I 

113TH CONGRESS 

2D SESSION H. R. 5215 

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 

JULY 28, 2014 

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 


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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 his designated rep9 resentative. 

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. 


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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 (25 U.S.C. 

5 691 et seq.) or any other law, Federal recognition is ex6 tended to the Clatsop-Nehalem Confederated Tribes of Or7 egon. Nothing is this bill shall affect or diminish the treaty 

8 rights previously determined for other federally recognized 

9 Indian tribes. 

10 (b) RESTORATION OF RIGHTS AND PRIVILEGES.— 

11 Except as provided in subsection (d), all rights and privi12 leges of the tribe and the members of the tribe under any 

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

14 other Federal authority, that may have been diminished 

15 or lost under the Act approved August 13, 1954 (25 

16 U.S.C. 691 et seq.) are restored, and the provisions of 

17 such Act shall be inapplicable to the tribe and to members 

18 of the tribe after the date of the enactment of this Act. 

19 (c) FEDERAL SERVICES AND BENEFITS.—Notwith20 standing any other provision of law, the tribe and its mem21 bers shall be eligible, on and after the date of the enact22 ment of this Act, for all Federal services and benefits fur23 nished to federally recognized Indian tribes without regard 

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

25 of Federal services available to members of federally rec26 ognized Indian tribes residing on or near a reservation, 


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1 members of the tribe residing in the following counties of 

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

3 near a reservation: 

4 (1) Tillamook County. 

5 (2) Clatsop County. 

6 (d) NO HUNTING, FISHING OR TRAPPING RIGHTS

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

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

9 indirect or procedural right or advantage over individuals 

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

11 Act. 

12 (e) EFFECT ON PROPERTY RIGHTS AND OTHER OB13 LIGATIONS.—Except as otherwise specifically provided in 

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

15 property right or obligation, any contractual right or obli16 gation, or any obligation for taxes already levied. 

17 SEC. 5. INTERIM COUNCIL. 

18 (a) ESTABLISHMENT.—There is established an In19 terim Council of the tribe which shall be composed of nine 

20 members. The Interim Council shall— 

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

22 implementation of this Act; and 

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

24 tribal governing body convenes. 


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1 (b) NOMINATION AND ELECTION OF INTERIM COUN2 CIL MEMBERS.— 

3 (1) GENERAL COUNCIL MEETING.—Not later 

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

5 Act, the Secretary shall announce the date of a gen6 eral council meeting of the tribe to nominate can7 didates for election to the Interim Council. Such 

8 general council meeting shall be held not later than 

9 15 days after such announcement. 

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

11 the general council meeting held under paragraph 

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

13 ballot to elect the members of the Interim Council 

14 from among the members nominated in the general 

15 council meeting. Absentee and write-in balloting 

16 shall be permitted. 

17 (3) APPROVAL OF RESULTS.—The Secretary 

18 shall approve the results of the Interim Council elec19 tion conducted pursuant to this subsection if the 

20 Secretary is satisfied that the requirements of this 

21 section relating to the nomination and the election 

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

23 satisfied, the Secretary shall— 

24 (A) call for another general council meet25 ing to be held not later than 60 days after such 


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1 election to nominate candidates for election to 

2 the Interim Council; and 

3 (B) hold another election within 45 days of 

4 such meeting. 

5 (4) NOTICE.—The Secretary shall take any ac6 tion necessary to ensure that each member described 

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

8 purpose of each meeting and election held pursuant 

9 to this subsection not less than 10 days before the 

10 general meeting or election. 

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

12 Interim Council shall— 

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

14 under this Act; 

15 (2) with respect to any Federal service or ben16 efit for which the tribe or any member is eligible, 

17 have full authority and capacity to receive grants 

18 and to enter into contracts; 

19 (3) except as provided in subsection (d), termi20 nate on the date that the tribal governing body first 

21 convenes; and 

22 (4) with respect to any contractual right estab23 lished and any obligation entered into by the Interim 

24 Council, have the authority and capacity to bind the 

25 tribal governing body, as the successor in interest to 


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

2 6 months beginning on the date such tribal gov3 erning body first convenes. 

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

5 30 days after a vacancy occurs on the Interim Council and 

6 subject to the approval of the Secretary, the Interim Coun7 cil shall hold a general council meeting to nominate a can8 didate for election to fill such vacancy and hold such elec9 tion. The Interim Council shall provide notice of the time, 

10 place, and purpose of such meeting and election to mem11 bers described in section 7(d) not less than 10 days before 

12 each general meeting or election. 

13 SEC. 6. TRIBAL CONSTITUTION AND BYLAWS; TRIBAL GOV14 ERNING BODY. 

15 (a) ADOPTION OF PROPOSED CONSTITUTION AND

16 BYLAWS; ELECTION.— 

17 (1) TIME AND PROCEDURE.—The Interim 

18 Council shall— 

19 (A) prepare the tribal constitution and by20 laws which shall provide for, at a minimum, the 

21 establishment of a tribal governing body and 

22 tribal membership qualifications; and 

23 (B) adopt such tribal constitution not later 

24 than 6 months after the date of the enactment 

25 of this Act. 


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1 (2) ELECTION.—Upon the adoption of the pro2 posed tribal constitution and bylaws by the Interim 

3 Council, the Council shall request that the Secretary, 

4 in writing, schedule an election to approve or dis5 approve the adoption of such constitution and by6 laws. The Secretary shall conduct an election by se7 cret ballot in accordance with section 16 of the Act 

8 of June 18, 1934. 

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

10 days before any election scheduled pursuant to subsection 

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

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

13 impartial description of the proposed constitution and by14 laws shall be sent to each member described in section 

15 7(d). The members of the Interim Council may freely con16 sult with members of the tribe concerning the text and 

17 description of the constitution and bylaws, except that 

18 such consultation may not be carried on within 50 feet 

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

20 (c) MAJORITY VOTE FOR ADOPTION; PROCEDURE IN

21 EVENT OF FAILURE TO ADOPT PROPOSED CONSTITU22 TION.— 

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

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

25 majority of those actually voting shall be necessary 


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1 and sufficient for the approval of the adoption of the 

2 tribal constitution and bylaws. 

3 (2) PROCEDURE IN EVENT OF FAILURE TO

4 ADOPT PROPOSED CONSTITUTION.—If in any such 

5 election such majority does not approve the adoption 

6 of the proposed tribal constitution and bylaws, the 

7 Interim Council shall be responsible for preparing 

8 another tribal constitution and other bylaws in the 

9 same manner provided in this section for the first 

10 proposed constitution and bylaws. The new proposed 

11 constitution and bylaws shall be adopted by the In12 terim Council not later than 6 months after the date 

13 of the election in which the first proposed constitu14 tion and bylaws failed to be adopted. An election on 

15 the question of the adoption of the new proposal of 

16 the Interim Council shall be conducted in the same 

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

18 on the first proposed constitution and bylaws. 

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

20 later than 120 days after the tribe approves the adoption 

21 of the tribal constitution and bylaws and subject to the 

22 approval of the Secretary, the Interim Council shall con23 duct an election, by secret ballot, to elect the tribal gov24 erning body established under such constitution and by25 laws. Notwithstanding any provision of the tribal constituVerDate Mar 15 2010 01:31 Jul 31, 2014 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5215.IH H5215

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1 tion and bylaws, absentee and write-in balloting shall be 

2 permitted in an election under this subsection. 

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

4 (a) MEMBERSHIP ROLL ESTABLISHED AND

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

6 and open. 

7 (b) CRITERIA GOVERNING ELIGIBILITY.— 

8 (1) MEMBERSHIP PRIOR TO ELECTION.—Until 

9 the first election of the tribal governing body is held 

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

11 Clatsop-Nehalem Confederated Tribes shall consist 

12 as follows: 

13 (A) Any person who can document being a 

14 direct descent from a Clatsop or Nehalem 

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

16 tribal rolls compiled— 

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

18 Supervisor of Indian School. 

19 (B) Any person found eligible by the Port20 land, Oregon, Area Office of the Bureau of In21 dian Affairs who would satisfy enrollment re22 quirements under— 

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

24 Stat. 518–535); 


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

2 Stat. 639); or 

3 (iii) part 43 of title 25, Code of Fed4 eral Regulations. 

5 (C) Any person who descends from those 

6 Indians who were signers of the treaties be7 tween the United States and the Clatsop Tribe 

8 and the Nehalem Band of the Tillamooks at 

9 Tansy Point, August 5 and 6, 1851 (Vol. 1, p. 

10 7–13; Records Concerning Negotiation of Trea11 ties, 1851–1855; Oregon Superintendency (Na12 tional Archives Microfilm Publication M2, roll 

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

14 Record Group 75; National Archives Building, 

15 Washington, DC). 

16 (D) Any person who can document their 

17 direct descent from a Clatsop or Nehalem 

18 Tillamook Indian on any other Federal, State, 

19 Indian, or church record. 

20 (E) Descends from those Indians who were 

21 members of the Hobsonville Community. 

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

23 tribe. 

24 (2) MEMBERSHIP AFTER ELECTION.—After the 

25 first election of the tribal governing body is held 


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1 pursuant to section 6(d), the provisions of the con2 stitution and bylaws adopted in accordance with sec3 tion 6(a) shall govern membership in the tribe. 

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

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

6 community or native corporation shall not, at the same 

7 time be enrolled in the tribe. 

8 (d) PROCEDURES FOR VERIFICATION OF ELIGI9 BILITY.— 

10 (1) BEFORE ELECTION OF INTERIM COUNCIL.— 

11 Before the election of the members of the Interim 

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

13 of descendancy, for purposes of enrollment and age 

14 for purposes of voting rights under subsection (d) 

15 shall be made upon oath before the Secretary whose 

16 determination thereon shall be final. 

17 (2) AFTER ELECTION OF INTERIM COUNCIL.— 

18 After the election of the members of the Interim 

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

20 the first election of the members of the tribal gov21 erning body is held pursuant to section 6(d), the 

22 verification of descendancy and age shall be made 

23 upon oath before the Interim Council, or its author24 ized representative. An individual may appeal the ex25 clusion of his name from the membership roll of the 


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1 tribe to the Secretary, who shall make a final deter2 mination of each such appeal within 90 days after 

3 such an appeal has been filed with him. The deter4 mination of the Secretary with respect to such an 

5 appeal shall be final. 

6 (3) AFTER ELECTION OF TRIBAL GOVERNING

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

8 the tribal governing body is held pursuant to section 

9 6(d), the provisions of the constitution and bylaws 

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

11 the verification of any requirements for membership 

12 in the tribe. The Interim Council and the Secretary 

13 shall deliver their records and files and any other 

14 material relating to the enrollment of tribal members 

15 to such tribal governing body. 

16 (4) PUBLICATION OF MEMBERSHIP ROLL.—Not 

17 less than 60 days before the election under section 

18 6(a), the Secretary shall publish in the Federal Reg19 ister a certified copy of the membership roll of the 

20 tribe as of the date of such publication. Such mem21 bership roll shall include the names of all individuals 

22 who were enrolled by the Secretary, either directly 

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

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

25 paragraph (2). 


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

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

3 (1) attend, participate in, and vote at each gen4 eral council meeting; 

5 (2) nominate candidates for any office; 

6 (3) run for any office; and 

7 (4) vote in any election of members to the In8 terim Council and to such other tribal governing 

9 body as may be established under the constitution 

10 and bylaws adopted in accordance with section 6. 

11 SEC. 8. REGULATIONS. 

12 The Secretary may promulgate such regulations as 

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

Æ 


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