[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5822 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5822

  To extend Federal recognition to the Edisto Natchez-Kusso Tribe of 
                South Carolina, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 2, 2021

   Ms. Mace introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To extend Federal recognition to the Edisto Natchez-Kusso Tribe of 
                South Carolina, 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. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) Tribal member.--The term ``Tribal member'' means--
                    (A) an individual who is an enrolled member of the 
                Tribe as of the date of the enactment of this Act; and
                    (B) an individual who is placed on the membership 
                rolls of the Tribe in accordance with this Act.
            (3) Tribe.--The term ``Tribe'' means the Edisto Natchez-
        Kusso Tribe of South Carolina.

SEC. 2. FEDERAL RECOGNITION.

    (a) Federal Recognition.--
            (1) In general.--Federal recognition is extended to the 
        Tribe.
            (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 Tribe and Tribal members.
    (b) Federal Services and Benefits.--
            (1) In general.--The Tribe and Tribal members shall be 
        eligible for all services and benefits provided by the Federal 
        Government to federally recognized Indian Tribes without regard 
        to the existence of a reservation for the Tribe.
            (2) Service area.--The service area for the purpose of the 
        delivery of Federal services to Tribal members shall be 
        determined in coordination and consultation with the Secretary 
        not later than 120 days after the date of the enactment of this 
        Act.

SEC. 3. MEMBERSHIP; GOVERNING DOCUMENTS.

    The membership roll and governing documents of the Tribe shall be 
the most recent membership roll and governing documents, respectively, 
submitted by the Tribe to the Secretary before the date of the 
enactment of this Act.

SEC. 4. GOVERNING BODY.

    The governing body of the Tribe shall be--
            (1) the governing body of the Tribe in place as of the date 
        of enactment of this Act; or
            (2) any subsequent governing body elected in accordance 
        with the election procedures specified in the governing 
        documents of the Tribe.

SEC. 5. RESERVATION OF THE TRIBE.

    (a) In General.--Upon the request of the Tribe, the Secretary--
            (1) shall take into trust for the benefit of the Tribe any 
        lands held in fee by the Tribe that were acquired by the Tribe 
        on or before January 1, 2021, if such lands are located within 
        the boundaries of Dorchester and Colleton counties in South 
        Carolina; and
            (2) may take into trust for the benefit of the Tribe any 
        lands held in fee by the Tribe, if such lands are located 
        within the boundaries of Beaufort, Berkeley, Charleston, 
        Colleton, and Dorchester counties in South Carolina.
    (b) Deadline for Determination.--Not later than 3 years of the date 
on which the Tribe submits a request for land to be taken into trust 
under subsection (a)(2), the Secretary shall--
            (1) make a final written determination; and
            (2) immediately make that determination available to the 
        Tribe.
    (c) Reservation Status.--Any land taken into trust for the benefit 
of the Tribe pursuant to this section shall, upon the request of the 
Tribe, be considered part of the reservation of the Tribe.
    (d) Gaming.--The Tribe may not conduct gaming activities as a 
matter of claimed inherent authority or under the authority of any 
Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 
et seq.) or under any regulations thereunder promulgated by the 
Secretary or the National Indian Gaming Commission.

SEC. 6. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.

    Nothing in this Act expands, reduces, or affects in any manner any 
hunting, fishing, trapping, gathering, or water rights of the Tribe and 
Tribal members.
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