[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

                                 ______


                       INOUYE AMENDMENT NO. 2603

  Mr. COATS (for Mr. Inouye) proposed an amendment to the bill (H.R. 
4228) to extend Federal recognition to the United Auburn Indian 
Community of the Auburn Rancheria of California; 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.

                          ____________________