I
103D CONGRESS
2D SESSION
H. R. 4228
To extend Federal recognition to the United Auburn Indian Community
of the Auburn Rancheria of California.
IN THE HOUSE OF REPRESENTATIVES
APRIL 14, 1994
Mr. MILLER of California (for himself, Mr. DOOLITTLE, and Mr. RICHARD-
SON) introduced the following bill; which was referred to the Committee
on Natural Resources
A BILL
To extend Federal recognition to the United Auburn Indian
Community of the Auburn Rancheria of California.
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 ‘‘Auburn Indian Res-
toration Act’’.
SEC. 2. RESTORATION OF FEDERAL RECOGNITION, RIGHTS,
AND PRIVILEGES.
(a) FEDERAL RECOGNITION.—Notwithstanding any
provision of law, Federal recognition is hereby extended
to the Tribe. Except as otherwise provided in this Act,
all laws and regulations of general application to Indians
or nations, tribes, or bands of Indians that are not incon-
sistent with any specific provision of this Act shall be ap-
plicable to the Tribe and its members.
(b) RESTORATION OF RIGHTS AND PRIVILEGES.—
Except as provided in subsection (d), all rights and privi-
leges of the Tribe and its members under any Federal
treaty, Executive order, agreement, or statute, or under
any other authority which were diminished or lost under
the Act of August 18, 1958 (Public Law 85–671), 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.—Notwith-
standing any other provision of law and without regard
to the existence of a reservation, the Tribe and its mem-
bers 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 feder-
ally 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. Notwith-
standing any other provision of law, the Tribe shall be con-
sidered an Indian tribe for the purpose of the Indian Trib-
al Governmental Tax Status Act of 1982 (26 U.S.C.
7871).
(d) HUNTING, FISHING, TRAPPING, AND WATER
RIGHTS.—Nothing in this Act shall expand, reduce, or af-
fect in any manner any hunting, fishing, trapping, gather-
ing, 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 spe-
cifically provided in this Act, nothing in this Act shall alter
any property right or obligation, any contractual right or
obligation, or any obligation for taxes levied.
SEC. 3. ECONOMIC DEVELOPMENT.
(a) PLAN FOR ECONOMIC DEVELOPMENT.—The Sec-
retary shall—
(1) enter into negotiations with the governing
body of the Tribe with respect to establishing a plan
for economic development for the Tribe;
(2) in accordance with this section and not later
than 2 years after the adoption of a tribal constitu-
tion as provided in section 8, develop such a plan;
and
(3) upon the approval of such plan by the gov-
erning body of the Tribe, submit such plan to the
Congress.
(b) RESTRICTIONS.—Any proposed transfer of real
property contained in the plan developed by the Secretary
under subsection (a) shall be consistent with the require-
ments of section 4.
SEC. 4. TRANSFER OF LAND TO BE HELD IN TRUST.
(a) LANDS TO BE TAKEN IN TRUST.—The Secretary
shall accept any real property located in Placer County,
California, for the benefit of the Tribe if conveyed or oth-
erwise transferred to the Secretary if, at the time of such
conveyance or transfer, there are no adverse legal claims
on such property, including outstanding liens, mortgages,
or taxes owed. The Secretary may accept any additional
acreage in the Tribe’s service area pursuant to the author-
ity of the Secretary under the Act of June 18, 1934 (25
U.S.C. 461 et seq.).
(b) FORMER
TRUST
LANDS
OF
THE
AUBURN
RANCHERIA.—Subject to the conditions specified in this
section, real property eligible for trust status under this
section shall include fee land held by the White Oak Ridge
Association, Indian owned fee land held communally pur-
suant to the distribution plan prepared and approved by
the Bureau of Indian Affairs on August 13, 1959, and
Indian owned fee land held by persons listed as
distributees or dependent members in such distribution
plan or such distributees’ or dependent members’ Indian
heirs or successors in interest.
(c) 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 or, as applicable, an individual member of the
Tribe, and shall be part of the Tribe’s reservation.
(d) LANDS TO BE NONTAXABLE.—Any real property
conveyed or transferred to the Secretary and taken into
trust for the benefit of the Tribe under this section shall
be exempt from all local, State, and Federal taxation as
of the date of such transfer.
SEC. 5. CRIMINAL AND CIVIL JURISDICTION.
The State shall exercise criminal and civil jurisdiction
within the boundaries of the reservation in accordance
with section 1162 of title 18, United States Code, and sec-
tion 1360 of title 28, United States Code, respectively.
Retrocession of such jurisdiction may be obtained pursu-
ant to section 403 of the Act of April 11, 1968 (28 U.S.C.
1360 note).
SEC. 6. MEMBERSHIP ROLLS.
(a) COMPILATION OF TRIBAL MEMBERSHIP ROLL.—
Within 1 year after the date of the enactment of this Act,
the Secretary shall, after consultation with the Tribe, com-
pile a membership roll of the Tribe.
(b) CRITERIA FOR ENROLLMENTS.—(1) Until a trib-
al constitution is adopted pursuant to section 8, an indi-
vidual shall be placed on the membership roll if the indi-
vidual is living, is not an enrolled member of another fed-
erally recognized Indian tribe, is of United Auburn Indian
Community ancestry, possesses at least one-eighth or
more of Indian blood quantum, and if—
(A) the individual’s name was listed on the Au-
burn Indian Rancheria distribution roll compiled and
approved by the Bureau of Indian Affairs on August
13, 1959, pursuant to Public Law 85–671;
(B) the individual was not listed on, but met
the requirements that had to be met to be listed on,
the Auburn Indian Rancheria distribution list com-
piled and approved by the Bureau of Indian Affairs
on August 13, 1959, pursuant to Public Law 85–
671; or
(C) the individual is a lineal descendant of an
individual, living or dead, identified in subparagraph
(A) or (B).
20, 1991. Any new members filling vacancies on the In-
terim council shall meet the enrollment criteria set forth
in section 6(b) and be elected in the same manner as are
Executive Council members under the tribal constitution
adopted July 20, 1991.
SEC. 8. TRIBAL CONSTITUTION.
(a) ELECTION; TIME AND PROCEDURE.—Upon the
completion of the tribal membership roll under section
6(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 constitution 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 residence.
(b) ELECTION
OF
TRIBAL
OFFICIALS; PROCE-
DURES.—Not later than 120 days after the Tribe adopts
a constitution and bylaws under subsection (a), the Sec-
retary shall conduct an election by secret ballot for the
purpose of electing tribal officials as provided in such trib-
al constitution. Such election shall be conducted according
to the procedures specified in subsection (a) except to the
extent that such procedures conflict with the tribal con-
stitution.
SEC. 9. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘Tribe’’ means the United Au-
burn Indian Community of the Auburn Rancheria of
California.
(2) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(3) The term ‘‘Interim Council’’ means the gov-
erning body of the Tribe specified in section 7.
(4) The term ‘‘member’’ means those persons
meeting the enrollment criteria under section 6(b).
(5) The term ‘‘State’’ means the State of Cali-
fornia.
(6) The term ‘‘reservation’’ means those lands
acquired and held in trust by the Secretary for the
benefit of the Tribe pursuant to section 4.
(7) The term ‘‘service area’’ means the counties
of Placer, Nevada, Yuba, Sutter, El Dorado, and
Sacramento, in the State of California.
SEC. 10. REGULATIONS.
The Secretary may promulgate such regulations as
may be necessary to carry out the provisions of this Act.
Æ