[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1078 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1078

   To confirm the Federal relationship with the Jena Band of Choctaw 
                         Indians of Louisiana.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 7, 1993

  Mr. Johnston (for himself and Mr. Breaux) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
   To confirm the Federal relationship with the Jena Band of Choctaw 
                         Indians of Louisiana.

    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 ``Jena Band of Choctaw Indians of 
Louisiana Confirmation Act''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) In 1903 and 1904, after presenting testimony before the 
        Dawes Commission, ancestors of the Jena Band of Choctaw were 
        identified as ``Fullblood Mississippi Choctaw Indians''.
            (2) More than 60 percent of the membership on the Jena Band 
        of Choctaw roll dated December 1, 1984, and later submitted to 
        the Assistant Secretary, Indian Affairs, on May 2, 1985, can 
        document possessing one-half or more Choctaw Indian blood 
        quantum based on descent from individuals listed as 
        ``Mississippi Choctaw'' by the Dawes Commission or as 
        ``Choctaw'' on the Indian Schedules of the 1900 Federal 
        Population Census.
            (3) High blood degree such as that demonstrated and 
        documented by the Jena Band of Choctaw, although not a 
        requirement for maintaining a Federal tribal relationship 
        provides exceptional evidence which supports confirmation of 
        that relationship outside the normal administrative process, 
        because a group cannot maintain a high blood degree without a 
        continuity of close and significant social relationships which 
        in themselves demonstrate distinct social community.
            (4) The Jena Band of Choctaw has retained a distinct 
        dialect of the Choctaw language on a continuous basis since 
        historic times, thus, providing supporting evidence that the 
        Jena Band has maintained itself as a separate and distinct 
        historic band of Choctaw.
            (5) The Jena Band's Choctaw ancestors resided in close 
        proximity in historic Catahoula Parish, the predecessor to 
        modern Catahoula and La Salle Parishes, according to the 1880, 
        1900 and 1910 Federal population censuses; Federal documents 
        place the members of the Tribe in this same area in the 1930's 
        and 1950's; 72 percent of the Tribe's current membership still 
        resides in La Salle, and neighboring Grant and Rapides 
        Parishes, thus providing supporting evidence for continuity of 
        membership and location.
            (6) The Jena Band of Choctaw can document and identify 
        traditional leaders by name from 1850 to 1968 and elected 
        leaders from 1974 to the present, which in the historical 
        context of their community provides supporting evidence for 
        continuity of political influence.
            (7) Confirmation of the Federal relationship with the Tribe 
        is supported by all the federally recognized tribes in 
        Louisiana and by the Mississippi Band of Choctaw Indians.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Tribe'' means the Jena Band of Choctaw 
        Indians of Louisiana.
            (2) The term ``Secretary'' means the Secretary of the 
        Interior.
            (3) The term ``Interim Council'' means the Board of 
        Directors of the Jena Band of Choctaw Indians of Louisiana.
            (4) The term ``member'' means an individual who is enrolled 
        on the membership roll of the Tribe.
            (5) The term ``State'' means the State of Louisiana.

SEC. 4. CONFIRMATION OF FEDERAL RELATIONSHIP.

    Federal Recognition as a Tribe is hereby confirmed with regard to 
the Jena Band of Choctaw Indians of Louisiana. All Federal laws of 
general application to Indians and Indian tribes, including the Act of 
June 18, 1934 (48 Stat. 984; 25 U.S.C. 461 et seq.), popularly known as 
the ``Indian Reorganization Act'', shall apply with respect to the 
Tribe and to the members.

SEC. 5. RECOGNITION OF RIGHTS.

    (a) Existing Rights of Tribe.--Nothing in this Act may be construed 
to diminish any rights or privileges of the Tribe, or of its members, 
that existed prior to the date of the enactment of this Act.
    (b) Existing Rights and Obligations.--Except as otherwise 
specifically provided in this Act, nothing in this Act may be construed 
as altering or affecting--
            (1) any rights or obligations with respect to property,
            (2) any rights or obligations under any contract,
            (3) any hunting, fishing, trapping, gathering, or water 
        rights of the Tribe or its members, or
            (4) any obligation to pay a tax levied before the date of 
        enactment of this Act.

SEC. 6. 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 tribes residing on a reservation, 
members of the Jena Band of Choctaw Indians of Louisiana residing in La 
Salle, Rapides, and Grant Parishes, Louisiana, 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 Government Tax Status Act (26 U.S.C. 7871).

SEC. 7. 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 this Tribe;
            (2) in accordance with this section and not later than 2 
        years after the adoption of a tribal constitution as provided 
        in section 10, 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 To Be Contained in Plan.--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 11 
of this Act.

SEC. 8. INTERIM GOVERNMENT.

    Until such time as a constitution for the Tribe is adopted in 
accordance with section 10 (a), the Tribe shall be governed by the 
Interim Council.

SEC. 9. MEMBERSHIP.

    (a) Base Roll.--The Jena Band of Choctaw membership list dated 
December 1, 1984, and submitted to the Assistant Secretary, Indian 
Affairs, on May 2, 1985, shall constitute the base roll of the Tribe 
subject to the review and approval of the Secretary.
    (b) Eligibility.--(1) Until a tribal constitution is adopted, a 
person shall be placed on the Jena membership roll, if the individual 
is living, possesses at least one-fourth or more Choctaw Indian blood 
quantum derived directly from those Choctaw who lived in the historic 
Catahoula Parish, and is not an enrolled member of another federally 
recognized tribe, and if--
            (A) that individual's name is listed on the Jena Band of 
        Choctaw membership list dated December 1, 1984, submitted to 
        the Assistant Secretary, Indian Affairs, on May 2, 1985;
            (B) that individual is not listed on but meets the 
        requirements established by the Jena Band of Choctaw Indians of 
        Louisiana in its Articles of Incorporation, filed and recorded 
        in the State of Louisiana on May 22, 1974, which had to be met 
        to be included on the Jena Band's list dated December 1, 1984; 
        or
            (C) that individual is a lineal descendant of an 
        individual, living or dead, identified by subparagraph (A) or 
        (B).
    (2) After adoption of a tribal constitution, such constitution 
shall govern membership in the Tribe. In addition to meeting any other 
criteria imposed in such tribal constitution, any person added to the 
roll must be of Choctaw ancestry derived directly from those Choctaw 
who lived in the historic Catahoula Parish and cannot be a member of 
another federally recognized Indian tribe.

SEC. 10. TRIBE CONSTITUTION.

    (a) In General.--Upon the written request of the Interim Council, 
the Secretary shall conduct, by secret ballot, an election to adopt a 
constitution for the Tribe which is consistent with this Act. Such 
constitution shall be submitted by the Interim Council to the Secretary 
no later than 1 year following the date of enactment of this Act. 
Absentee balloting shall be permitted regardless of voter residence. 
The election shall be conducted in accordance with section 16 of the 
Act of June 18, 1934 (48 Stat. 987; 25 U.S.C. 476), as amended.
    (b) Election of Tribal Officials.--Not later than 120 days after 
the Tribe adopts a tribal constitution, the Secretary shall conduct an 
election by secret ballot for the purpose of electing tribal officials 
as provided in the constitution. Such election shall be conducted 
according to the procedures stated in subsection (a) except to the 
extent that such procedures conflict with the tribal constitution.
    (c) Tribal Government.--Notwithstanding any other provision of law, 
the governing body of the Tribe established under the constitution 
adopted under subsection (a), shall be treated as an Indian tribal 
government for purposes of the Internal Revenue Code of 1986, and all 
other Federal laws of general application to Indians and Indian tribes, 
including the Act of June 18, 1934 (48 Stat. 984; 25 U.S.C. 461 et 
seq.), as amended.

SEC. 11. REAL PROPERTY.

    (a) Subject to Existing Rights and Obligations.--Any real property 
taken in trust by the Secretary shall be subject to--
            (1) all legal rights and interests in such lands existing 
        at the time of acquisition of such land by the Secretary, 
        including any lien, mortgage, or previously levied and 
        outstanding State or local tax;
            (2) foreclosure or sale in accordance with the laws of the 
        State of Louisiana pursuant to the terms of any valid 
        obligation in existence at the time of the acquisition of such 
        land by the Secretary; and
            (3) the provisions of the Indian Gaming Regulatory Act (25 
        U.S.C. 2701 et seq.).
    (b) Tax Exemption.--Any real property held in trust by the 
Secretary pursuant to this Act shall be exempt from Federal, State, and 
local taxation on and after the date such property is accepted by the 
Secretary.

                                 <all>