[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 292 Introduced in Senate (IS)]

  1st Session
                                 S. 292

 To provide Federal recognition of the Mowa Band of Choctaw Indians of 
                                Alabama.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 27 (legislative day, January 10), 1995

  Mr. Shelby introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
 To provide Federal recognition of the Mowa Band of Choctaw Indians of 
                                Alabama.

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

                              short title

    Section 1. This Act may be cited as the ``Mowa Band of Choctaw 
Indians Recognition Act''.

                          federal recognition

    Sec. 2. Federal recognition is hereby extended to the Mowa Band of 
Choctaw Indians of Alabama. All Federal laws of general application to 
Indians and Indian tribes shall apply with respect to the Mowa Band of 
Choctaw Indians of Alabama.

                         restoration of rights

    Sec. 3. (a) All rights and privileges of the Mowa Band of Choctaw 
Indians which may have been abrogated or diminished before the date of 
enactment of this Act by reason of any provision of Federal law that 
terminated Federal recognition of the Mowa Band of Choctaw Indians of 
Alabama are hereby restored and such Federal law shall no longer apply 
with respect to the Band or the members of the Band.
    (b) Under the treaties entered into by the ancestors of the Mowa 
Band of Choctaws, all historical tribal lands were ceded to the United 
States. Congress does hereby approve and ratify such cession effective 
as of the date of the said cession and said cession shall be regarded 
as an extinguishment of all interest of the Mowa Band of Choctaws, if 
any, in said lands as of the date of the cession. By virtue of the 
approval and ratification of the cession of said lands, all claims 
against the United States, any State or subdivision thereof, or any 
other person or entity, by the Mowa Band of Choctaws, including but not 
limited to, claims for trespass damages or claims for use and 
occupancy, arising subsequent to the cession and that are based upon 
any interest in or right involving such land, shall be regarded as 
extinguished as of the date of the cession.
    (c) The Mowa Band of Choctaws has no historical land claim and 
cannot, and shall not utilize its Federal recognition as provided by 
this Act to assert any historical land claim. As used herein, 
``historical land claim'' means a claim to land based upon a contention 
that the Mowa Band of Choctaws, or its ancestors, were the native 
inhabitants of such land or based upon the Mowa Band of Choctaws' 
status as native Americans or based upon the Mowa Band of Choctaws' 
Federal recognition as provided by this Act.
    (d) Except as otherwise specifically provided in section 4 or any 
other provision of 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, or
            (3) any obligation to pay a tax levied before the date of 
        enactment of this Act.

                                 lands

    Sec. 4. (a) All legal rights, title, and interests in lands that 
are held by the Mowa Band of Choctaw Indians of Alabama on the date of 
enactment of this Act are hereby transferred to the United States in 
trust for the use and benefit of the Mowa Band of Choctaw Indians of 
Alabama.
    (b)(1) Notwithstanding any other provision of law, the Mowa Band of 
Choctaw Indians of Alabama shall transfer to the Secretary of the 
Interior, and the Secretary of the Interior shall accept on behalf of 
the United States, any interest in lands acquired by such Band after 
the date of enactment of this Act. Such lands shall be held by the 
United States in trust for the benefit of the Mowa Band of Choctaw 
Indians of Alabama.
    (2) Notwithstanding any other provision of law, the Attorney 
General of the United States shall approve any deed or other instrument 
used to make a conveyance under paragraph (1).
    (c) Any lands held in trust by the United States for the benefit of 
the Mowa Band of Choctaw Indians of Alabama by reason of this section 
shall constitute the reservation of such Band.
    (d) The Congress finds that the provisions of this section are 
enacted at the request of the Mowa Band of Choctaw Indians of Alabama 
and are in the best interests of such Band.

                                services

    Sec. 5. The Mowa Band of Choctaw Indians of Alabama, and the 
members of such Band, shall be eligible for all services and benefits 
that are provided by the Federal Government to Indians because of their 
status as federally recognized Indians and, notwithstanding any other 
provision of law, such services and benefits shall be provided after 
the date of enactment of this Act to the Band, and to the members of 
the Band, without regard to the existence of a reservation for the Band 
or the location of the residence of any member of the Band on or near 
any Indian reservation.

                        constitution and bylaws

    Sec. 6. (a) The Mowa Band of Choctaw Indians of Alabama may 
organize for its common welfare and adopt a constitution and bylaws in 
accordance with regulations prescribed by the Secretary of the 
Interior. The Secretary of the Interior shall offer to assist the Band 
in drafting a constitution and bylaws for the Band.
    (b) Any constitution, bylaws, or amendments to the constitution or 
bylaws that are adopted by the Mowa Band of Choctaw Indians of Alabama 
shall take effect only after such constitution, bylaws, or amendments 
are filed with the Secretary of the Interior.

                               membership

    Sec. 7. (a) Until a constitution for the Mowa Band of Choctaw 
Indians of Alabama is adopted, the membership of the Band shall consist 
of every individual who--
            (1) is named in the tribal membership roll that is in 
        effect on the date of enactment of this Act, or
            (2) is a descendant of any individual described in 
        paragraph (1).
    (b) After the adoption of a constitution by the Mowa Band of 
Choctaw Indians of Alabama, the membership of the Band shall be 
determined in accordance with the terms of such constitution or any 
bylaws adopted under such constitution.

                              regulations

    Sec. 8. The Secretary of the Interior shall prescribe such 
regulations as may be necessary to carry out the purposes of this Act.
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