[Congressional Record Volume 140, Number 141 (Monday, October 3, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[Congressional Record: October 3, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
           FEDERALLY RECOGNIZED INDIAN TRIBE LIST ACT OF 1994

  Mr. RICHARDSON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4180) to prohibit the withdrawal of acknowledgement or 
recognition of an Indian tribe or Alaska Native group or of the leaders 
of an Indian tribe or Alaska Native group, absent an Act of Congress, 
as amended.
  The Clerk read as follows:

                               H.R. 4180

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,
         TITLE I--WITHDRAWAL OF ACKNOWLEDGEMENT OR RECOGNITION

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Federally Recognized 
     Indian Tribe List Act of 1994''.

     SEC. 102. DEFINITIONS.

       For the purposes of this title:
       (1) The term ``Secretary'' means the Secretary of the 
     Interior.
       (2) The term ``Indian tribe'' means any Indian or Alaska 
     Native tribe, band, nation, pueblo, village or community that 
     the Secretary of the Interior acknowledges to exist as an 
     Indian tribe.
       (3) The term ``list'' means the list of recognized tribes 
     published by the Secretary pursuant to section 104 of this 
     title.

     SEC. 103. FINDINGS.

       The Congress finds that--
       (1) the Constitution, as interpreted by Federal case law, 
     invests Congress with plenary authority over Indian Affairs;
       (2) ancillary to that authority, the United States has a 
     trust responsibility to recognized Indian tribes, maintains a 
     government-to-government relationship with those tribes, and 
     recognizes the sovereignty of those tribes;
       (3) Indian tribes presently may be recognized by Act of 
     Congress; by the administrative procedures set forth in part 
     83 of the Code of Federal Regulations denominated 
     ``Procedures for Establishing that an American Indian Group 
     Exists as an Indian Tribe;'' or by a decision of a United 
     States court;
       (4) a tribe which has been recognized in one of these 
     manners may not be terminated except by an Act of Congress;
       (5) Congress has expressly repudiated the policy of 
     terminating recognized Indian tribes, and has actively sought 
     to restore recognition to tribes that previously have been 
     terminated;
       (6) the Secretary of the Interior is charged with the 
     responsibility of keeping a list of all federally recognized 
     tribes;
       (7) the list published by the Secretary should be accurate, 
     regularly updated, and regularly published, since it is used 
     by the various departments and agencies of the United States 
     to determine the eligibility of certain groups to receive 
     services from the United States; and
       (8) the list of federally recognized tribes which the 
     Secretary publishes should reflect all of the federally 
     recognized Indian tribes in the United States which are 
     eligible for the special programs and services provided by 
     the United States to Indians because of their status as 
     Indians.

     SEC. 104. PUBLICATION OF LIST OF RECOGNIZED TRIBES.

       (a) Publication of the List.--The Secretary shall publish 
     in the Federal Register a list of all Indian tribes which the 
     Secretary recognizes to be eligible for the special programs 
     and services provided by the United States to Indians because 
     of their status as Indians.
       (b) Frequency of Publication.--The list shall be published 
     within 60 days of enactment of this Act, and annually on or 
     before every January 30 thereafter.
 TITLE II--CENTRAL COUNCIL OF TLINGIT AND HAIDA INDIAN TRIBES OF ALASKA

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Tlingit and Haida Status 
     Clarification Act''.

     SEC. 202. FINDINGS.

       The Congress finds and declares that--
       (1) the United States has acknowledged the Central Council 
     of Tlingit and Haida Indian Tribes of Alaska pursuant to the 
     Act of June 19, 1935 (49 Stat. 388, as amended, commonly 
     referred to as the ``Jurisdiction Act''), as a federally 
     recognized Indian tribe;
       (2) on October 21, 1993, the Secretary of the Interior 
     published a list of federally recognized Indian tribes 
     pursuant to part 83 of title 25 of the Code of Federal 
     Regulations which omitted the Central Council of Tlingit and 
     Haida Indian Tribes of Alaska;
       (3) the Secretary does not have the authority to terminate 
     the federally recognized status of an Indian tribe as 
     determined by Congress;
       (4) the Secretary may not administratively diminish the 
     privileges and immunities of federally recognized Indian 
     tribes without the consent of Congress; and
       (5) the Central Council of Tlingit and Haida Indian Tribes 
     of Alaska continues to be a federally recognized Indian 
     tribe.

     SEC. 203. REAFFIRMATION OF TRIBAL STATUS.

       The Congress reaffirms and acknowledges that the Central 
     Council of Tlingit and Haida Indian Tribes of Alaska is a 
     federally recognized Indian tribe.

     SEC. 204. DISCLAIMER.

       (a) In General.--Nothing in this title shall be interpreted 
     to diminish or interfere with the government-to-government 
     relationship between the United States and other federally 
     recognized Alaska Native tribes, nor to vest any power, 
     authority, or jurisdiction in the Central Council of Tlingit 
     and Haida Indian Tribes of Alaska over other federally 
     recognized Alaska Native tribes.
       (b) Constitution of Central Council of the Tlingit and 
     Haida Indian Tribes of Alaska.--Nothing in this title shall 
     be construed as codifying the Constitution of the Central 
     Council of the Tlingit and Haida Indian Tribes of Alaska into 
     Federal law.

     SEC. 205. PROHIBITION AGAINST DUPLICATIVE SERVICES.

       Other federally recognized tribes in Southeast Alaska shall 
     have precedence over the Central Council of Tlingit and Haida 
     Indian Tribes of Alaska in the award of a Federal compact, 
     contract or grant to the extent that their service population 
     overlaps with that of the Central Council of Tlingit and 
     Haida Indian tribes of Alaska. In no event shall dually 
     enrolled members result in duplication of Federal service 
     funding.
       TITLE III--PASKENTA BAND OF NOMLAKI INDIANS OF CALIFORNIA

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Paskenta Band Restoration 
     Act''.

     SEC. 302. DEFINITIONS.

       For purposes of this title:
       (1) The term ``Tribe'' means the Paskenta Band of Nomlaki 
     Indians of the Paskenta 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 307.
       (4) The term ``member'' means an individual who meets the 
     membership criteria under section 306(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 305.
       (7) The term ``service area'' means the counties of Tehama 
     and Glenn, in the State of California.

     SEC. 303. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND 
                   PRIVILEGES.

       (a) Federal Recognition.--Federal recognition is hereby 
     extended to the Tribe. Except as otherwise provided in this 
     title, all laws and regulations of general application to 
     Indians and 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 the Act of August 18, 
     1958 (Public Law 85-671; 72 Stat. 619), 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.--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 Tribe's service area 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 (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. 304. 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 two 
     years after the adoption of a tribal constitution as provided 
     in section 308, develop such a plan; and
       (3) upon the approval of such plan by the governing body of 
     the Tribe, submit such plan to the 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 305.

     SEC. 305. TRANSFER OF LAND TO BE HELD IN TRUST.

       (a) Lands To Be Taken in Trust.--The Secretary shall accept 
     any real property located in Tehama 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 to such property, 
     including outstanding liens, mortgages, or taxes owned. The 
     Secretary may accept any additional acreage in the Tribe's 
     service area pursuant to the authority of the Secretary under 
     the Act of June 18, 1934 (25 U.S.C. 461 et seq.).
       (b) 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 and 
     shall be part of the Tribe's reservation.

     SEC. 306. MEMBERSHIP ROLLS.

       (a) Compilation of Tribal Membership Roll.--Within one 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 Membership.--(1) Until a tribal 
     constitution is adopted pursuant to section 308, an 
     individual shall be placed on the membership roll if such 
     individual is living, is not an enrolled member of another 
     federally recognized Indian tribe, is of Nomlaki Indian 
     ancestry, and if--
       (A) such individual's name was listed on the Paskenta 
     Indian Rancheria distribution roll compiled on February 26, 
     1959, by the Bureau of Indian Affairs and approved by the 
     Secretary of the Interior on July 7, 1959, pursuant to Public 
     Law 85-671;
       (B) such individual was not listed on the Paskenta Indian 
     Rancheria distribution list, but met the requirements that 
     had to be met to be listed on the Paskenta Indian Rancheria 
     list;
       (C) such individual is identified as an Indian from 
     Paskenta in any of the official or unofficial rolls of 
     Indians prepared by the Bureau of Indian Affairs; or
       (D) such individual is a lineal descendant of an 
     individual, living or dead, identified in subparagraph (A), 
     (B), or (C).
       (2) After adoption of a tribal constitution pursuant to 
     section 308, such tribal constitution shall govern membership 
     in the Tribe.
       (c) Conclusive Proof of Paskenta Indian Ancestry.--For the 
     purpose of subsection (b), the Secretary shall accept any 
     available evidence establishing Paskenta Indian ancestry. The 
     Secretary shall accept as conclusive evidence of Paskenta 
     Indian ancestry, information contained in the census of the 
     Indians in and near Paskenta, prepared by Special Indian 
     Agent John J. Terrell, in any other roll or census of 
     Paskenta Indians prepared by the Bureau of Indian Affairs, 
     and in the Paskenta Indian Rancheria distribution list, 
     compiled by the Bureau of Indian Affairs on February 26, 
     1959.

     SEC. 307. INTERIM GOVERNMENT.

       Until a new tribal constitution and bylaws are adopted and 
     become effective under section 308, the Tribe's governing 
     body shall be an Interim Council. The initial membership of 
     the Interim Council shall consist of the members of the 
     Tribal 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 Tribal Council under the 
     tribal constitution adopted December 18, 1993. Any new 
     members filling vacancies on the Interim Council shall meet 
     the membership criteria set forth in section 306(b) and be 
     elected in the same manner as are Tribal Council members 
     under the tribal constitution adopted December 18, 1993.

     SEC. 308. TRIBAL CONSTITUTION.

       (a) Election; Time and Procedure.--Upon the completion of 
     the tribal membership roll under section 306(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 (25 U.S.C. 476), except that absentee balloting 
     shall be permitted regardless of 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 according to the procedures 
     specified in subsection (a) except to the extent that such 
     procedures conflict with the tribal constitution.

     SEC. 309. GENERAL PROVISION.

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

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Mexico [Mr. Richardson] will be recognized for 20 minutes, and the 
gentleman from Wyoming [Mr. Thomas] will be recognized for 20 minutes.
  The Chair recognizes the gentleman from New Mexico [Mr. Richardson].


                             general leave

  Mr. RICHARDSON. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on the legislation presently under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Mexico?
  There was no objection.
  Mr. RICHARDSON. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. RICHARDSON asked and was given permission to revise and extend 
his remarks.)
  Mr. RICHARDSON. Mr. Speaker, H.R. 4180 is a bill with three titles. 
The first title simply requires the Secretary of the Interior to 
promulgate an annual list of federally recognized Indian tribes. The 
second title restores the Central Council of Tlingit and Haida Indian 
Tribe to the list of federally acknowledged Indian tribes. The 
committee notes that the villages within the central council retain 
their autonomy under the committee amendment. Finally, the third title 
restores the Paskenta Bank of Nomlaki Indian of California. This tribe 
was terminated in 1958 and the BIA supports their restoration.
  Mr. Speaker, this bill has bipartisan support and I urge my 
colleagues to support it.

                              {time}  1410

  Mr. THOMAS of Wyoming. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, as the sponsor of H.R. 4180 I rise to urge my colleagues 
to support it.
  Title I would require the Secretary to publish an annual list of all 
the recognized tribes. Although departmental regulations presently 
require the same every 3 years, the Department does not adhere to those 
regulations; lists are published sporadically, or not at all.
  This is problematic for several reasons. First, inclusion on the list 
is a prerequisite to receipt of the services provided to tribes by the 
BIA. Second, all other Federal agencies which deal with the tribes use 
the list to determine their service populations. Without a current or 
accurate list benefits can be held up, services withheld, and the 
status of tribal governments called into question.
  Unfortunately, Mr. Speaker, this title falls far short of what I had 
envisioned. I had hoped that we could pass a bill that, in addition to 
the listing requirement, would forbid the Secretary from withdrawing 
recognition for an Indian tribe, especially since it appears that the 
BIA erroneously believes it has that authority. Sadly, although favored 
by the subcommittee, that substitute was unacceptable to the chairman 
of the full committee and was scuttled.
  Mr. Speaker, I predict that our lack of action today will come back 
to haunt us. Although the findings section of the title makes clear 
that only Congress has the authority to derecognize a tribe, findings 
are not legally binding. Until we make the prohibition unequivocal and 
give it the force of law, we will continue to be faced with the 
prospect of the BIA usurping our authority.
  Finally, Mr. Speaker, I fully support both the second and third 
titles providing for the restoration of recognition to the Grand 
Council of Tlingit-Haida Indians and the Paskenta Rancheria. The grand 
council was improperly removed from the BIA's list of recognized 
tribes--which in part prompted me to introduce H.R. 4180--and this 
could return them to the status quo ante. The Paskenta were subject to 
our ill-advised termination policies of the 1950's and will have their 
pre-1958 status restored.
  Unlike bills such as H.R. 3605 and S. 282, I support these both 
because they are not recognition, but rather restoration, provisions. 
There is a clear legal distinction between recognition and restoration. 
Both these groups were previously unequivocally recognized by the 
Federal Government, but had that status terminated.
  Mr. Speaker, I urge my colleagues to support this measure.
  Mr. RICHARDSON. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, let me also conclude by paying tribute to the gentleman 
from Wyoming [Mr. Thomas], who has been a great fighter for native 
American tribes in his State and around the country. I feel good about 
the excellent work we have done together on our subcommittee. I know 
the entire membership of the subcommittee, majority and minority alike, 
appreciate the fairness which he and the staff have brought forth on 
all these issues, and I am pleased to acknowledge the great work the 
gentleman has done.
  Mr. YOUNG of Alaska. Mr. Speaker, I rise in strong support of H.R. 
4180, which also incorporates S. 1784, a bill to restore the Central 
Council of Tlingit and Haida Indian Tribes of Alaska to the Department 
of the Interior Bureau of Indian Affairs list of recognized tribes.
  In order to provide a short history, on April 20, 1993, the Bureau of 
Indian Affairs published a new list of Indian entities recognized and 
eligible to receive services from the U.S. Bureau of Indian Affairs. 
Tlingit and Haida Central Council was not on the list, despite the fact 
that they have been recognized by Congress several times. After this 
list was published, S. 1784 was introduced by Senators Murkowski and 
Stevens on November 11, 1993, and adopted by unanimous consent on 
November 24, 1993. This is a good bill and would restore the Central 
Council of Tlingit and Haida Tribes to the list published by the 
Department of the Interior, Bureau of Indian Affairs. I urge my 
colleagues to support H.R. 4180 and support the restoration of Tlingit 
and Haida Central Council to the list recognizing all the tribes 
eligible for services for BIA. I thank the gentleman for allowing me to 
speak on behalf of the Tlingit and Haida Tribes of Alaska.
  Mr. RICHARDSON. Mr. Speaker, I yield back the balance of my time.
  Mr. THOMAS of Wyoming. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore (Mr. Pastor). The question is on the motion 
offered by the gentleman from New Mexico [Mr. Richardson] that the 
House suspend the rules and pass the bill, H.R. 4180, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read: ``A bill to provide 
for the annual publication of a list of federally recognized Indian 
tribes, and for other purposes.''
  A motion to reconsider was laid on the table.

                          ____________________