I
103D CONGRESS
1ST SESSION
H. R. 923
To provide Federal recognition of the Mowa Band of Choctaw Indians of
Alabama.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 17, 1993
Mr. CALLAHAN introduced the following bill; which was referred to the
Committee on Natural Resources
A BILL
To provide Federal recognition of the Mowa Band of
Choctaw Indians of Alabama.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SHORT TITLE
SECTION 1. This Act may be cited as the ‘‘Mowa
Band of Choctaw Indians Recognition Act’’.
FEDERAL RECOGNITION
SEC. 2. Federal recognition is hereby extended to the
Mowa Band of Choctaw Indians of Alabama. All Federal
laws of general application to Indians and Indian tribes
shall apply with respect to the Mowa Band of Choctaw
Indians of Alabama.
RESTORATION OF RIGHTS
SEC. 3. (a) All rights and privileges of the Mowa
Band of Choctaw Indians which may have been abrogated
or diminished before the date of enactment of this Act by
reason of any provision of Federal law that terminated
Federal recognition of the Mowa Band of Choctaw Indians
of Alabama are hereby restored and such Federal law shall
no longer apply with respect to the Band or the members
of the Band.
(b) Under the treaties entered into by the ancestors
of the Mowa Band of Choctaws, all historical tribal lands
were ceded to the United States. Congress does hereby ap-
prove and ratify such cession effective as of the date of
the said cession and said cession shall be regarded as an
extinguishment of all interest of the Mowa Band of Choc-
taws, if any, in said lands as of the date of the cession.
By virtue of the approval and ratification of the cession
of said lands, all claims against the United States, any
State or subdivision thereof, or any other person or entity,
by the Mowa Band of Choctaws, including but not limited
to, claims for trespass damages or claims for use and occu-
pancy, arising subsequent to the cession and that are
based upon any interest in or right involving such land,
shall be regarded as extinguished as of the date of the
cession.
(c) The Mowa Band of Choctaws has no historical
land claim and cannot, and shall not utilize its Federal
recognition as provided by this Act to assert any historical
land claim. As used herein, ‘‘historical land claim’’ means
a claim to land based upon a contention that the Mowa
Band of Choctaws, or its ancestors, were the native inhab-
itants of such land or based upon the Mowa Band of Choc-
taws’ status as native Americans or based upon the Mowa
Band of Choctaws’ Federal recognition as provided by this
Act.
(d) Except as otherwise specifically provided in sec-
tion 4 or any other provision of this Act, nothing in this
Act may be construed as altering or affecting—
(1) any rights or obligations with respect to
property,
(2) any rights or obligations under any con-
tract, or
(3) any obligation to pay a tax levied before the
date of enactment of this Act.
LANDS
SEC. 4. (a) All legal rights, title, and interests in
lands that are held by the Mowa Band of Choctaw Indians
of Alabama on the date of enactment of this Act are here-
by transferred to the United States in trust for the use
and benefit of the Mowa Band of Choctaw Indians of Ala-
bama.
(b)(1) Notwithstanding any other provision of law,
the Mowa Band of Choctaw Indians of Alabama shall
transfer to the Secretary of the Interior, and the Secretary
of the Interior shall accept on behalf of the United States,
any interest in lands acquired by such Band after the date
of enactment of this Act. Such lands shall be held by the
United States in trust for the benefit of the Mowa Band
of Choctaw Indians of Alabama.
(2) Notwithstanding any other provision of law, the
Attorney General of the United States shall approve any
deed or other instrument used to make a conveyance
under paragraph (1).
(c) Any lands held in trust by the United States for
the benefit of the Mowa Band of Choctaw Indians of Ala-
bama by reason of this section shall constitute the reserva-
tion of such Band.
(d) The Congress finds that the provisions of this sec-
tion are enacted at the request of the Mowa Band of Choc-
taw Indians of Alabama and are in the best interests of
such Band.
SERVICES
SEC. 5. The Mowa Band of Choctaw Indians of Ala-
bama, and the members of such Band, shall be eligible
for all services and benefits that are provided by the Fed-
eral Government to Indians because of their status as fed-
erally recognized Indians and, notwithstanding any other
provision of law, such services and benefits shall be pro-
vided after the date of enactment of this Act to the Band,
and to the members of the Band, without regard to the
existence of a reservation for the Band or the location of
the residence of any member of the Band on or near any
Indian reservation.
CONSTITUTION AND BYLAWS
SEC. 6. (a) The Mowa Band of Choctaw Indians of
Alabama may organize for its common welfare and adopt
a constitution and bylaws in accordance with regulations
prescribed by the Secretary of the Interior. The Secretary
of the Interior shall offer to assist the Band in drafting
a constitution and bylaws for the Band.
(b) Any constitution, bylaws, or amendments to the
constitution or bylaws that are adopted by the Mowa Band
of Choctaw Indians of Alabama shall take effect only after
such constitution, bylaws, or amendments are filed with
the Secretary of the Interior.
MEMBERSHIP
SEC. 7. (a) Until a constitution for the Mowa Band
of Choctaw Indians of Alabama is adopted, the member-
ship of the Band shall consist of every individual who—
(1) is named in the tribal membership roll that
is in effect on the date of enactment of this Act, or
(2) is a descendant of any individual described
in paragraph (1).