Text: H.R.5639 — 107th Congress (2001-2002)All Bill Information (Except Text)

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Introduced in House (10/10/2002)

 
[Congressional Bills 107th Congress]
[From the U.S. Government Printing Office]
[H.R. 5639 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5639

To clarify the rights of United States citizenship and eligibility for 
  Federal benefits for all enrolled members of the Kickapoo Tribe of 
  Oklahoma and the Kickapoo Traditional Tribe of Texas, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 10, 2002

   Mr. Watkins of Oklahoma introduced the following bill; which was 
    referred to the Committee on Resources, and in addition to the 
Committee on the Judiciary, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To clarify the rights of United States citizenship and eligibility for 
  Federal benefits for all enrolled members of the Kickapoo Tribe of 
  Oklahoma and the Kickapoo Traditional Tribe of Texas, 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 ``Texas Band of Kickapoo Act 
Amendments''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Texas Band of Kickapoo is a subgroup of the 
        Kickapoo Tribe of Oklahoma whose ancestors were forced to 
        migrate from their ancestral lands in the Midwestern United 
        States to lands now within the boundaries of Mexico and the 
        States of Oklahoma and Texas.
            (2) The migratory nature of the Kickapoos, which required 
        their frequent travel between Oklahoma, Texas, and Mexico, 
        resulted in lack of clarity in their rights of citizenship and 
        their eligibility for Federal services which could be provided 
        only to Kickapoos when they were on or near the reservation of 
        the Kickapoo Tribe of Oklahoma in McLoud, Oklahoma.
            (3) Although members of the Texas Band of Kickapoo lived 
        primarily in Texas under conditions posing serious threats to 
        their health, they owned no land in Texas and, therefore, were 
        unable to obtain Federal services which the United States 
        provides to other Indians who are members of federally 
        recognized Indian tribes because of their status as Indians.
            (4) In 1983, the Texas Band of Kickapoo Act (25 U.S.C. 
        1300b-11 et seq.) was enacted to confirm the United States 
        citizenship of Kickapoos residing in Texas and their 
        eligibility for Federal services.
            (5) Although many Kickapoos meet the requirements for 
        United States citizenship, some lack written records to prove 
        that they do and have not been made aware that their right to 
        apply for collective citizenship under the Texas Band of 
        Kickapoo Act has expired. Amendment of the Immigration and 
        Nationality Act is necessary to establish modified 
        naturalization procedures to address the Kickapoos' eligibility 
        for citizenship.
            (6) The Kickapoo Tribe of Oklahoma acquired land in 
        Maverick County, Texas, in order to provide for the delivery of 
        Federal services to its tribal members in Texas, known as the 
        Texas Band or subgroup of the Kickapoo Tribe of Oklahoma, and 
        in turn, in 1986 such land was acquired in trust by the United 
        States by trust deed ``for the benefit of the Texas Band of 
        Kickapoo, a subgroup of the Kickapoo Tribe of Oklahoma''.
            (7) In 1989, some members of the Texas Band chose to form a 
        separate governmental entity now known as the Kickapoo 
        Traditional Tribe of Texas, while the remaining Texas Kickapoos 
        continue to be a subgroup of and have membership in the 
        Kickapoo Tribe of Oklahoma.
            (8) Since the early 1990s, disputes have arisen over 
        whether beneficial ownership of the trust land in Maverick 
        County, Texas, resides with the Kickapoo Tribe of Oklahoma or 
        with the Kickapoo Traditional Tribe of Texas. For some tribal 
        members, lack of clarity regarding ownership of the trust 
        property has resulted in eviction from their homes and 
        inability to receive services, contrary to the intent and goals 
        of the Texas Band of Kickapoo Act.
            (9) Both tribes require a land base in Texas to be able to 
        provide services and housing for their respective tribal 
        members. Only the Congress can clarify the beneficial ownership 
        of Kickapoo reservation lands to ensure that both tribes have 
        an appropriate land base in Maverick County, Texas.
            (10) The respective members of the Kickapoo Tribe of 
        Oklahoma and the Kickapoo Traditional Tribe of Texas deserve to 
        have their United States citizenship confirmed and their 
        ability to cross the borders of the United States clarified, 
        and to receive all of the Federal services which the United 
        States provides to Indians because of their status as Indians.
            (11) Beneficial title to land already held in trust by the 
        United States pursuant to authority granted in the Texas Band 
        of Kickapoo Act should be transferred from the Kickapoo Tribe 
        of Oklahoma to the Kickapoo Traditional Tribe of Texas, and 
        replacement land in the State of Texas should be accepted into 
        trust by the United States to provide a home for those Texas 
        Kickapoos who continue to be members of the Kickapoo Tribe of 
        Oklahoma.

SEC. 3. DEFINITIONS.

    Section 3 of the Texas Band of Kickapoo Act (25 U.S.C. 1300b-12) is 
amended to read as follow:

``SEC. 3. DEFINITIONS.

    ``For the purposes of this Act, the following definitions apply:
            ``(1) Texas band.--The term `Texas Band' means the Texas 
        Band of Kickapoo Indians, all members of which were part of the 
        Kickapoo Tribe of Oklahoma as it existed prior to 1989 when a 
        portion of the Band obtained Federal recognition as a 
        governmental tribal entity separate from the Kickapoo Tribe of 
        Oklahoma.
            ``(2) Kickapoo tribe of oklahoma.--The term `Kickapoo Tribe 
        of Oklahoma' means the Kickapoo Tribe recognized by the United 
        States pursuant to the Treaty with the Kickapoo on December 9, 
        1809 (7 Stat. 117), and reorganized in 1938 as the Kickapoo 
        Tribe of Oklahoma pursuant to the Oklahoma Indian Welfare Act.
            ``(3) Kickapoo traditional tribe of texas.--The term 
        `Kickapoo Traditional Tribe of Texas' means the Kickapoo Tribe 
        administratively recognized in 1989 pursuant to Federal 
        authorities granted in the Texas Band of Kickapoo Act.
            ``(4) Kickapoo tribes.--The term `Kickapoo Tribes' means 
        the Kickapoo Tribe of Oklahoma and the Kickapoo Traditional 
        Tribe of Texas.
            ``(5) Secretary.--The term `Secretary' means the Secretary 
        of the Interior.''.

SEC. 4. MEMBERSHIP ROLLS; CITIZENSHIP ELIGIBILITY.

    (a) Updating Membership Rolls; Compilation of Citizenship 
Eligibility Lists.--Section 4 of the Texas Band of Kickapoo Act (25 
U.S.C. 1300b-13) is amended to read as follows:

``SEC. 4. MEMBERSHIP ROLLS; CITIZENSHIP ELIGIBILITY.

    ``(a) Updating Membership Rolls; Compilation of Citizenship 
Eligibility Lists.--In consultation with the Secretary, the Kickapoo 
Tribe of Oklahoma and the Kickapoo Traditional Tribe of Texas each 
shall update the membership roll of such tribe's tribal members and 
shall compile a list of its tribal members who reside permanently in 
the United States but were not born in the United States and are not 
otherwise a citizen or national of the United States. When such 
membership roll is updated, and such citizenship eligibility list is 
compiled, the Secretary shall promptly publish notice in the Federal 
Register announcing the completion of the citizenship eligibility list 
and shall provide a copy of such list to the Attorney General for use 
in approving applications for certificates of citizenship pursuant to 
section 341(c) of the Immigration and Nationality Act (8 U.S.C. 
1452(c)).
    ``(b) Border Crossing Rights.--Notwithstanding the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.) or any other law, any 
individual who was entitled to enter the United States under this 
section, as in effect on the day before the date of the enactment of 
the Texas Band of Kickapoo Act Amendments, shall continue to have such 
right until the earlier of--
            ``(1) the date on which a final determination is made on an 
        application timely filed by the individual pursuant to section 
        341(c) of the Immigration and Nationality Act (8 U.S.C. 
        1452(c)); or
            ``(2) the end of the final 2-year application period 
        described in paragraph (3) of such section 341(c).''.
    (b) Citizenship.--Section 341 of the Immigration and Nationality 
Act (8 U.S.C. 1452) is amended by adding at the end the following:
    ``(c)(1) An individual who is described in paragraph (2) and 
satisfies the requirements of paragraphs (3) and (4) may be issued a 
certificate of citizenship. Upon proof to the satisfaction of the 
Attorney General that the individual is so eligible, and upon taking 
and subscribing before a member of the Service within the United States 
to the oath of allegiance required by this Act of an applicant for 
naturalization, such individual shall be furnished by the Attorney 
General with a certificate of citizenship.
    ``(2) An individual is described in this paragraph if the name of 
the individual appears on a citizenship eligibility list provided to 
the Attorney General pursuant to section 4 of the Texas Band of 
Kickapoo Act (25 U.S.C. 1300b-13) because such individual--
            ``(A) is of Kickapoo descent;
            ``(B) is a member of--
                    ``(i) the Kickapoo Tribe of Oklahoma (as defined in 
                section 3 of the Texas Band of Kickapoo Act (25 U.S.C. 
                1300b-12)); or
                    ``(ii) the Kickapoo Traditional Tribe of Texas (as 
                so defined);
            ``(C) was born outside the United States and its outlying 
        possessions;
            ``(D) resides permanently in the United States; and
            ``(E) is not otherwise a citizen or national of the United 
        States.
    ``(3) An individual described in paragraph (2) may apply to the 
Attorney General for a certificate of citizenship under this subsection 
only during a 2-year period commencing on the date following 
publication, pursuant to section 4 of the Texas Band of Kickapoo Act 
(25 U.S.C. 1300b-13), of the notice of completion of a citizenship 
eligibility list on which the name of the applicant appears.
    ``(4) The Attorney General may not grant an application for a 
certificate of citizenship under this subsection unless the applicant 
is, and has been during the 5-year period immediately preceding the 
filing of the application, a person of good moral character.''.

SEC. 5. LAND ACQUISITION.

    Section 5 of the Texas Band of Kickapoo Act (25 U.S.C. 1300b-14) is 
amended to read as follows:

``SEC. 5. LAND ACQUISITION.

    ``(a) Applicability of the Indian Reorganization Act.--The 
Secretary is authorized to exercise authority under section 5 of the 
Act of June 18, 1934 (25 U.S.C. 465; popularly known as the Indian 
Reorganization Act), for the Kickapoo Tribe of Oklahoma and the 
Kickapoo Traditional Tribe of Texas with respect to lands in Maverick 
County, Texas, only.
    ``(b) Relinquishment of Trust Title.--
            ``(1) In general.--The Secretary is hereby directed to 
        allow the Kickapoo Tribe of Oklahoma, upon its request, to 
        relinquish its claim to beneficial title to the land described 
        in paragraph (2) of this subsection in exchange for the 
        replacement land described in subsection (c).
            ``(2) Land description.--Lands referred to in paragraph (1) 
        are those lands known as the Kickapoo Reservation, legal title 
        to which is held in trust by the United States, and described 
        as being all that certain lot, tract, or parcel of land lying 
        and being situated in the County of Maverick, State of Texas. 
        Such lands are more particularly described as follows: Being 
        125.43 acres lying and situated in said Maverick County, Texas, 
        and being 42.07 acres out of survey 20, Abstract 723 and 83.36 
        acres out of Survey 21, Abstract 811; said acreage being the 
        same land conveyed from the Veteran's Land Board of Texas to 
        Arthur Meixner as said conveyance is recorded in volume 51, 
        page 288 of the Maverick County Deed Records, as more 
        particularly described in that certain deed recorded in Book 
        238, pages 324-326 of the Maverick County Deed Records.
    ``(c) Trust Status for Replacement Lands.--
            ``(1) In general.--No later than 60 days after the 
        relinquishment of trust title as provided in subsection (b), 
        the Secretary shall accept all right, title, and interest of 
        the Kickapoo Tribe of Oklahoma in and to the land described in 
        paragraph (2) as replacement land and take that land into trust 
        for the benefit of the Kickapoo Tribe of Oklahoma if--
                    ``(A) the Kickapoo Tribe of Oklahoma so requests;
                    ``(B) there are no adverse legal claims on such 
                property, including outstanding liens, mortgages, or 
                taxes owed; and
                    ``(C) the land described in subsection (b)(2) is no 
                longer held in trust by the United States for the 
                benefit of the Kickapoo Tribe of Oklahoma.
            ``(2) Land description.--Lands referred to in paragraph (1) 
        are described as follows:
                    ``(A) The Surface estate only in and to the 
                following described property to wit: being all that 
                certain tract or parcel of land together with all 
                improvements thereon, and being 173.0 acre tract of 
                land, out of survey 56, abstract 778 and survey 57, 
                abstract 782, in Maverick County, Texas, and being a 
                part of 2,460.6607 acre tract recorded in vol. 425, 
                page 393, official public records of Maverick County, 
                Texas, as more particularly described in that certain 
                deed recorded in said Maverick County, Texas, as 
                Document Number 108772 in Book 663, page 243-244.
                    ``(B) The Surface estate only in and to the 
                following described property to wit: being all that 
                certain tract or parcel of land together with all 
                improvements thereon, and being 200.0 acre tract of 
                land, out of survey 57, survey 58 and survey 13, in 
                Maverick County, Texas, and being a part of 2,460.6607 
                acre tract recorded in vol. 425, page 393, official 
                public records of Maverick County, Texas, as more 
                particularly described in that certain deed recorded in 
                said Maverick County, Texas, as Document Number 108910 
                in Book 664, page 335-339.''.

SEC. 6. JURISDICTION.

    Section 6 of the Texas Band of Kickapoo Act (25 U.S.C. 1300b-15) is 
amended by striking ``Band's trust lands'' and inserting ``lands held 
in trust in Maverick County for the Kickapoo Tribe of Oklahoma and for 
the Kickapoo Traditional Tribe of Texas,''.

SEC. 7. PROVISION OF FEDERAL INDIAN SERVICES.

    Section 7 of the Texas Band of Kickapoo Act (25 U.S.C. 1300b-16) is 
amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Eligibility for Federal Indian Services.--Notwithstanding any 
other provision of law authorizing the provision of special programs 
and services by the United States to Indians because of their status as 
Indians, the Kickapoo Tribe of Oklahoma and the Kickapoo Traditional 
Tribe of Texas, and their respective members who reside in Maverick 
County, Texas, shall be eligible for such programs and services without 
regard to the existence of a reservation, residence on or near a 
reservation, or the compilation of the Membership Rolls pursuant to 25 
U.S.C. 1300b-13(a).''; and
            (2) in subsection (b)--
                    (A) by inserting after ``(b)'' the following: 
                ``Consultation With Mexican Government.--''; and
                    (B) by striking ``the Band and its members'' and 
                inserting ``the Kickapoo Tribes and their respective 
                tribal members''.
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