I
105TH CONGRESS
2D SESSION
H. R. 4693
To provide for Federal recognition of the Qutekcak Native Tribe of Alaska
and the Tuscarora Nation of the Kau-ta-Noh, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 2, 1998
Mr. YOUNG of Alaska (for himself, Mr. HEFNER, and Mr. MCINTYRE) intro-
duced the following bill; which was referred to the Committee on Re-
sources
A BILL
To provide for Federal recognition of the Qutekcak Native
Tribe of Alaska and the Tuscarora Nation of the
Kau-ta-Noh, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE I—TUSCARORA NATION
OF THE KAU-TA-NOH
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Tuscarora Nation of
the Kau-ta-Noh Recognition Act’’.
SEC. 102. FINDINGS.
The Congress declares and finds the following:
(1) The Tuscarora Nation of the Kau-ta-Noh
are descendants and political successors to the Kau-
ta-Noh Tribe, a branch of those Indians known as
the Tuscarora Indians at the time of initial Euro-
pean contact with America.
(2) The Tuscarora Nation of the Kau-ta-Noh
consists of over 1,000 eligible members who continue
to reside close to their ancestral homeland, an area
now known as Hoke, Robeson, and Wilson Counties
within the State of North Carolina.
(3) The Tuscarora Nation of the Kau-ta-Noh
continues its political and social existence with a via-
ble tribal government carrying out many of its gov-
ernmental functions through its traditional forms of
collective decision making and social interaction.
(4) In 1989 the Tuscarora Nation of the Kau-
ta-Noh requested in writing that the United States
Government, under the Act of June 18, 1934 (25
U.S.C. 461 et seq.; commonly referred to as the ‘‘In-
dian Reorganization Act of 1934’’), recognize the
Tuscarora Nation of the Kau-ta-Noh.
(5) For 8 years the United States Government
lost the request for recognition filed by the Tusca-
rora Nation of the Kau-ta-Noh. Although the rec-
ognition request was discovered in 1997 by officials
of the United States Government within its own
files, no action has been taken by the United States
Government on that recognition request.
SEC. 103. DEFINITIONS.
For the purposes of this title:
(1) The term ‘‘Tribe’’ means the Tuscarora Na-
tion of the Kau-ta-Noh.
(2) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(3) The term ‘‘member’’ means an individual
who is included on the Tribe’s membership roll.
SEC. 104. ESTABLISHMENT OF FEDERAL TRUST RELATION-
SHIP.
(a) FEDERAL RECOGNITION.—Federal recognition is
hereby extended to the Tribe. All laws and regulations of
general application to Indians or nations, tribes, or bands
of Indians that are not inconsistent with any specific pro-
vision of this Act shall be applicable to the Tribe and its
members.
(b) FEDERAL BENEFITS AND SERVICES.—The Tribe
and its members shall be eligible, on or after the date of
the enactment of this Act, for all Federal benefits and
services furnished to federally recognized Indian tribes
and their members because of their status as Indians with-
out regard to the existence of a reservation for the Tribe
or the residence of any member on or near an Indian res-
ervation.
(c) 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.
SEC. 105. TRIBAL LANDS.
(a) LANDS TAKEN INTO TRUST.—Notwithstanding
any other provision of law, if, not later than 2 years after
the date of the enactment of this Act, the Tribe transfers
land within the boundaries of Hoke County, Robeson
County, and Wilson County, North Carolina, to the Sec-
retary, the Secretary shall take such land into trust for
the benefit of the Tribe.
(b) RESERVATION ESTABLISHED.—Land taken into
trust pursuant to subsection (a) shall be the initial res-
ervation of the Tribe.
SEC. 106. BASE MEMBERSHIP ROLL.
(a) IN GENERAL.—Not later than 18 months after
the date of enactment of this Act, the Tribe shall submit
to the Secretary a membership roll consisting of all indi-
viduals who are members of the Tribe. The qualifications
for inclusion on the membership roll of the Tribe shall be
determined by the membership clauses in the Tribe’s gov-
erning document. Upon completion of the membership roll,
the Secretary shall publish notice of such in the Federal
Register. The Tribe shall ensure that such roll is main-
tained and kept current.
(b) FUTURE MEMBERSHIP.—The Tribe shall have
the right to determine future membership in the Tribe.
SEC. 107. JURISDICTION.
The reservation established pursuant to this title
shall be Indian Country under exclusive Federal jurisdic-
tion.
SEC. 108. ORGANIZATION OF TRIBE.
(a) ORGANIZATION AND ORGANIC GOVERNING DOCU-
MENT.—The Tribe may organize for its common welfare
and adopt an appropriate instrument, in writing, to govern
the affairs of the Tribe when acting in its governmental
capacity. The Tribe shall file with the Secretary of the
Interior a copy of its organic governing document and any
amendments thereto.
(b) NEW GOVERNING DOCUMENT OR AMENDMENTS
OR REVISIONS
OF INTERIM GOVERNING DOCUMENT;
TRIBAL ELECTION.—Not less than 24 months after the
date of the enactment of this Act, the Tribe’s governing
body may propose a new governing document or amend-
ments or revisions to the interim governing document, and
the Secretary shall conduct a tribal election as to the adop-
tion of that proposed document not later than 6 months