MOWA Band of Choctaw Indians Recognition Act

MOWA Band of Choctaw Indians Recognition Act

This bill extends federal recognition to the MOWA Band of Choctaw Indians.

The bill makes the tribe and its members eligible for services and benefits provided to federally recognized tribes and their members, without regard to the existence of a reservation or the location of the residence of any member. The service area of the tribe is considered to be Washington and Mobile Counties, Alabama.

The tribe must submit a membership roll to the Department of the Interior. The tribe must maintain the membership roll.

Interior must take land, not to exceed 3,223 acres, into trust for the benefit of the tribe.

[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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