[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3262 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 3262
To provide for Federal recognition of the Lower Muscogee-Creek Indian
Tribe of Georgia, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 9, 1999
Mr. Bishop introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To provide for Federal recognition of the Lower Muscogee-Creek Indian
Tribe of Georgia, 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.
This Act may be cited as the ``Lower Muscogee-Creek Indian Tribe of
Georgia Recognition Act''.
SEC. 2. FINDINGS.
The Congress declares and finds the following:
(1) The Lower Muscogee-Creek Indian Tribe of Georgia are
descendants of and political successors to those Indians known
as the original Creek Indian Nation at the time of initial
European contact with America.
(2) The Lower Muscogee-Creek Indian Tribe of Georgia are
descendants and political successors to the signatories of the
1832 Treaty of Washington which was a treaty made while the
Creeks were one nation, before removal. The Treaty involved all
Creeks, including the Upper, Middle, and Lower Creeks, when the
Creek Nation was whole and intact.
(3) The Lower Muscogee-Creek Indian Tribe of Georgia
consists of over 2,500 eligible members, most of whom continue
to reside close to their ancestral homeland within the State of
Georgia. Pursuant to Article XII of the 1832 Treaty of
Washington, the Lower Muscogee-Creek Indian Tribe of Georgia
declined to be removed and continued to operate as a sovereign
Indian tribe comprising those Lower Creeks declining removal
under the Treaty of 1832.
(4) The Lower Muscogee-Creek Indian Tribe of Georgia
continues its political and social existence with a viable
tribal government carrying out many of its governmental
functions through its traditional form of collective
decisionmaking and social interaction.
(5) In 1972, when the Lower Muscogee-Creek Indian Tribe of
Georgia (also known as the Muscogee-Creek Indian Tribe East of
the Mississippi River) petitioned the Bureau of Indian Affairs
for Federal recognition, the tribal leaders were not well
educated and the Tribe could not afford competent counsel
adequately versed in Federal Indian law. The Tribe was unable
to obtain technical assistance in its petition which
consequently lacked critical and pertinent historical
information necessary for recognition. Thus, due to technical
omissions, the petition was denied on December 21, 1981.
(6) Despite the denial of the petition, the United States
Government, the government of the State of Georgia, and local
governments, have recognized the political leaders of the Lower
Muscogee-Creek Indian Tribe of Georgia as leaders of a distinct
political governmental entity.
SEC. 3. DEFINITIONS.
For the purposes of this Act--
(1) the term ``Tribe'' means the Lower Muscogee-Creek
Indian Tribe of Georgia;
(2) the term ``Secretary'' means the Secretary of the
Interior; and
(3) The term ``member'' means an enrolled member of the
Tribe, as of the date of enactment of this Act, or an
individual who has been placed on the membership rolls of the
Tribe in accordance with this Act.
SEC. 4. FEDERAL RECOGNITION.
(a) In General.--Federal recognition is hereby extended to the
Tribe. 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) Federal Benefits and Services.--The Tribe and its members shall
be eligible, on or after the date of enactment of this Act, for all
Federal benefits and services furnished to federally recognized Indian
tribes and their members because of their status as Indians without
regard to the existence of a reservation for the Tribe or the residence
of any member on or near an Indian reservation.
(c) Service Area.--
(d) 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.
SEC. 5. RESERVATION.
(a) Lands Taken Into Trust.--Notwithstanding any other provision of
law, if, not later than 2 years after the date of enactment of this
Act, the Tribe transfers interest in land within the boundaries of
Grady County, Carroll County, and such other counties in the State of
Georgia to the Secretary, the Secretary shall take such interests in
land into trust for the benefit of the Tribe.
(b) Reservation Established.--Land taken into trust pursuant to
subsection (a) shall be the initial reservation land of the Tribe.
SEC. 6. BASE MEMBERSHIP ROLL.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Tribe shall submit to the Secretary a
membership roll consisting of all individuals who are members of the
Tribe. The qualifications for inclusion in the membership roll of the
Tribe shall be developed and based upon the membership provisions as
contained in the Tribe's Constitution and Bill of Rights. Upon
completion of the membership roll, the Secretary shall publish notice
of such in the Federal Register. The Tribe shall ensure that such roll
is maintained and kept current.
(b) Future Membership.--The Tribe shall have the right to determine
future membership in the Tribe; however, in no event may an individual
be enrolled as a member of the Tribe unless the individual is a lineal
descendant of a person on the base membership roll, and has continued
to maintain political relations with the Tribe.
SEC. 7. JURISDICTION.
The reservation established pursuant to this Act shall be Indian
country under Federal and tribal jurisdiction.
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