II
Calendar No. 582
103D CONGRESS
2D SESSION
H. R. 4228
[Report No. 103–340]
IN THE SENATE OF THE UNITED STATES
JULY 26 (legislative day, JULY 20), 1994
Received; read twice and referred to the Committee on Indian Affairs
AUGUST 18, 1994
Reported by Mr. INOUYE, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
AN ACT
To extend Federal recognition to the United Auburn Indian
Community of the Auburn Rancheria of California.
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 ‘‘Auburn Indian Res-
toration Act’’.
SEC. 2. 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-
ans or nations, tribes, or bands of Indians that are not
inconsistent with any specific provision of this Act shall
be applicable to the Tribe and its members.
(b) RESTORATION OF RIGHTS AND PRIVILEGES.—
Except as provided in subsection (d), all rights and privi-
leges of the Tribe and its members under any Federal
treaty, Executive order, agreement, or statute, or under
any other authority which were diminished or lost under
the Act of August 18, 1958 (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 mem-
bers shall be eligible, on and after the date of enactment
of this Act, for all Federal services and benefits furnished
to federally recognized Indian tribes or their members. In
the case of Federal services available to members of feder-
ally recognized Indian tribes residing on a reservation,
members of the Tribe residing in the Tribe’s service area
shall be deemed to be residing on a reservation.
(d) HUNTING, FISHING, TRAPPING,
AND WATER
RIGHTS.—Nothing in this Act shall expand, reduce, or af-
fect in any manner any hunting, fishing, trapping, gather-
ing, or water right of the Tribe and its members.
(e) 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.
(f) CERTAIN RIGHTS NOT ALTERED.—Except as spe-
cifically provided in this Act, nothing in this Act shall alter
any property right or obligation, any contractual right or
obligation, or any obligation for taxes levied.
SEC. 3. 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 7, develop such a plan;
and
(3) upon the approval of such plan by the gov-
erning body of the Tribe, submit such plan to the
Congress.
(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 4.
SEC. 4. 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 oth-
erwise transferred to the Secretary if, at the time of such
conveyance or transfer, there are no adverse legal claims
on such property, including outstanding liens, mortgages,
or taxes owed. The Secretary may accept any additional
acreage in the Tribe’s service area pursuant to the author-
ity of the Secretary under the Act of June 18, 1934 (25
U.S.C. 461 et seq.).
(b)
FORMER
TRUST
LANDS
OF
THE
AUBURN
RANCHERIA.—Subject to the conditions specified in this
section, real property eligible for trust status under this
section shall include fee land held by the White Oak Ridge
Association, Indian owned fee land held communally pur-
suant 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 such distributees’ or dependent members’ Indian
heirs or successors in interest.
(c) LANDS TO BE PART OF THE RESERVATION.—
Subject to the conditions imposed by this section, any real
property conveyed or transferred under this section shall
be taken in the name of the United States in trust for
the Tribe or, as applicable, an individual member of the
Tribe, and shall be part of the Tribe’s reservation.
SEC. 5. 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 trib-
al constitution is adopted pursuant to section 7, an indi-
vidual shall be placed on the membership roll if the indi-
vidual is living, is not an enrolled member of another fed-
erally 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 individual’s name was listed on the Au-
burn Indian Rancheria distribution roll compiled and
approved by the Bureau of Indian Affairs on August
13, 1959, pursuant to Public Law 85–671;
(B) the individual was not listed on, but met
the requirements that had to be met to be listed on,
the Auburn Indian Rancheria distribution list com-
piled and approved by the Bureau of Indian Affairs
on August 13, 1959, pursuant to Public Law 85–
671; or
(C) the individual is a lineal descendant of an
individual, living or dead, identified in subparagraph
(A) or (B).
(2) After adoption of a tribal constitution pursuant
to section 7, 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 shall be of United Au-
burn Indian Community ancestry and shall not be an en-
rolled member of another federally recognized Indian
tribe.
(c) CONCLUSIVE PROOF OF UNITED AUBURN INDIAN
COMMUNITY ANCESTRY.—For the purpose of subsection
(b), the Secretary shall accept any available evidence es-
tablishing United Auburn Indian Community ancestry.
The Secretary shall accept as conclusive evidence of Unit-
ed Auburn Indian Community ancestry information con-
tained in the Auburn Indian Rancheria distribution list
compiled by the Bureau of Indian Affairs on August 13,
1959.
SEC. 6. INTERIM GOVERNMENT.
Until a new tribal constitution and bylaws are adopt-
ed and become effective under section 7, the Tribe’s gov-
erning body shall be an Interim Council. The initial mem-
bership of the Interim Council shall consist of the mem-
bers of the Executive Council of the Tribe on the date
of the enactment of this Act, and the Interim Council shall
continue to operate in the manner prescribed for the Exec-
utive Council under the tribal constitution adopted July
20, 1991, as long as such constitution is not contrary to
Federal law. Any new members filling vacancies on the
Interim council shall meet the enrollment criteria set forth
in section 5(b) and be elected in the same manner as are
Executive Council members under the tribal constitution
adopted July 20, 1991.
SEC. 7. TRIBAL CONSTITUTION.
(a) ELECTION; TIME AND PROCEDURE.—Upon the
completion of the tribal membership roll under section
5(a) and upon the written request of the Interim Council,
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 (25 U.S.C. 476), except
that absentee balloting shall be permitted regardless of
voter residence.
(b)
ELECTION
OF
TRIBAL
OFFICIALS;
PROCE-
DURES.—Not later than 120 days after the Tribe adopts
a constitution and bylaws under subsection (a), the Sec-
retary shall conduct an election by secret ballot for the
purpose of electing tribal officials as provided in such trib-
al constitution. Such election shall be conducted according
to the procedures specified in subsection (a) except to the
extent that such procedures conflict with the tribal con-
stitution.
SEC. 8. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘Tribe’’ means the United Au-
burn Indian Community of the Auburn Rancheria of
California.
(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 6.
(4) The term ‘‘member’’ means those persons
meeting the enrollment criteria under section 5(b).
(5) The term ‘‘State’’ means the State of Cali-
fornia.
(6) The term ‘‘reservation’’ means those lands
acquired and held in trust by the Secretary for the
benefit of the Tribe pursuant to section 4.
(7) The term ‘‘service area’’ means the counties
of Placer, Nevada, Yuba, Sutter, El Dorado, and
Sacramento, in the State of California.
SEC. 9. REGULATIONS.
The Secretary may promulgate such regulations as
may be necessary to carry out the provisions of this Act.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Auburn Indian Restora-
tion Act’’.
SEC. 2. 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-
ans or nations, tribes, or bands of Indians that are not in-
consistent with any specific provision of this Act 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 Act shall expand, reduce, or af-
fect in any manner any hunting, fishing, trapping, gather-
ing, or water right of the Tribe and its members.
(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 Act, nothing in this Act shall alter
any property right or obligation, any contractual right or
obligation, or any obligation for taxes levied.
SEC. 3. 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 7, 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 4.
SEC. 4. 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
or, as applicable, an individual member of the Tribe, and
shall be part of the reservation of the Tribe.
SEC. 5. 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 7, an individual
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
(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 7, 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. 6. INTERIM GOVERNMENT.
Until a new tribal constitution and bylaws are adopt-
ed and become effective under section 7, the governing body
of the Tribe shall be an Interim Council. The initial mem-
bership of the Interim Council shall consist of the members
of the Executive Council of the Tribe on the date of the en-
actment of this Act, and the Interim Council shall continue
to operate in the manner prescribed for the Executive Coun-
cil under the tribal constitution of the Tribe adopted on
July 20, 1991, to the extent that such constitution is not
contrary to Federal law. Any new members filling vacancies
on the Interim council shall meet the enrollment criteria
set forth in section 5(b) and be elected in the same manner
as are Executive Council members under the tribal constitu-
tion adopted July 20, 1991.
SEC. 7. TRIBAL CONSTITUTION.
(a) ELECTION; TIME
AND PROCEDURE.—Upon the
completion of the tribal membership roll under section 5(a),
and upon the written request of the Interim Council, 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-
cedures specified in subsection (a) except to the extent that
such procedures conflict with the tribal constitution.
SEC. 8. DEFINITIONS.
For purposes of this Act:
(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 6.
(4) The term ‘‘member’’ means any person meet-
ing the enrollment criteria under section 5(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 4.
(7) The term ‘‘service area’’ means the counties
of Placer, Nevada, Yuba, Sutter, El Dorado, and Sac-
ramento, in the State of California.
SEC. 9. REGULATIONS.
The Secretary may promulgate such regulations as
may be necessary to carry out the provisions of this Act.
Passed the House of Representatives July 25, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk.
HR 4228 RS——2