II 

112TH CONGRESS 

1ST SESSION S. 880 

To extend Federal recognition to the Muscogee Nation of Florida. 

IN THE SENATE OF THE UNITED STATES 

MAY 4, 2011 

Mr. NELSON of Florida introduced the following bill; which was read twice and 

referred to the Committee on Indian Affairs 

A BILL 

To extend Federal recognition to the Muscogee Nation of 

Florida. 

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 ‘‘Muscogee Nation of 

5 Florida Federal Recognition Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) the Muscogee Nation of Florida is com9 prised of lineal descendants of persons who were his10 torically part of the Creek Confederacy, which relo11 cated from Daleville, Alabama, and other areas of 


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1 southern Alabama to the State of Florida between 

2 1812 and 1887; 

3 (2) those Creek persons settled in the north 

4 Florida panhandle in autonomous communities (re5 ferred to in the constitution of the Muscogee Nation 

6 as ‘‘Townships’’), continuing the lifestyle and tradi7 tions practiced by the historic Creek Nation of Ala8 bama and Georgia; 

9 (3)(A) on dissolution of the Creek Confederacy, 

10 the ancestors of current members of the Muscogee 

11 Nation of Florida relocated and reestablished home 

12 sites, traditions, ceremonial centers, tribal govern13 ment (including through the traditional appointment 

14 of tribal leaders), and tribal economy in rural areas 

15 of the State of Florida; 

16 (B) the relocation described in subparagraph 

17 (A) did not prevent the Nation from— 

18 (i) continuing to exercise the governing 

19 powers of the Nation; 

20 (ii) providing services to members of the 

21 Nation; or 

22 (iii) enjoying the communal lifestyle of the 

23 Nation; and 

24 (C) some members of the Nation remain on the 

25 original home sites of their Creek ancestors; 


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1 (4) members of the Nation— 

2 (A) participated in the 1814 Treaty of 

3 Fort Jackson and the Apalachicola Treaty of 

4 October 11, 1832; and 

5 (B) were included in the Abbott-Parsons 

6 Creek Census, dated 1832 and 1833; 

7 (5) members of the Nation have established an 

8 ancestral claim to land taken from the Nation by 

9 General Andrew Jackson in the aftermath of the 

10 War of 1812 pursuant to the 1814 Treaty of Fort 

11 Jackson; 

12 (6) beginning in 1971, the Secretary of the In13 terior distributed to members of the Nation in 3 ac14 tions per capita payments for land claim settle15 ments; 

16 (7)(A) in 1974, the State of Florida established 

17 the Northwest Florida Creek Indian Council to man18 age issues relating to Creek Indians in northwest 

19 Florida; and 

20 (B) in 1978, the Council held an election for 

21 representatives to the tribal government known as 

22 the ‘‘Florida Tribe of Eastern Creek Indians’’, which 

23 is now known as the Muscogee Nation of Florida; 


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1 (8) the community of Bruce in Walton County, 

2 Florida, has been a governing center for the Nation 

3 for more than 150 years; 

4 (9) in the community of Bruce, the Nation— 

5 (A) beginning in the early 1860s, used and 

6 maintained the Antioch Cemetery, which re7 mains in use by members of the Nation as of 

8 the date of enactment of this Act; 

9 (B) between 1895 and 1947, maintained a 

10 school that was attended by members of the 

11 Nation; 

12 (C) in 1912, established a church that is 

13 recognized by the Methodist Conference as a 

14 Native American church; and 

15 (D) maintained a ceremonial area on 

16 Bruce Creek that was attended until the late 

17 1920s; 

18 (10) the ceremonial area of the Nation, as in 

19 existence on the date of enactment of this Act— 

20 (A) is located in the community of 

21 Blountstown, Florida, one of the reservations 

22 referred to in the Apalachicola Treaty of Octo23 ber 11, 1832; and 

24 (B) is the site of continuing ceremonies, 

25 such as Green Corn, and traditional events; 


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1 (11) local governments have recognized the 

2 community of Bruce as the center of tribal govern3 ment of the Nation; and 

4 (12) during the 30-year period preceding the 

5 date of enactment of this Act, the Nation has re6 ceived Federal, State, and local grants, and entered 

7 into contracts, to provide services and benefits to 

8 members of the Nation. 

9 SEC. 3. DEFINITIONS. 

10 In this Act: 

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

12 (A) an individual who is an enrolled mem13 ber of the Nation as of the date of enactment 

14 of this Act; and 

15 (B) an individual who has been placed on 

16 the membership rolls of the Nation in accord17 ance with this Act. 

18 (2) NATION.—The term ‘‘Nation’’ means the 

19 Muscogee Nation of Florida (formerly known as the 

20 ‘‘Florida Tribe of Eastern Creek Indians’’). 

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

22 the Secretary of the Interior. 

23 (4) TRIBAL COUNCIL.—The term ‘‘Tribal Coun24 cil’’ means the governing body of the Nation. 


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1 SEC. 4. FEDERAL RECOGNITION. 

2 (a) RECOGNITION.— 

3 (1) IN GENERAL.—Federal recognition is ex4 tended to the Nation. 

5 (2) APPLICABILITY OF LAWS.—All laws (includ6 ing regulations) of the United States of general ap7 plicability to Indians or nations, Indian tribes, or 

8 bands of Indians (including the Act of June 18, 

9 1934 (25 U.S.C. 461 et seq.)) that are not incon10 sistent with this Act shall be applicable to the Na11 tion and members. 

12 (b) FEDERAL SERVICES AND BENEFITS.— 

13 (1) IN GENERAL.—On and after the date of en14 actment of this Act, the Nation and members shall 

15 be eligible for all services and benefits provided by 

16 the Federal Government to federally recognized In17 dian tribes without regard to— 

18 (A) the existence of a reservation for the 

19 Nation; or 

20 (B) the location of the residence of any 

21 member on or near any Indian reservation. 

22 (2) SERVICE AREA.—For the purpose of the de23 livery of Federal services to members, the service 

24 area of the Nation shall be considered to be— 

25 (A) the community of Bruce in Walton 

26 County, Florida; and 


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1 (B) an area in the State of Florida in 

2 which members reside that is bordered— 

3 (i) on the west by the Escambia 

4 River; and 

5 (ii) on the east by the St. Marks 

6 River. 

7 SEC. 5. CONSTITUTION AND BYLAWS. 

8 (a) IN GENERAL.—The constitution and bylaws of 

9 the Nation shall be the constitution and bylaws of the 

10 Tribal Council dated January 21, 2001 (including amend11 ments), as submitted to the Secretary for approval on rec12 ognition. 

13 (b) NEW CONSTITUTION AND BYLAWS.—On receipt 

14 of a written request of the Tribal Council, the Secretary 

15 shall hold a referendum for members for the purpose of 

16 adopting a new constitution and bylaws, in accordance 

17 with section 16 of the Act of June 18, 1934 (25 U.S.C. 

18 476). 

19 SEC. 6. TRIBAL COUNCIL. 

20 The Tribal Council— 

21 (1) shall represent the Nation and members; 

22 and 

23 (2) may— 


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1 (A) enter into any contract, grant agree2 ment, or other agreement with any Federal de3 partment or agency; 

4 (B) carry out or administer such programs 

5 as the Tribal Council determines to be appro6 priate to carry out the contracts and agree7 ments; and 

8 (C) designate a successor in interest pur9 suant to a new constitution or bylaw of the Na10 tion adopted under section 5(b). 

11 SEC. 7. MEMBERSHIP ROLL. 

12 The membership roll of the Nation shall be deter13 mined in accordance with the membership criteria estab14 lished by the ordinance of the Nation numbered 04–01– 

15 100 and dated February 7, 2004. 

Æ 


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