[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3069 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3069

To reaffirm and clarify the Federal relationship of the Dunlap Band of 
     Mono Indians as a distinct federally recognized Indian Tribe.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 17, 2007

 Mr. Nunes (for himself and Mr. Costa) introduced the following bill; 
        which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To reaffirm and clarify the Federal relationship of the Dunlap Band of 
     Mono Indians as a distinct federally recognized Indian Tribe.

    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 ``Dunlap Band of 
Mono Indians Reaffirmation Act''.
    (b) Definitions.--In this Act:
            (1) Tribe.--The term ``Tribe'' means the Dunlap Band of 
        Mono Indians.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Interior.
            (3) Service area.--The term ``service area'' refers to the 
        county of Fresno, located within the State of California, and 
        as used under section 20.100 of title 25, Federal Code of 
        Regulations, including for the purpose of delivery of Federal 
        services to Indians.

SEC. 2. REAFFIRMATION OF FEDERAL RECOGNITION.

    Federal recognition of the Dunlap Band of Mono Indians is hereby 
reaffirmed. All Federal laws of general application to Indians and 
Indian tribes shall apply with respect to the Tribe.

SEC. 3. REAFFIRMATION OF RIGHTS AND PRIVILEGES.

    All rights and privileges of the Tribe and members of the Tribe 
that may have been abrogated or diminished or lost as a result of 
administrative oversight or neglect, or as a result of implementation 
of the termination policy of the Federal Government in the State of 
California, are hereby reaffirmed to the Tribe and its members.

SEC. 4. FEDERAL PROGRAMS AND SERVICES.

    Beginning on the date of the enactment of this Act, the Tribe and 
members of the Tribe shall be eligible for all programs, benefits, and 
services provided by the United States to Indians and Indian tribes, 
without regard to the existence of a reservation for the Tribe. In the 
case of programs or services available to Indians residing on a 
reservation, members of the Tribe residing in the Tribe's service area 
shall be deemed to be residing on a reservation. The eligibility for, 
or receipt of, services and benefits under this section by the Tribe or 
its individual members shall not be considered as income, resources, or 
otherwise when determining the eligibility for, or computation of, any 
payment or other benefit to the Tribe, individuals, or households under 
any financial aid program of the United States, including grants and 
contracts subject to the Indian Self-Determination Act; or any other 
benefit to which the Tribe, individuals, or households would otherwise 
be entitled under any Federal or federally assisted program.

SEC. 5. TRANSFER OF LAND FOR THE BENEFIT OF THE TRIBE.

    (a) Lands To Be Taken Into Trust.--On application by the Tribe, the 
Secretary shall take into trust for the benefit of the Tribe any real 
property located within a 15 mile radius from the center of Dunlap, 
California, a point located at 36.738 degrees North, 119.120 degrees 
West, if the property is conveyed or otherwise transferred to the 
Secretary and if, at the time of such conveyance or transfer, there are 
no adverse legal claims to the property (including outstanding liens, 
mortgages, and taxes).
    (b) Interests in Trust Allotment.--Subject to subsection (a), real 
property eligible for trust status under this section shall include 
interests in current and former Indian trust allotments held by members 
of the Tribe or by such member's Indian heirs or successors in 
interest.
    (c) Trust Interests.--On application by the Tribe, and pursuant to 
the consent of the Tribe's member or such member's Indian heirs or 
successors in interest holding a trust interest in an Indian trust 
allotment, the Secretary shall approve conveyance of those interests 
from such persons to the Tribe.
    (d) Fee Interests.--On application by the Tribe, and pursuant to 
the consent of the Tribe's member or such member's Indian heirs or 
successors in interest who possess or have acquired a fee interest in 
an Indian trust allotment, the Secretary shall take the fee interest 
into trust for the benefit of the Tribe.
    (e) Lands To Be Part of Reservation.--Any real property taken into 
trust for the benefit of the Tribe pursuant to this section shall be 
part of the Tribe's reservation.
    (f) Limitation Under IGRA.--Application of section 20 (b)(1)(B) of 
the Indian Gaming Regulatory Act (25 U.S.C. 2719(b)(1)(B)) shall be 
limited to real property taken into trust by the Secretary under this 
section.

SEC. 6. INITIAL MEMBERSHIP.

    (a) Compilation of Tribal Membership Rolls.-- The Secretary shall, 
after consultation with the Tribe, compile a base membership roll of 
the Tribe within one year after the date of enactment of this Act. The 
base membership roll shall include only individuals who are living, are 
not members of any other federally recognized Indian tribe, have not 
relinquished membership in the Tribe, and who meet the eligibility 
criteria under subsection (b).
    (b) Eligibility Criteria for Base Roll.--The following individuals 
are eligible for inclusion on the base membership roll of the Tribe--
            (1) all persons of Entimbitch or Woponunch ancestry whose 
        names appear on any of the following Indian rolls--
                    (A) the official roll of California Indians 
                prepared pursuant to the Act of May 12, 1928 (45 Stat. 
                502), as approved by the Secretary of the Interior on 
                May 16, 1933;
                    (B) the 1944 rolls prepared for the 1944 land claim 
                enrollment of California Indians;
                    (C) the roll prepared for the 1964 land claim 
                enrollment of California Indians; or
                    (D) the 1940 Census taken in Fresno County, 
                California; and
            (2) all \1/32\ degree descendants of the individuals 
        identified in subsection (b)(1).
    (c) Future Membership.--After adoption of a Tribal constitution 
pursuant to this Act, the Tribe's constitution shall govern membership 
in the Tribe.
    (d) Conclusive Proof of Indian Ancestry.--For the purpose of 
subsection (b), the Secretary shall--
            (1) accept any available evidence establishing a person's 
        Dunlap Mono ancestral relationship to the Tribe;
            (2) accept as conclusive evidence of such ancestry, 
        information contained in--
                    (A) any census of the Indians in or near Dunlap 
                prepared by Special Indian Agents of the Federal 
                Government; or
                    (B) in any other roll, census, or list of Indians 
                from the Dunlap area prepared by, or at the direction 
                of, the Bureau of Indian Affairs.

SEC. 7. INTERIM GOVERNMENT.

    The governing body of the Tribe shall serve as Interim Tribal 
Council until the Tribe ratifies its constitution consistent with 
section 9. The initial membership of the Interim Tribal Council shall 
consist of the members of the Tribal Council elected pursuant to the 
Tribe's constitution as adopted on June 19, 1999, and serving on the 
date of the enactment of this Act. The Interim Tribal Council shall 
continue to operate in the manner prescribed for the Tribal Council 
under the Tribe's constitution as adopted on June 19, 1999, until the 
Tribe ratifies its constitution pursuant to section 9. Any vacancies on 
the Interim Tribal Council shall be filled by individuals who meet the 
membership criteria set forth in section 7(b) and who are elected in 
the same manner as are Tribal Council members pursuant to the Tribe's 
constitution.

SEC. 8. CONSTITUTION.

    (a) Election; Time and Procedure.--The Secretary shall conduct an 
election by secret ballot for the purpose of ratifying a constitution 
for the Tribe upon the written request of the Interim Tribal Council 
and after the compilation of the Tribal membership roll pursuant to 
section 7. The election shall be consistent with sections 16(c)(1) and 
16(c)(2)(A) of the Act of June 18, 1934 (the Indian Reorganization Act, 
25 U.S.C. 476(c)(1) and 476(c)(2)(A)). Voting members shall be 
permitted to cast absentee ballots regardless of their residence.
    (b) Election of Tribal Officials.--The Secretary shall conduct 
elections by secret ballot for the purpose of electing Tribal officials 
as provided in the Tribe's constitution not later than 120 days after 
the Tribe ratifies its constitution under subsection (a). Such 
elections shall be conducted according to the procedures specified in 
subsection (a), except to the extent that such procedures conflict with 
the Tribe's constitution.

SEC. 9. REGULATIONS.

    The Secretary may promulgate such regulations as are necessary to 
carry out the provisions of this Act.
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