[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 954 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 954

     To confirm Federal recognition of the Miami Nation of Indiana.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 27, 2003

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

_______________________________________________________________________

                                 A BILL


 
     To confirm Federal recognition of the Miami Nation of Indiana.

    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 ``Miami Nation of Indiana Recognition 
Confirmation Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Historically, the Miami Indians lived in northern and 
        central Indiana.
            (2) Pursuant to a series of Federal treaties, some Miami 
        Indians were removed to land in Oklahoma. Other Miami Indians 
        remained in Indiana and were authorized by the Federal 
        Government to do so pursuant to the Treaty of 1854.
            (3) The Treaty of 1854 confirmed reservation of certain 
        lands for the use and benefit of the Miami Indians who remained 
        in Indiana pursuant to that Treaty.
            (4) As a result, by virtue of the Treaty of 1854, the Miami 
        Indians of Indiana (now known as the Miami Nation of Indiana) 
        were recognized by the Federal Government as a separate tribal 
        entity.
            (5) In 1897, the Secretary of the Interior, based on an 
        opinion by then Assistant Attorney General Willis Van Devanter 
        (now acknowledged by the Department of the Interior to be 
        erroneous as a matter of law), purported to withdraw the 
        acknowledgement of the Miami Nation of Indiana, not 
        withstanding the fact that Congress has never terminated the 
        Miami Nation of Indiana, nor has it ever authorized the 
        Department of the Interior to do so.
            (6) The Department of the Interior has acknowledged that 
        the Miami Nation of Indiana has continued to maintain its 
        tribal identity into modern times.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Member.--The term ``member'' means an individual who 
        meets the membership criteria of the Tribe.
            (2) Reservation.--The term ``reservation'' means those 
        lands acquired and held in trust by the Secretary for the 
        benefit of the Tribe.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Service area.--The term ``service area'' means the 
        counties of Allen, Blackford, Carroll, Cass, Grant, Huntington, 
        Miami, Tippicanoe, Wabash, and Whitley.
            (5) State.--The term ``State'' means the State of Indiana.
            (6) Tribe.--The term ``Tribe'' means the Miami Nation of 
        Indiana.

SEC. 4. CONFIRMATION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES.

    (a) Federal Recognition.--Federal recognition of the Tribe is 
hereby confirmed. Except as otherwise provided in this Act, all laws 
and regulations of general application to the Indians that are not 
inconsistent with any specific provision of this Act shall be 
applicable to the Tribe and its members.
    (b) Federal Services and Benefits.--
            (1) In general.--Without regard to the existence of a 
        reservation, the Tribe and its members shall be eligible, on 
        and after the date of the enactment of this Act, for all 
        Federal services and benefits furnished to federally recognized 
        Indian tribes residing on a reservation, and members of the 
        Tribes residing in the Tribe's service area shall be deemed to 
        be residing on a reservation.
            (2) Service area.--The Tribe's service area shall be 
        composed of Allen, Blackford, Carroll, Cass, Grant, Huntington, 
        Miami, Tippicanoe, Wabash, and Whitley counties.

SEC. 5. TRANSFER OF LAND TO BE HELD IN TRUST.

    (a) Lands in Acquired Trust.--The Secretary shall process the 
Tribe's applications for trust status for lands located within the 
Tribe's service area under the Secretary's regulations for ``on-
reservation'' acquisitions.
    (b) No Reservation Lands Created.--Nothing in subsection (a) shall 
be interpreted as creating reservation lands.

SEC. 6. MEMBERSHIP; CONSTITUTION.

    Upon submission by the Tribe, the Secretary shall accept the 
membership roll, membership criteria, and constitution of the Tribe 
that were in use by the Tribe on the day before the date of the 
enactment of this Act.

SEC. 7. MISCELLANEOUS.

    (a) Gaming Rights Withdrawn.--All laws, ordinances, and regulations 
of the State, and of its political subdivisions, shall govern the 
regulation of gambling devices and the conduct of gambling or wagering 
by the Tribe on and off reservation lands. The Indian Gaming Regulatory 
Act (25 U.S.C. 2701 et seq.) shall not apply to the Tribe.
    (b) Hunting, Fishing, Trapping, Gathering, and Water Rights.--
Nothing in this Act shall expand, reduce, or affect in any manner any 
hunting, fishing, trapping, gathering, or water rights of the Tribe or 
its members.
    (c) Certain Rights not Altered.--Except as specifically provided in 
this Act, nothing in this Act shall alter any property right or 
obligation, any contractual right or obligation for taxes levied before 
the date of the enactment of this Act.
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