I 

111TH CONGRESS 

2D SESSION H. R. 5149 

To extend Federal recognition to the Mowa Band of Choctaw Indians of 

Alabama, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2010 

Mr. BONNER introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To extend Federal recognition to the Mowa Band of Choctaw 

Indians of Alabama, 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; DEFINITIONS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Mowa Band of Choctaw Indians Recognition Act’’. 

6 (b) DEFINITIONS.—For the purposes of this Act: 

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

8 Mowa Band of Choctaws and Mowa Band of Choc9 taw Indians of Alabama. 


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

2 the Secretary of the Interior. 

3 SEC. 2. FEDERAL RECOGNITION. 

4 Federal recognition is hereby extended to the Mowa 

5 Band of Choctaw Indians of Alabama. All Federal laws 

6 of general application to Indians and Indian tribes shall 

7 apply with respect to the Tribe. 

8 SEC. 3. RESTORATION OF RIGHTS. 

9 (a) IN GENERAL.—All rights and privileges of the 

10 Tribe which may have been abrogated or diminished be11 fore the date of the enactment of this Act by reason of 

12 any provision of Federal law that terminated Federal rec13 ognition of the Tribe are hereby restored and such Federal 

14 law shall no longer apply with respect to the Tribe or the 

15 members of the Tribe. 

16 (b) APPROVAL OF TRANSFERS.—Under the treaties 

17 entered into by the ancestors of the Tribe, all historical 

18 tribal lands were ceded to the United States. Congress 

19 does hereby approve and ratify such cession effective as 

20 of the date of the cession and the cession shall be regarded 

21 as an extinguishment of all interest of the Tribe, if any, 

22 in said lands as of the date of the cession. By virtue of 

23 the approval and ratification of the cession of said lands, 

24 all claims against the United States, any State or subdivi25 sion thereof, or any other person or entity, by the Tribe, 


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1 including but not limited to, claims for trespass damages 

2 or claims for use and occupancy, arising subsequent to the 

3 cession and that are based upon any interest in or right 

4 involving such land, shall be regarded as extinguished as 

5 of the date of the cession. 

6 (c) HISTORICAL LAND CLAIMS.—The Tribe has no 

7 historical land claim and cannot and shall not use its Fed8 eral recognition to assert any historical land claim. As 

9 used herein, ‘‘historical land claim’’ means a claim to land 

10 based upon a contention that the Tribe, or its ancestors, 

11 were the native inhabitants of such land or based upon 

12 the Tribe’s ‘‘status as native Americans or based upon the 

13 Mowa Band of Choctaws’’ Federal recognition. 

14 (d) REQUEST AND BEST INTEREST OF TRIBE.—Con15 gress finds that the provisions of this section are enacted 

16 at the request of the Tribe and are in the best interests 

17 of the Tribe. 

18 SEC. 4. LANDS. 

19 (a) LAND TAKEN INTO TRUST.—All legal rights, 

20 title, and interests in lands that are held by the Tribe on 

21 the date of the enactment of this Act are hereby trans22 ferred, at the request of the Tribe, to the United States 

23 in trust for the use and benefit of the Tribe. 

24 (b) FUTURE LANDS INTO TRUST.—(1) Notwith25 standing any other provision of law, if the Tribe transfers 


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1 to the Secretary any interest in lands acquired by the 

2 Tribe after the date of the enactment of this Act, the Sec3 retary shall accept such land on behalf of the United 

4 States. Such lands shall be held by the United States in 

5 trust for the benefit of the Tribe. 

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

7 Attorney General of the United States shall approve any 

8 deed or other instrument used to make a conveyance 

9 under paragraph (1). 

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

11 the use and benefit of the Tribe pursuant to this section 

12 shall constitute the reservation of the Tribe. 

13 (d) Congress finds that the provisions of this section 

14 are enacted at the request of the Tribe and are in the 

15 best interests of the Tribe. 

16 SEC. 5. SERVICES AND BENEFITS. 

17 The Tribe, and the members of the Tribe, shall be 

18 eligible for all services and benefits that are provided by 

19 the Federal Government to Indians because of their status 

20 as federally recognized Indians and, notwithstanding any 

21 other provision of law, such services and benefits shall be 

22 provided after the date of the enactment of this Act to 

23 the Tribe, and to the members of the Tribe, without re24 gard to the existence of a reservation for the Tribe or the 


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1 location of the residence of any member of the Tribe on 

2 or near an Indian reservation. 

3 SEC. 6. CONSTITUTION AND BYLAWS. 

4 (a) IN GENERAL.—The Tribe may organize for its 

5 common welfare and adopt a constitution and bylaws in 

6 accordance with regulations prescribed by the Secretary. 

7 The Secretary shall offer to assist the Tribe in drafting 

8 a constitution and bylaws for the Tribe. 

9 (b) FILING WITH SECRETARY.—Any constitution, 

10 bylaws, or amendments to the constitution or bylaws that 

11 are adopted by the Tribe shall take effect only after such 

12 constitution, bylaws, or amendments are filed with the 

13 Secretary. 

14 SEC. 7. MEMBERSHIP. 

15 (a) INTERIM MEMBERSHIP.—Until a constitution for 

16 the Tribe is adopted, the membership of the Tribe shall 

17 consist of every individual who— 

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

19 is in effect on the date of the enactment of this Act, 

20 or 

21 (2) is a descendant of any individual described 

22 in paragraph (1). 

23 (b) MEMBERSHIP AFTER ADOPTION OF CONSTITU24 TION AND BYLAWS.—After the adoption of a constitution 

25 by the Tribe, the membership of the Tribe shall be deterVerDate Mar 15 2010 00:10 Apr 28, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5149.IH H5149

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1 mined in accordance with the terms of such constitution 

2 or any bylaws adopted under such constitution. 

3 SEC. 8. REGULATIONS. 

4 The Secretary shall prescribe such regulations as may 

5 be necessary to carry out the purposes of this Act. 

Æ 


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