[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2591 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2591
To extend Federal recognition to the Muscogee Nation of Florida.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 19, 2011
Mr. Miller of Florida introduced the following bill; which was referred
to the Committee on Natural Resources
_______________________________________________________________________
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) the community of Bruce in Walton County, Florida, has
been a governing center for the Nation for more than 150 years;
(9) 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;
(10) 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;
(11) local governments have recognized the community of
Bruce as the center of tribal government of the Nation; and
(12) 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.
SEC. 8. LAND IN TRUST.
The Secretary is authorized to take land in trust on behalf of the
Muscogee Nation of Florida pursuant to part 151 of title 25, Code of
Federal Regulations.
<all>