H.R. 5083 — Introduced in House

I 118th CONGRESS 1st Session H. R. 5083 IN THE HOUSE OF REPRESENTATIVES July 28, 2023Ms. Mace introduced the following bill; which was referred to the Committee on Natural Resources A BILL To extend Federal recognition to the Wassamasaw Tribe of Varnertown Indians of South Carolina, and for other purposes. 1. Definitions In this Act: (1) Secretary The term Secretary means the Secretary of the Interior. (2) Tribal member The term Tribal member means— (A) an individual who is an enrolled member of the Tribe as of the date of the enactment of this Act; and (B) an individual who is placed on the membership rolls of the Tribe in accordance with this Act. (3) Tribe The term Tribe means the Wassamasaw Tribe of Varnertown Indians of South Carolina. 2. 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 nations, Indian Tribes, or bands of Indians (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)) that are not inconsistent with this Act shall be applicable to the Tribe and Tribal members. (b) Federal services and benefits (1) In general The Tribe and Tribal members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian Tribes without regard to the existence of a reservation for the Tribe. (2) Service area The service area for the purpose of the delivery of Federal services to Tribal members shall be determined in coordination and consultation with the Secretary not later than 120 days after the date of the enactment of this Act. 3. Membership; governing documents The membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents, respectively, submitted by the Tribe to the Secretary before the date of the enactment of this Act. 4. Governing body The governing body of the Tribe shall be— (1) the governing body of the Tribe in place as of the date of enactment of this Act; or (2) any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe. 5. Reservation of the tribe (a) In general Upon the request of the Tribe, the Secretary— (1) shall take into trust for the benefit of the Tribe any lands held in fee by the Tribe that were acquired by the Tribe on or before January 1, 2023, if such lands are located within the boundaries Orangeburg, Beaufort, Berkeley, Charleston, Colleton, and Dorchester counties in South Carolina; and (2) may take into trust for the benefit of the Tribe any lands held in fee by the Tribe, if such lands are located within the boundaries of Orangeburg, Beaufort, Berkeley, Charleston, Colleton, and Dorchester counties in South Carolina. (b) Deadline for determination Not later than 3 years of the date on which the Tribe submits a request for land to be taken into trust under subsection (a)(2), the Secretary shall— (1) make a final written determination; and (2) immediately make that determination available to the Tribe. (c) Reservation status Any land taken into trust for the benefit of the Tribe pursuant to this section shall, upon the request of the Tribe, be considered part of the reservation of the Tribe. (d) Gaming The Tribe may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under any regulations thereunder promulgated by the Secretary or the National Indian Gaming Commission. 6. Hunting, fishing, trapping, gathering, and water rights Nothing in this Act expands, reduces, or affects in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and Tribal members.