H. R. 4180
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-four
An Act
To provide for the annual publication of a list of federally recognized Indian tribes,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I—WITHDRAWAL OF
ACKNOWLEDGEMENT OR RECOGNITION
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Federally Recognized Indian
Tribe List Act of 1994’’.
SEC. 102. DEFINITIONS.
For the purposes of this title:
(1) The term ‘‘Secretary’’ means the Secretary of the
Interior.
(2) The term ‘‘Indian tribe’’ means any Indian or Alaska
Native tribe, band, nation, pueblo, village or community that
the Secretary of the Interior acknowledges to exist as an Indian
tribe.
(3) The term ‘‘list’’ means the list of recognized tribes
published by the Secretary pursuant to section 104 of this
title.
SEC. 103. FINDINGS.
The Congress finds that—
(1) the Constitution, as interpreted by Federal case law,
invests Congress with plenary authority over Indian Affairs;
(2) ancillary to that authority, the United States has a
trust responsibility to recognized Indian tribes, maintains a
government-to-government relationship with those tribes, and
recognizes the sovereignty of those tribes;
(3) Indian tribes presently may be recognized by Act of
Congress; by the administrative procedures set forth in part
83 of the Code of Federal Regulations denominated ‘‘Procedures
for Establishing that an American Indian Group Exists as
an Indian Tribe;’’ or by a decision of a United States court;
(4) a tribe which has been recognized in one of these
manners may not be terminated except by an Act of Congress;
(5) Congress has expressly repudiated the policy of termi-
nating recognized Indian tribes, and has actively sought to
restore recognition to tribes that previously have been termi-
nated;
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(6) the Secretary of the Interior is charged with the respon-
sibility of keeping a list of all federally recognized tribes;
(7) the list published by the Secretary should be accurate,
regularly updated, and regularly published, since it is used
by the various departments and agencies of the United States
to determine the eligibility of certain groups to receive services
from the United States; and
(8) the list of federally recognized tribes which the Sec-
retary publishes should reflect all of the federally recognized
Indian tribes in the United States which are eligible for the
special programs and services provided by the United States
to Indians because of their status as Indians.
SEC. 104. PUBLICATION OF LIST OF RECOGNIZED TRIBES.
(a) PUBLICATION
OF
THE LIST.—The Secretary shall publish
in the Federal Register a list of all Indian tribes which the Secretary
recognizes to be eligible for the special programs and services pro-
vided by the United States to Indians because of their status
as Indians.
(b) FREQUENCY OF PUBLICATION.—The list shall be published
within 60 days of enactment of this Act, and annually on or before
every January 30 thereafter.
TITLE II—CENTRAL COUNCIL OF TLIN-
GIT AND HAIDA INDIAN TRIBES OF
ALASKA
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Tlingit and Haida Status Clari-
fication Act’’.
SEC. 202. FINDINGS.
The Congress finds and declares that—
(1) the United States has acknowledged the Central Council
of Tlingit and Haida Indian Tribes of Alaska pursuant to the
Act of June 19, 1935 (49 Stat. 388, as amended, commonly
referred to as the ‘‘Jurisdiction Act’’), as a federally recognized
Indian tribe;
(2) on October 21, 1993, the Secretary of the Interior pub-
lished a list of federally recognized Indian tribes pursuant
to part 83 of title 25 of the Code of Federal Regulations which
omitted the Central Council of Tlingit and Haida Indian Tribes
of Alaska;
(3) the Secretary does not have the authority to terminate
the federally recognized status of an Indian tribe as determined
by Congress;
(4) the Secretary may not administratively diminish the
privileges and immunities of federally recognized Indian tribes
without the consent of Congress; and
(5) the Central Council of Tlingit and Haida Indian Tribes
of Alaska continues to be a federally recognized Indian tribe.
SEC. 203. REAFFIRMATION OF TRIBAL STATUS.
The Congress reaffirms and acknowledges that the Central
Council of Tlingit and Haida Indian Tribes of Alaska is a federally
recognized Indian tribe.
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SEC. 204. DISCLAIMER.
(a) IN GENERAL.—Nothing in this title shall be interpreted
to diminish or interfere with the government-to-government rela-
tionship between the United States and other federally recognized
Alaska Native tribes, nor to vest any power, authority, or jurisdic-
tion in the Central Council of Tlingit and Haida Indian Tribes
of Alaska over other federally recognized Alaska Native tribes.
(b) CONSTITUTION OF CENTRAL COUNCIL OF THE TLINGIT AND
HAIDA INDIAN TRIBES OF ALASKA.—Nothing in this title shall be
construed as codifying the Constitution of the Central Council of
the Tlingit and Haida Indian Tribes of Alaska into Federal law.
SEC. 205. PROHIBITION AGAINST DUPLICATIVE SERVICES.
Other federally recognized tribes in Southeast Alaska shall
have precedence over the Central Council of Tlingit and Haida
Indian Tribes of Alaska in the award of a Federal compact, contract
or grant to the extent that their service population overlaps with
that of the Central Council of Tlingit and Haida Indian tribes
of Alaska. In no event shall dually enrolled members result in
duplication of Federal service funding.
TITLE III—PASKENTA BAND OF
NOMLAKI INDIANS OF CALIFORNIA
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Paskenta Band Restoration
Act’’.
SEC. 302. DEFINITIONS.
For purposes of this title:
(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 governing body
of the Tribe specified in section 307.
(4) The term ‘‘member’’ means an individual who meets
the membership criteria under section 306(b).
(5) The term ‘‘State’’ means the State of California.
(6) The term ‘‘reservation’’ means those lands acquired
and held in trust by the Secretary for the benefit of the Tribe
pursuant to section 305.
(7) The term ‘‘service area’’ means the counties of Tehama
and Glenn, in the State of California.
SEC. 303. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND
PRIVILEGES.
(a) FEDERAL
RECOGNITION.—Federal recognition is hereby
extended to the Tribe. Except as otherwise provided in this title,
all laws and regulations of general application to Indians and
nations, tribes, or bands of Indians that are not inconsistent with
any specific provision of this title shall be applicable to the Tribe
and its members.
(b) RESTORATION OF RIGHTS AND PRIVILEGES.—Except as pro-
vided in subsection (d), all rights and privileges of the Tribe and
its members under any Federal treaty, Executive order, agreement,
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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 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 federally 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 title shall expand, reduce, or affect in any manner any
hunting, fishing, trapping, gathering, 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 specifically pro-
vided in this title, nothing in this title shall alter any property
right or obligation, any contractual right or obligation, or any obliga-
tion for taxes levied.
SEC. 304. ECONOMIC DEVELOPMENT.
(a) PLAN FOR ECONOMIC DEVELOPMENT.—The Secretary shall—
(1) enter into negotiations with the governing body of the
Tribe with respect to establishing a plan for economic develop-
ment for the Tribe;
(2) in accordance with this section and not later than
two years after the adoption of a tribal constitution as provided
in section 308, develop such a plan; and
(3) upon the approval of such plan by the governing body
of the Tribe, submit such plan to the Congress.
(b) RESTRICTIONS.—Any proposed transfer of real property con-
tained in the plan developed by the Secretary under subsection
(a) shall be consistent with the requirements of section 305.
SEC. 305. 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 otherwise 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
authority 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.
SEC. 306. MEMBERSHIP ROLLS.
(a) COMPILATION OF TRIBAL MEMBERSHIP ROLL.—Within one
year after the date of the enactment of this Act, the Secretary
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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 308, an individual shall be placed
on the membership roll if such individual is living, is not an
enrolled member of another federally recognized Indian tribe, is
of Nomlaki Indian ancestry, 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 Affairs 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
308, such tribal constitution shall govern membership in the Tribe.
(c) CONCLUSIVE PROOF OF PASKENTA INDIAN ANCESTRY.—For
the purpose of subsection (b), the Secretary shall accept any avail-
able evidence establishing Paskenta Indian ancestry. The Secretary
shall accept as conclusive evidence of Paskenta Indian ancestry,
information contained 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 Indian Affairs on Feb-
ruary 26, 1959.
SEC. 307. INTERIM GOVERNMENT.
Until a new tribal constitution and bylaws are adopted and
become effective under section 308, the Tribe’s governing body
shall be an Interim Council. The initial membership of the Interim
Council shall consist of the members of the Tribal 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 Tribal Council under the tribal constitution adopted December
18, 1993. Any new members filling vacancies on the Interim Council
shall meet the membership criteria set forth in section 306(b) and
be elected in the same manner as are Tribal Council members
under the tribal constitution adopted December 18, 1993.
SEC. 308. TRIBAL CONSTITUTION.
(a) ELECTION; TIME
AND PROCEDURE.—Upon the completion
of the tribal membership roll under section 306(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 constitu-
tion 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 resi-
dence.
(b) ELECTION OF TRIBAL OFFICIALS; PROCEDURES.—Not later
than 120 days after the Tribe adopts a constitution and bylaws
under subsection (a), the Secretary shall conduct an election by
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secret ballot for the purpose of electing tribal officials as provided
in such tribal constitution. Such election shall be conducted accord-
ing to the procedures specified in subsection (a) except to the
extent that such procedures conflict with the tribal constitution.
SEC. 309. GENERAL PROVISION.
The Secretary may promulgate such regulations as may be
necessary to carry out the provisions of this title.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.