I
103D CONGRESS
2D SESSION
H. R. 5050
To restore Federal recognition to the Paskenta Band of Nomlaki Indians
of California.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 19, 1994
Mr. FAZIO (for himself, Mr. MILLER of California, and Mr. RICHARDSON) in-
troduced the following bill; which was referred to the Committee on Natu-
ral Resources
A BILL
To restore Federal recognition to the Paskenta Band of
Nomlaki Indians 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 ‘‘Paskenta Band Res-
toration Act’’.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘Tribe’’ means the Paskenta
Band of Nomlaki Indians of the Paskenta 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 7.
(4) The term ‘‘member’’ means an individual
who meets the membership criteria under section
6(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 5.
(7) The term ‘‘service area’’ means the counties
of Tehama and Glenn, in the State of California.
SEC. 3. RESTORATION OF FEDERAL RECOGNITION, RIGHTS,
AND PRIVILEGES.
(a) FEDERAL RECOGNITION.—Federal recognition is
hereby extended to the Tribe. Except as otherwise pro-
vided in this Act, all laws and regulations of general appli-
cation to Indians and 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; 72 Stat.
619), 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.—Without
regard to the existence of a reservation, the Tribe and its
members shall be eligible, on and after the date of enact-
ment of this Act, for all Federal services and benefits fur-
nished to federally recognized Indian tribes or their mem-
bers. In the case of Federal services available to members
of federally recognized Indian tribes residing on a reserva-
tion, 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. 4. 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 two years after the adoption of a tribal con-
stitution as provided in section 8, 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 5.
SEC. 5. TRANSFER OF LAND TO BE HELD IN TRUST.
(a) LANDS TO BE TAKEN IN TRUST.—The Secretary
shall accept any real property located in Tehama 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
to such property, including outstanding liens, mortgages,
or taxes owned. 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) 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 and shall be part of the Tribe’s reservation.
(c) LANDS TO BE NONTAXABLE.—Any real property
conveyed or transferred to the Secretary and taken into
trust for the benefit of the Tribe under this section shall
be exempt from all local, State, and Federal taxation as
of the date of such transfer.
SEC. 6. MEMBERSHIP ROLLS.
(a) COMPILATION OF TRIBAL MEMBERSHIP ROLL.—
Within one year after the date of the enactment of this
Act, the Secretary shall, after consultation with the Tribe,
compile a membership roll of the Tribe.
(b) CRITERIA FOR MEMBERSHIP.—(1) Until a tribal
constitution is adopted pursuant to section 8, an individ-
ual shall be placed on the membership roll if such individ-
ual is living, is not an enrolled member of another feder-
ally recognized Indian tribe, is of Nomlaki Indian ances-
try, and if—
(A) such individual’s name was listed on the
Paskenta Indian Rancheria distribution roll compiled
on February 26, 1959, by the Bureau of Indian Af-
fairs and approved by the Secretary of the Interior
on July 7, 1959, pursuant to Public Law 85–671;
(B) such individual was not listed on the
Paskenta Indian Rancheria distribution list, but met
the requirements that had to be met to be listed on
the Paskenta Indian Rancheria list;
(C) such individual is identified as an Indian
from Paskenta in any of the official or unofficial
rolls of Indians prepared by the Bureau of Indian
Affairs; or
(D) such individual is a lineal descendant of an
individual, living or dead, identified in subparagraph
(A), (B), or (C).
(2) After adoption of a tribal constitution pursuant
to section 8, such tribal constitution shall govern member-
ship in the Tribe.
(c) CONCLUSIVE PROOF OF PASKENTA INDIAN AN-
CESTRY.—For the purpose of subsection (b), the Secretary
shall accept any available evidence establishing Paskenta
Indian ancestry. The Secretary shall accept as conclusive
evidence of Paskenta Indian ancestry, information con-
tained in the census of the Indians in and near Paskenta,
prepared by Special Indian Agent John J. Terrell, in any
other roll or census of Paskenta Indians prepared by the
Bureau of Indian Affairs, and in the Paskenta Indian
Rancheria distribution list, compiled by the Bureau of In-
dian Affairs on February 26, 1959.
SEC. 7. INTERIM GOVERNMENT.
Until a new tribal constitution and bylaws are adopt-
ed and become effective under section 8, 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 Tribal Council of the Tribe on the date of the
enactment of this Act, and the Interim Council shall con-
tinue to operate in the manner prescribed for the Tribal
Council under the tribal constitution adopted December
18, 1993. Any new members filling vacancies on the In-
terim Council shall meet the membership criteria set forth
in section 6(b) and be elected in the same manner as are
Tribal Council members under the tribal constitution
adopted December 18, 1993.
SEC. 8. TRIBAL CONSTITUTION.
(a) ELECTION; TIME AND PROCEDURE.—Upon the
completion of the tribal membership roll under section
6(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. 9. GENERAL PROVISION.
The Secretary may promulgate such regulations as
may be necessary to carry out the provisions of this Act.
Æ