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119th CongressH. R. 10435

Introduced in House

Lipan Apache Tribe of Texas Recognition Act

SEC. 1. SHORT TITLETrack this section →

This Act may be cited as the Lipan Apache Tribe of Texas Recognition Act.

SEC. 2. FINDINGSTrack this section →

Congress finds the following: (1) The Lipan Apache Tribe of Texas is the political successor to historic Lipan Apache bands that maintained an independent Tribal identity and political organization within present-day Texas for centuries before and after Spanish, Mexican, Republic of Texas, and United States sovereignty. (2) The ancestors of the Tribe entered into documented agreements and government-to-government relations with Spanish, Mexican, Republic of Texas, and United States authorities, demonstrating recognition of the Lipan Apache as a distinct Tribal entity. (3) Members of the Tribe served as United States Army Indian Scouts at frontier posts in Texas, establishing direct Federal interaction and enrollment under the authority of the United States. (4) The Lipan Apache people continued to exist as a distinct community in Texas despite 19th-century displacement efforts and have preserved political, cultural, and kinship continuity into the present day. (5) The Tribe maintains an organized government, enrollment criteria, and recognized leadership representing a continuous Tribal community. (6) Federal judicial proceedings involving members of the Lipan Apache Tribe of Texas acknowledged the sincerely held traditional Native American religious beliefs and practices of Tribal members in the exercise of their religious freedom under Federal law and resulted in a settlement with the Department of the Interior providing lifetime Federal permits for the possession and religious use of protected eagle feathers by certain Tribal members. (7) The State of Texas has honored the Lipan Apache Tribe of Texas through legislative resolutions acknowledging the Tribe’s history and valuable contributions to the State. (8) The Tribe has continuously existed as a distinct political and cultural community to the present day. (9) The lack of Federal recognition has denied the Tribe and its members access to services and benefits provided to other federally recognized Indian Tribes.

SEC. 3. DEFINITIONSTrack this section →

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 Lipan Apache Tribe of Texas.

SEC. 4. FEDERAL RECOGNITIONTrack this section →

(a) In general Federal recognition is extended to the Tribe. (b) Applicability of Federal laws Except as otherwise provided in this Act, all Federal laws (including regulations) of general application to Indians and Indian Tribes, including the Act of June 18, 1934 (25 U.S.C. 5101 et seq., commonly known as the Indian Reorganization Act), shall apply to the Tribe and its members.

SEC. 5. FEDERAL SERVICES AND BENEFITSTrack this section →

(a) In general The Tribe and its members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian Tribes, including services and benefits under the Act of June 18, 1934 (25 U.S.C. 5101 et seq.), without regard to the existence of a reservation for the Tribe when— (1) the Secretary and the Secretary of Health and Human Services has each developed a determination of needs under subsection (c); and (2) the Secretary has completed the verification of the membership roll under subsection (d). (b) Service area Not later than 120 days after the date of the enactment of this Act, the Service area for the purpose of delivery of Federal services to Tribal members shall be determined in coordination and consultation with the Secretary. (c) Determination of needs On verification by the Secretary of a membership roll under subsection (d), the Secretary and the Secretary of Health and Human Services shall each— (1) develop, in consultation with the Tribe, a determination of needs to provide the services for which members of the Tribe are eligible; and (2) in the first fiscal year following the date on which the membership roll is verified under subsection (d), submit to Congress a written statement of those needs which shall be included in the materials submitted pursuant to section 1105 of title 31, United States Code, for that fiscal year. (d) Tribal membership roll (1) In general As a condition of receiving Federal services and benefits described in subsection (a), the Tribe shall submit to the Secretary the membership roll in effect on the date of enactment of this Act, which shall be verified by the Secretary in accordance with paragraph (2). (2) Verification and timeline The verification by the Secretary under paragraph (1) shall— (A) be limited to confirming documentary proof of compliance with the membership criteria set out in the governing documents submitted under section 6; and (B) be completed not later than 2 years after the submission of a digitized membership roll with supporting documentary proof by the Tribe to the Secretary.

SEC. 6. MEMBERSHIP ROLL AND GOVERNING DOCUMENTSTrack this section →

(a) In general 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 upon enactment of this Act. (b) Determination of membership The qualifications for inclusion on the membership roll of the Tribe shall be determined in accordance with the governing documents submitted under subsection (a). (c) Maintenance of roll The Tribe shall maintain the membership roll.

SEC. 7. GOVERNING BODYTrack this section →

The governing body of the Tribe shall be— (1) the governing body in place as of the date of enactment of this Act; or (2) any subsequent governing body elected in accordance with the election procedure specified in the governing documents of the Tribe.

•HR 10435 IHText from GovInfo