text: 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 TLIN- GIT 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.
  
  
  
  
  
  
  
                                 Speaker of the House of Representatives.
  
  
  
  
  
  
  
                              Vice President of the United States and    
                                                 President of the Senate.
target: TABLE OF CONTENTS: 
       Title I:  Withdrawal of Acknowledgement of Recognition 
       Title II:  Central Council of Tlingit and Haida Indian Tribes 
            of Alaska 
       Title III:  Paskenta Band of Nomlaki Indians of California 
  Title I:  Withdrawal of Acknowledgement of Recognition
   - Federally Recognized Indian Tribe List Act of 1994 - Requires the Secretary of the Interior to publish an annual list of federally recognized Indian tribes. 
  Title II:  Central Council of Tlingit and Haida Indian Tribes of Alaska
   - Tlingit and Haida Status Clarification Act - States that the Congress reaffirms and acknowledges that the Central Council of Tlingit and Haida Indian Tribes of Alaska is a federally recognized Indian tribe. 
  Title III:  Paskenta Band of Nomlaki Indians of California
   - Paskenta Band Restoration Act - Extends Federal recognition and restores rights and privileges of the Paskenta Band of Nomlaki Indians of the Paskenta Rancheria of California.
feat_title: An Act to clarify the status of the Tlingit and Haida, and for other purposes.