[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4228 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4228

To extend Federal recognition to the United Auburn Indian Community of 
                  the Auburn Rancheria of California.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 14, 1994

     Mr. Miller of California (for himself, Mr. Doolittle, and Mr. 
 Richardson) introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To extend Federal recognition to the United Auburn Indian Community of 
                  the Auburn Rancheria of California.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Auburn Indian Restoration Act''.

SEC. 2. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES.

    (a) Federal Recognition.--Notwithstanding any provision of law, 
Federal recognition is hereby extended to the Tribe. Except as 
otherwise provided in this Act, all laws and regulations of general 
application to Indians or nations, tribes, or bands of Indians that are 
not inconsistent with any specific provision of this Act 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), 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.--Notwithstanding any other 
provision of law and 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. 
Notwithstanding any other provision of law, the Tribe shall be 
considered an Indian tribe for the purpose of the Indian Tribal 
Governmental Tax Status Act of 1982 (26 U.S.C. 7871).
    (d) Hunting, Fishing, Trapping, and Water Rights.--Nothing in this 
Act 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 Act, nothing in this Act shall alter any property right or 
obligation, any contractual right or obligation, or any obligation for 
taxes levied.

SEC. 3. 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 2 
        years after the adoption of a tribal constitution as provided 
        in section 8, 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 4.

SEC. 4. TRANSFER OF LAND TO BE HELD IN TRUST.

    (a) Lands To Be Taken In Trust.--The Secretary shall accept any 
real property located in Placer 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 on such property, including outstanding liens, mortgages, or 
taxes owed. 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) Former Trust Lands of the Auburn Rancheria.--Subject to the 
conditions specified in this section, real property eligible for trust 
status under this section shall include fee land held by the White Oak 
Ridge Association, Indian owned fee land held communally pursuant to 
the distribution plan prepared and approved by the Bureau of Indian 
Affairs on August 13, 1959, and Indian owned fee land held by persons 
listed as distributees or dependent members in such distribution plan 
or such distributees' or dependent members' Indian heirs or successors 
in interest.
    (c) 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 or, as applicable, an individual member of the 
Tribe, and shall be part of the Tribe's reservation.
    (d) Lands To Be Nontaxable.--Any real property conveyed or 
transferred to the Secretary and taken into trust for the benefit of 
the Tribe under this section shall be exempt from all local, State, and 
Federal taxation as of the date of such transfer.

SEC. 5. CRIMINAL AND CIVIL JURISDICTION.

    The State shall exercise criminal and civil jurisdiction within the 
boundaries of the reservation in accordance with section 1162 of title 
18, United States Code, and section 1360 of title 28, United States 
Code, respectively. Retrocession of such jurisdiction may be obtained 
pursuant to section 403 of the Act of April 11, 1968 (28 U.S.C. 1360 
note).

SEC. 6. MEMBERSHIP ROLLS.

    (a) Compilation of Tribal Membership Roll.--Within 1 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 Enrollments.--(1) Until a tribal constitution is 
adopted pursuant to section 8, an individual shall be placed on the 
membership roll if the individual is living, is not an enrolled member 
of another federally recognized Indian tribe, is of United Auburn 
Indian Community ancestry, possesses at least one-eighth or more of 
Indian blood quantum, and if--
            (A) the individual's name was listed on the Auburn Indian 
        Rancheria distribution roll compiled and approved by the Bureau 
        of Indian Affairs on August 13, 1959, pursuant to Public Law 
        85-671;
            (B) the individual was not listed on, but met the 
        requirements that had to be met to be listed on, the Auburn 
        Indian Rancheria distribution list compiled and approved by the 
        Bureau of Indian Affairs on August 13, 1959, pursuant to Public 
        Law 85-671; or
            (C) the individual is a lineal descendant of an individual, 
        living or dead, identified in subparagraph (A) or (B).
    (2) After adoption of a tribal constitution pursuant to section 8, 
such tribal constitution shall govern membership in the Tribe, except 
that in addition to meeting any other criteria imposed in such tribal 
constitution, any person added to the membership roll shall be of 
United Auburn Indian Community ancestry and shall not be a member of 
another federally recognized Indian tribe.
    (c) Conclusive Proof of United Auburn Indian Community Ancestry.--
For the purpose of subsection (b), the Secretary shall accept any 
available evidence establishing United Auburn Indian Community 
ancestry. The Secretary shall accept as conclusive evidence of United 
Auburn Indian Community ancestry information contained in the Auburn 
Indian Rancheria distribution list compiled by the Bureau of Indian 
Affairs on August 13, 1959.

SEC. 7. INTERIM GOVERNMENT.

    Until a new tribal constitution and bylaws are adopted and become 
effective under section 8, the Tribe's governing body shall be an 
Interim Council. The initial membership of the Interim Council shall 
consist of the members of the Executive 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 Executive Council 
under the tribal constitution adopted July 20, 1991. Any new members 
filling vacancies on the Interim council shall meet the enrollment 
criteria set forth in section 6(b) and be elected in the same manner as 
are Executive Council members under the tribal constitution adopted 
July 20, 1991.

SEC. 8. TRIBAL CONSTITUTION.

    (a) Election; Time and Procedure.--Upon the completion of the 
tribal membership roll under section 6(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. 9. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Tribe'' means the United Auburn Indian 
        Community of the Auburn 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 7.
            (4) The term ``member'' means those persons meeting the 
        enrollment criteria under section 6(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 4.
            (7) The term ``service area'' means the counties of Placer, 
        Nevada, Yuba, Sutter, El Dorado, and Sacramento, in the State 
        of California.

SEC. 10. REGULATIONS.

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

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