,i #aacth ,,congress #b;d ,session ,h4 ,r4 #ebae ,,in ,,the ,,house ,,of ,,representatives ,july #bh1 #bjad ,ms4 ,bonamici introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to provide for the restoration of ,federal recognition to the ,clatsop-,nehalem ,confederated ,tribes of ,oregon1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,clatsop-,nehalem ,restoration ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,interim ,council ,the term ,interim ,council means the council which is established under1 and the members elected pursuant to1 section #e4 7#b7 ,member ,the term member1 when used with respect to the tribe1 means an individual enrolled on the membership roll of the tribe in accordance with section #g4 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior or his designated representative4 7#d7 ,tribal governing body ,the term tribal governing body means the governing body that is established under1 and the members elected pursuant to1 the tribal constitution and bylaws adopted in accordance with section #f4 7#e7 ,tribe ,the term tribe means ,clatsop-,nehalem ,confederated ,tribes of ,oregon considered as one tribe in accordance with section #c4 #c4 ,consideration of the ,clatsop-,nehalem confederated tribes as one tribe ,the ,clatsop-,nehalem ,confederated ,tribes of ,oregon shall be considered as one tribal unit for purposes of ,federal recognition and eligibility for ,federal benefits under section #d1 the establishment of tribal self-government under sections #e and #f1 and the compilation of a tribal membership roll under section #g4 #d4 ,restoration of ,federal recognition1 rights1 and privileges 7a7 ,federal recognition ,notwithstanding any provision of the ,act approved ,august #ac1 #aied 7#be ,u4,s4,c4 #fia et seq47 or any other law1 ,federal recognition is extended to the ,clatsop-,nehalem ,confederated ,tribes of ,oregon4 ,nothing is this bill shall affect or diminish the treaty rights previously determined for other federally recognized ,indian tribes4 7b7 ,restoration of rights and privileges ,except as provided in subsection 7d71 all rights and privileges of the tribe and the members of the tribe under any ,federal treaty1 ,executive order1 agreement1 statute1 or other ,federal authority1 that may have been diminished or lost under the ,act approved ,august #ac1 #aied 7#be ,u4,s4,c4 #fia et seq47 are restored1 and the provisions of such ,act shall be inapplicable to the tribe and to members of the tribe after the date of the enactment of this ,act4 7c7 ,federal services and benefits ,notwithstanding any other provision of law1 the tribe and its members shall be eligible1 on and after the date of the enactment of this ,act1 for all ,federal services and benefits furnished to federally recognized ,indian tribes without regard to the existence of a reservation for the tribe4 ,in the case of ,federal services available to members of federally recognized ,indian tribes residing on or near a reservation1 members of the tribe residing in the following counties of the ,state of ,oregon shall be deemed to be residing on or near a reservation3 7#a7 ,tillamook ,county4 7#b7 ,clatsop ,county4 7d7 ,no hunting1 fishing or trapping rights restored ,no hunting1 fishing1 or trapping rights of any nature of the tribe or of any member1 including any indirect or procedural right or advantage over individuals who are not members1 are granted or restored under this ,act4 7e7 ,effect on property rights and other obligations ,except as otherwise specifically provided in this ,act1 no provision contained in this ,act shall alter any property right or obligation1 any contractual right or obligation1 or any obligation for taxes already levied4 #e4 ,interim council 7a7 ,establishment ,there is established an ,interim ,council of the tribe which shall be composed of nine members4 ,the ,interim ,council shall-- 7#a7 represent the tribe and its members in the implementation of this ,act2 and 7#b7 be the governing body of the tribe until the tribal governing body convenes4 7b7 ,nomination and election of interim council members 7#a7 ,general council meeting ,not later than #de days after the date of the enactment of this ,act1 the ,secretary shall announce the date of a general council meeting of the tribe to nominate candidates for election to the ,interim ,council4 ,such general council meeting shall be held not later than #ae days after such announcement4 7#b7 ,election ,not later than #de days after the general council meeting held under paragraph 7#a71 the ,secretary shall hold an election by secret ballot to elect the members of the ,interim ,council from among the members nominated in the general council meeting4 ,absentee and write-in balloting shall be permitted4 7#c7 ,approval of results ,the ,secretary shall approve the results of the ,interim ,council election conducted pursuant to this subsection if the ,secretary is satisfied that the requirements of this section relating to the nomination and the election processes have been met4 ,if the ,secretary is not so satisfied1 the ,secretary shall-- 7,a7 call for another general council meeting to be held not later than #fj days after such election to nominate candidates for election to the ,interim ,council2 and 7,b7 hold another election within #de days of such meeting4 7#d7 ,notice ,the ,secretary shall take any action necessary to ensure that each member described in section #g7;d7 is given notice of the time1 place1 and purpose of each meeting and election held pursuant to this subsection not less than #aj days before the general meeting or election4 7c7 ,authority and capacity2 termination ,the ,interim ,council shall-- 7#a7 have no powers other than those given it under this ,act2 7#b7 with respect to any ,federal service or benefit for which the tribe or any member is eligible1 have full authority and capacity to receive grants and to enter into contracts2 7#c7 except as provided in subsection 7d71 terminate on the date that the tribal governing body first convenes2 and 7#d7 with respect to any contractual right established and any obligation entered into by the ,interim ,council1 have the authority and capacity to bind the tribal governing body1 as the successor in interest to the ,interim ,council1 for a period of not more than #f months beginning on the date such tribal governing body first convenes4 7d7 ,vacancy on interim council ,not later than #cj days after a vacancy occurs on the ,interim ,council and subject to the approval of the ,secretary1 the ,interim ,council shall hold a general council meeting to nominate a candidate for election to fill such vacancy and hold such election4 ,the ,interim ,council shall provide notice of the time1 place1 and purpose of such meeting and election to members described in section #g7;d7 not less than #aj days before each general meeting or election4 #f4 ,tribal constitution and bylaws2 tribal governing body 7a7 ,adoption of proposed constitution and bylaws2 election 7#a7 ,time and procedure ,the ,interim ,council shall-- 7,a7 prepare the tribal constitution and bylaws which shall provide for1 at a minimum1 the establishment of a tribal governing body and tribal membership qualifications2 and 7,b7 adopt such tribal constitution not later than #f months after the date of the enactment of this ,act4 7#b7 ,election ,upon the adoption of the proposed tribal constitution and bylaws by the ,interim ,council1 the ,council shall request that the ,secretary1 in writing1 schedule an election to approve or disapprove the adoption of such constitution and bylaws4 ,the ,secretary shall conduct an election by secret ballot in accordance with section #af of the ,act of ,june #ah1 #aicd4 7b7 ,notice and consultation ,not less than #cj days before any election scheduled pursuant to subsection 7a71 a copy of the proposed tribal constitution and bylaws1 as adopted by the ,interim ,council1 along with a brief and impartial description of the proposed constitution and bylaws shall be sent to each member described in section #g7;d74 ,the members of the ,interim ,council may freely consult with members of the tribe concerning the text and description of the constitution and bylaws1 except that such consultation may not be carried on within #ej feet of the polling places on the date of such election4 7c7 ,majority vote for adoption2 procedure in event of failure ,to adopt proposed constitution 7#a7 ,majority vote for adoption ,in any election held pursuant to subsection 7a71 a vote of a majority of those actually voting shall be necessary and sufficient for the approval of the adoption of the tribal constitution and bylaws4 7#b7 ,procedure in event of failure to adopt proposed constitution ,if in any such election such majority does not approve the adoption of the proposed tribal constitution and bylaws1 the ,interim ,council shall be responsible for preparing another tribal constitution and other bylaws in the same manner provided in this section for the first proposed constitution and bylaws4 ,the new proposed constitution and bylaws shall be adopted by the ,interim ,council not later than #f months after the date of the election in which the first proposed constitution and bylaws failed to be adopted4 ,an election on the question of the adoption of the new proposal of the ,interim ,council shall be conducted in the same manner provided in subsection 7a77#b7 for the election on the first proposed constitution and bylaws4 7d7 ,election of tribal governing body ,not later than #abj days after the tribe approves the adoption of the tribal constitution and bylaws and subject to the approval of the ,secretary1 the ,interim ,council shall conduct an election1 by secret ballot1 to elect the tribal governing body established under such constitution and bylaws4 ,notwithstanding any provision of the tribal constitution and bylaws1 absentee and write-in balloting shall be permitted in an election under this subsection4 #g4 ,membership rolls2 voting rights of member 7a7 ,membership roll established and opened ,the membership roll of the tribe is established and open4 7b7 ,criteria governing eligibility 7#a7 ,membership prior to election ,until the first election of the tribal governing body is held pursuant to section #f7;d71 the membership of the ,clatsop-,nehalem ,confederated ,tribes shall consist as follows3 7,a7 ,any person who can document being a direct descent from a ,clatsop or ,nehalem 7,naalem7 ,tillamook ,indian 7or both7 on the tribal rolls compiled-- 7i7 in #aijf by ,charles ,e4 ,mc,chesney1 ,supervisor of ,indian ,school4 7,b7 ,any person found eligible by the ,portland1 ,oregon1 ,area ,office of the ,bureau of ,indian ,affairs who would satisfy enrollment requirements under-- 7i7 the ,act of ,august #bd1 #aiab1 7#cg ,stat4 #eah-ece72 7ii7 the ,act of ,august #cj1 #aifd1 7#gh ,stat4 #fci72 or 7iii7 part #dc of title #be1 ,code of ,federal ,regulations4 7,c7 ,any person who descends from those ,indians who were signers of the treaties between the ,united ,states and the ,clatsop ,tribe and the ,nehalem ,band of the ,tillamooks at ,tansy ,point1 ,august #e and #f1 #ahea 7,vol4 #a1 p4 #g-ac2 ,records ,concerning ,negotiation of ,treaties1 #ahea-ahee2 ,oregon ,superintendency 7,national ,archives ,microfilm ,publication ,m#b1 roll #bh72 ,records of the ,bureau of ,indian ,affairs1 ,record ,group #ge2 ,national ,archives ,building1 ,washington1 ,,dc74 7,d7 ,any person who can document their direct descent from a ,clatsop or ,nehalem ,tillamook ,indian on any other ,federal1 ,state1 ,indian1 or church record4 7,e7 ,descends from those ,indians who were members of the ,hobsonville ,community4 7,f7 ,all children born to a member of the tribe4 7#b7 ,membership after election ,after the first election of the tribal governing body is held pursuant to section #f7;d71 the provisions of the constitution and bylaws adopted in accordance with section #f7;a7 shall govern membership in the tribe4 7c7 ,dual membership ,any person who is enrolled in any other federally recognized ,indian tribe1 band1 or community or native corporation shall not1 at the same time be enrolled in the tribe4 7d7 ,procedures for verification of eligibility 7#a7 ,before election of ,interim ,council ,before the election of the members of the ,interim ,council is held pursuant to section #e7;b71 verification of descendancy1 for purposes of enrollment and age for purposes of voting rights under subsection 7d7 shall be made upon oath before the ,secretary whose determination thereon shall be final4 7#b7 ,after election of ,interim ,council ,after the election of the members of the ,interim ,council is held pursuant to section #e7;b71 but before the first election of the members of the tribal governing body is held pursuant to section #f7;d71 the verification of descendancy and age shall be made upon oath before the ,interim ,council1 or its authorized representative4 ,an individual may appeal the exclusion of his name from the membership roll of the tribe to the ,secretary1 who shall make a final determination of each such appeal within #ij days after such an appeal has been filed with him4 ,the determination of the ,secretary with respect to such an appeal shall be final4 7#c7 ,after election of tribal governing body ,after the first election of the members of the tribal governing body is held pursuant to section #f7;d71 the provisions of the constitution and bylaws adopted in accordance with section #f7;a7 shall govern the verification of any requirements for membership in the tribe4 ,the ,interim ,council and the ,secretary shall deliver their records and files and any other material relating to the enrollment of tribal members to such tribal governing body4 7#d7 ,publication of membership roll ,not less than #fj days before the election under section #f7;a71 the ,secretary shall publish in the ,federal ,register a certified copy of the membership roll of the tribe as of the date of such publication4 ,such membership roll shall include the names of all individuals who were enrolled by the ,secretary1 either directly under paragraph 7#a7 or pursuant to an appeal under paragraph 7#b71 and by the ,interim ,council under paragraph 7#b74 7e7 ,voting rights of member ,each member who is #ah years of age or older shall be eligible to-- 7#a7 attend1 participate in1 and vote at each general council meeting2 7#b7 nominate candidates for any office2 7#c7 run for any office2 and 7#d7 vote in any election of members to the ,interim ,council and to such other tribal governing body as may be established under the constitution and bylaws adopted in accordance with section #f4 #h4 ,regulations ,the ,secretary may promulgate such regulations as may be necessary to carry out the provisions of this ,act4