II 

110TH CONGRESS 

1ST SESSION S. 514 

To extend Federal recognition to the Muscogee Nation of Florida. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 7, 2007 

Mr. NELSON of Florida (for himself and Mr. MARTINEZ) 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 reloVerDate Aug 31 2005 04:16 Feb 09, 2007 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S514.IS S514

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1 cated from Daleville, Alabama, and other areas of 

2 southern Alabama to the State of Florida between 

3 1812 and 1887; 

4 (2) those Creek persons settled in the north 

5 Florida panhandle in autonomous communities (re6 ferred to in the constitution of the Muscogee Nation 

7 as ‘‘Townships’’), continuing the lifestyle and tradi8 tions practiced by the historic Creek Nation of Ala9 bama and Georgia; 

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

11 the ancestors of current members of the Muscogee 

12 Nation of Florida relocated and reestablished home 

13 sites, traditions, ceremonial centers, tribal govern14 ment (including through the traditional appointment 

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

16 of the State of Florida; 

17 (B) the relocation described in subparagraph 

18 (A) did not prevent the Nation from— 

19 (i) continuing to exercise the governing 

20 powers of the Nation; 

21 (ii) providing services to members of the 

22 Nation; or 

23 (iii) enjoying the communal lifestyle of the 

24 Nation; and 


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1 (C) some members of the Nation remain on 

2 original home sites of their Creek ancestors; 

3 (4) members of the Nation— 

4 (A) participated in the 1814 Treaty of Ft. 

5 Jackson and the Apalachicola Treaty of October 

6 11, 1832; and 

7 (B) were included in the Abbott-Parsons 

8 Creek Census, dated 1832 and 1833; 

9 (5) members of the Nation have established an 

10 ancestral claim to land taken from the Nation by 

11 General Andrew Jackson in the aftermath of the 

12 War of 1812 pursuant to the 1814 Treaty of Ft. 

13 Jackson; 

14 (6) beginning in 1971, the Secretary of the In15 terior distributed to members of the Nation in 3 ac16 tions per capita payments for land claim settle17 ments; 

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

19 the Northwest Florida Creek Indian Council to man20 age issues relating to Creek Indians in northwest 

21 Florida; and 

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

23 representatives to the tribal government known as 

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

25 is now the Muscogee Nation of Florida; 


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1 (8) in 1986, the Senate and House of Rep2 resentatives of the State of Florida passed resolu3 tions recognizing the Muscogee Nation of Florida as 

4 an Indian tribe; 

5 (9) the community of Bruce in Walton County, 

6 Florida, has been a governing center for the Nation 

7 for more than 150 years; 

8 (10) in the community of Bruce, the Nation— 

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

10 maintained the Antioch Cemetery, which re11 mains in use by members of the Nation as of 

12 the date of enactment of this Act; 

13 (B) between 1895 and 1947, maintained a 

14 school that was attended by members of the 

15 Nation; 

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

17 recognized by the Methodist Conference as a 

18 Native American church; and 

19 (D) maintained a ceremonial area on 

20 Bruce Creek that was attended until the late 

21 1920s; 

22 (11) the ceremonial area of the Nation, as in 

23 existence on the date of enactment of this Act— 

24 (A) is located in the community of 

25 Blountstown, Florida, 1 of the reservations reVerDate Aug 31 2005 04:16 Feb 09, 2007 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S514.IS S514

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1 ferred to in the Apalachicola Treaty of October 

2 11, 1832; and 

3 (B) is the site of continuing ceremonies, 

4 such as Green Corn, and traditional events; 

5 (12) local governments have recognized the 

6 community of Bruce as the center of tribal govern7 ment of the Nation; and 

8 (13) during the 30-year period preceding the 

9 date of enactment of this Act, the Nation has re10 ceived Federal, State, and local grants, and entered 

11 into contracts, to provide services and benefits to 

12 members of the Nation. 

13 SEC. 3. DEFINITIONS. 

14 In this Act: 

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

16 (A) an individual who is an enrolled mem17 ber of the Nation as of the date of enactment 

18 of this Act; and 

19 (B) an individual who has been placed on 

20 the membership rolls of the Nation in accord21 ance with this Act. 

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

23 Muscogee Nation of Florida (formerly known as the 

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


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

2 the Secretary of the Interior. 

3 (4) TRIBAL COUNCIL.—The term ‘‘Tribal Coun4 cil’’ means the governing body of the Nation. 

5 SEC. 4. FEDERAL RECOGNITION. 

6 (a) RECOGNITION.— 

7 (1) IN GENERAL.—Federal recognition is ex8 tended to the Nation. 

9 (2) APPLICABILITY OF LAWS.—All laws (includ10 ing regulations) of the United States of general ap11 plicability to Indians or nations, Indian tribes, or 

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

13 1934 (25 U.S.C. 461 et seq.)) that are not incon14 sistent with this Act shall be applicable to the Na15 tion and members. 

16 (b) FEDERAL SERVICES AND BENEFITS.— 

17 (1) IN GENERAL.—On and after the date of en18 actment of this Act, the Nation and members shall 

19 be eligible for all services and benefits provided by 

20 the Federal Government to federally recognized In21 dian tribes without regard to— 

22 (A) the existence of a reservation for the 

23 Nation; or 

24 (B) the location of the residence of any 

25 member on or near any Indian reservation. 


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1 (2) SERVICE AREA.—For the purpose of the de2 livery of Federal services to members, the service 

3 area of the Nation shall be considered to be— 

4 (A) the community of Bruce in Walton 

5 County, Florida; and 

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

7 which members reside that is bordered— 

8 (i) on the west by the Escambia 

9 River; and 

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

11 River. 

12 SEC. 5. CONSTITUTION AND BYLAWS. 

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

14 the Nation shall be the constitution and bylaws of the 

15 Tribal Council dated January 21, 2001 (including amend16 ments), as submitted to the Secretary for approval on rec17 ognition. 

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

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

20 shall hold a referendum for members for the purpose of 

21 adopting a new constitution and bylaws, in accordance 

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

23 476). 

24 SEC. 6. TRIBAL COUNCIL. 

25 The Tribal Council— 


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1 (1) shall represent the Nation and members; 

2 and 

3 (2) may— 

4 (A) enter into any contract, grant agree5 ment, or other agreement with any Federal de6 partment or agency; 

7 (B) carry out or administer such programs 

8 as the Tribal Council determines to be appro9 priate to carry out the contracts and agree10 ments; and 

11 (C) designate a successor in interest pur12 suant to a new constitution or bylaw of the Na13 tion adopted under section 5(b). 

14 SEC. 7. MEMBERSHIP ROLL. 

15 The membership roll of the Nation shall be deter16 mined in accordance with the membership criteria estab17 lished by the ordinance of the Nation numbered 04–01– 

18 100 and dated February 7, 2004. 

Æ 


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