[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4693 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4693

  To provide for Federal recognition of the Qutekcak Native Tribe of 
   Alaska and the Tuscarora Nation of the Kau-ta-Noh, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 2, 1998

    Mr. Young of Alaska (for himself, Mr. Hefner, and Mr. McIntyre) 
 introduced the following bill; which was referred to the Committee on 
                               Resources

_______________________________________________________________________

                                 A BILL


 
  To provide for Federal recognition of the Qutekcak Native Tribe of 
   Alaska and the Tuscarora Nation of the Kau-ta-Noh, and for other 
                               purposes.

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

              TITLE I--TUSCARORA NATION OF THE KAU-TA-NOH

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Tuscarora Nation of the Kau-ta-Noh 
Recognition Act''.

SEC. 102. FINDINGS.

    The Congress declares and finds the following:
            (1) The Tuscarora Nation of the Kau-ta-Noh are descendants 
        and political successors to the Kau-ta-Noh Tribe, a branch of 
        those Indians known as the Tuscarora Indians at the time of 
        initial European contact with America.
            (2) The Tuscarora Nation of the Kau-ta-Noh consists of over 
        1,000 eligible members who continue to reside close to their 
        ancestral homeland, an area now known as Hoke, Robeson, and 
        Wilson Counties within the State of North Carolina.
            (3) The Tuscarora Nation of the Kau-ta-Noh continues its 
        political and social existence with a viable tribal government 
        carrying out many of its governmental functions through its 
        traditional forms of collective decision making and social 
        interaction.
            (4) In 1989 the Tuscarora Nation of the Kau-ta-Noh 
        requested in writing that the United States Government, under 
        the Act of June 18, 1934 (25 U.S.C. 461 et seq.; commonly 
        referred to as the ``Indian Reorganization Act of 1934''), 
        recognize the Tuscarora Nation of the Kau-ta-Noh.
            (5) For 8 years the United States Government lost the 
        request for recognition filed by the Tuscarora Nation of the 
        Kau-ta-Noh. Although the recognition request was discovered in 
        1997 by officials of the United States Government within its 
        own files, no action has been taken by the United States 
        Government on that recognition request.

SEC. 103. DEFINITIONS.

    For the purposes of this title:
            (1) The term ``Tribe'' means the Tuscarora Nation of the 
        Kau-ta-Noh.
            (2) The term ``Secretary'' means the Secretary of the 
        Interior.
            (3) The term ``member'' means an individual who is included 
        on the Tribe's membership roll.

SEC. 104. 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 
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) Federal Benefits and Services.--The Tribe and its members shall 
be eligible, on or after the date of the enactment of this Act, for all 
Federal benefits and services furnished to federally recognized Indian 
tribes and their members because of their status as Indians without 
regard to the existence of a reservation for the Tribe or the residence 
of any member on or near an Indian reservation.
    (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.

SEC. 105. TRIBAL LANDS.

    (a) Lands Taken Into Trust.--Notwithstanding any other provision of 
law, if, not later than 2 years after the date of the enactment of this 
Act, the Tribe transfers land within the boundaries of Hoke County, 
Robeson County, and Wilson County, North Carolina, to the Secretary, 
the Secretary shall take such land into trust for the benefit of the 
Tribe.
    (b) Reservation Established.--Land taken into trust pursuant to 
subsection (a) shall be the initial reservation of the Tribe.

SEC. 106. BASE MEMBERSHIP ROLL.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Tribe shall submit to the Secretary a 
membership roll consisting of all individuals who are members of the 
Tribe. The qualifications for inclusion on the membership roll of the 
Tribe shall be determined by the membership clauses in the Tribe's 
governing document. Upon completion of the membership roll, the 
Secretary shall publish notice of such in the Federal Register. The 
Tribe shall ensure that such roll is maintained and kept current.
    (b) Future Membership.--The Tribe shall have the right to determine 
future membership in the Tribe.

SEC. 107. JURISDICTION.

    The reservation established pursuant to this title shall be Indian 
Country under exclusive Federal jurisdiction.

SEC. 108. ORGANIZATION OF TRIBE.

    (a) Organization and Organic Governing Document.--The Tribe may 
organize for its common welfare and adopt an appropriate instrument, in 
writing, to govern the affairs of the Tribe when acting in its 
governmental capacity. The Tribe shall file with the Secretary of the 
Interior a copy of its organic governing document and any amendments 
thereto.
    (b) New Governing Document or Amendments or Revisions of Interim 
Governing Document; Tribal Election.--Not less than 24 months after the 
date of the enactment of this Act, the Tribe's governing body may 
propose a new governing document or amendments or revisions to the 
interim governing document, and the Secretary shall conduct a tribal 
election as to the adoption of that proposed document not later than 6 
months after the date that the document is transmitted to the 
Secretary.
    (c) Approval of New Governing Document.--The Secretary shall 
approve the new governing document if that document is approved by a 
majority of the tribal voters unless the Secretary determines that such 
document is in violation of any laws of the United States.
    (d) Interim Governing Document Pending Approval.--Until the Tribe 
adopts and the Secretary approves a new governing document, the interim 
governing document of the Tribe shall be the Tribe's constitution, 
known as the Great Law of Peace.
    (e) Governing Body Pending Adoption of Final Document.--Until the 
Tribe adopts a final governing document, the Tribe's governing body 
shall consist of the Tribe's governing body on the date of the 
enactment of this Act.

                    TITLE II--QUTEKCAK NATIVE TRIBE

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Qutekcak Native Tribe Recognition 
Act''.

SEC. 202. FINDINGS.

    The Congress declares and finds the following:
            (1) The Qutekcak Native Tribe wishes to continue to 
        exercise its inherent right to self-determination and self-
        governance and to maintain and strengthen its distinct 
        political, economic, social, and cultural characteristics in 
        the spirit of its ancestors.
            (2) The Qutekcak Native Tribe consists of 257 members who 
        continue to reside within their ancestral homeland, an area 
        which includes the lands and waters located within Resurrection 
        and Aialik Bays within the State of Alaska and an area which 
        has been traditionally used or owned by the Native people of 
        Qutekcak and neighboring villages.
            (3) The Qutekcak Native Tribe has a tribal government which 
        has traditionally functioned through time honored 
        decisionmaking processes which have been reinforced for 
        centuries by the social acceptance of its members.

SEC. 203. DEFINITIONS.

    For the purposes of this title:
            (1) The term ``Tribe'' means the Qutekcak Native Tribe.
            (2) The term ``Secretary'' means the Secretary of the 
        Interior.
            (3) 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 Act.

SEC. 204. ESTABLISHMENT OF FEDERAL TRUST RELATIONSHIP.

    (a) Federal Recognition.--Federal recognition is hereby extended to 
the Tribe. All laws and regulations of general application to Alaska 
Natives, Alaska Native villages, and Indians or nations, tribes, or 
bands of Indians that are not inconsistent with any specific provision 
of this title shall be applicable to the Tribe and its members.
    (b) Federal Benefits and Services.--The Tribe and its members shall 
be eligible, on or after the date of the enactment of this Act, for all 
Federal benefits and services furnished to federally recognized Alaska 
Native villages and Indian tribes and their members because of their 
status as Alaska Natives or Indians without regard to the existence of 
a reservation for the Tribe or the residence of any member on or near 
an Alaska Native village or Indian reservation.
    (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.

SEC. 205. BASE MEMBERSHIP ROLL.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Tribe shall submit to the Secretary a 
membership roll consisting of all individuals who are members of the 
Tribe. The qualifications for inclusion on the membership roll of the 
Tribe shall be developed and based upon the membership clauses in the 
Tribe's governing document. Upon completion of the membership roll, the 
Secretary shall publish notice of such in the Federal Register. The 
Tribe shall ensure that such roll is maintained and kept current.
    (b) Future Membership.--The Tribe shall have the right to determine 
future membership in the Tribe.

SEC. 206. ORGANIZATION OF TRIBE.

    (a) Organization and Organic Governing Document.--The Tribe may 
organize for its common welfare and adopt an appropriate instrument, in 
writing, to govern the affairs of the Tribe when acting in its 
governmental capacity. The Tribe shall file with the Secretary of the 
Interior a copy of its organic governing document and any amendments 
thereto.
    (b) New Governing Document or Amendments or Revisions of Interim 
Governing Document; Tribal Election.--Not less than 24 months after the 
date of the enactment of this Act, the Tribe's governing body may 
propose a new governing document or amendments or revisions to the 
interim governing document, and the Secretary shall conduct a tribal 
election as to the adoption of that proposed document not later than 6 
months after the date that the document is transmitted to the 
Secretary.
    (c) Approval of New Governing Document.--The Secretary shall 
approve the new governing document if that document is approved by a 
majority of the tribal voters unless the Secretary determines that such 
document is in violation of any laws of the United States.
    (d) Interim Governing Document Pending Approval.--Until the Tribe 
adopts and the Secretary approves a new governing document, the interim 
governing document of the Tribe shall be the Tribe's constitution.
    (e) Governing Body Pending Adoption of Final Document.--Until the 
Tribe adopts a final governing document, the Tribe's governing body 
shall consist of the Tribe's governing body on the date of the 
enactment of this Act.
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