H.R. 4180 (103rd): An Act to clarify the status of the Tlingit and Haida, and for other purposes.

103rd Congress, 1993–1994. Text as of Oct 08, 1994 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPO

H.R.4180

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To provide for the annual publication of a list of federally recognized Indian tribes, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I--WITHDRAWAL OF ACKNOWLEDGEMENT OR RECOGNITION

SEC. 101. SHORT TITLE.

    This title may be cited as the ‘Federally Recognized Indian Tribe List Act of 1994’.

SEC. 102. DEFINITIONS.

    For the purposes of this title:

      (1) The term ‘Secretary’ means the Secretary of the Interior.

      (2) The term ‘Indian tribe’ means any Indian or Alaska Native tribe, band, nation, pueblo, village or community that the Secretary of the Interior acknowledges to exist as an Indian tribe.

      (3) The term ‘list’ means the list of recognized tribes published by the Secretary pursuant to section 104 of this title.

SEC. 103. FINDINGS.

    The Congress finds that--

      (1) the Constitution, as interpreted by Federal case law, invests Congress with plenary authority over Indian Affairs;

      (2) ancillary to that authority, the United States has a trust responsibility to recognized Indian tribes, maintains a government-to-government relationship with those tribes, and recognizes the sovereignty of those tribes;

      (3) Indian tribes presently may be recognized by Act of Congress; by the administrative procedures set forth in part 83 of the Code of Federal Regulations denominated ‘Procedures for Establishing that an American Indian Group Exists as an Indian Tribe;’ or by a decision of a United States court;

      (4) a tribe which has been recognized in one of these manners may not be terminated except by an Act of Congress;

      (5) Congress has expressly repudiated the policy of terminating recognized Indian tribes, and has actively sought to restore recognition to tribes that previously have been terminated;

      (6) the Secretary of the Interior is charged with the responsibility of keeping a list of all federally recognized tribes;

      (7) the list published by the Secretary should be accurate, regularly updated, and regularly published, since it is used by the various departments and agencies of the United States to determine the eligibility of certain groups to receive services from the United States; and

      (8) the list of federally recognized tribes which the Secretary publishes should reflect all of the federally recognized Indian tribes in the United States which are eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

SEC. 104. PUBLICATION OF LIST OF RECOGNIZED TRIBES.

    (a) PUBLICATION OF THE LIST- The Secretary shall publish in the Federal Register a list of all Indian tribes which the Secretary recognizes to be eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

    (b) FREQUENCY OF PUBLICATION- The list shall be published within 60 days of enactment of this Act, and annually on or before every January 30 thereafter.

TITLE II--CENTRAL COUNCIL OF TLIN- GIT AND HAIDA INDIAN TRIBES OF ALASKA

SEC. 201. SHORT TITLE.

    This title may be cited as the ‘Tlingit and Haida Status Clarification Act’.

SEC. 202. FINDINGS.

    The Congress finds and declares that--

      (1) the United States has acknowledged the Central Council of Tlingit and Haida Indian Tribes of Alaska pursuant to the Act of June 19, 1935 (49 Stat. 388, as amended, commonly referred to as the ‘Jurisdiction Act’), as a federally recognized Indian tribe;

      (2) on October 21, 1993, the Secretary of the Interior published a list of federally recognized Indian tribes pursuant to part 83 of title 25 of the Code of Federal Regulations which omitted the Central Council of Tlingit and Haida Indian Tribes of Alaska;

      (3) the Secretary does not have the authority to terminate the federally recognized status of an Indian tribe as determined by Congress;

      (4) the Secretary may not administratively diminish the privileges and immunities of federally recognized Indian tribes without the consent of Congress; and

      (5) the Central Council of Tlingit and Haida Indian Tribes of Alaska continues to be a federally recognized Indian tribe.

SEC. 203. REAFFIRMATION OF TRIBAL STATUS.

    The Congress reaffirms and acknowledges that the Central Council of Tlingit and Haida Indian Tribes of Alaska is a federally recognized Indian tribe.

SEC. 204. DISCLAIMER.

    (a) IN GENERAL- Nothing in this title shall be interpreted to diminish or interfere with the government-to-government relationship between the United States and other federally recognized Alaska Native tribes, nor to vest any power, authority, or jurisdiction in the Central Council of Tlingit and Haida Indian Tribes of Alaska over other federally recognized Alaska Native tribes.

    (b) CONSTITUTION OF CENTRAL COUNCIL OF THE TLINGIT AND HAIDA INDIAN TRIBES OF ALASKA- Nothing in this title shall be construed as codifying the Constitution of the Central Council of the Tlingit and Haida Indian Tribes of Alaska into Federal law.

SEC. 205. PROHIBITION AGAINST DUPLICATIVE SERVICES.

    Other federally recognized tribes in Southeast Alaska shall have precedence over the Central Council of Tlingit and Haida Indian Tribes of Alaska in the award of a Federal compact, contract or grant to the extent that their service population overlaps with that of the Central Council of Tlingit and Haida Indian tribes of Alaska. In no event shall dually enrolled members result in duplication of Federal service funding.

TITLE III--PASKENTA BAND OF NOMLAKI INDIANS OF CALIFORNIA

SEC. 301. SHORT TITLE.

    This title may be cited as the ‘Paskenta Band Restoration Act’.

SEC. 302. DEFINITIONS.

    For purposes of this title:

      (1) The term ‘Tribe’ means the Paskenta Band of Nomlaki Indians of the Paskenta Rancheria of California.

      (2) The term ‘Secretary’ means the Secretary of the Interior.

      (3) The term ‘Interim Council’ means the governing body of the Tribe specified in section 307.

      (4) The term ‘member’ means an individual who meets the membership criteria under section 306(b).

      (5) The term ‘State’ means the State of California.

      (6) The term ‘reservation’ means those lands acquired and held in trust by the Secretary for the benefit of the Tribe pursuant to section 305.

      (7) The term ‘service area’ means the counties of Tehama and Glenn, in the State of California.

SEC. 303. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES.

    (a) FEDERAL RECOGNITION- Federal recognition is hereby extended to the Tribe. Except as otherwise provided in this title, all laws and regulations of general application to Indians and nations, tribes, or bands of Indians that are not inconsistent with any specific provision of this title shall be applicable to the Tribe and its members.

    (b) RESTORATION OF RIGHTS AND PRIVILEGES- Except as provided in subsection (d), all rights and privileges 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; 72 Stat. 619), 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- Without regard to the existence of a reservation, the Tribe and its members 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 federally 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.

    (d) HUNTING, FISHING, TRAPPING, AND WATER RIGHTS- Nothing in this title shall expand, reduce, or affect in any manner any hunting, fishing, trapping, gathering, 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 specifically provided in this title, nothing in this title shall alter any property right or obligation, any contractual right or obligation, or any obligation for taxes levied.

SEC. 304. ECONOMIC DEVELOPMENT.

    (a) PLAN FOR ECONOMIC DEVELOPMENT- The Secretary 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 two years after the adoption of a tribal constitution as provided in section 308, develop such a plan; and

      (3) upon the approval of such plan by the governing 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 requirements of section 305.

SEC. 305. TRANSFER OF LAND TO BE HELD IN TRUST.

    (a) LANDS TO BE TAKEN IN TRUST- The Secretary shall accept any real property located in Tehama County, California, for the benefit of the Tribe if conveyed or otherwise transferred to the Secretary if, at the time of such conveyance or transfer, there are no adverse legal claims to such property, including outstanding liens, mortgages, or taxes owned. The Secretary may accept any additional acreage in the Tribe’s service area pursuant to the authority of the Secretary under the Act of June 18, 1934 (25 U.S.C. 461 et seq.).

    (b) 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 and shall be part of the Tribe’s reservation.

SEC. 306. MEMBERSHIP ROLLS.

    (a) COMPILATION OF TRIBAL MEMBERSHIP ROLL- Within one year after the date of the enactment of this Act, the Secretary shall, after consultation with the Tribe, compile a membership roll of the Tribe.

    (b) CRITERIA FOR MEMBERSHIP- (1) Until a tribal constitution is adopted pursuant to section 308, an individual shall be placed on the membership roll if such individual is living, is not an enrolled member of another federally recognized Indian tribe, is of Nomlaki Indian ancestry, and if--

      (A) such individual’s name was listed on the Paskenta Indian Rancheria distribution roll compiled on February 26, 1959, by the Bureau of Indian Affairs and approved by the Secretary of the Interior on July 7, 1959, pursuant to Public Law 85-671;

      (B) such individual was not listed on the Paskenta Indian Rancheria distribution list, but met the requirements that had to be met to be listed on the Paskenta Indian Rancheria list;

      (C) such individual is identified as an Indian from Paskenta in any of the official or unofficial rolls of Indians prepared by the Bureau of Indian Affairs; or

      (D) such individual is a lineal descendant of an individual, living or dead, identified in subparagraph (A), (B), or (C).

    (2) After adoption of a tribal constitution pursuant to section 308, such tribal constitution shall govern membership in the Tribe.

    (c) CONCLUSIVE PROOF OF PASKENTA INDIAN ANCESTRY- For the purpose of subsection (b), the Secretary shall accept any available evidence establishing Paskenta Indian ancestry. The Secretary shall accept as conclusive evidence of Paskenta Indian ancestry, information contained in the census of the Indians in and near Paskenta, prepared by Special Indian Agent John J. Terrell, in any other roll or census of Paskenta Indians prepared by the Bureau of Indian Affairs, and in the Paskenta Indian Rancheria distribution list, compiled by the Bureau of Indian Affairs on February 26, 1959.

SEC. 307. INTERIM GOVERNMENT.

    Until a new tribal constitution and bylaws are adopted and become effective under section 308, the Tribe’s governing body shall be an Interim Council. The initial membership of the Interim Council shall consist of the members of the Tribal Council of the Tribe on the date of the enactment of this Act, and the Interim Council shall continue to operate in the manner prescribed for the Tribal Council under the tribal constitution adopted December 18, 1993. Any new members filling vacancies on the Interim Council shall meet the membership criteria set forth in section 306(b) and be elected in the same manner as are Tribal Council members under the tribal constitution adopted December 18, 1993.

SEC. 308. TRIBAL CONSTITUTION.

    (a) ELECTION; TIME AND PROCEDURE- Upon the completion of the tribal membership roll under section 306(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; PROCEDURES- Not later than 120 days after the Tribe adopts a constitution and bylaws under subsection (a), the Secretary shall conduct an election by secret ballot for the purpose of electing tribal officials as provided in such tribal 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 constitution.

SEC. 309. GENERAL PROVISION.

    The Secretary may promulgate such regulations as may be necessary to carry out the provisions of this title.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.