In the Senate of the United States,
September 30 (legislative day, September 12), 1994.
Resolved, That the bill from the House of Representa-
tives (H.R. 4228) entitled ‘‘An Act to extend Federal recogni-
tion to the United Auburn Indian Community of the Auburn
Rancheria of California’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
TITLE I—AUBURN INDIAN
RESTORATION
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Auburn Indian Restora-
tion Act’’.
SEC. 
102. 
RESTORATION 
OF 
FEDERAL 
RECOGNITION,
RIGHTS, AND PRIVILEGES.
(a) FEDERAL RECOGNITION.—Notwithstanding any
other provision of law, Federal recognition is hereby ex-
tended to the Tribe. Except as otherwise provided in this
Act, all laws and regulations of general application to Indi-
HR 4228 EAS
ans or nations, tribes, or bands of Indians that are not in-
consistent with any specific provision of this title shall be
applicable to the Tribe and its members.
(b) RESTORATION OF RIGHTS AND PRIVILEGES.—Ex-
cept as provided in subsection (d), all rights and privileges
of the Tribe and its members under any Federal treaty, Ex-
ecutive order, agreement, or statute, or under any other au-
thority which were diminished or lost under Public Law
85–671 are hereby restored and the provisions of such Act
shall be inapplicable to the Tribe and its members after the
date of enactment of this Act.
(c) FEDERAL SERVICES
AND BENEFITS.—Notwith-
standing any other provision of law, and without regard
to the existence of a reservation, the Tribe and its members
shall be eligible, on and after the date of enactment of this
Act, for all Federal services and benefits furnished to feder-
ally recognized Indian tribes or their members. In the case
of Federal services available to members of federally recog-
nized Indian tribes residing on a reservation, members of
the Tribe residing in the service area of the Tribe shall be
deemed to be residing on a reservation.
(d) HUNTING, FISHING, TRAPPING, AND
WATER
RIGHTS.—Nothing in this title shall expand, reduce, or af-
fect in any manner any hunting, fishing, trapping, gather-
ing, or water right of the Tribe and its members.
HR 4228 EAS
(e) INDIAN REORGANIZATION ACT APPLICABILITY.—
The Act of June 18, 1934 (48 Stat. 984 et seq., chapter
576; 25 U.S.C. 461 et seq.), shall be applicable to the Tribe
and its members.
(f) CERTAIN RIGHTS NOT ALTERED.—Except as spe-
cifically provided in this title, nothing in this title shall
alter any property right or obligation, any contractual
right or obligation, or any obligation for taxes levied.
SEC. 103. ECONOMIC DEVELOPMENT.
(a) PLAN FOR ECONOMIC DEVELOPMENT.—The Sec-
retary shall—
(1) enter into negotiations with the governing
body of the Tribe with respect to establishing a plan
for economic development for the Tribe;
(2) in accordance with this section and not later
than 2 years after the adoption of a tribal constitu-
tion as provided in section 107, develop such a plan;
and
(3) upon the approval of such plan by the gov-
erning body of the Tribe, submit such plan to Con-
gress.
(b) RESTRICTIONS.—Any proposed transfer of real
property contained in the plan developed by the Secretary
under subsection (a) shall be consistent with the require-
ments of section 104.
HR 4228 EAS
SEC. 104. TRANSFER OF LAND TO BE HELD IN TRUST.
(a) LANDS TO BE TAKEN IN TRUST.—The Secretary
shall accept any real property located in Placer County,
California, for the benefit of the Tribe if conveyed or other-
wise transferred to the Secretary if, at the time of such con-
veyance or transfer, there are no adverse legal claims on
such property, including any outstanding liens, mortgages,
or taxes owed. The Secretary may accept any additional
acreage in the service area of the Tribe pursuant to the au-
thority of the Secretary under the Act of June 18, 1934 (48
Stat. 984 et seq., chapter 576; 25 U.S.C. 461 et seq.).
(b) FORMER
TRUST
LANDS
OF
THE
AUBURN
RANCHERIA.—Subject to the conditions specified in this sec-
tion, real property eligible for trust status under this section
shall include fee land held by the White Oak Ridge Associa-
tion, Indian owned fee land held communally pursuant to
the distribution plan prepared and approved by the Bureau
of Indian Affairs on August 13, 1959, and Indian owned
fee land held by persons listed as distributees or dependent
members in such distribution plan or the Indian heirs or
successors in interest of such distributees or dependent mem-
bers.
(c) LANDS TO BE PART OF THE RESERVATION.—Sub-
ject to the conditions imposed by this section, any real prop-
erty conveyed or transferred under this section shall be
taken in the name of the United States in trust for the Tribe
HR 4228 EAS
or, as applicable, an individual member of the Tribe, and
shall be part of the reservation of the Tribe.
SEC. 105. MEMBERSHIP ROLLS.
(a) COMPILATION OF TRIBAL MEMBERSHIP ROLL.—
Within 1 year after the date of the enactment of this Act,
the Secretary shall, after consultation with the Tribe, com-
pile a membership roll of the Tribe.
(b) CRITERIA FOR ENROLLMENTS.—(1) Until a tribal
constitution is adopted pursuant to section 107, an individ-
ual shall be placed on the membership roll compiled under
this section if the individual is living, is not an enrolled
member of another federally recognized Indian tribe, is of
United Auburn Indian Community ancestry, possesses at
least one-eighth or more of Indian blood quantum, and if—
(A) the name of the individual was listed on the
Auburn Indian Rancheria distribution roll compiled
and approved by the Bureau of Indian Affairs on Au-
gust 13, 1959, pursuant to Public Law 85–671;
(B) the individual was not listed on, but met the
requirements that the individual was required to meet
to be listed on, the Auburn Indian Rancheria dis-
tribution list compiled and approved by the Bureau
of Indian Affairs on August 13, 1959, pursuant to
Public Law 85–671; or
HR 4228 EAS
(C) the individual is a lineal descendant of an
individual, living or dead, identified in subparagraph
(A) or (B).
(2) After the adoption of a tribal constitution pursuant
to section 107, such tribal constitution shall govern member-
ship in the Tribe, except that in addition to meeting any
other criteria imposed in such tribal constitution, any per-
son added to the membership roll of the Tribe shall be of
United Auburn Indian Community ancestry and shall not
be an enrolled member of another federally recognized In-
dian tribe.
(c) CONCLUSIVE PROOF OF UNITED AUBURN INDIAN
COMMUNITY ANCESTRY.—For the purpose of subsection (b),
the Secretary shall accept any available evidence establish-
ing United Auburn Indian Community ancestry. The Sec-
retary shall accept as conclusive evidence of United Auburn
Indian Community ancestry information contained in the
Auburn Indian Rancheria distribution list compiled by the
Bureau of Indian Affairs on August 13, 1959.
SEC. 106. INTERIM GOVERNMENT.
Until a new tribal constitution and bylaws are adopt-
ed and become effective under section 107, the governing
body of the Tribe shall be an Interim Council. The initial
membership of the Interim Council shall consist of the mem-
bers of the Executive Council of the Tribe on the date of
HR 4228 EAS
the enactment of this Act, and the Interim Council shall
continue to operate in the manner prescribed for the Execu-
tive Council under the tribal constitution of the Tribe
adopted on July 20, 1991, to the extent that such constitu-
tion is not contrary to Federal law. Any new members fill-
ing vacancies on the Interim council shall meet the enroll-
ment criteria set forth in section 105(b) and be elected in
the same manner as are Executive Council members under
the tribal constitution adopted July 20, 1991.
SEC. 107. TRIBAL CONSTITUTION.
(a) ELECTION; TIME
AND PROCEDURE.—Upon the
completion of the tribal membership roll under section
105(a), and upon the written request of the Interim Coun-
cil, the Secretary shall conduct, by secret ballot, an election
for the purpose of adopting a constitution and bylaws for
the Tribe. The election shall be held according to section
16 of the Act of June 18, 1934 (48 Stat. 987, chapter 576;
25 U.S.C. 476), except that absentee balloting shall be per-
mitted without regard to voter residence.
(b) ELECTION OF TRIBAL OFFICIALS; PROCEDURES.—
Not later than 120 days after the Tribe adopts a constitu-
tion and bylaws under subsection (a), the Secretary shall
conduct an election by secret ballot for the purpose of elect-
ing tribal officials as provided in such tribal constitution.
Such election shall be conducted in accordance with the pro-
HR 4228 EAS
cedures specified in subsection (a) except to the extent that
such procedures conflict with the tribal constitution.
SEC. 108. DEFINITIONS.
For purposes of this title:
(1) The term ‘‘Tribe’’ means the United Auburn
Indian Community of the Auburn Rancheria of Cali-
fornia.
(2) The term ‘‘Secretary’’ means the Secretary of
the Interior.
(3) The term ‘‘Interim Council’’ means the gov-
erning body of the Tribe specified in section 106.
(4) The term ‘‘member’’ means any person meet-
ing the enrollment criteria under section 105(b).
(5) The term ‘‘State’’ means the State of Califor-
nia.
(6) The term ‘‘reservation’’ means those lands ac-
quired and held in trust by the Secretary for the bene-
fit of the Tribe pursuant to section 104.
(7) The term ‘‘service area’’ means the counties
of Placer, Nevada, Yuba, Sutter, El Dorado, and Sac-
ramento, in the State of California.
SEC. 109. REGULATIONS.
The Secretary may promulgate such regulations as
may be necessary to carry out the provisions of this Act.