text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Paskenta Band Restoration Act''.
  
  SEC. 2. DEFINITIONS.
  
      For purposes of this Act:
              (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 7.
              (4) The term ``member'' means an individual who meets the 
          membership criteria under section 6(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 5.
              (7) The term ``service area'' means the counties of Tehama 
          and Glenn, in the State of California.
  
  SEC. 3. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES.
  
      (a) Federal Recognition.--Federal recognition is hereby extended to 
  the Tribe. Except as otherwise provided in this Act, 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 Act 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 
  Act 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 Act, nothing in this Act shall alter any property right or 
  obligation, any contractual right or obligation, or any obligation for 
  taxes levied.
  
  SEC. 4. 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 8, 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 5.
  
  SEC. 5. 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.
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  SEC. 6. 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 8, 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 8, 
  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. 7. INTERIM GOVERNMENT.
  
      Until a new tribal constitution and bylaws are adopted and become 
  effective under section 8, 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 6(b) and be elected in the same manner as are Tribal 
  Council members under the tribal constitution adopted December 18, 
  1993.
  
  SEC. 8. TRIBAL CONSTITUTION.
  
      (a) Election; Time and Procedure.--Upon the completion of the 
  tribal membership roll under section 6(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. 9. GENERAL PROVISION.
  
      The Secretary may promulgate such regulations as may be necessary 
  to carry out the provisions of this Act.
target: 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: Paskenta Band Restoration Act