[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 530 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 530

    To extend Federal recognition to the Muscogee Nation of Florida.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 5, 2009

  Mr. Nelson of Florida (for himself and Mr. Martinez) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Indian Affairs

_______________________________________________________________________

                                 A BILL


 
    To extend Federal recognition to the Muscogee Nation of Florida.

    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 ``Muscogee Nation of Florida Federal 
Recognition Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Muscogee Nation of Florida is comprised of lineal 
        descendants of persons who were historically part of the Creek 
        Confederacy, which relocated from Daleville, Alabama, and other 
        areas of southern Alabama to the State of Florida between 1812 
        and 1887;
            (2) those Creek persons settled in the north Florida 
        panhandle in autonomous communities (referred to in the 
        constitution of the Muscogee Nation as ``Townships''), 
        continuing the lifestyle and traditions practiced by the 
        historic Creek Nation of Alabama and Georgia;
            (3)(A) on dissolution of the Creek Confederacy, the 
        ancestors of current members of the Muscogee Nation of Florida 
        relocated and reestablished home sites, traditions, ceremonial 
        centers, tribal government (including through the traditional 
        appointment of tribal leaders), and tribal economy in rural 
        areas of the State of Florida;
            (B) the relocation described in subparagraph (A) did not 
        prevent the Nation from--
                    (i) continuing to exercise the governing powers of 
                the Nation;
                    (ii) providing services to members of the Nation; 
                or
                    (iii) enjoying the communal lifestyle of the 
                Nation; and
            (C) some members of the Nation remain on original home 
        sites of their Creek ancestors;
            (4) members of the Nation--
                    (A) participated in the 1814 Treaty of Ft. Jackson 
                and the Apalachicola Treaty of October 11, 1832; and
                    (B) were included in the Abbott-Parsons Creek 
                Census, dated 1832 and 1833;
            (5) members of the Nation have established an ancestral 
        claim to land taken from the Nation by General Andrew Jackson 
        in the aftermath of the War of 1812 pursuant to the 1814 Treaty 
        of Ft. Jackson;
            (6) beginning in 1971, the Secretary of the Interior 
        distributed to members of the Nation in 3 actions per capita 
        payments for land claim settlements;
            (7)(A) in 1974, the State of Florida established the 
        Northwest Florida Creek Indian Council to manage issues 
        relating to Creek Indians in northwest Florida; and
            (B) in 1978, the Council held an election for 
        representatives to the tribal government known as the ``Florida 
        Tribe of Eastern Creek Indians'', which is now the Muscogee 
        Nation of Florida;
            (8) in 1986, the Senate and House of Representatives of the 
        State of Florida passed resolutions recognizing the Muscogee 
        Nation of Florida as an Indian tribe;
            (9) the community of Bruce in Walton County, Florida, has 
        been a governing center for the Nation for more than 150 years;
            (10) in the community of Bruce, the Nation--
                    (A) beginning in the early 1860s, used and 
                maintained the Antioch Cemetery, which remains in use 
                by members of the Nation as of the date of enactment of 
                this Act;
                    (B) between 1895 and 1947, maintained a school that 
                was attended by members of the Nation;
                    (C) in 1912, established a church that is 
                recognized by the Methodist Conference as a Native 
                American church; and
                    (D) maintained a ceremonial area on Bruce Creek 
                that was attended until the late 1920s;
            (11) the ceremonial area of the Nation, as in existence on 
        the date of enactment of this Act--
                    (A) is located in the community of Blountstown, 
                Florida, 1 of the reservations referred to in the 
                Apalachicola Treaty of October 11, 1832; and
                    (B) is the site of continuing ceremonies, such as 
                Green Corn, and traditional events;
            (12) local governments have recognized the community of 
        Bruce as the center of tribal government of the Nation; and
            (13) during the 30-year period preceding the date of 
        enactment of this Act, the Nation has received Federal, State, 
        and local grants, and entered into contracts, to provide 
        services and benefits to members of the Nation.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Member.--The term ``member'' means--
                    (A) an individual who is an enrolled member of the 
                Nation as of the date of enactment of this Act; and
                    (B) an individual who has been placed on the 
                membership rolls of the Nation in accordance with this 
                Act.
            (2) Nation.--The term ``Nation'' means the Muscogee Nation 
        of Florida (formerly known as the ``Florida Tribe of Eastern 
        Creek Indians'').
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Tribal council.--The term ``Tribal Council'' means the 
        governing body of the Nation.

SEC. 4. FEDERAL RECOGNITION.

    (a) Recognition.--
            (1) In general.--Federal recognition is extended to the 
        Nation.
            (2) Applicability of laws.--All laws (including 
        regulations) of the United States of general applicability to 
        Indians or nations, Indian tribes, or bands of Indians 
        (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)) 
        that are not inconsistent with this Act shall be applicable to 
        the Nation and members.
    (b) Federal Services and Benefits.--
            (1) In general.--On and after the date of enactment of this 
        Act, the Nation and members shall be eligible for all services 
        and benefits provided by the Federal Government to federally 
        recognized Indian tribes without regard to--
                    (A) the existence of a reservation for the Nation; 
                or
                    (B) the location of the residence of any member on 
                or near any Indian reservation.
            (2) Service area.--For the purpose of the delivery of 
        Federal services to members, the service area of the Nation 
        shall be considered to be--
                    (A) the community of Bruce in Walton County, 
                Florida; and
                    (B) an area in the State of Florida in which 
                members reside that is bordered--
                            (i) on the west by the Escambia River; and
                            (ii) on the east by the St. Marks River.

SEC. 5. CONSTITUTION AND BYLAWS.

    (a) In General.--The constitution and bylaws of the Nation shall be 
the constitution and bylaws of the Tribal Council dated January 21, 
2001 (including amendments), as submitted to the Secretary for approval 
on recognition.
    (b) New Constitution and Bylaws.--On receipt of a written request 
of the Tribal Council, the Secretary shall hold a referendum for 
members for the purpose of adopting a new constitution and bylaws, in 
accordance with section 16 of the Act of June 18, 1934 (25 U.S.C. 476).

SEC. 6. TRIBAL COUNCIL.

    The Tribal Council--
            (1) shall represent the Nation and members; and
            (2) may--
                    (A) enter into any contract, grant agreement, or 
                other agreement with any Federal department or agency;
                    (B) carry out or administer such programs as the 
                Tribal Council determines to be appropriate to carry 
                out the contracts and agreements; and
                    (C) designate a successor in interest pursuant to a 
                new constitution or bylaw of the Nation adopted under 
                section 5(b).

SEC. 7. MEMBERSHIP ROLL.

    The membership roll of the Nation shall be determined in accordance 
with the membership criteria established by the ordinance of the Nation 
numbered 04-01-100 and dated February 7, 2004.
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