Mono Lake Kutzadikaa Tribe Recognition Act

I 118TH CONGRESS 1ST SESSION H. R. 3427 To extend Federal recognition to the Mono Lake Kutzadikaaa Tribe, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 17, 2023 Mr. KILEY introduced the following bill; which was referred to the Committee on Natural Resources A BILL To extend Federal recognition to the Mono Lake Kutzadikaaa Tribe, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Mono Lake Kutzadikaa 4 Tribe Recognition Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) MEMBER.—The term ‘‘member’’ means an 8 individual who is enrolled in the Tribe pursuant to 9 the constitution of the Tribe. 10 VerDate Sep 11 2014 20:39 Jun 02, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3427.IH H3427 lotter on DSK11XQN23PROD with BILLS 2 •HR 3427 IH (2) SECRETARY.—The term ‘‘Secretary’’ means 1 the Secretary of the Interior. 2 (3) TRIBE.—The term ‘‘Tribe’’ means the 3 Mono Lake Kutzadikaa Tribe. 4 SEC. 3. FEDERAL RECOGNITION. 5 (a) IN GENERAL.—Federal recognition is extended to 6 the Tribe. 7 (b) EFFECT OF FEDERAL LAWS.—Except as other- 8 wise provided in this Act, all Federal laws (including regu- 9 lations) of general application to Indians and Indian 10 tribes, including the Act of June 18, 1934 (25 U.S.C. 11 5101 et seq.; commonly known as the Indian Reorganiza- 12 tion Act), shall apply to the Tribe and members. 13 SEC. 4. FEDERAL SERVICES AND BENEFITS. 14 (a) IN GENERAL.—The Tribe and each member of 15 the Tribe shall be eligible for all services and benefits pro- 16 vided by the United States to Indians and federally recog- 17 nized Indian Tribes, without regard to— 18 (1) the existence of a reservation for the Tribe; 19 or 20 (2) the location of the residence of any member 21 on or near an Indian reservation. 22 (b) SERVICE AREA.—For purposes of the delivery of 23 services and benefits to members, the service area of the 24 VerDate Sep 11 2014 22:50 Jun 01, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3427.IH H3427 lotter on DSK11XQN23PROD with BILLS 3 •HR 3427 IH Tribe shall be considered to be the counties of Mono and 1 Inyo, in the State of California. 2 SEC. 5. REAFFIRMATION OF RIGHTS. 3 (a) IN GENERAL.—Nothing in this Act diminishes 4 any right or privilege of the Tribe or any member that 5 existed before the date of the enactment of this Act. 6 (b) CLAIMS OF TRIBE.—Except as otherwise pro- 7 vided in this Act, nothing in this Act alters or affects any 8 legal or equitable claim of the Tribe to enforce any right 9 or privilege reserved by, or granted to, the Tribe that was 10 wrongfully denied to, or taken from, the Tribe before the 11 date of the enactment of this Act. 12 (c) HUNTING AND FISHING RIGHTS.—The Tribe 13 shall be granted hunting and fishing rights on all Federal 14 lands within its aboriginal land area. Each Federal agency 15 who administers lands within the Tribe’s aboriginal land 16 area shall work with the Tribe so as to accommodate the 17 exercise of its hunting and fishing rights within the agen- 18 cies existing land use plans, Federal law and governing 19 regulations. 20 SEC. 6. MEMBERSHIP ROLL. 21 (a) IN GENERAL.—As a condition of receiving rec- 22 ognition, services, and benefits pursuant to this Act, the 23 Tribe shall submit to the Secretary, by not later than 18 24 months after the date of the enactment of this Act, a 25 VerDate Sep 11 2014 22:50 Jun 01, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3427.IH H3427 lotter on DSK11XQN23PROD with BILLS 4 •HR 3427 IH membership roll consisting of the name of each individual 1 enrolled as a member of the Tribe. 2 (b) DETERMINATION OF MEMBERSHIP.—The quali- 3 fications for inclusion on the membership roll of the Tribe 4 shall be determined in accordance with section (a) of Arti- 5 cle III of the constitution of the Tribe, dated June 23, 6 2003. 7 (c) MAINTENANCE OF ROLL.—The Tribe shall main- 8 tain the membership roll. 9 SEC. 7. TRUST LAND. 10 (a) IDENTIFICATION OF LAND.—The Secretary shall 11 identify land administered by the Bureau of Land Man- 12 agement that is located in that portion of Mono County 13 that is within the Tribe’s ancestral homelands, sufficient 14 to support the location of Tribal Government administra- 15 tion and services, economic development, and housing. 16 (b) LAND INTO TRUST.—After the Secretary identi- 17 fies said land to meet the purposes so described, the Tribe 18 shall request and the Secretary shall accept such lands 19 into trust for the benefit of the Tribe. Nothing in this sec- 20 tion shall prevent the Secretary or the Tribe from acquir- 21 ing land, and the Secretary taking land into trust for the 22 benefit of the Tribe, pursuant to section 5 of the Act of 23 June 18, 1934 (25 U.S.C. 5108; commonly known as the 24 Indian Reorganization Act). For purposes of acquisitions 25 VerDate Sep 11 2014 22:50 Jun 01, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3427.IH H3427 lotter on DSK11XQN23PROD with BILLS 5 •HR 3427 IH under such Act, the Tribe shall be deemed to have been 1 under Federal jurisdiction in 1934. 2 Æ VerDate Sep 11 2014 22:50 Jun 01, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H3427.IH H3427 lotter on DSK11XQN23PROD with BILLS