I
106TH CONGRESS
2D SESSION
H. R. 4730
To provide for Federal recognition of the Lower Muscogee-Creek Indian
Tribe of Georgia, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 23, 2000
Mr. BISHOP (for himself, Mr. ISAKSON, Mr. LEWIS of Georgia, Ms. MCKIN-
NEY, and Mr. COLLINS) introduced the following bill; which was referred
to the Committee on Resources
A BILL
To provide for Federal recognition of the Lower Muscogee-
Creek Indian Tribe of Georgia, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Lower Muscogee-Creek
Indian Tribe of Georgia Recognition Act’’.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Lower Muscogee-Creek Indian Tribe of
Georgia are descendants of and political successors
to those Indians known as the original Creek Indian
Nation at the time of initial European contact with
America.
(2) The Lower Muscogee-Creek Indian Tribe of
Georgia are descendants and political successors to
the signatories of the 1832 Treaty of Washington,
which was a treaty made before removal while the
Creeks were one nation. The Treaty involved all
Creeks, including the Upper, Middle, and Lower
Creeks, when the Creek Nation was whole and in-
tact.
(3) The Lower Muscogee-Creek Indian Tribe of
Georgia consists of over 2,500 eligible members,
most of whom continue to reside close to their ances-
tral homeland within the State of Georgia. Pursuant
to Article XII of the 1832 Treaty of Washington,
the Lower Muscogee-Creek Indian Tribe of Georgia
declined to be removed and continued to operate as
a sovereign Indian tribe comprising those Lower
Creeks declining removal under that treaty.
(4) The Lower Muscogee-Creek Indian Tribe of
Georgia continues its political and social existence
with a viable tribal government carrying out many of
its governmental functions through its traditional
form of collective decisionmaking and social inter-
action.
(5) In 1972, when the Lower Muscogee-Creek
Indian Tribe of Georgia (also known as the
Muscogee-Creek Indian Tribe East of the Mississippi
River) petitioned the Bureau of Indian Affairs for
Federal recognition, the tribal leaders were not well
educated and the Tribe could not afford competent
counsel adequately versed in Federal Indian law.
The Tribe was unable to obtain technical assistance
in its petition which consequently lacked critical and
pertinent historical information necessary for rec-
ognition. Thus, due to technical omissions, the peti-
tion was denied on December 21, 1981.
(6) Despite the denial of the petition, the Fed-
eral Government, the government of the State of
Georgia, and local governments, have recognized the
political leaders of the Lower Muscogee-Creek In-
dian Tribe of Georgia as leaders of a distinct polit-
ical governmental entity.
SEC. 3. DEFINITIONS.
In this Act:
(1) MEMBER.—The term ‘‘member’’ means an
enrolled member of the Tribe, as of the date of en-
actment of this Act, or an individual who has been
placed on the membership rolls of the Tribe in ac-
cordance with this Act.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(3) TRIBE.—The term ‘‘Tribe’’ means the
Lower Muscogee-Creek Indian Tribe of Georgia.
SEC. 4. FEDERAL RECOGNITION.
(a) IN GENERAL.—Federal recognition is hereby ex-
tended to the Tribe. All laws and regulations of general
application to Indians or nations, tribes, or bands of Indi-
ans that are not inconsistent with any specific provision
of this Act shall be applicable to the Tribe and its mem-
bers.
(b) FEDERAL BENEFITS AND SERVICES.—The Tribe
and its members shall be eligible, on or after the date of
enactment of this Act, for all Federal benefits and services
furnished to federally recognized Indian tribes and their
members because of their status as Indians without regard
to the existence of a reservation for the Tribe or the resi-
dence of any member on or near an Indian reservation.
(c) INDIAN REORGANIZATION ACT APPLICABILITY.—
The Act of June 18, 1934 (25 U.S.C. 461 et seq.) shall
be applicable to the Tribe and its members.
SEC. 5. RESERVATION.
(a) LANDS TAKEN INTO TRUST.—Notwithstanding
any other provision of law, if, not later than 2 years after
the date of enactment of this Act, the Tribe transfers in-
terest in land within the boundaries of the State of Geor-
gia to the Secretary, the Secretary shall take such inter-
ests in land into trust for the benefit of the Tribe.
(b) RESERVATION ESTABLISHED.—Land taken into
trust pursuant to subsection (a) shall be the initial res-
ervation land of the Tribe.
(c) LIMITATION ON GAMING.—Gaming as defined
and regulated by the Indian Gaming Regulatory Act (25
U.S.C. 2701 et seq.) is prohibited on the land taken into
trust under subsection (a).
SEC. 6. BASE MEMBERSHIP ROLL.
(a) IN GENERAL.—Not later than 120 days after the
date of enactment of this Act, the Tribe shall submit to
the Secretary a membership roll consisting of all individ-
uals who are members of the Tribe. The qualifications for
inclusion in the membership roll of the Tribe shall be de-
veloped and based upon the membership provisions as con-
tained in the Tribe’s Constitution and Bill of Rights. Upon
completion of the membership roll, the Secretary shall
publish notice of such in the Federal Register. The Tribe
shall ensure that such roll is maintained and kept current.
(b) FUTURE MEMBERSHIP.—The Tribe shall have
the right to determine future membership in the Tribe,
however, in no event may an individual be enrolled as a
member of the Tribe unless the individual is a lineal de-
scendant of a person on the base membership roll, and
has continued to maintain political relations with the
Tribe.
SEC. 7. JURISDICTION.
The reservation established pursuant to this Act shall
be Indian country under Federal and tribal jurisdiction.
SEC. 8. TREATIES NOT AFFECTED.
No provision of this Act shall be construed to con-
stitute an amendment, modification, or interpretation of
any treaty to which a tribe mentioned in this Act is a party
nor to any right secured to such a tribe or to any other
tribe by any treaty.
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