117 HR 5822 IH: To extend Federal recognition to the Edisto Natchez-Kusso Tribe of South Carolina, and for other purposes. U.S. House of Representatives 2021-11-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I117th CONGRESS1st SessionH. R. 5822IN THE HOUSE OF REPRESENTATIVESNovember 2, 2021Ms. Mace introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo extend Federal recognition to the Edisto Natchez-Kusso Tribe of South Carolina, and for other purposes.
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.
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.
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.
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.
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.
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.