[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5215 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5215
To provide for the restoration of Federal recognition to the Clatsop-
Nehalem Confederated Tribes of Oregon, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 2014
Ms. Bonamici introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To provide for the restoration of Federal recognition to the Clatsop-
Nehalem Confederated Tribes of Oregon, 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.
This Act may be cited as the ``Clatsop-Nehalem Restoration Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Interim council.--The term ``Interim Council'' means
the council which is established under, and the members elected
pursuant to, section 5.
(2) Member.--The term ``member'', when used with respect to
the tribe, means an individual enrolled on the membership roll
of the tribe in accordance with section 7.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior or his designated representative.
(4) Tribal governing body.--The term ``tribal governing
body'' means the governing body that is established under, and
the members elected pursuant to, the tribal constitution and
bylaws adopted in accordance with section 6.
(5) Tribe.--The term ``tribe'' means Clatsop-Nehalem
Confederated Tribes of Oregon considered as one tribe in
accordance with section 3.
SEC. 3. CONSIDERATION OF THE CLATSOP-NEHALEM CONFEDERATED TRIBES AS ONE
TRIBE.
The Clatsop-Nehalem Confederated Tribes of Oregon shall be
considered as one tribal unit for purposes of Federal recognition and
eligibility for Federal benefits under section 4, the establishment of
tribal self-government under sections 5 and 6, and the compilation of a
tribal membership roll under section 7.
SEC. 4. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES.
(a) Federal Recognition.--Notwithstanding any provision of the Act
approved August 13, 1954 (25 U.S.C. 691 et seq.) or any other law,
Federal recognition is extended to the Clatsop-Nehalem Confederated
Tribes of Oregon. Nothing is this bill shall affect or diminish the
treaty rights previously determined for other federally recognized
Indian tribes.
(b) Restoration of Rights and Privileges.--Except as provided in
subsection (d), all rights and privileges of the tribe and the members
of the tribe under any Federal treaty, Executive order, agreement,
statute, or other Federal authority, that may have been diminished or
lost under the Act approved August 13, 1954 (25 U.S.C. 691 et seq.) are
restored, and the provisions of such Act shall be inapplicable to the
tribe and to members of the tribe after the date of the enactment of
this Act.
(c) Federal Services and Benefits.--Notwithstanding any other
provision of law, 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 without
regard to the existence of a reservation for the tribe. In the case of
Federal services available to members of federally recognized Indian
tribes residing on or near a reservation, members of the tribe residing
in the following counties of the State of Oregon shall be deemed to be
residing on or near a reservation:
(1) Tillamook County.
(2) Clatsop County.
(d) No Hunting, Fishing or Trapping Rights Restored.--No hunting,
fishing, or trapping rights of any nature of the tribe or of any
member, including any indirect or procedural right or advantage over
individuals who are not members, are granted or restored under this
Act.
(e) Effect on Property Rights and Other Obligations.--Except as
otherwise specifically provided in this Act, no provision contained in
this Act shall alter any property right or obligation, any contractual
right or obligation, or any obligation for taxes already levied.
SEC. 5. INTERIM COUNCIL.
(a) Establishment.--There is established an Interim Council of the
tribe which shall be composed of nine members. The Interim Council
shall--
(1) represent the tribe and its members in the
implementation of this Act; and
(2) be the governing body of the tribe until the tribal
governing body convenes.
(b) Nomination and Election of Interim Council Members.--
(1) General council meeting.--Not later than 45 days after
the date of the enactment of this Act, the Secretary shall
announce the date of a general council meeting of the tribe to
nominate candidates for election to the Interim Council. Such
general council meeting shall be held not later than 15 days
after such announcement.
(2) Election.--Not later than 45 days after the general
council meeting held under paragraph (1), the Secretary shall
hold an election by secret ballot to elect the members of the
Interim Council from among the members nominated in the general
council meeting. Absentee and write-in balloting shall be
permitted.
(3) Approval of results.--The Secretary shall approve the
results of the Interim Council election conducted pursuant to
this subsection if the Secretary is satisfied that the
requirements of this section relating to the nomination and the
election processes have been met. If the Secretary is not so
satisfied, the Secretary shall--
(A) call for another general council meeting to be
held not later than 60 days after such election to
nominate candidates for election to the Interim
Council; and
(B) hold another election within 45 days of such
meeting.
(4) Notice.--The Secretary shall take any action necessary
to ensure that each member described in section 7(d) is given
notice of the time, place, and purpose of each meeting and
election held pursuant to this subsection not less than 10 days
before the general meeting or election.
(c) Authority and Capacity; Termination.--The Interim Council
shall--
(1) have no powers other than those given it under this
Act;
(2) with respect to any Federal service or benefit for
which the tribe or any member is eligible, have full authority
and capacity to receive grants and to enter into contracts;
(3) except as provided in subsection (d), terminate on the
date that the tribal governing body first convenes; and
(4) with respect to any contractual right established and
any obligation entered into by the Interim Council, have the
authority and capacity to bind the tribal governing body, as
the successor in interest to the Interim Council, for a period
of not more than 6 months beginning on the date such tribal
governing body first convenes.
(d) Vacancy on Interim Council.--Not later than 30 days after a
vacancy occurs on the Interim Council and subject to the approval of
the Secretary, the Interim Council shall hold a general council meeting
to nominate a candidate for election to fill such vacancy and hold such
election. The Interim Council shall provide notice of the time, place,
and purpose of such meeting and election to members described in
section 7(d) not less than 10 days before each general meeting or
election.
SEC. 6. TRIBAL CONSTITUTION AND BYLAWS; TRIBAL GOVERNING BODY.
(a) Adoption of Proposed Constitution and Bylaws; Election.--
(1) Time and procedure.--The Interim Council shall--
(A) prepare the tribal constitution and bylaws
which shall provide for, at a minimum, the
establishment of a tribal governing body and tribal
membership qualifications; and
(B) adopt such tribal constitution not later than 6
months after the date of the enactment of this Act.
(2) Election.--Upon the adoption of the proposed tribal
constitution and bylaws by the Interim Council, the Council
shall request that the Secretary, in writing, schedule an
election to approve or disapprove the adoption of such
constitution and bylaws. The Secretary shall conduct an
election by secret ballot in accordance with section 16 of the
Act of June 18, 1934.
(b) Notice and Consultation.--Not less than 30 days before any
election scheduled pursuant to subsection (a), a copy of the proposed
tribal constitution and bylaws, as adopted by the Interim Council,
along with a brief and impartial description of the proposed
constitution and bylaws shall be sent to each member described in
section 7(d). The members of the Interim Council may freely consult
with members of the tribe concerning the text and description of the
constitution and bylaws, except that such consultation may not be
carried on within 50 feet of the polling places on the date of such
election.
(c) Majority Vote for Adoption; Procedure in Event of Failure To
Adopt Proposed Constitution.--
(1) Majority vote for adoption.--In any election held
pursuant to subsection (a), a vote of a majority of those
actually voting shall be necessary and sufficient for the
approval of the adoption of the tribal constitution and bylaws.
(2) Procedure in event of failure to adopt proposed
constitution.--If in any such election such majority does not
approve the adoption of the proposed tribal constitution and
bylaws, the Interim Council shall be responsible for preparing
another tribal constitution and other bylaws in the same manner
provided in this section for the first proposed constitution
and bylaws. The new proposed constitution and bylaws shall be
adopted by the Interim Council not later than 6 months after
the date of the election in which the first proposed
constitution and bylaws failed to be adopted. An election on
the question of the adoption of the new proposal of the Interim
Council shall be conducted in the same manner provided in
subsection (a)(2) for the election on the first proposed
constitution and bylaws.
(d) Election of Tribal Governing Body.--Not later than 120 days
after the tribe approves the adoption of the tribal constitution and
bylaws and subject to the approval of the Secretary, the Interim
Council shall conduct an election, by secret ballot, to elect the
tribal governing body established under such constitution and bylaws.
Notwithstanding any provision of the tribal constitution and bylaws,
absentee and write-in balloting shall be permitted in an election under
this subsection.
SEC. 7. MEMBERSHIP ROLLS; VOTING RIGHTS OF MEMBER.
(a) Membership Roll Established and Opened.--The membership roll of
the tribe is established and open.
(b) Criteria Governing Eligibility.--
(1) Membership prior to election.--Until the first election
of the tribal governing body is held pursuant to section 6(d),
the membership of the Clatsop-Nehalem Confederated Tribes shall
consist as follows:
(A) Any person who can document being a direct
descent from a Clatsop or Nehalem (Naalem) Tillamook
Indian (or both) on the tribal rolls compiled--
(i) in 1906 by Charles E. McChesney,
Supervisor of Indian School.
(B) Any person found eligible by the Portland,
Oregon, Area Office of the Bureau of Indian Affairs who
would satisfy enrollment requirements under--
(i) the Act of August 24, 1912, (37 Stat.
518-535);
(ii) the Act of August 30, 1964, (78 Stat.
639); or
(iii) part 43 of title 25, Code of Federal
Regulations.
(C) Any person who descends from those Indians who
were signers of the treaties between the United States
and the Clatsop Tribe and the Nehalem Band of the
Tillamooks at Tansy Point, August 5 and 6, 1851 (Vol.
1, p. 7-13; Records Concerning Negotiation of Treaties,
1851-1855; Oregon Superintendency (National Archives
Microfilm Publication M2, roll 28); Records of the
Bureau of Indian Affairs, Record Group 75; National
Archives Building, Washington, DC).
(D) Any person who can document their direct
descent from a Clatsop or Nehalem Tillamook Indian on
any other Federal, State, Indian, or church record.
(E) Descends from those Indians who were members of
the Hobsonville Community.
(F) All children born to a member of the tribe.
(2) Membership after election.--After the first election of
the tribal governing body is held pursuant to section 6(d), the
provisions of the constitution and bylaws adopted in accordance
with section 6(a) shall govern membership in the tribe.
(c) Dual Membership.--Any person who is enrolled in any other
federally recognized Indian tribe, band, or community or native
corporation shall not, at the same time be enrolled in the tribe.
(d) Procedures for Verification of Eligibility.--
(1) Before election of interim council.--Before the
election of the members of the Interim Council is held pursuant
to section 5(b), verification of descendancy, for purposes of
enrollment and age for purposes of voting rights under
subsection (d) shall be made upon oath before the Secretary
whose determination thereon shall be final.
(2) After election of interim council.--After the election
of the members of the Interim Council is held pursuant to
section 5(b), but before the first election of the members of
the tribal governing body is held pursuant to section 6(d), the
verification of descendancy and age shall be made upon oath
before the Interim Council, or its authorized representative.
An individual may appeal the exclusion of his name from the
membership roll of the tribe to the Secretary, who shall make a
final determination of each such appeal within 90 days after
such an appeal has been filed with him. The determination of
the Secretary with respect to such an appeal shall be final.
(3) After election of tribal governing body.--After the
first election of the members of the tribal governing body is
held pursuant to section 6(d), the provisions of the
constitution and bylaws adopted in accordance with section 6(a)
shall govern the verification of any requirements for
membership in the tribe. The Interim Council and the Secretary
shall deliver their records and files and any other material
relating to the enrollment of tribal members to such tribal
governing body.
(4) Publication of membership roll.--Not less than 60 days
before the election under section 6(a), the Secretary shall
publish in the Federal Register a certified copy of the
membership roll of the tribe as of the date of such
publication. Such membership roll shall include the names of
all individuals who were enrolled by the Secretary, either
directly under paragraph (1) or pursuant to an appeal under
paragraph (2), and by the Interim Council under paragraph (2).
(e) Voting Rights of Member.--Each member who is 18 years of age or
older shall be eligible to--
(1) attend, participate in, and vote at each general
council meeting;
(2) nominate candidates for any office;
(3) run for any office; and
(4) vote in any election of members to the Interim Council
and to such other tribal governing body as may be established
under the constitution and bylaws adopted in accordance with
section 6.
SEC. 8. REGULATIONS.
The Secretary may promulgate such regulations as may be necessary
to carry out the provisions of this Act.
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