[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3526 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3526

 To extend Federal recognition to the Mowa Band of Choctaw Indians of 
                    Alabama, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2005

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

_______________________________________________________________________

                                 A BILL


 
 To extend Federal recognition to the Mowa Band of Choctaw Indians of 
                    Alabama, 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; DEFINITIONS.

    (a) Short Title.--This Act may be cited as the ``Mowa Band of 
Choctaw Indians Recognition Act''.
    (b) Definitions.--For the purposes of this Act:
            (1) Tribe.--The term ``Tribe'' means the Mowa Band of 
        Choctaws and Mowa Band of Choctaw Indians of Alabama.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 2. FEDERAL RECOGNITION.

    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 Tribe.

SEC. 3. RESTORATION OF RIGHTS.

    (a) In General.--All rights and privileges of the Tribe which may 
have been abrogated or diminished before the date of the enactment of 
this Act by reason of any provision of Federal law that terminated 
Federal recognition of the Tribe are hereby restored and such Federal 
law shall no longer apply with respect to the Tribe or the members of 
the Tribe.
    (b) Approval of Transfers.--Under the treaties entered into by the 
ancestors of the Tribe, 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 cession and the cession shall be 
regarded as an extinguishment of all interest of the Tribe, 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 Tribe, 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) Historical Land Claims.--The Tribe has no historical land claim 
and cannot and shall not use its Federal recognition to assert any 
historical land claim. As used herein, ``historical land claim'' means 
a claim to land based upon a contention that the Tribe, or its 
ancestors, were the native inhabitants of such land or based upon the 
Tribe's ``status as native Americans or based upon the Mowa Band of 
Choctaws'' Federal recognition.
    (d) Request and Best Interest of Tribe.--Congress finds that the 
provisions of this section are enacted at the request of the Tribe and 
are in the best interests of the Tribe.

SEC. 4. LANDS.

    (a) Land Taken Into Trust.--All legal rights, title, and interests 
in lands that are held by the Tribe on the date of the enactment of 
this Act are hereby transferred, at the request of the Tribe, to the 
United States in trust for the use and benefit of the Tribe.
    (b) Future Lands Into Trust.--(1) Notwithstanding any other 
provision of law, if the Tribe transfers to the Secretary any interest 
in lands acquired by the Tribe after the date of the enactment of this 
Act, the Secretary shall accept such land on behalf of the United 
States. Such lands shall be held by the United States in trust for the 
benefit of the Tribe.
    (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 use and 
benefit of the Tribe pursuant to this section shall constitute the 
reservation of the Tribe.
    (d) Congress finds that the provisions of this section are enacted 
at the request of the Tribe and are in the best interests of the Tribe.

SEC. 5. SERVICES AND BENEFITS.

    The Tribe, and the members of the Tribe, 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 the enactment of this Act to the 
Tribe, and to the members of the Tribe, without regard to the existence 
of a reservation for the Tribe or the location of the residence of any 
member of the Tribe on or near an Indian reservation.

SEC. 6. CONSTITUTION AND BYLAWS.

    (a) In General.--The Tribe may organize for its common welfare and 
adopt a constitution and bylaws in accordance with regulations 
prescribed by the Secretary. The Secretary shall offer to assist the 
Tribe in drafting a constitution and bylaws for the Tribe.
    (b) Filing With Secretary.--Any constitution, bylaws, or amendments 
to the constitution or bylaws that are adopted by the Tribe shall take 
effect only after such constitution, bylaws, or amendments are filed 
with the Secretary.

SEC. 7. MEMBERSHIP.

    (a) Interim Membership.--Until a constitution for the Tribe is 
adopted, the membership of the Tribe shall consist of every individual 
who--
            (1) is named in the tribal membership roll that is in 
        effect on the date of the enactment of this Act, or
            (2) is a descendant of any individual described in 
        paragraph (1).
    (b) Membership After Adoption of Constitution and Bylaws.--After 
the adoption of a constitution by the Tribe, the membership of the 
Tribe shall be determined in accordance with the terms of such 
constitution or any bylaws adopted under such constitution.

SEC. 8. REGULATIONS.

    The Secretary shall prescribe such regulations as may be necessary 
to carry out the purposes of this Act.
                                 <all>