118 HR 7541 IH: United Houma Recognition Act of 2024 U.S. House of Representatives 2024-03-05 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS2d SessionH. R. 7541IN THE HOUSE OF REPRESENTATIVESMarch 5, 2024Mr. Higgins of Louisiana introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo extend Federal recognition to the United Houma Nation, and for other purposes.

1.

Short title

This Act may be cited as the United Houma Recognition Act of 2024.

2.

Definitions

In this Act: (1)

Interim Tribal Government

The term interim Tribal Government means the Board of Directors of the United Houma Nation, Inc. (2)

Secretary

The term Secretary means the Secretary of the Interior. (3)

Tribal constitution

The term Tribal constitution means the Tribal constitution adopted pursuant to section 4. (4)

Tribal member

The term Tribal member means— (A)an individual who is an enrolled member of the Tribe as of the date of the enactment of this Act; and (B)an individual who is placed on the membership rolls of the Tribe in accordance with this Act. (5)

Tribe

The term Tribe means the United Houma Nation.

3.

Federal recognition

(a)

In general

Federal recognition is extended to the Tribe. (b)

Applicability of laws

All laws (including regulations) of the United States of general applicability to Indians or nations, Indian Tribes, or bands of Indians (including the Act of June 18, 1934 (25 U.S.C. 5101 et seq.)) that are not inconsistent with this Act shall be applicable to the Tribe and Tribal members. (c)

Federal services and benefits

(1)

In general

The Tribe and Tribal members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian Tribes without regard to the existence of a reservation for the Tribe. (2)

Service area

For purposes of delivery of services and benefits to Tribal members, the service area of the Tribe shall be considered to be the following parishes in the State of Louisiana: (A)St. Mary. (B)Terrebonne. (C)Lafourche. (D)Jefferson. (E)Plaquemines. (F)St. Bernard.

4.

Membership roll

(a)

Initial roll

As a condition of receiving recognition, services, and benefits pursuant to this Act, the Tribe shall submit to the Secretary, by not later than 1 year after the date of the enactment of this Act, an membership roll consisting of the name of each individual enrolled as a Tribal member. (b)

Determination of membership

(1)

Initial roll

The qualifications for inclusion on the membership roll submitted under subsection (a) shall be determined by the interim Tribal Government in consultation with the Secretary. (2)

Subsequent membership

Upon adoption under section 4, the Tribal constitution shall govern membership in the Tribe. (c)

Maintenance of roll

The Tribe shall maintain the membership roll.

5.

Tribal Constitution

(a)

In general

Not later than 6 months after the initial membership roll is submitted to the Secretary pursuant to section 3(a), the Secretary shall conduct, by secret ballot, an election for the purpose of adopting a constitution for the Tribe in accordance with the procedures applicable to elections under section 16 of the Act of June 18, 1934 (25 U.S.C. 5123). (b)

Notice

The Secretary shall provide at least 60 days notice to Tribal members with respect to the date of the election held under subsection (a). (c)

Absentee ballots

Absentee voting shall be permitted with respect to the election under subsection (a) regardless of voter residence.

6.

Governing body

(a)

In general

Except as provided in subsection (b), the governing body of the Tribe shall be elected in accordance with the election procedures specified in the Tribal constitution. (b)

Interim Government

Until a governing body is elected and takes office in accordance with election procedures specified in the Tribal constitution adopted under section 5, the interim Tribal Government shall be the governing body of the Tribe.

7.

Reservation of the tribe

(a)

In general

Upon the request of the Tribe, the Secretary shall take into trust for the benefit of the Tribe any lands held in fee by the Tribe within the service area described in section 3(c)(2). (b)

Reservation status

Any land taken into trust for the benefit of the Tribe pursuant to this section shall, upon the request of the Tribe, be considered part of the reservation of the Tribe. (c)

Gaming

The Tribe may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under any regulations thereunder promulgated by the Secretary or the National Indian Gaming Commission.

8.

Reaffirmation of rights

(a)

In general

Nothing in this Act diminishes any right or privilege of the Tribe or any Tribal member that existed before the date of the enactment of this Act. (b)

Claims of tribe

Except as otherwise provided in this Act, nothing in this Act alters or affects any legal or equitable claim of the Tribe to enforce any right or privilege reserved by, or granted to, the Tribe that was wrongfully denied to, or taken from, the Tribe before the date of the enactment of this Act. (c)

Hunting and fishing rights

Nothing in this Act expands, reduces, or affects in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and Tribal members.