

5 (1) GENERAL COUNCIL MEETING.—Not later 

6 than 45 days after the date of the enactment of this 

7 Act, the Secretary shall announce the date of a gen8 eral council meeting of the tribe to nominate can9 didates for election to the Interim Council. Such 

10 general council meeting shall be held not later than 

11 15 days after such announcement. 

12 (2) ELECTION.—Not later than 45 days after 

13 the general council meeting held under paragraph 

14 (1), the Secretary shall hold an election by secret 

15 ballot to elect the members of the Interim Council 

16 from among the members nominated in the general 

17 council meeting. Absentee and write-in balloting 

18 shall be permitted. 

19 (3) APPROVAL OF RESULTS.—The Secretary 

20 shall approve the results of the Interim Council elec21 tion conducted pursuant to this subsection if the 

22 Secretary is satisfied that the requirements of this 

23 section relating to the nomination and the election 

24 processes have been met. If the Secretary is not so 

25 satisfied, the Secretary shall— 


SSpencer on DSK4SPTVN1PROD with BILLS
6 

•HR 1455 IH

1 (A) call for another general council meet2 ing to be held not later than 60 days after such 

3 election to nominate candidates for election to 

4 the Interim Council; and 

5 (B) hold another election within 45 days of 

6 such meeting. 

7 (4) NOTICE.—The Secretary shall take any ac8 tion necessary to ensure that each member described 

9 in section 7(d) is given notice of the time, place, and 

10 purpose of each meeting and election held pursuant 

11 to this subsection not less than 10 days before the 

12 general meeting or election. 

13 (c) AUTHORITY AND CAPACITY; TERMINATION.—The 

14 Interim Council shall— 

15 (1) have no powers other than those given it 

16 under this Act; 

17 (2) with respect to any Federal service or ben18 efit for which the tribe or any member is eligible, 

19 have full authority and capacity to receive grants 

20 and to enter into contracts; 

21 (3) except as provided in subsection (d), termi22 nate on the date that the tribal governing body first 

23 convenes; and 

24 (4) with respect to any contractual right estab25 lished and any obligation entered into by the Interim 


SSpencer on DSK4SPTVN1PROD with BILLS
7 

•HR 1455 IH

1 Council, have the authority and capacity to bind the 

2 tribal governing body, as the successor in interest to 

3 the Interim Council, for a period of not more than 

4 6 months beginning on the date such tribal gov5 erning body first convenes. 

6 (d) VACANCY ON INTERIM COUNCIL.—Not later than 

7 30 days after a vacancy occurs on the Interim Council and 

8 subject to the approval of the Secretary, the Interim Coun9 cil shall hold a general council meeting to nominate a can10 didate for election to fill such vacancy and hold such elec11 tion. The Interim Council shall provide notice of the time, 

12 place, and purpose of such meeting and election to mem13 bers described in section 7(d) not less than 10 days before 

14 each general meeting or election. 

15 SEC. 6. TRIBAL CONSTITUTION AND BYLAWS; TRIBAL GOV16 ERNING BODY. 

17 (a) ADOPTION OF PROPOSED CONSTITUTION AND

18 BYLAWS; ELECTION.— 

19 (1) TIME AND PROCEDURE.—The Interim 

20 Council shall— 

21 (A) prepare the tribal constitution and by22 laws which shall provide for, at a minimum, the 

23 establishment of a tribal governing body and 

24 tribal membership qualifications; and 


SSpencer on DSK4SPTVN1PROD with BILLS
8 

•HR 1455 IH

1 (B) adopt such tribal constitution not later 

2 than 6 months after the date of the enactment 

3 of this Act. 

4 (2) ELECTION.—Upon the adoption of the pro5 posed tribal constitution and bylaws by the Interim 

6 Council, the Council shall request that the Secretary, 

7 in writing, schedule an election to approve or dis8 approve the adoption of such constitution and by9 laws. The Secretary shall conduct an election by se10 cret ballot in accordance with section 16 of the Act 

11 of June 18, 1934. 

12 (b) NOTICE AND CONSULTATION.—Not less than 30 

13 days before any election scheduled pursuant to subsection 

14 (a), a copy of the proposed tribal constitution and bylaws, 

15 as adopted by the Interim Council, along with a brief and 

16 impartial description of the proposed constitution and by17 laws shall be sent to each member described in section 

18 7(d). The members of the Interim Council may freely con19 sult with members of the tribe concerning the text and 

20 description of the constitution and bylaws, except that 

21 such consultation may not be carried on within 50 feet 

22 of the polling places on the date of such election. 

23 (c) MAJORITY VOTE FOR ADOPTION; PROCEDURE IN

24 EVENT OF FAILURE TO ADOPT PROPOSED CONSTITU25 TION.— 


SSpencer on DSK4SPTVN1PROD with BILLS
9 

•HR 1455 IH

1 (1) MAJORITY VOTE FOR ADOPTION.—In any 

2 election held pursuant to subsection (a), a vote of a 

3 majority of those actually voting shall be necessary 

4 and sufficient for the approval of the adoption of the 

5 tribal constitution and bylaws. 

6 (2) PROCEDURE IN EVENT OF FAILURE TO

7 ADOPT PROPOSED CONSTITUTION.—If in any such 

8 election such majority does not approve the adoption 

9 of the proposed tribal constitution and bylaws, the 

10 Interim Council shall be responsible for preparing 

11 another tribal constitution and other bylaws in the 

12 same manner provided in this section for the first 

13 proposed constitution and bylaws. The new proposed 

14 constitution and bylaws shall be adopted by the In15 terim Council not later than 6 months after the date 

16 of the election in which the first proposed constitu17 tion and bylaws failed to be adopted. An election on 

18 the question of the adoption of the new proposal of 

19 the Interim Council shall be conducted in the same 

20 manner provided in subsection (a)(2) for the election 

21 on the first proposed constitution and bylaws. 

22 (d) ELECTION OF TRIBAL GOVERNING BODY.—Not 

23 later than 120 days after the tribe approves the adoption 

24 of the tribal constitution and bylaws and subject to the 

25 approval of the Secretary, the Interim Council shall conVerDate Sep 11 2014 05:40 Mar 16, 2017 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1455.IH H1455

SSpencer on DSK4SPTVN1PROD with BILLS
10 

•HR 1455 IH

1 duct an election, by secret ballot, to elect the tribal gov2 erning body established under such constitution and by3 laws. Notwithstanding any provision of the tribal constitu4 tion and bylaws, absentee and write-in balloting shall be 

5 permitted in an election under this subsection. 

6 SEC. 7. MEMBERSHIP ROLLS; VOTING RIGHTS OF MEMBER. 

7 (a) MEMBERSHIP ROLL ESTABLISHED AND

8 OPENED.—The membership roll of the tribe is established 

9 and open. 

10 (b) CRITERIA GOVERNING ELIGIBILITY.— 

11 (1) MEMBERSHIP PRIOR TO ELECTION.—Until 

12 the first election of the tribal governing body is held 

13 pursuant to section 6(d), the membership of the 

14 Clatsop-Nehalem Confederated Tribes shall consist 

15 as follows: 

16 (A) Any person who can document being a 

17 direct descent from a Clatsop or Nehalem 

18 (Naalem) Tillamook Indian (or both) on the 

19 tribal rolls compiled— 

20 (i) in 1906 by Charles E. McChesney, 

21 Supervisor of Indian School. 

22 (B) Any person found eligible by the Port23 land, Oregon, Area Office of the Bureau of In24 dian Affairs who would satisfy enrollment re25 quirements under— 


SSpencer on DSK4SPTVN1PROD with BILLS
11 

•HR 1455 IH

1 (i) the Act of August 24, 1912 (37 

2 Stat. 518–535); 

3 (ii) the Act of August 30, 1964 (78 

4 Stat. 639); or 

5 (iii) part 43 of title 25, Code of Fed6 eral Regulations. 

7 (C) Any person who descends from those 

8 Indians who were signers of the treaties be9 tween the United States and the Clatsop Tribe 

10 and the Nehalem Band of the Tillamooks at 

11 Tansy Point, August 5 and 6, 1851 (Vol. 1, pp. 

12 7–13; Records Concerning Negotiation of Trea13 ties, 1851–1855; Oregon Superintendency (Na14 tional Archives Microfilm Publication M2, roll 

15 28); Records of the Bureau of Indian Affairs, 

16 Record Group 75; National Archives Building, 

17 Washington, DC). 

18 (D) Any person who can document their 

19 direct descent from a Clatsop or Nehalem 

20 Tillamook Indian on any other Federal, State, 

21 Indian, or church record. 

22 (E) Descends from those Indians who were 

23 members of the Hobsonville Community. 

24 (F) All children born to a member of the 

25 tribe. 


SSpencer on DSK4SPTVN1PROD with BILLS
12 

•HR 1455 IH

1 (2) MEMBERSHIP AFTER ELECTION.—After the 

2 first election of the tribal governing body is held 

3 pursuant to section 6(d), the provisions of the con4 stitution and bylaws adopted in accordance with sec5 tion 6(a) shall govern membership in the tribe. 

6 (c) DUAL MEMBERSHIP.—Any person who is enrolled 

7 in any other federally recognized Indian tribe, band, or 

8 community or native corporation shall not, at the same 

9 time be enrolled in the tribe. 

10 (d) PROCEDURES FOR VERIFICATION OF ELIGI11 BILITY.— 

12 (1) BEFORE ELECTION OF INTERIM COUNCIL.— 

13 Before the election of the members of the Interim 

14 Council is held pursuant to section 5(b), verification 

15 of descendancy, for purposes of enrollment and age 

16 for purposes of voting rights under subsection (d) 

17 shall be made upon oath before the Secretary whose 

18 determination thereon shall be final. 

19 (2) AFTER ELECTION OF INTERIM COUNCIL.— 

20 After the election of the members of the Interim 

21 Council is held pursuant to section 5(b), but before 

22 the first election of the members of the tribal gov23 erning body is held pursuant to section 6(d), the 

24 verification of descendancy and age shall be made 

25 upon oath before the Interim Council, or its authorVerDate Sep 11 2014 05:40 Mar 16, 2017 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1455.IH H1455

SSpencer on DSK4SPTVN1PROD with BILLS
13 

•HR 1455 IH

1 ized representative. An individual may appeal the ex2 clusion of the individual’s name from the member3 ship roll of the tribe to the Secretary, who shall 

4 make a final determination of each such appeal 

5 within 90 days after such an appeal has been filed 

6 with him. The determination of the Secretary with 

7 respect to such an appeal shall be final. 

8 (3) AFTER ELECTION OF TRIBAL GOVERNING

9 BODY.—After the first election of the members of 

10 the tribal governing body is held pursuant to section 

11 6(d), the provisions of the constitution and bylaws 

12 adopted in accordance with section 6(a) shall govern 

13 the verification of any requirements for membership 

14 in the tribe. The Interim Council and the Secretary 

15 shall deliver their records and files and any other 

16 material relating to the enrollment of tribal members 

17 to such tribal governing body. 

18 (4) PUBLICATION OF MEMBERSHIP ROLL.—Not 

19 less than 60 days before the election under section 

20 6(a), the Secretary shall publish in the Federal Reg21 ister a certified copy of the membership roll of the 

22 tribe as of the date of such publication. Such mem23 bership roll shall include the names of all individuals 

24 who were enrolled by the Secretary, either directly 

25 under paragraph (1) or pursuant to an appeal under 


SSpencer on DSK4SPTVN1PROD with BILLS
14 

•HR 1455 IH

1 paragraph (2), and by the Interim Council under 

2 paragraph (2). 

3 (e) VOTING RIGHTS OF MEMBER.—Each member 

4 who is 18 years of age or older shall be eligible to— 

5 (1) attend, participate in, and vote at each gen6 eral council meeting; 

7 (2) nominate candidates for any office; 

8 (3) run for any office; and 

9 (4) vote in any election of members to the In10 terim Council and to such other tribal governing 

11 body as may be established under the constitution 

12 and bylaws adopted in accordance with section 6. 

13 SEC. 8. REGULATIONS. 

14 The Secretary may promulgate such regulations as 

15 may be necessary to carry out the provisions of this Act. 

16 SEC. 9. NO PRECEDENT. 

17 Nothing in this Act establishes a precedent or shall 

18 be construed to affect any decision or other action related 

19 to restoration or recognition of any Indian tribe other than 

20 the Clatsop-Nehalem Confederated Tribes of Oregon. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS