I
106TH CONGRESS
1ST SESSION
H. R. 3262
To provide for Federal recognition of the Lower Muscogee-Creek Indian
Tribe of Georgia, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 9, 1999
Mr. BISHOP introduced the following bill; which was referred to the Committee
on Resources
A BILL
To provide for Federal recognition of the Lower Muscogee-
Creek Indian Tribe of Georgia, 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 ‘‘Lower Muscogee-Creek
Indian Tribe of Georgia Recognition Act’’.
SEC. 2. FINDINGS.
The Congress declares and finds the following:
(1) The Lower Muscogee-Creek Indian Tribe of
Georgia are descendants of and political successors
to those Indians known as the original Creek Indian
Nation at the time of initial European contact with
America.
(2) The Lower Muscogee-Creek Indian Tribe of
Georgia are descendants and political successors to
the signatories of the 1832 Treaty of Washington
which was a treaty made while the Creeks were one
nation, before removal. The Treaty involved all
Creeks, including the Upper, Middle, and Lower
Creeks, when the Creek Nation was whole and in-
tact.
(3) The Lower Muscogee-Creek Indian Tribe of
Georgia consists of over 2,500 eligible members,
most of whom continue to reside close to their ances-
tral homeland within the State of Georgia. Pursuant
to Article XII of the 1832 Treaty of Washington,
the Lower Muscogee-Creek Indian Tribe of Georgia
declined to be removed and continued to operate as
a sovereign Indian tribe comprising those Lower
Creeks declining removal under the Treaty of 1832.
(4) The Lower Muscogee-Creek Indian Tribe of
Georgia continues its political and social existence
with a viable tribal government carrying out many of
its governmental functions through its traditional
form of collective decisionmaking and social inter-
action.
(5) In 1972, when the Lower Muscogee-Creek
Indian Tribe of Georgia (also known as the
Muscogee-Creek Indian Tribe East of the Mississippi
River) petitioned the Bureau of Indian Affairs for
Federal recognition, the tribal leaders were not well
educated and the Tribe could not afford competent
counsel adequately versed in Federal Indian law.
The Tribe was unable to obtain technical assistance
in its petition which consequently lacked critical and
pertinent historical information necessary for rec-
ognition. Thus, due to technical omissions, the peti-
tion was denied on December 21, 1981.
(6) Despite the denial of the petition, the
United States Government, the government of the
State of Georgia, and local governments, have recog-
nized the political leaders of the Lower Muscogee-
Creek Indian Tribe of Georgia as leaders of a dis-
tinct political governmental entity.
SEC. 3. DEFINITIONS.
For the purposes of this Act—
(1) the term ‘‘Tribe’’ means the Lower
Muscogee-Creek Indian Tribe of Georgia;
(2) the term ‘‘Secretary’’ means the Secretary
of the Interior; and
(3) The term ‘‘member’’ means an enrolled
member of the Tribe, as of the date of enactment of
this Act, or an individual who has been placed on
the membership rolls of the Tribe in accordance with
this Act.
SEC. 4. FEDERAL RECOGNITION.
(a) IN GENERAL.—Federal recognition is hereby ex-
tended to the Tribe. All laws and regulations of general
application to Indians or nations, tribes, or bands of Indi-
ans that are not inconsistent with any specific provision
of this Act shall be applicable to the Tribe and its mem-
bers.
(b) FEDERAL BENEFITS AND SERVICES.—The Tribe
and its members shall be eligible, on or after the date of
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 without regard
to the existence of a reservation for the Tribe or the resi-
dence of any member on or near an Indian reservation.
(c) SERVICE AREA.—
(d) 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. 5. RESERVATION.
(a) LANDS TAKEN INTO TRUST.—Notwithstanding
any other provision of law, if, not later than 2 years after
the date of enactment of this Act, the Tribe transfers in-
terest in land within the boundaries of Grady County, Car-
roll County, and such other counties in the State of Geor-
gia to the Secretary, the Secretary shall take such inter-
ests in 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 land of the Tribe.
SEC. 6. BASE MEMBERSHIP ROLL.
(a) IN GENERAL.—Not later than 120 days after the
date of enactment of this Act, the Tribe shall submit to
the Secretary a membership roll consisting of all individ-
uals who are members of the Tribe. The qualifications for
inclusion in the membership roll of the Tribe shall be de-
veloped and based upon the membership provisions as con-
tained in the Tribe’s Constitution and Bill of Rights. 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 maintained and kept current.
(b) FUTURE MEMBERSHIP.—The Tribe shall have
the right to determine future membership in the Tribe;
however, in no event may an individual be enrolled as a
member of the Tribe unless the individual is a lineal de-
scendant of a person on the base membership roll, and
has continued to maintain political relations with the
Tribe.
SEC. 7. JURISDICTION.
The reservation established pursuant to this Act shall
be Indian country under Federal and tribal jurisdiction.
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