HR 323 IHCommentsClose CommentsPermalink

113th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 323CommentsClose CommentsPermalink

To extend Federal recognition to the Muscogee Nation of Florida.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

January 18, 2013CommentsClose CommentsPermalink

Mr. MILLER of Florida introduced the following bill; which was referred to the Committee on Natural ResourcesCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To extend Federal recognition to the Muscogee Nation of Florida.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Muscogee Nation of Florida Federal Recognition Act’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds that--CommentsClose CommentsPermalink





(1) the Muscogee Nation of Florida is comprised of lineal descendants of persons who were historically part of the Creek Confederacy, which relocated from Daleville, Alabama, and other areas of southern Alabama to the State of Florida between 1812 and 1887;CommentsClose CommentsPermalink





(2) those Creek persons settled in the north Florida panhandle in autonomous communities (referred to in the constitution of the Muscogee Nation as ‘Townships’), continuing the lifestyle and traditions practiced by the historic Creek Nation of Alabama and Georgia;CommentsClose CommentsPermalink





(3)(A) on dissolution of the Creek Confederacy, the ancestors of current members of the Muscogee Nation of Florida relocated and reestablished home sites, traditions, ceremonial centers, tribal government (including through the traditional appointment of tribal leaders), and tribal economy in rural areas of the State of Florida;CommentsClose CommentsPermalink





(B) the relocation described in subparagraph (A) did not prevent the Nation from--CommentsClose CommentsPermalink





(i) continuing to exercise the governing powers of the Nation;CommentsClose CommentsPermalink





(ii) providing services to members of the Nation; orCommentsClose CommentsPermalink





(iii) enjoying the communal lifestyle of the Nation; andCommentsClose CommentsPermalink





(C) some members of the Nation remain on original home sites of their Creek ancestors;CommentsClose CommentsPermalink





(4) members of the Nation--CommentsClose CommentsPermalink





(A) participated in the 1814 Treaty of Ft. Jackson and the Apalachicola Treaty of October 11, 1832; andCommentsClose CommentsPermalink





(B) were included in the Abbott-Parsons Creek Census, dated 1832 and 1833;CommentsClose CommentsPermalink





(5) members of the Nation have established an ancestral claim to land taken from the Nation by General Andrew Jackson in the aftermath of the War of 1812 pursuant to the 1814 Treaty of Ft. Jackson;CommentsClose CommentsPermalink





(6) beginning in 1971, the Secretary of the Interior distributed to members of the Nation in 3 actions per capita payments for land claim settlements;CommentsClose CommentsPermalink





(7)(A) in 1974, the State of Florida established the Northwest Florida Creek Indian Council to manage issues relating to Creek Indians in northwest Florida; andCommentsClose CommentsPermalink





(B) in 1978, the Council held an election for representatives to the tribal government known as the ‘Florida Tribe of Eastern Creek Indians’, which is now the Muscogee Nation of Florida;CommentsClose CommentsPermalink





(8) the community of Bruce in Walton County, Florida, has been a governing center for the Nation for more than 150 years;CommentsClose CommentsPermalink





(9) in the community of Bruce, the Nation--CommentsClose CommentsPermalink





(A) beginning in the early 1860s, used and maintained the Antioch Cemetery, which remains in use by members of the Nation as of the date of enactment of this Act;CommentsClose CommentsPermalink





(B) between 1895 and 1947, maintained a school that was attended by members of the Nation;CommentsClose CommentsPermalink





(C) in 1912, established a church that is recognized by the Methodist Conference as a Native American church; andCommentsClose CommentsPermalink





(D) maintained a ceremonial area on Bruce Creek that was attended until the late 1920s;CommentsClose CommentsPermalink





(10) the ceremonial area of the Nation, as in existence on the date of enactment of this Act--CommentsClose CommentsPermalink





(A) is located in the community of Blountstown, Florida, one of the reservations referred to in the Apalachicola Treaty of October 11, 1832; andCommentsClose CommentsPermalink





(B) is the site of continuing ceremonies, such as Green Corn, and traditional events;CommentsClose CommentsPermalink





(11) local governments have recognized the community of Bruce as the center of tribal government of the Nation; andCommentsClose CommentsPermalink





(12) during the 30-year period preceding the date of enactment of this Act, the Nation has received Federal, State, and local grants, and entered into contracts, to provide services and benefits to members of the Nation.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) MEMBER- The term ‘member’ means--CommentsClose CommentsPermalink





(A) an individual who is an enrolled member of the Nation as of the date of enactment of this Act; andCommentsClose CommentsPermalink





(B) an individual who has been placed on the membership rolls of the Nation in accordance with this Act.CommentsClose CommentsPermalink





(2) NATION- The term ‘Nation’ means the Muscogee Nation of Florida (formerly known as the ‘Florida Tribe of Eastern Creek Indians’).CommentsClose CommentsPermalink





(3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(4) TRIBAL COUNCIL- The term ‘Tribal Council’ means the governing body of the Nation.CommentsClose CommentsPermalink

SEC. 4. FEDERAL RECOGNITION.

(a) Recognition-CommentsClose CommentsPermalink





(1) IN GENERAL- Federal recognition is extended to the Nation.CommentsClose CommentsPermalink





(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 Nation and members.CommentsClose CommentsPermalink





(b) Federal Services and Benefits-CommentsClose CommentsPermalink





(1) IN GENERAL- On and after the date of enactment of this Act, the Nation and members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes without regard to--CommentsClose CommentsPermalink





(A) the existence of a reservation for the Nation; orCommentsClose CommentsPermalink





(B) the location of the residence of any member on or near any Indian reservation.CommentsClose CommentsPermalink





(2) SERVICE AREA- For the purpose of the delivery of Federal services to members, the service area of the Nation shall be considered to be--CommentsClose CommentsPermalink





(A) the community of Bruce in Walton County, Florida; andCommentsClose CommentsPermalink





(B) an area in the State of Florida in which members reside that is bordered--CommentsClose CommentsPermalink





(i) on the west by the Escambia River; andCommentsClose CommentsPermalink





(ii) on the east by the St. Marks River.CommentsClose CommentsPermalink

SEC. 5. CONSTITUTION AND BYLAWS.

(a) In General- The constitution and bylaws of the Nation shall be the constitution and bylaws of the Tribal Council dated January 21, 2001 (including amendments), as submitted to the Secretary for approval on recognition.CommentsClose CommentsPermalink





(b) New Constitution and Bylaws- On receipt of a written request of the Tribal Council, the Secretary shall hold a referendum for members for the purpose of adopting a new constitution and bylaws, in accordance with section 16 of the Act of June 18, 1934 (25 U.S.C. 476).CommentsClose CommentsPermalink

SEC. 6. TRIBAL COUNCIL.

The Tribal Council--CommentsClose CommentsPermalink





(1) shall represent the Nation and members; andCommentsClose CommentsPermalink





(2) may--CommentsClose CommentsPermalink





(A) enter into any contract, grant agreement, or other agreement with any Federal department or agency;CommentsClose CommentsPermalink





(B) carry out or administer such programs as the Tribal Council determines to be appropriate to carry out the contracts and agreements; andCommentsClose CommentsPermalink





(C) designate a successor in interest pursuant to a new constitution or bylaw of the Nation adopted under section 5(b).CommentsClose CommentsPermalink

SEC. 7. MEMBERSHIP ROLL.

The membership roll of the Nation shall be determined in accordance with the membership criteria established by the ordinance of the Nation numbered 04-01-100 and dated February 7, 2004.CommentsClose CommentsPermalink

SEC. 8. LAND IN TRUST.

The Secretary is authorized to take land in trust on behalf of the Muscogee Nation of Florida pursuant to part 151 of title 25, Code of Federal Regulations.CommentsClose CommentsPermalink