[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1078 Referred in House (RFH)]
103d CONGRESS
1st Session
S. 1078
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 6, 1993
Referred to the Committee on Natural Resources
_______________________________________________________________________
AN ACT
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.
Passed the Senate August 5 (legislative day, June 30),
1993.
Attest:
WALTER J. STEWART,
Secretary.