[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 4180 Enrolled Bill (ENR)]
H.R.4180
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-
four
An Act
To provide for the annual publication of a list of federally
recognized Indian tribes, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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

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TITLE I

-WITHDRAWAL OF ACKNOWLEDGEMENT OR RECOGNITION

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.

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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.

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(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.
ALASKA

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

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TITLE II

-CENTRAL COUNCIL OF TLIN- GIT AND HAIDA INDIAN TRIBES OF

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.

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

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(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.

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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.

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

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TITLE III

-PASKENTA BAND OF NOMLAKI INDIANS OF CALIFORNIA

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.

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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.

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(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.

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(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.

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(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.

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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.

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(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.

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The Secretary may promulgate such regulations as may be necessary
to carry out the provisions of this title.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

f1be9c0a331ca87b1e55f51be098218a8f978634ce3082db86c1b34e37dd0eaf

An Act to clarify the status of the Tlingit and Haida, and for other purposes.

Other Sections

TITLE I

TITLE II

TITLE III

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