Approves and ratifies the cession to the United States of all historical tribal lands of the Band.
Extinguishes all specified claims against the United States, a state or local government, or any other person or entity, by the Band arising subsequent to such cession, and based upon any interest in or right involving the land.
Prohibits the Band from using its federal recognition to assert any historical land claim.
Transfers all interests in lands held by the Band upon enactment of this Act to the United States, to be held in trust for the benefit of the Band.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3526 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3526
To extend Federal recognition to the Mowa Band of Choctaw Indians of
Alabama, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 2005
Mr. Bonner introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To extend Federal recognition to the Mowa Band of Choctaw Indians of
Alabama, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Mowa Band of
Choctaw Indians Recognition Act''.
(b) Definitions.--For the purposes of this Act:
(1) Tribe.--The term ``Tribe'' means the Mowa Band of
Choctaws and Mowa Band of Choctaw Indians of Alabama.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 2. 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 Tribe.
SEC. 3. RESTORATION OF RIGHTS.
(a) In General.--All rights and privileges of the Tribe which may
have been abrogated or diminished before the date of the enactment of
this Act by reason of any provision of Federal law that terminated
Federal recognition of the Tribe are hereby restored and such Federal
law shall no longer apply with respect to the Tribe or the members of
the Tribe.
(b) Approval of Transfers.--Under the treaties entered into by the
ancestors of the Tribe, all historical tribal lands were ceded to the
United States. Congress does hereby approve and ratify such cession
effective as of the date of the cession and the cession shall be
regarded as an extinguishment of all interest of the Tribe, if any, in
said lands as of the date of the cession. By virtue of the approval and
ratification of the cession of said lands, all claims against the
United States, any State or subdivision thereof, or any other person or
entity, by the Tribe, including but not limited to, claims for trespass
damages or claims for use and occupancy, arising subsequent to the
cession and that are based upon any interest in or right involving such
land, shall be regarded as extinguished as of the date of the cession.
(c) Historical Land Claims.--The Tribe has no historical land claim
and cannot and shall not use its Federal recognition to assert any
historical land claim. As used herein, ``historical land claim'' means
a claim to land based upon a contention that the Tribe, or its
ancestors, were the native inhabitants of such land or based upon the
Tribe's ``status as native Americans or based upon the Mowa Band of
Choctaws'' Federal recognition.
(d) Request and Best Interest of Tribe.--Congress finds that the
provisions of this section are enacted at the request of the Tribe and
are in the best interests of the Tribe.
SEC. 4. LANDS.
(a) Land Taken Into Trust.--All legal rights, title, and interests
in lands that are held by the Tribe on the date of the enactment of
this Act are hereby transferred, at the request of the Tribe, to the
United States in trust for the use and benefit of the Tribe.
(b) Future Lands Into Trust.--(1) Notwithstanding any other
provision of law, if the Tribe transfers to the Secretary any interest
in lands acquired by the Tribe after the date of the enactment of this
Act, the Secretary shall accept such land on behalf of the United
States. Such lands shall be held by the United States in trust for the
benefit of the Tribe.
(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) Any lands held in trust by the United States for the use and
benefit of the Tribe pursuant to this section shall constitute the
reservation of the Tribe.
(d) Congress finds that the provisions of this section are enacted
at the request of the Tribe and are in the best interests of the Tribe.
SEC. 5. SERVICES AND BENEFITS.
The Tribe, and the members of the Tribe, 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 and,
notwithstanding any other provision of law, such services and benefits
shall be provided after the date of the enactment of this Act to the
Tribe, and to the members of the Tribe, without regard to the existence
of a reservation for the Tribe or the location of the residence of any
member of the Tribe on or near an Indian reservation.
SEC. 6. CONSTITUTION AND BYLAWS.
(a) In General.--The Tribe may organize for its common welfare and
adopt a constitution and bylaws in accordance with regulations
prescribed by the Secretary. The Secretary shall offer to assist the
Tribe in drafting a constitution and bylaws for the Tribe.
(b) Filing With Secretary.--Any constitution, bylaws, or amendments
to the constitution or bylaws that are adopted by the Tribe shall take
effect only after such constitution, bylaws, or amendments are filed
with the Secretary.
SEC. 7. MEMBERSHIP.
(a) Interim Membership.--Until a constitution for the Tribe is
adopted, the membership of the Tribe shall consist of every individual
who--
(1) is named in the tribal membership roll that is in
effect on the date of the enactment of this Act, or
(2) is a descendant of any individual described in
paragraph (1).
(b) Membership After Adoption of Constitution and Bylaws.--After
the adoption of a constitution by the Tribe, the membership of the
Tribe shall be determined in accordance with the terms of such
constitution or any bylaws adopted under such constitution.
SEC. 8. REGULATIONS.
The Secretary shall prescribe such regulations as may be necessary
to carry out the purposes of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
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