Duwamish Tribal Recognition Act
Extends federal recognition to the Duwamish Tribe.
Makes the Tribe and its members eligible for all services and benefits provided by the federal government to federally recognized tribes without regard to the existence of a reservation for the Tribe or the location of the residence of any member on or near any Indian reservation. Defines the Tribe's service area for purposes of the delivery of federal services.
Requires the Tribe to submit to the Department of the Interior a membership roll of all individuals enrolled in the Tribe.
Requires the Tribe to conduct an election by secret ballot to adopt a constitution and bylaws for the Tribe. Requires the Tribe to elect a governing body in accordance with the procedures set forth in its constitution and bylaws.
Requires Interior to take Tribe service area or aboriginal lands into trust for the benefit of the Tribe if the Tribe transfers all interest in and to the land to Interior within ten years. Requires Interior and the Department of Agriculture to identify those lands which shall be considered the aboriginal homelands of the Tribe.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2176 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 2176
To extend Federal recognition to the Duwamish Tribe, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 30, 2015
Mr. McDermott introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To extend Federal recognition to the Duwamish Tribe, 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; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Duwamish Tribal
Recognition Act''.
(b) Findings.--Congress finds the following:
(1) In 1855, the Duwamish Tribe signed the Treaty of Point
Elliott, which guaranteed fishing rights and reservations to
all tribes represented by the Native signatories.
(2) The Duwamish signatory was their Chief, Chief Si'ahl,
for whom the City of Seattle is named.
(3) In 1859, the Treaty of Point Elliott was ratified by
Congress. However, the promises made by the United States in
the treaty were never fulfilled as to the Duwamish Tribe or its
members.
(4) In 1925, the Duwamish Tribe officially adopted its
constitution and bylaws.
(5) The Duwamish Tribe filed suit before the Indian Claims
Commission for the value of its lands taken without
compensation and a $62,000 judgment ultimately was awarded to
the Duwamish. The settlement was eventually distributed per
capita at $64 per person to the Duwamish people.
(6) In 1976, the Duwamish Tribe first submitted a petition
for Federal recognition to the Secretary of the Interior. That
petition subsequently was returned to the tribe for revision
due to changes in regulations governing the administrative
Federal acknowledgment process.
(7) In 1988, the Duwamish Tribe submitted its completed
petition for Federal recognition.
(8) In 1996, after years of delay, the Duwamish Tribe
received a negative preliminary determination. In response, the
tribe addressed the identified problems in its final submission
of October 21, 1998.
(9) On January 19, 2001, the Duwamish Tribe received a
favorable determination for Federal recognition from the
Assistant Secretary of the Interior for Indian Affairs.
(10) On September 26, 2001, the new Assistant Secretary for
Indian Affairs unilaterally reversed the January 19, 2001,
decision and rejected the Duwamish petition for recognition.
(11) On January 4, 2002, the Interior Board of Indian
Appeals referred several questions raised by the circumstances
of the administrative reversal to the Secretary of the Interior
along with directions to decide whether to request further
reconsideration by the Assistant Secretary for Indian Affairs
in light of those questions.
(12) On May 8, 2002, the Secretary of the Interior refused
to refer the Duwamish petition back to the Assistant Secretary
for Indian Affairs for further consideration.
(13) Nearly 160 years after the Duwamish Tribe signed the
Point Elliott Treaty, the Duwamish people still seek the
recognition which was established by the treaty.
SEC. 2. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Member.--The term ``member'' means an enrolled member
of the Duwamish Tribe, as of the date of the enactment of this
Act, or an individual who has been placed on the membership
rolls in accordance with this Act.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribe.--The term ``Tribe'' means the Duwamish Tribe.
SEC. 3. FEDERAL RECOGNITION.
Federal recognition is hereby extended to the Duwamish Tribe. All
laws and regulations of the United States of general application to
Indians, or nations, tribes, or band of Indians, including the Act of
June 18, 1934 (25 U.S.C. 461 et seq.), which are not inconsistent with
any specific provision of this Act, shall be applicable to the Tribe
and its members.
SEC. 4. FEDERAL SERVICES AND BENEFITS.
(a) In General.--The Tribe and its members shall be eligible, on
and after the date of the enactment of this Act, for all services and
benefits provided by the Federal Government to federally recognized
tribes without regard to the existence of a reservation for the Tribe
or the location of the residence of any member on or near any Indian
reservation.
(b) Service Area.--For purposes of the delivery of Federal services
to enrolled members of the Tribe, the Tribe's service area shall
consist of the following: King County, Kitsap County, Pierce County,
Lewis County, and Mason County.
SEC. 5. MEMBERSHIP.
Not later than 9 months after the date of the enactment of this
Act, the Tribe shall submit to the Secretary a membership roll
consisting of all individuals enrolled in the Tribe. The qualifications
for inclusion on the membership roll of the Tribe shall be determined
by the membership clauses in the Tribe's governing document, in
consultation with the Secretary. Upon completion of the roll, the
Secretary shall immediately publish notice of the roll in the Federal
Register. The Tribe shall ensure that such roll is maintained and kept
current.
SEC. 6. CONSTITUTION AND GOVERNING BODY.
(a) Constitution.--
(1) Adoption.--Not later than 9 months after the date of
the enactment of this Act, the Tribe shall conduct, by secret
ballot, an election to adopt a constitution and bylaws for the
Tribe.
(2) Interim governing documents.--Until such time as a new
constitution is adopted under paragraph (1), the governing
documents in effect on the date of the enactment of this Act
shall be the interim governing documents for the Tribe which
were submitted to the Department of the Interior during the
acknowledgment petition process.
(b) Officials.--Not later than 6 months after the Tribe adopts a
constitution and bylaws pursuant to subsection (a), the Tribe shall
elect a governing body in accordance with the procedures set forth in
its constitution and bylaws. Until such time as a new governing body is
elected, the governing body of the Tribe shall be the governing body
selected under the election procedures specified in the interim
governing documents of the Tribe.
SEC. 7. LAND IN TRUST.
(a) Requirement To Take Land Into Trust.--If, not later than 10
years after the date of the enactment of this Act, the Tribe transfers
all right, title, and interest in and to any land within the Tribe's
service area identified under section 4(b) or land identified under
subsection (b) as its aboriginal homelands to the Secretary, the
Secretary shall take such land into trust for the benefit of the Tribe.
(b) Identification of Aboriginal Lands.--Not later than 10 years
after the date of the enactment of this Act, the Secretary of the
Interior and the Secretary of Agriculture shall identify those lands
which shall be considered the aboriginal homelands of the Tribe for the
purposes of subsection (a).
(c) No Federal Liability on Trust Acceptance.--Notwithstanding any
other provision of law, the United States should not incur any
liability for conditions on any parcels of land taken into trust under
this section.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E636-637)
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Indian, Insular and Alaska Native Affairs.
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