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H.R. 4496 (97th): Texas Band of Kickapoo Act

The text of the bill below is as of Jan 8, 1983 (Passed Congress).


PUBLIC LAW 97-429—JAN. 8, 1983                                         96 STAT. 2269

Public Law 97-429
97th Congress
                                     An Act
To grant Federal recognition to the Texas Band of Kickapoo Indians; to clarify the           Jan. 8, 1983
  status of the members of the band; to provide trust lands to the band, and for other       [H.R. 4496]
  purposes.

  Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may                         Texas Band of
be cited as the "Texas Band of Kickapoo Act".                                             Kickapoo Act.
                                                                                          25 u s e 1300b-ll
                                                                                          note.
         CONGRESSIONAL FINDINGS AND DECLARATION OP POUCY

   SEC. 2. (a) Congress finds that the Texas Band of Kickapoo Indians                     25 use
is a subgroup of the Kickapoo Tribe of Oklahoma; that many years                           1300b-ll.
ago, the Band was forced to migrate from its ancestral lands to what
is now the State of Texas and the nation of Mexico; that, although
many members of the band meet the requirements for United States
citizenship, some of them cannot prove that they are United States
citizens; that, although the Band resides in the State of Texas, it
owns no land there; that, because the Band owns no land in Texas,
members of the Band are considered ineligible for services which the
United States provides to other Indians who are members of
federally recognized tribes because of their status as Indians except
when the members of the Band are on or near the reservation of the
Kickapoo Tribe of Oklahoma; that members of the Band live under
conditions that pose serious threats to their health; and that,
because their culture is derived from three different cultures, they
have unique needs including, especially, educational needs.
   (b) Congress therefore declares that the Band should be recognized
by the United States; that the right of the members of the Band to
pass and repass the borders of the United States should be clarified;
that services which the United States provides to Indians because of
their status as Indians should be provided to members of the Band
in Maverick County, Texas; and, that land in the State of Texas
should be taken in trust by the United States for the benefit of the
Band.
                                   DEFINITIONS

  SEC. 3. For purposes of this Act—                                                       25 use
      (a) "Band means the Texas Band of Kickapoo Indians, a                               1300b-12.
    subgroup of the Kickapoo Tribe of Oklahoma;
      (b) "Tribe" means the Kickapoo Tribe of Oklahoma; and
      (c) "Secretary" means the Secretary of the Interior.
   ESTABUSHMENT OF BAND ROLL; CLARIFICATION OF UNITED STATES
                         CITIZENSHIP

  SEC. 4. (a) Within one year of the enactment of this Act, the                           25 use
Secretary shall, after consultation with the Tribe, compile a roll of                     1300b-13.
those members of the Tribe who possess Kickapoo blood and who are
also members of the Band. When said roll is complete, the Secretary                       Notice,
                                                                                          publication in
                                                                                          Federal
                                                                                          Register.

96 STAT. 2270 PUBLIC LAW 97-429—JAN. 8, 1983 shall immediately publish notice in the Federal Register stating that the roll has been completed. The Secretary shall ensure that the roll, once completed, is maintained and that it is current. Report to (b) If the Secretary does not compile the roll within the period Congress. prescribed in subsection 4(a), he shall submit a report to Congress setting forth the reasons he did not do so. Citizenship. (c) For a period of five years after the publication of the Federal Register notice required under subsection 4(a), any member of the Band whose name appears on the roll compiled by the Secretary, may, at his option, apply for United States citizenship. Such applica- tion shall be made to the Immigration and Naturalization Service and, upon receipt of the application, citizenship shall promptly be granted to the applicant. 8 u s e 1101 note. (d) Notwithstanding the Immigration and Nationality Act, all members of the Bsmd shall be entitled to freely pass and repass the borders of the United States and to live and work in the United States. LAND ACQUISITION; APPLICABILITY O F T H E INDIAN REORGANIZATION ACT 25 use SEC. 5. (a) The Act of June 18, 1934 (48 Stat. 984), is hereby made 1300b-14. applicable to the Band: Provided, however. That the Secretary is 25 u s e 461 note. only authorized to exercise his authority under section 5 of that Act (25 U.S.C. 465) with respect to lands located in Maverick County, Texas. (b) The Secretary is authorized and directed to accept no more than one hundred acres of land in Maverick County, Texas which shall be offered for the benefit of the Band with the approval of the Tribe. Nothing in this subsection shall be construed as limiting the authority of the Secretary under section 5 of the Act of June 18, 25 u s e 465. 1934 (48 Stat. 985). JURISDICTION 25 use SEC. 6. The State of Texas shall exercise jurisdiction over civil 1300b-15. causes of action and criminal offenses arising on the Band's trust lands in accordance with section 1360 of title 28, United States Code, and section 1162 of title 18, United States Code, as if it had assumed jurisdiction pursuant to sections 401 and 402 of the Act of April 11, 25 u s e 1321, 1968 (82 Stat. 78, 79). The provisions of section 403 of the Act of April 1322. 11,1968 (82 Stat. 79), shall be applicable and available to the State of 25 u s e 1323. 28 u s e 1360 Texas. note. PROVISION OF FEDERAL INDIAN SERVICES 25 use SEC. 7. (a) Notwithstanding any other provision of law authorizing 1300b-16. the provision of special programs and services by the United States to Indiems because of their status as Indians, the Band and its members in Maverick County, Texas shall be eligible for such programs and services without regard to the existence of a reserva- tion, the residence of members of the Band on or near a reservation, or the compilation of the roll pursuant to subsection 4(a) of this Act. Consultation (b) In providing services pursuant to subsection (a), the Secretary and cooperation and the head of each department and agency shall consult and with Mexican Government. cooperate with appropriate officials or agencies of the Mexican Government to the greatest extent possible to ensure that such services meet the special tricultural needs of the Band and its members. Such consultation and cooperation may include, whenever
PUBLIC LAW 97-429—JAN. 8, 1983 96 STAT. 2271 practicable, joint funding agreements between such agency or department of the United States and the appropriate agencies and officials of the Mexican Government. Approved January 8, 1983. LEGISLATIVE HISTORY—H.R. 4496: HOUSE REPORT No. 97-858 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-684 (Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 29, considered and passed House. Dec. 20, considered and passed Senate, amended. Dec. 21, House agreed to Senate amendments.