I 
114TH CONGRESS 
1ST SESSION H. R. 3736 
To provide for the restoration of Federal recognition to the Clatsop-Nehalem 
Confederated Tribes of Oregon, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 9, 2015 
Ms. BONAMICI introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To provide for the restoration of Federal recognition to the 
Clatsop-Nehalem Confederated Tribes of Oregon, and for 
other purposes. 
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 ‘‘Clatsop-Nehalem Res-
toration Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) INTERIM
COUNCIL.—The term ‘‘Interim 
Council’’ means the council which is established 
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under, and the members elected pursuant to, section 
5. 
(2) MEMBER.—The term ‘‘member’’, when used 
with respect to the tribe, means an individual en-
rolled on the membership roll of the tribe in accord-
ance with section 7. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior or the Secretary’s des-
ignated representative. 
(4) TRIBAL
GOVERNING
BODY.—The term 
‘‘tribal governing body’’ means the governing body 
that is established under, and the members elected 
pursuant to, the tribal constitution and bylaws 
adopted in accordance with section 6. 
(5) TRIBE.—The term ‘‘tribe’’ means Clatsop- 
Nehalem Confederated Tribes of Oregon considered 
as one tribe in accordance with section 3. 
SEC. 3. CONSIDERATION OF THE CLATSOP-NEHALEM CON-
FEDERATED TRIBES AS ONE TRIBE. 
The Clatsop-Nehalem Confederated Tribes of Oregon 
shall be considered as one tribal unit for purposes of Fed-
eral recognition and eligibility for Federal benefits under 
section 4, the establishment of tribal self-government 
under sections 5 and 6, and the compilation of a tribal 
membership roll under section 7. 
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SEC. 4. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, 
AND PRIVILEGES. 
(a) FEDERAL RECOGNITION.—Notwithstanding any 
provision of the Act approved August 13, 1954 (25 U.S.C. 
691 et seq.), or any other law, Federal recognition is ex-
tended to the Clatsop-Nehalem Confederated Tribes of Or-
egon. Nothing is this Act shall affect or diminish the trea-
ty rights previously determined for other federally recog-
nized Indian tribes. 
(b) RESTORATION OF RIGHTS AND PRIVILEGES.— 
Except as provided in subsection (d), all rights and privi-
leges of the tribe and the members of the tribe under any 
Federal treaty, Executive order, agreement, statute, or 
other Federal authority, that may have been diminished 
or lost under the Act approved August 13, 1954 (25 
U.S.C. 691 et seq.), are restored, and the provisions of 
such Act shall be inapplicable to the tribe and to members 
of the tribe after the date of the enactment of this Act. 
(c) FEDERAL SERVICES AND BENEFITS.—Notwith-
standing any other provision of law, the tribe and its mem-
bers shall be eligible, on and after the date of the enact-
ment of this Act, for all Federal services and benefits fur-
nished to federally recognized Indian tribes without regard 
to the existence of a reservation for the tribe. In the case 
of Federal services available to members of federally rec-
ognized Indian tribes residing on or near a reservation, 
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members of the tribe residing in the following counties of 
the State of Oregon shall be deemed to be residing on or 
near a reservation: 
(1) Tillamook County. 
(2) Clatsop County. 
(d) NO HUNTING, FISHING OR TRAPPING RIGHTS 
RESTORED.—No hunting, fishing, or trapping rights of 
any nature of the tribe or of any member, including any 
indirect or procedural right or advantage over individuals 
who are not members, are granted or restored under this 
Act. 
(e) EFFECT ON PROPERTY RIGHTS AND OTHER OB-
LIGATIONS.—Except as otherwise specifically provided in 
this Act, no provision contained in this Act shall alter any 
property right or obligation, any contractual right or obli-
gation, or any obligation for taxes already levied. 
(f) NO LANDS IN TILLAMOOK COUNTY.—Notwith-
standing any provision of law, no lands shall be held in 
trust by the United States for the benefit and use of the 
tribe within the boundaries of Tillamook County, Oregon. 
SEC. 5. INTERIM COUNCIL. 
(a) ESTABLISHMENT.—There is established an In-
terim Council of the tribe which shall be composed of nine 
members. The Interim Council shall— 
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(1) represent the tribe and its members in the 
implementation of this Act; and 
(2) be the governing body of the tribe until the 
tribal governing body convenes. 
(b) NOMINATION AND ELECTION OF INTERIM COUN-
CIL MEMBERS.— 
(1) GENERAL
COUNCIL
MEETING.—Not later 
than 45 days after the date of the enactment of this 
Act, the Secretary shall announce the date of a gen-
eral council meeting of the tribe to nominate can-
didates for election to the Interim Council. Such 
general council meeting shall be held not later than 
15 days after such announcement. 
(2) ELECTION.—Not later than 45 days after 
the general council meeting held under paragraph 
(1), the Secretary shall hold an election by secret 
ballot to elect the members of the Interim Council 
from among the members nominated in the general 
council meeting. Absentee and write-in balloting 
shall be permitted. 
(3) APPROVAL
OF
RESULTS.—The Secretary 
shall approve the results of the Interim Council elec-
tion conducted pursuant to this subsection if the 
Secretary is satisfied that the requirements of this 
section relating to the nomination and the election 
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processes have been met. If the Secretary is not so 
satisfied, the Secretary shall— 
(A) call for another general council meet-
ing to be held not later than 60 days after such 
election to nominate candidates for election to 
the Interim Council; and 
(B) hold another election within 45 days of 
such meeting. 
(4) NOTICE.—The Secretary shall take any ac-
tion necessary to ensure that each member described 
in section 7(d) is given notice of the time, place, and 
purpose of each meeting and election held pursuant 
to this subsection not less than 10 days before the 
general meeting or election. 
(c) AUTHORITY AND CAPACITY; TERMINATION.—The 
Interim Council shall— 
(1) have no powers other than those given it 
under this Act; 
(2) with respect to any Federal service or ben-
efit for which the tribe or any member is eligible, 
have full authority and capacity to receive grants 
and to enter into contracts; 
(3) except as provided in subsection (d), termi-
nate on the date that the tribal governing body first 
convenes; and 
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(4) with respect to any contractual right estab-
lished and any obligation entered into by the Interim 
Council, have the authority and capacity to bind the 
tribal governing body, as the successor in interest to 
the Interim Council, for a period of not more than 
6 months beginning on the date such tribal gov-
erning body first convenes. 
(d) VACANCY ON INTERIM COUNCIL.—Not later than 
30 days after a vacancy occurs on the Interim Council and 
subject to the approval of the Secretary, the Interim Coun-
cil shall hold a general council meeting to nominate a can-
didate for election to fill such vacancy and hold such elec-
tion. The Interim Council shall provide notice of the time, 
place, and purpose of such meeting and election to mem-
bers described in section 7(d) not less than 10 days before 
each general meeting or election. 
SEC. 6. TRIBAL CONSTITUTION AND BYLAWS; TRIBAL GOV-
ERNING BODY. 
(a) ADOPTION OF PROPOSED CONSTITUTION AND 
BYLAWS; ELECTION.— 
(1) TIME
AND
PROCEDURE.—The Interim 
Council shall— 
(A) prepare the tribal constitution and by-
laws which shall provide for, at a minimum, the 
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establishment of a tribal governing body and 
tribal membership qualifications; and 
(B) adopt such tribal constitution not later 
than 6 months after the date of the enactment 
of this Act. 
(2) ELECTION.—Upon the adoption of the pro-
posed tribal constitution and bylaws by the Interim 
Council, the Council shall request that the Secretary, 
in writing, schedule an election to approve or dis-
approve the adoption of such constitution and by-
laws. The Secretary shall conduct an election by se-
cret ballot in accordance with section 16 of the Act 
of June 18, 1934. 
(b) NOTICE AND CONSULTATION.—Not less than 30 
days before any election scheduled pursuant to subsection 
(a), a copy of the proposed tribal constitution and bylaws, 
as adopted by the Interim Council, along with a brief and 
impartial description of the proposed constitution and by-
laws shall be sent to each member described in section 
7(d). The members of the Interim Council may freely con-
sult with members of the tribe concerning the text and 
description of the constitution and bylaws, except that 
such consultation may not be carried on within 50 feet 
of the polling places on the date of such election. 
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(c) MAJORITY VOTE FOR ADOPTION; PROCEDURE IN 
EVENT OF FAILURE TO ADOPT PROPOSED CONSTITU-
TION.— 
(1) MAJORITY VOTE FOR ADOPTION.—In any 
election held pursuant to subsection (a), a vote of a 
majority of those actually voting shall be necessary 
and sufficient for the approval of the adoption of the 
tribal constitution and bylaws. 
(2) PROCEDURE
IN
EVENT
OF
FAILURE
TO 
ADOPT PROPOSED CONSTITUTION.—If in any such 
election such majority does not approve the adoption 
of the proposed tribal constitution and bylaws, the 
Interim Council shall be responsible for preparing 
another tribal constitution and other bylaws in the 
same manner provided in this section for the first 
proposed constitution and bylaws. The new proposed 
constitution and bylaws shall be adopted by the In-
terim Council not later than 6 months after the date 
of the election in which the first proposed constitu-
tion and bylaws failed to be adopted. An election on 
the question of the adoption of the new proposal of 
the Interim Council shall be conducted in the same 
manner provided in subsection (a)(2) for the election 
on the first proposed constitution and bylaws. 
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(d) ELECTION OF TRIBAL GOVERNING BODY.—Not 
later than 120 days after the tribe approves the adoption 
of the tribal constitution and bylaws and subject to the 
approval of the Secretary, the Interim Council shall con-
duct an election, by secret ballot, to elect the tribal gov-
erning body established under such constitution and by-
laws. Notwithstanding any provision of the tribal constitu-
tion and bylaws, absentee and write-in balloting shall be 
permitted in an election under this subsection. 
SEC. 7. MEMBERSHIP ROLLS; VOTING RIGHTS OF MEMBER. 
(a) 
MEMBERSHIP
ROLL
ESTABLISHED
AND 
OPENED.—The membership roll of the tribe is established 
and open. 
(b) CRITERIA GOVERNING ELIGIBILITY.— 
(1) MEMBERSHIP PRIOR TO ELECTION.—Until 
the first election of the tribal governing body is held 
pursuant to section 6(d), the membership of the 
Clatsop-Nehalem Confederated Tribes shall consist 
as follows: 
(A) Any person who can document being a 
direct descent from a Clatsop or Nehalem 
(Naalem) Tillamook Indian (or both) on the 
tribal rolls compiled— 
(i) in 1906 by Charles E. McChesney, 
Supervisor of Indian School. 
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(B) Any person found eligible by the Port-
land, Oregon, Area Office of the Bureau of In-
dian Affairs who would satisfy enrollment re-
quirements under— 
(i) the Act of August 24, 1912, (37 
Stat. 518–535); 
(ii) the Act of August 30, 1964, (78 
Stat. 639); or 
(iii) part 43 of title 25, Code of Fed-
eral Regulations. 
(C) Any person who descends from those 
Indians who were signers of the treaties be-
tween the United States and the Clatsop Tribe 
and the Nehalem Band of the Tillamooks at 
Tansy Point, August 5 and 6, 1851 (Vol. 1, p. 
7–13; Records Concerning Negotiation of Trea-
ties, 1851–1855; Oregon Superintendency (Na-
tional Archives Microfilm Publication M2, roll 
28); Records of the Bureau of Indian Affairs, 
Record Group 75; National Archives Building, 
Washington, DC). 
(D) Any person who can document their 
direct descent from a Clatsop or Nehalem 
Tillamook Indian on any other Federal, State, 
Indian, or church record. 
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(E) Descends from those Indians who were 
members of the Hobsonville Community. 
(F) All children born to a member of the 
tribe. 
(2) MEMBERSHIP AFTER ELECTION.—After the 
first election of the tribal governing body is held 
pursuant to section 6(d), the provisions of the con-
stitution and bylaws adopted in accordance with sec-
tion 6(a) shall govern membership in the tribe. 
(c) DUAL MEMBERSHIP.—Any person who is enrolled 
in any other federally recognized Indian tribe, band, or 
community or native corporation shall not, at the same 
time be enrolled in the tribe. 
(d) PROCEDURES
FOR VERIFICATION
OF ELIGI-
BILITY.— 
(1) BEFORE ELECTION OF INTERIM COUNCIL.— 
Before the election of the members of the Interim 
Council is held pursuant to section 5(b), verification 
of descendancy, for purposes of enrollment and age 
for purposes of voting rights under subsection (d) 
shall be made upon oath before the Secretary whose 
determination thereon shall be final. 
(2) AFTER ELECTION OF INTERIM COUNCIL.— 
After the election of the members of the Interim 
Council is held pursuant to section 5(b), but before 
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the first election of the members of the tribal gov-
erning body is held pursuant to section 6(d), the 
verification of descendancy and age shall be made 
upon oath before the Interim Council, or its author-
ized representative. An individual may appeal the ex-
clusion of the individual’s name from the member-
ship roll of the tribe to the Secretary, who shall 
make a final determination of each such appeal 
within 90 days after such an appeal has been filed 
with him. The determination of the Secretary with 
respect to such an appeal shall be final. 
(3) AFTER ELECTION OF TRIBAL GOVERNING 
BODY.—After the first election of the members of 
the tribal governing body is held pursuant to section 
6(d), the provisions of the constitution and bylaws 
adopted in accordance with section 6(a) shall govern 
the verification of any requirements for membership 
in the tribe. The Interim Council and the Secretary 
shall deliver their records and files and any other 
material relating to the enrollment of tribal members 
to such tribal governing body. 
(4) PUBLICATION OF MEMBERSHIP ROLL.—Not 
less than 60 days before the election under section 
6(a), the Secretary shall publish in the Federal Reg-
ister a certified copy of the membership roll of the 
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tribe as of the date of such publication. Such mem-
bership roll shall include the names of all individuals 
who were enrolled by the Secretary, either directly 
under paragraph (1) or pursuant to an appeal under 
paragraph (2), and by the Interim Council under 
paragraph (2). 
(e) VOTING RIGHTS OF MEMBER.—Each member 
who is 18 years of age or older shall be eligible to— 
(1) attend, participate in, and vote at each gen-
eral council meeting; 
(2) nominate candidates for any office; 
(3) run for any office; and 
(4) vote in any election of members to the In-
terim Council and to such other tribal governing 
body as may be established under the constitution 
and bylaws adopted in accordance with section 6. 
SEC. 8. REGULATIONS. 
The Secretary may promulgate such regulations as 
may be necessary to carry out the provisions of this Act. 
SEC. 9. NO PRECEDENT. 
Nothing in this Act establishes a precedent or shall 
be construed to affect any decision or other action related 
to restoration or recognition of any Indian tribe other than 
the Clatsop-Nehalem Confederated Tribes of Oregon. 
Æ 
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