[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2771 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2771

 To provide for Federal recognition of the Lower Muscogee-Creek Indian 
               Tribe of Georgia, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2000

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

_______________________________________________________________________

                                 A BILL


 
 To provide for Federal recognition of the Lower Muscogee-Creek Indian 
               Tribe of Georgia, and for other purposes.

    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 ``Lower Muscogee-Creek Indian Tribe of 
Georgia Recognition Act''.

SEC. 2. FINDINGS.

    The Congress declares and finds the following:
            (1) The Lower Muscogee-Creek Indian Tribe of Georgia are 
        descendants of and political successors to those Indians known 
        as the original Creek Indian Nation at the time of initial 
        European contact with America.
            (2) The Lower Muscogee-Creek Indian Tribe of Georgia are 
        descendants and political successors to the signatories of the 
        1832 Treaty of Washington which was a treaty made while the 
        Creeks were one nation, before removal. The Treaty involved all 
        Creeks, including the Upper, Middle, and Lower Creeks, when the 
        Creek Nation was whole and intact.
            (3) The Lower Muscogee-Creek Indian Tribe of Georgia 
        consists of over 2,500 eligible members, most of whom continue 
        to reside close to their ancestral homeland within the State of 
        Georgia. Pursuant to Article XII of the 1832 Treaty of 
        Washington, the Lower Muscogee-Creek Indian Tribe of Georgia 
        declined to be removed and continued to operate as a sovereign 
        Indian tribe comprising those Lower Creeks declining removal 
        under the Treaty of 1832.
            (4) The Lower Muscogee-Creek Indian Tribe of Georgia 
        continues its political and social existence with a viable 
        tribal government carrying out many of its governmental 
        functions through its traditional form of collective 
        decisionmaking and social interaction.
            (5) In 1972, when the Lower Muscogee-Creek Indian Tribe of 
        Georgia (also known as the Muscogee-Creek Indian Tribe East of 
        the Mississippi River) petitioned the Bureau of Indian Affairs 
        for Federal recognition, the tribal leaders were not well 
        educated and the Tribe could not afford competent counsel 
        adequately versed in Federal Indian law. The Tribe was unable 
        to obtain technical assistance in its petition which 
        consequently lacked critical and pertinent historical 
        information necessary for recognition. Thus, due to technical 
        omissions, the petition was denied on December 21, 1981.
            (6) Despite the denial of the petition, the United States 
        Government, the government of the State of Georgia, and local 
        governments, have recognized the political leaders of the Lower 
        Muscogee-Creek Indian Tribe of Georgia as leaders of a distinct 
        political governmental entity.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Member.--The term ``member'' means an enrolled member 
        of the Tribe, as of the date of enactment of this Act, or an 
        individual who has been placed on the membership rolls of the 
        Tribe in accordance with this Act.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Tribe.--The term ``Tribe'' means the Lower Muscogee-
        Creek Indian Tribe of Georgia.

SEC. 4. FEDERAL RECOGNITION.

    (a) In General.--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 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. 5. RESERVATION.

    (a) Lands Taken Into Trust.--Notwithstanding any other provision of 
law, if, not later than 2 years after the date of enactment of this 
Act, the Tribe transfers interest in land within the boundaries of 
Grady County, Carroll County, and such other counties in the State of 
Georgia to the Secretary, the Secretary shall take such interests in 
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 land of the Tribe.
    (c) Limitation on Gaming.--Gaming as defined and regulated by the 
Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) is prohibited on 
the land taken into trust under subsection (a).

SEC. 6. BASE MEMBERSHIP ROLL.

    (a) In General.--Not later than 120 days 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 in the membership roll of the 
Tribe shall be developed and based upon the membership provisions as 
contained in the Tribe's Constitution and Bill of Rights. 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, 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.

SEC. 7. JURISDICTION.

    The reservation established pursuant to this Act shall be Indian 
country under Federal and tribal jurisdiction.
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