S. 3443 — Introduced in Senate

II 117th CONGRESS 2d Session S. 3443 IN THE SENATE OF THE UNITED STATES January 5, 2022Mr. 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. 1. Short title This Act may be cited as the MOWA Band of Choctaw Indians Recognition Act. 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. 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. 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. 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).