[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3443 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 3443
To extend Federal recognition to the MOWA Band of Choctaw Indians, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 5, 2022
Mr. Shelby introduced the following bill; which was read twice and
referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To extend Federal recognition to the MOWA Band of Choctaw Indians, 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 ``MOWA Band of Choctaw Indians
Recognition Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Member.--The term ``member'' means--
(A) an individual who is an enrolled member of the
Tribe as of the date of enactment of this Act; and
(B) an individual who is included on the membership
roll of the Tribe under section 4.
(2) Reservation.--The term ``Reservation'' means the
boundaries of the reservation of the Tribe, which are the same
as the boundaries of Washington County and Mobile County in the
State of Alabama.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Tribe.--The term ``Tribe'' means the MOWA Band of
Choctaw Indians.
SEC. 3. FEDERAL RECOGNITION.
(a) Federal Recognition.--
(1) In general.--Federal recognition is extended to the
Tribe.
(2) Applicability of laws.--All laws (including
regulations) of the United States of general applicability to
Indians or Indian Tribes, nations, or bands of Indians,
including the Act of June 18, 1934 (commonly known as the
``Indian Reorganization Act'') (48 Stat. 984, chapter 576; 25
U.S.C. 5101 et seq.), that are not inconsistent with this Act
shall be applicable to the Tribe and the members.
(b) Federal Services and Benefits.--
(1) In general.--Beginning on the date of enactment of this
Act, the Tribe and the members shall be eligible for all
services and benefits provided by the Federal Government to
federally recognized Indian Tribes and members of federally
recognized Indian Tribes, without regard to--
(A) the existence of a reservation for the Tribe;
or
(B) the location of the residence of any member,
including whether the member resides on or near a
reservation.
(2) Service area.--For the purpose of the delivery of
Federal services and benefits to members, the service area of
the Tribe shall be considered to be the area comprised of
Washington County and Mobile County in the State of Alabama.
SEC. 4. MEMBERSHIP ROLL.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Tribe shall submit to the Secretary an
initial membership roll consisting of the name of each individual
enrolled as a member of the Tribe.
(b) Determination of Membership.--The qualifications for inclusion
on the membership roll of the Tribe shall be determined in accordance
with--
(1) the Constitution of the Mobile-Washington County Band
of Choctaw Indians of South Alabama, enacted on June 15, 1991;
and
(2) any amendments or changes to the Constitution.
(c) Maintenance of Roll.--The Tribe shall have the sole authority
and responsibility to maintain the membership roll under this section.
SEC. 5. RESERVATION OF THE TRIBE.
(a) In General.--The Secretary shall acquire and take into trust
for the benefit of the Tribe title to land identified by the Tribe, not
to exceed 3,223 acres, within the Reservation.
(b) Subsequent Trust Acquisitions.--The Secretary may acquire and
take into trust for the benefit of the Tribe additional land pursuant
to section 5 of the Act of June 18, 1934 (commonly known as the
``Indian Reorganization Act'') (25 U.S.C. 5108).
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