[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3671 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3671

   To provide for the recognition of the United Houma Nation and to 
 provide for the settlement of land claims of the United Houma Nation.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 18, 1996

  Mr. Tauzin introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
   To provide for the recognition of the United Houma Nation and to 
 provide for the settlement of land claims of the United Houma Nation.

    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 ``United Houma Nation Recognition and 
Land Claims Settlement Act of 1996''.

SEC. 2. DECLARATION OF POLICY, CONGRESSIONAL FINDINGS AND PURPOSE.

    (a) Findings.--The Congress declares and finds the following:
            (1) It is the policy of the United States to promote tribal 
        self-determination and economic self-sufficiency and to support 
        the resolution of disputes over historical claims through 
        settlements mutually agreed to by Indian and non-Indian 
        parties.
            (2) The United Houma Nation have used, occupied, and 
        possessed vast tracts of lands within the State of Louisiana 
        and adjacent States, and by this use, occupancy, and possession 
        have laid claim to these lands.
            (3) The significant historical events which have led to the 
        present state of affairs include (but are not limited to) the 
        following:
                    (A) The United Houma Nation have an unbroken tribal 
                existence from time immemorial and before recorded 
                history.
                    (B) The United Houma Nation enters recorded history 
                in 1682, when the explorer Robert Cavalier, Sieur de La 
                Salle encountered this tribe at the intersection of the 
                Mississippi and Red Rivers.
                    (C) By 1706, the United Houma Nation reacted to the 
                rivalry between the French and English by migrating 
                south, in order to be closer to their French allies.
                    (D) During the early 1700's, the United Houma 
                Nation fought with other Indian tribes, and the French, 
                over lands.
                    (E) The United States assumed sovereignty over 
                these lands with the purchase of the Louisiana 
                Territory in 1803 and promised all Indian tribes 
                inhabiting the newly acquired territory that their land 
                ownership and possession would be protected and honored 
                as such ownership was protected and honored by the 
                former sovereigns of Spain and France.
                    (F) In order to protect themselves from threats 
                presented by non-Indian peoples, portions of the United 
                Houma Nation sought refuge and safety in the then 
                remote wetlands and bayous of southern Louisiana where 
                they continued their social life and existence as a 
                tribal entity.
                    (G) Members of the United Houma Nation have always 
                been accorded the status of Indians as evidenced by--
                            (i) receiving educational support from the 
                        Federal Government; and
                            (ii) recognition of the United Houma Nation 
                        as an Indian tribe by the State of Louisiana.
                    (H) The United Houma Nation reorganized their 
                government under a corporate form in the 1970's, which 
                culminated in the creation of a corporate entity known 
                as the ``United Houma Nation'' in 1979.
            (4) The assertion of the land claims of the United Houma 
        Nation through litigation will lead to substantial economic and 
        social hardship for a large number of landowners, citizens, and 
        communities in the State of Louisiana, including the United 
        Houma Nation itself. Congress recognizes that if these claims 
        are not resolved--
                    (A) litigation against thousands of landowners 
                would be likely;
                    (B) any final resolution of these disputes through 
                a process of litigation would--
                            (i) take many years and entail great 
                        expenses to all parties;
                            (ii) continue economically and socially 
                        damaging controversies;
                            (iii) prolong uncertainty as to the 
                        ownership of property; and
                            (iv) seriously impair long-term economic 
                        planning and development for all parties.
            (5) The settlement of these land claims and the avoidance 
        of costly, protracted, and uncertain litigation--
                    (A) will advance the goals of the Federal policy of 
                Indian self-determination; and
                    (B) in recognition of the obligation of the United 
                States as a guardian and trustee, will be in 
                furtherance of the Federal policy of settling 
                historical Indian claims through legislation rather 
                than confrontation.
    (b) Purposes.--The purposes of this Act are--
            (1) to recognize the United Houma Nation, the historical 
        descendant of the group known in history as the Houma Tribe, as 
        a federally recognized tribe on a sovereign-to-sovereign basis, 
        with all rights, benefits, and responsibilities thereto;
            (2) to authorize and direct the Secretary of the Interior 
        to implement the terms and provisions of this Act;
            (3) to remove the cloud on titles in the State of Louisiana 
        resulting from any land claims which have been asserted, are 
        being asserted, or may be asserted, by the United Houma Nation; 
        and
            (4) to confirm and recognize the trust relationship between 
        the United Houma Nation and the United States.

SEC. 3. DEFINITIONS.

    For the purposes of this Act:
            (1) The term ``Tribe'' means the United Houma Nation, as 
        described in the ``Constitution of the United Houma Nation, 
        Inc.'', and the ``United Houma Nation By-Laws'', dated 1979 and 
        1983, respectively, and the successor in interest to the former 
        ``Houma Tribe, Inc.'', the former ``The Houma Alliance, Inc.'', 
        and the historic Houma Tribe.
            (2) The term ``claim'' means any claim which was asserted, 
        is being asserted presently, or could be asserted, by the 
        Tribe, or by individuals as a tribal claim, or any other claim, 
        of any species or origin whatsoever, of a right, title, or 
        interest in or to real property (and improvements thereon), to 
        trespass or damages to real property (and improvements 
        thereon), to mesne profits, or of seasonal subsistence hunting, 
        fishing, or other rights to natural resources, if such claim is 
        based or premised upon--
                    (A) original aboriginal title; or
                    (B) aboriginal title based upon--
                            (i) use, occupancy, or possession for a 
                        number of years, or
                            (ii) title confirmed or guaranteed by 
                        Articles III and VI of the Treaty of Purchase 
                        between the United States of America and 
                        France, dated April 30, 1803.
            (3) The term ``Secretary'' means the Secretary of the 
        Interior.
            (4) The term ``State'' means the State of Louisiana.

SEC. 4. ESTABLISHMENT OF FEDERAL TRUST RELATIONSHIP.

    (a) Federal Recognition.--Federal recognition is hereby extended to 
the Tribe. 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 Act shall be applicable to the Tribe and 
its members.
    (b) Federal Benefits and Services.--
            (1) In general.--The Tribe and its members shall be 
        eligible for all Federal benefits and services furnished to 
        federally recognized Indian tribes and their members because of 
        their status as Indians.
            (2) Service area.--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. For the purposes of this paragraph, the term 
        ``service area'' means the area comprised by the civil parishes 
        of Terrebonne, Lafourche, Jefferson, St. Mary, Plaquemines, 
        Orleans, and St. Bernard, in the State of Louisiana.
    (c) 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.
    (d) Effect on Property Rights and Other Obligations.--Except as 
otherwise specifically provided in this Act, this Act shall not affect 
any property right or obligation, or any contractual right or 
obligation in existence before the date of the enactment of this Act, 
or for any obligation for taxes assessed before that date.

SEC. 5. RATIFICATION OF PRIOR TRANSFERS; EXTINGUISHMENT OF ABORIGINAL 
              TITLE, RIGHTS AND CLAIMS.

    (a) Ratification of Transfers.--Any transfer before the date of 
enactment of this Act of real property (and improvements thereon) or 
natural resources located anywhere within the United States--
            (1) from, by, or on behalf of the Tribe, any one or more of 
        its members, or anyone purporting to be a member, including 
        (but not limited to) any transfer pursuant to any treaty, 
        compact, or statute of any State, and
            (2) from, by, or on behalf of the United States to the 
        State of Louisiana,
shall be deemed to have been made in accordance with the Constitution 
and all laws of the United States, and Congress hereby approves and 
ratifies any such transfer effective as of the date of such transfer.
    (b) Aboriginal Title.--Aboriginal title to real property or natural 
resources described in subsection (a) of the Tribe, any of its members, 
or anyone purporting to be a member, or any other Indian, Indian 
Nation, or Tribe or band of Indians is hereby extinguished as of the 
date of such transfer or conveyance.
    (c) Extinguishment of Claims.--By virtue of the approval and 
ratification of any transfer or conveyance of real property (and 
improvements thereon) or natural resources effected by this section, 
and the extinguishment of aboriginal title effected thereby, all claims 
against the United States, any State or subdivision thereof, or any 
other person or entity, by the Tribe, any of its members, or anyone 
purporting to be a member, or any Indian Nation, or tribe or band of 
Indians, arising at the time of or subsequent to the transfer or 
conveyance, and based on any interest in or right involving such real 
property or natural resources shall be extinguished as of the date of 
the transfer.
    (d) Extinguishment of Title.--
            (1) In general.--All claims and all right, title and 
        interest that--
                    (A) the Tribe or any person or group of persons 
                purporting to be the Houma Indians, or
                    (B) any person or group of persons purporting to be 
                any other Indian, Indian Nation, Tribe, or band of 
                Indians who are descendants from any of the progenitors 
                analyzed in Section VIII of the Benealogical Report 
                (including Appendices A and B thereto)--Proposed 
                Finding--United Houma Nation, December 13, 1994, United 
                States Department of the Interior, Bureau of Indian 
                Affairs, Branch of Acknowledgment and Research,
        may have to aboriginal title, recognized title, or title by 
        grant, patent, or treaty, to the lands or interests in real 
        property (and improvements thereon) located anywhere in the 
        United States, are hereby extinguished.
            (2) Exception.--Paragraph (1) shall not apply to any right, 
        title, or interest in or to property in the possession of any 
        such person or group on the date of enactment of this Act.
    (e) Bar to Future Claims.--The United States is hereby barred from 
asserting by or on behalf of the Tribe any claim arising before the 
date of enactment of this Act, from the transfer or conveyance of any 
real property (and improvements thereon) or natural resources by deed, 
act of sale, or other grant, or by treaty, compact, or act of law, on 
the grounds that such transfer or conveyance was not made in accordance 
with the laws of the State of Louisiana or laws of the United States.
    (f) Personal Claims Not Affected.--Nothing in this section shall be 
deemed to affect, diminish, or eliminate the personal claim of any 
individual member of the Tribe, or Indian, which is pursued under any 
law of general applicability (other than Federal common law fraud) that 
protects non-Indians as well as Indians.

SEC. 6. BASE MEMBERSHIP ROLL.

    (a) In General.--Within one year after the date of enactment of 
this section, the Tribe shall submit to the Secretary its base 
membership roll. The base membership roll shall be developed and based 
upon the criteria set out in Article III, Section 1 of the 
``Constitution of the United Houma Nation, Inc.''
    (b) Future Membership.--The Tribe shall have the right to determine 
future membership in the Tribe; however, in no event may an individual 
be enrolled as a member of the Tribe unless the individual is a lineal 
descendant of a person on the base membership roll, and has continued 
to maintain political relations with the tribe.
    (c) Member.--For the purposes of this section, the term ``member'' 
means an enrolled member of the Tribe, as of the date of the enactment 
of this Act, or an individual who has been placed on the membership 
rolls of the Tribe in accordance with this section.

SEC. 7. TRIBAL CONSTITUTION AND GOVERNANCE.

    (a) Indian Reorganization Act.--If the Tribe so elects, it may 
organize a tribal government under the Act of June 18, 1934 (25 U.S.C. 
461 et seq.), commonly referred to as the ``Indian Reorganization 
Act''. Pursuant to any such election, the Tribe shall adopt any new 
constitution or other organic law in accordance with such Act.
    (b) Scope of Constitution.--Whether or not the tribe elects under 
subsection (a) to organize under such Act, the Tribe may exercise such 
authority as is consistent with this Act and its constitution.
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