110th CONGRESS
1st Session
S. 514
To extend Federal recognition to the Muscogee Nation of Florida.
IN THE SENATE OF THE UNITED STATES
February 7, 2007
Mr. NELSON of Florida (for himself and Mr. MARTINEZ) introduced the following
bill; which was read twice and referred to the Committee on Indian Affairs
A BILL
To extend Federal recognition to the Muscogee Nation of Florida.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Muscogee Nation of Florida Federal Recognition
Act'.
SEC. 2. FINDINGS.
(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;
(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;
(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;
(B) the relocation described in subparagraph (A) did not prevent the Nation
from--
(i) continuing to exercise the governing powers of the Nation;
(ii) providing services to members of the Nation; or
(iii) enjoying the communal lifestyle of the Nation; and
(C) some members of the Nation remain on original home sites of their
Creek ancestors;
(4) members of the Nation--
(A) participated in the 1814 Treaty of Ft. Jackson and the Apalachicola
Treaty of October 11, 1832; and
(B) were included in the Abbott-Parsons Creek Census, dated 1832 and
1833;
(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;
(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;
(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; and
(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;
(8) in 1986, the Senate and House of Representatives of the State of Florida
passed resolutions recognizing the Muscogee Nation of Florida as an Indian
tribe;
(9) the community of Bruce in Walton County, Florida, has been a governing
center for the Nation for more than 150 years;
(10) in the community of Bruce, the Nation--
(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;
(B) between 1895 and 1947, maintained a school that was attended by
members of the Nation;
(C) in 1912, established a church that is recognized by the Methodist
Conference as a Native American church; and
(D) maintained a ceremonial area on Bruce Creek that was attended until
the late 1920s;
(11) the ceremonial area of the Nation, as in existence on the date of
enactment of this Act--
(A) is located in the community of Blountstown, Florida, 1 of the reservations
referred to in the Apalachicola Treaty of October 11, 1832; and
(B) is the site of continuing ceremonies, such as Green Corn, and traditional
events;
(12) local governments have recognized the community of Bruce as the center
of tribal government of the Nation; and
(13) 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.
SEC. 3. DEFINITIONS.
(1) MEMBER- The term `member' means--
(A) an individual who is an enrolled member of the Nation as of the
date of enactment of this Act; and
(B) an individual who has been placed on the membership rolls of the
Nation in accordance with this Act.
(2) NATION- The term `Nation' means the Muscogee Nation of Florida (formerly
known as the `Florida Tribe of Eastern Creek Indians').
(3) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(4) TRIBAL COUNCIL- The term `Tribal Council' means the governing body
of the Nation.
SEC. 4. FEDERAL RECOGNITION.
(1) IN GENERAL- Federal recognition is extended to the Nation.
(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.
(b) Federal Services and Benefits-
(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--
(A) the existence of a reservation for the Nation; or
(B) the location of the residence of any member on or near any Indian
reservation.
(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--
(A) the community of Bruce in Walton County, Florida; and
(B) an area in the State of Florida in which members reside that is
bordered--
(i) on the west by the Escambia River; and
(ii) on the east by the St. Marks River.
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.
(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).
SEC. 6. TRIBAL COUNCIL.
(1) shall represent the Nation and members; and
(A) enter into any contract, grant agreement, or other agreement with
any Federal department or agency;
(B) carry out or administer such programs as the Tribal Council determines
to be appropriate to carry out the contracts and agreements; and
(C) designate a successor in interest pursuant to a new constitution
or bylaw of the Nation adopted under section 5(b).
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.
END
