,i #aacth ,,congress #ast ,session ,h4 ,r4 #bddb ,,in ,,the ,,house ,,of ,,representatives ,june #ai1 #bjac ,mr4 ,mc,dermott introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to extend ,federal recognition to the ,duwamish ,tribe1 and for other purposes4 #a4 ,short title2 findings 7a7 ,short title ,this ,act may be cited as the ,duwamish ,tribal ,recognition ,act4 7b7 ,findings ,congress finds the following3 7#a7 ,in #ahee1 the ,duwamish ,tribe signed the ,treaty of ,point ,elliott1 which guaranteed fishing rights and reservations to all tribes represented by the ,native signatories4 7#b7 ,the ,duwamish signatory was their ,chief1 ,chief ,si'ahl1 for whom the ,city of ,seattle is named4 7#c7 ,in #ahei1 the ,treaty of ,point ,elliott was ratified by ,congress4 ,however1 the promises made by the ,united ,states in the treaty were never fulfilled as to the ,duwamish ,tribe or its members4 7#d7 ,in #aibe1 the ,duwamish ,tribe officially adopted its constitution and bylaws4 7#e7 ,the ,duwamish ,tribe filed suit before the ,indian ,claims ,commission for the value of its lands taken without compensation and a #fb1jjj judgment ultimately was awarded to the ,duwamish4 ,the settlement was eventually distributed per capita at #fd per person to the ,duwamish people4 7#f7 ,in #aigf1 the ,duwamish ,tribe first submitted a petition for ,federal recognition to the ,secretary of the ,interior4 ,that petition subsequently was returned to the tribe for revision due to changes in regulations governing the administrative ,federal acknowledgment process4 7#g7 ,in #aihh1 the ,duwamish ,tribe submitted its completed petition for ,federal recognition4 7#h7 ,in #aiif1 after years of delay1 the ,duwamish ,tribe received a negative preliminary determination4 ,in response1 the tribe addressed the identified problems in its final submission of ,october #ba1 #aiih4 7#i7 ,on ,january #ai1 #bjja1 the ,duwamish ,tribe received a favorable determination for ,federal recognition from the ,assistant ,secretary of the ,interior for ,indian ,affairs4 7#aj7 ,on ,september #bf1 #bjja1 the new ,assistant ,secretary for ,indian ,affairs unilaterally reversed the ,january #ai1 #bjja1 decision and rejected the ,duwamish petition for recognition4 7#aa7 ,on ,january #d1 #bjjb1 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 questions4 7#ab7 ,on ,may #h1 #bjjb1 the ,secretary of the ,interior refused to refer the ,duwamish petition back to the ,assistant ,secretary for ,indian ,affairs for further consideration4 7#ac7 ,nearly #aej years after the ,duwamish ,tribe signed the ,point ,elliott ,treaty1 the ,duwamish people still seek the recognition which was established by the treaty4 #b4 ,definitions ,for the purposes of this ,act1 the following definitions apply3 7#a7 ,member ,the term member means an enrolled member of the ,duwamish ,tribe1 as of the date of the enactment of this ,act1 or an individual who has been placed on the membership rolls in accordance with this ,act4 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#c7 ,tribe ,the term ,tribe means the ,duwamish ,tribe4 #c4 ,federal recognition ,federal recognition is hereby extended to the ,duwamish ,tribe4 ,all laws and regulations of the ,united ,states of general application to ,indians1 or nations1 tribes1 or band of ,indians1 including the ,act of ,june #ah1 #aicd 7#be ,u4,s4,c4 #dfa et seq471 which are not inconsistent with any specific provision of this ,act1 shall be applicable to the ,tribe and its members4 #d4 ,federal services and benefits 7a7 ,in general ,the ,tribe and its members shall be eligible1 on and after the date of the enactment of this ,act1 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 reservation4 7b7 ,service area ,for purposes of the delivery of ,federal services to enrolled members of the ,tribe1 the ,tribe's service area shall consist of the following3 ,king ,county1 ,kitsap ,county1 ,pierce ,county1 ,lewis ,county1 and ,mason ,county4 #e4 ,membership ,not later than #i months after the date of the enactment of this ,act1 the ,tribe shall submit to the ,secretary a membership roll consisting of all individuals enrolled in the ,tribe4 ,the qualifications for inclusion on the membership roll of the ,tribe shall be determined by the membership clauses in the ,tribe's governing document1 in consultation with the ,secretary4 ,upon completion of the roll1 the ,secretary shall immediately publish notice of the roll in the ,federal ,register4 ,the ,tribe shall ensure that such roll is maintained and kept current4 #f4 ,constitution and governing body 7a7 ,constitution 7#a7 ,adoption ,not later than #i months after the date of the enactment of this ,act1 the ,tribe shall conduct1 by secret ballot1 an election to adopt a constitution and bylaws for the ,tribe4 7#b7 ,interim governing documents ,until such time as a new constitution is adopted under paragraph 7#a71 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 process4 7b7 ,officials ,not later than #f months after the ,tribe adopts a constitution and bylaws pursuant to subsection 7a71 the ,tribe shall elect a governing body in accordance with the procedures set forth in its constitution and bylaws4 ,until such time as a new governing body is elected1 the governing body of the ,tribe shall be the governing body selected under the election procedures specified in the interim governing documents of the ,tribe4 #g4 ,land in trust 7a7 ,requirement ,to take land into trust ,if1 not later than #aj years after the date of the enactment of this ,act1 the ,tribe transfers all right1 title1 and interest in and to any land within the ,tribe's service area identified under section #d7;b7 or land identified under subsection 7b7 as its aboriginal homelands to the ,secretary1 the ,secretary shall take such land into trust for the benefit of the ,tribe4 7b7 ,identification of aboriginal lands ,not later than #aj years after the date of the enactment of this ,act1 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 7a74 7c7 ,no federal liability on trust acceptance ,notwithstanding any other provision of law1 the ,united ,states should not incur any liability for conditions on any parcels of land taken into trust under this section4