I 
108TH CONGRESS 
1ST SESSION 
H. R. 954
To confirm Federal recognition of the Miami Nation of Indiana. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 27, 2003
Mr. SOUDER introduced the following bill; which was referred to the 
Committee on Resources 
A BILL 
To confirm Federal recognition of the Miami Nation of 
Indiana.
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 ‘‘Miami Nation of Indi-
ana Recognition Confirmation Act’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) Historically, the Miami Indians lived in 
northern and central Indiana. 
(2) Pursuant to a series of Federal treaties, 
some Miami Indians were removed to land in Okla-
homa. Other Miami Indians remained in Indiana 
and were authorized by the Federal Government to 
do so pursuant to the Treaty of 1854. 
(3) The Treaty of 1854 confirmed reservation 
of certain lands for the use and benefit of the Miami 
Indians who remained in Indiana pursuant to that 
Treaty. 
(4) As a result, by virtue of the Treaty of 1854, 
the Miami Indians of Indiana (now known as the 
Miami Nation of Indiana) were recognized by the 
Federal Government as a separate tribal entity. 
(5) In 1897, the Secretary of the Interior, 
based on an opinion by then Assistant Attorney 
General Willis Van Devanter (now acknowledged by 
the Department of the Interior to be erroneous as a 
matter of law), purported to withdraw the acknowl-
edgement of the Miami Nation of Indiana, not with-
standing the fact that Congress has never termi-
nated the Miami Nation of Indiana, nor has it ever 
authorized the Department of the Interior to do so. 
(6) The Department of the Interior has ac-
knowledged that the Miami Nation of Indiana has 
continued to maintain its tribal identity into modern 
times.
SEC. 3. DEFINITIONS. 
For purposes of this Act: 
(1) MEMBER.—The term ‘‘member’’ means an 
individual who meets the membership criteria of the 
Tribe. 
(2) RESERVATION.—The term ‘‘reservation’’ 
means those lands acquired and held in trust by the 
Secretary for the benefit of the Tribe. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(4) SERVICE AREA.—The term ‘‘service area’’ 
means the counties of Allen, Blackford, Carroll, 
Cass, Grant, Huntington, Miami, Tippicanoe, Wa-
bash, and Whitley. 
(5) STATE.—The term ‘‘State’’ means the State 
of Indiana. 
(6) TRIBE.—The term ‘‘Tribe’’ means the 
Miami Nation of Indiana. 
SEC. 
4. 
CONFIRMATION 
OF 
FEDERAL 
RECOGNITION, 
RIGHTS, AND PRIVILEGES. 
(a) FEDERAL RECOGNITION.—Federal recognition of 
the Tribe is hereby confirmed. Except as otherwise pro-
vided in this Act, all laws and regulations of general appli-
cation to the Indians that are not inconsistent with any 
specific provision of this Act shall be applicable to the 
Tribe and its members.
(b) FEDERAL SERVICES AND BENEFITS.—
(1) IN GENERAL.—Without regard to the exist-
ence of a reservation, the Tribe and its members 
shall be eligible, on and after the date of the enact-
ment of this Act, for all Federal services and bene-
fits furnished to federally recognized Indian tribes 
residing on a reservation, and members of the Tribes 
residing in the Tribe’s service area shall be deemed 
to be residing on a reservation. 
(2) SERVICE AREA.—The Tribe’s service area 
shall be composed of Allen, Blackford, Carroll, Cass, 
Grant, Huntington, Miami, Tippicanoe, Wabash, 
and Whitley counties. 
SEC. 5. TRANSFER OF LAND TO BE HELD IN TRUST. 
(a) LANDS
IN ACQUIRED TRUST.—The Secretary 
shall process the Tribe’s applications for trust status for 
lands located within the Tribe’s service area under the 
Secretary’s regulations for ‘‘on-reservation’’ acquisitions. 
(b) NO RESERVATION LANDS CREATED.—Nothing in 
subsection (a) shall be interpreted as creating reservation 
lands. 
SEC. 6. MEMBERSHIP; CONSTITUTION. 
Upon submission by the Tribe, the Secretary shall ac-
cept the membership roll, membership criteria, and con-
stitution of the Tribe that were in use by the Tribe on 
the day before the date of the enactment of this Act. 
SEC. 7. MISCELLANEOUS. 
(a) GAMING RIGHTS WITHDRAWN.—All laws, ordi-
nances, and regulations of the State, and of its political 
subdivisions, shall govern the regulation of gambling de-
vices and the conduct of gambling or wagering by the 
Tribe on and off reservation lands. The Indian Gaming 
Regulatory Act (25 U.S.C. 2701 et seq.) shall not apply 
to the Tribe. 
(b) HUNTING, FISHING, TRAPPING, GATHERING, 
AND WATER RIGHTS.—Nothing in this Act shall expand, 
reduce, or affect in any manner any hunting, fishing, trap-
ping, gathering, or water rights of the Tribe or its mem-
bers. 
(c) 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 for taxes levied before the date of the enactment 
of this Act.
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