[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4180 Engrossed in House (EH)]

103d CONGRESS
  2d Session
                                H. R. 4180

_______________________________________________________________________

                                 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 TLINGIT 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.

            Passed the House of Representatives October 3, 1994.

            Attest:






                                                                 Clerk.
                                     

103d CONGRESS

  2d Session

                               H. R. 4180

_______________________________________________________________________

                                 AN ACT

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