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TITLE II—CHOCTAW INDIANS
RECOGNITION
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Mowa Band of Choctaw
Indians Recognition Act’’.
SEC. 202. FEDERAL RECOGNITION.
Federal recognition is hereby extended to the Mowa
Band of Choctaw Indians of Alabama. All Federal laws of
general application to Indians and Indian tribes shall
apply with respect to the Mowa Band of Choctaw Indians
of Alabama.
SEC. 203. RESTORATION OF RIGHTS.
(a) IN GENERAL.—All rights and privileges of the
Mowa Band of Choctaw Indians which may have been abro-
gated or diminished before the date of enactment of this Act
by reason of any provision of Federal law that terminated
Federal recognition of the Mowa Band of Choctaw Indians
of Alabama are hereby restored and such Federal law shall
no longer apply with respect to the Band or the members
of the Band.
(b) CONGRESSIONAL APPROVAL.—(1) Congress finds
that under the treaties entered into by the ancestors of the
Mowa Band of the Choctaw Indians all historical tribal
lands were ceded to the United States.
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(2) Congress hereby approve and ratifies such cession
effective as of the date of the such cession and such cession
shall be regarded as an extinguishment of all interest of the
Mowa Band of Choctaw Indians, if any, in such lands as
of the date of the cession.
(3) By virtue of the approval and ratification of the
cession of such lands, all claims against the United States,
any State or subdivision thereof, or any other person or
entity, by the Mowa Band of Choctaw Indians, including
claims for trespass damages or claims for use and occu-
pancy, arising subsequent to the cession that are based upon
any interest in or right involving such land, shall be consid-
ered as extinguished as of the date of the cession.
(c) CLAIMS.—(1) The Mowa Band of Choctaw Indians
may not be considered to have a historical land claim.
(2) The Mowa Band of Chowtaw Indians may not use
the Federal recognition provided to the Mowa Band of Choc-
taw Indians under this Act to assert any historical land
claim.
(3) As used in this subsection the term ‘‘historical land
claim’’ means a claim to land based upon—
(A) a contention that the Mowa Band of Choc-
taw Indians, or its ancestors, were the native inhab-
itants of such land;
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(B) the status of Mowa Band of Choctaw Indi-
ans as native Americans; or
(C) the Federal recognition of the Mowa Band of
Choctaw Indians, as provided by this title.
(d) STATUTORY CONSTRUCTION.—Except as otherwise
specifically provided in section 204 or any other provision
of this title, nothing in this title may be construed as alter-
ing or affecting—
(1) any rights or obligations with respect to
property;
(2) any rights or obligations under any contract;
or
(3) any obligation to pay a tax levied before the
date of enactment of this Act.
SEC. 204. LANDS.
(a) IN GENERAL.—All legal rights, title, and interests
in lands that are held by the Mowa Band of Choctaw Indi-
ans of Alabama on the date of enactment of this Act are
hereby transferred to the United States to be held in trust
for the use and benefit of the Mowa Band of Choctaw Indi-
ans of Alabama.
(b) INTERESTS.—(1)(A) Notwithstanding any other
provision of law, the Mowa Band of Choctaw Indians of
Alabama shall transfer to the Secretary of the Interior, and
the Secretary of the Interior shall accept on behalf of the
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United States, any interest in lands acquired by such Band
after the date of enactment of this Act.
(B) Such lands shall be held by the United States in
trust for the benefit of the Mowa Band of Choctaw Indians
of Alabama.
(2) Notwithstanding any other provision of law, the
Attorney General of the United States shall approve any
deed or other instrument used to make a conveyance under
paragraph (1).
(c) RESERVATION.—Any lands held in trust by the
United States for the benefit of the Mowa Band of Choctaw
Indians of Alabama by reason of this section shall con-
stitute the reservation of the Mowa Band of Choctaw Indi-
ans of Alabama.
(d) FINDINGS.—Congress finds that the provisions of
this section—
(1) are enacted at the request of the Mowa Band
of Choctaw Indians of Alabama; and
(2) are in the best interest of such Band.
SEC. 205. SERVICES.
The Mowa Band of Choctaw Indians of Alabama, and
the members of such Band, shall be eligible for all services
and benefits that are provided by the Federal Government
to Indians because of their status as federally recognized
Indians. Notwithstanding any other provision of law, such
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services and benefits shall be provided after the date of en-
actment of this Act to the Band, and to the members of
the Band, without regard to the existence of a reservation
for the Band or the location of the residence of any member
of the Band on or near any Indian reservation.
SEC. 206. CONSTITUTION AND BYLAWS.
(a) IN GENERAL.—The Mowa Band of Choctaw Indi-
ans of Alabama may organize for the common welfare of
the Band and adopt a constitution and bylaws in accord-
ance with regulations prescribed by the Secretary of the In-
terior. The Secretary of the Interior shall offer to assist the
Band in drafting a constitution and bylaws for the Band.
(b) FILING.—Any constitution, bylaws, or amend-
ments to the constitution or bylaws that are adopted by the
Mowa Band of Choctaw Indians of Alabama shall take ef-
fect only after such constitution, bylaws, or amendments are
filed with the Secretary of the Interior.
SEC. 207. MEMBERSHIP.
(a) IN GENERAL.—Until a constitution for the Mowa
Band of Choctaw Indians of Alabama is adopted, the mem-
bership of the Band shall consist of each individual who—
(1) is named in the tribal membership roll that
is in effect on the date of enactment of this Act, or
(2) is a descendant of any individual described
in paragraph (1).
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(b) AFTER THE ADOPTION OF A CONSTITUTION.—After
the adoption of a constitution by the Mowa Band of Choc-
taw Indians of Alabama, the membership of the Band shall
be determined in accordance with the terms of such con-
stitution or any bylaws adopted under such constitution.
SEC. 208. REGULATIONS.
The Secretary of the Interior shall prescribe such regu-
lations as may be necessary to carry out the purposes of
this title.
Attest:
Secretary.
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