[Congressional Record Volume 140, Number 140 (Friday, September 30, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: September 30, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                     AUBURN INDIAN RESTORATION ACT

  Mr. COATS. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 582, H.R. 4228, 
a bill to extend Federal recognition to the United Auburn Indian 
Community.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The bill clerk read as follows:

       A bill (H.R. 4228) to extend Federal recognition to the 
     United Auburn Indian Community.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection the Senate proceeded to consider the bill 
which had been reported from the Committee on Indian Affairs, with an 
amendment to strike out all after the enacting clause and inserting in 
lieu thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Auburn Indian Restoration 
     Act''.

     SEC. 2. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND 
                   PRIVILEGES.

       (a) Federal Recognition.--Notwithstanding any other 
     provision of law, Federal recognition is hereby extended to 
     the Tribe. Except as otherwise provided in this Act, all laws 
     and regulations of general application to Indians or nations, 
     tribes, or bands of Indians that are not inconsistent with 
     any specific provision of this Act shall be applicable to the 
     Tribe and its members.
       (b) Restoration of Rights and Privileges.--Except as 
     provided in subsection (d), all rights and privileges of the 
     Tribe and its members under any Federal treaty, Executive 
     order, agreement, or statute, or under any other authority 
     which were diminished or lost under Public Law 85-671 are 
     hereby restored and the provisions of such Act shall be 
     inapplicable to the Tribe and its members after the date of 
     enactment of this Act.
       (c) Federal Services and Benefits.--Notwithstanding any 
     other provision of law, and without regard to the existence 
     of a reservation, the Tribe and its members shall be 
     eligible, on and after the date of enactment of this Act, for 
     all Federal services and benefits furnished to federally 
     recognized Indian tribes or their members. In the case of 
     Federal services available to members of federally recognized 
     Indian tribes residing on a reservation, members of the Tribe 
     residing in the service area of the Tribe shall be deemed to 
     be residing on a reservation.
       (d) Hunting, Fishing, Trapping, and Water Rights.--Nothing 
     in this Act shall expand, reduce, or affect in any manner any 
     hunting, fishing, trapping, gathering, or water right of the 
     Tribe and its members.
       (e) Indian Reorganization Act Applicability.--The Act of 
     June 18, 1934 (48 Stat. 984 et seq., chapter 576; 25 U.S.C. 
     461 et seq.), shall be applicable to the Tribe and its 
     members.
       (f) Certain Rights Not Altered.--Except as specifically 
     provided in this Act, nothing in this Act shall alter any 
     property right or obligation, any contractual right or 
     obligation, or any obligation for taxes levied.

     SEC. 3. ECONOMIC DEVELOPMENT.

       (a) Plan for Economic Development.--The Secretary shall--
       (1) enter into negotiations with the governing body of the 
     Tribe with respect to establishing a plan for economic 
     development for the Tribe;
       (2) in accordance with this section and not later than 2 
     years after the adoption of a tribal constitution as provided 
     in section 7, develop such a plan; and
       (3) upon the approval of such plan by the governing body of 
     the Tribe, submit such plan to Congress.
       (b) Restrictions.--Any proposed transfer of real property 
     contained in the plan developed by the Secretary under 
     subsection (a) shall be consistent with the requirements of 
     section 4.

     SEC. 4. TRANSFER OF LAND TO BE HELD IN TRUST.

       (a) Lands To Be Taken In Trust.--The Secretary shall accept 
     any real property located in Placer County, California, for 
     the benefit of the Tribe if conveyed or otherwise transferred 
     to the Secretary if, at the time of such conveyance or 
     transfer, there are no adverse legal claims on such property, 
     including any outstanding liens, mortgages, or taxes owed. 
     The Secretary may accept any additional acreage in the 
     service area of the Tribe pursuant to the authority of the 
     Secretary under the Act of June 18, 1934 (48 Stat. 984 et 
     seq., chapter 576; 25 U.S.C. 461 et seq.).
       (b) Former Trust Lands of the Auburn Rancheria.--Subject to 
     the conditions specified in this section, real property 
     eligible for trust status under this section shall include 
     fee land held by the White Oak Ridge Association, Indian 
     owned fee land held communally pursuant to the distribution 
     plan prepared and approved by the Bureau of Indian Affairs on 
     August 13, 1959, and Indian owned fee land held by persons 
     listed as distributees or dependent members in such 
     distribution plan or the Indian heirs or successors in 
     interest of such distributees or dependent members.
       (c) Lands To Be Part of the Reservation.--Subject to the 
     conditions imposed by this section, any real property 
     conveyed or transferred under this section shall be taken in 
     the name of the United States in trust for the Tribe or, as 
     applicable, an individual member of the Tribe, and shall be 
     part of the reservation of the Tribe.

     SEC. 5. MEMBERSHIP ROLLS.

       (a) Compilation of Tribal Membership Roll.--Within 1 year 
     after the date of the enactment of this Act, the Secretary 
     shall, after consultation with the Tribe, compile a 
     membership roll of the Tribe.
       (b) Criteria for Enrollments.--(1) Until a tribal 
     constitution is adopted pursuant to section 7, an individual 
     shall be placed on the membership roll compiled under this 
     section if the individual is living, is not an enrolled 
     member of another federally recognized Indian tribe, is of 
     United Auburn Indian Community ancestry, possesses at least 
     one-eighth or more of Indian blood quantum, and if--
       (A) the name of the individual was listed on the Auburn 
     Indian Rancheria distribution roll compiled and approved by 
     the Bureau of Indian Affairs on August 13, 1959, pursuant to 
     Public Law 85-671;
       (B) the individual was not listed on, but met the 
     requirements that the individual was required to meet to be 
     listed on, the Auburn Indian Rancheria distribution list 
     compiled and approved by the Bureau of Indian Affairs on 
     August 13, 1959, pursuant to Public Law 85-671; or
       (C) the individual is a lineal descendant of an individual, 
     living or dead, identified in subparagraph (A) or (B).
       (2) After the adoption of a tribal constitution pursuant to 
     section 7, such tribal constitution shall govern membership 
     in the Tribe, except that in addition to meeting any other 
     criteria imposed in such tribal constitution, any person 
     added to the membership roll of the Tribe shall be of United 
     Auburn Indian Community ancestry and shall not be an enrolled 
     member of another federally recognized Indian tribe.
       (c) Conclusive Proof of United Auburn Indian Community 
     Ancestry.--For the purpose of subsection (b), the Secretary 
     shall accept any available evidence establishing United 
     Auburn Indian Community ancestry. The Secretary shall accept 
     as conclusive evidence of United Auburn Indian Community 
     ancestry information contained in the Auburn Indian Rancheria 
     distribution list compiled by the Bureau of Indian Affairs on 
     August 13, 1959.

     SEC. 6. INTERIM GOVERNMENT.

       Until a new tribal constitution and bylaws are adopted and 
     become effective under section 7, the governing body of the 
     Tribe shall be an Interim Council. The initial membership of 
     the Interim Council shall consist of the members of the 
     Executive Council of the Tribe on the date of the enactment 
     of this Act, and the Interim Council shall continue to 
     operate in the manner prescribed for the Executive Council 
     under the tribal constitution of the Tribe adopted on July 
     20, 1991, to the extent that such constitution is not 
     contrary to Federal law. Any new members filling vacancies on 
     the Interim council shall meet the enrollment criteria set 
     forth in section 5(b) and be elected in the same manner as 
     are Executive Council members under the tribal constitution 
     adopted July 20, 1991.

     SEC. 7. TRIBAL CONSTITUTION.

       (a) Election; Time and Procedure.--Upon the completion of 
     the tribal membership roll under section 5(a), and upon the 
     written request of the Interim Council, the Secretary shall 
     conduct, by secret ballot, an election for the purpose of 
     adopting a constitution and bylaws for the Tribe. The 
     election shall be held according to section 16 of the Act of 
     June 18, 1934 (48 Stat. 987, chapter 576; 25 U.S.C. 476), 
     except that absentee balloting shall be permitted without 
     regard to voter residence.
       (b) Election of Tribal Officials; Procedures.--Not later 
     than 120 days after the Tribe adopts a constitution and 
     bylaws under subsection (a), the Secretary shall conduct an 
     election by secret ballot for the purpose of electing tribal 
     officials as provided in such tribal constitution. Such 
     election shall be conducted in accordance with the procedures 
     specified in subsection (a) except to the extent that such 
     procedures conflict with the tribal constitution.

     SEC. 8. DEFINITIONS.

       For purposes of this Act:
       (1) The term ``Tribe'' means the United Auburn Indian 
     Community of the Auburn Rancheria of California.
       (2) The term ``Secretary'' means the Secretary of the 
     Interior.
       (3) The term ``Interim Council'' means the governing body 
     of the Tribe specified in section 6.
       (4) The term ``member'' means any person meeting the 
     enrollment criteria under section 5(b).
       (5) The term ``State'' means the State of California.
       (6) The term ``reservation'' means those lands acquired and 
     held in trust by the Secretary for the benefit of the Tribe 
     pursuant to section 4.
       (7) The term ``service area'' means the counties of Placer, 
     Nevada, Yuba, Sutter, El Dorado, and Sacramento, in the State 
     of California.

     SEC. 9. REGULATIONS.

       The Secretary may promulgate such regulations as may be 
     necessary to carry out the provisions of this Act.


                           amendment no. 2603

 (Purpose: To provide Federal recognition of the Mowa Band of Choctaw 
                          Indians of Alabama)

  Mr. COATS. Mr. President, on behalf of Senator Inouye, I send an 
amendment to the desk and ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows.

       The Senator from Indiana [Mr. Coats], for Mr. Inouye, 
     proposes an amendment numbered 2603.

  Mr. COATS. Mr. President, I ask unanimous consent that the amendment 
be considered as read.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 9, between lines 9 and 10, insert the following:
                   TITLE I--AUBURN INDIAN RESTORATION
       On page 9, line 10, strike ``section 1'' and insert ``sec. 
     101''.
       On page 9, lines 11 and 20, strike ``Act'' each place it 
     appears and insert ``title''.
       On page 9, line 13, strike ``2'' and insert ``102''.
       On page 10, lines 16 and 24, strike ``Act'' each place it 
     appears and insert ``title''.
       On page 11, line 3, strike ``3'' and insert ``103''.
       On page 11, line 11, strike ``7'' and insert ``107''.
       On page 11, lines 19 and 20, strike ``4'' each place it 
     appears and insert ``104''.
       On page 12, line 23, strike ``5'' and insert ``105''.
       On page 13, lines 4 and 24, strike ``7'' each place it 
     appears and insert ``107''.
       On page 14, line 14, strike ``6'' and insert ``106''.
       On page 14, line 16, strike ``7'' and insert ``107''.
       On page 15, line 1, strike ``5(b)'' and insert ``105(b)''.
       On page 15, line 4, strike ``7'' and insert ``107''.
       On page 15, line 6, strike ``5(a)'' and insert ``105(a)''.
       On page 15, line 22, strike ``8'' and insert ``108''.
       On page 15, line 23, strike ``Act'' and insert ``title''.
       On page 16, line 7, strike ``6'' and insert ``106''.
       On page 16, line 9, strike ``5(b)'' and insert ``105(b)''.
       On page 16, line 14, strike ``4'' and insert ``104''.
       On page 16, line 18, strike ``9'' and insert ``109''.
       On page 16, after line 20, add the following new title:
                 TITLE II--CHOCTAW INDIANS RECOGNITION

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Mowa Band of Choctaw 
     Indians Recognition Act''.

     SEC. 202. FEDERAL RECOGNITION.

       Federal recognition is hereby extended to the Mowa Band of 
     Choctaw Indians of Alabama. All Federal laws of general 
     application to Indians and Indian tribes shall apply with 
     respect to the Mowa Band of Choctaw Indians of Alabama.

     SEC. 203. RESTORATION OF RIGHTS.

       (a) In General.--All rights and privileges of the Mowa Band 
     of Choctaw Indians which may have been abrogated or 
     diminished before the date of enactment of this Act by reason 
     of any provision of Federal law that terminated Federal 
     recognition of the Mowa Band of Choctaw Indians of Alabama 
     are hereby restored and such Federal law shall no longer 
     apply with respect to the Band or the members of the Band.
       (b) Congressional Approval.--(1) Congress finds that under 
     the treaties entered into by the ancestors of the Mowa Band 
     of the Choctaw Indians all historical tribal lands were ceded 
     to the United States.
       (2) Congress hereby approve and ratifies such cession 
     effective as of the date of the such cession and such cession 
     shall be regarded as an extinguishment of all interest of the 
     Mowa Band of Choctaw Indians, if any, in such lands as of the 
     date of the cession.
       (3) By virtue of the approval and ratification of the 
     cession of such lands, all claims against the United States, 
     any State or subdivision thereof, or any other person or 
     entity, by the Mowa Band of Choctaw Indians, including claims 
     for trespass damages or claims for use and occupancy, arising 
     subsequent to the cession that are based upon any interest in 
     or right involving such land, shall be considered as 
     extinguished as of the date of the cession.
       (c) Claims.--(1) The Mowa Band of Choctaw Indians may not 
     be considered to have a historical land claim.
       (2) The Mowa Band of Chowtaw Indians may not use the 
     Federal recognition provided to the Mowa Band of Choctaw 
     Indians under this Act to assert any historical land claim.
       (3) As used in this subsection the term ``historical land 
     claim'' means a claim to land based upon--
       (A) a contention that the Mowa Band of Choctaw Indians, or 
     its ancestors, were the native inhabitants of such land;
       (B) the status of Mowa Band of Choctaw Indians as native 
     Americans; or
       (C) the Federal recognition of the Mowa Band of Choctaw 
     Indians, as provided by this title.
       (d) Statutory construction.--Except as otherwise 
     specifically provided in section 204 or any other provision 
     of this title, nothing in this title may be construed as 
     altering or affecting--
       (1) any rights or obligations with respect to property;
       (2) any rights or obligations under any contract; or
       (3) any obligation to pay a tax levied before the date of 
     enactment of this Act.

     SEC. 204. LANDS.

       (a) In General.--All legal rights, title, and interests in 
     lands that are held by the Mowa Band of Choctaw Indians of 
     Alabama on the date of enactment of this Act are hereby 
     transferred to the United States to be held in trust for the 
     use and benefit of the Mowa Band of Choctaw Indians of 
     Alabama.
       (b) Interests.--(1)(A) Notwithstanding any other provision 
     of law, the Mowa Band of Choctaw Indians of Alabama shall 
     transfer to the Secretary of the Interior, and the Secretary 
     of the Interior shall accept on behalf of the United States, 
     any interest in lands acquired by such Band after the date of 
     enactment of this Act.
       (B) Such lands shall be held by the United States in trust 
     for the benefit of the Mowa Band of Choctaw Indians of 
     Alabama.
       (2) Notwithstanding any other provision of law, the 
     Attorney General of the United States shall approve any deed 
     or other instrument used to make a conveyance under paragraph 
     (1).
       (c) Reservation.--Any lands held in trust by the United 
     States for the benefit of the Mowa Band of Choctaw Indians of 
     Alabama by reason of this section shall constitute the 
     reservation of the Mowa Band of Choctaw Indians of Alabama.
       (d) Findings.--Congress finds that the provisions of this 
     section--
       (1) are enacted at the request of the Mowa Band of Choctaw 
     Indians of Alabama; and
       (2) are in the best interest of such Band.

     SEC. 205. SERVICES.

       The Mowa Band of Choctaw Indians of Alabama, and the 
     members of such Band, shall be eligible for all services and 
     benefits that are provided by the Federal Government to 
     Indians because of their status as federally recognized 
     Indians. Notwithstanding any other provision of law, such 
     services and benefits shall be provided after the date of 
     enactment of this Act to the Band, and to the members of the 
     Band, without regard to the existence of a reservation for 
     the Band or the location of the residence of any member of 
     the Band on or near any Indian reservation.

     SEC. 206. CONSTITUTION AND BYLAWS.

       (a) In General.--The Mowa Band of Choctaw Indians of 
     Alabama may organize for the common welfare of the Band and 
     adopt a constitution and bylaws in accordance with 
     regulations prescribed by the Secretary of the Interior. The 
     Secretary of the Interior shall offer to assist the Band in 
     drafting a constitution and bylaws for the Band.
       (b) Filing.--Any constitution, bylaws, or amendments to the 
     constitution or bylaws that are adopted by the Mowa Band of 
     Choctaw Indians of Alabama shall take effect only after such 
     constitution, bylaws, or amendments are filed with the 
     Secretary of the Interior.

     SEC. 207. MEMBERSHIP.

       (a) In General.--Until a constitution for the Mowa Band of 
     Choctaw Indians of Alabama is adopted, the membership of the 
     Band shall consist of each individual who--
       (1) is named in the tribal membership roll that is in 
     effect on the date of enactment of this Act, or
       (2) is a descendant of any individual described in 
     paragraph (1).
       (b) After the Adoption of a Constitution.--After the 
     adoption of a constitution by the Mowa Band of Choctaw 
     Indians of Alabama, the membership of the Band shall be 
     determined in accordance with the terms of such constitution 
     or any bylaws adopted under such constitution.

     SEC. 208. REGULATIONS.

       The Secretary of the Interior shall prescribe such 
     regulations as may be necessary to carry out the purposes of 
     this title.

  Mr. COCHRAN. Mr. President, I oppose an amendment that is being 
offered to H.R. 4228, the Auburn Indian Restoration Act, which would 
grant Federal recognition to the Mowa Band of Choctaw Indians of 
Alabama.
  The matter of granting legislative recognition to nonrecognized 
groups of Indian people is clearly a controversial issue. As I have 
stated in the past, I believe all groups seeking recognition should go 
through the Federal acknowledgment process in the Department of the 
Interior and meet the established criteria. Legislative action creates 
a dual system for recognition, one system in which the Congress applies 
no criteria, and one system in which the Interior Department applies a 
set of established criteria. Congress should not grant Federal 
recognition due to the inconsistency and unfairness it creates among 
petitioning groups.
  As a member of the Interior Appropriations Subcommittee, I am aware 
that funding for Indian programs lags far behind equivalent Federal 
programs. Native Americans suffer the worst conditions of unemployment, 
the lowest life expectancy, and least adequate education of all 
national groups.
  Our Government has a responsibility to Native Americans based on 
treaties, statutes and Federal court rulings. Federal acknowledgment 
establishes a perpetual Government-to-Government relationship between 
the tribe and United States, which has major political, social, and 
economic implications for the petitioning tribe and Federal, State, and 
local governments.
  Congress has created special programs for federally recognized 
tribes, including housing, educational assistance, social services, and 
medical benefits. To qualify for the protection, benefits, and services 
available to federally recognized tribes, a group must satisfy the 
requirements for recognition established by the Department of the 
Interior. These qualifications are as follows:
  First, the Indian group is identifiable by historical evidence, 
written or oral, as being an American Indian tribe;
  Second, its members must have existed as a distinct Indian community 
throughout history until the present.
  Third, the Indian group must have maintained political influence over 
its members as an autonomous entity throughout history until the 
present;
  Fourth, the membership of the group is composed principally of 
persons who are not members of any other Indian tribe; and
  Fifth, the tribe has not been the subject of congressional 
legislation expressly terminating their relationship with the Federal 
Government.
  While the 3,000 members of the Mowa group deserve every benefit and 
protection afforded by our constitutional system, I do not support 
legislation that would entitle the Mowa to all federally funded 
services by circumventing the established administrative recognition 
process--a process developed in 1978 with the support of Indian tribal 
governments, Congress, and the administration to ensure objective and 
uniform evaluation.
  According to a 1992 statement by the Congressional Budget Office, the 
cost of the Mowa legislation to the American taxpayers is estimated at 
$10 million a year. This expenditure would have a profound effect on 
federally recognized tribes which have met the established requirements 
I previously listed.
  I believe it is a bad precedent to depart from the existing 
requirements of law in controversial recognition cases. It creates an 
exception based on evidence that is in sharp dispute regarding the 
legitimacy of petitions. I hope the Senate will exercise restraint in 
the future when considering exceptions to the rule.
  I am, however, not opposed to the Mowa Tribe seeking Federal 
recognition. I merely believe that the tribe should follow the same 
recognition process as other groups petitioning the Federal Government. 
The Federal acknowledgment process does not seek to determine if an 
individual is or is not Indian, it merely establishes the authenticity 
of a sovereign legal entity.
  Senator McCain and I introduced S. 1844, the Indian Federal 
Recognition Administrative Procedures Act of 1994, to improve and 
strengthen the administrative recognition process. If the current 
administrative process needs reform, then we as Members of Congress 
should place a stronger emphasis on comprehensively correcting the 
process, not circumventing the current system.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 2603) was agreed to.
  Mrs. FEINSTEIN. Mr. President, I rise today in support of restoring 
Federal recognition to the United Auburn Indian community of the Auburn 
Rancheria of California.
  I applaud the action taken by the Senate in passing this legislation 
that is so vital to the tribe's future. I also want to commend Chairman 
Inuoye, the members of the Indian Affairs Committee and the committee 
staff for expediting consideration of this legislation.
  The Auburn Tribe lost its Federal recognition in 1958, when the 
Federal Government adopted a termination policy that allowed it to 
sever its trust relationship with tribes throughout the country, 
including 41 California rancherias.
  Legislative action to restore recognition has been ongoing since 
1973, when now-Assistant Secretary for Indian Affairs Ada Deer led the 
fight to restore recognition to a tribe in Wisconsin. Recently, 
restoration was restored to the Tillie-Hardwick Tribes in California. 
In addition, 10 other terminated California tribes have regained their 
Federal recognition status. However, 14 California tribes remain 
terminated.
  The United Auburn Indian community is one of those tribes. It is a 
community that, against the odds, has remained intact, despite long 
years of termination. While they have been forced by financial 
difficulties to give up a portion of their original rancheria, members 
of the Auburn Indian community have held their tribe together on 22 of 
their reservation's original 44 acres. Sixty of the 125 tribal members 
are living on what remains of their land.
  The United Auburn Indian community is a tribe that had trouble coming 
up with the money to FAX my office copies of the community letters of 
support for this bill. They have not had an easy time of it since their 
recognition was terminated almost 36 years ago to the day. But please 
don't get me wrong--this tribe is not looking for a government handout. 
What they want--and what they deserve--is to regain their rightful 
status as a Federally recognized tribe.
  The PRESIDING OFFICER. The bill is open to further amendment. If 
there be no further amendment to be proposed, the question is on 
agreeing to the committee amendment in the nature of a substitute, as 
amended.
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The PRESIDING OFFICER. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed for a third reading, was read 
the third time, and passed, as follows:
       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,
                   TITLE I--AUBURN INDIAN RESTORATION

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Auburn Indian Restoration 
     Act''.

     SEC. 102. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND 
                   PRIVILEGES.

       (a) Federal Recognition.--Notwithstanding any other 
     provision of law, Federal recognition is hereby extended to 
     the Tribe. Except as otherwise provided in this Act, all laws 
     and regulations of general application to Indians or nations, 
     tribes, or bands of Indians that are not inconsistent with 
     any specific provision of this title shall be applicable to 
     the Tribe and its members.
       (b) Restoration of Rights and Privileges.--Except as 
     provided in subsection (d), all rights and privileges of the 
     Tribe and its members under any Federal treaty, Executive 
     order, agreement, or statute, or under any other authority 
     which were diminished or lost under Public Law 85-671 are 
     hereby restored and the provisions of such Act shall be 
     inapplicable to the Tribe and its members after the date of 
     enactment of this Act.
       (c) Federal Services and Benefits.--Notwithstanding any 
     other provision of law, and without regard to the existence 
     of a reservation, the Tribe and its members shall be 
     eligible, on and after the date of enactment of this Act, for 
     all Federal services and benefits furnished to federally 
     recognized Indian tribes or their members. In the case of 
     Federal services available to members of federally recognized 
     Indian tribes residing on a reservation, members of the Tribe 
     residing in the service area of the Tribe shall be deemed to 
     be residing on a reservation.
       (d) Hunting, Fishing, Trapping, and Water Rights.--Nothing 
     in this title shall expand, reduce, or affect in any manner 
     any hunting, fishing, trapping, gathering, or water right of 
     the Tribe and its members.
       (e) Indian Reorganization Act Applicability.--The Act of 
     June 18, 1934 (48 Stat. 984 et seq., chapter 576; 25 U.S.C. 
     461 et seq.), shall be applicable to the Tribe and its 
     members.
       (f) Certain Rights Not Altered.--Except as specifically 
     provided in this title, nothing in this title shall alter any 
     property right or obligation, any contractual right or 
     obligation, or any obligation for taxes levied.

     SEC. 103. ECONOMIC DEVELOPMENT.

       (a) Plan for Economic Development.--The Secretary shall--
       (1) enter into negotiations with the governing body of the 
     Tribe with respect to establishing a plan for economic 
     development for the Tribe;
       (2) in accordance with this section and not later than 2 
     years after the adoption of a tribal constitution as provided 
     in section 107, develop such a plan; and
       (3) upon the approval of such plan by the governing body of 
     the Tribe, submit such plan to Congress.
       (b) Restrictions.--Any proposed transfer of real property 
     contained in the plan developed by the Secretary under 
     subsection (a) shall be consistent with the requirements of 
     section 104.

     SEC. 104. TRANSFER OF LAND TO BE HELD IN TRUST.

       (a) Lands To Be Taken In Trust.--The Secretary shall accept 
     any real property located in Placer County, California, for 
     the benefit of the Tribe if conveyed or otherwise transferred 
     to the Secretary if, at the time of such conveyance or 
     transfer, there are no adverse legal claims on such property, 
     including any outstanding liens, mortgages, or taxes owed. 
     The Secretary may accept any additional acreage in the 
     service area of the Tribe pursuant to the authority of the 
     Secretary under the Act of June 18, 1934 (48 Stat. 984 et 
     seq., chapter 576; 25 U.S.C. 461 et seq.).
       (b) Former Trust Lands of the Auburn Rancheria.--Subject to 
     the conditions specified in this section, real property 
     eligible for trust status under this section shall include 
     fee land held by the White Oak Ridge Association, Indian 
     owned fee land held communally pursuant to the distribution 
     plan prepared and approved by the Bureau of Indian Affairs on 
     August 13, 1959, and Indian owned fee land held by persons 
     listed as distributees or dependent members in such 
     distribution plan or the Indian heirs or successors in 
     interest of such distributees or dependent members.
       (c) Lands To Be Part of the Reservation.--Subject to the 
     conditions imposed by this section, any real property 
     conveyed or transferred under this section shall be taken in 
     the name of the United States in trust for the Tribe or, as 
     applicable, an individual member of the Tribe, and shall be 
     part of the reservation of the Tribe.

     SEC. 105. MEMBERSHIP ROLLS.

       (a) Compilation of Tribal Membership Roll.--Within 1 year 
     after the date of the enactment of this Act, the Secretary 
     shall, after consultation with the Tribe, compile a 
     membership roll of the Tribe.
       (b) Criteria for Enrollments.--(1) Until a tribal 
     constitution is adopted pursuant to section 107, an 
     individual shall be placed on the membership roll compiled 
     under this section if the individual is living, is not an 
     enrolled member of another federally recognized Indian tribe, 
     is of United Auburn Indian Community ancestry, possesses at 
     least one-eighth or more of Indian blood quantum, and if--
       (A) the name of the individual was listed on the Auburn 
     Indian Rancheria distribution roll compiled and approved by 
     the Bureau of Indian Affairs on August 13, 1959, pursuant to 
     Public Law 85-671;
       (B) the individual was not listed on, but met the 
     requirements that the individual was required to meet to be 
     listed on, the Auburn Indian Rancheria distribution list 
     compiled and approved by the Bureau of Indian Affairs on 
     August 13, 1959, pursuant to Public Law 85-671; or
       (C) the individual is a lineal descendant of an individual, 
     living or dead, identified in subparagraph (A) or (B).
       (2) After the adoption of a tribal constitution pursuant to 
     section 107, such tribal constitution shall govern membership 
     in the Tribe, except that in addition to meeting any other 
     criteria imposed in such tribal constitution, any person 
     added to the membership roll of the Tribe shall be of United 
     Auburn Indian Community ancestry and shall not be an enrolled 
     member of another federally recognized Indian tribe.
       (c) Conclusive Proof of United Auburn Indian Community 
     Ancestry.--For the purpose of subsection (b), the Secretary 
     shall accept any available evidence establishing United 
     Auburn Indian Community ancestry. The Secretary shall accept 
     as conclusive evidence of United Auburn Indian Community 
     ancestry information contained in the Auburn Indian Rancheria 
     distribution list compiled by the Bureau of Indian Affairs on 
     August 13, 1959.

     SEC. 106. INTERIM GOVERNMENT.

       Until a new tribal constitution and bylaws are adopted and 
     become effective under section 107, the governing body of the 
     Tribe shall be an Interim Council. The initial membership of 
     the Interim Council shall consist of the members of the 
     Executive Council of the Tribe on the date of the enactment 
     of this Act, and the Interim Council shall continue to 
     operate in the manner prescribed for the Executive Council 
     under the tribal constitution of the Tribe adopted on July 
     20, 1991, to the extent that such constitution is not 
     contrary to Federal law. Any new members filling vacancies on 
     the Interim council shall meet the enrollment criteria set 
     forth in section 105(b) and be elected in the same manner as 
     are Executive Council members under the tribal constitution 
     adopted July 20, 1991.

     SEC. 107. TRIBAL CONSTITUTION.

       (a) Election; Time and Procedure.--Upon the completion of 
     the tribal membership roll under section 105(a), and upon the 
     written request of the Interim Council, the Secretary shall 
     conduct, by secret ballot, an election for the purpose of 
     adopting a constitution and bylaws for the Tribe. The 
     election shall be held according to section 16 of the Act of 
     June 18, 1934 (48 Stat. 987, chapter 576; 25 U.S.C. 476), 
     except that absentee balloting shall be permitted without 
     regard to voter residence.
       (b) Election of Tribal Officials; Procedures.--Not later 
     than 120 days after the Tribe adopts a constitution and 
     bylaws under subsection (a), the Secretary shall conduct an 
     election by secret ballot for the purpose of electing tribal 
     officials as provided in such tribal constitution. Such 
     election shall be conducted in accordance with the procedures 
     specified in subsection (a) except to the extent that such 
     procedures conflict with the tribal constitution.

     SEC. 108. DEFINITIONS.

       For purposes of this title:
       (1) The term ``Tribe'' means the United Auburn Indian 
     Community of the Auburn Rancheria of California.
       (2) The term ``Secretary'' means the Secretary of the 
     Interior.
       (3) The term ``Interim Council'' means the governing body 
     of the Tribe specified in section 106.
       (4) The term ``member'' means any person meeting the 
     enrollment criteria under section 105(b).
       (5) The term ``State'' means the State of California.
       (6) The term ``reservation'' means those lands acquired and 
     held in trust by the Secretary for the benefit of the Tribe 
     pursuant to section 104.
       (7) The term ``service area'' means the counties of Placer, 
     Nevada, Yuba, Sutter, El Dorado, and Sacramento, in the State 
     of California.

     SEC. 109. REGULATIONS.

       The Secretary may promulgate such regulations as may be 
     necessary to carry out the provisions of this Act.
                 TITLE II--CHOCTAW INDIANS RECOGNITION

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Mowa Band of Choctaw 
     Indians Recognition Act''.

     SEC. 202. FEDERAL RECOGNITION.

       Federal recognition is hereby extended to the Mowa Band of 
     Choctaw Indians of Alabama. All Federal laws of general 
     application to Indians and Indian tribes shall apply with 
     respect to the Mowa Band of Choctaw Indians of Alabama.

     SEC. 203. RESTORATION OF RIGHTS.

       (a) In General.--All rights and privileges of the Mowa Band 
     of Choctaw Indians which may have been abrogated or 
     diminished before the date of enactment of this Act by reason 
     of any provision of Federal law that terminated Federal 
     recognition of the Mowa Band of Choctaw Indians of Alabama 
     are hereby restored and such Federal law shall no longer 
     apply with respect to the Band or the members of the Band.
       (b) Congressional Approval.--(1) Congress finds that under 
     the treaties entered into by the ancestors of the Mowa Band 
     of the Choctaw Indians all historical tribal lands were ceded 
     to the United States.
       (2) Congress hereby approve and ratifies such cession 
     effective as of the date of the such cession and such cession 
     shall be regarded as an extinguishment of all interest of the 
     Mowa Band of Choctaw Indians, if any, in such lands as of the 
     date of the cession.
       (3) By virtue of the approval and ratification of the 
     cession of such lands, all claims against the United States, 
     any State or subdivision thereof, or any other person or 
     entity, by the Mowa Band of Choctaw Indians, including claims 
     for trespass damages or claims for use and occupancy, arising 
     subsequent to the cession that are based upon any interest in 
     or right involving such land, shall be considered as 
     extinguished as of the date of the cession.
       (c) Claims.--(1) The Mowa Band of Choctaw Indians may not 
     be considered to have a historical land claim.
       (2) The Mowa Band of Chowtaw Indians may not use the 
     Federal recognition provided to the Mowa Band of Choctaw 
     Indians under this Act to assert any historical land claim.
       (3) As used in this subsection the term ``historical land 
     claim'' means a claim to land based upon--
       (A) a contention that the Mowa Band of Choctaw Indians, or 
     its ancestors, were the native inhabitants of such land;
       (B) the status of Mowa Band of Choctaw Indians as native 
     Americans; or
       (C) the Federal recognition of the Mowa Band of Choctaw 
     Indians, as provided by this title.
       (d) Statutory Construction.--Except as otherwise 
     specifically provided in section 204 or any other provision 
     of this title, nothing in this title may be construed as 
     altering or affecting--
       (1) any rights or obligations with respect to property;
       (2) any rights or obligations under any contract; or
       (3) any obligation to pay a tax levied before the date of 
     enactment of this Act.

     SEC. 204. LANDS.

       (a) In General.--All legal rights, title, and interests in 
     lands that are held by the Mowa Band of Choctaw Indians of 
     Alabama on the date of enactment of this Act are hereby 
     transferred to the United States to be held in trust for the 
     use and benefit of the Mowa Band of Choctaw Indians of 
     Alabama.
       (b) Interests.--(1)(A) Notwithstanding any other provision 
     of law, the Mowa Band of Choctaw Indians of Alabama shall 
     transfer to the Secretary of the Interior, and the Secretary 
     of the Interior shall accept on behalf of the United States, 
     any interest in lands acquired by such Band after the date of 
     enactment of this Act.
       (B) Such lands shall be held by the United States in trust 
     for the benefit of the Mowa Band of Choctaw Indians of 
     Alabama.
       (2) Notwithstanding any other provision of law, the 
     Attorney General of the United States shall approve any deed 
     or other instrument used to make a conveyance under paragraph 
     (1).
       (c) Reservation.--Any lands held in trust by the United 
     States for the benefit of the Mowa Band of Choctaw Indians of 
     Alabama by reason of this section shall constitute the 
     reservation of the Mowa Band of Choctaw Indians of Alabama.
       (d) Findings.--Congress finds that the provisions of this 
     section--
       (1) are enacted at the request of the Mowa Band of Choctaw 
     Indians of Alabama; and
       (2) are in the best interest of such Band.

     SEC. 205. SERVICES.

       The Mowa Band of Choctaw Indians of Alabama, and the 
     members of such Band, shall be eligible for all services and 
     benefits that are provided by the Federal Government to 
     Indians because of their status as federally recognized 
     Indians. Notwithstanding any other provision of law, such 
     services and benefits shall be provided after the date of 
     enactment of this Act to the Band, and to the members of the 
     Band, without regard to the existence of a reservation for 
     the Band or the location of the residence of any member of 
     the Band on or near any Indian reservation.

     SEC. 206. CONSTITUTION AND BYLAWS.

       (a) In General.--The Mowa Band of Choctaw Indians of 
     Alabama may organize for the common welfare of the Band and 
     adopt a constitution and bylaws in accordance with 
     regulations prescribed by the Secretary of the Interior. The 
     Secretary of the Interior shall offer to assist the Band in 
     drafting a constitution and bylaws for the Band.
       (b) Filing.--Any constitution, bylaws, or amendments to the 
     constitution or bylaws that are adopted by the Mowa Band of 
     Choctaw Indians of Alabama shall take effect only after such 
     constitution, bylaws, or amendments are filed with the 
     Secretary of the Interior.

     SEC. 207. MEMBERSHIP.

       (a) In General.--Until a constitution for the Mowa Band of 
     Choctaw Indians of Alabama is adopted, the membership of the 
     Band shall consist of each individual who--
       (1) is named in the tribal membership roll that is in 
     effect on the date of enactment of this Act, or
       (2) is a descendant of any individual described in 
     paragraph (1).
       (b) After the Adoption of a Constitution.--After the 
     adoption of a constitution by the Mowa Band of Choctaw 
     Indians of Alabama, the membership of the Band shall be 
     determined in accordance with the terms of such constitution 
     or any bylaws adopted under such constitution.

     SEC. 208. REGULATIONS.

       The Secretary of the Interior shall prescribe such 
     regulations as may be necessary to carry out the purposes of 
     this title.
  Mr. COATS. Mr. President, I move to reconsider the vote. I move to 
lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. COATS. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. COATS. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. COATS. Mr. President, the Senate has just passed a measure which 
allows States and communities the right to say no to out-of-State 
trash. This issue has become quite well known to this body over the 
past 4 years. During that time, the Senate has spoken twice, and now 
today for the third time, passing legislation by significant bipartisan 
margins which will allow States and communities to restrict unwanted 
trash imports.
  This is an issue that first came to light nearly 4 years ago, brought 
to my attention as I traveled throughout the State by small communities 
that found themselves unwanted recipients of unwanted out-of-State 
trash. Centerpoint, IN, became a national story as trash was 
moved from east to west in a daily flow that was quickly overwhelming 
their landfill.
  As a consequence of that, I brought legislation to this floor, as I 
said, over the past 4 years in a tortured journey. This legislation has 
twice passed the Senate but failed to pass the House of 
Representatives.
  The House has now passed similar legislation, and the Senate's action 
today means that we have taken a giant step forward in enacting into 
law legislation that gives our States and our communities jurisdiction 
and power over the unwanted flow of out-of-State trash.
  This legislation accomplishes three essential things. No. 1, it gives 
States and communities the power to say no to new shipments of out-of-
State trash. No. 2, it allows continued trash shipments to a limited 
universe of landfills that meet all Federal and State standards for 
environmentally sound facilities. And No. 3, it provides that no 
landfill becomes a target for out-of-State trash by giving all States 
the ability to freeze volumes at grandfathered facilities.
  We all know the problem with our landfills. Landfill space is 
continuing to fill up with trash, much of it imported, which endangers 
the ability of a State and community to take care of its own needs and 
to plan for its own future in terms of how they dispose of their own 
waste. We do recognize that exporting States need time to take care of 
their own problems. The question is how much time they need and in 
solving their problem do they create a problem somewhere down the road.
  In 1990, Thomas Jorling, the commissioner of New York's Department of 
Environmental Protection, testified before the Senate Environment 
Committee that New York would be self-sufficient in solid waste 
management by the turn of the century.
  Jorling went on to reason:

       States like New York can proceed with environmentally sound 
     solid waste management programs only if the export option is 
     available on a short term basis until temporary capacity 
     crises and relieved. We strongly believe that State and local 
     governments should be self sufficient and eventually develop 
     all of their capacity in State.

  We have been working to gain a resolution of this issue for over 4 
years now. Political will to solve the crisis in exporting States, is 
necessary if we are to succeed. Consider the case of Pennsylvania where 
it took less than 3 years to move from less than 2 years landfill 
capacity to greater than 10 years.
  In this Nation, we have unintentionally created a system which 
penalizes States that have mustered the political will to handle their 
own waste disposal needs. But it still provides no penalties for 
exporting States which drag their feet on dealing with their own trash.


                           indiana situation

  In my State, we have a very ambitious State solid waste management 
plan which will be overwhelmed if we are not able to regulate the flow 
of waste into our State.
  My State faces the urgency of a ticking clock--we have less than 5 
years landfill capacity left.
  During 1993, over 820,000 tons of trash produced in other States were 
buried in Indiana soil.
  Indiana had 150 landfills in 1980. Today, 64 remain.
  Despite our best efforts to manage our own solid waste, we are still 
faced with a simple fact: We can't control our future if we can't 
control our borders.
  In Indiana we are taking care of our own trash. We ask only that 
every State be environmentally responsible and accountable for the 
trash it generates.


                         constitutional problem

  State legislatures have tried to take care of the interstate waste 
problem but their ability to act effectively is limited. Each time 
States attempt to address this situation, the courts have ruled the 
State laws unconstitutional
  The Courts have done so because the Courts have ruled that trade is 
protected by the commerce clause of the constitution and that States 
cannot enact laws interfering with that trade.
  In June 1992, the Supreme Court handed down a decision reaffirming 
that only Congress possesses the constitutional mandate to regulate 
trade between the States.
  In Fort Gratiot Sanitary Landfill Inc. versus Michigan the court 
reviewed a Michigan statute that allows the State's counties to 
regulate out-of-State and out-of-county waste disposal. The court 
struck down the statute as an unconstitutional interference with 
interstate commerce.
  In his dissent in Fort Gratiot, the Chief Justice of the Supreme 
Court, William Rehnquist stated that he saw no reason in the commerce 
clause that requires certain cheap land States to become waste 
repositories for their brethren. But the court cases have also been 
clear in stating that if Congress legislates the issue, that will be 
determinative of the law, and that will address the constitutional 
question. What has failed is the ability of the U.S. Congress to 
override the provisions of the commerce clause, which the Court has 
expressly said they can do if we legislatively act. But as I indicated 
earlier, we have been unable to accomplish that. Today we have taken, 
after much deliberation, after much negotiation over a long period of 
time, a major and, hopefully, determinative step to finalize this 
entire question in this issue.

  The House now having passed similar legislation, as the Senate has 
just passed, means that we, hopefully, can quickly move to resolve the 
few differences between the two versions and put this on the 
President's desk for signature. It has been a long road. It has 
required great effort and persistence by many, many people. We have 
shown endless patience in seeking a resolution for one of our States; 
if not the most pressing concern, if not the most pressing 
environmental concern.
  Mr. President, I will skip the recitation of all of the ins, outs, 
ups and downs and difficult hurdles we have had to overcome to get to 
this particular point. Many of my colleagues have worked very, very 
hard to see that this is finally accomplished. We have had to give and 
take on both sides.
  But today, with the clock ticking in the 103d Congress, we have 
passed legislation crafted out of the Environment and Public Works 
Committee with the chairmanship of Senator Baucus and with the 
assistance of the ranking member, Senator Chafee and members of that 
committee, with the assistance of my colleagues on both sides of the 
aisle, Republicans and Democrats, those from both importing States and 
exporting States, who have been alerted to the crisis and who have seen 
the need to be environmentally responsible, and seeing it understood 
that simply solving a problem in one State was creating a problem in 
another State. We have had help from Governors from across the country. 
And it is the efforts of many, many people that have brought this to 
this particular point.
  The legislation that we have just passed, as I said, strengthens the 
hands of importing States in many key ways. It provides all States 
additional authority to restrict waste imports. The original 
legislation only went to certain targeted States. This now gives all 
States additional powers. It requires the biggest exporting States to 
finally take control of their own waste. They will need to reduce 
exports over the next 8 years. And, if they fail to meet certain 
milestones, they will face an immediate ban. It leaves protection of 
existing waste contracts up to State law rather than granting them new 
Federal protections as was the case in the 1992 Senate-passed bill.
  In sum, Mr. President, the amendment would give States and 
communities the authority to stop new movements of out-of-State waste. 
It allows continued trash shipments to a limited universe of landfills 
which received out-of-State trash in 1993 and that meet all Federal and 
State standards for environmentally sound facilities. I want to repeat 
that. It only allows continued trash shipments to a very limited 
universe of landfills and only if they received out-of-State trash in 
1993 and only if those landfills meet all Federal-State standards for 
environmentally sound facilities.
  The legislation provides that no landfill becomes a target for out-
of-State trash by giving all States the ability to freeze volumes at 
grandfathered facilities, and it requires the biggest exporting States 
to finally take control of their own waste. They will need to reduce 
exports. If they fail to meet their milestones created in the bill, 
they will face an immediate ban.
  We have clearly waited our turn. We have clearly demonstrated great 
patience on this issue. We have now acted. And I thank my colleagues 
for their cooperation in doing so. If this amendment can be taken up 
quickly in conference, I am satisfied that we will be able to have this 
signed into law quickly.
  In February 1992, then candidate Bill Clinton, now President, clearly 
understood the problem when he stated in a debate in South Dakota in 
February 1992 and I quote:

       Our State--

  Meaning Arkansas.

     --was targeted by people from back East who wanted to bring a 
     lot of their garbage in * * * one of the things that the 
     United States Congress should pass, and the President should 
     sign, an act which gives every State the right to ban the 
     import of out-of-State waste * * * the States ought to be 
     able to decide.

  So we are confident that, if we can quickly resolve the very minor 
differences between the House and the Senate legislation, the President 
will sign this bill. If the bill is not enacted this year, we are back 
to square one.
  Let me make a prediction. Without a law this year, the problem moves 
west and south and more States will know the crisis which Indiana, 
Ohio, Pennsylvania, and Michigan have known for years.
  This is, and has been, the simple appeal of importing States. It is 
important that we not squander our chance to enact meaningful 
restrictions. It is important that the House and the Senate move 
quickly so that this can be finalized in the 103d Congress.
  I thank Senator Specter from Pennsylvania for being a champion in 
working with us side-by-side since we began this process. I thank my 
other colleagues, both Republicans and Democrats. I want to acknowledge 
the support and the help of the chairman of the Environment and Public 
Works Committee, who just arrived on the floor, for working diligently 
with us, for passing legislation out of his committee after some long 
and difficult negotiations, and for his help in bringing us to this 
particular point.
  Mr. RIEGLE addressed the Chair.
  The PRESIDING OFFICER. The Senator from Michigan [Mr. Riegle] is 
recognized.

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