I 
109TH CONGRESS 
1ST SESSION H. R. 3526 
To extend Federal recognition to the Mowa Band of Choctaw Indians of 
Alabama, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2005 
Mr. BONNER introduced the following bill; which was referred to the 
Committee on Resources 
A BILL 
To extend Federal recognition to the Mowa Band of Choctaw 
Indians of Alabama, 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; DEFINITIONS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Mowa Band of Choctaw Indians Recognition Act’’. 
(b) DEFINITIONS.—For the purposes of this Act: 
(1) TRIBE.—The term ‘‘Tribe’’ means the 
Mowa Band of Choctaws and Mowa Band of Choc-
taw Indians of Alabama.
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
SEC. 2. 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 Tribe. 
SEC. 3. RESTORATION OF RIGHTS. 
(a) IN GENERAL.—All rights and privileges of the 
Tribe which may have been abrogated or diminished be-
fore the date of the enactment of this Act by reason of 
any provision of Federal law that terminated Federal rec-
ognition of the Tribe are hereby restored and such Federal 
law shall no longer apply with respect to the Tribe or the 
members of the Tribe. 
(b) APPROVAL OF TRANSFERS.—Under the treaties 
entered into by the ancestors of the Tribe, all historical 
tribal lands were ceded to the United States. Congress 
does hereby approve and ratify such cession effective as 
of the date of the cession and the cession shall be regarded 
as an extinguishment of all interest of the Tribe, if any, 
in said lands as of the date of the cession. By virtue of 
the approval and ratification of the cession of said lands, 
all claims against the United States, any State or subdivi-
sion thereof, or any other person or entity, by the Tribe,
including but not limited to, claims for trespass damages 
or claims for use and occupancy, arising subsequent to the 
cession and that are based upon any interest in or right 
involving such land, shall be regarded as extinguished as 
of the date of the cession. 
(c) HISTORICAL LAND CLAIMS.—The Tribe has no 
historical land claim and cannot and shall not use its Fed-
eral recognition to assert any historical land claim. As 
used herein, ‘‘historical land claim’’ means a claim to land 
based upon a contention that the Tribe, or its ancestors, 
were the native inhabitants of such land or based upon 
the Tribe’s ‘‘status as native Americans or based upon the 
Mowa Band of Choctaws’’ Federal recognition. 
(d) REQUEST AND BEST INTEREST OF TRIBE.—Con-
gress finds that the provisions of this section are enacted 
at the request of the Tribe and are in the best interests 
of the Tribe. 
SEC. 4. LANDS. 
(a) LAND TAKEN INTO TRUST.—All legal rights, 
title, and interests in lands that are held by the Tribe on 
the date of the enactment of this Act are hereby trans-
ferred, at the request of the Tribe, to the United States 
in trust for the use and benefit of the Tribe. 
(b) FUTURE LANDS INTO TRUST.—(1) Notwith-
standing any other provision of law, if the Tribe transfers
to the Secretary any interest in lands acquired by the 
Tribe after the date of the enactment of this Act, the Sec-
retary shall accept such land on behalf of the United 
States. Such lands shall be held by the United States in 
trust for the benefit of the Tribe. 
(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) Any lands held in trust by the United States for 
the use and benefit of the Tribe pursuant to this section 
shall constitute the reservation of the Tribe. 
(d) Congress finds that the provisions of this section 
are enacted at the request of the Tribe and are in the 
best interests of the Tribe. 
SEC. 5. SERVICES AND BENEFITS. 
The Tribe, and the members of the Tribe, 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 and, notwithstanding any 
other provision of law, such services and benefits shall be 
provided after the date of the enactment of this Act to 
the Tribe, and to the members of the Tribe, without re-
gard to the existence of a reservation for the Tribe or the
location of the residence of any member of the Tribe on 
or near an Indian reservation. 
SEC. 6. CONSTITUTION AND BYLAWS. 
(a) IN GENERAL.—The Tribe may organize for its 
common welfare and adopt a constitution and bylaws in 
accordance with regulations prescribed by the Secretary. 
The Secretary shall offer to assist the Tribe in drafting 
a constitution and bylaws for the Tribe. 
(b) FILING WITH SECRETARY.—Any constitution, 
bylaws, or amendments to the constitution or bylaws that 
are adopted by the Tribe shall take effect only after such 
constitution, bylaws, or amendments are filed with the 
Secretary. 
SEC. 7. MEMBERSHIP. 
(a) INTERIM MEMBERSHIP.—Until a constitution for 
the Tribe is adopted, the membership of the Tribe shall 
consist of every individual who— 
(1) is named in the tribal membership roll that 
is in effect on the date of the enactment of this Act, 
or 
(2) is a descendant of any individual described 
in paragraph (1). 
(b) MEMBERSHIP AFTER ADOPTION OF CONSTITU-
TION AND BYLAWS.—After the adoption of a constitution 
by the Tribe, the membership of the Tribe shall be deter-
mined in accordance with the terms of such constitution 
or any bylaws adopted under such constitution. 
SEC. 8. REGULATIONS. 
The Secretary shall prescribe such regulations as may 
be necessary to carry out the purposes of this Act. 
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