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104TH CONGRESS

2D SESSION H. R. 3671

To provide for the recognition of the United Houma Nation and to provide

for the settlement of land claims of the United Houma Nation.

IN THE HOUSE OF REPRESENTATIVES

JUNE 18, 1996

Mr. TAUZIN introduced the following bill; which was referred to the Committee

on Resources

A BILL

To provide for the recognition of the United Houma Nation

and to provide for the settlement of land claims of the

United Houma Nation.

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 ‘‘United Houma Nation

5 Recognition and Land Claims Settlement Act of 1996’’.

6 SEC. 2. DECLARATION OF POLICY, CONGRESSIONAL FIND7 INGS AND PURPOSE.

8 (a) FINDINGS.—The Congress declares and finds the

9 following:
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1 (1) It is the policy of the United States to pro2 mote tribal self-determination and economic self-suf3 ficiency and to support the resolution of disputes

4 over historical claims through settlements mutually

5 agreed to by Indian and non-Indian parties.

6 (2) The United Houma Nation have used, occu7 pied, and possessed vast tracts of lands within the

8 State of Louisiana and adjacent States, and by this

9 use, occupancy, and possession have laid claim to

10 these lands.

11 (3) The significant historical events which have

12 led to the present state of affairs include (but are

13 not limited to) the following:

14 (A) The United Houma Nation have an

15 unbroken tribal existence from time immemorial

16 and before recorded history.

17 (B) The United Houma Nation enters re18 corded history in 1682, when the explorer Rob19 ert Cavalier, Sieur de La Salle encountered this

20 tribe at the intersection of the Mississippi and

21 Red Rivers.

22 (C) By 1706, the United Houma Nation

23 reacted to the rivalry between the French and

24 English by migrating south, in order to be clos25 er to their French allies.
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1 (D) During the early 1700’s, the United

2 Houma Nation fought with other Indian tribes,

3 and the French, over lands.

4 (E) The United States assumed sov5 ereignty over these lands with the purchase of

6 the Louisiana Territory in 1803 and promised

7 all Indian tribes inhabiting the newly acquired

8 territory that their land ownership and posses9 sion would be protected and honored as such

10 ownership was protected and honored by the

11 former sovereigns of Spain and France.

12 (F) In order to protect themselves from

13 threats presented by non-Indian peoples, por14 tions of the United Houma Nation sought ref15 uge and safety in the then remote wetlands and

16 bayous of southern Louisiana where they con17 tinued their social life and existence as a tribal

18 entity.

19 (G) Members of the United Houma Nation

20 have always been accorded the status of Indians

21 as evidenced by—

22 (i) receiving educational support from

23 the Federal Government; and
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1 (ii) recognition of the United Houma

2 Nation as an Indian tribe by the State of

3 Louisiana.

4 (H) The United Houma Nation reorga5 nized their government under a corporate form

6 in the 1970’s, which culminated in the creation

7 of a corporate entity known as the ‘‘United

8 Houma Nation’’ in 1979.

9 (4) The assertion of the land claims of the

10 United Houma Nation through litigation will lead to

11 substantial economic and social hardship for a large

12 number of landowners, citizens, and communities in

13 the State of Louisiana, including the United Houma

14 Nation itself. Congress recognizes that if these

15 claims are not resolved—

16 (A) litigation against thousands of land17 owners would be likely;

18 (B) any final resolution of these disputes

19 through a process of litigation would—

20 (i) take many years and entail great

21 expenses to all parties;

22 (ii) continue economically and socially

23 damaging controversies;

24 (iii) prolong uncertainty as to the

25 ownership of property; and
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1 (iv) seriously impair long-term eco2 nomic planning and development for all

3 parties.

4 (5) The settlement of these land claims and the

5 avoidance of costly, protracted, and uncertain litiga6 tion—

7 (A) will advance the goals of the Federal

8 policy of Indian self-determination; and

9 (B) in recognition of the obligation of the

10 United States as a guardian and trustee, will be

11 in furtherance of the Federal policy of settling

12 historical Indian claims through legislation

13 rather than confrontation.

14 (b) PURPOSES.—The purposes of this Act are—

15 (1) to recognize the United Houma Nation, the

16 historical descendant of the group known in history

17 as the Houma Tribe, as a federally recognized tribe

18 on a sovereign-to-sovereign basis, with all rights,

19 benefits, and responsibilities thereto;

20 (2) to authorize and direct the Secretary of the

21 Interior to implement the terms and provisions of

22 this Act;

23 (3) to remove the cloud on titles in the State

24 of Louisiana resulting from any land claims which
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1 have been asserted, are being asserted, or may be

2 asserted, by the United Houma Nation; and

3 (4) to confirm and recognize the trust relation4 ship between the United Houma Nation and the

5 United States.

6 SEC. 3. DEFINITIONS.

7 For the purposes of this Act:

8 (1) The term ‘‘Tribe’’ means the United

9 Houma Nation, as described in the ‘‘Constitution of

10 the United Houma Nation, Inc.’’, and the ‘‘United

11 Houma Nation By-Laws’’, dated 1979 and 1983, re12 spectively, and the successor in interest to the

13 former ‘‘Houma Tribe, Inc.’’, the former ‘‘The

14 Houma Alliance, Inc.’’, and the historic Houma

15 Tribe.

16 (2) The term ‘‘claim’’ means any claim which

17 was asserted, is being asserted presently, or could be

18 asserted, by the Tribe, or by individuals as a tribal

19 claim, or any other claim, of any species or origin

20 whatsoever, of a right, title, or interest in or to real

21 property (and improvements thereon), to trespass or

22 damages to real property (and improvements there23 on), to mesne profits, or of seasonal subsistence

24 hunting, fishing, or other rights to natural re25 sources, if such claim is based or premised upon—
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1 (A) original aboriginal title; or

2 (B) aboriginal title based upon—

3 (i) use, occupancy, or possession for a

4 number of years, or

5 (ii) title confirmed or guaranteed by

6 Articles III and VI of the Treaty of Pur7 chase between the United States of Amer8 ica and France, dated April 30, 1803.

9 (3) The term ‘‘Secretary’’ means the Secretary

10 of the Interior.

11 (4) The term ‘‘State’’ means the State of Lou12 isiana.

13 SEC. 4. ESTABLISHMENT OF FEDERAL TRUST RELATION14 SHIP.

15 (a) FEDERAL RECOGNITION.—Federal recognition is

16 hereby extended to the Tribe. All laws and regulations of

17 general application to Indians and nations, tribes, or

18 bands of Indians that are not inconsistent with any spe19 cific provision of this Act shall be applicable to the Tribe

20 and its members.

21 (b) FEDERAL BENEFITS AND SERVICES.—

22 (1) IN GENERAL.—The Tribe and its members

23 shall be eligible for all Federal benefits and services

24 furnished to federally recognized Indian tribes and

25 their members because of their status as Indians.
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1 (2) SERVICE AREA.—In the case of Federal

2 services available to members of federally recognized

3 Indian tribes residing on a reservation, members of

4 the Tribe residing in the Tribe’s service area shall

5 be deemed to be residing on a reservation. For the

6 purposes of this paragraph, the term ‘‘service area’’

7 means the area comprised by the civil parishes of

8 Terrebonne, Lafourche, Jefferson, St. Mary,

9 Plaquemines, Orleans, and St. Bernard, in the State

10 of Louisiana.

11 (c) INDIAN REORGANIZATION ACT APPLICABILITY.—

12 The Act of June 18, 1934 (25 U.S.C. 461 et seq.), shall

13 be applicable to the Tribe and its members.

14 (d) EFFECT ON PROPERTY RIGHTS AND OTHER OB15 LIGATIONS.—Except as otherwise specifically provided in

16 this Act, this Act shall not affect any property right or

17 obligation, or any contractual right or obligation in exist18 ence before the date of the enactment of this Act, or for

19 any obligation for taxes assessed before that date.

20 SEC. 5. RATIFICATION OF PRIOR TRANSFERS; EXTINGUISH21 MENT OF ABORIGINAL TITLE, RIGHTS AND

22 CLAIMS.

23 (a) RATIFICATION OF TRANSFERS.—Any transfer be24 fore the date of enactment of this Act of real property
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1 (and improvements thereon) or natural resources located

2 anywhere within the United States—

3 (1) from, by, or on behalf of the Tribe, any one

4 or more of its members, or anyone purporting to be

5 a member, including (but not limited to) any trans6 fer pursuant to any treaty, compact, or statute of

7 any State, and

8 (2) from, by, or on behalf of the United States

9 to the State of Louisiana,

10 shall be deemed to have been made in accordance with

11 the Constitution and all laws of the United States, and

12 Congress hereby approves and ratifies any such transfer

13 effective as of the date of such transfer.

14 (b) ABORIGINAL TITLE.—Aboriginal title to real

15 property or natural resources described in subsection (a)

16 of the Tribe, any of its members, or anyone purporting

17 to be a member, or any other Indian, Indian Nation, or

18 Tribe or band of Indians is hereby extinguished as of the

19 date of such transfer or conveyance.

20 (c) EXTINGUISHMENT OF CLAIMS.—By virtue of the

21 approval and ratification of any transfer or conveyance of

22 real property (and improvements thereon) or natural re23 sources effected by this section, and the extinguishment

24 of aboriginal title effected thereby, all claims against the

25 United States, any State or subdivision thereof, or any
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1 other person or entity, by the Tribe, any of its members,

2 or anyone purporting to be a member, or any Indian Na3 tion, or tribe or band of Indians, arising at the time of

4 or subsequent to the transfer or conveyance, and based

5 on any interest in or right involving such real property

6 or natural resources shall be extinguished as of the date

7 of the transfer.

8 (d) EXTINGUISHMENT OF TITLE.—

9 (1) IN GENERAL.—All claims and all right, title

10 and interest that—

11 (A) the Tribe or any person or group of

12 persons purporting to be the Houma Indians, or

13 (B) any person or group of persons pur14 porting to be any other Indian, Indian Nation,

15 Tribe, or band of Indians who are descendants

16 from any of the progenitors analyzed in Section

17 VIII of the Benealogical Report (including Ap18 pendices A and B thereto)—Proposed Find19 ing—United Houma Nation, December 13,

20 1994, United States Department of the Inte21 rior, Bureau of Indian Affairs, Branch of Ac22 knowledgment and Research,

23 may have to aboriginal title, recognized title, or title

24 by grant, patent, or treaty, to the lands or interests

25 in real property (and improvements thereon) located
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1 anywhere in the United States, are hereby extin2 guished.

3 (2) EXCEPTION.—Paragraph (1) shall not

4 apply to any right, title, or interest in or to property

5 in the possession of any such person or group on the

6 date of enactment of this Act.

7 (e) BAR TO FUTURE CLAIMS.—The United States is

8 hereby barred from asserting by or on behalf of the Tribe

9 any claim arising before the date of enactment of this Act,

10 from the transfer or conveyance of any real property (and

11 improvements thereon) or natural resources by deed, act

12 of sale, or other grant, or by treaty, compact, or act of

13 law, on the grounds that such transfer or conveyance was

14 not made in accordance with the laws of the State of Lou15 isiana or laws of the United States.

16 (f) PERSONAL CLAIMS NOT AFFECTED.—Nothing in

17 this section shall be deemed to affect, diminish, or elimi18 nate the personal claim of any individual member of the

19 Tribe, or Indian, which is pursued under any law of gen20 eral applicability (other than Federal common law fraud)

21 that protects non-Indians as well as Indians.

22 SEC. 6. BASE MEMBERSHIP ROLL.

23 (a) IN GENERAL.—Within one year after the date of

24 enactment of this section, the Tribe shall submit to the

25 Secretary its base membership roll. The base membership
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1 roll shall be developed and based upon the criteria set out

2 in Article III, Section 1 of the ‘‘Constitution of the United

3 Houma Nation, Inc.’’

4 (b) FUTURE MEMBERSHIP.—The Tribe shall have

5 the right to determine future membership in the Tribe;

6 however, in no event may an individual be enrolled as a

7 member of the Tribe unless the individual is a lineal de8 scendant of a person on the base membership roll, and

9 has continued to maintain political relations with the tribe.

10 (c) MEMBER.—For the purposes of this section, the

11 term ‘‘member’’ means an enrolled member of the Tribe,

12 as of the date of the enactment of this Act, or an individ13 ual who has been placed on the membership rolls of the

14 Tribe in accordance with this section.

15 SEC. 7. TRIBAL CONSTITUTION AND GOVERNANCE.

16 (a) INDIAN REORGANIZATION ACT.—If the Tribe so

17 elects, it may organize a tribal government under the Act

18 of June 18, 1934 (25 U.S.C. 461 et seq.), commonly re19 ferred to as the ‘‘Indian Reorganization Act’’. Pursuant

20 to any such election, the Tribe shall adopt any new con21 stitution or other organic law in accordance with such Act.

22 (b) SCOPE OF CONSTITUTION.—Whether or not the

23 tribe elects under subsection (a) to organize under such
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1 Act, the Tribe may exercise such authority as is consistent

2 with this Act and its constitution.

Æ