-CITE-
    25 USC CHAPTER 14 - MISCELLANEOUS                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS

-HEAD-
                        CHAPTER 14 - MISCELLANEOUS                    

-MISC1-
                     SUBCHAPTER I - GENERAL PROVISIONS                 
    Sec.                                                     
    441.        Repealed.                                         
    442.        Livestock loans; cash settlements.                
    443.        Disposition of cash settlements.                  
    443a.       Conveyance to Indian tribes of federally owned
                     buildings, improvements, or facilities;
                     disposition of property by Indians; forfeiture;
                     "Indian" defined.                                
    443b.       Indian goods and supplies.                        
    444 to 449. Repealed.                                         

    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    450.        Congressional statement of findings.              
    450a.       Congressional declaration of policy.              
    450a-1.     Tribal and Federal advisory committees.           
    450b.       Definitions.                                      
    450c.       Reporting and audit requirements for recipients of
                     Federal financial assistance.                    
    450d.       Criminal activities involving grants, contracts,
                     etc.; penalties.                                 
    450e.       Wage and labor standards.                         
    450e-1.     Grant and cooperative agreements.                 
    450e-2.     Use of excess funds.                              
    450e-3.     Investment of advance payments; restrictions.     

                    PART A - INDIAN SELF-DETERMINATION                
    450f.       Self-determination contracts.                     
    450g.       Repealed or Transferred.                          
    450h.       Grants to tribal organizations or tribes.         
    450i.       Retention of Federal employee coverage, rights and
                     benefits by employees of tribal organizations.   
    450j.       Contract or grant provisions and administration.  
    450j-1.     Contract funding and indirect costs.              
    450j-2.     Indian Health Service: availability of funds for
                     Indian self-determination or self-governance
                     contract or grant support costs.                 
    450j-3.     Department of the Interior: availability of funds
                     for Indian self-determination or self-governance
                     contract or grant support costs.                 
    450k.       Rules and regulations.                            
    450l.       Contract or grant specifications.                 
    450m.       Rescission of contract or grant and assumption of
                     control of program, etc.; authority; grounds;
                     procedure; correction of violation as
                     prerequisite to new contract or grant agreement;
                     construction with occupational safety and health
                     requirements.                                    
    450m-1.     Contract disputes and claims.                     
    450n.       Sovereign immunity and trusteeship rights
                     unaffected.                                      

                      PART B - CONTRACTS WITH STATES                  
    451.        Donations for Indians; use of gifts; annual report
                     to Congress.                                     
    452.        Contracts for education, medical attention, relief
                     and social welfare of Indians.                   
    453.        Use of Government property by States and
                     Territories.                                     
    454.        Rules and regulations; minimum standards of
                     service.                                         
    455.        Contracts for education in public schools;
                     submission of education plan by contractor as
                     prerequisite; criteria for approval of plan by
                     Secretary of the Interior; participation by
                     non-Indian students.                             
    456.        Local committee of Indian parents in school
                     districts having school boards composed of
                     non-Indian majority.                             
    457.        Reimbursement to school districts for educating
                     non-resident students.                           

                   PART C - INDIAN EDUCATION ASSISTANCE               
    458.        School construction, acquisition, or renovation
                     contracts.                                       
    458a.       General education contract and grant provisions
                     and requirements; school district quality and
                     standards of excellence.                         
    458b.       Availability of funds to agencies, institutions,
                     and organizations.                               
    458c.       Rules and regulations.                            
    458d.       Eligibility for funds of tribe or tribal
                     organization controlling or managing private
                     schools.                                         
    458e.       Supplemental assistance to funds provided to local
                     educational agencies.                            

       PART D - TRIBAL SELF-GOVERNANCE - DEPARTMENT OF THE INTERIOR   
    458aa.      Establishment.                                    
    458bb.      Selection of participating Indian tribes.         
    458cc.      Funding agreements.                               
    458dd.      Budget request.                                   
    458ee.      Reports.                                          
    458ff.      Disclaimers.                                      
    458gg.      Regulations.                                      
    458hh.      Authorization of appropriations.                  

          PART E - TRIBAL SELF-GOVERNANCE - INDIAN HEALTH SERVICE      
    458aaa.     Definitions.                                      
    458aaa-1.   Establishment.                                    
    458aaa-2.   Selection of participating Indian tribes.         
    458aaa-3.   Compacts.                                         
    458aaa-4.   Funding agreements.                               
    458aaa-5.   General provisions.                               
    458aaa-6.   Provisions relating to the Secretary.             
    458aaa-7.   Transfer of funds.                                
    458aaa-8.   Construction projects.                            
    458aaa-9.   Federal procurement laws and regulations.         
    458aaa-10.  Civil actions.                                    
    458aaa-11.  Facilitation.                                     
    458aaa-12.  Budget request.                                   
    458aaa-13.  Reports.                                          
    458aaa-14.  Disclaimers.                                      
    458aaa-15.  Application of other sections of this subchapter. 
    458aaa-16.  Regulations.                                      
    458aaa-17.  Appeals.                                          
    458aaa-18.  Authorization of appropriations.                  

    PART F - NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN EDUCATION
    458bbb.     National Fund for Excellence in American Indian
                     Education.                                       
    458bbb-1.   Administrative services and support.              
    458bbb-2.   Definitions.                                      

                        [SUBCHAPTER III - RESERVED]                    

              SUBCHAPTER IV - CONVEYANCE OF SUBMARGINAL LAND          
    459.        Submarginal lands of United States held in trust
                     for specified Indian tribes.                     
    459a.       Designation of tribes.                            
    459b.       Submarginal lands of United States held in trust
                     for Stockbridge Munsee Indian Community.         
    459c.       Existing rights of possession, contract, interest,
                     etc.                                             
    459d.       Gross receipts from conveyed lands.               
    459e.       Tax exemption for conveyed lands and gross
                     receipts; distribution of gross receipts to
                     tribal members.                                  

    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES
    461.        Allotment of land on Indian reservations.         
    462.        Existing periods of trust and restrictions on
                     alienation extended.                             
    462a.       Omitted.                                          
    463.        Restoration of lands to tribal ownership.         
    463a.       Extension of boundaries of Papago Indian
                     Reservation.                                     
    463b.       Purchase of private lands; limitations.           
    463c.       Gift of lands by Arizona.                         
    463d.       Restoration of lands in Umatilla Indian
                     Reservation to tribal ownership.                 
    463e.       Exchanges of land.                                
    463f.       Title to lands.                                   
    463g.       Use of funds appropriated under section 465.      
    464.        Transfer and exchange of restricted Indian lands
                     and shares of Indian tribes and corporations.    
    465.        Acquisition of lands, water rights or surface
                     rights; appropriation; title to lands; tax
                     exemption.                                       
    465a.       Receipt and purchase in trust by United States of
                     land for Klamath Tribe Indians.                  
    465b.       "Klamath Tribe of Indians" defined.               
    466.        Indian forestry units; rules and regulations.     
    467.        New Indian reservations.                          
    468.        Allotments or holdings outside of reservations.   
    469.        Indian corporations; appropriation for organizing.
    470.        Revolving fund; appropriation for loans.          
    470a.       Interest charges covered into revolving fund.     
    471.        Vocational and trade schools; appropriation for
                     tuition.                                         
    472.        Standards for Indians appointed to Indian Office. 
    472a.       Indian preference laws applicable to Bureau of
                     Indian Affairs and Indian Health Service
                     positions.                                       
    473.        Application generally.                            
    473a.       Application to Alaska.                            
    474.        Continuation of allowances.                       
    475.        Claims or suits of Indian tribes against United
                     States; rights unimpaired.                       
    475a.       Offsets of gratuities.                            
    476.        Organization of Indian tribes; constitution and
                     bylaws and amendment thereof; special election.  
    477.        Incorporation of Indian tribes; charter;
                     ratification by election.                        
    478.        Acceptance optional.                              
    478-1.      Mandatory application of sections 462 and 477.    
    478a.       Procedure.                                        
    478b.       Application of laws and treaties.                 
    479.        Definitions.                                      
    479a.       Definitions.                                      
    479a-1.     Publication of list of recognized tribes.         
    480.        Indians eligible for loans.                       
    481.        Omitted.                                          
    482.        Revolving fund; loans; regulations.               
    483.        Sale of land by individual Indian owners.         
    483a.       Mortgages and deeds of trust by individual Indian
                     owners; removal from trust or restricted status;
                     application to Secretary.                        
    484.        Conversion of exchange assignments of tribal lands
                     on certain Sioux reservations into trust titles;
                     trust and tax exemption.                         
    485.        Payment to assignment holders of moneys collected
                     for use of subsurface rights.                    
    486.        Regulations.                                      
    487.        Spokane Indian Reservation; consolidations of
                     land.                                            
    488.        Agricultural loans to acquire land within
                     reservations.                                    
    489.        Title in trust to United States.                  
    490.        Tribal rights and privileges in connection with
                     loans.                                           
    491.        Mortgaged property governed by State law.         
    492.        Interest rates and taxes.                         
    493.        Reduction of unpaid principal.                    
    494.        Authorization of appropriations.                  
    494a.       Certification of rental proceeds.                 

                     SUBCHAPTER VI - INDIANS OF ALASKA                 
    495.        Annette Islands reserved for Metlakahtla Indians. 
    496, 497.   Repealed.                                         

                    SUBCHAPTER VII - REINDEER INDUSTRY                
    500.        Purpose.                                          
    500a.       Acquisition of reindeer and other property.       
    500b.       Filing claim of title to reindeer by nonnatives.  
    500c.       Acceptance of gifts.                              
    500d.       Acceptance and expenditure of Federal funds.      
    500e.       Revolving fund; moneys not to be covered into
                     Treasury.                                        
    500f.       Management of industry by Secretary; aim of
                     management.                                      
    500g.       Distribution of reindeer, property, and profits to
                     natives.                                         
    500h.       Grant of administrative powers to organizations of
                     natives.                                         
    500i.       Alienation of reindeer or interests; penalty.     
    500j.       "Reindeer" defined.                               
    500k.       Rules and regulations.                            
    500l.       Appointment of natives to administer industry.    
    500m.       Use of public lands; violation.                   
    500n.       "Natives of Alaska" defined.                      

        SUBCHAPTER VIII - INDIANS IN OKLAHOMA: PROMOTION OF WELFARE    
    501.        Acquisition of agricultural and grazing lands for
                     Indians; title to lands; tax exemption.          
    502.        Purchase of restricted Indian lands; preference to
                     Secretary of the Interior; waiver of preference. 
    503.        Organization of tribes or bands; constitution;
                     charter; right to participate in revolving credit
                     fund.                                            
    504.        Cooperative associations; charter; purposes;
                     voting rights.                                   
    505.        Amendment or revocation of charters; suits by and
                     against associations.                            
    506.        Loans to individuals and groups; appropriation.   
    507.        Availability and allocation of funds; royalties
                     from mineral deposits.                           
    508.        Application of provisions to Osage County.        
    509.        Rules and regulations; repeals.                   
    510.        Payment of gross production taxes; method.        

            SUBCHAPTER IX - KLAMATH TRIBE: CAPITAL RESERVE FUND        
    530.        Capital reserve fund; interest for administrative
                     expenses.                                        
    531 to 535. Repealed.                                         

     SUBCHAPTER X - KLAMATH TRIBE: DISPOSITION OF CERTAIN TRIBAL FUNDS 
    541.        Creation of individual credits; authorized
                     purchases.                                       
    542.        Limitations on remainder of fund.                 
    543.        Liability of judgment funds for debts.            
    544.        Creation of individual credits; authorized
                     purchases.                                       
    545.        Liability of judgment funds for debts.            

      SUBCHAPTER XI - KLAMATH TRIBE: PAYMENTS IN LIEU OF ALLOTMENTS;
                    INHERITANCE OF RESTRICTED PROPERTY
    551.        "Klamath Tribe" defined.                          
    552.        Payments in lieu of allotments.                   
    553.        Deposit and expenditure of payments.              
    554.        Disposition of payment on death of Indian.        
    555.        Repealed.                                         
    556.        Reversion of interest in property on death without
                     heirs or devisees.                               

             SUBCHAPTER XII - KLAMATH TRIBE: FEES AND CHARGES         
    561, 562.   Omitted.                                          
    563.        Salaries and expenses for Klamath Tribe Officials.

    SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION
    564.        Purpose.                                          
    564a.       Definitions.                                      
    564b.       Membership roll; closure; preparation and initial
                     publication; appeal from inclusion or omission
                     from roll; finality of determination; final
                     publication.                                     
    564c.       Personal property rights; restrictions; tax
                     exemption.                                       
    564d.       Management specialists.                           
    564e.       Sale of tribal property.                          
    564f.       Per capita payments to tribal members.            
    564g.       Individual property.                              
    564h.       Property of deceased members.                     
    564i.       Transfer of federally owned property.             
    564j.       Taxes; initial exemption; taxes following
                     distribution; valuation for capital gains or
                     losses.                                          
    564k.       Loan transfers; collection by tribe.              
    564l.       Klamath irrigation works.                         
    564m.       Water and fishing rights.                         
    564n.       Protection of minors, persons non compos mentis,
                     and other members needing assistance; guardians;
                     other adequate means; trusts; annuities;
                     assistance factors; contests.                    
    564o.       Advances or expenditures from tribal funds.       
    564p.       Execution by Secretary of patents, deeds, etc.    
    564q.       Termination of Federal trust.                     
    564r.       Termination of Federal powers over tribe.         
    564s.       Set off of individual indebtedness; credit.       
    564t.       Indian claims unaffected.                         
    564u.       Valid leases, permits, liens, etc., unaffected.   
    564v.       Rules and regulations; tribal referenda.          
    564w.       Education and training program; purposes;
                     subjects; transportation; subsistence; contracts;
                     other education programs.                        
    564w-1.     Klamath Indian Forest and Klamath Marsh.          
    564w-2.     Federal acquisition of tribal land.               
    564x.       Timber sales.                                     

       SUBCHAPTER XIV - KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND   
    565.        Authorization to distribute funds.                
    565a.       Distribution to persons on final roll; payment of
                     shares due living adults, deceased enrollees,
                     adults under legal disabilities, persons in need
                     of assistance, and minors.                       
    565b.       Time of payment; claims for shares of deceased
                     enrollees.                                       
    565c.       Disposition of funds remaining after distribution.
    565d.       Disposition of funds insufficient to justify
                     further distribution.                            
    565e.       Costs.                                            
    565f.       Taxes.                                            
    565g.       Rules and regulations.                            

         SUBCHAPTER XIV-A - KLAMATH TRIBE: RESTORATION OF FEDERAL
                                SUPERVISION
    566.        Restoration of Federal recognition, rights, and
                     privileges.                                      
    566a.       Tribe Constitution and Bylaws.                    
    566b.       Conservation and development of lands.            
    566c.       Hunting, fishing, trapping, and water rights.     
    566d.       Transfer of land to be held in trust.             
    566e.       Criminal and civil jurisdiction.                  
    566f.       Economic development.                             
    566g.       Definitions.                                      
    566h.       Regulations.                                      

       SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND   
    571.        Membership roll; preparation.                     
    572.        Payments to individuals; expenditure of payments. 
    573.        Uses of judgment fund.                            
    574.        Consolidation of lands.                           
    574a.       Acquisition of lands on Wind River Reservation.   
    575.        Restoration of lands.                             
    576.        Purchase of lands; reimbursement of expenditures. 
    577.        Liability of judgment funds for debts.            
    581.        Disposition of funds.                             
    582.        Shoshone-Bannock Tribes of the Fort Hall
                     Reservation; credit of funds.                    
    583.        Northwestern Bands of Shoshone Indians; credit of
                     funds.                                           
    584.        Apportionment of remaining funds; Shoshone-Bannock
                     Tribes of the Fort Hall Reservation and the
                     Shoshone Tribe of the Wind River Reservation.    
    585.        Membership rolls; preparation; eligibility for
                     enrollment; application; finality of
                     determination.                                   
    586.        Northwestern Band of Shoshone Indians; payment to
                     enrollees; heirs or legatees; trust for minors
                     and persons under legal disability.              
    587.        Funds apportioned to Shoshone-Bannock Tribes of
                     the Fort Hall Reservation.                       
    588.        Shoshone Tribe of the Wind River Reservation;
                     distribution of funds.                           
    589.        Tax exemption.                                    
    590.        Rules and regulations.                            
    590a.       Shoshone-Bannock Tribes of the Fort Hall
                     Reservation; credit of funds.                    
    590b.       Disposition of funds.                             
    590c.       Tax exemption; trusts for minors and persons under
                     legal disability.                                

               SUBCHAPTER XVI - CHIPPEWA TRIBE OF MINNESOTA           
    591.        Reservation of Chippewa National Forest lands for
                     Minnesota Chippewa Tribe.                        
    592.        Withdrawal of tribal funds to reimburse United
                     States; consent of Minnesota Chippewa Tribe;
                     disposition of receipts.                         
    593.        Exchanges of allotted, restricted, and tribal
                     lands for Chippewa National Forest lands.        
    594.        Distribution of judgment funds; Mississippi Bands;
                     Pillager and Lake Winnibigoshish Bands.          
    594a.       Rules and regulations.                            

                      SUBCHAPTER XVII - YAKIMA TRIBES                  
    601.        Membership roll; preparation; persons entitled to
                     enrollment.                                      
    602.        Application to Tribal Council on exclusion from
                     roll; minors and incompetent persons.            
    603.        Correction of membership roll.                    
    604.        Loss of membership and removal from roll.         
    605.        Expulsion of members; review by Secretary.        
    606.        Back pay and annuities on enrollment of new
                     members.                                         
    607.        Divestment of inheritance of non-members.         
    608.        Purchase, sale, and exchange of land.             
    608a.       Sale of tribal trust lands, etc.                  
    608b.       Rights of lessee.                                 
    608c.       Regulations.                                      
    609.        Action to determine title to judgment fund; claim
                     of Confederated Tribes of the Colville
                     Reservation; jurisdiction of Court of Claims.    
    609a.       Tax exemption.                                    
    609b.       Disposition of judgment fund; deductions;
                     advances, expenditures, investments, or
                     reinvestments for authorized purposes.           
    609b-1.     Tax exemption; trusts and other procedures for
                     protection of minors and persons under legal
                     disability.                                      
    609c.       Disbursement of minor's share of judgment funds.  
    609c-1.     Tax exemption; eligibility for Federal assistance
                     without regard to payments.                      

                    SUBCHAPTER XVIII - SWINOMISH TRIBE                
    610.        Purchase of lands within, adjacent to, or in close
                     proximity to boundaries of Swinomish Indian
                     Reservation.                                     
    610a.       Sale or exchange of lands; money equalization
                     payments.                                        
    610b.       Title to lands; tax exemption; prohibition of
                     restrictions.                                    
    610c.       Mortgages or deeds in trust; law governing
                     mortgage foreclosure or sale; United States as
                     party; removal of cases: appeals.                
    610d.       Moneys or credits for tribal purposes.            
    610e.       Assignment of income.                             

          SUBCHAPTER XIX - SHOSHONE AND ARAPAHO TRIBES OF WYOMING      
    611.        Division of trust fund on deposit in United States
                     Treasury to joint credit of both tribes.         
    612.        Establishment of trust fund for each tribe;
                     transfer of funds; interest; crediting of
                     revenues, receipts, and proceeds of judgments.   
    613.        Advances or expenditures from tribal funds;
                     emergency and educational loans; payments to
                     individuals of tribes; per capita payments not
                     subject to liens or claims; exception.           

            SUBCHAPTER XX - PUEBLO AND CANONCITO NAVAJO INDIANS        
    621.        Portions of tribal lands to be held in trust by
                     the United States; remainder to become part of
                     the public domain.                               
    622.        Exchange of tribal lands; title to lands.         
    623.        Disbursement of deposits in the United Pueblos
                     Agency.                                          
    624.        Exchange of lands.                                

          SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION      
    631.        Basic program for conservation and development of
                     resources; projects; appropriations.             
    632.        Character and extent of administration; time
                     limit; reports on use of funds.                  
    633.        Preference in employment; on-the-job training.    
    634.        Loans to Tribes or individual members; loan fund. 
    635.        Disposition of lands.                             
    636.        Adoption of constitution by Navajo Tribe; method;
                     contents.                                        
    637.        Use of Navajo tribal funds.                       
    638.        Participation by Tribal Councils; recommendations.
    639, 640.   Repealed.                                         
    640a.       Navajo Community College; purpose.                
    640b.       Grants.                                           
    640c.       Study of facilities needs.                        
    640c-1.     Authorization of appropriations.                  
    640c-2.     Effect on other laws.                             
    640c-3.     Payments; interest.                               

    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
                                 INTERESTS
    640d.       Mediator.                                         
    640d-1.     Negotiating teams.                                
    640d-2.     Implementation of agreements.                     
    640d-3.     Default or failure to reach agreement;
                     recommendations to District Court; final
                     adjudication.                                    
    640d-4.     Authorized recommendations for facilitation of
                     agreement or report to District Court;
                     discretionary nature of recommendations.         
    640d-5.     Considerations and guidelines for preparation of
                     report by Mediator and final adjudication by
                     District Court.                                  
    640d-6.     Joint ownership and management of coal, oil, gas
                     and other minerals within or underlying
                     partitioned lands; division of proceeds.         
    640d-7.     Determination of tribal rights and interests in
                     land.                                            
    640d-8.     Allotments in severalty to Paiute Indians now
                     located on lands; issue of patents declaring
                     United States as trustee.                        
    640d-9.     Partitioned or other designated lands.            
    640d-10.    Resettlement lands for Navajo Tribe.              
    640d-11.    Office of Navajo and Hopi Indian Relocation.      
    640d-12.    Report concerning relocation of households and
                     members of each tribe.                           
    640d-13.    Relocation of households and members.             
    640d-14.    Relocation housing.                               
    640d-15.    Payment of fair rental value for use of lands
                     subsequent to date of partition.                 
    640d-16.    Title, possession, and enjoyment of lands.        
    640d-17.    Actions for accounting, fair value of grazing, and
                     claims for damages to land.                      
    640d-18.    Reduction of livestock within joint use area.     
    640d-19.    Perpetual use of Cliff Spring as shrine for
                     religious ceremonial purposes; boundary; piping
                     of water for use by residents.                   
    640d-20.    Use and right of access to religious shrines on
                     reservation of other tribe.                      
    640d-21.    Payments not to be considered as income for
                     eligibility under any other Federal or federally
                     assisted program or for assistance under Social
                     Security Act or for revenue purposes.            
    640d-22.    Authorization for exchange of reservation lands;
                     availability of additional relocation benefits;
                     restrictions.                                    
    640d-23.    Separability.                                     
    640d-24.    Authorization of appropriations.                  
    640d-25.    Discretionary fund to expedite relocation efforts.
    640d-26.    Implementation requirements.                      
    640d-27.    Attorney fees, costs and expenses for litigation
                     or court action.                                 
    640d-28.    Life estates.                                     
    640d-29.    Restrictions on lobbying; exception.              
    640d-30.    Navajo Rehabilitation Trust Fund.                 
    640d-31.    Residence of families eligible for relocation
                     assistance.                                      

              SUBCHAPTER XXIII - HOPI TRIBE: INDUSTRIAL PARK          
    641.        Congressional findings and declaration of purpose.
    642.        Powers of Tribal Council.                         
    643.        Council's powers subject to approval by Secretary.
    644.        Bonds as valid and binding obligations.           
    645.        Exemption from taxation.                          
    646.        Exempted securities.                              

                     SUBCHAPTER XXIV - HUALAPAI TRIBE                 
    647.        Disposition of judgment fund; deductions;
                     advances, expenditures, investments or
                     reinvestments for authorized purposes.           
    648.        Tax exemption.                                    
    649.        Rules and regulations.                            

                  SUBCHAPTER XXV - INDIANS OF CALIFORNIA              
    651.        "Indians of California" defined.                  
    652.        Claims against United States for appropriated
                     lands; submission to United States Court of
                     Federal Claims; appeal; grounds for relief.      
    653.        Statutes of limitations unavailable against
                     claims; amount of decree; set-off.               
    654.        Claims presented by petition; filing date;
                     amendment; signature and verification; official
                     letters, documents, etc., furnished.             
    655.        Reimbursement of State of California for necessary
                     costs and expenses.                              
    656.        Judgment amount deposited in Treasury to credit of
                     Indians; interest rate; use of fund.             
    657.        Revision of roll of Indians.                      
    658.        Distribution of $150 from fund to each enrolled
                     Indian.                                          
    659.        Distribution of judgment fund.                    
    660.        Equal share distribution of 1964 appropriation.   
    661.        Equal share distribution of undistributed balance
                     of 1945 appropriation.                           
    662.        Heirs of deceased enrollees; tax exemption.       
    663.        Rules and regulations; filing deadline.           

          SUBCHAPTER XXVI - SOUTHERN UTE INDIAN TRIBE OF COLORADO      
    668.        Sale of lands held by the United States.          
    669.        Use of sale proceeds for purchase of real property
                     only.                                            
    670.        Mortgage or deed of trust of lands sold; United
                     States as party to all proceedings.              

                  SUBCHAPTER XXVII - UTE INDIANS OF UTAH              
    671.        Use of funds of the Ute Indian Tribe of the Uintah
                     and Ouray Reservation for expenditure and per
                     capita payments; regulations applicable to loans;
                     restriction on attorney fees.                    
    672.        Division of trust funds; ratification of
                     resolution; crediting of shares; release of
                     United States from liability in certain cases.   
    673.        Repealed.                                         
    674.        Use of funds of the Ute Mountain Tribe of the Ute
                     Mountain Reservation for expenditure and per
                     capita payments; taxation of lands and funds;
                     regulations applicable to loans.                 
    675.        Restriction on payment of funds for agents' or
                     attorneys' fees.                                 
    676.        Use of funds of Southern Ute Tribe of Southern Ute
                     Reservation for expenditure and per capita
                     payments; regulations applicable to loans.       
    676a.       Distribution of judgment fund.                    
    676b.       Distribution of judgment fund; deductions;
                     availability for certain uses.                   
    676b-1.     Tax exemption.                                    

      SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
    BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION OF FEDERAL
             SUPERVISION OVER PROPERTY OF MIXED-BLOOD MEMBERS
    677.        Purpose.                                          
    677a.       Definitions.                                      
    677b.       Method of determining Ute Indian blood.           
    677c.       Transfer of members from full-blood roll to
                     mixed-blood group; time; certification by
                     Secretary.                                       
    677d.       Restriction of tribe to full-blood members after
                     publication of final rolls; non-interest of
                     mixed-blood members; new membership.             
    677e.       Organization of mixed-blood members; constitution
                     and bylaws; representatives; actions in absence
                     of organization.                                 
    677f.       Employment of legal counsel for mixed-blood
                     members; fees.                                   
    677g.       Membership rolls of full-blood and mixed-blood
                     members; preparation and initial publication;
                     appeal from inclusion or omission from rolls;
                     finality of determination; final publication;
                     inheritable interest; future membership.         
    677h.       Sale or other disposition of certain described
                     lands; funds; relief of United States from
                     liability; assigned lands.                       
    677i.       Division of assets; basis; prior alienation or
                     encumbrance; partition by Secretary upon
                     nonagreement; assistance; management of claims
                     and rights; division of net proceeds;
                     applicability of usual processes of the law to
                     originally owned stock of corporate
                     representative and to corporate distributions.   
    677j.       Advances or expenditures from tribal funds;
                     restrictions on mixed-blood group until adoption
                     of plan for terminating supervision.             
    677k.       Adjustment of debts in making per capita payments
                     to mixed-blood members; execution of mortgages on
                     property.                                        
    677l.       Distribution to individual members of mixed-blood
                     group; preparation and approval of plan;
                     assistance; provisions permitted in plan.        
    677m.       Procedure by Secretary if distribution not
                     completed within seven years from August 27,
                     1954.                                            
    677n.       Disposal by mixed-blood members of their
                     individual interests in tribal assets; requisites
                     and conditions.                                  
    677o.       Termination of restrictions on individually owned
                     property of the mixed-blood group.               
    677p.       Tax exemption; exceptions and time limits;
                     valuation for income tax on gains or losses.     
    677q.       Applicability of decedents' estates laws to
                     individual trust property of mixed-blood members.
    677r.       Indian claims unaffected.                         
    677s.       Valid leases, permits, liens, etc., unaffected.   
    677t.       Water rights.                                     
    677u.       Protection of minors, persons non compos mentis,
                     and other members needing assistance; guardians. 
    677v.       Termination of Federal trust; publication;
                     termination of Federal services; application of
                     Federal and State laws.                          
    677w.       Presentation of development program for full-blood
                     group to eventually terminate Federal
                     supervision.                                     
    677x.       Citizenship status unaffected.                    
    677y.       Execution by Secretary of patents, deeds, etc.    
    677z.       Rules and regulations; tribal or group referenda. 
    677aa.      Procedure by Secretary upon non-agreement between
                     mixed-blood and full-blood groups.               

     SUBCHAPTER XXIX - RED LAKE BAND OF CHIPPEWA INDIANS OF MINNESOTA 
    681.        Per capita payment to tribal members; rules and
                     regulations.                                     
    682.        Payment free of liens or claims.                  
    683.        Payments not "other income and resources".        
    684.        Per capita payment to tribal members;
                     installments; rules and regulations.             
    685.        Payment free of liens or claims.                  
    686.        Payments not "other income and resources".        
    687.        Per capita payment to tribal members; rules and
                     regulations.                                     
    688.        Payment free of liens or claims.                  
    689.        Payments not "other income and resources".        
    690.        Distribution of judgment fund; tax exemption of
                     per capita payments.                             

      SUBCHAPTER XXX - WESTERN OREGON INDIANS: TERMINATION OF FEDERAL
                                SUPERVISION
    691.        Purpose.                                          
    692.        Definitions.                                      
    693.        Membership roll; preparation and initial
                     publication; eligibility for enrollment; appeal
                     from inclusion or omission from roll; finality of
                     determination; final publication.                
    694.        Personal property rights; restrictions.           
    695.        Tribal property.                                  
    696.        Individual property.                              
    697.        Property of deceased members.                     
    698.        Transfer of federally owned property.             
    699.        Taxes; initial exemption; taxes following
                     distribution; valuation for capital gains or
                     losses.                                          
    700.        Protection of minors, persons non compos mentis
                     and other members needing assistance; guardians;
                     other adequate means.                            
    701.        Advances or expenditures from tribal funds.       
    702.        Execution by Secretary of patents, deeds, etc.    
    703.        Termination of Federal trust.                     
    704.        Omitted.                                          
    705.        Offset of individual indebtedness; credit.        
    706.        Indian claims unaffected.                         
    707.        Valid leases, permits, liens, etc., unaffected.   
    708.        Rules and regulations; tribal referenda.          

      SUBCHAPTER XXX-A - SILETZ INDIAN TRIBE: RESTORATION OF FEDERAL
                                SUPERVISION
    711.        Definitions.                                      
    711a.       Federal recognition.                              
    711b.       Membership roll.                                  
    711c.       Interim Council.                                  
    711d.       Tribal constitution and bylaws.                   
    711e.       Reservation.                                      
    711f.       Rules and regulations.                            

        SUBCHAPTER XXX-B - COW CREEK BAND OF UMPQUA TRIBE OF OREGON    
    712.        Definitions.                                      
    712a.       Extension of Federal recognition, rights, and
                     privileges.                                      
    712b.       Organization of tribe.                            
    712c.       Tribal membership.                                
    712d.       Rules.                                            
    712e.       Certain property taken into trust.                

    SUBCHAPTER XXX-C - CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY
                                 OF OREGON
    713.        Definitions.                                      
    713a.       Consideration of Confederated Tribes of Grand
                     Ronde Community as one tribe.                    
    713b.       Restoration of Federal recognition, rights, and
                     privileges.                                      
    713c.       Interim Council.                                  
    713d.       Tribal constitution and bylaws; tribal governing
                     body.                                            
    713e.       Membership rolls; voting rights of member.        
    713f.       Establishment of tribal reservation.              
    713g.       Regulations.                                      

     SUBCHAPTER XXX-D - CONFEDERATED TRIBES OF COOS, LOWER UMPQUA, AND
            SIUSLAW INDIANS: RESTORATION OF FEDERAL SUPERVISION
    714.        Definitions.                                      
    714a.       Extension of Federal recognition, rights, and
                     privileges.                                      
    714b.       Membership rolls.                                 
    714c.       Interim Council.                                  
    714d.       Tribal constitution and bylaws.                   
    714e.       Reservation.                                      
    714f.       Regulations.                                      

    SUBCHAPTER XXX-E - COQUILLE INDIAN TRIBE OF OREGON: RESTORATION OF
                            FEDERAL SUPERVISION
    715.        Definitions.                                      
    715a.       Restoration of Federal recognition, rights, and
                     privileges.                                      
    715b.       Economic development.                             
    715c.       Transfer of land to be held in trust.             
    715d.       Criminal and civil jurisdiction.                  
    715e.       Membership rolls.                                 
    715f.       Interim government.                               
    715g.       Tribal constitution.                              

         SUBCHAPTER XXXI - ALABAMA AND COUSHATTA INDIANS OF TEXAS:
                    TERMINATION OF FEDERAL SUPERVISION
    721.        Transfer of property to Texas.                    
    722.        Termination of Federal trust; publication;
                     termination of Federal services; admission to
                     hospitals and schools.                           
    723.        Termination of Federal powers over tribe.         
    724.        Cancellation of indebtedness.                     
    725.        Revocation of corporate charter.                  
    726.        Applicability of Federal and State laws.          
    727.        Citizenship status unaffected.                    
    728.        Protection of Alabama and Coushatta Indians and
                     conservation of resources after issuance of
                     proclamation.                                    

     SUBCHAPTER XXXI-A - ALABAMA AND COUSHATTA INDIAN TRIBES OF TEXAS:
                    RESTORATION OF FEDERAL SUPERVISION
    731.        Definitions.                                      
    732.        Alabama and Coushatta Indian Tribes of Texas
                     considered as one tribe.                         
    733.        Restoration of Federal trust relationship; Federal
                     services and assistance.                         
    734.        State and tribal authority.                       
    735.        Adoption of new constitution and bylaws.          
    736.        Provisions relating to tribal reservation.        
    737.        Gaming activities.                                

     SUBCHAPTER XXXII - PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL
                                SUPERVISION
    741.        Purpose.                                          
    742.        Definitions.                                      
    743.        Membership roll; preparation and initial
                     publication; appeal from inclusion or omission
                     from roll; finality of determination; final
                     publication.                                     
    744.        Personal property rights; restrictions.           
    745.        Tribal property.                                  
    746.        Individual property.                              
    747.        Property of deceased members.                     
    748.        Transfer of federally owned property.             
    749.        Taxes; initial exemption; taxes following
                     distribution; valuation for capital gains and
                     losses.                                          
    750.        Indian claims unaffected.                         
    751.        Valid leases, permits, liens, etc., unaffected.   
    752.        Water rights.                                     
    753.        Protection of minors, persons non compos mentis
                     and other members needing assistance; guardians;
                     other adequate means.                            
    754.        Advances or expenditures from tribal funds.       
    755.        Execution by Secretary of patents, deeds, etc.    
    756.        Cancellation of indebtedness.                     
    757.        Termination of Federal trust.                     
    758.        Status of Tribes.                                 
    759.        Rules and regulations; tribal referenda.          
    760.        Education and training program; purposes;
                     subjects; transportation; subsistence; contracts;
                     other education programs.                        

    SUBCHAPTER XXXII-A - PAIUTE INDIANS OF UTAH: RESTORATION OF FEDERAL
                                SUPERVISION
    761.        Definitions.                                      
    762.        Federal restoration of supervision.               
    763.        Membership roll.                                  
    764.        Interim Council.                                  
    765.        Tribal constitution and bylaws.                   
    766.        Tribal reservation.                               
    767.        Legal claims barred for lands lost through tax or
                     other sales since September 1, 1954.             
    768.        Rules and regulations.                            

                SUBCHAPTER XXXIII - INDIAN TRIBES OF OREGON            
    771.        Enrollment of descendants; determination of
                     eligibility.                                     
    772.        Per capita payments to tribal members; tax
                     exemption.                                       
    773.        Payments.                                         
    774.        Costs.                                            
    775.        Rules and regulations.                            

                SUBCHAPTER XXXIV - CREEK NATION OF INDIANS            
    781.        Distribution of funds.                            
    782.        Payment to heirs or legatees.                     
    783.        Payments to minors or persons under legal
                     disability; liens, exception; tax exemption.     
    784.        Appropriations.                                   
    785.        Rules and regulations.                            
    786.        Credit of unclaimed and unpaid share of funds.    
    787.        Advances or expenditures from tribal funds.       
    788.        Federal trust upon escheat of estates of members
                     dying intestate without heirs.                   
    788a.       Disposition of judgment funds; preparation of
                     Indian roll; eligibility.                        
    788b.       Distribution of funds; tax exemption; equal
                     shares.                                          
    788c.       Heirs of deceased enrollees.                      
    788d.       Rules and regulations.                            
    788e.       Disposition of judgment funds.                    
    788f.       Distribution of funds; tax exemption; equal
                     shares.                                          
    788g.       Heirs of deceased enrollees.                      
    788h.       Rules and regulations.                            

       SUBCHAPTER XXXV - WYANDOTTE TRIBE OF OKLAHOMA: TERMINATION OF
                            FEDERAL SUPERVISION
    791 to 807. Repealed.                                         

    SUBCHAPTER XXXVI - PEORIA TRIBE OF OKLAHOMA: TERMINATION OF FEDERAL
                                SUPERVISION
    821 to 826. Repealed.                                         

       SUBCHAPTER XXXVII - OTTAWA TRIBE OF OKLAHOMA: TERMINATION OF
                            FEDERAL SUPERVISION
    841 to 853. Repealed.                                         

     SUBCHAPTER XXXVII-A - WYANDOTTE, PEORIA, OTTAWA, AND MODOC TRIBES
              OF OKLAHOMA: RESTORATION OF FEDERAL SUPERVISION
    861.        Federal recognition of Wyandotte, Ottawa, and
                     Peoria Tribes.                                   
    861a.       Organization of tribes.                           
    861b.       Restoration of supervision as fulfilling other
                     Federal statutory requirements.                  
    861c.       Programs and services by United States;
                     participation in by tribes as result of return to
                     status as Indians.                               

              SUBCHAPTER XXXVIII - OTOE AND MISSOURIA INDIANS          
    871.        Membership roll; preparation; eligibility for
                     enrollment; finality of determination.           
    872.        Per capita distribution to tribal members.        
    873.        Per capita payments.                              
    874.        Costs.                                            
    875.        Rules and regulations.                            
    876.        Advances or expenditures from tribal funds; tax
                     exemption.                                       

                  SUBCHAPTER XXXIX - INDIANS OF OKLAHOMA              
    881.        Potawatomi Indians; disposition of judgment fund;
                     deductions; advances or expenditures for
                     authorized purposes; tax exemption.              
    881a.       Trusts and other procedures for protection of
                     minors and persons under legal disability.       
    882.        Sac and Fox Tribes; disposition of judgment fund;
                     deductions; advances, expenditures, investments,
                     or reinvestments for authorized purposes.        
    882a.       Tax exemption.                                    
    883.        Osage Tribe; disposition of judgment fund.        
    883a.       Payment of allotments.                            
    883b.       Per capita shares; filing claims; reversion of
                     unclaimed shares.                                
    883c.       Income tax exemption.                             
    883d.       Rules and regulations.                            

       SUBCHAPTER XL - MENOMINEE TRIBE OF WISCONSIN: TERMINATION OF
                            FEDERAL SUPERVISION
    891 to 902. Repealed.                                         

       SUBCHAPTER XLI - MENOMINEE TRIBE OF WISCONSIN: RESTORATION OF
                            FEDERAL SUPERVISION
    903.        Definitions.                                      
    903a.       Federal recognition.                              
    903b.       Menominee Restoration Committee.                  
    903c.       Tribal constitution and bylaws.                   
    903d.       Transfer of assets of Menominee Enterprises, Inc. 
    903e.       Rules and regulations.                            
    903f.       Authorization of appropriations.                  

       SUBCHAPTER XLII - QUAPAW TRIBE: DISTRIBUTION OF JUDGMENT FUND   
    911.        Membership roll; preparation; eligibility for
                     enrollment; applications for enrollment;
                     protests; finality of determination.             
    912.        Per capita payments to enrollees, heirs or
                     legatees; tax exemption.                         
    913.        Distribution of shares.                           
    914.        Costs.                                            

      SUBCHAPTER XLIII - CATAWBA TRIBE OF SOUTH CAROLINA: DIVISION OF
                                  ASSETS
    931 to 938. Repealed.                                         

       SUBCHAPTER XLIII-A - CATAWBA INDIAN TRIBE OF SOUTH CAROLINA;
                 RESTORATION OF FEDERAL TRUST RELATIONSHIP
    941.        Declaration of policy, Congressional findings and
                     purpose.                                         
    941a.       Definitions.                                      
    941b.       Restoration of Federal trust relationship.        
    941c.       Settlement funds.                                 
    941d.       Ratification of prior transfers; extinguishment of
                     aboriginal title, rights and claims.             
    941e.       Base membership roll.                             
    941f.       Transitional and provisional government.          
    941g.       Tribal constitution and governance.               
    941h.       Administrative provisions relating to
                     jurisdiction, taxation, and other matters.       
    941i.       Tribal trust funds.                               
    941j.       Establishment of Expanded Reservation.            
    941k.       Non-Reservation properties.                       
    941l.       Games of chance.                                  
    941m.       General provisions.                               
    941n.       Tax treatment of income and transactions.         

       SUBCHAPTER XLIV - AGUA CALIENTE (PALM SPRINGS) RESERVATION OF
                  CALIFORNIA: EQUALIZATION OF ALLOTMENTS
    951.        Authority to equalize allotments.                 
    952.        Members entitled to allotment; prohibition against
                     further allotments.                              
    953.        Lands.                                            
    954.        Powers and duties of guardians.                   
    955.        Tax exemption.                                    
    956.        Claims against allotments.                        
    957.        Allotments deemed full equalization.              
    958.        Organization and transfer of title to legal
                     entity.                                          

        SUBCHAPTER XLV - OMAHA TRIBE: DISTRIBUTION OF JUDGMENT FUND    
    961.        Membership roll; preparation; eligibility for
                     enrollment; applications for enrollment;
                     protests; finality of determination.             
    962.        Membership roll; enrollment of children born after
                     September 14, 1961.                              
    963.        Per capita distributions to tribal members;
                     attorneys' fees and expenses; advances or
                     expenditures from tribal funds; tax exemption.   
    964.        Distribution of shares.                           
    965.        Payments not subject to liens, debts, or claims;
                     exception.                                       
    966.        Costs.                                            
    967.        Rules and regulations.                            
    967a.       Per capita payments to enrolled tribal members;
                     use of balance of funds.                         
    967b.       Payments to minors and persons under legal
                     disability; shares under certain amount to revert
                     to tribe.                                        
    967c.       Tax exemption.                                    
    967d.       Rules and regulations.                            

     SUBCHAPTER XLVI - PONCA TRIBE OF NEBRASKA: TERMINATION OF FEDERAL
                                SUPERVISION
    971.        Membership roll; preparation; eligibility for
                     enrollment; protests against inclusion or
                     omission from roll; finality of determination;
                     publication of roll; publication of notice of
                     agreement to division of assets; finality of
                     roll.                                            
    972.        Personal property rights; restrictions.           
    973.        Distribution of assets.                           
    974.        Sale of trust lands.                              
    975.        Land surveys and execution of conveyances by
                     Secretary; title of grantee.                     
    976.        Indian claims unaffected.                         
    977.        Rights, privileges, and obligations under Nebraska
                     laws unaffected.                                 
    978.        Taxes; initial exemption; taxes following
                     distribution; valuation for capital gains or
                     losses.                                          
    979.        Expenses; appropriation authorization.            
    980.        Termination of Federal trust; publication;
                     termination of Federal services; application of
                     Federal and State laws; citizenship status
                     unaffected.                                      

    SUBCHAPTER XLVI-A - PONCA TRIBE OF NEBRASKA: RESTORATION OF RIGHTS
                              AND PRIVILEGES
    983.        Definitions.                                      
    983a.       Federal recognition.                              
    983b.       Restoration of rights.                            
    983c.       Services.                                         
    983d.       Interim government.                               
    983e.       Membership roll.                                  
    983f.       Tribal constitution.                              
    983g.       Regulations.                                      
    983h.       Economic development plan.                        

     SUBCHAPTER XLVII - CHEROKEE NATION: DISTRIBUTION OF JUDGMENT FUND 
    991.        Per capita payments to tribal members; closure of
                     rolls; appropriations; accrued interest;
                     deductions.                                      
    992.        Payments to adults, heirs or legatees; shares
                     under certain amounts to revert to tribe;
                     protection of minors and persons under legal
                     disability.                                      
    993.        Claims.                                           
    994.        Tax exemption.                                    
    995.        Payments not subject to liens, debts, or claims;
                     exception.                                       
    996.        Payments not "other income and resources".        
    997.        Costs.                                            
    998.        Rules and regulations.                            

    SUBCHAPTER XLVIII - SNAKE OR PAIUTE INDIANS OF OREGON: DISTRIBUTION
                             OF JUDGMENT FUND
    1011.       Membership roll; preparation; eligibility for
                     enrollment; time for filing application; finality
                     of Secretary's determination.                    
    1012.       Authorization to withdraw, prorate and distribute
                     funds.                                           
    1013.       Distribution; persons entitled; considerations;
                     tax exemption.                                   
    1014.       Costs.                                            
    1015.       Rules and regulations.                            

    SUBCHAPTER XLIX - SHAWNEE TRIBE OR NATION: DISTRIBUTION OF JUDGMENT
                                   FUND
    1031.       Disposition of funds.                             
    1032.       Absentee and Eastern Bands; authorization for use
                     of funds by tribal governing bodies; approval of
                     Secretary of the Interior.                       
    1033.       Cherokee Band; preparation of roll; eligibility
                     for enrollment; rules and regulations.           
    1034.       Cherokee Band; per capita distribution.           
    1035.       Distribution of shares.                           
    1036.       Taxes.                                            
    1037.       Costs.                                            
    1038.       Rules and regulations.                            

                 SUBCHAPTER XLIX-A - SHAWNEE TRIBE STATUS             
    1041.       Findings.                                         
    1041a.      Definitions.                                      
    1041b.      Federal recognition, trust relationship, and
                     program eligibility.                             
    1041c.      Establishment of a tribal roll.                   
    1041d.      Organization of the Tribe; tribal constitution.   
    1041e.      Tribal land.                                      
    1041f.      Jurisdiction.                                     
    1041g.      Individual Indian land.                           
    1041h.      Treaties not affected.                            

        SUBCHAPTER L - TILLAMOOK AND NEHALEM BANDS OF THE TILLAMOOK
                  INDIANS: DISTRIBUTION OF JUDGMENT FUND
    1051.       Membership roll; preparation; eligibility for
                     enrollment; filing of applications; finality of
                     Secretary's decision.                            
    1052.       Distribution of funds; pro rata basis.            
    1053.       Taxes.                                            
    1054.       Costs.                                            
    1055.       Rules and regulations.                            

     SUBCHAPTER LI - CONFEDERATED TRIBES OF THE COLVILLE RESERVATION:
                       DISTRIBUTION OF JUDGMENT FUND
    1071.       Per capita payments to enrolled tribal members;
                     tax exemption.                                   
    1072.       Per capita distribution; limitation of $950 per
                     share.                                           
    1073.       Tax exemption; payments to minors and persons
                     under legal disabilities.                        

          SUBCHAPTER LII - QUILEUTE AND HOH TRIBES OF WASHINGTON:
                       DISTRIBUTION OF JUDGMENT FUND
    1081.       Division of funds on basis of tribal membership
                     rolls; advances or expenditures from tribal
                     funds.                                           
    1082.       Membership rolls; preparation; eligibility for
                     enrollment; relinquishment of membership with
                     other tribes.                                    
    1083.       Quileute base roll.                               
    1084.       Hoh base roll.                                    
    1085.       Tribal organizational document: development and
                     adoption.                                        
    1086.       Advances or expenditures from tribal funds.       
    1087.       Tax exemption.                                    
    1088.       Rules and regulations.                            

      SUBCHAPTER LIII - NOOKSACK TRIBE OF WASHINGTON: DISTRIBUTION OF
                               JUDGMENT FUND
    1101.       Membership roll; preparation; eligibility for
                     enrollment; filing of applications; finality of
                     determination.                                   
    1102.       Distribution of funds; persons entitled.          
    1103.       Payments to enrollees, heirs or legatees;
                     protection of minors and persons under legal
                     disability; credits of shares under certain
                     amounts; escheat.                                
    1104.       Tax exemption.                                    
    1105.       Rules and regulations.                            

          SUBCHAPTER LIV - MIAMI INDIANS OF INDIANA AND OKLAHOMA:
                       DISTRIBUTION OF JUDGMENT FUND
    1111.       Distribution and use of funds.                    
    1112.       Advances or expenditures from funds of Miami Tribe
                     of Oklahoma; persons entitled.                   
    1113.       Miami Indians of Indiana; membership roll;
                     preparation; eligibility for enrollment.         
    1114.       Miami Indians of Oklahoma; membership roll;
                     preparation; eligibility for enrollment.         
    1115.       Applications; place for filing; finality of
                     determination.                                   
    1116.       Distribution of funds of Miami Indians of Indiana;
                     persons entitled.                                
    1117.       Distribution of funds of Miami Indians of
                     Oklahoma; persons entitled.                      
    1118.       Distribution of shares.                           
    1119.       Reserve funds for expenses.                       
    1120.       Tax exemption; costs.                             
    1121.       Rules and regulations.                            
    1122.       Payment and distribution of judgment funds.       
    1123.       Costs.                                            
    1124.       Revision of enrollment list.                      
    1125.       Applications for enrollment.                      
    1126.       Equal distribution to individuals enrolled.       
    1127.       Use of appropriated funds; approval by Secretary
                     on receipt of recommendations from tribal
                     governing body.                                  
    1128.       Distribution of shares.                           
    1129.       Tax exemption.                                    
    1130.       Rules and regulations.                            

    SUBCHAPTER  LV - DUWAMISH  TRIBE  OF  WASHINGTON:  DISTRIBUTION  OF
                               JUDGMENT  FUND
    1131.       Membership roll; preparation; eligibility for
                     enrollment; applications; place for filing;
                     finality of determination.                       
    1132.       Equal share distribution; persons entitled.       
    1133.       Payments to enrollees, heirs, or legatees;
                     protection of minors and persons under legal
                     disability; escheats.                            
    1134.       Tax exemption.                                    
    1135.       Rules and regulations.                            

        SUBCHAPTER LVI - EMIGRANT NEW YORK INDIANS: DISTRIBUTION OF
                               JUDGMENT FUND
    1141.       Distribution of funds; attorney's fees and
                     expenses.                                        
    1142.       Membership rolls; Oneida Tribe of Wisconsin;
                     Stockbridge-Munsee Indian Community of Wisconsin;
                     Brotherton Indians of Wisconsin.                 
    1143.       Assistance of Secretary in preparing membership
                     rolls; applications for enrollment.              
    1144.       Apportionment; ratio of apportioned shares.       
    1145.       Disposition of apportioned shares.                
    1146.       Federal and State income taxes.                   
    1147.       Rules and regulations.                            

    SUBCHAPTER LVII - UPPER AND LOWER CHEHALIS TRIBES: DISTRIBUTION OF
                               JUDGMENT FUND
    1151.       Membership roll; preparation; eligibility for
                     enrollment; applications; finality of
                     determination.                                   
    1152.       Distribution in equal shares.                     
    1153.       Payments to minors and persons under legal
                     disabilities; escheats.                          
    1154.       Tax exemption.                                    
    1155.       Rules and regulations.                            

         SUBCHAPTER LVIII - CHEYENNE-ARAPAHO INDIANS OF OKLAHOMA:
                       DISTRIBUTION OF JUDGMENT FUND
    1161.       Authorization for distribution of funds.          
    1162.       Trust; education and scholarships; approval of
                     agreement.                                       
    1163.       Payments to enrollees, heirs or legatees; trust
                     for minors and persons under legal disability;
                     approval of agreement.                           
    1164.       Claims.                                           
    1165.       Tax exemption.                                    
    1166.       Costs.                                            
    1167.       Rules and regulations.                            

        SUBCHAPTER LIX - IOWA TRIBES OF KANSAS AND NEBRASKA AND OF
                  OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND
    1171.       Distribution of funds; authorized spending; per
                     capita payment; tax exemption.                   

                SUBCHAPTER LX - DELAWARE NATION OF INDIANS            
    1181.       Distribution of judgment fund; preparation of
                     Indian roll; eligibility.                        
    1182.       Division between Cherokee Delawares and the
                     Delaware Tribe of Indians of Western Oklahoma.   
    1183.       Equal share distribution.                         
    1184.       Heirs of deceased enrollees.                      
    1185.       Tax exemption.                                    
    1186.       Rules and regulations.                            

       SUBCHAPTER LXI - CONFEDERATED TRIBES OF UMATILLA RESERVATION:
                       DISTRIBUTION OF JUDGMENT FUND
    1191.       Per capita distribution; trusts for minors and
                     incompetents; payments to heirs or legatees.     
    1192.       Eligibility for per capita payments.              
    1193.       Status of funds pending distribution.             
    1194.       Per capita distributions as exempt from taxation. 
    1195.       Disposition of funds withheld from per capita
                     distribution.                                    

    SUBCHAPTER LXII - SIOUX TRIBE OF MONTANA: DISTRIBUTION OF JUDGMENT
                                   FUND
    1201.       Per capita distributions to tribal members;
                     attorney's fees, expenses, and other deductions;
                     eligibility of members.                          
    1202.       Per capita shares; reversion to tribe; use of
                     reverted funds.                                  
    1203.       Protection of minors and persons under legal
                     disability.                                      
    1204.       Tax exemption.                                    
    1205.       Amount of agreed contribution to joint account for
                     expenditure for official salaries and expenses of
                     Fort Peck Tribes; discretionary per capita
                     distributions.                                   

          SUBCHAPTER LXIII - TLINGIT AND HAIDA INDIANS OF ALASKA      
    1211.       Distribution of fund; authorized spending; tax
                     exemption.                                       
    1212.       Findings.                                         
    1213.       Reaffirmation of tribal status.                   
    1214.       Disclaimer.                                       
    1215.       Prohibition against duplicative services.         

        SUBCHAPTER LXIV - CONFEDERATED TRIBES OF WEAS, PIANKASHAWS,
          PEORIAS, AND KASKASKIAS: DISTRIBUTION OF JUDGMENT FUND
    1221.       Membership roll.                                  
    1222.       Disposition of funds: improvement and maintenance
                     of Peoria Indian Cemetery; distribution of
                     balance in equal shares.                         
    1223.       Distribution of shares.                           
    1224.       Subsequent judgment funds; distribution;
                     preparation of current membership roll.          
    1225.       Tax exemption.                                    
    1226.       Shares not distributed within two years;
                     unexpended funds; reversion; bar of claims.      
    1227.       Rules and regulations.                            

     SUBCHAPTER LXV - CHEMEHUEVI TRIBE: DISTRIBUTION OF JUDGMENT FUND 
    1231.       Persons eligible for equal share payments.        
    1232.       Enrollment.                                       
    1233.       Payments to enrollees; per capita shares to heirs
                     or legatees; trusts and other procedures for
                     protection of minors and persons under legal
                     disability.                                      
    1234.       Tax exemption.                                    
    1235.       Identity of eligibility roll and membership roll. 
    1236.       Costs.                                            

    SUBCHAPTER LXVI - PEMBINA BAND OF CHIPPEWA INDIANS: DISTRIBUTION OF
                               JUDGMENT FUND
    1241.       Distribution of funds; attorney fees and expenses.
    1242.       Membership rolls; preparation; eligibility;
                     excluded persons.                                
    1243.       Enrollment applications; filing; finality of
                     determination.                                   
    1244.       Apportionment of funds; members and descendents of
                     Minnesota Chippewa Tribe, the Turtle Mountain
                     Band of Chippewas of North Dakota, the
                     Chippewa-Cree Tribe of Montana.                  
    1245.       Use of funds apportioned; approval by Secretary on
                     receipt of recommendations from certain tribal
                     organizations.                                   
    1246.       Tax exemption.                                    
    1247.       Payments to enrollees, heirs, or legatees;
                     protection of the interests of minors and persons
                     under legal disability.                          
    1248.       Rules and regulations.                            

     SUBCHAPTER LXVII - CONFEDERATED SALISH AND KOOTENAI TRIBES OF THE
       FLATHEAD RESERVATION, MONTANA: DISTRIBUTION OF JUDGMENT FUND
    1251.       Distribution of funds; attorney fees and expenses.
    1252.       Tax exemption.                                    
    1253.       Payments to minors.                               

    SUBCHAPTER LXVIII - BLACKFEET AND GROS VENTRE TRIBES: DISTRIBUTION
                             OF JUDGMENT FUND
    1261.       Distribution of funds; attorney fees and expenses.
    1262.       Membership roll; per capita distribution; minors. 
    1263.       Use of funds; authorization and approval.         
    1264.       Tax exemption; Social Security eligibility.       
    1265.       Rules and regulations.                            

    SUBCHAPTER LXIX - JICARILLA APACHE TRIBE: DISTRIBUTION OF JUDGMENT
                                   FUND
    1271.       Disposition of judgment funds.                    
    1272.       Protection of minors and persons under legal
                     disability.                                      
    1273.       Tax exemption.                                    
    1274.       Rules and regulations.                            

       SUBCHAPTER LXX - HAVASUPAI TRIBE OF ARIZONA: DISTRIBUTION OF
                               JUDGMENT FUND
    1281.       Disposition of funds.                             
    1282.       Tax exemption.                                    
    1283.       Payments to adults; trusts for minors and persons
                     under legal disability.                          
    1284.       Rules and regulations.                            

      SUBCHAPTER LXXI - DELAWARE TRIBE AND ABSENTEE DELAWARE TRIBE OF
              WESTERN OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND
    1291.       Disposition of funds.                             
    1292.       Membership roll requirements.                     
    1293.       Applications for enrollment; filing date and
                     place; notice and appeal of rejections; review.  
    1294.       Apportionment, credit, and disposition of funds.  
    1295.       Payments to adults; trusts for minors and persons
                     under legal disability.                          
    1296.       Income tax exemption.                             
    1297.       Rules and regulations.                            

    SUBCHAPTER LXXII - YAVAPAI APACHE TRIBE OF ARIZONA: DISTRIBUTION OF
                               JUDGMENT FUND
    1300.       Distribution of funds; attorney fees and expenses.
    1300a.      Percentage of funds for Payson Indian Band.       
    1300a-1.    Membership roll; preparation; eligibility for
                     enrollment; verification; approval.              
    1300a-2.    Apportionment of funds; advances, expenditures,
                     investments, or reinvestments; utilization of
                     funds for Payson Band.                           
    1300a-3.    Tax exemption; trusts and other procedures for
                     protection of minors and persons under legal
                     disability.                                      
    1300a-4.    Rules and regulations.                            

       SUBCHAPTER LXXIII - KICKAPOO INDIANS OF KANSAS AND OKLAHOMA:
                       DISTRIBUTION OF JUDGMENT FUND
    1300b.      Disposition of judgment funds; division of funds
                     on basis of tribal membership rolls; net tribal
                     credits.                                         
    1300b-1.    Distribution of shares.                           
    1300b-2.    Approval of plans for use of money after
                     submission to Congressional committees.          
    1300b-3.    Per capital payments; trusts and other procedures
                     for protection of minors and persons under legal
                     disability.                                      
    1300b-4.    Tax exemption.                                    
    1300b-5.    Rules and regulations.                            

           SUBCHAPTER LXXIII-A - TEXAS BAND OF KICKAPOO INDIANS       
    1300b-11.   Congressional findings and declaration of policy. 
    1300b-12.   Definitions.                                      
    1300b-13.   Band roll.                                        
    1300b-14.   Land acquisition.                                 
    1300b-15.   Jurisdiction.                                     
    1300b-16.   Provision of Federal Indian services.             

     SUBCHAPTER LXXIV - YANKTON SIOUX TRIBE: DISTRIBUTION OF JUDGMENT
                                   FUND
    1300c.      Distribution of funds; attorney fees and expenses.
    1300c-1.    Funds for expert witnesses and programing needs.  
    1300c-2.    Membership roll; preparation; tribal
                     constitutional requirements.                     
    1300c-3.    Per capita distributions to tribal members;
                     advances, expenditures, investments, or
                     reinvestments for authorized purposes; trusts and
                     other procedures for protection of minors and
                     persons under legal disability.                  
    1300c-4.    Tax exemption.                                    
    1300c-5.    Rules and regulations.                            

        SUBCHAPTER LXXV - MISSISSIPPI SIOUX TRIBES: DISTRIBUTION OF
                               JUDGMENT FUND

                   PART A - 1972 DISTRIBUTION AUTHORITY               
    1300d.      Distribution of funds; attorney fees and expenses.
    1300d-1.    Lower Council Sioux.                              
    1300d-2.    Apportionment of funds; deposit in United States
                     Treasury; per capita shares; advances, deposits,
                     expenditures, investments, or reinvestments for
                     approved purposes.                               
    1300d-3.    Upper Council Sioux.                              
    1300d-4.    Apportionment of funds.                           
    1300d-5.    Citizenship requirement.                          
    1300d-6.    Election of group for enrollment.                 
    1300d-7.    Protection of minors and persons under legal
                     disability.                                      
    1300d-8.    Income tax exemption.                             
    1300d-9.    Rules and regulations.                            
    1300d-10.   Authority to settle action.                       

                   PART B - 1998 DISTRIBUTION AUTHORITY               
    1300d-21.   Definitions.                                      
    1300d-22.   Distribution to, and use of certain funds by, the
                     Sisseton and Wahpeton Tribes of Sioux Indians.   
    1300d-23.   Distribution of funds to tribes.                  
    1300d-24.   Use of distributed funds.                         
    1300d-25.   Effect of payments to covered Indian tribes on
                     benefits.                                        
    1300d-26.   Distribution of funds to lineal descendants.      
    1300d-27.   Jurisdiction; procedure.                          

     SUBCHAPTER LXXVI - ASSINIBOINE TRIBES OF MONTANA: DISTRIBUTION OF
                               JUDGMENT FUND
    1300e.      Disposition of funds; percentage basis for
                     division; attorney fees and expenses.            
    1300e-1.    Per capita shares to members of Assiniboine Tribe
                     of Fort Peck Reservation; deductions; eligibility
                     for payments.                                    
    1300e-2.    Expenditure of withheld funds for certain salaries
                     and expenses; additional per capita
                     distributions.                                   
    1300e-3.    Per capita shares to members of Assiniboine Tribe
                     of Fort Belknap Reservation; deductions;
                     eligibility for payments.                        
    1300e-4.    Expenditure of withheld funds for authorized
                     purposes; community projects; additional per
                     capita distributions.                            
    1300e-5.    Per capita shares; reversion to tribe.            
    1300e-6.    Income tax exemption; protection of minors and
                     persons under legal disability.                  
    1300e-7.    Rules and regulations.                            

                  SUBCHAPTER LXXVII - PASCUA YAQUI TRIBE              
    1300f.      Status of Pascua Yaqui Indian people.             
    1300f-1.    Tribal constitution and bylaws; review by
                     Secretary; publication of documents and
                     membership roll in Federal Register.             
    1300f-2.    Membership of Tribe.                              
    1300f-3.    Study.                                            

    SUBCHAPTER LXXVIII - YSLETA DEL SUR PUEBLO: RESTORATION OF FEDERAL
                                SUPERVISION
    1300g.      Definitions.                                      
    1300g-1.    Redesignation of tribe.                           
    1300g-2.    Restoration of Federal trust relationship; Federal
                     services and assistance.                         
    1300g-3.    State and tribal authority.                       
    1300g-4.    Provisions relating to tribal reservation.        
    1300g-5.    Tiwa Indians Act repealed.                        
    1300g-6.    Gaming activities.                                
    1300g-7.    Tribal membership.                                

    SUBCHAPTER LXXIX - LAC VIEUX DESERT BAND OF LAKE SUPERIOR CHIPPEWA
                                  INDIANS
    1300h.      Congressional findings.                           
    1300h-1.    Definitions.                                      
    1300h-2.    Federal trust relationship.                       
    1300h-3.    Establishment of a Band roll.                     
    1300h-4.    Organization of tribe; constitution and governing
                     body.                                            
    1300h-5.    Land acquisition; establishment of Federal
                     reservation.                                     
    1300h-6.    Distribution of funds.                            
    1300h-7.    Constitutional amendment.                         
    1300h-8.    Compliance with Budget Act.                       

                 SUBCHAPTER LXXX - HOOPA-YUROK SETTLEMENT             
    1300i.      Short title and definitions.                      
    1300i-1.    Reservations; partition and additions.            
    1300i-2.    Preservation of Short cases.                      
    1300i-3.    Hoopa-Yurok Settlement Fund.                      
    1300i-4.    Hoopa-Yurok Settlement Roll.                      
    1300i-5.    Election of settlement options.                   
    1300i-6.    Division of Settlement Fund remainder.            
    1300i-7.    Hoopa Valley Tribe; confirmation of status.       
    1300i-8.    Recognition and organization of the Yurok Tribe.  
    1300i-9.    Economic development.                             
    1300i-10.   Special considerations.                           
    1300i-11.   Limitations of actions; waiver of claims.         

           SUBCHAPTER LXXXI - POKAGON BAND OF POTAWATOMI INDIANS       
    1300j.      Findings.                                         
    1300j-1.    Federal recognition.                              
    1300j-2.    Services.                                         
    1300j-3.    Tribal membership.                                
    1300j-4.    Constitution and governing body.                  
    1300j-5.    Tribal lands.                                     
    1300j-6.    Service area.                                     
    1300j-7.    Jurisdiction.                                     
    1300j-7a.   Membership list.                                  
    1300j-8.    Definitions.                                      

      SUBCHAPTER LXXXII - LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS;
                    LITTLE RIVER BAND OF OTTAWA INDIANS
    1300k.      Findings.                                         
    1300k-1.    Definitions.                                      
    1300k-2.    Federal recognition.                              
    1300k-3.    Reaffirmation of rights.                          
    1300k-4.    Transfer of land for benefit of Bands.            
    1300k-5.    Membership.                                       
    1300k-6.    Constitution and governing body.                  
    1300k-7.    Membership list.                                  

              SUBCHAPTER LXXXIII - AUBURN INDIAN RESTORATION          
    1300l.      Restoration of Federal recognition, rights, and
                     privileges.                                      
    1300l-1.    Economic development.                             
    1300l-2.    Transfer of land to be held in trust.             
    1300l-3.    Membership rolls.                                 
    1300l-4.    Interim government.                               
    1300l-5.    Tribal constitution.                              
    1300l-6.    Definitions.                                      
    1300l-7.    Regulations.                                      

    SUBCHAPTER LXXXIV - PASKENTA BAND OF NOMLAKI INDIANS OF CALIFORNIA
    1300m.      Definitions.                                      
    1300m-1.    Restoration of Federal recognition, rights, and
                     privileges.                                      
    1300m-2.    Economic development.                             
    1300m-3.    Transfer of land to be held in trust.             
    1300m-4.    Membership rolls.                                 
    1300m-5.    Interim government.                               
    1300m-6.    Tribal constitution.                              
    1300m-7.    General provision.                                

              SUBCHAPTER LXXXV - GRATON RANCHERIA RESTORATION          
    1300n.      Findings.                                         
    1300n-1.    Definitions.                                      
    1300n-2.    Restoration of Federal recognition, rights, and
                     privileges.                                      
    1300n-3.    Transfer of land to be held in trust.             
    1300n-4.    Membership rolls.                                 
    1300n-5.    Interim government.                               
    1300n-6.    Tribal constitution.                              

-End-


-CITE-
    25 USC SUBCHAPTER I - GENERAL PROVISIONS                    01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
                     SUBCHAPTER I - GENERAL PROVISIONS                 

-End-



-CITE-
    25 USC Sec. 441                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 441. Repealed.

-MISC1-
    Sec. 441. Repealed. Pub. L. 96-277, Sec. 2, June 17, 1980, 94 Stat.
      545.
      Section, act June 19, 1939, ch. 210, 53 Stat. 840, recognized
    right of Indian employees of the Federal Government to Indian
    benefits available under Acts of Congress, and under regulations of
    the Secretary of the Interior, to be members of Indian tribes,
    corporations, or cooperative associations organized by Indians and
    recipients of benefits by reason of membership.

                         EFFECTIVE DATE OF REPEAL                     
      Section repealed sixty days after June 17, 1980, see section 4 of
    Pub. L. 96-277, set out as a note under section 68 of this title.

-End-



-CITE-
    25 USC Sec. 442                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 442. Livestock loans; cash settlements

-STATUTE-
      All acceptances of cash settlements by the Commissioner of Indian
    Affairs for livestock lent by the United States to any individual
    Indian, or to any tribe, association, corporation, or other group
    of Indians, and all sales and relending of livestock repaid in kind
    to the United States on account of such loans are authorized and
    ratified: Provided, That on and after May 24, 1950, the value of
    such livestock for the purposes of any such cash settlement shall
    be based on prevailing market prices in the area and shall be
    ascertained by a committee composed of three members, one of whom
    shall be selected by the superintendent of the particular agency,
    one of whom shall be selected by the chairman of the tribal
    council, and one of whom shall be selected by the other two
    members.

-SOURCE-
    (May 24, 1950, ch. 197, Sec. 1, 64 Stat. 190.)

-End-



-CITE-
    25 USC Sec. 443                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 443. Disposition of cash settlements

-STATUTE-
      Any moneys received on and after May 24, 1950, in settlement of
    such debts or from the sale of livestock so repaid to the United
    States shall be deposited in the revolving fund established
    pursuant to the Acts of June 18, 1934 (48 Stat. 984) [25 U.S.C. 461
    et seq.], and June 26, 1936 (49 Stat. 1967) [25 U.S.C. 501 et
    seq.], as amended and supplemented.

-SOURCE-
    (May 24, 1950, ch. 197, Sec. 2, 64 Stat. 190.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, referred to in text, popularly known as the
    Indian Reorganization Act, is classified generally to subchapter V
    (Sec. 461 et seq.) of this chapter. For complete classification of
    this Act to the Code, see Short Title note set out under section
    461 of this title and Tables. Provisions of the Act establishing
    the revolving fund are set out in section 470 of this title.
      Act of June 26, 1936, referred to in text, popularly known as the
    Oklahoma Welfare Act, is classified generally to subchapter VIII
    (Sec. 501 et seq.) of this chapter. For complete classification of
    this Act to the Code, see Short Title note set out under section
    501 of this title and Tables. Provisions of the Act relating to the
    revolving fund appear in section 506 of this title.
      Funds in the revolving fund authorized by these Acts, and certain
    other sums, to be administered after Apr. 12, 1974, as a single
    Indian Revolving Loan Fund, see section 1461 of this title.

-End-



-CITE-
    25 USC Sec. 443a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 443a. Conveyance to Indian tribes of federally owned
      buildings, improvements, or facilities; disposition of property
      by Indians; forfeiture; "Indian" defined

-STATUTE-
      The Secretary of the Interior at the request of any Indian tribe,
    band, or group is authorized to convey to such Indian tribe, band,
    or group, by such means as he may deem appropriate, title to any
    federally owned buildings, improvements, or facilities (including
    any personal property used in connection with such buildings,
    improvements, or facilities) that are situated on lands of such
    tribe, band, or group or on lands reserved for the administration
    of its affairs, and that are no longer required by the Secretary
    for the administration of Indian affairs. Any tribe, band, or group
    to which property is conveyed pursuant to this section may dispose
    of such property whenever its governing body determines that the
    property is no longer needed for its use. If, at any time while
    property conveyed pursuant to this section remains in the ownership
    of any Indian tribe, band, or group, the Secretary of the Interior
    determines that such property is not being adequately maintained or
    properly utilized by such tribe, band, or group or that the
    property creates a health or safety hazard or other undesirable
    condition, he may declare a forfeiture of the conveyance and the
    title to such property shall thereupon revert to the United States.
    Such determination by the Secretary shall be final.
      For the purpose of this section, the term "Indian" shall include
    Eskimos and Aleuts.

-SOURCE-
    (Aug. 6, 1956, ch. 979, 70 Stat. 1057.)

-End-



-CITE-
    25 USC Sec. 443b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 443b. Indian goods and supplies

-STATUTE-
      Payment for transportation of Indian goods and supplies shall
    include all Indian transportation lawfully due such land-grant
    railroads as have not received aid in Government bonds (to be
    adjusted in accordance with the decisions of the Supreme Court in
    cases decided under such land-grant Acts), but in no case shall
    more than 50 per centum of full amount of service be paid to said
    land-grant roads: Provided, That such compensation shall be
    computed upon the basis of the tariff or lower special rates for
    like transportation performed for the public at large, and shall be
    accepted as in full for all demands for such service: Provided
    further, That on and after April 30, 1908 in expending money
    appropriated for this purpose a railroad company which has not
    received aid in bonds of the United States, and which obtained a
    grant of public lands to aid in the construction of its railroad on
    condition that such railroad should be a post route and military
    road, subject to the use of the United States for postal, military,
    naval, and other Government services, and also subject to such
    regulations as Congress may impose, restricting the charge for such
    government transportation, having claims against the United States
    for transportation of Indian goods and supplies over such aided
    railroads, shall be paid out of the moneys appropriated for such
    purpose only on the basis of such rate for the transportation of
    such Indian goods and supplies as the Secretary of the Interior
    shall deem just and reasonable under the provisions set forth
    herein, such rate not to exceed 50 per centum of the compensation
    for such Government transportation as shall at that time be charged
    to and paid by private parties to any such company for like and
    similar transportation; and the amount so fixed to be paid shall be
    accepted as in full for all demands for such service.

-SOURCE-
    (Apr. 30, 1908, ch. 153, 35 Stat. 73.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 93 of Title 45,
    Railroads.

-End-



-CITE-
    25 USC Secs. 444 to 449                                     01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Secs. 444 to 449. Repealed.

-MISC1-
    Secs. 444 to 449. Repealed. Aug. 5, 1954, ch. 658, Sec. 5, 68 Stat.
      675.
      Sections, act Apr. 3, 1952, ch. 129, Secs. 1-6, 66 Stat. 35,
    related to Indian hospital services and facilities. See section
    2001 et seq. of Title 42, The Public Health and Welfare.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective July 1, 1959, see section 6 of act Aug. 5, 1954,
    set out as an Effective Date note under section 2001 of Title 42,
    The Public Health and Welfare.

-End-


-CITE-
    25 USC SUBCHAPTER II - INDIAN SELF-DETERMINATION AND
           EDUCATION ASSISTANCE                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE

-HEAD-
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE

-End-



-CITE-
    25 USC Sec. 450                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE

-HEAD-
    Sec. 450. Congressional statement of findings

-STATUTE-
    (a) Findings respecting historical and special legal relationship,
      and resultant responsibilities
      The Congress, after careful review of the Federal Government's
    historical and special legal relationship with, and resulting
    responsibilities to, American Indian people, finds that - 
        (1) the prolonged Federal domination of Indian service programs
      has served to retard rather than enhance the progress of Indian
      people and their communities by depriving Indians of the full
      opportunity to develop leadership skills crucial to the
      realization of self-government, and has denied to the Indian
      people an effective voice in the planning and implementation of
      programs for the benefit of Indians which are responsive to the
      true needs of Indian communities; and
        (2) the Indian people will never surrender their desire to
      control their relationships both among themselves and with non-
      Indian governments, organizations, and persons.
    (b) Further findings
      The Congress further finds that - 
        (1) true self-determination in any society of people is
      dependent upon an educational process which will insure the
      development of qualified people to fulfill meaningful leadership
      roles;
        (2) the Federal responsibility for and assistance to education
      of Indian children has not effected the desired level of
      educational achievement or created the diverse opportunities and
      personal satisfaction which education can and should provide; and
        (3) parental and community control of the educational process
      is of crucial importance to the Indian people.

-SOURCE-
    (Pub. L. 93-638, Sec. 2, Jan. 4, 1975, 88 Stat. 2203.)


-MISC1-
                      SHORT TITLE OF 2000 AMENDMENTS                  
      Pub. L. 106-568, title VIII, Sec. 801, Dec. 27, 2000, 114 Stat.
    2916, provided that: "This title [amending sections 450l, 458cc,
    1407, and 3207 of this title and sections 5604, 5608, and 5609 of
    Title 20, Education, and repealing section 84 of this title and
    sections 438 and 439 of Title 18, Crimes and Criminal Procedure]
    may be cited as the 'Native American Laws Technical Corrections Act
    of 2000'."
      Pub. L. 106-568, title XIII, Sec. 1301, Dec. 27, 2000, 114 Stat.
    2936, provided that: "This title [enacting part F (Sec. 458bbb et
    seq.) of this subchapter] may be cited as the 'American Indian
    Education Foundation Act of 2000'."
      Pub. L. 106-260, Sec. 1, Aug. 18, 2000, 114 Stat. 711, provided
    that: "This Act [enacting part E (Sec. 458aaa et seq.) of this
    subchapter, amending sections 450f, 450j, and 450j-1 of this title,
    enacting provisions set out as notes under sections 450f and 458aaa
    of this title, and repealing provisions set out as a note under
    section 450f of this title] may be cited as the 'Tribal Self-
    Governance Amendments of 2000'."

                       SHORT TITLE OF 1994 AMENDMENT                   
      Pub. L. 103-413, Sec. 1, Oct. 25, 1994, 108 Stat. 4250, provided
    that: "This Act [enacting part D (Sec. 458aa et seq.) of this
    subchapter and section 450l of this title, amending sections 450b,
    450c, 450e, 450f, 450j to 450k, 450m, and 450m-1 of this title, and
    enacting provisions set out as notes under this section and section
    458aa of this title] may be cited as the 'Indian Self-Determination
    Act Amendments of 1994'."
      Pub. L. 103-413, title I, Sec. 101, Oct. 25, 1994, 108 Stat.
    4250, provided that: "This title [enacting section 450l of this
    title and amending sections 450b, 450c, 450e, 450f, 450j to 450k,
    450m, and 450m-1 of this title] may be cited as the 'Indian Self-
    Determination Contract Reform Act of 1994'."
      Pub. L. 103-413, title II, Sec. 201, Oct. 25, 1994, 108 Stat.
    4270, provided that: "This title [enacting part D (Sec. 458aa et
    seq.) of this subchapter and provisions set out as notes under
    section 458aa of this title] may be cited as the 'Tribal Self-
    Governance Act of 1994'."

                       SHORT TITLE OF 1990 AMENDMENT                   
      Pub. L. 101-644, title II, Sec. 201, Nov. 29, 1990, 104 Stat.
    4665, provided that: "This title [amending sections 450b, 450c,
    450f, 450h, 450j, 450j-1, and 450k of this title and enacting
    provisions set out as a note under section 450h of this title] may
    be cited as the 'Indian Self-Determination and Education Assistance
    Act Amendments of 1990'."

                       SHORT TITLE OF 1988 AMENDMENT                   
      Pub. L. 100-472, title I, Sec. 101, Oct. 5, 1988, 102 Stat. 2285,
    provided that: "This Act [enacting sections 450j-1 and 450m-1 of
    this title, amending sections 13a, 450a to 450c, 450f to 450j,
    450k, and 450n of this title, sections 3371 and 3372 of Title 5,
    Government Organization and Employees, sections 2004b and 4762 of
    Title 42, The Public Health and Welfare, and section 456 of the
    Appendix to Title 50, War and National Defense, transferring
    section 450l of this title to section 450c(f) of this title, and
    enacting provisions set out as notes under this section and section
    450f of this title] may be cited as the 'Indian Self-Determination
    and Education Assistance Act Amendments of 1988'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 93-638 provided: "That this Act [enacting
    this subchapter, section 13a of this title, and section 2004b of
    Title 42, The Public Health and Welfare, amending section 3371 of
    Title 5, Government Organization and Employees, section 4762 of
    Title 42, and section 456 of Title 50, Appendix, War and National
    Defense, and enacting provisions set out as notes under sections
    450f, 455, and 457 of this title] may be cited as the 'Indian Self-
    Determination and Education Assistance Act'."
      Section 101 of title I of Pub. L. 93-638 provided that: "This
    title [enacting part A (Sec. 450f et seq.) of this subchapter and
    section 2004b of Title 42, The Public Health and Welfare, and
    amending section 3371 of Title 5, Government Organization and
    Employees, section 4762 of Title 42, and section 456 of the
    Appendix to Title 50, War and National Defense] may be cited as the
    'Indian Self-Determination Act'."
      Section 201 of title II of Pub. L. 93-638 provided that: "This
    title [enacting part C (Sec. 458 et seq.) of this subchapter,
    sections 455 to 457 of this title, and provisions set out as a note
    under section 457 of this title] may be cited as the 'Indian
    Education Assistance Act'."

                            SAVINGS PROVISIONS                        
      Pub. L. 100-472, title II, Sec. 210, Oct. 5, 1988, 102 Stat.
    2298, provided that: "Nothing in this Act [see Short Title of 1988
    Amendment note above] shall be construed as - 
        "(1) affecting, modifying, diminishing, or otherwise impairing
      the sovereign immunity from suit enjoyed by an Indian tribe; or
        "(2) authorizing or requiring the termination of any existing
      trust responsibility of the United States with respect to Indian
      people."

                               SEVERABILITY                           
      Pub. L. 100-472, title II, Sec. 211, Oct. 5, 1988, 102 Stat.
    2298, provided that: "If any provision of this Act [see Short Title
    of 1988 Amendment note above] or the application thereof to any
    Indian tribe, entity, person or circumstance is held invalid,
    neither the remainder of this Act, nor the application of any
    provisions herein to other Indian tribes, entities, persons, or
    circumstances, shall be affected thereby."

               CONSULTATION WITH ALASKA NATIVE CORPORATIONS           
      Pub. L. 108-199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 452,
    as amended by Pub. L. 108-447, div. H, title V, Sec. 518, Dec. 8,
    2004, 118 Stat. 3267, provided that: "The Director of the Office of
    Management and Budget and all Federal agencies shall hereafter
    consult with Alaska Native corporations on the same basis as Indian
    tribes under Executive Order No. 13175 [set out below]."


-EXEC-
                         EXECUTIVE ORDER NO. 13084                     
      Ex. Ord. No. 13084, May 14, 1998, 63 F.R. 27655, which provided
    for agencies to establish regular and meaningful consultation and
    collaboration with Indian tribal governments in the development of
    regulatory practices on Federal matters that significantly or
    uniquely affect their communities, to reduce the imposition of
    unfunded mandates upon Indian tribal governments, and to streamline
    the application process for and increase the availability of
    waivers to Indian tribal governments, was revoked, effective 60
    days after Nov. 6, 2000, by Ex. Ord. No. 13175, Sec. 9(c), Nov. 6,
    2000, 65 F.R. 67251, set out below.

       EX. ORD. NO. 13175. CONSULTATION AND COORDINATION WITH INDIAN
                            TRIBAL GOVERNMENTS
      Ex. Ord. No. 13175, Nov. 6, 2000, 65 F.R. 67249, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, and in order to
    establish regular and meaningful consultation and collaboration
    with tribal officials in the development of Federal policies that
    have tribal implications, to strengthen the United States
    government-to-government relationships with Indian tribes, and to
    reduce the imposition of unfunded mandates upon Indian tribes; it
    is hereby ordered as follows:
      Section 1. Definitions. For purposes of this order:
      (a) "Policies that have tribal implications" refers to
    regulations, legislative comments or proposed legislation, and
    other policy statements or actions that have substantial direct
    effects on one or more Indian tribes, on the relationship between
    the Federal Government and Indian tribes, or on the distribution of
    power and responsibilities between the Federal Government and
    Indian tribes.
      (b) "Indian tribe" means an Indian or Alaska Native tribe, band,
    nation, pueblo, village, or community that the Secretary of the
    Interior acknowledges to exist as an Indian tribe pursuant to the
    Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. 479a.
      (c) "Agency" means any authority of the United States that is an
    "agency" under 44 U.S.C. 3502(1), other than those considered to be
    independent regulatory agencies, as defined in 44 U.S.C. 3502(5).
      (d) "Tribal officials" means elected or duly appointed officials
    of Indian tribal governments or authorized intertribal
    organizations.
      Sec. 2. Fundamental Principles. In formulating or implementing
    policies that have tribal implications, agencies shall be guided by
    the following fundamental principles:
      (a) The United States has a unique legal relationship with Indian
    tribal governments as set forth in the Constitution of the United
    States, treaties, statutes, Executive Orders, and court decisions.
    Since the formation of the Union, the United States has recognized
    Indian tribes as domestic dependent nations under its protection.
    The Federal Government has enacted numerous statutes and
    promulgated numerous regulations that establish and define a trust
    relationship with Indian tribes.
      (b) Our Nation, under the law of the United States, in accordance
    with treaties, statutes, Executive Orders, and judicial decisions,
    has recognized the right of Indian tribes to self-government. As
    domestic dependent nations, Indian tribes exercise inherent
    sovereign powers over their members and territory. The United
    States continues to work with Indian tribes on a government-to-
    government basis to address issues concerning Indian tribal self-
    government, tribal trust resources, and Indian tribal treaty and
    other rights.
      (c) The United States recognizes the right of Indian tribes to
    self-government and supports tribal sovereignty and self-
    determination.
      Sec. 3. Policymaking Criteria. In addition to adhering to the
    fundamental principles set forth in section 2, agencies shall
    adhere, to the extent permitted by law, to the following criteria
    when formulating and implementing policies that have tribal
    implications:
      (a) Agencies shall respect Indian tribal self-government and
    sovereignty, honor tribal treaty and other rights, and strive to
    meet the responsibilities that arise from the unique legal
    relationship between the Federal Government and Indian tribal
    governments.
      (b) With respect to Federal statutes and regulations administered
    by Indian tribal governments, the Federal Government shall grant
    Indian tribal governments the maximum administrative discretion
    possible.
      (c) When undertaking to formulate and implement policies that
    have tribal implications, agencies shall:
      (1) encourage Indian tribes to develop their own policies to
    achieve program objectives;
      (2) where possible, defer to Indian tribes to establish
    standards; and
      (3) in determining whether to establish Federal standards,
    consult with tribal officials as to the need for Federal standards
    and any alternatives that would limit the scope of Federal
    standards or otherwise preserve the prerogatives and authority of
    Indian tribes.
      Sec. 4. Special Requirements for Legislative Proposals. Agencies
    shall not submit to the Congress legislation that would be
    inconsistent with the policymaking criteria in Section 3.
      Sec. 5. Consultation. (a) Each agency shall have an accountable
    process to ensure meaningful and timely input by tribal officials
    in the development of regulatory policies that have tribal
    implications. Within 30 days after the effective date of this
    order, the head of each agency shall designate an official with
    principal responsibility for the agency's implementation of this
    order. Within 60 days of the effective date of this order, the
    designated official shall submit to the Office of Management and
    Budget (OMB) a description of the agency's consultation process.
      (b) To the extent practicable and permitted by law, no agency
    shall promulgate any regulation that has tribal implications, that
    imposes substantial direct compliance costs on Indian tribal
    governments, and that is not required by statute, unless:
      (1) funds necessary to pay the direct costs incurred by the
    Indian tribal government or the tribe in complying with the
    regulation are provided by the Federal Government; or
      (2) the agency, prior to the formal promulgation of the
    regulation,
        (A) consulted with tribal officials early in the process of
      developing the proposed regulation;
        (B) in a separately identified portion of the preamble to the
      regulation as it is to be issued in the Federal Register,
      provides to the Director of OMB a tribal summary impact
      statement, which consists of a description of the extent of the
      agency's prior consultation with tribal officials, a summary of
      the nature of their concerns and the agency's position supporting
      the need to issue the regulation, and a statement of the extent
      to which the concerns of tribal officials have been met; and
        (C) makes available to the Director of OMB any written
      communications submitted to the agency by tribal officials.
      (c) To the extent practicable and permitted by law, no agency
    shall promulgate any regulation that has tribal implications and
    that preempts tribal law unless the agency, prior to the formal
    promulgation of the regulation,
      (1) consulted with tribal officials early in the process of
    developing the proposed regulation;
      (2) in a separately identified portion of the preamble to the
    regulation as it is to be issued in the Federal Register, provides
    to the Director of OMB a tribal summary impact statement, which
    consists of a description of the extent of the agency's prior
    consultation with tribal officials, a summary of the nature of
    their concerns and the agency's position supporting the need to
    issue the regulation, and a statement of the extent to which the
    concerns of tribal officials have been met; and
      (3) makes available to the Director of OMB any written
    communications submitted to the agency by tribal officials.
      (d) On issues relating to tribal self-government, tribal trust
    resources, or Indian tribal treaty and other rights, each agency
    should explore and, where appropriate, use consensual mechanisms
    for developing regulations, including negotiated rulemaking.
      Sec. 6. Increasing Flexibility for Indian Tribal Waivers.
      (a) Agencies shall review the processes under which Indian tribes
    apply for waivers of statutory and regulatory requirements and take
    appropriate steps to streamline those processes.
      (b) Each agency shall, to the extent practicable and permitted by
    law, consider any application by an Indian tribe for a waiver of
    statutory or regulatory requirements in connection with any program
    administered by the agency with a general view toward increasing
    opportunities for utilizing flexible policy approaches at the
    Indian tribal level in cases in which the proposed waiver is
    consistent with the applicable Federal policy objectives and is
    otherwise appropriate.
      (c) Each agency shall, to the extent practicable and permitted by
    law, render a decision upon a complete application for a waiver
    within 120 days of receipt of such application by the agency, or as
    otherwise provided by law or regulation. If the application for
    waiver is not granted, the agency shall provide the applicant with
    timely written notice of the decision and the reasons therefor.
      (d) This section applies only to statutory or regulatory
    requirements that are discretionary and subject to waiver by the
    agency.
      Sec. 7. Accountability.
      (a) In transmitting any draft final regulation that has tribal
    implications to OMB pursuant to Executive Order 12866 of September
    30, 1993 [5 U.S.C. 601 note], each agency shall include a
    certification from the official designated to ensure compliance
    with this order stating that the requirements of this order have
    been met in a meaningful and timely manner.
      (b) In transmitting proposed legislation that has tribal
    implications to OMB, each agency shall include a certification from
    the official designated to ensure compliance with this order that
    all relevant requirements of this order have been met.
      (c) Within 180 days after the effective date of this order the
    Director of OMB and the Assistant to the President for
    Intergovernmental Affairs shall confer with tribal officials to
    ensure that this order is being properly and effectively
    implemented.
      Sec. 8. Independent Agencies. Independent regulatory agencies are
    encouraged to comply with the provisions of this order.
      Sec. 9. General Provisions. (a) This order shall supplement but
    not supersede the requirements contained in Executive Order 12866
    (Regulatory Planning and Review) [5 U.S.C. 601 note], Executive
    Order 12988 (Civil Justice Reform) [28 U.S.C. 519 note], OMB
    Circular A-19, and the Executive Memorandum of April 29, 1994, on
    Government-to-Government Relations with Native American Tribal
    Governments [set out below].
      (b) This order shall complement the consultation and waiver
    provisions in sections 6 and 7 of Executive Order 13132
    (Federalism) [5 U.S.C. 601 note].
      (c) Executive Order 13084 (Consultation and Coordination with
    Indian Tribal Governments) is revoked at the time this order takes
    effect.
      (d) This order shall be effective 60 days after the date of this
    order.
      Sec. 10. Judicial Review. This order is intended only to improve
    the internal management of the executive branch, and is not
    intended to create any right, benefit, or trust responsibility,
    substantive or procedural, enforceable at law by a party against
    the United States, its agencies, or any person.
                                                     William J. Clinton.

      GOVERNMENT-TO-GOVERNMENT RELATIONS WITH NATIVE AMERICAN TRIBAL
                                GOVERNMENTS
      Memorandum of President of the United States, Apr. 29, 1994, 59
    F.R. 22951, provided:
      Memorandum for the Heads of Executive Departments and Agencies
      The United States Government has a unique legal relationship with
    Native American tribal governments as set forth in the Constitution
    of the United States, treaties, statutes, and court decisions. As
    executive departments and agencies undertake activities affecting
    Native American tribal rights or trust resources, such activities
    should be implemented in a knowledgeable, sensitive manner
    respectful of tribal sovereignty. Today, as part of an historic
    meeting, I am outlining principles that executive departments and
    agencies, including every component bureau and office, are to
    follow in their interactions with Native American tribal
    governments. The purpose of these principles is to clarify our
    responsibility to ensure that the Federal Government operates
    within a government-to-government relationship with federally
    recognized Native American tribes. I am strongly committed to
    building a more effective day-to-day working relationship
    reflecting respect for the rights of self-government due the
    sovereign tribal governments.
      In order to ensure that the rights of sovereign tribal
    governments are fully respected, executive branch activities shall
    be guided by the following:
      (a) The head of each executive department and agency shall be
    responsible for ensuring that the department or agency operates
    within a government-to-government relationship with federally
    recognized tribal governments.
      (b) Each executive department and agency shall consult, to the
    greatest extent practicable and to the extent permitted by law,
    with tribal governments prior to taking actions that affect
    federally recognized tribal governments. All such consultations are
    to be open and candid so that all interested parties may evaluate
    for themselves the potential impact of relevant proposals.
      (c) Each executive department and agency shall assess the impact
    of Federal Government plans, projects, programs, and activities on
    tribal trust resources and assure that tribal government rights and
    concerns are considered during the development of such plans,
    projects, programs, and activities.
      (d) Each executive department and agency shall take appropriate
    steps to remove any procedural impediments to working directly and
    effectively with tribal governments on activities that affect the
    trust property and/or governmental rights of the tribes.
      (e) Each executive department and agency shall work cooperatively
    with other Federal departments and agencies to enlist their
    interest and support in cooperative efforts, where appropriate, to
    accomplish the goals of this memorandum.
      (f) Each executive department and agency shall apply the
    requirements of Executive Orders Nos. 12875 ("Enhancing the
    Intergovernmental Partnership") [former 5 U.S.C. 601 note] and
    12866 ("Regulatory Planning and Review") [5 U.S.C. 601 note] to
    design solutions and tailor Federal programs, in appropriate
    circumstances, to address specific or unique needs of tribal
    communities.
      The head of each executive department and agency shall ensure
    that the department or agency's bureaus and components are fully
    aware of this memorandum, through publication or other means, and
    that they are in compliance with its requirements.
      This memorandum is intended only to improve the internal
    management of the executive branch and is not intended to, and does
    not, create any right to administrative or judicial review, or any
    other right or benefit or trust responsibility, substantive or
    procedural, enforceable by a party against the United States, its
    agencies or instrumentalities, its officers or employees, or any
    other person.
      The Director of the Office of Management and Budget is authorized
    and directed to publish this memorandum in the Federal Register.
                                                     William J. Clinton.

-End-



-CITE-
    25 USC Sec. 450a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE

-HEAD-
    Sec. 450a. Congressional declaration of policy

-STATUTE-
    (a) Recognition of obligation of United States
      The Congress hereby recognizes the obligation of the United
    States to respond to the strong expression of the Indian people for
    self-determination by assuring maximum Indian participation in the
    direction of educational as well as other Federal services to
    Indian communities so as to render such services more responsive to
    the needs and desires of those communities.
    (b) Declaration of commitment
      The Congress declares its commitment to the maintenance of the
    Federal Government's unique and continuing relationship with, and
    responsibility to, individual Indian tribes and to the Indian
    people as a whole through the establishment of a meaningful Indian
    self-determination policy which will permit an orderly transition
    from the Federal domination of programs for, and services to,
    Indians to effective and meaningful participation by the Indian
    people in the planning, conduct, and administration of those
    programs and services. In accordance with this policy, the United
    States is committed to supporting and assisting Indian tribes in
    the development of strong and stable tribal governments, capable of
    administering quality programs and developing the economies of
    their respective communities.
    (c) Declaration of national goal
      The Congress declares that a major national goal of the United
    States is to provide the quantity and quality of educational
    services and opportunities which will permit Indian children to
    compete and excel in the life areas of their choice, and to achieve
    the measure of self-determination essential to their social and
    economic well-being.

-SOURCE-
    (Pub. L. 93-638, Sec. 3, Jan. 4, 1975, 88 Stat. 2203; Pub. L. 100-
    472, title I, Sec. 102, Oct. 5, 1988, 102 Stat. 2285.)


-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (b). Pub. L. 100-472 added subsec. (b) and struck
    out former subsec. (b) which read as follows: "The Congress
    declares its commitment to the maintenance of the Federal
    Government's unique and continuing relationship with and
    responsibility to the Indian people through the establishment of a
    meaningful Indian self-determination policy which will permit an
    orderly transition from Federal domination of programs for and
    services to Indians to effective and meaningful participation by
    the Indian people in the planning, conduct, and administration of
    those programs and services."

-End-



-CITE-
    25 USC Sec. 450a-1                                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE

-HEAD-
    Sec. 450a-1. Tribal and Federal advisory committees

-STATUTE-
      Notwithstanding any other provision of law (including any
    regulation), the Secretary of the Interior and the Secretary of
    Health and Human Services are authorized to jointly establish and
    fund advisory committees or other advisory bodies composed of
    members of Indian tribes or members of Indian tribes and
    representatives of the Federal Government to ensure tribal
    participation in the implementation of the Indian Self-
    Determination and Education Assistance Act (Public Law 93-638) [25
    U.S.C. 450 et seq.].

-SOURCE-
    (Pub. L. 101-644, title II, Sec. 204, as added Pub. L. 103-435,
    Sec. 22(b), Nov. 2, 1994, 108 Stat. 4575.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Self-Determination and Education Assistance Act,
    referred to in text, is Pub. L. 93-638, Jan. 4, 1975, 88 Stat.
    2203, as amended, which is classified principally to this
    subchapter (Sec. 450 et seq.). For complete classification of this
    Act to the Code, see Short Title note set out under section 450 of
    this title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Indian Self-Determination and
    Education Assistance Act Amendments of 1990, and not as part of the
    Indian Self-Determination and Education Assistance Act which
    comprises this subchapter.

-End-



-CITE-
    25 USC Sec. 450b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE

-HEAD-
    Sec. 450b. Definitions

-STATUTE-
      For purposes of this subchapter, the term - 
        (a) "construction programs" means programs for the planning,
      design, construction, repair, improvement, and expansion of
      buildings or facilities, including, but not limited to, housing,
      law enforcement and detention facilities, sanitation and water
      systems, roads, schools, administration and health facilities,
      irrigation and agricultural work, and water conservation, flood
      control, or port facilities;
        (b) "contract funding base" means the base level from which
      contract funding needs are determined, including all contract
      costs;
        (c) "direct program costs" means costs that can be identified
      specifically with a particular contract objective;
        (d) "Indian" means a person who is a member of an Indian tribe;
        (e) "Indian tribe" means any Indian tribe, band, nation, or
      other organized group or community, including any Alaska Native
      village or regional or village corporation as defined in or
      established pursuant to the Alaska Native Claims Settlement Act
      (85 Stat. 688) [43 U.S.C. 1601 et seq.], which is recognized as
      eligible for the special programs and services provided by the
      United States to Indians because of their status as Indians;
        (f) "indirect costs" means costs incurred for a common or joint
      purpose benefiting more than one contract objective, or which are
      not readily assignable to the contract objectives specifically
      benefited without effort disproportionate to the results
      achieved;
        (g) "indirect cost rate" means the rate arrived at through
      negotiation between an Indian tribe or tribal organization and
      the appropriate Federal agency;
        (h) "mature contract" means a self-determination contract that
      has been continuously operated by a tribal organization for three
      or more years, and for which there are no significant and
      material audit exceptions in the annual financial audit of the
      tribal organization: Provided, That upon the request of a tribal
      organization or the tribal organization's Indian tribe for
      purposes of section 450f(a) of this title, a contract of the
      tribal organization which meets this definition shall be
      considered to be a mature contract;
        (i) "Secretary", unless otherwise designated, means either the
      Secretary of Health and Human Services or the Secretary of the
      Interior or both;
        (j) "self-determination contract" means a contract (or grant or
      cooperative agreement utilized under section 450e-1 of this
      title) entered into under part A of this subchapter between a
      tribal organization and the appropriate Secretary for the
      planning, conduct and administration of programs or services
      which are otherwise provided to Indian tribes and their members
      pursuant to Federal law: Provided, That except as provided (!1)
      the last proviso in section 450j(a) (!2) of this title, no
      contract (or grant or cooperative agreement utilized under
      section 450e-1 of this title) entered into under part A of this
      subchapter shall be construed to be a procurement contract;


        (k) "State education agency" means the State board of education
      or other agency or officer primarily responsible for supervision
      by the State of public elementary and secondary schools, or, if
      there is no such officer or agency, an officer or agency
      designated by the Governor or by State law;
        (l) "tribal organization" means the recognized governing body
      of any Indian tribe; any legally established organization of
      Indians which is controlled, sanctioned, or chartered by such
      governing body or which is democratically elected by the adult
      members of the Indian community to be served by such organization
      and which includes the maximum participation of Indians in all
      phases of its activities: Provided, That in any case where a
      contract is let or grant made to an organization to perform
      services benefiting more than one Indian tribe, the approval of
      each such Indian tribe shall be a prerequisite to the letting or
      making of such contract or grant; and
        (m) "construction contract" means a fixed-price or cost-
      reimbursement self-determination contract for a construction
      project, except that such term does not include any contract - 
          (1) that is limited to providing planning services and
        construction management services (or a combination of such
        services);
          (2) for the Housing Improvement Program or roads maintenance
        program of the Bureau of Indian Affairs administered by the
        Secretary of the Interior; or
          (3) for the health facility maintenance and improvement
        program administered by the Secretary of Health and Human
        Services.

-SOURCE-
    (Pub. L. 93-638, Sec. 4, Jan. 4, 1975, 88 Stat. 2204; Pub. L. 100-
    472, title I, Sec. 103, Oct. 5, 1988, 102 Stat. 2286; Pub. L. 100-
    581, title II, Sec. 208, Nov. 1, 1988, 102 Stat. 2940; Pub. L. 101-
    301, Sec. 2(a)(1)-(3), May 24, 1990, 104 Stat. 206; Pub. L. 101-
    644, title II, Sec. 202(1), (2), Nov. 29, 1990, 104 Stat. 4665;
    Pub. L. 103-413, title I, Sec. 102(1), Oct. 25, 1994, 108 Stat.
    4250.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, as
    amended, known as the Indian Self-Determination and Education
    Assistance Act, which is classified principally to this subchapter
    (Sec. 450 et seq.). For complete classification of this Act to the
    Code, see Short Title note set out under section 450 of this title
    and Tables.
      The Alaska Native Claims Settlement Act, referred to in subsec.
    (e), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,
    which is classified generally to chapter 33 (Sec. 1601 et seq.) of
    Title 43, Public Lands. For complete classification of this Act to
    the Code, see Short Title note set out under section 1601 of Title
    43, and Tables.
      Part A of this subchapter, referred to in subsec. (j), was in the
    original "title I of this act", meaning title I of Pub. L. 93-638,
    known as the Indian Self-Determination Act, which is classified
    principally to part A (Sec. 450f et seq.) of this subchapter. For
    complete classification of title I to the Code, see Short Title
    note set out under section 450 of this title and Tables.
      Section 450j(a) of this title, referred to in subsec. (j), was
    repealed and a new subsec. (a) of section 450j was added by Pub. L.
    103-413, title I, Sec. 102(10), Oct. 25, 1994, 108 Stat. 4253,
    which does not contain provisos.


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (g). Pub. L. 103-413, Sec. 102(1)(A), substituted
    "indirect cost rate" for "indirect costs rate".
      Subsec. (m). Pub. L. 103-413, Sec. 102(1)(B)-(D), added subsec.
    (m).
      1990 - Subsec. (e). Pub. L. 101-301, Sec. 2(a)(1), inserted a
    comma before "which is recognized".
      Subsec. (h). Pub. L. 101-644, Sec. 202(1), struck out "in
    existence on October 5, 1988," before "which meets this
    definition".
      Subsec. (j). Pub. L. 101-644, Sec. 202(2), substituted "contract
    (or grant or cooperative agreement utilized under section 450e-1 of
    this title) entered" for "contract entered" in two places.
      Pub. L. 101-301, Sec. 2(a)(2), (3), substituted "under this
    subchapter" for "pursuant to this Act" in two places and struck out
    "the" before "Secretary".
      1988 - Pub. L. 100-472 amended section generally, substituting
    subsecs. (a) to (l) for former subsecs. (a) to (d) and (f) which
    defined "Indian", "Indian tribe", "Tribal organization",
    "Secretary", and "State education agency".
      Subsec. (h). Pub. L. 100-581, Sec. 208(a)(1), substituted "by a
    tribal organization" for "by tribal organization".
      Pub. L. 100-581, Sec. 208(a)(2), which directed the amendment of
    subsec. (h) by substituting "a tribal organization or the tribal
    organization's Indian tribe for purposes of section 450f(a) of this
    title" for "a tribal organization or a tribal governing body" was
    executed by substituting the new language for "a tribal
    organization or tribal governing body" to reflect the probable
    intent of Congress.
      Subsec. (j). Pub. L. 100-581, Sec. 208(b), substituted "the
    Secretary for the planning" for "Secretary the planning" and
    "except as provided the last proviso in section 450j(a) of this
    title, no contract" for "no contract".

-FOOTNOTE-
    (!1) So in original. Probably should be "provided in".

    (!2) See References in Text note below.


-End-



-CITE-
    25 USC Sec. 450c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE

-HEAD-
    Sec. 450c. Reporting and audit requirements for recipients of
      Federal financial assistance

-STATUTE-
    (a) Maintenance of records
      (1) Each recipient of Federal financial assistance under this
    subchapter shall keep such records as the appropriate Secretary
    shall prescribe by regulation promulgated under sections 552 and
    553 of title 5, including records which fully disclose - 
        (A) the amount and disposition by such recipient of the
      proceeds of such assistance,
        (B) the cost of the project or undertaking in connection with
      which such assistance is given or used,
        (C) the amount of that portion of the cost of the project or
      undertaking supplied by other sources, and
        (D) such other information as will facilitate an effective
      audit.

      (2) For the purposes of this subsection, such records for a
    mature contract shall consist of quarterly financial statements for
    the purpose of accounting for Federal funds, the annual single-
    agency audit required by chapter 75 of title 31 (!1) and a brief
    annual program report.

    (b) Access to books, documents, papers, and records for audit and
      examination by Comptroller General, etc.
      The Comptroller General and the appropriate Secretary, or any of
    their duly authorized representatives, shall, until the expiration
    of three years after completion of the project or undertaking
    referred to in the preceding subsection of this section, have
    access (for the purpose of audit and examination) to any books,
    documents, papers, and records of such recipients which in the
    opinion of the Comptroller General or the appropriate Secretary may
    be related or pertinent to the grants, contracts, subcontracts,
    subgrants, or other arrangements referred to in the preceding
    subsection.
    (c) Availability by recipient of required reports and information
      to Indian people served or represented
      Each recipient of Federal financial assistance referred to in
    subsection (a) of this section shall make such reports and
    information available to the Indian people served or represented by
    such recipient as and in a manner determined to be adequate by the
    appropriate Secretary.
    (d) Repayment to Treasury by recipient of unexpended or unused
      funds
      Except as provided in section 13a or 450j-1(a)(3) (!2) of this
    title, funds paid to a financial assistance recipient referred to
    in subsection (a) of this section and not expended or used for the
    purposes for which paid shall be repaid to the Treasury of the
    United States through the respective Secretary.

    (e) Annual report to tribes
      The Secretary shall report annually in writing to each tribe
    regarding projected and actual staffing levels, funding
    obligations, and expenditures for programs operated directly by the
    Secretary serving that tribe.
    (f) Single-agency audit report; additional information; declination
      criteria and procedures
      (1) For each fiscal year during which an Indian tribal
    organization receives or expends funds pursuant to a contract
    entered into, or grant made, under this subchapter, the tribal
    organization that requested such contract or grant shall submit to
    the appropriate Secretary a single-agency audit report required by
    chapter 75 of title 31.
      (2) In addition to submitting a single-agency audit report
    pursuant to paragraph (1), a tribal organization referred to in
    such paragraph shall submit such additional information concerning
    the conduct of the program, function, service, or activity carried
    out pursuant to the contract or grant that is the subject of the
    report as the tribal organization may negotiate with the Secretary.
      (3) Any disagreement over reporting requirements shall be subject
    to the declination criteria and procedures set forth in section
    450f of this title.

-SOURCE-
    (Pub. L. 93-638, Sec. 5, formerly Sec. 5 and title I, Sec. 108,
    Jan. 4, 1975, 88 Stat. 2204, 2212; renumbered and amended Pub. L.
    100-472, title I, Sec. 104, title II, Sec. 208, Oct. 5, 1988, 102
    Stat. 2287, 2296; Pub. L. 100-581, title II, Sec. 209, Nov. 1,
    1988, 102 Stat. 2940; Pub. L. 101-301, Sec. 2(a)(4), May 24, 1990,
    104 Stat. 206; Pub. L. 101-644, title II, Sec. 202(3), Nov. 29,
    1990, 104 Stat. 4665; Pub. L. 103-413, title I, Sec. 102(2), Oct.
    25, 1994, 108 Stat. 4250.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 450j-1(a)(3) of this title, referred to in subsec. (d),
    was repealed and a new subsec. (a)(3) of section 450j-1 was added
    by Pub. L. 103-413, title I, Sec. 102(14)(C), Oct. 25, 1994, 108
    Stat. 4257. See section 450j-1(a)(4) of this title.


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (f). Pub. L. 103-413 added subsec. (f) and struck
    out former subsec. (f) which read as follows: "For each fiscal year
    during which an Indian tribal organization receives or expends
    funds pursuant to a contract or grant under this subchapter, the
    Indian tribe which requested such contract or grant shall submit to
    the appropriate Secretary a report including, but not limited to,
    an accounting of the amounts and purposes for which Federal funds
    were expended, information on the conduct of the program or service
    involved, and such other information as the appropriate Secretary
    may request through regulations promulgated under sections 552 and
    553 of title 5."
      1990 - Subsec. (a)(2). Pub. L. 101-301 substituted "chapter 75 of
    title 31" for "the Single Audit Act of 1984 (98 Stat. 2327, 31
    U.S.C. 7501 et seq.),".
      Subsec. (d). Pub. L. 101-644 substituted "Except as provided in
    section 13a or 450j-1(a)(3) of this title," for "Any" and inserted
    "through the respective Secretary" before period at end.
      1988 - Subsec. (a). Pub. L. 100-472, Sec. 104(a), amended subsec.
    (a) generally. Prior to amendment, subsec. (a) read as follows:
    "Each recipient of Federal financial assistance from the Secretary
    of Interior or the Secretary of Health Education, and Welfare,
    under this Act, shall keep such records as the appropriate
    Secretary shall prescribe, including records which fully disclose
    the amount and disposition by such recipient of the proceeds of
    such assistance, the cost of the project or undertaking in
    connection with which such assistance is given or used, the amount
    of that portion of the cost of the project or undertaking supplied
    by other sources, and such other records as will facilitate an
    effective audit."
      Subsec. (e). Pub. L. 100-581 substituted "to each tribe" for "to
    tribes".
      Pub. L. 100-472, Sec. 104(b), added subsec. (e).
      Subsec. (f). Pub. L. 100-472, Sec. 208, redesignated section 450l
    of this title as subsec. (f) of this section and inserted "through
    regulations promulgated under sections 552 and 553 of title 5".

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a comma.

    (!2) See References in Text note below.


-End-



-CITE-
    25 USC Sec. 450d                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE

-HEAD-
    Sec. 450d. Criminal activities involving grants, contracts, etc.;
      penalties

-STATUTE-
      Whoever, being an officer, director, agent, or employee of, or
    connected in any capacity with, any recipient of a contract,
    subcontract, grant, or subgrant pursuant to this subchapter or the
    Act of April 16, 1934 (48 Stat. 596), as amended [25 U.S.C. 452 et
    seq.], embezzles, willfully misapplies, steals, or obtains by fraud
    any of the money, funds assets, or property which are the subject
    of such a grant, subgrant, contract, or subcontract, shall be fined
    not more than $10,000 or imprisoned for not more than two years, or
    both, but if the amount so embezzled, misapplied, stolen, or
    obtained by fraud does not exceed $100, he shall be fined not more
    than $1,000 or imprisoned not more than one year, or both.

-SOURCE-
    (Pub. L. 93-638, Sec. 6, Jan. 4, 1975, 88 Stat. 2205.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of April 16, 1934, referred to in text, is act Apr. 16, 1934,
    ch. 147, 48 Stat. 596, as amended, popularly known as the Johnson-
    O'Malley Act, which is classified generally to section 452 et seq.
    of this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 452 of this title and
    Tables.

-End-



-CITE-
    25 USC Sec. 450e                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE

-HEAD-
    Sec. 450e. Wage and labor standards

-STATUTE-
    (a) Similar construction in locality
      All laborers and mechanics employed by contractors or
    subcontractors (excluding tribes and tribal organizations) in the
    construction, alteration, or repair, including painting or
    decorating of buildings or other facilities in connection with
    contracts or grants entered into pursuant to this subchapter, shall
    be paid wages at not less than those prevailing on similar
    construction in the locality, as determined by the Secretary of
    Labor in accordance with sections 3141-3144, 3146, and 3147 of
    title 40. With respect to construction, alteration, or repair work
    to which the Act of March 3, 1921 (!1) is applicable under the
    terms of this section, the Secretary of Labor shall have the
    authority and functions set forth in Reorganization Plan Numbered
    14, of 1950, and section 3145 of title 40.

    (b) Preference requirements for wages and grants
      Any contract, subcontract, grant, or subgrant pursuant to this
    subchapter, the Act of April 16, 1934 (48 Stat. 596), as amended
    [25 U.S.C. 452 et seq.], or any other Act authorizing Federal
    contracts with or grants to Indian organizations or for the benefit
    of Indians, shall require that to the greatest extent feasible - 
        (1) preferences and opportunities for training and employment
      in connection with the administration of such contracts or grants
      shall be given to Indians; and
        (2) preference in the award of subcontracts and subgrants in
      connection with the administration of such contracts or grants
      shall be given to Indian organizations and to Indian-owned
      economic enterprises as defined in section 1452 of this title.
    (c) Self-determination contracts
      Notwithstanding subsections (a) and (b) of this section, with
    respect to any self-determination contract, or portion of a self-
    determination contract, that is intended to benefit one tribe, the
    tribal employment or contract preference laws adopted by such tribe
    shall govern with respect to the administration of the contract or
    portion of the contract.

-SOURCE-
    (Pub. L. 93-638, Sec. 7, Jan. 4, 1975, 88 Stat. 2205; Pub. L. 103-
    413, title I, Sec. 102(3), (4), Oct. 25, 1994, 108 Stat. 4251.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of March 3, 1921, referred to in subsec. (a), probably means
    the act of March 3, 1931, ch. 411, 46 Stat. 1494, as amended, known
    as the Davis Bacon Act, which was classified generally to sections
    276a to 276a-5 of former Title 40, Public Buildings, Property, and
    Works, and was repealed and reenacted as sections 3141-3144, 3146,
    and 3147 of Title 40, Public Buildings, Property, and Works, by
    Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,
    1304.
      Reorganization Plan Numbered 14 of 1950, referred to in subsec.
    (a), is set out in the Appendix to Title 5, Government Organization
    and Employees.
      Act of April 16, 1934, referred to in subsec. (b), is act Apr.
    16, 1934, ch. 147, 48 Stat. 596, as amended, popularly known as the
    Johnson-O'Malley Act, which is classified generally to section 452
    et seq. of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 452 of this
    title and Tables.

-COD-
                               CODIFICATION                           
      In subsec. (a), "sections 3141-3144, 3146, and 3147 of title 40"
    substituted for "the Davis-Bacon Act of March 3, 1931 (46 Stat.
    1494), as amended" and "section 3145 of title 40" substituted for
    "section 2 of the Act of June 13, 1934 (48 Stat. 948, 40 U.S.C.
    276c)" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002,
    116 Stat. 1303, the first section of which enacted Title 40, Public
    Buildings, Property, and Works.


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (a). Pub. L. 103-413, Sec. 102(3), substituted "or
    subcontractors (excluding tribes and tribal organizations)" for "of
    subcontractors".
      Subsec. (c). Pub. L. 103-413, Sec. 102(4), added subsec. (c).

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    25 USC Sec. 450e-1                                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE

-HEAD-
    Sec. 450e-1. Grant and cooperative agreements

-STATUTE-
      The provisions of this subchapter shall not be subject to the
    requirements of chapter 63 of title 31: Provided, That a grant
    agreement or a cooperative agreement may be utilized in lieu of a
    contract under sections 450f and 450g (!1) of this title when
    mutually agreed to by the appropriate Secretary and the tribal
    organization involved.


-SOURCE-
    (Pub. L. 93-638, Sec. 9, as added Pub. L. 98-250, Sec. 1, Apr. 3,
    1984, 98 Stat. 118; amended Pub. L. 101-301, Sec. 2(a)(5), May 24,
    1990, 104 Stat. 206.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 450g of this title, referred to in text, was in the
    original "section 103 of this Act", meaning section 103 of Pub. L.
    93-638, the Indian Self-Determination Act. Section 103(a) and (b)
    and the first sentence of section 103(c) of Pub. L. 93-638, were
    repealed, and the remainder of section 103(c) of Pub. L. 93-638,
    was redesignated as section 102(d) of Pub. L. 93-638 (section
    450f(d) of this title), by Pub. L. 100-472, title II, Sec.
    201(b)(1), Oct. 5, 1988, 102 Stat. 2289. Section 104 of Pub. L. 93-
    638 was renumbered as section 103 of Pub. L. 93-638 by section
    202(a) of Pub. L. 100-472, and is classified to section 450h of
    this title.


-MISC1-
                                AMENDMENTS                            
      1990 - Pub. L. 101-301 substituted "chapter 63 of title 31" for
    "the Federal Grant and Cooperative Agreement Act of 1977 (Pub. L.
    95-224; 92 Stat. 3)".

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    25 USC Sec. 450e-2                                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE

-HEAD-
    Sec. 450e-2. Use of excess funds

-STATUTE-
      Beginning in fiscal year 1998 and thereafter, where the actual
    costs of construction projects under self-determination contracts,
    compacts, or grants, pursuant to Public Laws 93-638, 103-413, or
    100-297, are less than the estimated costs thereof, use of the
    resulting excess funds shall be determined by the appropriate
    Secretary after consultation with the tribes.

-SOURCE-
    (Pub. L. 105-83, title III, Sec. 310, Nov. 14, 1997, 111 Stat.
    1590.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 93-638, referred to in text, is Pub. L. 93-638, Jan.
    4, 1975, 88 Stat. 2203, as amended, known as the Indian Self-
    Determination and Education Assistance Act, which is classified
    principally to this subchapter (Sec. 450 et seq.). For complete
    classification of this Act to the Code, see Short Title note set
    out under section 450 of this title and Tables.
      Public Law 103-413, referred to in text, is Pub. L. 103-413, Oct.
    25, 1994, 108 Stat. 4250, known as the Indian Self-Determination
    Act Amendments of 1994, which is classified principally to part D
    (Sec. 458aa et seq.) of this subchapter. For complete
    classification of this Act to the Code, see Short Title of 1994
    Amendment note set out under section 450 of this title and Tables.
      Public Law 100-297, referred to in text, is Pub. L. 100-297, Apr.
    28, 1988, 102 Stat. 130, as amended, known as the Augustus F.
    Hawkins-Robert T. Stafford Elementary and Secondary School
    Improvement Amendments of 1988. For complete classification of this
    Act to the Code, see Short Title of 1988 Amendments note set out
    under section 6301 of Title 20, Education, and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Department of the Interior and
    Related Agencies Appropriations Act, 1998, and not as part of the
    Indian Self-Determination and Education Assistance Act which
    comprises this subchapter.


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in the
    following prior appropriation acts:
      Pub. L. 104-208, div. A, title I, Sec. 101(d) [title III, Sec.
    310], Sept. 30, 1996, 110 Stat. 3009-181, 3009-221.
      Pub. L. 104-134, title I, Sec. 101(c) [title III, Sec. 310], Apr.
    26, 1996, 110 Stat. 1321-156, 1321-197; renumbered title I, Pub. L.
    104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327.

-End-



-CITE-
    25 USC Sec. 450e-3                                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE

-HEAD-
    Sec. 450e-3. Investment of advance payments; restrictions

-STATUTE-
      Advance payments made by the Department of the Interior to Indian
    tribes, tribal organizations, and tribal consortia pursuant to the
    Indian Self-Determination and Education Assistance Act (25 U.S.C.
    450 et seq.) or the Tribally Controlled Schools Act of 1988 (25
    U.S.C. 2501 et seq.) may on and after December 8, 2004, be invested
    by the Indian tribe, tribal organization, or consortium before such
    funds are expended for the purposes of the grant, compact, or
    annual funding agreement so long as such funds are - 
        (1) invested by the Indian tribe, tribal organization, or
      consortium only in obligations of the United States, or in
      obligations or securities that are guaranteed or insured by the
      United States, or mutual (or other) funds registered with the
      Securities and Exchange Commission and which only invest in
      obligations of the United States or securities that are
      guaranteed or insured by the United States; or
        (2) deposited only into accounts that are insured by an agency
      or instrumentality of the United States, or are fully
      collateralized to ensure protection of the funds, even in the
      event of a bank failure.

-SOURCE-
    (Pub. L. 108-447, div. E, title I, Sec. 111, Dec. 8, 2004, 118
    Stat. 3064.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Self-Determination and Education Assistance Act,
    referred to in text, is Pub. L. 93-638, Jan. 4, 1975, 88 Stat.
    2203, as amended, which is classified principally to this
    subchapter (Sec. 450 et seq.). For complete classification of this
    Act to the Code, see Short Title note set out under section 450 of
    this title and Tables.
      The Tribally Controlled Schools Act of 1988, referred to in text,
    is part B (Secs. 5201-5212) of title V of Pub. L. 100-297, Apr. 28,
    1988, 102 Stat. 385, as amended, which is classified generally to
    chapter 27 (Sec. 2501 et seq.) of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2501 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Department of the Interior and
    Related Agencies Appropriations Act, 2005, and also as part of the
    Consolidated Appropriations Act, 2005, and not as part of the
    Indian Self-Determination and Education Assistance Act which
    comprises this subchapter.


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in the
    following prior appropriation acts:
      Pub. L. 108-108, title I, Sec. 111, Nov. 10, 2003, 117 Stat.
    1266.
      Pub. L. 108-7, div. F, title I, Sec. 111, Feb. 20, 2003, 117
    Stat. 239.
      Pub. L. 107-63, title I, Sec. 111, Nov. 5, 2001, 115 Stat. 438.
      Pub. L. 106-291, title I, Sec. 111, Oct. 11, 2000, 114 Stat. 942.
      Pub. L. 106-113, div. B, Sec. 1000(a)(3), [title I, Sec. 111],
    Nov. 29, 1999, 113 Stat. 1535, 1501A-156.
      Pub. L. 105-277, div. A, Sec. 101(e), [title I, Sec. 111], Oct.
    21, 1998, 112 Stat. 2681-231, 2681-254.
      Pub. L. 105-83, title I, Sec. 112, Nov. 14, 1997, 111 Stat. 1562.

-End-


-CITE-
    25 USC Part A - Indian Self-Determination                   01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part A - Indian Self-Determination

-HEAD-
                    PART A - INDIAN SELF-DETERMINATION                

-End-



-CITE-
    25 USC Sec. 450f                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part A - Indian Self-Determination

-HEAD-
    Sec. 450f. Self-determination contracts

-STATUTE-
    (a) Request by tribe; authorized programs
      (1) The Secretary is directed, upon the request of any Indian
    tribe by tribal resolution, to enter into a self-determination
    contract or contracts with a tribal organization to plan, conduct,
    and administer programs or portions thereof, including construction
    programs - 
        (A) provided for in the Act of April 16, 1934 (48 Stat. 596),
      as amended [25 U.S.C. 452 et seq.];
        (B) which the Secretary is authorized to administer for the
      benefit of Indians under the Act of November 2, 1921 (42 Stat.
      208) [25 U.S.C. 13], and any Act subsequent thereto;
        (C) provided by the Secretary of Health and Human Services
      under the Act of August 5, 1954 (68 Stat. 674), as amended [42
      U.S.C. 2001 et seq.];
        (D) administered by the Secretary for the benefit of Indians
      for which appropriations are made to agencies other than the
      Department of Health and Human Services or the Department of the
      Interior; and
        (E) for the benefit of Indians because of their status as
      Indians without regard to the agency or office of the Department
      of Health and Human Services or the Department of the Interior
      within which it is performed.

    The programs, functions, services, or activities that are
    contracted under this paragraph shall include administrative
    functions of the Department of the Interior and the Department of
    Health and Human Services (whichever is applicable) that support
    the delivery of services to Indians, including those administrative
    activities supportive of, but not included as part of, the service
    delivery programs described in this paragraph that are otherwise
    contractable. The administrative functions referred to in the
    preceding sentence shall be contractable without regard to the
    organizational level within the Department that carries out such
    functions.
      (2) If so authorized by an Indian tribe under paragraph (1) of
    this subsection, a tribal organization may submit a proposal for a
    self-determination contract, or a proposal to amend or renew a self-
    determination contract, to the Secretary for review. Subject to
    the provisions of paragraph (4), the Secretary shall, within ninety
    days after receipt of the proposal, approve the proposal and award
    the contract unless the Secretary provides written notification to
    the applicant that contains a specific finding that clearly
    demonstrates that, or that is supported by a controlling legal
    authority that - 
        (A) the service to be rendered to the Indian beneficiaries of
      the particular program or function to be contracted will not be
      satisfactory;
        (B) adequate protection of trust resources is not assured;
        (C) the proposed project or function to be contracted for
      cannot be properly completed or maintained by the proposed
      contract;
        (D) the amount of funds proposed under the contract is in
      excess of the applicable funding level for the contract, as
      determined under section 450j-1(a) of this title; or
        (E) the program, function, service, or activity (or portion
      thereof) that is the subject of the proposal is beyond the scope
      of programs, functions, services, or activities covered under
      paragraph (1) because the proposal includes activities that
      cannot lawfully be carried out by the contractor.

    Notwithstanding any other provision of law, the Secretary may
    extend or otherwise alter the 90-day period specified in the second
    sentence of this subsection,(!1) if before the expiration of such
    period, the Secretary obtains the voluntary and express written
    consent of the tribe or tribal organization to extend or otherwise
    alter such period. The contractor shall include in the proposal of
    the contractor the standards under which the tribal organization
    will operate the contracted program, service, function, or
    activity, including in the area of construction, provisions
    regarding the use of licensed and qualified architects, applicable
    health and safety standards, adherence to applicable Federal,
    State, local, or tribal building codes and engineering standards.
    The standards referred to in the preceding sentence shall ensure
    structural integrity, accountability of funds, adequate competition
    for subcontracting under tribal or other applicable law, the
    commencement, performance, and completion of the contract,
    adherence to project plans and specifications (including any
    applicable Federal construction guidelines and manuals), the use of
    proper materials and workmanship, necessary inspection and testing,
    and changes, modifications, stop work, and termination of the work
    when warranted.

      (3) Upon the request of a tribal organization that operates two
    or more mature self-determination contracts, those contracts may be
    consolidated into one single contract.
      (4) The Secretary shall approve any severable portion of a
    contract proposal that does not support a declination finding
    described in paragraph (2). If the Secretary determines under such
    paragraph that a contract proposal - 
        (A) proposes in part to plan, conduct, or administer a program,
      function, service, or activity that is beyond the scope of
      programs covered under paragraph (1), or
        (B) proposes a level of funding that is in excess of the
      applicable level determined under section 450j-1(a) of this
      title,

    subject to any alteration in the scope of the proposal that the
    Secretary and the tribal organization agree to, the Secretary
    shall, as appropriate, approve such portion of the program,
    function, service, or activity as is authorized under paragraph (1)
    or approve a level of funding authorized under section 450j-1(a) of
    this title. If a tribal organization elects to carry out a
    severable portion of a contract proposal pursuant to this
    paragraph, subsection (b) of this section shall only apply to the
    portion of the contract that is declined by the Secretary pursuant
    to this subsection.
    (b) Procedure upon refusal of request to contract
      Whenever the Secretary declines to enter into a self-
    determination contract or contracts pursuant to subsection (a) of
    this section, the Secretary shall - 
        (1) state any objections in writing to the tribal organization,
        (2) provide assistance to the tribal organization to overcome
      the stated objections, and
        (3) provide the tribal organization with a hearing on the
      record with the right to engage in full discovery relevant to any
      issue raised in the matter and the opportunity for appeal on the
      objections raised, under such rules and regulations as the
      Secretary may promulgate, except that the tribe or tribal
      organization may, in lieu of filing such appeal, exercise the
      option to initiate an action in a Federal district court and
      proceed directly to such court pursuant to section 450m-1(a) of
      this title.
    (c) Liability insurance; waiver of defense
      (1) Beginning in 1990, the Secretary shall be responsible for
    obtaining or providing liability insurance or equivalent coverage,
    on the most cost-effective basis, for Indian tribes, tribal
    organizations, and tribal contractors carrying out contracts, grant
    agreements and cooperative agreements pursuant to this subchapter.
    In obtaining or providing such coverage, the Secretary shall take
    into consideration the extent to which liability under such
    contracts or agreements are covered by the Federal Tort Claims Act.
      (2) In obtaining or providing such coverage, the Secretary shall,
    to the greatest extent practicable, give a preference to coverage
    underwritten by Indian-owned economic enterprises as defined in
    section 1452 of this title, except that, for the purposes of this
    subsection, such enterprises may include non-profit corporations.
      (3)(A) Any policy of insurance obtained or provided by the
    Secretary pursuant to this subsection shall contain a provision
    that the insurance carrier shall waive any right it may have to
    raise as a defense the sovereign immunity of an Indian tribe from
    suit, but that such waiver shall extend only to claims the amount
    and nature of which are within the coverage and limits of the
    policy and shall not authorize or empower such insurance carrier to
    waive or otherwise limit the tribe's sovereign immunity outside or
    beyond the coverage or limits of the policy of insurance.
      (B) No waiver of the sovereign immunity of an Indian tribe
    pursuant to this paragraph shall include a waiver to the extent of
    any potential liability for interest prior to judgment or for
    punitive damages or for any other limitation on liability imposed
    by the law of the State in which the alleged injury occurs.
    (d) Tribal organizations and Indian contractors deemed part of
      Public Health Service
      For purposes of section 233 of title 42, with respect to claims
    by any person, initially filed on or after December 22, 1987,
    whether or not such person is an Indian or Alaska Native or is
    served on a fee basis or under other circumstances as permitted by
    Federal law or regulations for personal injury, including death,
    resulting from the performance prior to, including, or after
    December 22, 1987, of medical, surgical, dental, or related
    functions, including the conduct of clinical studies or
    investigations, or for purposes of section 2679, title 28, with
    respect to claims by any such person, on or after November 29,
    1990, for personal injury, including death, resulting from the
    operation of an emergency motor vehicle, an Indian tribe, a tribal
    organization or Indian contractor carrying out a contract, grant
    agreement, or cooperative agreement under sections (!2) 450f or
    450h of this title is deemed to be part of the Public Health
    Service in the Department of Health and Human Services while
    carrying out any such contract or agreement and its employees
    (including those acting on behalf of the organization or contractor
    as provided in section 2671 of title 28 and including an individual
    who provides health care services pursuant to a personal services
    contract with a tribal organization for the provision of services
    in any facility owned, operated, or constructed under the
    jurisdiction of the Indian Health Service) are deemed employees of
    the Service while acting within the scope of their employment in
    carrying out the contract or agreement: Provided, That such
    employees shall be deemed to be acting within the scope of their
    employment in carrying out such contract or agreement when they are
    required, by reason of such employment, to perform medical,
    surgical, dental or related functions at a facility other than the
    facility operated pursuant to such contract or agreement, but only
    if such employees are not compensated for the performance of such
    functions by a person or entity other than such Indian tribe,
    tribal organization or Indian contractor.

    (e) Burden of proof at hearing or appeal declining contract; final
      agency action
      (1) With respect to any hearing or appeal conducted pursuant to
    subsection (b)(3) of this section or any civil action conducted
    pursuant to section 450m-1(a) of this title, the Secretary shall
    have the burden of proof to establish by clearly demonstrating the
    validity of the grounds for declining the contract proposal (or
    portion thereof).
      (2) Notwithstanding any other provision of law, a decision by an
    official of the Department of the Interior or the Department of
    Health and Human Services, as appropriate (referred to in this
    paragraph as the "Department") that constitutes final agency action
    and that relates to an appeal within the Department that is
    conducted under subsection (b)(3) of this section shall be made
    either - 
        (A) by an official of the Department who holds a position at a
      higher organizational level within the Department than the level
      of the departmental agency (such as the Indian Health Service or
      the Bureau of Indian Affairs) in which the decision that is the
      subject of the appeal was made; or
        (B) by an administrative judge.

-SOURCE-
    (Pub. L. 93-638, title I, Sec. 102, formerly Secs. 102 and 103(c),
    Jan. 4, 1975, 88 Stat. 2206; Pub. L. 100-202, Sec. 101(g) [title
    II, Sec. 201], Dec. 22, 1987, 101 Stat. 1329-213, 1329-246; Pub. L.
    100-446, title II, Sec. 201, Sept. 27, 1988, 102 Stat. 1817;
    renumbered Sec. 102 and amended Pub. L. 100-472, title II, Sec.
    201(a), (b)(1), Oct. 5, 1988, 102 Stat. 2288, 2289; Pub. L. 100-
    581, title II, Sec. 210, Nov. 1, 1988, 102 Stat. 2941; Pub. L. 101-
    644, title II, Sec. 203(b), Nov. 29, 1990, 104 Stat. 4666; Pub. L.
    103-413, title I, Sec. 102(5)-(9), Oct. 25, 1994, 108 Stat. 4251-
    4253; Pub. L. 106-260, Sec. 6, Aug. 18, 2000, 114 Stat. 732.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of April 16, 1934, referred to in subsec. (a)(1)(A), is act
    Apr. 16, 1934, ch. 147, 48 Stat. 596, as amended, popularly known
    as the Johnson-O'Malley Act, which is classified generally to
    section 452 et seq. of this title. For complete classification of
    this Act to the Code, see Short Title note set out under section
    452 of this title and Tables.
      Act of August 5, 1954, referred to in subsec. (a)(1)(C), is act
    Aug. 5, 1954, ch. 658, 68 Stat. 674, as amended, which is
    classified generally to subchapter I (Sec. 2001 et seq.) of chapter
    22 of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Tables.
      This subchapter, referred to in subsec. (c)(1), was in the
    original "this Act", meaning Pub. L. 93-638, Jan. 4, 1975, 88 Stat.
    2203, as amended, known as the Indian Self-Determination and
    Education Assistance Act, which is classified principally to this
    subchapter (Sec. 450 et seq.). For complete classification of this
    Act to the Code, see Short Title note set out under section 450 of
    this title and Tables.
      The Federal Tort Claims Act, referred to in subsec. (c)(1), is
    title IV of act Aug. 2, 1946, ch. 753, 60 Stat. 842, which was
    classified principally to chapter 20 (Secs. 921, 922, 931-934, 941-
    946) of former Title 28, Judicial Code and Judiciary. Title IV of
    act Aug. 2, 1946, was substantially repealed and reenacted as
    sections 1346(b) and 2671 et seq. of Title 28, Judiciary and
    Judicial Procedure, by act June 25, 1948, ch. 646, 62 Stat. 992,
    the first section of which enacted Title 28. The Federal Tort
    Claims Act is also commonly used to refer to chapter 171 of Title
    28, Judiciary and Judicial Procedure. For complete classification
    of title IV to the Code, see Tables. For distribution of former
    sections of Title 28 into the revised Title 28, see Table at the
    beginning of Title 28.


-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (e)(1). Pub. L. 106-260 inserted "or any civil
    action conducted pursuant to section 450m-1(a) of this title" after
    "subsection (b)(3) of this section".
      1994 - Subsec. (a)(1). Pub. L. 103-413, Sec. 102(5), inserted
    concluding provisions.
      Subsec. (a)(2). Pub. L. 103-413, Sec. 102(6)(A)(i), (ii), (vi),
    inserted ", or a proposal to amend or renew a self-determination
    contract," before "to the Secretary for review" in first sentence
    and, in second sentence, substituted "Subject to the provisions of
    paragraph (4), the Secretary" for "The Secretary", inserted "and
    award the contract" after "approve the proposal", substituted "the
    Secretary provides written notification to the applicant that
    contains a specific finding that clearly demonstrates that, or that
    is supported by a controlling legal authority that" for ", within
    sixty days of receipt of the proposal, a specific finding is made
    that", and inserted concluding provisions.
      Subsec. (a)(2)(D), (E). Pub. L. 103-413, Sec. 102(6)(A)(iii)-(v),
    added subpars. (D) and (E).
      Subsec. (a)(4). Pub. L. 103-413, Sec. 102(6)(B), added par. (4).
      Subsec. (b)(3). Pub. L. 103-413, Sec. 102(7), inserted "with the
    right to engage in full discovery relevant to any issue raised in
    the matter" after "record" and ", except that the tribe or tribal
    organization may, in lieu of filing such appeal, exercise the
    option to initiate an action in a Federal district court and
    proceed directly to such court pursuant to section 450m-1(a) of
    this title" before period at end.
      Subsec. (d). Pub. L. 103-413, Sec. 102(8), substituted "as
    provided in section 2671 of title 28 and including an individual
    who provides health care services pursuant to a personal services
    contract with a tribal organization for the provision of services
    in any facility owned, operated, or constructed under the
    jurisdiction of the Indian Health Service)" for "as provided in
    section 2671 of title 28)".
      Subsec. (e). Pub. L. 103-413, Sec. 102(9), added subsec. (e).
      1990 - Subsec. (d). Pub. L. 101-644 inserted "or for purposes of
    section 2679, title 28, with respect to claims by any such person,
    on or after November 29, 1990, for personal injury, including
    death, resulting from the operation of an emergency motor vehicle,"
    after "investigations,".
      1988 - Pub. L. 100-472, Sec. 201(a), amended section generally,
    revising and restating provisions of subsecs. (a) to (c).
      Subsec. (c)(2). Pub. L. 100-581 which directed amendment of par.
    (2) by substituting "section 1452 of this title" for "section 1425
    of title 25, United States Code" was executed by making the
    substitution for "section 1425, title 25, United States Code" to
    reflect the probable intent of Congress.
      Subsec. (d). Pub. L. 100-472, Sec. 201(b)(1), redesignated the
    last sentence of subsec. (c) of section 450g of this title as
    subsec. (d) of this section and substituted "sections 450f or 450h
    of this title" for "sections 450g and 450h(b) of this title".
      Pub. L. 100-446 inserted into sentence beginning "For purposes
    of" the words "by any person, initially filed on or after December
    22, 1987, whether or not such person is an Indian or Alaska Native
    or is served on a fee basis or under other circumstances as
    permitted by Federal law or regulations" after "claims", "prior to,
    including, or after December 22, 1987," after "performance", "an
    Indian tribe," after "investigations," and ": Provided, That such
    employees shall be deemed to be acting within the scope of their
    employment in carrying out such contract or agreement when they are
    required, by reason of such employment, to perform medical,
    surgical, dental or related functions at a facility other than the
    facility operated pursuant to such contract or agreement, but only
    if such employees are not compensated for the performance of such
    functions by a person or entity other than such Indian tribe,
    tribal organization or Indian contractor" after "the contract or
    agreement".
      1987 - Subsec. (d). Pub. L. 100-202 inserted sentence at end
    deeming a tribal organization or Indian contractor carrying out a
    contract, grant agreement, or cooperative agreement to be part of
    the Public Health Service while carrying out any such contract or
    agreement and its employees to be employees of the Service while
    acting within the scope of their employment in carrying out the
    contract or agreement.

                       SHORT TITLE OF 1991 AMENDMENT                   
      Pub. L. 102-184, Sec. 1, Dec. 4, 1991, 105 Stat. 1278, provided
    that: "This Act [amending provisions set out below] may be cited as
    the 'Tribal Self-Governance Demonstration Project Act'."

                                SHORT TITLE                            
      For short title of title I of Pub. L. 93-638, which is classified
    principally to this part, as the "Indian Self-Determination Act",
    see section 101 of Pub. L. 93-638, set out as a note under section
    450 of this title.

                             SAVINGS PROVISION                         
      Pub. L. 106-260, Sec. 11, Aug. 18, 2000, 114 Stat. 734, provided
    that: "Funds appropriated for title III of the Indian Self-
    Determination and Education Assistance Act ([Pub. L. 93-638,
    former] 25 U.S.C. 450f note) shall be available for use under title
    V of such Act [25 U.S.C. 458aaa et seq.]."

     TRIBAL SELF-GOVERNANCE - DEPARTMENT OF HEALTH AND HUMAN SERVICES 
      Title VI of Pub. L. 93-638, as added by Pub. L. 106-260, Sec. 5,
    Aug. 18, 2000, 114 Stat. 731, provided that:

      "SEC. 601. DEFINITIONS.
      "(a) In General. - In this title, the Secretary may apply the
    definitions contained in title V [25 U.S.C. 458aaa et seq.].
      "(b) Other Definitions. - In this title:
        "(1) Agency. - The term 'agency' means any agency or other
      organizational unit of the Department of Health and Human
      Services, other than the Indian Health Service.
        "(2) Secretary. - The term 'Secretary' means the Secretary of
      Health and Human Services.

      "SEC. 602. DEMONSTRATION PROJECT FEASIBILITY.
      "(a) Study. - The Secretary shall conduct a study to determine
    the feasibility of a tribal self-governance demonstration project
    for appropriate programs, services, functions, and activities (or
    portions thereof) of the agency.
      "(b) Considerations. - In conducting the study, the Secretary
    shall consider - 
        "(1) the probable effects on specific programs and program
      beneficiaries of such a demonstration project;
        "(2) statutory, regulatory, or other impediments to
      implementation of such a demonstration project;
        "(3) strategies for implementing such a demonstration project;
        "(4) probable costs or savings associated with such a
      demonstration project;
        "(5) methods to assure quality and accountability in such a
      demonstration project; and
        "(6) such other issues that may be determined by the Secretary
      or developed through consultation pursuant to section 603.
      "(c) Report. - Not later than 18 months after the date of the
    enactment of this title [Aug. 18, 2000], the Secretary shall submit
    a report to the Committee on Indian Affairs of the Senate and the
    Committee on Resources of the House of Representatives. The report
    shall contain - 
        "(1) the results of the study under this section;
        "(2) a list of programs, services, functions, and activities
      (or portions thereof) within each agency with respect to which it
      would be feasible to include in a tribal self-governance
      demonstration project;
        "(3) a list of programs, services, functions, and activities
      (or portions thereof) included in the list provided pursuant to
      paragraph (2) that could be included in a tribal self-governance
      demonstration project without amending statutes, or waiving
      regulations that the Secretary may not waive;
        "(4) a list of legislative actions required in order to include
      those programs, services, functions, and activities (or portions
      thereof) included in the list provided pursuant to paragraph (2)
      but not included in the list provided pursuant to paragraph (3)
      in a tribal self-governance demonstration project; and
        "(5) any separate views of tribes and other entities consulted
      pursuant to section 603 related to the information provided
      pursuant to paragraphs (1) through (4).

      "SEC. 603. CONSULTATION.
      "(a) Study Protocol. - 
        "(1) Consultation with indian tribes. - The Secretary shall
      consult with Indian tribes to determine a protocol for
      consultation under subsection (b) prior to consultation under
      such subsection with the other entities described in such
      subsection.
        "(2) Requirements for protocol. - The protocol shall require,
      at a minimum, that - 
          "(A) the government-to-government relationship with Indian
        tribes forms the basis for the consultation process;
          "(B) the Indian tribes and the Secretary jointly conduct the
        consultations required by this section; and
          "(C) the consultation process allows for separate and direct
        recommendations from the Indian tribes and other entities
        described in subsection (b).
      "(b) Conducting Study. - In conducting the study under this
    title, the Secretary shall consult with Indian tribes, States,
    counties, municipalities, program beneficiaries, and interested
    public interest groups, and may consult with other entities as
    appropriate.

      "SEC. 604. AUTHORIZATION OF APPROPRIATIONS.
      "There are authorized to be appropriated such sums as may be
    necessary to carry out this title. Such sums shall remain available
    until expended."

               INDIAN TRIBAL TORT CLAIMS AND RISK MANAGEMENT           
      Pub. L. 105-277, div. A, Sec. 101(e) [title VII], Oct. 21, 1998,
    112 Stat. 2681-231, 2681-335, provided that:

      "SEC. 701. SHORT TITLE.
      "This title may be cited as the 'Indian Tribal Tort Claims and
    Risk Management Act of 1998'."

      "SEC. 702. FINDINGS AND PURPOSE.
      "(a) Findings. - Congress finds that - 
        "(1) Indian tribes have made significant achievements toward
      developing a foundation for economic self-sufficiency and self-
      determination, and that economic self-sufficiency and self-
      determination have increased opportunities for the Indian tribes
      and other entities and persons to interact more frequently in
      commerce and intergovernmental relationships;
        "(2) although Indian tribes have sought and secured liability
      insurance coverage to meet their needs, many Indian tribes are
      faced with significant barriers to obtaining liability insurance
      because of the high cost or unavailability of such coverage in
      the private market;
        "(3) as a result, Congress has extended liability coverage
      provided to Indian tribes to organizations to carry out
      activities under the Indian Self-Determination and Education
      Assistance Act (25 U.S.C. 450 et seq.); and
        "(4) there is an emergent need for comprehensive and cost-
      efficient insurance that allows the economy of Indian tribes to
      continue to grow and provides compensation to persons that may
      suffer personal injury or loss of property.
      "(b) Purpose. - The purpose of this title is to provide for a
    study to facilitate relief for a person who is injured as a result
    of an official action of a tribal government.

      "SEC. 703. DEFINITIONS.
      "In this title:
        "(1) Indian tribe. - The term 'Indian tribe' has the meaning
      given that term in section 4(e) of the Indian Self-Determination
      and Education Assistance Act (25 U.S.C. 450b(e)).
        "(2) Secretary. - The term 'Secretary' means the Secretary of
      the Interior.
        "(3) Tribal organization. - The term 'tribal organization' has
      the meaning given that term in section 4(l) of the Indian Self-
      Determination and Education Assistance Act (25 U.S.C. 450b(l)).

      "SEC. 704. STUDY AND REPORT TO CONGRESS.
      "(a) In General. - 
        "(1) Study. - In order to minimize and, if possible, eliminate
      redundant or duplicative liability insurance coverage and to
      ensure that the provision of insurance to Indian tribes is cost-
      effective, the Secretary shall conduct a comprehensive survey of
      the degree, type, and adequacy of liability insurance coverage of
      Indian tribes at the time of the study.
        "(2) Contents of study. - The study conducted under this
      subsection shall include - 
          "(A) an analysis of loss data;
          "(B) risk assessments;
          "(C) projected exposure to liability, and related matters;
        and
          "(D) the category of risk and coverage involved, which may
        include - 
            "(i) general liability;
            "(ii) automobile liability;
            "(iii) the liability of officials of the Indian tribe;
            "(iv) law enforcement liability;
            "(v) workers' compensation; and
            "(vi) other types of liability contingencies.
        "(3) Assessment of coverage by categories of risk. - For each
      Indian tribe, for each category of risk identified under
      paragraph (2), the Secretary, in conducting the study, shall
      determine whether insurance coverage or coverage under chapter
      171 of title 28, United States Code, applies to that Indian tribe
      for that activity.
      "(b) Report. - Not later than June 1, 1999, and annually
    thereafter, the Secretary shall submit a report to Congress that
    contains legislative recommendations that the Secretary determines
    to - 
        "(1) be appropriate to improve the provision of insurance
      coverage to Indian tribes; or
        "(2) otherwise achieve the purpose of providing relief to
      persons who are injured as a result of an official action of a
      tribal government.

      "SEC. 705. AUTHORIZATION OF APPROPRIATIONS.
      "There are authorized to be appropriated to the Department of the
    Interior such sums as may be necessary to carry out this title."

    CLAIMS RESULTING FROM PERFORMANCE OF CONTRACT, GRANT AGREEMENT, OR
         COOPERATIVE AGREEMENT; CIVIL ACTION AGAINST TRIBE, TRIBAL
         ORGANIZATION, ETC., DEEMED ACTION AGAINST UNITED STATES;
              REIMBURSEMENT OF TREASURY FOR PAYMENT OF CLAIMS
      Pub. L. 101-512, title III, Sec. 314, Nov. 5, 1990, 104 Stat.
    1959, as amended by Pub. L. 103-138, title III, Sec. 308, Nov. 11,
    1993, 107 Stat. 1416, provided that: "With respect to claims
    resulting from the performance of functions during fiscal year 1991
    and thereafter, or claims asserted after September 30, 1990, but
    resulting from the performance of functions prior to fiscal year
    1991, under a contract, grant agreement, or any other agreement or
    compact authorized by the Indian Self-Determination and Education
    Assistance Act of 1975, as amended (88 Stat. 2203; 25 U.S.C. 450 et
    seq.) [Pub. L. 93-638, see Short Title note set out under section
    450 of this title and Tables] or by title V, part B, Tribally
    Controlled School Grants of the Hawkins-Stafford Elementary and
    Secondary School Improvement Amendments of 1988, as amended (102
    Stat. 385; 25 U.S.C. 2501 et seq.), an Indian tribe, tribal
    organization or Indian contractor is deemed hereafter to be part of
    the Bureau of Indian Affairs in the Department of the Interior or
    the Indian Health Service in the Department of Health and Human
    Services while carrying out any such contract or agreement and its
    employees are deemed employees of the Bureau or Service while
    acting within the scope of their employment in carrying out the
    contract or agreement: Provided, That after September 30, 1990, any
    civil action or proceeding involving such claims brought hereafter
    against any tribe, tribal organization, Indian contractor or tribal
    employee covered by this provision shall be deemed to be an action
    against the United States and will be defended by the Attorney
    General and be afforded the full protection and coverage of the
    Federal Tort Claims Act [See Short Title note under section 2671 of
    Title 28, Judiciary and Judicial Procedure]: Provided further, That
    beginning with the fiscal year ending September 30, 1991, and
    thereafter, the appropriate Secretary shall request through annual
    appropriations funds sufficient to reimburse the Treasury for any
    claims paid in the prior fiscal year pursuant to the foregoing
    provisions: Provided further, That nothing in this section shall in
    any way affect the provisions of section 102(d) of the Indian Self-
    Determination and Education Assistance Act of 1975, as amended (88
    Stat. 2203; 25 U.S.C. 450 et seq.) [25 U.S.C. 450f(d)]."

            REFERENCE TO SECTION 450G(C) IN PUBLIC LAW 100-446        
      Section 201(b)(2) of Pub. L. 100-472 provided that: "Any
    reference to section 103(c) [Sec. 103(c) of Pub. L. 93-638,
    formerly 25 U.S.C. 450g(c)] contained in an Act making
    appropriations for the Department of the Interior and Related
    Agencies for fiscal year 1989 [Pub. L. 100-446] shall be deemed to
    apply to section 102(d) of such Act [Sec. 102(d) of Pub. L. 93-638,
    25 U.S.C. 450f(d)] as amended by this Act."

               TRIBAL SELF-GOVERNANCE DEMONSTRATION PROJECT           
      Title III of Pub. L. 93-638, as added by Pub. L. 100-472, title
    II, Sec. 209, Oct. 5, 1988, 102 Stat. 2296; amended by Pub. L. 102-
    184, Secs. 2-6, Dec. 4, 1991, 105 Stat. 1278; Pub. L. 102-573,
    title VIII, Sec. 814, Oct. 29, 1992, 106 Stat. 4590; Pub. L. 103-
    435, Sec. 22(a)(2), (3), Nov. 2, 1994, 108 Stat. 4575; Pub. L. 103-
    437, Sec. 10(c)(1), Nov. 2, 1994, 108 Stat. 4589; Pub. L. 105-244,
    title IX, Sec. 901(d), Oct. 7, 1998, 112 Stat. 1828, related to
    tribal self-governance research and demonstration project conducted
    by Secretary of the Interior and Secretary of Health and Human
    Services, prior to repeal by Pub. L. 106-260, Sec. 10, Aug. 18,
    2000, 114 Stat. 734.

-FOOTNOTE-
    (!1) So in original. Probably should be "paragraph,".

    (!2) So in original. Probably should be "section".


-End-



-CITE-
    25 USC Sec. 450g                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part A - Indian Self-Determination

-HEAD-
    Sec. 450g. Repealed or Transferred. Pub. L. 100-472, title II, Sec.
      201(b)(1), Oct. 5, 1988, 102 Stat. 2289

-MISC1-
      Section, Pub. L. 93-638, title I, Sec. 103, Jan. 4, 1975, 88
    Stat. 2206; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93
    Stat. 695; Pub. L. 100-202, Sec. 101(g) [title II], Dec. 22, 1987,
    101 Stat. 1329-213, 1329-246; Pub. L. 100-446, title II, Sept. 27,
    1988, 102 Stat. 1817, which related to contracts by Secretary of
    Health and Human Services with tribal organizations, was repealed
    except for the last sentence of subsec. (c), providing that tribal
    organizations and Indian contractors be deemed part of Public
    Health Service, which was redesignated subsec. (d) of section 450f
    of this title.

-End-



-CITE-
    25 USC Sec. 450h                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part A - Indian Self-Determination

-HEAD-
    Sec. 450h. Grants to tribal organizations or tribes

-STATUTE-
    (a) Request by tribe for contract or grant by Secretary of the
      Interior for improving, etc., tribal governmental, contracting,
      and program planning activities
      The Secretary of the Interior is authorized, upon the request of
    any Indian tribe (from funds appropriated for the benefit of
    Indians pursuant to section 13 of this title, and any Act
    subsequent thereto) to contract with or make a grant or grants to
    any tribal organization for - 
        (1) the strengthening or improvement of tribal government
      (including, but not limited to, the development, improvement, and
      administration of planning, financial management, or merit
      personnel systems; the improvement of tribally funded programs or
      activities; or the development, construction, improvement,
      maintenance, preservation, or operation of tribal facilities or
      resources);
        (2) the planning, training, evaluation of other activities
      designed to improve the capacity of a tribal organization to
      enter into a contract or contracts pursuant to section 450f of
      this title and the additional costs associated with the initial
      years of operation under such a contract or contracts; or
        (3) the acquisition of land in connection with items (1) and
      (2) above: Provided, That in the case of land within Indian
      country (as defined in chapter 53 of title 18) or which adjoins
      on at least two sides lands held in trust by the United States
      for the tribe or for individual Indians, the Secretary of (!1)
      Interior may (upon request of the tribe) acquire such land in
      trust for the tribe.

    (b) Grants by Secretary of Health and Human Services for
      development, maintenance, etc., of health facilities or services
      and improvement of contract capabilities implementing hospital
      and health facility functions
      The Secretary of Health and Human Services may, in accordance
    with regulations adopted pursuant to section 450k of this title,
    make grants to any Indian tribe or tribal organization for - 
        (1) the development, construction, operation, provision, or
      maintenance of adequate health facilities or services including
      the training of personnel for such work, from funds appropriated
      to the Indian Health Service for Indian health services or Indian
      health facilities; or
        (2) planning, training, evaluation or other activities designed
      to improve the capacity of a tribal organization to enter into a
      contract or contracts pursuant to section 450g (!2) of this
      title.

    (c) Use as matching shares for other similar Federal grant programs
      The provisions of any other Act notwithstanding, any funds made
    available to a tribal organization under grants pursuant to this
    section may be used as matching shares for any other Federal grant
    programs which contribute to the purposes for which grants under
    this section are made.
    (d) Technical assistance
      The Secretary is directed, upon the request of any tribal
    organization and subject to the availability of appropriations, to
    provide technical assistance on a nonreimbursable basis to such
    tribal organization - 
        (1) to develop any new self-determination contract authorized
      pursuant to this subchapter;
        (2) to provide for the assumption by such tribal organization
      of any program, or portion thereof, provided for in section
      450f(a)(1) of this title; or
        (3) to develop modifications to any proposal for a self-
      determination contract which the Secretary has declined to
      approve pursuant to section 450f of this title.
    (e) Grants for technical assistance and for planning, etc., Federal
      programs for tribe
      The Secretary is authorized, upon the request of an Indian tribe,
    to make a grant to any tribal organization for - 
        (1) obtaining technical assistance from providers designated by
      the tribal organization, including tribal organizations that
      operate mature contracts, for the purposes of program planning
      and evaluation, including the development of any management
      systems necessary for contract management, and the development of
      cost allocation plans for indirect cost rates; and
        (2) the planning, designing, monitoring, and evaluating of
      Federal programs serving the tribe, including Federal
      administrative functions.

-SOURCE-
    (Pub. L. 93-638, title I, Sec. 103, formerly Sec. 104, Jan. 4,
    1975, 88 Stat. 2207; renumbered Sec. 103 and amended Pub. L. 100-
    472, title II, Sec. 202, Oct. 5, 1988, 102 Stat. 2289; Pub. L. 101-
    644, title II, Sec. 203(g)(1), Nov. 29, 1990, 104 Stat. 4666.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 450g of this title, referred to in subsec. (b)(2), was in
    the original "section 103 of this Act", meaning section 103 of Pub.
    L. 93-638, the Indian Self-Determination Act. Section 103(a) and
    (b) and the first sentence of section 103(c) of Pub. L. 93-638 were
    repealed, and the remainder of section 103(c) of Pub. L. 93-638 was
    redesignated as section 102(d) of Pub. L. 93-638 (section 450f(d)
    of this title) by Pub. L. 100-472, title II, Sec. 201(b)(1), Oct.
    5, 1988, 102 Stat. 2289. Section 104 of Pub. L. 93-638 was
    renumbered as section 103 of Pub. L. 93-638 by section 202(a) of
    Pub. L. 100-472, and is classified to this section.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 103 of Pub. L. 93-638 was classified to section
    450g of this title and was repealed in part and transferred in part
    by section 201(b)(1) of Pub. L. 100-472.

                                AMENDMENTS                            
      1990 - Subsec. (a)(3). Pub. L. 101-644, which directed the
    substitution of "Indian country (as defined in chapter 53 of title
    18)" for "reservation boundaries" in "section 301(a)(3) of the
    Indian Self-Determination Act (25 U.S.C. 450h(a)(3))", was executed
    to this section, section 103(a)(3) of that Act, to reflect the
    probable intent of Congress.
      1988 - Subsec. (a). Pub. L. 100-472, Sec. 202(b), inserted "or"
    at end of par. (2), substituted a period for "; or" at end of par.
    (3), and struck out par. (4) which read as follows: "the planning,
    designing, monitoring, and evaluating of Federal programs serving
    the tribe."
      Subsec. (b). Pub. L. 100-472, Sec. 202(c), substituted "Health
    and Human Services" for "Health, Education, and Welfare".
      Subsecs. (d), (e). Pub. L. 100-472, Sec. 202(d), added subsecs.
    (d) and (e).

             AUTHORITY OF SECRETARY TO ACQUIRE LANDS IN TRUST         
      Section 203(g)(2) of Pub. L. 101-644 provided that: "The
    amendment made by paragraph (1) [amending this section] shall not
    alter or otherwise modify or affect existing prohibitions or
    limitations on the Secretary's authority to acquire lands in
    trust."

-FOOTNOTE-
    (!1) So in original. Probably should be followed by "the".

    (!2) See References in Text note below.


-End-



-CITE-
    25 USC Sec. 450i                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part A - Indian Self-Determination

-HEAD-
    Sec. 450i. Retention of Federal employee coverage, rights and
      benefits by employees of tribal organizations

-STATUTE-
    (a) to (d) Omitted
    (e) Eligible employees; Federal employee programs subject to
      retention
      Notwithstanding the provisions of sections 8347(o), 8713, and
    8914 of title 5, executive order, or administrative regulation, an
    employee serving under an appointment not limited to one year or
    less who leaves Federal employment to be employed by a tribal
    organization, the city of St. Paul, Alaska, the city of St. George,
    Alaska, upon incorporation, or the Village Corporations of St. Paul
    and St. George Islands established pursuant to section 1607 of
    title 43, in connection with governmental or other activities which
    are or have been performed by employees in or for Indian
    communities is entitled, if the employee and the tribal
    organization so elect, to the following:
        (1) To retain coverage, rights, and benefits under subchapter I
      of chapter 81 ("Compensation for Work Injuries") of title 5, and
      for this purpose his employment with the tribal organization
      shall be deemed employment by the United States. However, if an
      injured employee, or his dependents in case of his death,
      receives from the tribal organization any payment (including an
      allowance, gratuity, payment under an insurance policy for which
      the premium is wholly paid by the tribal organization, or other
      benefit of any kind) on account of the same injury or death, the
      amount of that payment shall be credited against any benefit
      payable under subchapter I of chapter 81 of title 5, as follows:
          (A) payments on account of injury or disability shall be
        credited against disability compensation payable to the injured
        employee; and
          (B) payments on account of death shall be credited against
        death compensation payable to dependents of the deceased
        employee.

        (2) To retain coverage, rights, and benefits under chapter 83
      ("Retirement") or chapter 84 ("Federal Employees Retirement
      System") of title 5, if necessary employee deductions and agency
      contributions in payment for coverage, rights, and benefits for
      the period of employment with the tribal organization are
      currently deposited in the Civil Service Retirement and
      Disability Fund (section 8348 of title 5); and the period during
      which coverage, rights, and benefits are retained under this
      paragraph is deemed creditable service under section 8332 of
      title 5. Days of unused sick leave to the credit of an employee
      under a formal leave system at the time the employee leaves
      Federal employment to be employed by a tribal organization remain
      to his credit for retirement purposes during covered service with
      the tribal organization.
        (3) To retain coverage, rights, and benefits under chapter 89
      ("Health Insurance") of title 5, if necessary employee deductions
      and agency contributions in payment for the coverage, rights, and
      benefits for the period of employment with the tribal
      organization are currently deposited in the Employee's Health
      Benefit Fund (section 8909 of title 5); and the period during
      which coverage, rights, and benefits are retained under this
      paragraph is deemed service as an employee under chapter 89 of
      title 5.
        (4) To retain coverage, rights, and benefits under chapter 87
      ("Life Insurance") of title 5, if necessary employee deductions
      and agency contributions in payment for the coverage, rights, and
      benefits for the period of employment with the tribal
      organizations are currently deposited in the Employee's Life
      Insurance Fund (section 8714 of title 5); and the period during
      which coverage, rights, and benefits are retained under this
      paragraph is deemed service as an employee under chapter 87 of
      title 5.
    (f) Deposit by tribal organization of employee deductions and
      agency contributions in appropriate funds
      During the period an employee is entitled to the coverage,
    rights, and benefits pursuant to the preceding subsection, the
    tribal organization employing such employee shall deposit currently
    in the appropriate funds the employee deductions and agency
    contributions required by paragraphs (2), (3), and (4) of such
    preceding subsection.
    (g) Election for retention by employee and tribal organization
      before date of employment by tribal organization; transfer of
      employee to another tribal organization
      An employee who is employed by a tribal organization under
    subsection (e) of this section and such tribal organization shall
    make the election to retain the coverages, rights, and benefits in
    paragraphs (1), (2), (3), and (4) of such subsection (e) before the
    date of his employment by a tribal organization. An employee who is
    employed by a tribal organization under subsection (e) of this
    section shall continue to be entitled to the benefits of such
    subsection if he is employed by another tribal organization to
    perform service in activities of the type described in such
    subsection.
    (h) "Employee" defined
      For the purposes of subsections (e), (f), and (g) of this
    section, the term "employee" means an employee as defined in
    section 2105 of title 5.
    (i) Promulgation of implementation regulations by President
      The President may prescribe regulations necessary to carry out
    the provisions of subsections (e), (f), (g), and (h) of this
    section and to protect and assure the compensation, retirement,
    insurance, leave, reemployment rights, and such other similar civil
    service employment rights as he finds appropriate.
    (j) Additional employee employment rights
      Anything in sections 205 and 207 of title 18 to the contrary
    notwithstanding, officers and employees of the United States
    assigned to an Indian tribe as authorized under section 3372 of
    title 5, or section 48 of this title and former officers and
    employees of the United States employed by Indian tribes may act as
    agents or attorneys for or appear on behalf of such tribes in
    connection wth (!1) any matter pending before any department,
    agency, court, or commission, including any matter in which the
    United States is a party or has a direct and substantial interest:
    Provided, That each such officer or employee or former officer or
    employee must advise in writing the head of the department, agency,
    court, or commission with which he is dealing or appearing on
    behalf of the tribe of any personal and substantial involvement he
    may have had as an officer or employee of the United States in
    connection with the matter involved.

    (k), (l) Omitted
    (m) Conversion to career appointment
      The status of an Indian (as defined in section 479 of this title)
    appointed (except temporary appointments) to the Federal service
    under an excepted appointment under the authority of section 472 of
    this title, or any other provision of law granting a preference to
    Indians in personnel actions, shall be converted to a career
    appointment in the competitive service after three years of
    continuous service and satisfactory performance. The conversion
    shall not alter the Indian's eligibility for preference in
    personnel actions.

-SOURCE-
    (Pub. L. 93-638, title I, Sec. 104, formerly Sec. 105, Jan. 4,
    1975, 88 Stat. 2208; Pub. L. 89-702, title II, Sec. 210(a), as
    added Pub. L. 98-129, Sec. 2, Oct. 14, 1983, 97 Stat. 843; Pub. L.
    99-221, Sec. 3(a), Dec. 26, 1985, 99 Stat. 1735; renumbered Sec.
    104 and amended Pub. L. 100-472, title II, Sec. 203, Oct. 5, 1988,
    102 Stat. 2290; Pub. L. 101-301, Sec. 2(a)(6), May 24, 1990, 104
    Stat. 206.)

-COD-
                               CODIFICATION                           
      Section is comprised of section 104 of Pub. L. 93-638. Subsecs.
    (a) to (d) of section 104 of Pub. L. 93-638 are classified to
    section 3371 of Title 5, Government Organization and Employees,
    section 2004b of Title 42, The Public Health and Welfare, section
    456 of Title 50, Appendix, War and National Defense, and section
    4762 of Title 42, respectively. Subsecs. (k) and (l) of section 104
    of Pub. L. 93-638 are classified to section 3372 of Title 5.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 104 of Pub. L. 93-638 was renumbered section 103
    by Pub. L. 100-472 and is classified to section 450h of this title.

                                AMENDMENTS                            
      1990 - Subsec. (m). Pub. L. 101-301 substituted "an Indian (as
    defined in section 479 of this title) appointed (except temporary
    appointments)" for "an Indian appointed".
      1988 - Subsecs. (a), (b). Pub. L. 100-472, Sec. 203(b), (c),
    amended subsecs. (a) and (b). See Codification note above.
      Subsec. (e). Pub. L. 100-472, Sec. 203(d), (e), in introductory
    provisions, substituted "Notwithstanding the provisions of sections
    8347(o), 8713, and 8914 of title 5" for "Notwithstanding any other
    law" and struck out "on or before December 31, 1988" after "title
    43", and in par. (2), inserted "or chapter 84 ('Federal Employees
    Retirement System')". Notwithstanding directory language that the
    substitution of "Notwithstanding the provisions of sections
    8347(o), 8713, and 8914 of title 5" be made in par. (2) of subsec.
    (e), the substitution was made in introductory provisions of
    subsec. (e) to reflect the probable intent of Congress because the
    language replaced appeared only in those introductory provisions.
      Subsecs. (k), (l). Pub. L. 100-472, Sec. 203(f), added subsecs.
    (k) and (l). See Codification note above.
      Subsec. (m). Pub. L. 100-472, Sec. 203(f), added subsec. (m).
      1985 - Subsec. (e). Pub. L. 99-221 substituted "1988" for "1985".
      1983 - Subsec. (e). Pub. L. 89-702, Sec. 210(a), as added by Pub.
    L. 98-129, inserted ", the city of St. Paul, Alaska, the city of
    St. George, Alaska, upon incorporation, or the Village Corporations
    of St. Paul and St. George Islands established pursuant to section
    1607 of title 43".

     PRIBILOF ISLAND NATIVES EMPLOYED BY FEDERAL GOVERNMENT ON OCTOBER
                                 28, 1983
      Pub. L. 89-702, title II, Sec. 210(b), as added by Pub. L. 98-
    129, Sec. 2, Oct. 14, 1983, 97 Stat. 844, provided that:
    "Notwithstanding any other provision of law, any Native of the
    Pribilof Islands employed by the Federal government on October 28,
    1983, shall be deemed to have been covered under chapters 81, 83,
    85 and 87 of title 5, United States Code, on such date for the
    purposes of determining eligibility for continuity of benefits
    under section 105(e) of the Act of January 4, 1975 (Public Law 93-
    638), known as the Indian Self-Determination and Education
    Assistance Act [subsec. (e) of this section]."


-EXEC-
       EX. ORD. NO. 11899. PROVIDING FOR PROTECTION OF CERTAIN CIVIL
     SERVICE EMPLOYMENT RIGHTS OF FEDERAL PERSONNEL WHO LEAVE FEDERAL
             EMPLOYMENT TO BE EMPLOYED BY TRIBAL ORGANIZATIONS
      Ex. Ord. No. 11899, Jan. 26, 1976, 41 F.R. 3459, as amended by
    Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No.
    12608, Sept. 9, 1987, 52 F.R. 34617, provided:
      By virtue of the authority vested in me by section 105(i) of the
    Indian Self-Determination and Education Assistance Act (88 Stat.
    2210, 25 U.S.C. 450i), section 3301 of title 5 of the United States
    Code, section 301 of title 3 of the United States Code, and as
    President of the United States of America, it is hereby ordered as
    follows:
      Section 1. The Office of Personnel Management is hereby
    designated and empowered to exercise, without approval,
    ratification, or other action by the President, but after
    consultation with the Department of the Interior and the Department
    of Health and Human Services, the authority vested in the President
    by Section 105(i) of the Indian Self-Determination and Education
    Assistance Act [subsec. (i) of this section] (hereinafter referred
    to as the Act), to issue regulations necessary to carry out the
    provisions of subsections (e)(2), (e)(3), (e)(4), (f), (g) and (h)
    of section 105 of the act [subsecs. (e)(2), (3), (4), (f), (g), and
    (h) of this section], to carry out the provisions of subsection
    (e)(1) of section 105 of the act [subsec. (e)(1) of this section]
    pertains to section 8151 of title 5 of the United States Code, and
    to protect and assure any other civil service employment rights
    which it finds appropriate.
      Sec. 2. The Office of Personnel Management shall, after
    consultation with the Department of the Interior and the Department
    of Health and Human Services, issue regulations, as it deems
    appropriate, providing for the establishment, granting, and
    exercise of reemployment rights for employees who leave Federal
    employment for employment by an Indian tribal organization under
    provisions of the act.
      Sec. 3. The Secretary of Labor is hereby designated and empowered
    to exercise, without approval, ratification, or other action by the
    President, the authority vested in the President by section 105(i)
    of the act [subsec. (i) of this section] to issue regulations
    necessary to carry out the provisions of section 105(e)(1) of the
    act [subsec. (e)(1) of this section], except as provided in section
    1 of this order.

-FOOTNOTE-
    (!1) So in original. Probably should be "with".


-End-



-CITE-
    25 USC Sec. 450j                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part A - Indian Self-Determination

-HEAD-
    Sec. 450j. Contract or grant provisions and administration

-STATUTE-
    (a) Applicability of Federal contracting laws and regulations;
      waiver of requirements
      (1) Notwithstanding any other provision of law, subject to
    paragraph (3), the contracts and cooperative agreements entered
    into with tribal organizations pursuant to section 450f of this
    title shall not be subject to Federal contracting or cooperative
    agreement laws (including any regulations), except to the extent
    that such laws expressly apply to Indian tribes.
      (2) Program standards applicable to a nonconstruction self-
    determination contract shall be set forth in the contract proposal
    and the final contract of the tribe or tribal organization.
      (3)(A) With respect to a construction contract (or a subcontract
    of such a construction contract), the provisions of the Office of
    Federal Procurement Policy Act (41 U.S.C. 401 et seq.) and the
    regulations relating to acquisitions promulgated under such Act
    shall apply only to the extent that the application of such
    provision to the construction contract (or subcontract) is - 
        (i) necessary to ensure that the contract may be carried out in
      a satisfactory manner;
        (ii) directly related to the construction activity; and
        (iii) not inconsistent with this subchapter.

      (B) A list of the Federal requirements that meet the requirements
    of clauses (i) through (iii) of subparagraph (A) shall be included
    in an attachment to the contract pursuant to negotiations between
    the Secretary and the tribal organization.
      (C)(i) Except as provided in subparagraph (B), no Federal law
    listed in clause (ii) or any other provision of Federal law
    (including an Executive order) relating to acquisition by the
    Federal Government shall apply to a construction contract that a
    tribe or tribal organization enters into under this subchapter,
    unless expressly provided in such law.
      (ii) The laws listed in this paragraph are as follows:
        (I) The Federal Property and Administrative Services Act of
      1949.(!1)

        (II) Section 3709 of the Revised Statutes [41 U.S.C. 5].
        (III) Section 9(c) of the Act of Aug. 2, 1946 (60 Stat. 809,
      chapter 744).
        (IV) Title III of the Federal Property and Administrative
      Services Act of 1949 (63 Stat. 393 et seq., chapter 288) [41
      U.S.C. 251 et seq.].
        (V) Section 13 of the Act of Oct. 3, 1944 (58 Stat. 770;
      chapter 479) [50 U.S.C. App. 1622].
        (VI) Chapters 21, 25, 27, 29, and 31 of title 44.
        (VII) Section 3145 of title 40.
        (VIII) Sections 1 through 12 of the Act of June 30, 1936 (49
      Stat. 2036 et seq. chapter 881) [41 U.S.C. 35-45].
        (IX) The Service Control Act of 1965 (41 U.S.C. 351 et seq.).
        (X) The Small Business Act (15 U.S.C. 631 et seq.).
        (XI) Executive Order Nos. 12138, 11246, 11701 and 11758.
    (b) Payments; transfer of funds by Treasury for disbursement by
      tribal organization; accountability for interest accrued prior to
      disbursement
      Payments of any grants or under any contracts pursuant to
    sections 450f and 450h of this title may be made in advance or by
    way of reimbursement and in such installments and on such
    conditions as the appropriate Secretary deems necessary to carry
    out the purposes of this part. The transfer of funds shall be
    scheduled consistent with program requirements and applicable
    Treasury regulations, so as to minimize the time elapsing between
    the transfer of such funds from the United States Treasury and the
    disbursement thereof by the tribal organization, whether such
    disbursement occurs prior to or subsequent to such transfer of
    funds. Tribal organizations shall not be held accountable for
    interest earned on such funds, pending their disbursement by such
    organization.
    (c) Term of self-determination contracts; annual renegotiation
      (1) A self-determination contract shall be - 
        (A) for a term not to exceed three years in the case of other
      than a mature contract, unless the appropriate Secretary and the
      tribe agree that a longer term would be advisable, and
        (B) for a definite or an indefinite term, as requested by the
      tribe (or, to the extent not limited by tribal resolution, by the
      tribal organization), in the case of a mature contract.

    The amounts of such contracts shall be subject to the availability
    of appropriations.
      (2) The amounts of such contracts may be renegotiated annually to
    reflect changed circumstances and factors, including, but not
    limited to, cost increases beyond the control of the tribal
    organization.
    (d) Calendar year basis for contracts
      (1) Beginning in fiscal year 1990, upon the election of a tribal
    organization, the Secretary shall use the calendar year as the
    basis for any contracts or agreements under this subchapter, unless
    the Secretary and the Indian tribe or tribal organization agree on
    a different period.
      (2) The Secretary shall, on or before April 1 of each year
    beginning in 1992, submit a report to the Congress on the amounts
    of any additional obligation authority needed to implement this
    subsection in the next following fiscal year.
    (e) Effective date for retrocession of contract
      If an Indian tribe, or a tribal organization authorized by a
    tribe, requests retrocession of the appropriate Secretary for any
    contract or portion of a contract entered into pursuant to this
    subchapter, unless the tribe or tribal organization rescinds the
    request for retrocession, such retrocession shall become effective
    on - 
        (1) the earlier of - 
          (A) the date that is 1 year after the date the Indian tribe
        or tribal organization submits such request; or
          (B) the date on which the contract expires; or

        (2) such date as may be mutually agreed by the Secretary and
      the Indian tribe.
    (f) Use of existing school buildings, hospitals, and other
      facilities and equipment therein; acquisition and donation of
      excess or surplus Government personal property
      In connection with any self-determination contract or grant made
    pursuant to section 450f or 450h of this title, the appropriate
    Secretary may - 
        (1) permit an Indian tribe or tribal organization in carrying
      out such contract or grant, to utilize existing school buildings,
      hospitals, and other facilities and all equipment therein or
      appertaining thereto and other personal property owned by the
      Government within the Secretary's jurisdiction under such terms
      and conditions as may be agreed upon for their use and
      maintenance;
        (2) donate to an Indian tribe or tribal organization title to
      any personal or real property found to be excess to the needs of
      the Bureau of Indian Affairs, the Indian Health Service, or the
      General Services Administration, except that - 
          (A) subject to the provisions of subparagraph (B), title to
        property and equipment furnished by the Federal Government for
        use in the performance of the contract or purchased with funds
        under any self-determination contract or grant agreement shall,
        unless otherwise requested by the tribe or tribal organization,
        vest in the appropriate tribe or tribal organization;
          (B) if property described in subparagraph (A) has a value in
        excess of $5,000 at the time of the retrocession, rescission,
        or termination of the self-determination contract or grant
        agreement, at the option of the Secretary, upon the
        retrocession, rescission, or termination, title to such
        property and equipment shall revert to the Department of the
        Interior or the Department of Health and Human Services, as
        appropriate; and
          (C) all property referred to in subparagraph (A) shall remain
        eligible for replacement on the same basis as if title to such
        property were vested in the United States; and

        (3) acquire excess or surplus Government personal or real
      property for donation to an Indian tribe or tribal organization
      if the Secretary determines the property is appropriate for use
      by the tribe or tribal organization for a purpose for which a
      self-determination contract or grant agreement is authorized
      under this subchapter.
    (g) Performance of personal services
      The contracts authorized under section 450f of this title and
    grants pursuant to section 450h of this title may include
    provisions for the performance of personal services which would
    otherwise be performed by Federal employees including, but in no
    way limited to, functions such as determination of eligibility of
    applicants for assistance, benefits, or services, and the extent or
    amount of such assistance, benefits, or services to be provided and
    the provisions of such assistance, benefits, or services, all in
    accordance with the terms of the contract or grant and applicable
    rules and regulations of the appropriate Secretary: Provided, That
    the Secretary shall not make any contract which would impair his
    ability to discharge his trust responsibilities to any Indian tribe
    or individuals.
    (h) Fair and uniform provision by tribal organization of services
      and assistance to covered Indians
      Contracts and grants with tribal organizations pursuant to
    sections 450f and 450h of this title shall include provisions to
    assure the fair and uniform provision by such tribal organizations
    of the services and assistance they provide to Indians under such
    contracts and grants.
    (i) Division of administration of program
      (1) If a self-determination contract requires the Secretary to
    divide the administration of a program that has previously been
    administered for the benefit of a greater number of tribes than are
    represented by the tribal organization that is a party to the
    contract, the Secretary shall take such action as may be necessary
    to ensure that services are provided to the tribes not served by a
    self-determination contract, including program redesign in
    consultation with the tribal organization and all affected tribes.
      (2) Nothing in this part shall be construed to limit or reduce in
    any way the funding for any program, project, or activity serving a
    tribe under this or other applicable Federal law. Any tribe or
    tribal organization that alleges that a self-determination contract
    is in violation of this section may apply the provisions of section
    450m-1 of this title.
    (j) Proposal to redesign program, activity, function, or service
      Upon providing notice to the Secretary, a tribal organization
    that carries out a nonconstruction self-determination contract may
    propose a redesign of a program, activity, function, or service
    carried out by the tribal organization under the contract,
    including any nonstatutory program standard, in such manner as to
    best meet the local geographic, demographic, economic, cultural,
    health, and institutional needs of the Indian people and tribes
    served under the contract. The Secretary shall evaluate any
    proposal to redesign any program, activity, function, or service
    provided under the contract. With respect to declining to approve a
    redesigned program, activity, function, or service under this
    subsection, the Secretary shall apply the criteria and procedures
    set forth in section 450f of this title.
    (k) Access to Federal sources of supply
      For purposes of section 501 of title 40 (relating to Federal
    sources of supply, including lodging providers, airlines and other
    transportation providers), a tribal organization carrying out a
    contract, grant, or cooperative agreement under this subchapter
    shall be deemed an executive agency and part of the Indian Health
    Service when carrying out such contract, grant, or agreement and
    the employees of the tribal organization shall be eligible to have
    access to such sources of supply on the same basis as employees of
    an executive agency have such access. For purposes of carrying out
    such contract, grant, or agreement, the Secretary shall, at the
    request of an Indian tribe, enter into an agreement for the
    acquisition, on behalf of the Indian tribe, of any goods, services,
    or supplies available to the Secretary from the General Services
    Administration or other Federal agencies that are not directly
    available to the Indian tribe under this section or under any other
    Federal law, including acquisitions from prime vendors. All such
    acquisitions shall be undertaken through the most efficient and
    speedy means practicable, including electronic ordering
    arrangements.
    (l) Lease of facility used for administration and delivery of
      services
      (1) Upon the request of an Indian tribe or tribal organization,
    the Secretary shall enter into a lease with the Indian tribe or
    tribal organization that holds title to, a leasehold interest in,
    or a trust interest in, a facility used by the Indian tribe or
    tribal organization for the administration and delivery of services
    under this subchapter.
      (2) The Secretary shall compensate each Indian tribe or tribal
    organization that enters into a lease under paragraph (1) for the
    use of the facility leased for the purposes specified in such
    paragraph. Such compensation may include rent, depreciation based
    on the useful life of the facility, principal and interest paid or
    accrued, operation and maintenance expenses, and such other
    reasonable expenses that the Secretary determines, by regulation,
    to be allowable.
    (m) Statutory requirements; technical assistance; precontract
      negotiation phase; fixed price construction contract
      (1) Each construction contract requested, approved, or awarded
    under this subchapter, shall be subject to - 
        (A) except as otherwise provided in this subchapter, the
      provisions of this subchapter, other than sections 450f(a)(2),
      450j-1(l), 450l and 450m of this title; and
        (B) section 314 of the Department of the Interior and Related
      Agencies Appropriations Act, 1991 (104 Stat. 1959).

      (2) In providing technical assistance to tribes and tribal
    organizations in the development of construction contract
    proposals, the Secretary shall provide, not later than 30 days
    after receiving a request from a tribe or tribal organization, all
    information available to the Secretary regarding the construction
    project, including construction drawings, maps, engineering
    reports, design reports, plans of requirements, cost estimates,
    environmental assessments or environmental impact reports, and
    archaeological reports.
      (3) Prior to finalizing a construction contract proposal pursuant
    to section 450f(a) of this title, and upon request of the tribe or
    tribal organization that submits the proposal, the Secretary shall
    provide for a precontract negotiation phase in the development of a
    contract proposal. Such phase shall include, at a minimum, the
    following elements:
        (A) The provision of technical assistance pursuant to section
      450h of this title and paragraph (2).
        (B) A joint scoping session between the Secretary and the tribe
      or tribal organization to review all plans, specifications,
      engineering reports, cost estimates, and other information
      available to the parties, for the purpose of identifying all
      areas of agreement and disagreement.
        (C) An opportunity for the Secretary to revise the plans,
      designs, or cost estimates of the Secretary in response to
      concerns raised, or information provided by, the tribe or tribal
      organization.
        (D) A negotiation session during which the Secretary and the
      tribe or tribal organization shall seek to develop a mutually
      agreeable contract proposal.
        (E) Upon the request of the tribe or tribal organization, the
      use of an alternative dispute resolution mechanism to seek
      resolution of all remaining areas of disagreement pursuant to the
      dispute resolution provisions under subchapter IV of chapter 5 of
      title 5.
        (F) The submission to the Secretary by the tribe or tribal
      organization of a final contract proposal pursuant to section
      450f(a) of this title.

      (4)(A) Subject to subparagraph (B), in funding a fixed-price
    construction contract pursuant to section 450j-1(a) of this title,
    the Secretary shall provide for the following:
        (i) The reasonable costs to the tribe or tribal organization
      for general administration incurred in connection with the
      project that is the subject of the contract.
        (ii) The ability of the contractor that carries out the
      construction contract to make a reasonable profit, taking into
      consideration the risks associated with carrying out the contract
      and other relevant considerations.

      (B) In establishing a contract budget for a construction project,
    the Secretary shall not be required to separately identify the
    components described in clauses (i) and (ii) of subparagraph (A).
      (C) The total amount awarded under a construction contract shall
    reflect an overall fair and reasonable price to the parties,
    including the following costs:
        (i) The reasonable costs to the tribal organization of
      performing the contract, taking into consideration the terms of
      the contract and the requirements of this subchapter and any
      other applicable law.
        (ii) The costs of preparing the contract proposal and
      supporting cost data.
        (iii) The costs associated with auditing the general and
      administrative costs of the tribal organization associated with
      the management of the construction contract.
        (iv) In the case of a fixed-price contract, a fair profit
      determined by taking into consideration the relevant risks and
      local market conditions.
        (v) If the Secretary and the tribe or tribal organization are
      unable to develop a mutually agreeable construction contract
      proposal pursuant to the procedures set forth in this subsection,
      the tribe or tribal organization may submit a final contract
      proposal to the Secretary. Not later than 30 days after receiving
      such final contract proposal, the Secretary shall approve the
      contract proposal and award the contract, unless, during such
      period the Secretary declines the proposal pursuant to
      subsections (a)(2) and (b) (!2) of section 450f of this title
      (including providing opportunity for an appeal pursuant to
      section 450f(b) of this title).

    (n) Rental rates for housing for Government employees in Alaska
      Notwithstanding any other provision of law, the rental rates for
    housing provided to an employee by the Federal Government in Alaska
    pursuant to a self-determination contract shall be determined on
    the basis of - 
        (1) the reasonable value of the quarters and facilities (as
      such terms are defined under section 5911 of title 5) to such
      employee, and
        (2) the circumstances under which such quarters and facilities
      are provided to such employee,

    as based on the cost of comparable private rental housing in the
    nearest established community with a year-round population of 1,500
    or more individuals.
    (o) Patient records
      (1) In general
        At the option of an Indian tribe or tribal organization,
      patient records may be deemed to be Federal records under those
      provisions of title 44 that are commonly referred to as the
      "Federal Records Act of 1950" for the limited purposes of making
      such records eligible for storage by Federal Records Centers to
      the same extent and in the same manner as other Department of
      Health and Human Services patient records.
      (2) Treatment of records
        Patient records that are deemed to be Federal records under
      those provisions of title 44 that are commonly referred to as the
      "Federal Records Act of 1950" pursuant to this subsection shall
      not be considered Federal records for the purposes of chapter 5
      of title 5.

-SOURCE-
    (Pub. L. 93-638, title I, Sec. 105, formerly Sec. 106, Jan. 4,
    1975, 88 Stat. 2210; renumbered Sec. 105 and amended Pub. L. 100-
    472, title II, Sec. 204, Oct. 5, 1988, 102 Stat. 2291; Pub. L. 101-
    301, Sec. 2(a)(7), May 24, 1990, 104 Stat. 207; Pub. L. 101-644,
    title II, Sec. 203(c)-(e), Nov. 29, 1990, 104 Stat. 4666; Pub. L.
    103-413, title I, Secs. 102(10)-(13), 106, Oct. 25, 1994, 108 Stat.
    4253-4255, 4270; Pub. L. 104-109, Sec. 7, Feb. 12, 1996, 110 Stat.
    764; Pub. L. 106-260, Secs. 7, 8, Aug. 18, 2000, 114 Stat. 732,
    733.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Office of Federal Procurement Policy Act, referred to in
    subsec. (a)(3)(A), is Pub. L. 93-400, Aug. 30, 1974, 88 Stat. 796,
    as amended, which is classified principally to chapter 7 (Sec. 401
    et seq.) of Title 41, Public Contracts. For complete classification
    of this Act to the Code, see Short Title note set out under section
    401 of Title 41 and Tables.
      The Federal Property and Administrative Services Act of 1949,
    referred to in subsec. (a)(3)(C)(ii)(I), (IV), is act June 30,
    1949, ch. 288, 63 Stat. 377, as amended. Except for title III of
    the Act, which is classified generally to subchapter IV (Sec. 251
    et seq.) of chapter 4 of Title 41, Public Contracts, the Act was
    repealed and reenacted by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21,
    2002, 116 Stat. 1062, 1304, as chapters 1 to 11 of Title 40, Public
    Buildings, Property, and Works.
      Section 9(c) of the Act of Aug. 2, 1946, referred to in subsec.
    (a)(3)(C)(ii)(III), is section 9(c) of act Aug. 2, 1946, ch. 744,
    60 Stat. 809, which amended section 5 of Title 41.
      The Service Control Act of 1965, referred to in subsec.
    (a)(3)(C)(ii)(IX), probably means the Service Contract Act of 1965,
    or Pub. L. 89-286, Oct. 22, 1965, 79 Stat. 1034, as amended, which
    is classified generally to chapter 6 (Sec. 351 et seq.) of Title
    41. For complete classification of this Act to the Code, see Short
    Title note set out under section 351 of Title 41 and Tables.
      The Small Business Act, referred to in subsec. (a)(3)(C)(ii)(X),
    is Pub. L. 85-536, July 18, 1958, 72 Stat. 384, as amended, which
    is classified generally to chapter 14A (Sec. 631 et seq.) of Title
    15, Commerce and Trade. For complete classification of this Act to
    the Code, see Short Title note set out under section 631 of Title
    15 and Tables.
      Executive Order Nos. 12138, 11246, 11701 and 11758, referred to
    in subsec. (a)(3)(C)(ii)(XI), are Ex. Ord. No. 12138, May 18, 1979,
    44 F.R. 29637, as amended, which is set out as a note under section
    631 of Title 15, Ex. Ord. No. 11246, Sept. 24, 1965, 30 F.R. 12319,
    as amended, which is set out as a note under section 2000e of Title
    42, The Public Health and Welfare, Ex. Ord. No. 11701, Jan. 24,
    1973, 38 F.R. 2675, which is set out as a note under section 4212
    of Title 38, Veterans' Benefits, and Ex. Ord. No. 11758, Jan. 15,
    1974, 39 F.R. 2075, as amended, which is set out as a note under
    section 701 of Title 29, Labor.
      This part, referred to in subsecs. (b) and (i)(2), was in the
    original "this title", meaning title I of Pub. L. 93-638, known as
    the Indian Self-Determination Act, which is classified principally
    to this part (450f et seq.). For complete classification of title I
    to the Code, see Short Title note set out under section 450 of this
    title and Tables.
      Section 314 of the Department of the Interior and Related
    Agencies Appropriations Act, 1991, referred to in subsec.
    (m)(1)(B), is section 314 of Pub. L. 101-512, which is set out as a
    note under section 450f of this title.
      Subsections (a)(2) and (b) of section 450f of this title,
    referred to in subsec. (m)(4)(C)(v), was in the original "sections
    102(a)(2) and 102(b) of section 102", and was translated as reading
    "subsections (a)(2) and (b) of section 102", meaning section 102 of
    Pub. L. 93-638, to reflect the probable intent of Congress.
      The Federal Records Act of 1950, referred to in subsec. (o), was
    title V of act June 30, 1949, ch. 288, as added Sept. 5, 1950, ch.
    849, Sec. 6(d), 64 Stat. 583, which was classified generally to
    sections 392 to 396 and 397 to 401 of former Title 44, Public
    Printing and Documents. Section 6(d) of act Sept. 5, 1950, was
    repealed by Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1238, the first
    section of which enacted Title 44, Public Printing and Documents.
    For disposition of sections of former Title 44, see Table at the
    beginning of Title 44. Title V of act June 30, 1949, was repealed
    by Pub. L. 107-217, Sec. 4, Aug. 21, 2002, 116 Stat. 1303.

-COD-
                               CODIFICATION                           
      "Section 3145 of title 40" substituted in subsec.
    (a)(3)(C)(ii)(VII) for "Section 2 of the Act of June 13, 1934 (48
    Stat 948, chapter 483 [meaning chapter 482])" and "section 501 of
    title 40" substituted in subsec. (k) for "section 201(a) of the
    Federal Property and Administrative Services Act of 1949 (40 U.S.C.
    481(a))" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002,
    116 Stat. 1303, the first section of which enacted Title 40, Public
    Buildings, Property, and Works.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 105 of Pub. L. 93-638 was renumbered section 104
    by Pub. L. 100-472 and is classified to section 450i of this title.

                                AMENDMENTS                            
      2000 - Subsec. (k). Pub. L. 106-260, Sec. 7, substituted "deemed
    an executive agency and part of the Indian Health Service" for
    "deemed an executive agency" and inserted at end "For purposes of
    carrying out such contract, grant, or agreement, the Secretary
    shall, at the request of an Indian tribe, enter into an agreement
    for the acquisition, on behalf of the Indian tribe, of any goods,
    services, or supplies available to the Secretary from the General
    Services Administration or other Federal agencies that are not
    directly available to the Indian tribe under this section or under
    any other Federal law, including acquisitions from prime vendors.
    All such acquisitions shall be undertaken through the most
    efficient and speedy means practicable, including electronic
    ordering arrangements."
      Subsec. (o). Pub. L. 106-260, Sec. 8, added subsec. (o).
      1996 - Subsec. (e). Pub. L. 104-109 made technical amendment to
    directory language of Pub. L. 103-413, Sec. 102(11). See 1994
    Amendment note below.
      1994 - Subsec. (a). Pub. L. 103-413, Sec. 102(10), added subsec.
    (a) and struck out former subsec. (a) which read as follows:
    "Contracts with tribal organizations pursuant to section 450f of
    this title shall be in accordance with all Federal contracting laws
    and regulations except that, in the discretion of the appropriate
    Secretary, such contracts may be negotiated without advertising and
    need not conform with the provisions of sections 270a to 270d of
    title 40: Provided, That the appropriate Secretary may waive any
    provisions of such contracting laws or regulations which he
    determines are not appropriate for the purposes of the contract
    involved or inconsistent with the provisions of this Act: Provided
    further, That, except for construction contracts (or sub-contracts
    of such a construction contract), the Office of Federal Procurement
    Policy Act (88 Stat. 796; 41 U.S.C. 401 et seq.) and Federal
    acquisition regulations promulgated thereunder shall not apply to
    self-determination contracts."
      Subsec. (e). Pub. L. 103-413, Sec. 102(11), as amended by Pub. L.
    104-109, added subsec. (e) and struck out former subsec. (e) which
    read as follows: "Whenever an Indian tribe requests retrocession of
    the appropriate Secretary for any contract entered into pursuant to
    this Act, such retrocession shall become effective one year from
    the date of the request by the Indian tribe or at such date as may
    be mutually agreed by the Secretary and the Indian tribe."
      Subsec. (f)(2). Pub. L. 103-413, Sec. 102(12), added par. (2) and
    struck out former par. (2) which read as follows: "donate to an
    Indian tribe or tribal organization the title to any personal or
    real property found to be excess to the needs of the Bureau of
    Indian Affairs, the Indian Health Service, or the General Services
    Administration, including property and equipment purchased with
    funds under any self-determination contract or grant agreement;
    and".
      Subsec. (h). Pub. L. 103-413, Sec. 106, struck out "and the rules
    and regulations adopted by the Secretaries of the Interior and
    Health and Human Services pursuant to section 450k of this title"
    after "sections 450f and 450h of this title".
      Subsecs. (i) to (n). Pub. L. 103-413, Sec. 102(13), added
    subsecs. (i) to (n).
      1990 - Subsec. (a). Pub. L. 101-301 substituted "sub-contracts of
    such a construction contract" for "sub-contracts in such cases
    where the tribal contractor has sub-contracted the activity".
      Subsec. (c)(1)(B). Pub. L. 101-644, Sec. 203(c), amended subpar.
    (B) generally. Prior to amendment, subpar. (B) read as follows:
    "for an indefinite term in the case of a mature contract."
      Subsec. (d). Pub. L. 101-644, Sec. 203(d), amended subsec. (d)
    generally. Prior to amendment, subsec. (d) read as follows:
      "(1) No later than fiscal year 1990, the Secretary shall begin
    using the calendar year as the basis for contracts and agreements
    under this Act except for instances where the Secretary and the
    Indian tribe or tribal organization agree on a different period.
      "(2) The Secretary shall submit a report to the Congress within
    ninety days of October 5, 1988, on the amounts of any additional
    obligational authority needed to implement this subsection in
    fiscal year 1989."
      Subsec. (f)(2), (3). Pub. L. 101-644, Sec. 203(e), inserted "or
    real" after "personal".
      1988 - Subsec. (a). Pub. L. 100-472, Sec. 204(b), (c),
    substituted "section 450f" for "sections 450f and 450g" and
    inserted proviso relating to nonapplication of Office of Federal
    Procurement Policy Act to self-determination contracts.
      Subsec. (b). Pub. L. 100-472, Sec. 204(d), which directed the
    amendment of subsec. (b) by substituting "sections 450f and 450h"
    for "sections 450f, 450g, and 450h" was executed by substituting
    the new language for "section 450f, 450g, or 450h" as the probable
    intent of Congress.
      Subsec. (c). Pub. L. 100-472, Sec. 204(e), added subsec. (c) and
    struck out former subsec. (c) which read as follows: "Any contract
    requested by a tribe pursuant to sections 450f and 450g of this
    title shall be for a term not to exceed one year unless the
    appropriate Secretary determines that a longer term would be
    advisable: Provided, That such term may not exceed three years and
    shall be subject to the availability of appropriations: Provided,
    further, That the amounts of such contracts may be renegotiated
    annually to reflect factors, including but not limited to cost
    increases beyond the control of a tribal organization."
      Subsec. (d). Pub. L. 100-472, Sec. 204(e), added subsec. (d) and
    struck out former subsec. (d) which related to revision or
    amendment of contracts or grants at request or with consent of
    tribal organization and effective date for retrocession of
    contracts.
      Subsec. (e). Pub. L. 100-472, Sec. 204(e), added subsec. (e) and
    struck out former subsec. (e) which authorized the Secretary to
    permit tribal organizations to use existing school buildings,
    hospitals, and other facilities and equipment therein in carrying
    out grants or contracts.
      Subsec. (f). Pub. L. 100-472, Sec. 204(e), added subsec. (f).
    Former subsec. (f) redesignated (g).
      Subsec. (g). Pub. L. 100-472, Sec. 204(f), redesignated former
    subsec. (f) as (g) and substituted "section 450f" for "sections
    450f and 450g". Former subsec. (g) redesignated (h).
      Subsec. (h). Pub. L. 100-472, Sec. 204(g), (h), redesignated
    former subsec. (g) as (h), substituted "sections 450f and 450h" for
    "sections 450f, 450g, and 450h", and "Health and Human Services"
    for "Health, Education, and Welfare". Former subsec. (h), which
    related to minimum amount of funds under terms of contracts, was
    struck out.

                  CONTINUED AVAILABILITY OF CERTAIN FUNDS              
      Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998,
    105 Stat. 2681-231, 2681-246, provided in part that: "hereafter
    funds made available to tribes and tribal organizations through
    contracts, compact agreements, or grants, as authorized by the
    Indian Self-Determination Act of 1975 [25 U.S.C. 450f et seq.] or
    grants authorized by the Indian Education Amendments of 1988 (25
    U.S.C. 2001 and 2008A [probably means prior versions of 25 U.S.C.
    2001 and 2008a]) shall remain available until expended by the
    contractor or grantee".

-FOOTNOTE-               

    (!1) See References in Text note below.

    (!2) See References in Text note below.


-End-



-CITE-
    25 USC Sec. 450j-1                                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part A - Indian Self-Determination

-HEAD-
    Sec. 450j-1. Contract funding and indirect costs

-STATUTE-
    (a) Amount of funds provided
      (1) The amount of funds provided under the terms of self-
    determination contracts entered into pursuant to this subchapter
    shall not be less than the appropriate Secretary would have
    otherwise provided for the operation of the programs or portions
    thereof for the period covered by the contract, without regard to
    any organizational level within the Department of the Interior or
    the Department of Health and Human Services, as appropriate, at
    which the program, function, service, or activity or portion
    thereof, including supportive administrative functions that are
    otherwise contractable, is operated.
      (2) There shall be added to the amount required by paragraph (1)
    contract support costs which shall consist of an amount for the
    reasonable costs for activities which must be carried on by a
    tribal organization as a contractor to ensure compliance with the
    terms of the contract and prudent management, but which - 
        (A) normally are not carried on by the respective Secretary in
      his direct operation of the program; or
        (B) are provided by the Secretary in support of the contracted
      program from resources other than those under contract.

      (3)(A) The contract support costs that are eligible costs for the
    purposes of receiving funding under this subchapter shall include
    the costs of reimbursing each tribal contractor for reasonable and
    allowable costs of - 
        (i) direct program expenses for the operation of the Federal
      program that is the subject of the contract, and
        (ii) any additional administrative or other expense related to
      the overhead incurred by the tribal contractor in connection with
      the operation of the Federal program, function, service, or
      activity pursuant to the contract,

    except that such funding shall not duplicate any funding provided
    under subsection (a)(1) of this section.
      (B) On an annual basis, during such period as a tribe or tribal
    organization operates a Federal program, function, service, or
    activity pursuant to a contract entered into under this subchapter,
    the tribe or tribal organization shall have the option to negotiate
    with the Secretary the amount of funds that the tribe or tribal
    organization is entitled to receive under such contract pursuant to
    this paragraph.
      (4) For each fiscal year during which a self-determination
    contract is in effect, any savings attributable to the operation of
    a Federal program, function, service, or activity under a self-
    determination contract by a tribe or tribal organization
    (including a cost reimbursement construction contract) shall - 
        (A) be used to provide additional services or benefits under
      the contract; or
        (B) be expended by the tribe or tribal organization in the
      succeeding fiscal year, as provided in section 13a of this title.

      (5) Subject to paragraph (6), during the initial year that a self-
    determination contract is in effect, the amount required to be
    paid under paragraph (2) shall include startup costs consisting of
    the reasonable costs that have been incurred or will be incurred on
    a one-time basis pursuant to the contract necessary - 
        (A) to plan, prepare for, and assume operation of the program,
      function, service, or activity that is the subject of the
      contract; and
        (B) to ensure compliance with the terms of the contract and
      prudent management.

      (6) Costs incurred before the initial year that a self-
    determination contract is in effect may not be included in the
    amount required to be paid under paragraph (2) if the Secretary
    does not receive a written notification of the nature and extent of
    the costs prior to the date on which such costs are incurred.
    (b) Reductions and increases in amount of funds provided
      The amount of funds required by subsection (a) of this section - 
        (1) shall not be reduced to make funding available for contract
      monitoring or administration by the Secretary;
        (2) shall not be reduced by the Secretary in subsequent years
      except pursuant to - 
          (A) a reduction in appropriations from the previous fiscal
        year for the program or function to be contracted;
          (B) a directive in the statement of the managers accompanying
        a conference report on an appropriation bill or continuing
        resolution;
          (C) a tribal authorization;
          (D) a change in the amount of pass-through funds needed under
        a contract; or
          (E) completion of a contracted project, activity, or program;

        (3) shall not be reduced by the Secretary to pay for Federal
      functions, including, but not limited to, Federal pay costs,
      Federal employee retirement benefits, automated data processing,
      contract technical assistance or contract monitoring;
        (4) shall not be reduced by the Secretary to pay for the costs
      of Federal personnel displaced by a self-determination contract;
      and
        (5) may, at the request of the tribal organization, be
      increased by the Secretary if necessary to carry out this
      subchapter or as provided in section 450j(c) of this title.

    Notwithstanding any other provision in this subchapter, the
    provision of funds under this subchapter is subject to the
    availability of appropriations and the Secretary is not required to
    reduce funding for programs, projects, or activities serving a
    tribe to make funds available to another tribe or tribal
    organization under this subchapter.
    (c) Annual reports
      Not later than May 15 of each year, the Secretary shall prepare
    and submit to Congress an annual report on the implementation of
    this subchapter. Such report shall include - 
        (1) an accounting of the total amounts of funds provided for
      each program and the budget activity for direct program costs and
      contract support costs of tribal organizations under self-
      determination;
        (2) an accounting of any deficiency in funds needed to provide
      required contract support costs to all contractors for the fiscal
      year for which the report is being submitted;
        (3) the indirect cost rate and type of rate for each tribal
      organization that has been negotiated with the appropriate
      Secretary;
        (4) the direct cost base and type of base from which the
      indirect cost rate is determined for each tribal organization;
        (5) the indirect cost pool amounts and the types of costs
      included in the indirect cost pool; and
        (6) an accounting of any deficiency in funds needed to maintain
      the preexisting level of services to any Indian tribes affected
      by contracting activities under this subchapter, and a statement
      of the amount of funds needed for transitional purposes to enable
      contractors to convert from a Federal fiscal year accounting
      cycle, as authorized by section 450j(d) of this title.
    (d) Treatment of shortfalls in indirect cost recoveries
      (1) Where a tribal organization's allowable indirect cost
    recoveries are below the level of indirect costs that the tribal
    organizations should have received for any given year pursuant to
    its approved indirect cost rate, and such shortfall is the result
    of lack of full indirect cost funding by any Federal, State, or
    other agency, such shortfall in recoveries shall not form the basis
    for any theoretical over-recovery or other adverse adjustment to
    any future years' indirect cost rate or amount for such tribal
    organization, nor shall any agency seek to collect such shortfall
    from the tribal organization.
      (2) Nothing in this subsection shall be construed to authorize
    the Secretary to fund less than the full amount of need for
    indirect costs associated with a self-determination contract.
    (e) Liability for indebtedness incurred before fiscal year 1992
      Indian tribes and tribal organizations shall not be held liable
    for amounts of indebtedness attributable to theoretical or actual
    under-recoveries or theoretical over-recoveries of indirect costs,
    as defined in Office of Management and Budget Circular A-87,
    incurred for fiscal years prior to fiscal year 1992.
    (f) Limitation on remedies relating to cost disallowances
      Any right of action or other remedy (other than those relating to
    a criminal offense) relating to any disallowance of costs shall be
    barred unless the Secretary has given notice of any such
    disallowance within three hundred and sixty-five days of receiving
    any required annual single agency audit report or, for any period
    covered by law or regulation in force prior to October 19, 1984,
    any other required final audit report. Such notice shall set forth
    the right of appeal and hearing to the board of contract appeals
    pursuant to section 450m-1 of this title. For the purpose of
    determining the 365-day period specified in this paragraph, an
    audit report shall be deemed to have been received on the date of
    actual receipt by the Secretary, if, within 60 days after receiving
    the report, the Secretary does not give notice of a determination
    by the Secretary to reject the single-agency report as insufficient
    due to noncompliance with chapter 75 of title 31 or noncompliance
    with any other applicable law. Nothing in this subsection shall be
    deemed to enlarge the rights of the Secretary with respect to
    section 476 of this title.
    (g) Addition to contract of full amount contractor entitled;
      adjustment
      Upon the approval of a self-determination contract, the Secretary
    shall add to the contract the full amount of funds to which the
    contractor is entitled under subsection (a) of this section,
    subject to adjustments for each subsequent year that such tribe or
    tribal organization administers a Federal program, function,
    service, or activity under such contract.
    (h) Indirect costs for contracts for construction programs
      In calculating the indirect costs associated with a self-
    determination contract for a construction program, the Secretary
    shall take into consideration only those costs associated with the
    administration of the contract and shall not take into
    consideration those moneys actually passed on by the tribal
    organization to construction contractors and subcontractors.
    (i) Indian Health Service and Bureau of Indian Affairs budget
      consultations
      On an annual basis, the Secretary shall consult with, and solicit
    the participation of, Indian tribes and tribal organizations in the
    development of the budget for the Indian Health Service and the
    Bureau of Indian Affairs (including participation of Indian tribes
    and tribal organizations in formulating annual budget requests that
    the Secretary submits to the President for submission to Congress
    pursuant to section 1105 of title 31).
    (j) Use of funds for matching or cost participation requirements
      Notwithstanding any other provision of law, a tribal organization
    may use funds provided under a self-determination contract to meet
    matching or cost participation requirements under other Federal and
    non-Federal programs.
    (k) Allowable uses of funds without approval of Secretary
      Without intending any limitation, a tribal organization may,
    without the approval of the Secretary, expend funds provided under
    a self-determination contract for the following purposes, to the
    extent that the expenditure of the funds is supportive of a
    contracted program:
        (1) Depreciation and use allowances not otherwise specifically
      prohibited by law, including the depreciation of facilities owned
      by the tribe or tribal organization.
        (2) Publication and printing costs.
        (3) Building, realty, and facilities costs, including rental
      costs or mortgage expenses.
        (4) Automated data processing and similar equipment or
      services.
        (5) Costs for capital assets and repairs.
        (6) Management studies.
        (7) Professional services, other than services provided in
      connection with judicial proceedings by or against the United
      States.
        (8) Insurance and indemnification, including insurance covering
      the risk of loss of or damage to property used in connection with
      the contract without regard to the ownership of such property.
        (9) Costs incurred to raise funds or contributions from non-
      Federal sources for the purpose of furthering the goals and
      objectives of the self-determination contract.
        (10) Interest expenses paid on capital expenditures such as
      buildings, building renovation, or acquisition or fabrication of
      capital equipment, and interest expenses on loans necessitated
      due to delays by the Secretary in providing funds under a
      contract.
        (11) Expenses of a governing body of a tribal organization that
      are attributable to the management or operation of programs under
      this subchapter.
        (12) Costs associated with the management of pension funds,
      self-insurance funds, and other funds of the tribal organization
      that provide for participation by the Federal Government.
    (l) Suspension, withholding, or delay in payment of funds
      (1) The Secretary may only suspend, withhold, or delay the
    payment of funds for a period of 30 days beginning on the date the
    Secretary makes a determination under this paragraph to a tribal
    organization under a self-determination contract, if the Secretary
    determines that the tribal organization has failed to substantially
    carry out the contract without good cause. In any such case, the
    Secretary shall provide the tribal organization with reasonable
    advance written notice, technical assistance (subject to available
    resources) to assist the tribal organization, a hearing on the
    record not later than 10 days after the date of such determination
    or such later date as the tribal organization shall approve, and
    promptly release any funds withheld upon subsequent compliance.
      (2) With respect to any hearing or appeal conducted pursuant to
    this subsection, the Secretary shall have the burden of proof to
    establish by clearly demonstrating the validity of the grounds for
    suspending, withholding, or delaying payment of funds.
    (m) Use of program income earned
      The program income earned by a tribal organization in the course
    of carrying out a self-determination contract - 
        (1) shall be used by the tribal organization to further the
      general purposes of the contract; and
        (2) shall not be a basis for reducing the amount of funds
      otherwise obligated to the contract.
    (n) Reduction of administrative or other responsibilities of
      Secretary; use of savings
      To the extent that programs, functions, services, or activities
    carried out by tribal organizations pursuant to contracts entered
    into under this subchapter reduce the administrative or other
    responsibilities of the Secretary with respect to the operation of
    Indian programs and result in savings that have not otherwise been
    included in the amount of contract funds determined under
    subsection (a) of this section, the Secretary shall make such
    savings available for the provision of additional services to
    program beneficiaries, either directly or through contractors, in a
    manner equitable to both direct and contracted programs.
    (o) Rebudgeting by tribal organization
      Notwithstanding any other provision of law (including any
    regulation), a tribal organization that carries out a self-
    determination contract may, with respect to allocations within the
    approved budget of the contract, rebudget to meet contract
    requirements, if such rebudgeting would not have an adverse effect
    on the performance of the contract.

-SOURCE-
    (Pub. L. 93-638, title I, Sec. 106, as added Pub. L. 100-472, title
    II, Sec. 205, Oct. 5, 1988, 102 Stat. 2292; amended Pub. L. 101-
    301, Sec. 2(a)(8), (9), May 24, 1990, 104 Stat. 207; Pub. L. 101-
    644, title II, Sec. 203(a), Nov. 29, 1990, 104 Stat. 4666; Pub. L.
    103-413, title I, Sec. 102(14)-(19), Oct. 25, 1994, 108 Stat. 4257-
    4259; Pub. L. 105-362, title VIII, Sec. 801(g), Nov. 10, 1998, 112
    Stat. 3288; Pub. L. 106-260, Sec. 9, Aug. 18, 2000, 114 Stat. 733.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 106 of Pub. L. 93-638 was renumbered section 105
    by Pub. L. 100-472 and is classified to section 450j of this title.

                                AMENDMENTS                            
      2000 - Subsecs. (c) to (o). Pub. L. 106-260 added subsec. (c) and
    redesignated former subsecs. (c) to (n) as (d) to (o),
    respectively.
      1998 - Subsecs. (c) to (o). Pub. L. 105-362 redesignated subsecs.
    (d) to (o) as (c) to (n), respectively, and struck out former
    subsec. (c) which related to Secretary's annual report to Congress
    on implementation of this subchapter.
      1994 - Subsec. (a)(1). Pub. L. 103-413, Sec. 102(14)(A), inserted
    before period at end ", without regard to any organizational level
    within the Department of the Interior or the Department of Health
    and Human Services, as appropriate, at which the program, function,
    service, or activity or portion thereof, including supportive
    administrative functions that are otherwise contractable, is
    operated".
      Subsec. (a)(2). Pub. L. 103-413, Sec. 102(14)(B), inserted "an
    amount for" after "consist of".
      Subsec. (a)(3). Pub. L. 103-413, Sec. 102(14)(C), added par. (3)
    and struck out former par. (3) which read as follows: "Any savings
    in operation under a self-determination contract shall be utilized
    to provide additional services or benefits under the contract or be
    expended in the succeeding fiscal year as provided in section 13a
    of this title."
      Subsec. (a)(4) to (6). Pub. L. 103-413, Sec. 102(14)(C), added
    pars. (4) to (6).
      Subsec. (c). Pub. L. 103-413, Sec. 102(15)(A), substituted "May
    15" for "March 15" in introductory provisions.
      Subsec. (c)(1), (2). Pub. L. 103-413, Sec. 102(15)(B),
    substituted "contract support costs" for "indirect costs".
      Subsec. (c)(6). Pub. L. 103-413, Sec. 102(15)(C)-(E), added par.
    (6).
      Subsec. (f). Pub. L. 103-413, Sec. 102(16), inserted after second
    sentence "For the purpose of determining the 365-day period
    specified in this paragraph, an audit report shall be deemed to
    have been received on the date of actual receipt by the Secretary,
    if, within 60 days after receiving the report, the Secretary does
    not give notice of a determination by the Secretary to reject the
    single-agency report as insufficient due to noncompliance with
    chapter 75 of title 31 or noncompliance with any other applicable
    law."
      Subsec. (g). Pub. L. 103-413, Sec. 102(17), added subsec. (g) and
    struck out former subsec. (g) which read as follows: "Upon the
    approval of a self-determination contract and at the request of an
    Indian tribe or tribal organization, the Secretary shall add the
    indirect cost funding amount awarded for a self-determination
    contract to the amount awarded for direct program funding for the
    first year and, subject to adjustments in the amount of direct
    program costs for the contract, for each subsequent year that the
    program remains continuously under contract."
      Subsec. (i). Pub. L. 103-413, Sec. 102(18), added subsec. (i) and
    struck out former subsec. (i) which read as follows: "Within one
    month after October 5, 1988, the Secretary is mandated to establish
    a team in each area of the Bureau of Indian Affairs which consists
    of agency personnel (area personnel in the Navajo Area and in the
    case of Indian tribes not served by an agency) and tribal
    representatives for the purpose of analyzing the 'Indian Priority
    System' and other aspects of the budgeting and funding allocation
    process of the Bureau of Indian Affairs for the purpose of making a
    report to Congress with appropriate recommendations for changes and
    legislative actions to achieve greater tribal decision-making
    authority over the use of funds appropriated for the benefit of the
    tribes and their members. The report along with the analysis,
    findings and recommendations of the area teams shall be submitted
    to Congress within six months of October 5, 1988. The Secretary may
    submit to Congress separate comments on the information and
    recommendations on the report."
      Subsecs. (j) to (o). Pub. L. 103-413, Sec. 102(19), added
    subsecs. (j) to (o).
      1990 - Subsec. (e). Pub. L. 101-644 substituted "1992" for
    "1988".
      Subsec. (f). Pub. L. 101-301, Sec. 2(a)(8), substituted "prior to
    enactment of chapter 75 of title 31" for "prior to enactment of the
    Single Agency Audit Act of 1984 (chapter 75 of title 31)", which
    for purposes of codification was translated as "prior to October
    19, 1984", requiring no change in text.
      Subsec. (i). Pub. L. 101-301, Sec. 2(a)(9), substituted "agency
    personnel (area personnel in the Navajo Area and in the case of
    Indian tribes not served by an agency)" for "agency personnel".

-End-



-CITE-
    25 USC Sec. 450j-2                                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part A - Indian Self-Determination

-HEAD-
    Sec. 450j-2. Indian Health Service: availability of funds for
      Indian self-determination or self-governance contract or grant
      support costs

-STATUTE-
      Before, on, and after October 21, 1998, and notwithstanding any
    other provision of law, funds available to the Indian Health
    Service in this Act or any other Act for Indian self-determination
    or self-governance contract or grant support costs may be expended
    only for costs directly attributable to contracts, grants and
    compacts pursuant to the Indian Self-Determination Act [25 U.S.C.
    450f et seq.] and no funds appropriated by this or any other Act
    shall be available for any contract support costs or indirect costs
    associated with any contract, grant, cooperative agreement, self-
    governance compact, or funding agreement entered into between an
    Indian tribe or tribal organization and any entity other than the
    Indian Health Service.

-SOURCE-
    (Pub. L. 105-277, div. A, Sec. 101(e) [title II], Oct. 21, 1998,
    112 Stat. 2681-231, 2681-280.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Self-Determination Act, referred to in text, is title
    I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2206, as amended, which
    is classified principally to this part (Sec. 450f et seq.). For
    complete classification of this Act to the Code, see Short Title
    note set out under section 450 of this title and Tables.

-End-



-CITE-
    25 USC Sec. 450j-3                                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part A - Indian Self-Determination

-HEAD-
    Sec. 450j-3. Department of the Interior: availability of funds for
      Indian self-determination or self-governance contract or grant
      support costs

-STATUTE-
      Notwithstanding any other provision of law, including but not
    limited to the Indian Self-Determination Act of 1975, as amended
    [25 U.S.C. 450f et seq.], on and after November 29, 1999, funds
    available to the Department of the Interior for Indian self-
    determination or self-governance contract or grant support costs
    may be expended only for costs directly attributable to contracts,
    grants and compacts pursuant to the Indian Self-Determination Act
    of 1975 and on and after November 29, 1999, funds appropriated in
    this title (!1) shall not be available for any contract support
    costs or indirect costs associated with any contract, grant,
    cooperative agreement, self-governance compact or funding agreement
    entered into between an Indian tribe or tribal organization and any
    entity other than an agency of the Department of the Interior.


-SOURCE-
    (Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I, Sec. 113], Nov.
    29, 1999, 113 Stat. 1535, 1501A-157.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Self-Determination Act of 1975, referred to in text,
    probably means the Indian Self-Determination Act, title I of Pub.
    L. 93-638, Jan. 4, 1975, 88 Stat. 2206, as amended, which is
    classified principally to this part (Sec. 450f et seq.). For
    complete classification of this Act to the Code, see Short Title
    note set out under section 450 of this title and Tables.
      This title, referred to in text, is title I of the Department of
    the Interior and Related Agencies Appropriations Act, 2000, as
    enacted by Pub. L. 106-113, div. B, Sec. 1000(a)(3), Nov. 29, 1999,
    113 Stat. 1535, 1501A-135. For complete classification of this
    title to the Code, see Tables.


-MISC1-
                            SIMILAR PROVISIONS                        
      Similar provisions were contained in Pub. L. 105-277, div. A,
    Sec. 101(e) [title I, Sec. 114], Oct. 21, 1998, 112 Stat. 2681-231,
    2681-255.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    25 USC Sec. 450k                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part A - Indian Self-Determination

-HEAD-
    Sec. 450k. Rules and regulations

-STATUTE-
    (a) Authority of Secretaries of the Interior and of Health and
      Human Services to promulgate; time restriction
      (1) Except as may be specifically authorized in this subsection,
    or in any other provision of this subchapter, the Secretary of the
    Interior and the Secretary of Health and Human Services may not
    promulgate any regulation, nor impose any nonregulatory
    requirement, relating to self-determination contracts or the
    approval, award, or declination of such contracts, except that the
    Secretary of the Interior and the Secretary of Health and Human
    Services may promulgate regulations under this subchapter relating
    to chapter 171 of title 28, commonly known as the "Federal Tort
    Claims Act", the Contract Disputes Act of 1978 (41 U.S.C. 601 et
    seq.), declination and waiver procedures, appeal procedures,
    reassumption procedures, discretionary grant procedures for grants
    awarded under section 450h of this title, property donation
    procedures arising under section 450j(f) of this title, internal
    agency procedures relating to the implementation of this
    subchapter, retrocession and tribal organization relinquishment
    procedures, contract proposal contents, conflicts of interest,
    construction, programmatic reports and data requirements,
    procurement standards, property management standards, and financial
    management standards.
      (2)(A) The regulations promulgated under this subchapter,
    including the regulations referred to in this subsection, shall be
    promulgated - 
        (i) in conformance with sections 552 and 553 of title 5 and
      subsections (c), (d), and (e) of this section; and
        (ii) as a single set of regulations in title 25 of the Code of
      Federal Regulations.

      (B) The authority to promulgate regulations set forth in this
    subchapter shall expire if final regulations are not promulgated
    within 20 months after October 25, 1994.
    (b) Conflicting laws and regulations
      The provisions of this subchapter shall supersede any conflicting
    provisions of law (including any conflicting regulations) in effect
    on the day before October 25, 1994, and the Secretary is authorized
    to repeal any regulation inconsistent with the provisions of this
    subchapter.
    (c) Revisions and amendments; procedures applicable
      The Secretary of the Interior and the Secretary of Health and
    Human Services are authorized, with the participation of Indian
    tribes and tribal organizations, to revise and amend any rules or
    regulations promulgated pursuant to this section: Provided, That
    prior to any revision or amendment to such rules or regulations,
    the respective Secretary or Secretaries shall present the proposed
    revision or amendment to the Committee on Energy and Natural
    Resources of the Senate and the Committee on Natural Resources of
    the House of Representatives and shall, to the extent practicable,
    consult with appropriate national or regional Indian organizations
    and shall publish any proposed revisions in the Federal Register
    not less than sixty days prior to the effective date of such rules
    and regulations in order to provide adequate notice to, and receive
    comments from, other interested parties.
    (d) Consultation in drafting and promulgating; negotiation process;
      interagency committees; extension of deadlines
      (1) In drafting and promulgating regulations as provided in
    subsection (a) of this section (including drafting and promulgating
    any revised regulations), the Secretary of the Interior and the
    Secretary of Health and Human Services shall confer with, and allow
    for active participation by, representatives of Indian tribes,
    tribal organizations, and individual tribal members.
      (2)(A) In carrying out rulemaking processes under this
    subchapter, the Secretary of the Interior and the Secretary of
    Health and Human Services shall follow the guidance of - 
        (i) subchapter III of chapter 5 of title 5, commonly known as
      the "Negotiated Rulemaking Act of 1990"; and
        (ii) the recommendations of the Administrative Conference of
      the United States numbered 82-4 and 85-5 entitled "Procedures for
      Negotiating Proposed Regulations" under sections 305.82-4 and
      305.85-5 of title 1, Code of Federal Regulations, and any
      successor recommendation or law (including any successor
      regulation).

      (B) The tribal participants in the negotiation process referred
    to in subparagraph (A) shall be nominated by and shall represent
    the groups described in this paragraph and shall include tribal
    representatives from all geographic regions.
      (C) The negotiations referred to in subparagraph (B) shall be
    conducted in a timely manner. Proposed regulations to implement the
    amendments made by the Indian Self-Determination Contract Reform
    Act of 1994 shall be published in the Federal Register by the
    Secretary of the Interior and the Secretary of Health and Human
    Services not later than 180 days after October 25, 1994.
      (D) Notwithstanding any other provision of law (including any
    regulation), the Secretary of the Interior and the Secretary of
    Health and Human Services are authorized to jointly establish and
    fund such interagency committees or other interagency bodies,
    including advisory bodies comprised of tribal representatives, as
    may be necessary or appropriate to carry out the provisions of this
    subchapter.
      (E) If the Secretary determines that an extension of the
    deadlines under subsection (a)(2)(B) of this section and
    subparagraph (C) of this paragraph is appropriate, the Secretary
    may submit proposed legislation to Congress for the extension of
    such deadlines.
    (e) Exceptions in or waiver of regulations
      The Secretary may, with respect to a contract entered into under
    this subchapter, make exceptions in the regulations promulgated to
    carry out this subchapter, or waive such regulations, if the
    Secretary finds that such exception or waiver is in the best
    interest of the Indians served by the contract or is consistent
    with the policies of this subchapter, and is not contrary to
    statutory law. In reviewing each request, the Secretary shall
    follow the timeline, findings, assistance, hearing, and appeal
    procedures set forth in section 450f of this title.

-SOURCE-
    (Pub. L. 93-638, title I, Sec. 107, Jan. 4, 1975, 88 Stat. 2212;
    Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695;
    Pub. L. 100-472, title II, Sec. 207, Oct. 5, 1988, 102 Stat. 2295;
    Pub. L. 101-644, title II, Sec. 203(f), Nov. 29, 1990, 104 Stat.
    4666; Pub. L. 103-413, title I, Sec. 105, Oct. 25, 1994, 108 Stat.
    4269; Pub. L. 103-435, Sec. 22(a)(1), Nov. 2, 1994, 108 Stat. 4575;
    Pub. L. 103-437, Sec. 10(c)(2), Nov. 2, 1994, 108 Stat. 4589; Pub.
    L. 104-133, Sec. 1, Apr. 25, 1996, 110 Stat. 1320; Pub. L. 104-287,
    Sec. 6(e), Oct. 11, 1996, 110 Stat. 3399.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Contract Disputes Act of 1978, referred to in subsec. (a)(1),
    is Pub. L. 95-563, Nov. 1, 1978, 92 Stat. 2383, as amended, which
    is classified principally to chapter 9 (Sec. 601 et seq.) of Title
    41, Public Contracts. For complete classification of this Act to
    the Code, see Short Title note set out under section 601 of Title
    41 and Tables.
      The Indian Self-Determination Contract Reform Act of 1994,
    referred to in subsec. (d)(2)(C), is title I of Pub. L. 103-413,
    Oct. 25, 1994, 108 Stat. 4250, which enacted section 450l of this
    title, amended this section and sections 450b, 450c, 450e, 450f,
    450j, 450j-1, 450m, and 450m-1 of this title, and enacted
    provisions set out as a note under section 450 of this title. For
    complete classification of this Act to the Code, see Short Title of
    1994 Amendment note set out under section 450 of this title and
    Tables.


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a)(2)(B). Pub. L. 104-133 substituted "20 months"
    for "18 months".
      Subsec. (b). Pub. L. 104-287 repealed Pub. L. 103-437, Sec.
    10(c)(2)(A). See 1994 Amendment note below.
      1994 - Subsec. (a). Pub. L. 103-413, Sec. 105(1), added subsec.
    (a) and struck out former subsec. (a) which read as follows: "The
    Secretaries of the Interior and of Health and Human Services are
    each authorized to perform any and all acts and to make such rules
    and regulations as may be necessary and proper for the purposes of
    carrying out the provisions of this subchapter: Provided, however,
    That all Federal requirements for self-determination contracts and
    grants under this Act shall be promulgated as regulations in
    conformity with sections 552 and 553 of title 5."
      Subsec. (b). Pub. L. 103-437, Sec. 10(c)(2)(A), which directed
    that subsec. (b) be repealed, was itself repealed by Pub. L. 104-
    287, Sec. 6(e). See Effective Date and Construction of 1996
    Amendment note below.
      Pub. L. 103-435, which directed substitution of "Committee on
    Natural Resources" for "Committee on Interior and Insular Affairs"
    in par. (2), could not be executed because "Committee on Interior
    and Insular Affairs" did not appear in text subsequent to amendment
    by Pub. L. 103-413, Sec. 105(1). See below.
      Pub. L. 103-413, Sec. 105(1), added subsec. (b) and struck out
    former subsec. (b) which read as follows:
      "(b)(1) Within three months from October 5, 1988, the Secretary
    shall consider and formulate appropriate regulations to implement
    the provisions of this Act, with the participation of Indian
    tribes. Such proposed regulations shall contain all Federal
    requirements applicable to self-determination contracts and grants
    under this Act.
      "(2) Within six months from October 5, 1988, the Secretary shall
    present the proposed regulations to the Select Committee on Indian
    Affairs of the United States Senate and to the Committee on
    Interior and Insular Affairs of the United States House of
    Representatives.
      "(3) Within seven months from October 5, 1988, the Secretary
    shall publish proposed regulations in the Federal Register for the
    purpose of receiving comments from tribes and other interested
    parties.
      "(4) Within ten months from October 5, 1988, the Secretary shall
    promulgate regulations to implement the provisions of such Act."
      Subsec. (c). Pub. L. 103-437, Sec. 10(c)(2)(B), substituted
    "Committee on Energy and Natural Resources of the Senate and the
    Committee on Natural Resources of the House of Representatives" for
    "Committees on Interior and Insular Affairs of the United States
    Senate and House of Representatives".
      Subsecs. (d), (e). Pub. L. 103-413, Sec. 105(2), added subsecs.
    (d) and (e).
      1990 - Subsec. (c). Pub. L. 101-644 inserted ", with the
    participation of Indian tribes and tribal organizations," after
    "authorized".
      1988 - Subsec. (a). Pub. L. 100-472, Sec. 207(a), substituted
    "Health and Human Services" for "Health, Education, and Welfare",
    and inserted proviso relating to promulgation of Federal
    requirements for self-determination contracts as regulations.
      Subsec. (b). Pub. L. 100-472, Sec. 207(b), amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows:
      "(1) Within six months from January 4, 1975, the Secretary of the
    Interior and the Secretary of Health and Human Services shall each
    to the extent practicable, consult with national and regional
    Indian organizations to consider and formulate appropriate rules
    and regulations to implement the provisions of this subchapter.
      "(2) Within seven months from January 4, 1975, the Secretary of
    the Interior and the Secretary of Health and Human Services shall
    each present the proposed rules and regulations to the Committees
    on Interior and Insular Affairs of the United States Senate and
    House of Representatives.
      "(3) Within eight months from January 4, 1975, the Secretary of
    the Interior and the Secretary of Health and Human Services shall
    publish proposed rules and regulations in the Federal Register for
    the purpose of receiving comments from interested parties.
      "(4) Within ten months from January 4, 1975, the Secretary of the
    Interior and the Secretary of Health and Human Services shall
    promulgate rules and regulations to implement the provisions of
    this subchapter."

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in subsec. (c),
    pursuant to section 509(b) of Pub. L. 96-88, which is classified to
    section 3508(b) of Title 20, Education.
      Committee on Natural Resources of House of Representatives
    treated as referring to Committee on Resources of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-MISC2-
             EFFECTIVE DATE AND CONSTRUCTION OF 1996 AMENDMENT         
      Section 6(e) of Pub. L. 104-287 provided that: "Effective
    November 2, 1994, section 10(c)(2)(A) of the Act of November 2,
    1994 (Public Law 103-437, 108 Stat. 4589) [amending this section],
    is repealed and section 107(b) of the Indian Self-Determination and
    Education Assistance Act (25 U.S.C. 450k(b)), as amended by section
    105(1) of the Indian Self-Determination Act (Public Law 103-413,
    108 Stat. 4269), is revived and shall read as if section
    10(c)(2)(A) of the Act of November 2, 1994 (Public Law 103-437, 108
    Stat. 4589), had not been enacted.

-End-



-CITE-
    25 USC Sec. 450l                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part A - Indian Self-Determination

-HEAD-
    Sec. 450l. Contract or grant specifications

-STATUTE-
    (a) Terms
      Each self-determination contract entered into under this
    subchapter shall - 
        (1) contain, or incorporate by reference, the provisions of the
      model agreement described in subsection (c) of this section (with
      modifications where indicated and the blanks appropriately filled
      in), and
        (2) contain such other provisions as are agreed to by the
      parties.
    (b) Payments; Federal records
      Notwithstanding any other provision of law, the Secretary may
    make payments pursuant to section 1(b)(6) of such model agreement.
    As provided in section 1(b)(7) of the model agreement, the records
    of the tribal government or tribal organization specified in such
    section shall not be considered Federal records for purposes of
    chapter 5 of title 5.
    (c) Model agreement
      The model agreement referred to in subsection (a)(1) of this
    section reads as follows:

      "SECTION 1. AGREEMENT BETWEEN THE SECRETARY AND THE ______ TRIBAL
        GOVERNMENT.
      "(a) Authority and Purpose. - 
        "(1) Authority. - This agreement, denoted a Self-Determination
      Contract (referred to in this agreement as the 'Contract'), is
      entered into by the Secretary of the Interior or the Secretary of
      Health and Human Services (referred to in this agreement as the
      'Secretary'), for and on behalf of the United States pursuant to
      title I of the Indian Self-Determination and Education Assistance
      Act (25 U.S.C. 450 et seq.) and by the authority of the ______
      tribal government or tribal organization (referred to in this
      agreement as the 'Contractor'). The provisions of title I of the
      Indian Self-Determination and Education Assistance Act (25 U.S.C.
      450 et seq.) are incorporated in this agreement.
        "(2) Purpose. - Each provision of the Indian Self-Determination
      and Education Assistance Act (25 U.S.C. 450 et seq.) and each
      provision of this Contract shall be liberally construed for the
      benefit of the Contractor to transfer the funding and the
      following related functions, services, activities, and programs
      (or portions thereof), that are otherwise contractable under
      section 102(a) of such Act, including all related administrative
      functions, from the Federal Government to the Contractor: (List
      functions, services, activities, and programs).

      "(b) Terms, Provisions, and Conditions. - 
        "(1) Term. - Pursuant to section 105(c)(1) of the Indian Self-
      Determination and Education Assistance Act (25 U.S.C.
      450j(c)(1)), the term of this contract shall be __ years.
      Pursuant to section 105(d)(1) of such Act (25 U.S.C. 450j(d)),
      upon the election by the Contractor, the period of this Contract
      shall be determined on the basis of a calendar year, unless the
      Secretary and the Contractor agree on a different period in the
      annual funding agreement incorporated by reference in subsection
      (f)(2).
        "(2) Effective date. - This Contract shall become effective
      upon the date of the approval and execution by the Contractor and
      the Secretary, unless the Contractor and the Secretary agree on
      an effective date other than the date specified in this
      paragraph.
        "(3) Program standard. - The Contractor agrees to administer
      the program, services, functions and activities (or portions
      thereof) listed in subsection (a)(2) of the Contract in
      conformity with the following standards: (list standards).
        "(4) Funding amount. - Subject to the availability of
      appropriations, the Secretary shall make available to the
      Contractor the total amount specified in the annual funding
      agreement incorporated by reference in subsection (f)(2). Such
      amount shall not be less than the applicable amount determined
      pursuant to section 106(a) of the Indian Self-Determination and
      Education Assistance Act (25 U.S.C. 450j-1).
        "(5) Limitation of costs. - The Contractor shall not be
      obligated to continue performance that requires an expenditure of
      funds in excess of the amount of funds awarded under this
      Contract. If, at any time, the Contractor has reason to believe
      that the total amount required for performance of this Contract
      or a specific activity conducted under this Contract would be
      greater than the amount of funds awarded under this Contract, the
      Contractor shall provide reasonable notice to the appropriate
      Secretary. If the appropriate Secretary does not take such action
      as may be necessary to increase the amount of funds awarded under
      this Contract, the Contractor may suspend performance of the
      Contract until such time as additional funds are awarded.
        "(6) Payment. - 
          "(A) In general. - Payments to the Contractor under this
        Contract shall - 
            "(i) be made as expeditiously as practicable; and
            "(ii) include financial arrangements to cover funding
          during periods covered by joint resolutions adopted by
          Congress making continuing appropriations, to the extent
          permitted by such resolutions.

          "(B) Quarterly, semiannual, lump-sum, and other methods of
        payment. - 
            "(i) In general. - Pursuant to section 108(b) of the Indian
          Self-Determination and Education Assistance Act, and
          notwithstanding any other provision of law, for each fiscal
          year covered by this Contract, the Secretary shall make
          available to the Contractor the funds specified for the
          fiscal year under the annual funding agreement incorporated
          by reference pursuant to subsection (f)(2) by paying to the
          Contractor, on a quarterly basis, one-quarter of the total
          amount provided for in the annual funding agreement for that
          fiscal year, in a lump-sum payment or as semiannual payments,
          or any other method of payment authorized by law, in
          accordance with such method as may be requested by the
          Contractor and specified in the annual funding agreement.
            "(ii) Method of quarterly payment. - If quarterly payments
          are specified in the annual funding agreement incorporated by
          reference pursuant to subsection (f)(2), each quarterly
          payment made pursuant to clause (i) shall be made on the
          first day of each quarter of the fiscal year, except that in
          any case in which the Contract year coincides with the
          Federal fiscal year, payment for the first quarter shall be
          made not later than the date that is 10 calendar days after
          the date on which the Office of Management and Budget
          apportions the appropriations for the fiscal year for the
          programs, services, functions, and activities subject to this
          Contract.
            "(iii) Applicability. - Chapter 39 of title 31, United
          States Code, shall apply to the payment of funds due under
          this Contract and the annual funding agreement referred to in
          clause (i).

        "(7) Records and monitoring. - 
          "(A) In general. - Except for previously provided copies of
        tribal records that the Secretary demonstrates are clearly
        required to be maintained as part of the recordkeeping system
        of the Department of the Interior or the Department of Health
        and Human Services (or both), records of the Contractor shall
        not be considered Federal records for purposes of chapter 5 of
        title 5, United States Code.
          "(B) Recordkeeping system. - The Contractor shall maintain a
        recordkeeping system and, upon reasonable advance request,
        provide reasonable access to such records to the Secretary.
          "(C) Responsibilities of contractor. - The Contractor shall
        be responsible for managing the day-to-day operations conducted
        under this Contract and for monitoring activities conducted
        under this Contract to ensure compliance with the Contract and
        applicable Federal requirements. With respect to the monitoring
        activities of the Secretary, the routine monitoring visits
        shall be limited to not more than one performance monitoring
        visit for this Contract by the head of each operating division,
        departmental bureau, or departmental agency, or duly authorized
        representative of such head unless - 
            "(i) the Contractor agrees to one or more additional
          visits; or
            "(ii) the appropriate official determines that there is
          reasonable cause to believe that grounds for reassumption of
          the Contract, suspension of Contract payments, or other
          serious Contract performance deficiency may exist.

        No additional visit referred to in clause (ii) shall be made
        until such time as reasonable advance notice that includes a
        description of the nature of the problem that requires the
        additional visit has been given to the Contractor.

        "(8) Property. - 
          "(A) In general. - As provided in section 105(f) of the
        Indian Self-Determination and Education Assistance Act (25
        U.S.C. 450j(f)), at the request of the Contractor, the
        Secretary may make available, or transfer to the Contractor,
        all reasonably divisible real property, facilities, equipment,
        and personal property that the Secretary has used to provide or
        administer the programs, services, functions, and activities
        covered by this Contract. A mutually agreed upon list
        specifying the property, facilities, and equipment so furnished
        shall also be prepared by the Secretary, with the concurrence
        of the Contractor, and periodically revised by the Secretary,
        with the concurrence of the Contractor.
          "(B) Records. - The Contractor shall maintain a record of all
        property referred to in subparagraph (A) or other property
        acquired by the Contractor under section 105(f)(2)(A) of such
        Act for purposes of replacement.
          "(C) Joint use agreements. - Upon the request of the
        Contractor, the Secretary and the Contractor shall enter into a
        separate joint use agreement to address the shared use by the
        parties of real or personal property that is not reasonably
        divisible.
          "(D) Acquisition of property. - The Contractor is granted the
        authority to acquire such excess property as the Contractor may
        determine to be appropriate in the judgment of the Contractor
        to support the programs, services, functions, and activities
        operated pursuant to this Contract.
          "(E) Confiscated or excess property. - The Secretary shall
        assist the Contractor in obtaining such confiscated or excess
        property as may become available to tribes, tribal
        organizations, or local governments.
          "(F) Screener identification card. - A screener
        identification card (General Services Administration form
        numbered 2946) shall be issued to the Contractor not later than
        the effective date of this Contract. The designated official
        shall, upon request, assist the Contractor in securing the use
        of the card.
          "(G) Capital equipment. - The Contractor shall determine the
        capital equipment, leases, rentals, property, or services the
        Contractor requires to perform the obligations of the
        Contractor under this subsection, and shall acquire and
        maintain records of such capital equipment, property rentals,
        leases, property, or services through applicable procurement
        procedures of the Contractor.

        "(9) Availability of funds. - Notwithstanding any other
      provision of law, any funds provided under this Contract - 
          "(A) shall remain available until expended; and
          "(B) with respect to such funds, no further - 
            "(i) approval by the Secretary, or
            "(ii) justifying documentation from the Contractor,

      shall be required prior to the expenditure of such funds.
        "(10) Transportation. - Beginning on the effective date of this
      Contract, the Secretary shall authorize the Contractor to obtain
      interagency motor pool vehicles and related services for
      performance of any activities carried out under this Contract.
        "(11) Federal program guidelines, manuals, or policy
      directives. - Except as specifically provided in the Indian Self-
      Determination and Education Assistance Act (25 U.S.C. 450 et
      seq.) the Contractor is not required to abide by program
      guidelines, manuals, or policy directives of the Secretary,
      unless otherwise agreed to by the Contractor and the Secretary,
      or otherwise required by law.
        "(12) Disputes. - 
          "(A) Third-party mediation defined. - For the purposes of
        this Contract, the term 'third-party mediation' means a form of
        mediation whereby the Secretary and the Contractor nominate a
        third party who is not employed by or significantly involved
        with the Secretary of the Interior, the Secretary of Health and
        Human Services, or the Contractor, to serve as a third-party
        mediator to mediate disputes under this Contract.
          "(B) Alternative procedures. - In addition to, or as an
        alternative to, remedies and procedures prescribed by section
        110 of the Indian Self-Determination and Education Assistance
        Act (25 U.S.C. 450m-1), the parties to this Contract may
        jointly - 
            "(i) submit disputes under this Contract to third-party
          mediation;
            "(ii) submit the dispute to the adjudicatory body of the
          Contractor, including the tribal court of the Contractor;
            "(iii) submit the dispute to mediation processes provided
          for under the laws, policies, or procedures of the
          Contractor; or
            "(iv) use the administrative dispute resolution processes
          authorized in subchapter IV of chapter 5 of title 5, United
          States Code.

          "(C) Effect of decisions. - The Secretary shall be bound by
        decisions made pursuant to the processes set forth in
        subparagraph (B), except that the Secretary shall not be bound
        by any decision that significantly conflicts with the interests
        of Indians or the United States.

        "(13) Administrative procedures of contractor. - Pursuant to
      the Indian Civil Rights Act of 1968 (25 U.S.C. 1301 et seq.), the
      laws, policies, and procedures of the Contractor shall provide
      for administrative due process (or the equivalent of
      administrative due process) with respect to programs, services,
      functions, and activities that are provided by the Contractor
      pursuant to this Contract.
        "(14) Successor annual funding agreement. - 
          "(A) In general. - Negotiations for a successor annual
        funding agreement, provided for in subsection (f)(2), shall
        begin not later than 120 days prior to the conclusion of the
        preceding annual funding agreement. Except as provided in
        section 105(c)(2) of the Indian Self-Determination and
        Education Assistance Act (25 U.S.C. 450j(c)(2)) the funding for
        each such successor annual funding agreement shall only be
        reduced pursuant to section 106(b) of such Act (25 U.S.C. 450j-
        1(b)).
          "(B) Information. - The Secretary shall prepare and supply
        relevant information, and promptly comply with any request by
        the Contractor for information that the Contractor reasonably
        needs to determine the amount of funds that may be available
        for a successor annual funding agreement, as provided for in
        subsection (f)(2) of this Contract.

        "(15) Contract requirements; approval by secretary. - 
          "(A) In general. - Except as provided in subparagraph (B),
        for the term of the Contract, section 2103 of the Revised
        Statutes (25 U.S.C. 81), section 16 of the Act of June 18, 1934
        (48 Stat. 987, chapter 576; 25 U.S.C. 476), and the Act of July
        3, 1952 (25 U.S.C. 82a), shall not apply to any contract
        entered into in connection with this Contract.
          "(B) Requirements. - Each Contract entered into by the
        Contractor with a third party in connection with performing the
        obligations of the Contractor under this Contract shall - 
            "(i) be in writing;
            "(ii) identify the interested parties, the authorities of
          such parties, and purposes of the Contract;
            "(iii) state the work to be performed under the Contract;
          and
            "(iv) state the process for making any claim, the payments
          to be made, and the terms of the Contract, which shall be
          fixed.

      "(c) Obligation of the Contractor. - 
        "(1) Contract performance. - Except as provided in subsection
      (d)(2), the Contractor shall perform the programs, services,
      functions, and activities as provided in the annual funding
      agreement under subsection (f)(2) of this Contract.
        "(2) Amount of funds. - The total amount of funds to be paid
      under this Contract pursuant to section 106(a) shall be
      determined in an annual funding agreement entered into between
      the Secretary and the Contractor, which shall be incorporated
      into this Contract.
        "(3) Contracted programs. - Subject to the availability of
      appropriated funds, the Contractor shall administer the programs,
      services, functions, and activities identified in this Contract
      and funded through the annual funding agreement under subsection
      (f)(2).
        "(4) Trust services for individual indians. - 
          "(A) In general. - To the extent that the annual funding
        agreement provides funding for the delivery of trust services
        to individual Indians that have been provided by the Secretary,
        the Contractor shall maintain at least the same level of
        service as the Secretary provided for such individual Indians,
        subject to the availability of appropriated funds for such
        services.
          "(B) Trust services to individual indians. - For the purposes
        of this paragraph only, the term 'trust services for individual
        Indians' means only those services that pertain to land or
        financial management connected to individually held allotments.

        "(5) Fair and uniform services. - The Contractor shall provide
      services under this Contract in a fair and uniform manner and
      shall provide access to an administrative or judicial body
      empowered to adjudicate or otherwise resolve complaints, claims,
      and grievances brought by program beneficiaries against the
      Contractor arising out of the performance of the Contract.

      "(d) Obligation of the United States. - 
        "(1) Trust responsibility. - 
          "(A) In general. - The United States reaffirms the trust
        responsibility of the United States to the ______ Indian
        tribe(s) to protect and conserve the trust resources of the
        Indian tribe(s) and the trust resources of individual Indians.
          "(B) Construction of contract. - Nothing in this Contract may
        be construed to terminate, waive, modify, or reduce the trust
        responsibility of the United States to the tribe(s) or
        individual Indians. The Secretary shall act in good faith in
        upholding such trust responsibility.

        "(2) Good faith. - To the extent that health programs are
      included in this Contract, and within available funds, the
      Secretary shall act in good faith in cooperating with the
      Contractor to achieve the goals set forth in the Indian Health
      Care Improvement Act (25 U.S.C. 1601 et seq.).
        "(3) Programs retained. - As specified in the annual funding
      agreement, the United States hereby retains the programs,
      services, functions, and activities with respect to the tribe(s)
      that are not specifically assumed by the Contractor in the annual
      funding agreement under subsection (f)(2).

      "(e) Other Provisions. - 
        "(1) Designated officials. - Not later than the effective date
      of this Contract, the United States shall provide to the
      Contractor, and the Contractor shall provide to the United
      States, a written designation of a senior official to serve as a
      representative for notices, proposed amendments to the Contract,
      and other purposes for this Contract.
        "(2) Contract modifications or amendment. - 
          "(A) In general. - Except as provided in subparagraph (B), no
        modification to this Contract shall take effect unless such
        modification is made in the form of a written amendment to the
        Contract, and the Contractor and the Secretary provide written
        consent for the modification.
          "(B) Exception. - The addition of supplemental funds for
        programs, functions, and activities (or portions thereof)
        already included in the annual funding agreement under
        subsection (f)(2), and the reduction of funds pursuant to
        section 106(b)(2), shall not be subject to subparagraph (A).

        "(3) Officials not to benefit. - No Member of Congress, or
      resident commissioner, shall be admitted to any share or part of
      any contract executed pursuant to this Contract, or to any
      benefit that may arise from such contract. This paragraph may not
      be construed to apply to any contract with a third party entered
      into under this Contract if such contract is made with a
      corporation for the general benefit of the corporation.
        "(4) Covenant against contingent fees. - The parties warrant
      that no person or selling agency has been employed or retained to
      solicit or secure any contract executed pursuant to this Contract
      upon an agreement or understanding for a commission, percentage,
      brokerage, or contingent fee, excepting bona fide employees or
      bona fide established commercial or selling agencies maintained
      by the Contractor for the purpose of securing business.

      "(f) Attachments. - 
        "(1) Approval of contract. - Unless previously furnished to the
      Secretary, the resolution of the ______ Indian tribe(s)
      authorizing the contracting of the programs, services, functions,
      and activities identified in this Contract is attached to this
      Contract as attachment 1.
        "(2) Annual funding agreement. - 
          "(A) In general. - The annual funding agreement under this
        Contract shall only contain - 
            "(i) terms that identify the programs, services, functions,
          and activities to be performed or administered, the general
          budget category assigned, the funds to be provided, and the
          time and method of payment; and
            "(ii) such other provisions, including a brief description
          of the programs, services, functions, and activities to be
          performed (including those supported by financial resources
          other than those provided by the Secretary), to which the
          parties agree.

          "(B) Incorporation by reference. - The annual funding
        agreement is hereby incorporated in its entirety in this
        Contract and attached to this Contract as attachment 2."

-SOURCE-
    (Pub. L. 93-638, title I, Sec. 108, as added Pub. L. 103-413, title
    I, Sec. 103, Oct. 25, 1994, 108 Stat. 4260; amended Pub. L. 106-
    568, title VIII, Sec. 812(a), Dec. 27, 2000, 114 Stat. 2917.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Self-Determination and Education Assistance Act,
    referred to in section 1(a), (b)(6)(B)(i), (11) of the provisions
    of subsec. (c) setting out the model agreement, is Pub. L. 93-638,
    Jan. 4, 1975, 88 Stat. 2203, as amended, which is classified
    principally to this subchapter (Sec. 450 et seq.). Title I of the
    Act is classified principally to this part (Sec. 450f et seq.).
    Section 102(a) of the Act is classified to section 450f(a) of this
    title. Section 108(b) of the Act is classified to subsec. (b) of
    this section. For complete classification of this Act to the Code,
    see Short Title note set out under section 450 of this title and
    Tables.
      The Indian Civil Rights Act of 1968, referred to in section
    1(b)(13) of the provisions of subsec. (c) setting out the model
    agreement, is title II of Pub. L. 90-284, Apr. 11, 1968, 82 Stat.
    77, as amended, which is classified generally to subchapter I (Sec.
    1301 et seq.) of chapter 15 of this title. For complete
    classification of this Act to the Code, see Tables.
      The Act of July 3, 1952, referred to in section 1(b)(15)(A) of
    the provisions of subsec. (c) setting out the model agreement, is
    act July 3, 1952, ch. 549, 66 Stat. 323, which enacted section 82a
    of this title and provisions set out as a note under section 82a of
    this title.
      The Indian Health Care Improvement Act, referred to in section
    1(d)(2) of the provisions of subsec. (c) setting out the model
    agreement, is Pub. L. 94-437, Sept. 30, 1976, 90 Stat. 1400, as
    amended, which is classified principally to chapter 18 (Sec. 1601
    et seq.) of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 1601 of this
    title and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 450l, Pub. L. 93-638, title I, Sec. 108, Jan. 4,
    1975, 88 Stat. 2212, which related to report by tribe requesting
    contract or grant, was renumbered section 5(f) of Pub. L. 93-638,
    by Pub. L. 100-472, title II, Sec. 208, Oct. 5, 1988, 102 Stat.
    2296, and is classified to section 450c(f) of this title.

                                AMENDMENTS                            
      2000 - Subsec. (c). Pub. L. 106-568 substituted ", section 16 of
    the Act of June 18, 1934" for "and section 16 of the Act of June
    18, 1934" and "and the Act of July 3, 1952 (25 U.S.C. 82a), shall
    not apply" for "shall not apply" in section 1(b)(15)(A) of the
    provisions setting out the model agreement.

                   QUARTERLY PAYMENTS OF FUNDS TO TRIBES               
      Pub. L. 105-83, title III, Sec. 311, Nov. 14, 1997, 111 Stat.
    1590, provided that: "Notwithstanding Public Law 103-413 [see Short
    Title of 1994 Amendment note set out under section 450 of this
    title], quarterly payments of funds to tribes and tribal
    organizations under annual funding agreements pursuant to section
    108 of Public Law 93-638 [25 U.S.C. 450l], as amended, beginning in
    fiscal year 1998 and therafter, [sic] may be made on the first
    business day following the first day of a fiscal quarter."
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 104-208, div. A, title I, Sec. 101(d) [title III, Sec.
    311], Sept. 30, 1996, 110 Stat. 3009-181, 3009-221.
      Pub. L. 104-134, title I, Sec. 101(c) [title III, Sec. 311], Apr.
    26, 1996, 110 Stat. 1321-156, 1321-197; renumbered title I, Pub. L.
    104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327.

-End-



-CITE-
    25 USC Sec. 450m                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part A - Indian Self-Determination

-HEAD-
    Sec. 450m. Rescission of contract or grant and assumption of
      control of program, etc.; authority; grounds; procedure;
      correction of violation as prerequisite to new contract or grant
      agreement; construction with occupational safety and health
      requirements

-STATUTE-
      Each contract or grant agreement entered into pursuant to
    sections 450f, 450g, and 450h (!1) of this title shall provide that
    in any case where the appropriate Secretary determines that the
    tribal organization's performance under such contract or grant
    agreement involves (1) the violation of the rights or endangerment
    of the health, safety, or welfare of any persons; or (2) gross
    negligence or mismanagement in the handling or use of funds
    provided to the tribal organization pursuant to such contract or
    grant agreement, or in the management of trust fund, trust lands or
    interests in such lands pursuant to such contract or grant
    agreement, such Secretary may, under regulations prescribed by him
    and after providing notice and a hearing on the record to such
    tribal organization, rescind such contract or grant agreement, in
    whole or in part, and assume or resume control or operation of the
    program, activity, or service involved if he determines that the
    tribal organization has not taken corrective action as prescribed
    by the Secretary to remedy the contract deficiency, except that the
    appropriate Secretary may, upon written notice to a tribal
    organization, and the tribe served by the tribal organization,
    immediately rescind a contract or grant, in whole or in part, and
    resume control or operation of a program, activity, function, or
    service, if the Secretary finds that (i) there is an immediate
    threat of imminent harm to the safety of any person, or imminent
    substantial and irreparable harm to trust funds, trust lands, or
    interests in such lands, and (ii) such threat arises from the
    failure of the contractor to fulfill the requirements of the
    contract. In such cases, the Secretary shall provide the tribal
    organization with a hearing on the record within ten days or such
    later date as the tribal organization may approve. Such Secretary
    may decline to enter into a new contract or grant agreement and
    retain control of such program, activity, or service until such
    time as he is satisfied that the violations of rights or
    endangerment of health, safety, or welfare which necessitated the
    rescission has been corrected. In any hearing or appeal provided
    for under this section, the Secretary shall have the burden of
    proof to establish, by clearly demonstrating the validity of the
    grounds for rescinding, assuming, or reassuming the contract that
    is the subject of the hearing. Nothing in this section shall be
    construed as contravening the Occupational Safety and Health Act of
    1970, as amended [29 U.S.C. 651 et seq.].


-SOURCE-
    (Pub. L. 93-638, title I, Sec. 109, Jan. 4, 1975, 88 Stat. 2212;
    Pub. L. 100-581, title II, Sec. 211, Nov. 1, 1988, 102 Stat. 2941;
    Pub. L. 101-301, Sec. 2(a)(10), May 24, 1990, 104 Stat. 207; Pub.
    L. 103-413, title I, Sec. 104(1), Oct. 25, 1994, 108 Stat. 4268.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 450g and 450h of this title, referred to in text, was in
    the original "sections 103 and 104 of this Act", meaning sections
    103 and 104 of Pub. L. 93-638, the Indian Self-Determination Act.
    Section 103(a) and (b) and the first sentence of section 103(c) of
    Pub. L. 93-638 were repealed, and the remainder of section 103(c)
    of Pub. L. 93-638 was redesignated as section 102(d) of Pub. L. 93-
    638 (section 450f(d) of this title), by Pub. L. 100-472, title II,
    Sec. 201(b)(1), Oct. 5, 1988, 102 Stat. 2289. Sections 104 and 105
    of Pub. L. 93-638 were renumbered as sections 103 and 104,
    respectively, of Pub. L. 93-638 by sections 202(a) and 203(a) of
    Pub. L. 100-472, and are classified to sections 450h and 450i,
    respectively, of this title.
      The Occupational Safety and Health Act of 1970, as amended,
    referred to in text, is Pub. L. 91-596, Dec. 29, 1970, 84 Stat.
    1590, as amended, which is classified principally to chapter 15
    (Sec. 651 et seq.) of Title 29, Labor. For complete classification
    of this Act to the Code, see Short Title note set out under section
    651 of Title 29 and Tables.


-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-413 inserted "or in the management of trust
    fund, trust lands or interests in such lands pursuant to such
    contract or grant agreement," after "pursuant to such contract or
    grant agreement," and ", in whole or in part," after "rescind such
    contract or grant agreement", substituted "action as prescribed by
    the Secretary to remedy the contract deficiency, except that the
    appropriate Secretary may, upon written notice to a tribal
    organization, and the tribe served by the tribal organization,
    immediately rescind a contract or grant, in whole or in part, and
    resume control or operation of a program, activity, function, or
    service, if the Secretary finds that (i) there is an immediate
    threat of imminent harm to the safety of any person, or imminent
    substantial and irreparable harm to trust funds, trust lands, or
    interests in such lands, and (ii) such threat arises from the
    failure of the contractor to fulfill the requirements of the
    contract. In such cases, the Secretary" for "action as prescribed
    by him: Provided, That the appropriate Secretary may, upon notice
    to a tribal organization, immediately rescind a contract or grant
    and resume control or operation of a program, activity, or service
    if he finds that there is an immediate threat to safety and, in
    such cases, he", struck out second period after "the tribal
    organization may approve", and inserted before last sentence "In
    any hearing or appeal provided for under this section, the
    Secretary shall have the burden of proof to establish, by clearly
    demonstrating the validity of the grounds for rescinding, assuming,
    or reassuming the contract that is the subject of the hearing."
      1990 - Pub. L. 101-301 substituted "providing notice and a
    hearing" for "providing notice and hearing".
      1988 - Pub. L. 100-581 inserted "on the record" after "providing
    notice and hearing".
      Pub. L. 100-581 which directed amendment of this section by
    substituting "in such cases, he shall provide the tribal
    organization with a hearing on the record within ten days or such
    later date as the tribal organization may approve." for "in such
    cases, he shall hold a hearing within ten days thereof" was
    executed by substituting the new language for "in such cases, he
    shall hold a hearing on such action within ten days thereof" to
    reflect the probable intent of Congress.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    25 USC Sec. 450m-1                                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part A - Indian Self-Determination

-HEAD-
    Sec. 450m-1. Contract disputes and claims

-STATUTE-
    (a) Civil actions; concurrent jurisdiction; relief
      The United States district courts shall have original
    jurisdiction over any civil action or claim against the appropriate
    Secretary arising under this subchapter and, subject to the
    provisions of subsection (d) of this section and concurrent with
    the United States Court of Claims, over any civil action or claim
    against the Secretary for money damages arising under contracts
    authorized by this subchapter. In an action brought under this
    paragraph, the district courts may order appropriate relief
    including money damages, injunctive relief against any action by an
    officer of the United States or any agency thereof contrary to this
    subchapter or regulations promulgated thereunder, or mandamus to
    compel an officer or employee of the United States, or any agency
    thereof, to perform a duty provided under this subchapter or
    regulations promulgated hereunder (including immediate injunctive
    relief to reverse a declination finding under section 450f(a)(2) of
    this title or to compel the Secretary to award and fund an approved
    self-determination contract).
    (b) Revision of contracts
      The Secretary shall not revise or amend a self-determination
    contract with a tribal organization without the tribal
    organization's consent.
    (c) Application of laws to administrative appeals
      The Equal Access to Justice Act (Publc (!1) Law 96-481, Act of
    October 1,(!1) 1980; 92 (!1) Stat. 2325, as amended), section 504
    of title 5, and section 2412 of title 28 shall apply to
    administrative appeals pending on or filed after October 5, 1988,
    by tribal organizations regarding self-determination contracts.

    (d) Application of Contract Disputes Act
      The Contract Disputes Act (Public Law 95-563, Act of November 1,
    1978; 92 Stat. 2383, as amended) [41 U.S.C. 601 et seq.] shall
    apply to self-determination contracts, except that all
    administrative appeals relating to such contracts shall be heard by
    the Interior Board of Contract Appeals established pursuant to
    section 8 of such Act (41 U.S.C. 607).
    (e) Application of subsection (d)
      Subsection (d) of this section shall apply to any case pending or
    commenced on or after March 17, 1986, before the Boards of Contract
    Appeals of the Department of the Interior or the Department of
    Health and Human Services except that in any such cases finally
    disposed of before October 5, 1988, the thirty-day period referred
    to in section 504(a)(2) of title 5 shall be deemed to commence on
    October 5, 1988.

-SOURCE-
    (Pub. L. 93-638, title I, Sec. 110, as added Pub. L. 100-472, title
    II, Sec. 206(a), Oct. 5, 1988, 102 Stat. 2294; amended Pub. L. 100-
    581, title II, Sec. 212, Nov. 1, 1988, 102 Stat. 2941; Pub. L. 101-
    301, Secs. 1(a)(2), 2(b), May 24, 1990, 104 Stat. 206, 207; Pub.
    L. 103-413, title I, Sec. 104(2), (3), Oct. 25, 1994, 108 Stat.
    4268.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Equal Access to Justice Act, referred to in subsec. (c), is
    Pub. L. 96-481, title II, Oct. 21, 1980, 94 Stat. 2325. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 504 of Title 5, Government Organization
    and Employees, and Tables.
      The Contract Disputes Act of 1978, referred to in subsec. (d), is
    Pub. L. 95-563, Nov. 1, 1978, 92 Stat. 2383, as amended, which is
    classified principally to chapter 9 (Sec. 601 et seq.) of Title 41,
    Public Contracts. For complete classification of this Act to the
    Code, see Short Title note set out under section 601 of Title 41
    and Tables.
      October 5, 1988, referred to in subsec. (e), was in the original
    "the date of enactment of these amendments" and "the date of
    enactment of this subsection", meaning the date of enactment of the
    Indian Self-Determination and Education Assistance Act Amendments
    of 1988, Pub. L. 100-472, which enacted this section.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 110 of Pub. L. 93-638 was renumbered section 111
    by Pub. L. 100-472 and is classified to section 450n of this title.

                                AMENDMENTS                            
      1994 - Subsec. (a). Pub. L. 103-413, Sec. 104(2), inserted before
    period at end "(including immediate injunctive relief to reverse a
    declination finding under section 450f(a)(2) of this title or to
    compel the Secretary to award and fund an approved self-
    determination contract)".
      Subsec. (d). Pub. L. 103-413, Sec. 104(3), inserted before period
    at end ", except that all administrative appeals relating to such
    contracts shall be heard by the Interior Board of Contract Appeals
    established pursuant to section 8 of such Act (41 U.S.C. 607)".
      1990 - Subsec. (a). Pub. L. 101-301, Sec. 1(a)(2), made technical
    correction to directory language of Pub. L. 100-581, Sec. 212(a).
    See 1988 Amendment note below.
      Subsec. (b). Pub. L. 101-301, Sec. 2(b), amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows: "Unless
    otherwise agreed to by the resolution of tribal organization, the
    Secretary shall not revise or amend a self-determination contract
    with such tribal organization."
      Subsec. (c). Pub. L. 101-301, Sec. 1(a)(2), made technical
    correction to directory language of Pub. L. 100-581, Sec. 212(c).
    See 1988 Amendment note below.
      1988 - Subsec. (a). Pub. L. 100-581, Sec. 212(a), as amended by
    Pub. L. 101-301, Sec. 1(a)(2), substituted "over any civil action"
    for "over civil action" after "Court of Claims,".
      Subsec. (b). Pub. L. 100-581, Sec. 212(b), substituted "of tribal
    organization" for "of an Indian tribe" and "such tribal
    organization" for "such tribe".
      Subsec. (c). Pub. L. 100-581, Sec. 212(c), as amended by Pub. L.
    101-301, Sec. 1(a)(2), amended subsec. (c) generally. Prior to
    amendment, subsec. (c) read as follows: "The Equal Access to
    Justice Act (Public Law 96-481, Act of October 1 [21], 1980; 94
    Stat. 2325, as amended) shall apply to administrative appeals by
    tribal organizations regarding self-determination contracts."

-FOOTNOTE-
    (!1) So in original. Probably should be "Public", "21,", and "94",
         respectively.


-End-



-CITE-
    25 USC Sec. 450n                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part A - Indian Self-Determination

-HEAD-
    Sec. 450n. Sovereign immunity and trusteeship rights unaffected

-STATUTE-
      Nothing in this subchapter shall be construed as - 
        (1) affecting, modifying, diminishing, or otherwise impairing
      the sovereign immunity from suit enjoyed by an Indian tribe; or
        (2) authorizing or requiring the termination of any existing
      trust responsibility of the United States with respect to the
      Indian people.

-SOURCE-
    (Pub. L. 93-638, title I, Sec. 111, formerly Sec. 110, Jan. 4,
    1975, 88 Stat. 2213; renumbered Sec. 111, Pub. L. 100-472, title
    II, Sec. 206(b), Oct. 5, 1988, 102 Stat. 2295.)

-End-


-CITE-
    25 USC Part B - Contracts With States                       01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part B - Contracts With States

-HEAD-
                      PART B - CONTRACTS WITH STATES                  

-COD-
                               CODIFICATION                           
      This part, consisting of sections 451 to 457 of this title, which
    was previously set out as part of former subchapter III of this
    chapter, was not enacted as part of the Indian Self-Determination
    and Education Assistance Act which comprises this subchapter.

-End-



-CITE-
    25 USC Sec. 451                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part B - Contracts With States

-HEAD-
    Sec. 451. Donations for Indians; use of gifts; annual report to
      Congress

-STATUTE-
      The Secretary of the Interior may accept donations of funds or
    other property for the advancement of the Indian race, and he may
    use the donated property in accordance with the terms of the
    donation in furtherance of any program authorized by other
    provision of law for the benefit of Indians. An annual report shall
    be made to the Congress on donations received and allocations made
    from such donations. This report shall include administrative costs
    and other pertinent data.

-SOURCE-
    (Feb. 14, 1931, ch. 171, 46 Stat. 1106; Pub. L. 90-333, June 8,
    1968, 82 Stat. 171.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Johnson-O'Malley Act which
    comprises this part, nor as part of the Indian Self-Determination
    and Education Assistance Act which comprises this subchapter.


-MISC1-
                                AMENDMENTS                            
      1968 - Pub. L. 90-333 expanded area of permissible uses to which
    Secretary may put donated property by substituting provisions
    allowing inclusion of programs otherwise authorized by law intended
    to benefit Indians for provisions limiting permissible uses to
    programs otherwise authorized by law only if it could be shown that
    property would benefit a particular Indian institution or
    individual, and inserted provisions for an annual report to
    Congress on donations received and allocations made from such
    donations.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in this
    section relating to making an annual report to Congress, see
    section 3003 of Pub. L. 104-66, as amended, set out as a note under
    section 1113 of Title 31, Money and Finance, and page 113 of House
    Document No. 103-7.

-End-



-CITE-
    25 USC Sec. 452                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part B - Contracts With States

-HEAD-
    Sec. 452. Contracts for education, medical attention, relief and
      social welfare of Indians

-STATUTE-
      The Secretary of the Interior is authorized, in his discretion,
    to enter into a contract or contracts with any State or Territory,
    or political subdivision thereof, or with any State university,
    college, or school, or with any appropriate State or private
    corporation, agency, or institution, for the education, medical
    attention, agricultural assistance, and social welfare, including
    relief of distress, of Indians in such State or Territory, through
    the agencies of the State or Territory or of the corporations and
    organizations hereinbefore named, and to expend under such contract
    or contracts, moneys appropriated by Congress for the education,
    medical attention, agricultural assistance, and social welfare,
    including relief of distress, of Indians in such State or
    Territory.

-SOURCE-
    (Apr. 16, 1934, ch. 147, Sec. 1, 48 Stat. 596; June 4, 1936, ch.
    490, Sec. 1, 49 Stat. 1458.)


-MISC1-
                                AMENDMENTS                            
      1936 - Act June 4, 1936, substituted "with any State or
    Territory, or political subdivision thereof, or with any State
    university, college, or school, or with any appropriate State or
    private corporation, agency, or institution", "through the agencies
    of the State or Territory or of the corporations and organizations
    hereinbefore named,", and "such State or Territory" for "any State
    or Territory having legal authority so to do,", "through the
    qualified agencies of such State or Territory,", and "such State",
    respectively.

                                SHORT TITLE                            
      Act April 16, 1934, ch. 147, 48 Stat. 596, which enacted sections
    452 to 457 of this title, is popularly known as the "Johnson-
    O'Malley Act".

                 DISTRIBUTION OF PUBLIC SCHOOL ASSISTANCE             
      Pub. L. 100-446, title I, Sept. 27, 1988, 102 Stat. 1795,
    provided that: "notwithstanding any other provision of law, the
    amounts available for assistance to public schools under the Act of
    April 16, 1934 (48 Stat. 596), as amended (25 U.S.C. 452 et seq.),
    shall be distributed on the basis of the formula recommended by the
    Assistant Secretary of Indian Affairs in a letter to the Committees
    on Appropriations dated June 27, 1988, except that for the fiscal
    year ending September 30, 1989, the minimum weight factor shall be
    1.1 rather than 1.3 and for the fiscal year ending September 30,
    1990, the minimum weight factor shall be 1.2 rather than 1.3".
      Similar provisions were contained in the following prior
    appropriation act:
      Pub. L. 100-202, Sec. 101(g) [title I], Dec. 22, 1987, 101 Stat.
    1329-213, 1329-228.

                     LIMITATION ON CONTRACT AUTHORITY                 
      Pub. L. 99-190, Sec. 101(d) [title I], Dec. 19, 1985, 99 Stat.
    1224, 1235, provided that: "notwithstanding any law or regulation,
    in allocating funds for aid to public schools under the Act of
    April 16, 1934, as amended [sections 452 to 457 of this title], the
    Secretary shall enter into contracts only for the provision of
    supplementary educational services for Indian children".

-End-



-CITE-
    25 USC Sec. 453                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part B - Contracts With States

-HEAD-
    Sec. 453. Use of Government property by States and Territories

-STATUTE-
      The Secretary of the Interior, in making any contract authorized
    by sections 452 to 457 of this title, may permit such contracting
    party to utilize, for the purposes of said sections, existing
    school buildings, hospitals, and other facilities, and all
    equipment therein or appertaining thereto, including livestock and
    other personal property owned by the Government, under such terms
    and conditions as may be agreed upon for their use and maintenance.

-SOURCE-
    (Apr. 16, 1934, ch. 147, Sec. 2, 48 Stat. 596; June 4, 1936, ch.
    490, Sec. 2, 49 Stat. 1459.)


-MISC1-
                                AMENDMENTS                            
      1936 - Act June 4, 1936, substituted ", may permit such
    contracting party" for "with any State or Territory, may permit
    such State or Territory".

-End-



-CITE-
    25 USC Sec. 454                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part B - Contracts With States

-HEAD-
    Sec. 454. Rules and regulations; minimum standards of service

-STATUTE-
      The Secretary of the Interior is authorized to perform any and
    all acts and to make such rules and regulations, including minimum
    standards of service, as may be necessary and proper for the
    purpose of carrying the provisions of sections 452 to 457 of this
    title into effect: Provided, That such minimum standards of service
    are not less than the highest maintained by the States or
    Territories within which said contract or contracts, as herein
    provided, are to be effective.

-SOURCE-
    (Apr. 16, 1934, ch. 147, Sec. 3, 48 Stat. 596; June 4, 1936, ch.
    490, Sec. 3, 49 Stat. 1459.)


-MISC1-
                                AMENDMENTS                            
      1936 - Act June 4, 1936, substituted "within which" for "with
    which".

-End-



-CITE-
    25 USC Sec. 455                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part B - Contracts With States

-HEAD-
    Sec. 455. Contracts for education in public schools; submission of
      education plan by contractor as prerequisite; criteria for
      approval of plan by Secretary of the Interior; participation by
      non-Indian students

-STATUTE-
      The Secretary of the Interior shall not enter into any contract
    for the education of Indians unless the prospective contractor has
    submitted to, and has had approved by the Secretary of the
    Interior, an education plan, which plan, in the determination of
    the Secretary, contains educational objectives which adequately
    address the educational needs of the Indian students who are to be
    beneficiaries of the contract and assures that the contract is
    capable of meeting such objectives: Provided, That where students
    other than Indian students participate in such programs, money
    expended under such contract shall be prorated to cover the
    participation of only the Indian students.

-SOURCE-
    (Apr. 16, 1934, ch. 147, Sec. 4, as added Pub. L. 93-638, title II,
    Sec. 202, Jan. 4, 1975, 88 Stat. 2213.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 4 of act Apr. 16, 1934, ch. 147, 48 Stat. 596;
    June 4, 1936, ch. 490, 49 Stat. 1458, directed Secretary of the
    Interior to report to Congress any contracts made under provisions
    of sections 452 to 454 of this title, prior to repeal by Pub. L. 86-
    533, Sec. 1(15), June 29, 1960, 74 Stat. 248.

-End-



-CITE-
    25 USC Sec. 456                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part B - Contracts With States

-HEAD-
    Sec. 456. Local committee of Indian parents in school districts
      having school boards composed of non-Indian majority

-STATUTE-
    (a) Election; functions
      Whenever a school district affected by a contract or contracts
    for the education of Indians pursuant to sections 452 to 457 of
    this title has a local school board not composed of a majority of
    Indians, the parents of the Indian children enrolled in the school
    or schools affected by such contract or contracts shall elect a
    local committee from among their number. Such committee shall fully
    participate in the development of, and shall have the authority to
    approve or disapprove programs to be conducted under such contract
    or contracts, and shall carry out such other duties, and be so
    structured, as the Secretary of the Interior shall by regulation
    provide: Provided, however, That, whenever a local Indian committee
    or committees established pursuant to section 7424(c)(4) of title
    20 or an Indian advisory school board or boards established
    pursuant to sections 452 to 457 of this title prior to January 4,
    1975, exists in such school district, such committee or board may,
    in the discretion of the affected tribal governing body or bodies,
    be utilized for the purposes of this section.
    (b) Revocation of contracts
      The Secretary of the Interior may, in his discretion, revoke any
    contract if the contractor fails to permit a local committee to
    perform its duties pursuant to subsection (a) of this section.

-SOURCE-
    (Apr. 16, 1934, ch. 147, Sec. 5, as added Pub. L. 93-638, title II,
    Sec. 202, Jan. 4, 1975, 88 Stat. 2213; amended Pub. L. 103-382,
    title III, Sec. 393(d), Oct. 20, 1994, 108 Stat. 4027; Pub. L. 107-
    110, title VII, Sec. 702(e), Jan. 8, 2002, 115 Stat. 1947.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 5 of act Apr. 16, 1934, ch. 147, 48 Stat. 596,
    excluded Oklahoma from the application of contract provisions, and
    was omitted by act June 4, 1936, ch. 490, 49 Stat. 1458.

                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-110 substituted reference to
    section 7424(c)(4) of title 20 for reference to section 7814(c)(4)
    of title 20.
      1994 - Subsec. (a). Pub. L. 103-382 substituted reference to
    section 7814(c)(4) of title 20 for reference to section
    241dd(b)(2)(B)(ii) of title 20.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with
    respect to certain noncompetitive programs and competitive
    programs, see section 5 of Pub. L. 107-110, set out as an Effective
    Date note under section 6301 of Title 20, Education.

-End-



-CITE-
    25 USC Sec. 457                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part B - Contracts With States

-HEAD-
    Sec. 457. Reimbursement to school districts for educating non-
      resident students

-STATUTE-
      Any school district educating Indian students who are members of
    recognized Indian tribes, who do not normally reside in the State
    in which such school district is located, and who are residing in
    Federal boarding facilities for the purposes of attending public
    schools within such district may, in the discretion of the
    Secretary of the Interior, be reimbursed by him for the full per
    capita costs of educating such Indian students.

-SOURCE-
    (Apr. 16, 1934, ch. 147, Sec. 6, as added Pub. L. 93-638, title II,
    Sec. 202, Jan. 4, 1975, 88 Stat. 2214.)


-MISC1-
    INDIAN EDUCATIONAL REPORT; SUBMISSION TO CONGRESSIONAL COMMITTEES;
              TIME OF SUBMISSION; SCOPE AND CONTENT OF REPORT
      Section 203 of Pub. L. 93-638 provided for a report to be
    prepared and submitted not later than Oct. 1, 1975, by the
    Secretary of the Interior to the Committees on Interior and Insular
    Affairs of the United States Senate and the House of
    Representatives after conferring with persons competent in the
    field of Indian education and consulting with the Secretary of
    Health, Education, and Welfare. The report was to include analysis
    of the act of Apr. 16, 1934, and a specific program to meet the
    special educational needs of Indian children who attend public
    schools.

-End-


-CITE-
    25 USC Part C - Indian Education Assistance                 01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part C - Indian Education Assistance

-HEAD-
                   PART C - INDIAN EDUCATION ASSISTANCE               

-End-



-CITE-
    25 USC Sec. 458                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part C - Indian Education Assistance

-HEAD-
    Sec. 458. School construction, acquisition, or renovation contracts

-STATUTE-
    (a) Authorization; prerequisites
      The Secretary is authorized to enter into a contract or contracts
    with any State education agency or school district for the purpose
    of assisting such agency or district in the acquisition of sites
    for, or the construction, acquisition, or renovation of facilities
    (including all necessary equipment) in school districts on or
    adjacent to or in close proximity to any Indian reservation or
    other lands held in trust by the United States for Indians, if such
    facilities are necessary for the education of Indians residing on
    any such reservation or lands.
    (b) Eligibility requirements for assistance in federally-affected
      areas; applicability to projects in determining maximum amount,
      allocation, of funds, etc.
      The Secretary may expend not less than 75 per centum of such
    funds as are authorized and appropriated pursuant to this section
    on those projects which meet the eligibility requirements under
    subsections (a) and (b) of section 644 (!1) of title 20. Such funds
    shall be allocated on the basis of existing funding priorities, if
    any, established by the Secretary of Education under subsections
    (a) and (b) of section 644 (!1) of title 20. The Secretary of
    Education is directed to submit to the Secretary, at the beginning
    of each fiscal year, commencing with the first full fiscal year
    after January 4, 1975, a list of those projects eligible for
    funding under subsections (a) and (b) of section 644 (!1) of title
    20.

    (c) Eligibility of private schools to receive funds; maximum amount
      The Secretary may expend not more than 25 per centum of such
    funds as may be authorized and appropriated pursuant to this
    section on any school eligible to receive funds under section 458d
    of this title.
    (d) Duties of State education agencies pursuant to contracts
      Any contract entered into by the Secretary pursuant to this
    section shall contain provisions requiring the relevant State
    educational agency to - 
        (1) provide Indian students attending any such facilities
      constructed, acquired, or renovated, in whole or in part, from
      funds made available pursuant to this section with standards of
      education not less than those provided non-Indian students in the
      school district in which the facilities are situated; and
        (2) meet, with respect to such facilities, the requirements of
      the State and local building codes, and other building standards
      set by the State educational agency or school district for other
      public school facilities under its jurisdiction or control or by
      the local government in the jurisdiction within which the
      facilities are situated.
    (e) Advisory consultations by Secretary with affected entities and
      governing bodies prior to contracts; applicability
      The Secretary shall consult with the entity designated pursuant
    to section 456 of this title, and with the governing body of any
    Indian tribe or tribes the educational opportunity for the members
    of which will be significantly affected by any contract entered
    into pursuant to this section. Such consultation shall be advisory
    only, but shall occur prior to the entering into of any such
    contract. The foregoing provisions of this subsection shall not be
    applicable where the application for a contract pursuant to this
    section is submitted by an elected school board of which a majority
    of its members are Indians.
    (f) Evaluation and report to Congress of effectiveness of
      construction, etc., programs; scope and content of report
      Within ninety days following the expiration of the three year
    period following January 4, 1975, the Secretary shall evaluate the
    effectiveness of the program pursuant to this section and transmit
    a report of such evaluation to the Congress. Such report shall
    include - 
        (1) an analysis of construction costs and the impact on such
      costs of the provisions of subsection (f) of this section and the
      Act of March 3, 1921 (46 Stat. 1491), as amended; (!1)
        (2) a description of the working relationship between the
      Department of the Interior and the Department of Education
      including any memorandum of understanding in connection with the
      acquisition of data pursuant to subsection (b) of this section;
        (3) projections of the Secretary of future construction needs
      of the public schools serving Indian children residing on or
      adjacent to Indian reservations;
        (4) a description of the working relationship of the Department
      of the Interior with local or State educational agencies in
      connection with the contracting for construction, acquisition, or
      renovation of school facilities pursuant to this section; and
        (5) the recommendations of the Secretary with respect to the
      transfer of the responsibility for administering subsections (a)
      and (b) of section 644 (!1) of title 20 from the Department of
      Education to the Department of the Interior.
    (g) Authorization of appropriations
      For the purpose of carrying out the provisions of this section,
    there is authorized to be appropriated the sum of $35,000,000 for
    the fiscal year ending June 30, 1974; $35,000,000 for each of the
    four succeeding fiscal years; and thereafter, such sums as may be
    necessary, all of such sums to remain available until expended.

-SOURCE-
    (Pub. L. 93-638, title II, Sec. 204, Jan. 4, 1975, 88 Stat. 2214;
    Pub. L. 96-88, title III, Sec. 301, title V, Sec. 507, Oct. 17,
    1979, 93 Stat. 677, 692.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 644 of title 20, referred to in subsecs. (b) and (f)(5),
    was repealed by Pub. L. 103-382, title III, Sec. 331(a), Oct. 20,
    1994, 108 Stat. 3965.
      Act of March 3, 1921, referred to in subsec. (f)(1), probably
    means the act of Mar. 3, 1931, ch. 411, 46 Stat. 1494, as amended,
    known as the Davis-Bacon Act, which was classified generally to
    sections 276a to 276a-5 of former Title 40, Public Buildings,
    Property, and Works, and was repealed and reenacted as sections
    3141-3144, 3146, and 3147 of Title 40, Public Buildings, Property,
    and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116
    Stat. 1062, 1304.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Secretary of Education" substituted for "United States
    Commissioner of Education" in subsec. (b), and "Department of
    Education" substituted for "Department of Health, Education, and
    Welfare" in subsec. (f)(2), (5), pursuant to sections 301 and 507
    of Pub. L. 96-88, which is classified to sections 3441 and 3507 of
    Title 20, Education, and which transferred functions and offices
    (relating to education) of Commissioner of Education and Department
    of Health, Education, and Welfare to Secretary and Department of
    Education.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    25 USC Sec. 458a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part C - Indian Education Assistance

-HEAD-
    Sec. 458a. General education contract and grant provisions and
      requirements; school district quality and standards of excellence

-STATUTE-
      No funds from any grant or contract pursuant to this part shall
    be made available to any school district unless the Secretary is
    satisfied that the quality and standard of education, including
    facilities and auxiliary services, for Indian students enrolled in
    the schools of such district are at least equal to that provided
    all other students from resources, other than resources provided in
    this part, available to the local school district.

-SOURCE-
    (Pub. L. 93-638, title II, Sec. 205, Jan. 4, 1975, 88 Stat. 2216.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in text, was in the original "this title",
    meaning title II of Pub. L. 93-638, known as the Indian Education
    Assistance Act, which is classified principally to this part (Sec.
    458 et seq.). For complete classification of title II to the Code,
    see Short Title note set out under section 450 of this title and
    Tables.

-End-



-CITE-
    25 USC Sec. 458b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part C - Indian Education Assistance

-HEAD-
    Sec. 458b. Availability of funds to agencies, institutions, and
      organizations

-STATUTE-
      No funds from any contract or grant pursuant to this part shall
    be made available by any Federal agency directly to other than
    public agencies and Indian tribes, institutions, and organizations:
    Provided, That school districts, State education agencies, and
    Indian tribes, institutions, and organizations assisted by this
    part may use funds provided herein to contract for necessary
    services with any appropriate individual, organization, or
    corporation.

-SOURCE-
    (Pub. L. 93-638, title II, Sec. 206, Jan. 4, 1975, 88 Stat. 2216.)

-End-



-CITE-
    25 USC Sec. 458c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part C - Indian Education Assistance

-HEAD-
    Sec. 458c. Rules and regulations

-STATUTE-
    (a) Prerequisites for promulgation
      (1) Within six months from January 4, 1975, the Secretary shall,
    to the extent practicable, consult with national and regional
    Indian organizations with experiences in Indian education to
    consider and formulate appropriate rules and regulations to
    implement the provisions of this part.
      (2) Within seven months from January 4, 1975, the Secretary shall
    present the proposed rules and regulations to the Committees on
    Interior and Insular Affairs of the United States Senate and House
    of Representatives.
      (3) Within eight months from January 4, 1975, the Secretary shall
    publish proposed rules and regulations in the Federal Register for
    the purpose of receiving comments from interested parties.
      (4) Within ten months from January 4, 1975, the Secretary shall
    promulgate rules and regulations to implement the provisions of
    this part.
    (b) Revision and amendment
      The Secretary is authorized to revise and amend any rules or
    regulations promulgated pursuant to subsection (a) of this section:
    Provided, That prior to any revision or amendment to such rules or
    regulations the Secretary shall, to the extent practicable, consult
    with appropriate national and regional Indian organizations, and
    shall publish any proposed revisions in the Federal Register not
    less than sixty days prior to the effective date of such rules and
    regulations in order to provide adequate notice to, and receive
    comments from, other interested parties.

-SOURCE-
    (Pub. L. 93-638, title II, Sec. 207, Jan. 4, 1975, 88 Stat. 2216.)

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Interior and Insular Affairs of the Senate abolished
    and replaced by Committee on Energy and Natural Resources of the
    Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of
    the Senate, as amended by Senate Resolution No. 4, Ninety-fifth
    Congress (popularly cited as the "Committee System Reorganization
    Amendments of 1977"), approved Feb. 4, 1977. Section 105 of Senate
    Resolution No. 4 established a temporary Select Committee on Indian
    Affairs having jurisdiction over matters relating to Indian affairs
    (such matters previously having been within the jurisdiction of the
    Committee on Interior and Insular Affairs). Senate Resolution No.
    127, June 6, 1984, Ninety-eighth Congress, established the Select
    Committee on Indian Affairs as a permanent committee of the Senate,
    and section 25 of Senate Resolution No. 71, Feb. 25, 1993, One
    Hundred Third Congress, redesignated the Select Committee on Indian
    Affairs as the Committee on Indian Affairs.
      Committee on Interior and Insular Affairs of the House of
    Representatives changed to Committee on Natural Resources of the
    House of Representatives on Jan. 5, 1993, by House Resolution No.
    5, One Hundred Third Congress. Committee on Natural Resources of
    House of Representatives treated as referring to Committee on
    Resources of House of Representatives by section 1(a) of Pub. L.
    104-14, set out as a note preceding section 21 of Title 2, The
    Congress.

-End-



-CITE-
    25 USC Sec. 458d                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part C - Indian Education Assistance

-HEAD-
    Sec. 458d. Eligibility for funds of tribe or tribal organization
      controlling or managing private schools

-STATUTE-
      The Secretary is authorized and directed to provide funds,
    pursuant to this subchapter; the the (!1) Act of April 16, 1934 (48
    Stat. 596), as amended [25 U.S.C. 452 et seq.]; or any other
    authority granted to him to any tribe or tribal organization which
    controls and manages any previously private school.


-SOURCE-
    (Pub. L. 93-638, title II, Sec. 208, Jan. 4, 1975, 88 Stat. 2216;
    Pub. L. 97-375, title I, Sec. 108(d), Dec. 21, 1982, 96 Stat.
    1820.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, as
    amended, known as the Indian Self-Determination and Education
    Assistance Act, which is classified principally to this subchapter
    (Sec. 450 et seq.). For complete classification of this Act to the
    Code, see Short Title note set out under section 450 of this title
    and Tables.
      Act of April 16, 1934, referred to in text, is act Apr. 16, 1934,
    ch. 147, 48 Stat. 596, as amended, popularly known as the Johnson-
    O'Malley Act, which is classified generally to section 452 et seq.
    of this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 452 of this title and
    Tables.


-MISC1-
                                AMENDMENTS                            
      1982 - Pub. L. 97-375 struck out provisions relating to annual
    reporting requirements of Secretary to Congressional committees
    respecting educational assistance program conducted pursuant to
    this section.

-FOOTNOTE-
    (!1) So in original.


-End-



-CITE-
    25 USC Sec. 458e                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part C - Indian Education Assistance

-HEAD-
    Sec. 458e. Supplemental assistance to funds provided to local
      educational agencies

-STATUTE-
      The assistance provided in this subchapter for the education of
    Indians in the public schools of any State is in addition and
    supplemental to assistance provided under title IX of the
    Elementary and Secondary Education Act of 1965 [20 U.S.C. 7801 et
    seq.].

-SOURCE-
    (Pub. L. 93-638, title II, Sec. 209, Jan. 4, 1975, 88 Stat. 2217;
    Pub. L. 103-382, title III, Sec. 393(c), Oct. 20, 1994, 108 Stat.
    4027.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Elementary and Secondary Education Act of 1965, referred to
    in text, is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as amended.
    Title IX of the Act is classified generally to subchapter IX (Sec.
    7801 et seq.) of chapter 70 of Title 20, Education. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 6301 of Title 20 and Tables.


-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-382 substituted "title IX of the Elementary
    and Secondary Education Act of 1965" for "title IV of the Act of
    June 23, 1972 (86 Stat. 235)".

-End-


-CITE-
    25 USC Part D - Tribal Self-Governance - Department of
                     the Interior                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part D - Tribal Self-Governance - Department of the Interior

-HEAD-
       PART D - TRIBAL SELF-GOVERNANCE - DEPARTMENT OF THE INTERIOR   

-End-



-CITE-
    25 USC Sec. 458aa                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part D - Tribal Self-Governance - Department of the Interior

-HEAD-
    Sec. 458aa. Establishment

-STATUTE-
      The Secretary of the Interior (hereinafter in this part referred
    to as the "Secretary") shall establish and carry out a program
    within the Department of the Interior to be known as Tribal Self-
    Governance (hereinafter in this part referred to as "Self-
    Governance") in accordance with this part.

-SOURCE-
    (Pub. L. 93-638, title IV, Sec. 401, as added Pub. L. 103-413,
    title II, Sec. 204, Oct. 25, 1994, 108 Stat. 4271.)


-MISC1-
                                SHORT TITLE                            
      For short title of title II of Pub. L. 103-413, which enacted
    this part, as the "Tribal Self-Governance Act of 1994", see section
    201 of Pub. L. 103-413, set out as a Short Title of 1994 Amendment
    note under section 450 of this title.

                    CONGRESSIONAL STATEMENT OF FINDINGS                
      Section 202 of Pub. L. 103-413 provided that: "Congress finds
    that - 
        "(1) the tribal right of self-government flows from the
      inherent sovereignty of Indian tribes and nations;
        "(2) the United States recognizes a special government-to-
      government relationship with Indian tribes, including the right
      of the tribes to self-governance, as reflected in the
      Constitution, treaties, Federal statutes, and the course of
      dealings of the United States with Indian tribes;
        "(3) although progress has been made, the Federal bureaucracy,
      with its centralized rules and regulations, has eroded tribal
      self-governance and dominates tribal affairs;
        "(4) the Tribal Self-Governance Demonstration Project
      [established by title III of Pub. L. 93-638, formerly set out as
      a note under 25 U.S.C. 450f] was designed to improve and
      perpetuate the government-to-government relationship between
      Indian tribes and the United States and to strengthen tribal
      control over Federal funding and program management; and
        "(5) Congress has reviewed the results of the Tribal Self-
      Governance Demonstration Project and finds that - 
          "(A) transferring control to tribal governments, upon tribal
        request, over funding and decisionmaking for Federal programs,
        services, functions, and activities, or portions thereof, is an
        effective way to implement the Federal policy of government-to-
        government relations with Indian tribes; and
          "(B) transferring control to tribal governments, upon tribal
        request, over funding and decisionmaking for Federal programs,
        services, functions, and activities strengthens the Federal
        policy of Indian self-determination."

                    CONGRESSIONAL DECLARATION OF POLICY                
      Section 203 of title II of Pub. L. 103-413 provided that: "It is
    the policy of this title [enacting this part] to permanently
    establish and implement tribal self-governance - 
        "(1) to enable the United States to maintain and improve its
      unique and continuing relationship with, and responsibility to,
      Indian tribes;
        "(2) to permit each Indian tribe to choose the extent of the
      participation of such tribe in self-governance;
        "(3) to coexist with the provisions of the Indian Self-
      Determination Act [title I of Pub. L. 93-638, see Short Title
      note set out under section 450 of this title] relating to the
      provision of Indian services by designated Federal agencies;
        "(4) to ensure the continuation of the trust responsibility of
      the United States to Indian tribes and Indian individuals;
        "(5) to permit an orderly transition from Federal domination of
      programs and services to provide Indian tribes with meaningful
      authority to plan, conduct, redesign, and administer programs,
      services, functions, and activities that meet the needs of the
      individual tribal communities; and
        "(6) to provide for an orderly transition through a planned and
      measurable parallel reduction in the Federal bureaucracy."

-End-



-CITE-
    25 USC Sec. 458bb                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part D - Tribal Self-Governance - Department of the Interior

-HEAD-
    Sec. 458bb. Selection of participating Indian tribes

-STATUTE-
    (a) Continuing participation
      Each Indian tribe that is participating in the Tribal Self-
    Governance Demonstration Project at the Department of the Interior
    under title III (!1) on October 25, 1994, shall thereafter
    participate in Self-Governance under this part and cease
    participation in the Tribal Self-Governance Demonstration Project
    under title III (!1) with respect to the Department of the
    Interior.

    (b) Additional participants
      (1) In addition to those Indian tribes participating in self-
    governance under subsection (a) of this section, the Secretary,
    acting through the Director of the Office of Self-Governance, may
    select up to 50 new tribes per year from the applicant pool
    described in subsection (c) of this section to participate in self-
    governance.
      (2) If each tribe requests, two or more otherwise eligible Indian
    tribes may be treated as a single Indian tribe for the purpose of
    participating in Self-Governance as a consortium.
    (c) Applicant pool
      The qualified applicant pool for Self-Governance shall consist of
    each tribe that - 
        (1) successfully completes the planning phase described in
      subsection (d) of this section;
        (2) has requested participation in Self-Governance by
      resolution or other official action by the tribal governing body;
      and
        (3) has demonstrated, for the previous three fiscal years,
      financial stability and financial management capability as
      evidenced by the tribe having no material audit exceptions in the
      required annual audit of the self-determination contracts of the
      tribe.
    (d) Planning phase
      Each Indian tribe seeking to begin participation in Self-
    Governance shall complete a planning phase in accordance with this
    subsection. The tribe shall be eligible for a grant to plan and
    negotiate participation in Self-Governance. The planning phase
    shall include - 
        (1) legal and budgetary research; and
        (2) internal tribal government planning and organizational
      preparation.

-SOURCE-
    (Pub. L. 93-638, title IV, Sec. 402, as added Pub. L. 103-413,
    title II, Sec. 204, Oct. 25, 1994, 108 Stat. 4272; amended Pub. L.
    104-208, div. A, title I, Sec. 101(d) [title I, Sec. 117], Sept.
    30, 1996, 110 Stat. 3009-181, 3009-201.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Title III, referred to in subsec. (a), means title III of Pub. L.
    93-638, as added by Pub. L. 100-472, title II, Sec. 209, Oct. 5,
    1988, 102 Stat. 2296, and amended, which was set out as a note
    under section 450f of this title prior to repeal by Pub. L. 106-
    260, Sec. 10, Aug. 18, 2000, 114 Stat. 734.


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b)(1). Pub. L. 104-208 amended par. (1)
    generally. Prior to amendment, par. (1) read as follows: "In
    addition to those Indian tribes participating in Self-Governance
    under subsection (a) of this section, the Secretary, acting through
    the Director of the Office of Self-Governance, may select up to 20
    new tribes per year from the applicant pool described in subsection
    (c) of this section to participate in Self-Governance."

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    25 USC Sec. 458cc                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part D - Tribal Self-Governance - Department of the Interior

-HEAD-
    Sec. 458cc. Funding agreements

-STATUTE-
    (a) Authorization
      The Secretary shall negotiate and enter into an annual written
    funding agreement with the governing body of each participating
    tribal government in a manner consistent with the Federal
    Government's laws and trust relationship to and responsibility for
    the Indian people.
    (b) Contents
      Each funding agreement shall - 
        (1) authorize the tribe to plan, conduct, consolidate, and
      administer programs, services, functions, and activities, or
      portions thereof, administered by the Department of the Interior
      through the Bureau of Indian Affairs, without regard to the
      agency or office of the Bureau of Indian Affairs within which the
      program, service, function, and activity, or portion thereof, is
      performed, including funding for agency, area, and central office
      functions in accordance with subsection (g)(3) of this section,
      and including any program, service, function, and activity, or
      portion thereof, administered under the authority of - 
          (A) the Act of April 16, 1934 (25 U.S.C. 452 et seq.);
          (B) section 13 of this title; and
          (C) programs, services, functions, and activities or portions
        thereof administered by the Secretary of the Interior that are
        otherwise available to Indian tribes or Indians for which
        appropriations are made to agencies other than the Department
        of the Interior;

        (2) subject to such terms as may be negotiated, authorize the
      tribe to plan, conduct, consolidate, and administer programs,
      services, functions, and activities, or portions thereof,
      administered by the Department of the Interior, other than
      through the Bureau of Indian Affairs, that are otherwise
      available to Indian tribes or Indians, as identified in section
      458ee(c) of this title, except that nothing in this subsection
      may be construed to provide any tribe with a preference with
      respect to the opportunity of the tribe to administer programs,
      services, functions, and activities, or portions thereof, unless
      such preference is otherwise provided for by law;
        (3) subject to the terms of the agreement, authorize the tribe
      to redesign or consolidate programs, services, functions, and
      activities, or portions thereof, and reallocate funds for such
      programs, services, functions, and activities, or portions
      thereof, except that, with respect to the reallocation,
      consolidation, and redesign of programs described in paragraph
      (2), a joint agreement between the Secretary and the tribe shall
      be required;
        (4) prohibit the inclusion of funds provided - 
          (A) pursuant to the Tribally Controlled College or University
        Assistance Act of 1978 (25 U.S.C. 1801 et seq.);
          (B) for elementary and secondary schools under the formula
        developed pursuant to section 2008 of this title; and
          (C) the Flathead Agency Irrigation Division or the Flathead
        Agency Power Division, except that nothing in this section
        shall affect the contract authority of such divisions under
        section 450f of this title;

        (5) specify the services to be provided, the functions to be
      performed, and the responsibilities of the tribe and the
      Secretary pursuant to the agreement;
        (6) authorize the tribe and the Secretary to reallocate funds
      or modify budget allocations within any year, and specify the
      procedures to be used;
        (7) allow for retrocession of programs or portions of programs
      pursuant to section 450j(e) of this title;
        (8) provide that, for the year for which, and to the extent to
      which, funding is provided to a tribe under this section, the
      tribe - 
          (A) shall not be entitled to contract with the Secretary for
        such funds under section 450f of this title, except that such
        tribe shall be eligible for new programs on the same basis as
        other tribes; and
          (B) shall be responsible for the administration of programs,
        services, functions, and activities pursuant to agreements
        entered into under this section; and

        (9) prohibit the Secretary from waiving, modifying, or
      diminishing in any way the trust responsibility of the United
      States with respect to Indian tribes and individual Indians that
      exists under treaties, Executive orders, and other laws.
    (c) Additional activities
      Each funding agreement negotiated pursuant to subsections (a) and
    (b) of this section may, in accordance to such additional terms as
    the parties deem appropriate, also include other programs,
    services, functions, and activities, or portions thereof,
    administered by the Secretary of the Interior which are of special
    geographic, historical, or cultural significance to the
    participating Indian tribe requesting a compact.
    (d) Provisions relating to Secretary
      Funding agreements negotiated between the Secretary and an Indian
    tribe shall include provisions - 
        (1) to monitor the performance of trust functions by the tribe
      through the annual trust evaluation, and
        (2) for the Secretary to reassume a program, service, function,
      or activity, or portions thereof, if there is a finding of
      imminent jeopardy to a physical trust asset, natural resources,
      or public health and safety.
    (e) Construction projects
      (1) Regarding construction programs or projects, the Secretary
    and Indian tribes may negotiate for the inclusion of specific
    provisions of the Office of Federal Procurement and Policy Act [41
    U.S.C. 401 et seq.] and Federal acquisition regulations in any
    funding agreement entered into under this subchapter. Absent a
    negotiated agreement, such provisions and regulatory requirements
    shall not apply.
      (2) In all construction projects performed pursuant to this part,
    the Secretary shall ensure that proper health and safety standards
    are provided for in the funding agreements.
    (f) Submission for review
      Not later than 90 days before the proposed effective date of an
    agreement entered into under this section, the Secretary shall
    submit a copy of such agreement to - 
        (1) each Indian tribe that is served by the Agency that is
      serving the tribe that is a party to the funding agreement;
        (2) the Committee on Indian Affairs of the Senate; and
        (3) the Subcommittee on Native American Affairs of the
      Committee on Natural Resources of the House of Representatives.
    (g) Payment
      (1) At the request of the governing body of the tribe and under
    the terms of an agreement entered into under this section, the
    Secretary shall provide funding to the tribe to carry out the
    agreement.
      (2) The funding agreements authorized by this part and title III
    of this Act shall provide for advance payments to the tribes in the
    form of annual or semi-annual installments at the discretion of the
    tribes.
      (3) Subject to paragraph (4) of this subsection and paragraphs
    (1) through (3) of subsection (b) of this section, the Secretary
    shall provide funds to the tribe under an agreement under this part
    for programs, services, functions, and activities, or portions
    thereof, in an amount equal to the amount that the tribe would have
    been eligible to receive under contracts and grants under this
    subchapter, including amounts for direct program and contract
    support costs and, in addition, any funds that are specifically or
    functionally related to the provision by the Secretary of services
    and benefits to the tribe or its members, without regard to the
    organization level within the Department where such functions are
    carried out.
      (4) Funds for trust services to individual Indians shall be
    available under an agreement entered into under this section only
    to the extent that the same services that would have been provided
    by the Secretary are provided to individual Indians by the tribe.
    (h) Civil actions
      (1) Except as provided in paragraph (2), for the purposes of
    section 450m-1 of this title, the term "contract" shall include
    agreements entered into under this part.
      (2) For the period that an agreement entered into under this part
    is in effect, the provisions of section 81 of this title, section
    476 of this title, and the Act of July 3, 1952 (25 U.S.C. 82a),
    shall not apply to attorney and other professional contracts by
    Indian tribal governments participating in Self-Governance under
    this part.
    (i) Facilitation
      (1) Except as otherwise provided by law, the Secretary shall
    interpret each Federal law and regulation in a manner that will
    facilitate - 
        (A) the inclusion of programs, services, functions, and
      activities in the agreements entered into under this section; and
        (B) the implementation of agreements entered into under this
      section.

      (2)(A) A tribe may submit a written request for a waiver to the
    Secretary identifying the regulation sought to be waived and the
    basis for the request.
      (B) Not later than 60 days after receipt by the Secretary of a
    written request by a tribe to waive application of a Federal
    regulation for an agreement entered into under this section, the
    Secretary shall either approve or deny the requested waiver in
    writing to the tribe. A denial may be made only upon a specific
    finding by the Secretary that identified language in the regulation
    may not be waived because such waiver is prohibited by Federal law.
    The Secretary's decision shall be final for the Department.
    (j) Funds
      All funds provided under funding agreements entered into pursuant
    to this subchapter, and all funds provided under contracts or
    grants made pursuant to this subchapter, shall be treated as non-
    Federal funds for purposes of meeting matching requirements under
    any other Federal law.
    (k) Disclaimer
      Nothing in this section is intended or shall be construed to
    expand or alter existing statutory authorities in the Secretary so
    as to authorize the Secretary to enter into any agreement under
    subsection (b)(2) of this section and section 458ee(c)(1) of this
    title with respect to functions that are inherently Federal or
    where the statute establishing the existing program does not
    authorize the type of participation sought by the tribe: Provided,
    however an Indian tribe or tribes need not be identified in the
    authorizing statute in order for a program or element of a program
    to be included in a compact under subsection (b)(2) of this
    section.
    (l) Incorporate self-determination provisions
      At the option of a participating tribe or tribes, any or all
    provisions of part A of this subchapter shall be made part of an
    agreement entered into under title III of this Act or this part.
    The Secretary is obligated to include such provisions at the option
    of the participating tribe or tribes. If such provision is
    incorporated it shall have the same force and effect as if set out
    in full in title III or this part.

-SOURCE-
    (Pub. L. 93-638, title IV, Sec. 403, as added Pub. L. 103-413,
    title II, Sec. 204, Oct. 25, 1994, 108 Stat. 4272; amended Pub. L.
    104-109, Sec. 19, Feb. 12, 1996, 110 Stat. 766; Pub. L. 105-244,
    title IX, Sec. 901(d), Oct. 7, 1998, 112 Stat. 1828; Pub. L. 106-
    568, title VIII, Sec. 812(b), Dec. 27, 2000, 114 Stat. 2917.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of April 16, 1934, referred to in subsec. (b)(1)(A), is act
    Apr. 16, 1934, ch. 147, 48 Stat. 596, as amended, popularly known
    as the Johnson-O'Malley Act, which is classified generally to
    section 452 et seq. of this title. For complete classification of
    this Act to the Code, see Short Title note set out under section
    452 of this title and Tables.
      The Tribally Controlled College or University Assistance Act of
    1978, referred to in subsec. (b)(4)(A), is Pub. L. 95-471, Oct. 17,
    1978, 92 Stat. 1325, as amended, which is classified principally to
    chapter 20 (Sec. 1801 et seq.) of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1801 of this title and Tables.
      The Office of Federal Procurement Policy Act, referred to in
    subsec. (e)(1), is Pub. L. 93-400, Aug. 30, 1974, 88 Stat. 796, as
    amended, which is classified principally to chapter 7 (Sec. 401 et
    seq.) of Title 41, Public Contracts. For complete classification of
    this Act to the Code, see Short Title note set out under section
    401 of Title 41 and Tables.
      This subchapter, referred to in subsecs. (e)(1), (g)(3), and (j),
    was in the original "this Act", meaning Pub. L. 93-638, Jan. 4,
    1975, 88 Stat. 2203, as amended, known as the Indian Self-
    Determination and Education Assistance Act, which is classified
    principally to this subchapter (Sec. 450 et seq.). For complete
    classification of this Act to the Code, see Short Title note set
    out under section 450 of this title and Tables.
      Title III of this Act, referred to in subsecs. (g)(2) and (l), is
    title III of Pub. L. 93-638, as added by Pub. L. 100-472, title II,
    Sec. 209, Oct. 5, 1988, 102 Stat. 2296, and amended, which was set
    out as a note under section 450f of this title prior to repeal by
    Pub. L. 106-260, Sec. 10, Aug. 18, 2000, 114 Stat. 734.
      The Act of July 3, 1952, referred to in subsec. (h)(2), is act
    July 3, 1952, ch. 549, 66 Stat. 323, which enacted section 82a of
    this title and provisions set out as a note under section 82a of
    this title.
      Part A of this subchapter, referred to in subsec. (l), was in the
    original "title I of this Act", meaning title I of Pub. L. 93-638,
    known as the Indian Self-Determination Act, which is classified
    principally to part A (Sec. 450f et seq.) of this subchapter. For
    complete classification of title I to the Code, see Short Title
    note set out under section 450 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (h)(2). Pub. L. 106-568 struck out "and" before
    "section 476 of this title" and substituted "and the Act of July 3,
    1952 (25 U.S.C. 82a), shall not apply" for "shall not apply".
      1998 - Subsec. (b)(4)(A). Pub. L. 105-244 substituted "Tribally
    Controlled College or University Assistance Act of 1978" for
    "Tribally Controlled Community College Assistance Act of 1978".
      1996 - Subsec. (l). Pub. L. 104-109 added subsec. (l).

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Natural Resources of House of Representatives
    treated as referring to Committee on Resources of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-MISC2-
                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
    otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-
    244, set out as a note under section 1001 of Title 20, Education.

-End-



-CITE-
    25 USC Sec. 458dd                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part D - Tribal Self-Governance - Department of the Interior

-HEAD-
    Sec. 458dd. Budget request

-STATUTE-
      The Secretary shall identify, in the annual budget request of the
    President to the Congress under section 1105 of title 31 any funds
    proposed to be included in agreements authorized under this part.

-SOURCE-
    (Pub. L. 93-638, title IV, Sec. 404, as added Pub. L. 103-413,
    title II, Sec. 204, Oct. 25, 1994, 108 Stat. 4275.)

-End-



-CITE-
    25 USC Sec. 458ee                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part D - Tribal Self-Governance - Department of the Interior

-HEAD-
    Sec. 458ee. Reports

-STATUTE-
    (a) Requirement
      The Secretary shall submit to Congress a written report on
    January 1 of each year following October 25, 1994, regarding the
    administration of this part.
    (b) Contents
      The report shall - 
        (1) identify the relative costs and benefits of Self-
      Governance;
        (2) identify, with particularity, all funds that are
      specifically or functionally related to the provision by the
      Secretary of services and benefits to Self-Governance tribes and
      their members;
        (3) identify the funds transferred to each Self-Governance
      tribe and the corresponding reduction in the Federal bureaucracy;
        (4) include the separate views of the tribes; and
        (5) include the funding formula for individual tribal shares of
      Central Office funds, together with the comments of affected
      Indian tribes, developed under subsection (d) of this section.
    (c) Report on non-BIA programs
      (1) In order to optimize opportunities for including non-Bureau
    of Indian Affairs programs, services, functions, and activities, or
    portions thereof, in agreements with tribes participating in Self-
    Governance under this part, the Secretary shall - 
        (A) review all programs, services, functions, and activities,
      or portions thereof, administered by the Department of the
      Interior, other than through the Bureau of Indian Affairs,
      without regard to the agency or office concerned; and
        (B) not later than 90 days after October 25, 1994, provide to
      the appropriate committees of Congress a listing of all such
      programs, services, functions, and activities, or portions
      thereof, that the Secretary determines, with the concurrence of
      tribes participating in Self-Governance under this part, are
      eligible for inclusion in such agreements at the request of a
      participating Indian tribe.

      (2) The Secretary shall establish programmatic targets, after
    consultation with tribes participating in Self-Governance under
    this part, to encourage bureaus of the Department to assure that a
    significant portion of such programs, services, functions, and
    activities are actually included in the agreements negotiated under
    section 458cc of this title.
      (3) The listing and targets under paragraphs (1) and (2) shall be
    published in the Federal Register and be made available to any
    Indian tribe participating in Self-Governance under this part. The
    list shall be published before January 1, 1995, and annually
    thereafter by January 1 preceding the fiscal year in which the
    targets are to be met.
      (4) Thereafter, the Secretary shall annually review and publish
    in the Federal Register, after consultation with tribes
    participating in Self-Governance under this part, a revised listing
    and programmatic targets.
    (d) Report on Central Office funds
      Within 90 days after October 25, 1994, the Secretary shall, in
    consultation with Indian tribes, develop a funding formula to
    determine the individual tribal share of funds controlled by the
    Central Office of the Bureau of Indian Affairs for inclusion in the
    Self-Governance compacts. The Secretary shall include such formula
    in the annual report submitted to the Congress under subsection (b)
    of this section, together with the views of the affected Indian
    tribes.

-SOURCE-
    (Pub. L. 93-638, title IV, Sec. 405, as added Pub. L. 103-413,
    title II, Sec. 204, Oct. 25, 1994, 108 Stat. 4276.)

-End-



-CITE-
    25 USC Sec. 458ff                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part D - Tribal Self-Governance - Department of the Interior

-HEAD-
    Sec. 458ff. Disclaimers

-STATUTE-
    (a) Other services, contracts, and funds
      Nothing in this part shall be construed to limit or reduce in any
    way the services, contracts, or funds that any other Indian tribe
    or tribal organization is eligible to receive under section 450f of
    this title or any other applicable Federal law.
    (b) Federal trust responsibilities
      Nothing in this subchapter shall be construed to diminish the
    Federal trust responsibility to Indian tribes, individual Indians,
    or Indians with trust allotments.
    (c) Application of other sections of subchapter
      All provisions of sections 450c(d), 450d, 450f(c), 450i, 450j(f),
    450m-1, and 450n of this title shall apply to agreements provided
    under this part.

-SOURCE-
    (Pub. L. 93-638, title IV, Sec. 406, as added Pub. L. 103-413,
    title II, Sec. 204, Oct. 25, 1994, 108 Stat. 4277; amended Pub. L.
    105-277, div. A, Sec. 101(e) [title I, Sec. 133], Oct. 21, 1998,
    112 Stat. 2681-231, 2681-264.)


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (c). Pub. L. 105-277 inserted "450c(d)," after
    "sections".

-End-



-CITE-
    25 USC Sec. 458gg                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part D - Tribal Self-Governance - Department of the Interior

-HEAD-
    Sec. 458gg. Regulations

-STATUTE-
    (a) In general
      Not later than 90 days after October 25, 1994, at the request of
    a majority of the Indian tribes with agreements under this part,
    the Secretary shall initiate procedures under subchapter III of
    chapter 5 of title 5 to negotiate and promulgate such regulations
    as are necessary to carry out this part.
    (b) Committee
      A negotiated rulemaking committee established pursuant to section
    565 of title 5 to carry out this section shall have as its members
    only Federal and tribal government representatives, a majority of
    whom shall be representatives of Indian tribes with agreements
    under this part.
    (c) Adaptation of procedures
      The Secretary shall adapt the negotiated rulemaking procedures to
    the unique context of Self-Governance and the government-to-
    government relationship between the United States and the Indian
    tribes.
    (d) Effect
      The lack of promulgated regulations shall not limit the effect of
    this part.

-SOURCE-
    (Pub. L. 93-638, title IV, Sec. 407, as added Pub. L. 103-413,
    title II, Sec. 204, Oct. 25, 1994, 108 Stat. 4277.)

-End-



-CITE-
    25 USC Sec. 458hh                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part D - Tribal Self-Governance - Department of the Interior

-HEAD-
    Sec. 458hh. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated such sums as may be
    necessary to carry out this part.

-SOURCE-
    (Pub. L. 93-638, title IV, Sec. 408, as added Pub. L. 103-413,
    title II, Sec. 204, Oct. 25, 1994, 108 Stat. 4278.)

-End-


-CITE-
    25 USC Part E - Tribal Self-Governance - Indian Health
                     Service                               01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part E - Tribal Self-Governance - Indian Health Service

-HEAD-
          PART E - TRIBAL SELF-GOVERNANCE - INDIAN HEALTH SERVICE      

-COD-
                               CODIFICATION                           
      This part is comprised of title V of Pub. L. 93-638, as added by
    Pub. L. 106-260, Sec. 4, Aug. 18, 2000, 114 Stat. 712. Another
    title V of Pub. L. 93-638 was added by Pub. L. 106-568, title XIII,
    Sec. 1302, Dec. 27, 2000, 114 Stat. 2936, and is classified to part
    F (Sec. 458bbb et seq.) of this subchapter.

-End-



-CITE-
    25 USC Sec. 458aaa                                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part E - Tribal Self-Governance - Indian Health Service

-HEAD-
    Sec. 458aaa. Definitions

-STATUTE-
    (a) In general
      In this part:
      (1) Construction project
        The term "construction project" - 
          (A) means an organized noncontinuous undertaking to complete
        a specific set of predetermined objectives for the planning,
        environmental determination, design, construction, repair,
        improvement, or expansion of buildings or facilities, as
        described in a construction project agreement; and
          (B) does not include construction program administration and
        activities described in paragraphs (1) through (3) of section
        450b(m) of this title, that may otherwise be included in a
        funding agreement under this part.
      (2) Construction project agreement
        The term "construction project agreement" means a negotiated
      agreement between the Secretary and an Indian tribe, that at a
      minimum - 
          (A) establishes project phase start and completion dates;
          (B) defines a specific scope of work and standards by which
        it will be accomplished;
          (C) identifies the responsibilities of the Indian tribe and
        the Secretary;
          (D) addresses environmental considerations;
          (E) identifies the owner and operations and maintenance
        entity of the proposed work;
          (F) provides a budget;
          (G) provides a payment process; and
          (H) establishes the duration of the agreement based on the
        time necessary to complete the specified scope of work, which
        may be 1 or more years.
      (3) Gross mismanagement
        The term "gross mismanagement" means a significant, clear, and
      convincing violation of a compact, funding agreement, or
      regulatory, or statutory requirements applicable to Federal funds
      transferred to an Indian tribe by a compact or funding agreement
      that results in a significant reduction of funds available for
      the programs, services, functions, or activities (or portions
      thereof) assumed by an Indian tribe.
      (4) Inherent Federal functions
        The term "inherent Federal functions" means those Federal
      functions which cannot legally be delegated to Indian tribes.
      (5) Inter-tribal consortium
        The term "inter-tribal consortium" means a coalition of two
      (!1) more separate Indian tribes that join together for the
      purpose of participating in self-governance, including tribal
      organizations.

      (6) Secretary
        The term "Secretary" means the Secretary of Health and Human
      Services.
      (7) Self-governance
        The term "self-governance" means the program of self-governance
      established under section 458aaa-1 of this title.
      (8) Tribal share
        The term "tribal share" means an Indian tribe's portion of all
      funds and resources that support secretarial programs, services,
      functions, and activities (or portions thereof) that are not
      required by the Secretary for performance of inherent Federal
      functions.
    (b) Indian tribe
      In any case in which an Indian tribe has authorized another
    Indian tribe, an inter-tribal consortium, or a tribal organization
    to plan for or carry out programs, services, functions, or
    activities (or portions thereof) on its behalf under this part, the
    authorized Indian tribe, inter-tribal consortium, or tribal
    organization shall have the rights and responsibilities of the
    authorizing Indian tribe (except as otherwise provided in the
    authorizing resolution or in this part). In such event, the term
    "Indian tribe" as used in this part shall include such other
    authorized Indian tribe, inter-tribal consortium, or tribal
    organization.

-SOURCE-
    (Pub. L. 93-638, title V, Sec. 501, as added Pub. L. 106-260, Sec.
    4, Aug. 18, 2000, 114 Stat. 712.)

-COD-
                               CODIFICATION                           
      Another section 501 of Pub. L. 93-638, as added by Pub. L. 106-
    568, title XIII, Sec. 1302, Dec. 27, 2000, 114 Stat. 2936, is
    classified to section 458bbb of this title.


-MISC1-
                              EFFECTIVE DATE                          
      Pub. L. 106-260, Sec. 13, Aug. 18, 2000, 114 Stat. 734, provided
    that: "Except as otherwise provided, the provisions of this Act
    [enacting this part, amending sections 450f, 450j, and 450j-1 of
    this title, enacting provisions set out as notes under this section
    and sections 450 and 450f of this title, and repealing provisions
    set out as a note under section 450f of this title] shall take
    effect on the date of the enactment of this Act [Aug. 18, 2000]."

                                 FINDINGS                             
      Pub. L. 106-260, Sec. 2, Aug. 18, 2000, 114 Stat. 711, provided
    that: "Congress finds that - 
        "(1) the tribal right of self-government flows from the
      inherent sovereignty of Indian tribes and nations;
        "(2) the United States recognizes a special government-to-
      government relationship with Indian tribes, including the right
      of the Indian tribes to self-governance, as reflected in the
      Constitution, treaties, Federal statutes, and the course of
      dealings of the United States with Indian tribes;
        "(3) although progress has been made, the Federal bureaucracy,
      with its centralized rules and regulations, has eroded tribal
      self-governance and dominates tribal affairs;
        "(4) the Tribal Self-Governance Demonstration Project,
      established under title III of the Indian Self-Determination and
      Education Assistance Act ([Pub. L. 93-638, former] 25 U.S.C. 450f
      note) was designed to improve and perpetuate the government-to-
      government relationship between Indian tribes and the United
      States and to strengthen tribal control over Federal funding and
      program management;
        "(5) although the Federal Government has made considerable
      strides in improving Indian health care, it has failed to fully
      meet its trust responsibilities and to satisfy its obligations to
      the Indian tribes under treaties and other laws; and
        "(6) Congress has reviewed the results of the Tribal Self-
      Governance Demonstration Project and finds that transferring
      full control and funding to tribal governments, upon tribal
      request, over decision making for Federal programs, services,
      functions, and activities (or portions thereof) - 
          "(A) is an appropriate and effective means of implementing
        the Federal policy of government-to-government relations with
        Indian tribes; and
          "(B) strengthens the Federal policy of Indian self-
        determination."

                           DECLARATION OF POLICY                       
      Pub. L. 106-260, Sec. 3, Aug. 18, 2000, 114 Stat. 712, provided
    that: "It is the policy of Congress - 
        "(1) to permanently establish and implement tribal self-
      governance within the Department of Health and Human Services;
        "(2) to call for full cooperation from the Department of Health
      and Human Services and its constituent agencies in the
      implementation of tribal self-governance - 
          "(A) to enable the United States to maintain and improve its
        unique and continuing relationship with, and responsibility to,
        Indian tribes;
          "(B) to permit each Indian tribe to choose the extent of its
        participation in self-governance in accordance with the
        provisions of the Indian Self-Determination and Education
        Assistance Act [25 U.S.C. 450 et seq.] relating to the
        provision of Federal services to Indian tribes;
          "(C) to ensure the continuation of the trust responsibility
        of the United States to Indian tribes and Indian individuals;
          "(D) to affirm and enable the United States to fulfill its
        obligations to the Indian tribes under treaties and other laws;
          "(E) to strengthen the government-to-government relationship
        between the United States and Indian tribes through direct and
        meaningful consultation with all tribes;
          "(F) to permit an orderly transition from Federal domination
        of programs and services to provide Indian tribes with
        meaningful authority, control, funding, and discretion to plan,
        conduct, redesign, and administer programs, services,
        functions, and activities (or portions thereof) that meet the
        needs of the individual tribal communities;
          "(G) to provide for a measurable parallel reduction in the
        Federal bureaucracy as programs, services, functions, and
        activities (or portion thereof) are assumed by Indian tribes;
          "(H) to encourage the Secretary to identify all programs,
        services, functions, and activities (or portions thereof) of
        the Department of Health and Human Services that may be managed
        by an Indian tribe under this Act [see Short Title of 2000
        Amendments note set out under section 450 of this title] and to
        assist Indian tribes in assuming responsibility for such
        programs, services, functions, and activities (or portions
        thereof); and
          "(I) to provide Indian tribes with the earliest opportunity
        to administer programs, services, functions, and activities (or
        portions thereof) from throughout the Department of Health and
        Human Services."

-FOOTNOTE-
    (!1) So in original. Probably should be followed by "or".


-End-



-CITE-
    25 USC Sec. 458aaa-1                                        01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part E - Tribal Self-Governance - Indian Health Service

-HEAD-
    Sec. 458aaa-1. Establishment

-STATUTE-
      The Secretary shall establish and carry out a program within the
    Indian Health Service of the Department of Health and Human
    Services to be known as the "Tribal Self-Governance Program" in
    accordance with this part.

-SOURCE-
    (Pub. L. 93-638, title V, Sec. 502, as added Pub. L. 106-260, Sec.
    4, Aug. 18, 2000, 114 Stat. 714.)

-COD-
                               CODIFICATION                           
      Another section 502 of Pub. L. 93-638, as added by Pub. L. 106-
    568, title XIII, Sec. 1302, Dec. 27, 2000, 114 Stat. 2938, is
    classified to section 458bbb-1 of this title.

-End-



-CITE-
    25 USC Sec. 458aaa-2                                        01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part E - Tribal Self-Governance - Indian Health Service

-HEAD-
    Sec. 458aaa-2. Selection of participating Indian tribes

-STATUTE-
    (a) Continuing participation
      Each Indian tribe that is participating in the Tribal Self-
    Governance Demonstration Project under title III (!1) on August
    18, 2000, may elect to participate in self-governance under this
    part under existing authority as reflected in tribal resolution.

    (b) Additional participants
      (1) In general
        In addition to those Indian tribes participating in self-
      governance under subsection (a) of this section, each year an
      additional 50 Indian tribes that meet the eligibility criteria
      specified in subsection (c) of this section shall be entitled to
      participate in self-governance.
      (2) Treatment of certain Indian tribes
        (A) In general
          An Indian tribe that has withdrawn from participation in an
        inter-tribal consortium or tribal organization, in whole or in
        part, shall be entitled to participate in self-governance
        provided the Indian tribe meets the eligibility criteria
        specified in subsection (c) of this section.
        (B) Effect of withdrawal
          If an Indian tribe has withdrawn from participation in an
        inter-tribal consortium or tribal organization, that Indian
        tribe shall be entitled to its tribal share of funds supporting
        those programs, services, functions, and activities (or
        portions thereof) that the Indian tribe will be carrying out
        under the compact and funding agreement of the Indian tribe.
        (C) Participation in self-governance
          In no event shall the withdrawal of an Indian tribe from an
        inter-tribal consortium or tribal organization affect the
        eligibility of the inter-tribal consortium or tribal
        organization to participate in self-governance.
    (c) Applicant pool
      (1) In general
        The qualified applicant pool for self-governance shall consist
      of each Indian tribe that - 
          (A) successfully completes the planning phase described in
        subsection (d) of this section;
          (B) has requested participation in self-governance by
        resolution or other official action by the governing body of
        each Indian tribe to be served; and
          (C) has demonstrated, for 3 fiscal years, financial stability
        and financial management capability.
      (2) Criteria for determining financial stability and financial
        management capacity
        For purposes of this subsection, evidence that, during the 3-
      year period referred to in paragraph (1)(C), an Indian tribe had
      no uncorrected significant and material audit exceptions in the
      required annual audit of the Indian tribe's self-determination
      contracts or self-governance funding agreements with any Federal
      agency shall be conclusive evidence of the required stability and
      capability.
    (d) Planning phase
      Each Indian tribe seeking participation in self-governance shall
    complete a planning phase. The planning phase shall be conducted to
    the satisfaction of the Indian tribe and shall include - 
        (1) legal and budgetary research; and
        (2) internal tribal government planning and organizational
      preparation relating to the administration of health care
      programs.
    (e) Grants
      Subject to the availability of appropriations, any Indian tribe
    meeting the requirements of paragraph (1)(B) and (C) of subsection
    (c) of this section shall be eligible for grants - 
        (1) to plan for participation in self-governance; and
        (2) to negotiate the terms of participation by the Indian tribe
      or tribal organization in self-governance, as set forth in a
      compact and a funding agreement.
    (f) Receipt of grant not required
      Receipt of a grant under subsection (e) of this section shall not
    be a requirement of participation in self-governance.

-SOURCE-
    (Pub. L. 93-638, title V, Sec. 503, as added Pub. L. 106-260, Sec.
    4, Aug. 18, 2000, 114 Stat. 714.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Title III, referred to in subsec. (a), means title III of Pub. L.
    93-638, as added by Pub. L. 100-472, title II, Sec. 209, Oct. 5,
    1988, 102 Stat. 2296, and amended, which was set out as a note
    under section 450f of this title prior to repeal by Pub. L. 106-
    260, Sec. 10, Aug. 18, 2000, 114 Stat. 734.

-COD-
                               CODIFICATION                           
      Another section 503 of Pub. L. 93-638, as added by Pub. L. 106-
    568, title XIII, Sec. 1302, Dec. 27, 2000, 114 Stat. 2938, is
    classified to section 458bbb-2 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    25 USC Sec. 458aaa-3                                        01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part E - Tribal Self-Governance - Indian Health Service

-HEAD-
    Sec. 458aaa-3. Compacts

-STATUTE-
    (a) Compact required
      The Secretary shall negotiate and enter into a written compact
    with each Indian tribe participating in self-governance in a manner
    consistent with the Federal Government's trust responsibility,
    treaty obligations, and the government-to-government relationship
    between Indian tribes and the United States.
    (b) Contents
      Each compact required under subsection (a) of this section shall
    set forth the general terms of the government-to-government
    relationship between the Indian tribe and the Secretary, including
    such terms as the parties intend shall control year after year.
    Such compacts may only be amended by mutual agreement of the
    parties.
    (c) Existing compacts
      An Indian tribe participating in the Tribal Self-Governance
    Demonstration Project under title III (!1) on August 18, 2000,
    shall have the option at any time after August 18, 2000, to - 

        (1) retain the Tribal Self-Governance Demonstration Project
      compact of that Indian tribe (in whole or in part) to the extent
      that the provisions of that funding agreement are not directly
      contrary to any express provision of this part; or
        (2) instead of retaining a compact or portion thereof under
      paragraph (1), negotiate a new compact in a manner consistent
      with the requirements of this part.
    (d) Term and effective date
      The effective date of a compact shall be the date of the approval
    and execution by the Indian tribe or another date agreed upon by
    the parties, and shall remain in effect for so long as permitted by
    Federal law or until terminated by mutual written agreement,
    retrocession, or reassumption.

-SOURCE-
    (Pub. L. 93-638, title V, Sec. 504, as added Pub. L. 106-260, Sec.
    4, Aug. 18, 2000, 114 Stat. 715.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Title III, referred to in subsec. (c), means title III of Pub. L.
    93-638, as added by Pub. L. 100-472, title II, Sec. 209, Oct. 5,
    1988, 102 Stat. 2296, and amended, which was set out as a note
    under section 450f of this title prior to repeal by Pub. L. 106-
    260, Sec. 10, Aug. 18, 2000, 114 Stat. 734.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    25 USC Sec. 458aaa-4                                        01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part E - Tribal Self-Governance - Indian Health Service

-HEAD-
    Sec. 458aaa-4. Funding agreements

-STATUTE-
    (a) Funding agreement required
      The Secretary shall negotiate and enter into a written funding
    agreement with each Indian tribe participating in self-governance
    in a manner consistent with the Federal Government's trust
    responsibility, treaty obligations, and the government-to-
    government relationship between Indian tribes and the United
    States.
    (b) Contents
      (1) In general
        Each funding agreement required under subsection (a) of this
      section shall, as determined by the Indian tribe, authorize the
      Indian tribe to plan, conduct, consolidate, administer, and
      receive full tribal share funding, including tribal shares of
      discretionary Indian Health Service competitive grants (excluding
      congressionally earmarked competitive grants), for all programs,
      services, functions, and activities (or portions thereof), that
      are carried out for the benefit of Indians because of their
      status as Indians without regard to the agency or office of the
      Indian Health Service within which the program, service,
      function, or activity (or portion thereof) is performed.
      (2) Inclusion of certain programs, services, functions, and
        activities
        Such programs, services, functions, or activities (or portions
      thereof) include all programs, services, functions, activities
      (or portions thereof), including grants (which may be added to a
      funding agreement after an award of such grants), with respect to
      which Indian tribes or Indians are primary or significant
      beneficiaries, administered by the Department of Health and Human
      Services through the Indian Health Service and all local, field,
      service unit, area, regional, and central headquarters or
      national office functions so administered under the authority of -
       
          (A) section 13 of this title;
          (B) the Act of April 16, 1934 (48 Stat. 596; chapter 147; 25
        U.S.C. 452 et seq.);
          (C) the Act of August 5, 1954 (68 Stat. 674; chapter 658) [42
        U.S.C. 2001 et seq.];
          (D) the Indian Health Care Improvement Act (25 U.S.C. 1601 et
        seq.);
          (E) the Indian Alcohol and Substance Abuse Prevention and
        Treatment Act of 1986 (25 U.S.C. 2401 et seq.);
          (F) any other Act of Congress authorizing any agency of the
        Department of Health and Human Services to administer, carry
        out, or provide financial assistance to such a program,
        service, function or activity (or portions thereof) described
        in this section that is carried out for the benefit of Indians
        because of their status as Indians; or
          (G) any other Act of Congress authorizing such a program,
        service, function, or activity (or portions thereof) carried
        out for the benefit of Indians under which appropriations are
        made available to any agency other than an agency within the
        Department of Health and Human Services, in any case in which
        the Secretary administers that program, service, function, or
        activity (or portion thereof).
    (c) Inclusion in compact or funding agreement
      It shall not be a requirement that an Indian tribe or Indians be
    identified in the authorizing statute for a program or element of a
    program to be eligible for inclusion in a compact or funding
    agreement under this part.
    (d) Funding agreement terms
      Each funding agreement under this part shall set forth - 
        (1) terms that generally identify the programs, services,
      functions, and activities (or portions thereof) to be performed
      or administered; and
        (2) for the items identified in paragraph (1) - 
          (A) the general budget category assigned;
          (B) the funds to be provided, including those funds to be
        provided on a recurring basis;
          (C) the time and method of transfer of the funds;
          (D) the responsibilities of the Secretary; and
          (E) any other provision with respect to which the Indian
        tribe and the Secretary agree.
    (e) Subsequent funding agreements
      Absent notification from an Indian tribe that is withdrawing or
    retroceding the operation of one or more programs, services,
    functions, or activities (or portions thereof) identified in a
    funding agreement, or unless otherwise agreed to by the parties,
    each funding agreement shall remain in full force and effect until
    a subsequent funding agreement is executed, and the terms of the
    subsequent funding agreement shall be retroactive to the end of the
    term of the preceding funding agreement.
    (f) Existing funding agreements
      Each Indian tribe participating in the Tribal Self-Governance
    Demonstration Project established under title III (!1) on August
    18, 2000, shall have the option at any time thereafter to - 

        (1) retain the Tribal Self-Governance Demonstration Project
      funding agreement of that Indian tribe (in whole or in part) to
      the extent that the provisions of that funding agreement are not
      directly contrary to any express provision of this part; or
        (2) instead of retaining a funding agreement or portion thereof
      under paragraph (1), negotiate a new funding agreement in a
      manner consistent with the requirements of this part.
    (g) Stable base funding
      At the option of an Indian tribe, a funding agreement may provide
    for a stable base budget specifying the recurring funds (including,
    for purposes of this provision, funds available under section 450j-
    1(a) of this title) to be transferred to such Indian tribe, for
    such period as may be specified in the funding agreement, subject
    to annual adjustment only to reflect changes in congressional
    appropriations by sub-sub activity excluding earmarks.

-SOURCE-
    (Pub. L. 93-638, title V, Sec. 505, as added Pub. L. 106-260, Sec.
    4, Aug. 18, 2000, 114 Stat. 716.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of April 16, 1934, referred to in subsec. (b)(2)(B), is act
    Apr. 16, 1934, ch. 147, 48 Stat. 596, as amended, popularly known
    as the Johnson-O'Malley Act, which is classified generally to
    section 452 et seq. of this title. For complete classification of
    this Act to the Code, see Short Title note set out under section
    452 of this title and Tables.
      Act of August 5, 1954, referred to in subsec. (b)(2)(C), is act
    Aug. 5, 1954, ch. 658, 68 Stat. 674, as amended, which is
    classified generally to subchapter I (Sec. 2001 et seq.) of chapter
    22 of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Tables.
      The Indian Health Care Improvement Act, referred to in subsec.
    (b)(2)(D), is Pub. L. 94-437, Sept. 30, 1976, 90 Stat. 1400, as
    amended, which is classified principally to chapter 18 (Sec. 1601
    et seq.) of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 1601 of this
    title and Tables.
      The Indian Alcohol and Substance Abuse Prevention and Treatment
    Act of 1986, referred to in subsec. (b)(2)(E), is subtitle C of
    title IV of Pub. L. 99-570, Oct. 27, 1986, 100 Stat. 3207-137, as
    amended, which is classified generally to chapter 26 (Sec. 2401 et
    seq.) of this title. For complete classification of subtitle C to
    the Code, see Short Title note set out under section 2401 of this
    title and Tables.
      Title III, referred to in subsec. (f), means title III of Pub. L.
    93-638, as added by Pub. L. 100-472, title II, Sec. 209, Oct. 5,
    1988, 102 Stat. 2296, and amended, which was set out as a note
    under section 450f of this title prior to repeal by Pub. L. 106-
    260, Sec. 10, Aug. 18, 2000, 114 Stat. 734.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    25 USC Sec. 458aaa-5                                        01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part E - Tribal Self-Governance - Indian Health Service

-HEAD-
    Sec. 458aaa-5. General provisions

-STATUTE-
    (a) Applicability
      The provisions of this section shall apply to compacts and
    funding agreements negotiated under this part and an Indian tribe
    may, at its option, include provisions that reflect such
    requirements in a compact or funding agreement.
    (b) Conflicts of interest
      Indian tribes participating in self-governance under this part
    shall ensure that internal measures are in place to address
    conflicts of interest in the administration of self-governance
    programs, services, functions, or activities (or portions thereof).
    (c) Audits
      (1) Single Agency Audit Act
        The provisions of chapter 75 of title 31 requiring a single
      agency audit report shall apply to funding agreements under this
      part.
      (2) Cost principles
        An Indian tribe shall apply cost principles under the
      applicable Office of Management and Budget circular, except as
      modified by section 450j-1 of this title (!1) other provisions of
      law, or by any exemptions to applicable Office of Management and
      Budget circulars subsequently granted by the Office of Management
      and Budget. No other audit or accounting standards shall be
      required by the Secretary. Any claim by the Federal Government
      against the Indian tribe relating to funds received under a
      funding agreement based on any audit under this subsection shall
      be subject to the provisions of section 450j-1(f) of this title.

    (d) Records
      (1) In general
        Unless an Indian tribe specifies otherwise in the compact or
      funding agreement, records of the Indian tribe shall not be
      considered Federal records for purposes of chapter 5 of title 5.
      (2) Recordkeeping system
        The Indian tribe shall maintain a recordkeeping system, and,
      after 30 days advance notice, provide the Secretary with
      reasonable access to such records to enable the Department of
      Health and Human Services to meet its minimum legal recordkeeping
      system requirements under sections 3101 through 3106 of title 44.
    (e) Redesign and consolidation
      An Indian tribe may redesign or consolidate programs, services,
    functions, and activities (or portions thereof) included in a
    funding agreement under section 458aaa-4 of this title and
    reallocate or redirect funds for such programs, services,
    functions, and activities (or portions thereof) in any manner which
    the Indian tribe deems to be in the best interest of the health and
    welfare of the Indian community being served, only if the redesign
    or consolidation does not have the effect of denying eligibility
    for services to population groups otherwise eligible to be served
    under applicable Federal law.
    (f) Retrocession
      An Indian tribe may retrocede, fully or partially, to the
    Secretary programs, services, functions, or activities (or portions
    thereof) included in the compact or funding agreement. Unless the
    Indian tribe rescinds the request for retrocession, such
    retrocession will become effective within the timeframe specified
    by the parties in the compact or funding agreement. In the absence
    of such a specification, such retrocession shall become effective
    on - 
        (1) the earlier of - 
          (A) 1 year after the date of submission of such request; or
          (B) the date on which the funding agreement expires; or

        (2) such date as may be mutually agreed upon by the Secretary
      and the Indian tribe.
    (g) Withdrawal
      (1) Process
        (A) In general
          An Indian tribe may fully or partially withdraw from a
        participating inter-tribal consortium or tribal organization
        its share of any program, function, service, or activity (or
        portions thereof) included in a compact or funding agreement.
        (B) Effective date
          The withdrawal referred to in subparagraph (A) shall become
        effective within the timeframe specified in the resolution
        which authorizes transfer to the participating tribal
        organization or inter-tribal consortium. In the absence of a
        specific timeframe set forth in the resolution, such withdrawal
        shall become effective on - 
            (i) the earlier of - 
              (I) 1 year after the date of submission of such request;
            or
              (II) the date on which the funding agreement expires; or

            (ii) such date as may be mutually agreed upon by the
          Secretary, the withdrawing Indian tribe, and the
          participating tribal organization or inter-tribal consortium
          that has signed the compact or funding agreement on behalf of
          the withdrawing Indian tribe, inter-tribal consortium, or
          tribal organization.
      (2) Distribution of funds
        When an Indian tribe or tribal organization eligible to enter
      into a self-determination contract under part A of this
      subchapter or a compact or funding agreement under this part
      fully or partially withdraws from a participating inter-tribal
      consortium or tribal organization - 
          (A) the withdrawing Indian tribe or tribal organization shall
        be entitled to its tribal share of funds supporting those
        programs, services, functions, or activities (or portions
        thereof) that the Indian tribe will be carrying out under its
        own self-determination contract or compact and funding
        agreement (calculated on the same basis as the funds were
        initially allocated in the funding agreement of the inter-
        tribal consortium or tribal organization); and
          (B) the funds referred to in subparagraph (A) shall be
        transferred from the funding agreement of the inter-tribal
        consortium or tribal organization, on the condition that the
        provisions of sections 450f and 450j(i) of this title, as
        appropriate, shall apply to that withdrawing Indian tribe.
      (3) Regaining mature contract status
        If an Indian tribe elects to operate all or some programs,
      services, functions, or activities (or portions thereof) carried
      out under a compact or funding agreement under this part through
      a self-determination contract under part A of this subchapter, at
      the option of the Indian tribe, the resulting self-determination
      contract shall be a mature self-determination contract.
    (h) Nonduplication
      For the period for which, and to the extent to which, funding is
    provided under this part or under the compact or funding agreement,
    the Indian tribe shall not be entitled to contract with the
    Secretary for such funds under section 450f of this title, except
    that such Indian tribe shall be eligible for new programs on the
    same basis as other Indian tribes.

-SOURCE-
    (Pub. L. 93-638, title V, Sec. 506, as added Pub. L. 106-260, Sec.
    4, Aug. 18, 2000, 114 Stat. 717.)

-FOOTNOTE-
    (!1) So in original.


-End-



-CITE-
    25 USC Sec. 458aaa-6                                        01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part E - Tribal Self-Governance - Indian Health Service

-HEAD-
    Sec. 458aaa-6. Provisions relating to the Secretary

-STATUTE-
    (a) Mandatory provisions
      (1) Health status reports
        Compacts or funding agreements negotiated between the Secretary
      and an Indian tribe shall include a provision that requires the
      Indian tribe to report on health status and service delivery - 
          (A) to the extent such data is not otherwise available to the
        Secretary and specific funds for this purpose are provided by
        the Secretary under the funding agreement; and
          (B) if such reporting shall impose minimal burdens on the
        participating Indian tribe and such requirements are
        promulgated under section 458aaa-16 of this title.
      (2) Reassumption
        (A) In general
          Compacts or funding agreements negotiated between the
        Secretary and an Indian tribe shall include a provision
        authorizing the Secretary to reassume operation of a program,
        service, function, or activity (or portions thereof) and
        associated funding if there is a specific finding relative to
        that program, service, function, or activity (or portion
        thereof) of - 
            (i) imminent endangerment of the public health caused by an
          act or omission of the Indian tribe, and the imminent
          endangerment arises out of a failure to carry out the compact
          or funding agreement; or
            (ii) gross mismanagement with respect to funds transferred
          to a tribe by a compact or funding agreement, as determined
          by the Secretary in consultation with the Inspector General,
          as appropriate.
        (B) Prohibition
          The Secretary shall not reassume operation of a program,
        service, function, or activity (or portions thereof) unless - 
            (i) the Secretary has first provided written notice and a
          hearing on the record to the Indian tribe; and
            (ii) the Indian tribe has not taken corrective action to
          remedy the imminent endangerment to public health or gross
          mismanagement.
        (C) Exception
          (i) In general
            Notwithstanding subparagraph (B), the Secretary may, upon
          written notification to the Indian tribe, immediately
          reassume operation of a program, service, function, or
          activity (or portion thereof) if - 
              (I) the Secretary makes a finding of imminent substantial
            and irreparable endangerment of the public health caused by
            an act or omission of the Indian tribe; and
              (II) the endangerment arises out of a failure to carry
            out the compact or funding agreement.
          (ii) Reassumption
            If the Secretary reassumes operation of a program, service,
          function, or activity (or portion thereof) under this
          subparagraph, the Secretary shall provide the Indian tribe
          with a hearing on the record not later than 10 days after
          such reassumption.
        (D) Hearings
          In any hearing or appeal involving a decision to reassume
        operation of a program, service, function, or activity (or
        portion thereof), the Secretary shall have the burden of proof
        of demonstrating by clear and convincing evidence the validity
        of the grounds for the reassumption.
    (b) Final offer
      In the event the Secretary and a participating Indian tribe are
    unable to agree, in whole or in part, on the terms of a compact or
    funding agreement (including funding levels), the Indian tribe may
    submit a final offer to the Secretary. Not more than 45 days after
    such submission, or within a longer time agreed upon by the Indian
    tribe, the Secretary shall review and make a determination with
    respect to such offer. In the absence of a timely rejection of the
    offer, in whole or in part, made in compliance with subsection (c)
    of this section, the offer shall be deemed agreed to by the
    Secretary.
    (c) Rejection of final offers
      (1) In general
        If the Secretary rejects an offer made under subsection (b) of
      this section (or one or more provisions or funding levels in such
      offer), the Secretary shall provide - 
          (A) a timely written notification to the Indian tribe that
        contains a specific finding that clearly demonstrates, or that
        is supported by a controlling legal authority, that - 
            (i) the amount of funds proposed in the final offer exceeds
          the applicable funding level to which the Indian tribe is
          entitled under this part;
            (ii) the program, function, service, or activity (or
          portion thereof) that is the subject of the final offer is an
          inherent Federal function that cannot legally be delegated to
          an Indian tribe;
            (iii) the Indian tribe cannot carry out the program,
          function, service, or activity (or portion thereof) in a
          manner that would not result in significant danger or risk to
          the public health; or
            (iv) the Indian tribe is not eligible to participate in
          self-governance under section 458aaa-2 of this title;

          (B) technical assistance to overcome the objections stated in
        the notification required by subparagraph (A);
          (C) the Indian tribe with a hearing on the record with the
        right to engage in full discovery relevant to any issue raised
        in the matter and the opportunity for appeal on the objections
        raised, except that the Indian tribe may, in lieu of filing
        such appeal, directly proceed to initiate an action in a
        Federal district court pursuant to section 450m-1(a) of this
        title; and
          (D) the Indian tribe with the option of entering into the
        severable portions of a final proposed compact or funding
        agreement, or provision thereof, (including a lesser funding
        amount, if any), that the Secretary did not reject, subject to
        any additional alterations necessary to conform the compact or
        funding agreement to the severed provisions.
      (2) Effect of exercising certain option
        If an Indian tribe exercises the option specified in paragraph
      (1)(D), that Indian tribe shall retain the right to appeal the
      Secretary's rejection under this section, and subparagraphs (A),
      (B), and (C) of that paragraph shall only apply to that portion
      of the proposed final compact, funding agreement, or provision
      thereof that was rejected by the Secretary.
    (d) Burden of proof
      With respect to any hearing or appeal or civil action conducted
    pursuant to this section, the Secretary shall have the burden of
    demonstrating by clear and convincing evidence the validity of the
    grounds for rejecting the offer (or a provision thereof) made under
    subsection (b) of this section.
    (e) Good faith
      In the negotiation of compacts and funding agreements the
    Secretary shall at all times negotiate in good faith to maximize
    implementation of the self-governance policy. The Secretary shall
    carry out this part in a manner that maximizes the policy of tribal
    self-governance, in a manner consistent with the purposes specified
    in section 3 of the Tribal Self-Governance Amendments of 2000.
    (f) Savings
      To the extent that programs, functions, services, or activities
    (or portions thereof) carried out by Indian tribes under this part
    reduce the administrative or other responsibilities of the
    Secretary with respect to the operation of Indian programs and
    result in savings that have not otherwise been included in the
    amount of tribal shares and other funds determined under section
    458aaa-7(c) of this title, the Secretary shall make such savings
    available to the Indian tribes, inter-tribal consortia, or tribal
    organizations for the provision of additional services to program
    beneficiaries in a manner equitable to directly served, contracted,
    and compacted programs.
    (g) Trust responsibility
      The Secretary is prohibited from waiving, modifying, or
    diminishing in any way the trust responsibility of the United
    States with respect to Indian tribes and individual Indians that
    exists under treaties, Executive orders, other laws, or court
    decisions.
    (h) Decisionmaker
      A decision that constitutes final agency action and relates to an
    appeal within the Department of Health and Human Services conducted
    under subsection (c) of this section shall be made either - 
        (1) by an official of the Department who holds a position at a
      higher organizational level within the Department than the level
      of the departmental agency in which the decision that is the
      subject of the appeal was made; or
        (2) by an administrative judge.

-SOURCE-
    (Pub. L. 93-638, title V, Sec. 507, as added Pub. L. 106-260, Sec.
    4, Aug. 18, 2000, 114 Stat. 719.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3 of the Tribal Self-Governance Amendments of 2000,
    referred to in subsec. (e), is section 3 of Pub. L. 106-260, which
    is set out as a note under section 458aaa of this title.

-End-



-CITE-
    25 USC Sec. 458aaa-7                                        01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part E - Tribal Self-Governance - Indian Health Service

-HEAD-
    Sec. 458aaa-7. Transfer of funds

-STATUTE-
    (a) In general
      Pursuant to the terms of any compact or funding agreement entered
    into under this part, the Secretary shall transfer to the Indian
    tribe all funds provided for in the funding agreement, pursuant to
    subsection (c) of this section, and provide funding for periods
    covered by joint resolution adopted by Congress making continuing
    appropriations, to the extent permitted by such resolutions. In any
    instance where a funding agreement requires an annual transfer of
    funding to be made at the beginning of a fiscal year, or requires
    semiannual or other periodic transfers of funding to be made
    commencing at the beginning of a fiscal year, the first such
    transfer shall be made not later than 10 days after the
    apportionment of such funds by the Office of Management and Budget
    to the Department, unless the funding agreement provides otherwise.
    (b) Multiyear funding
      The Secretary is authorized to employ, upon tribal request,
    multiyear funding agreements. References in this part to funding
    agreements shall include such multiyear funding agreements.
    (c) Amount of funding
      The Secretary shall provide funds under a funding agreement under
    this part in an amount equal to the amount that the Indian tribe
    would have been entitled to receive under self-determination
    contracts under this subchapter, including amounts for direct
    program costs specified under section 450j-1(a)(1) of this title
    and amounts for contract support costs specified under section 450j-
    1(a) (2), (3), (5), and (6) of this title, including any funds
    that are specifically or functionally related to the provision by
    the Secretary of services and benefits to the Indian tribe or its
    members, all without regard to the organizational level within the
    Department where such functions are carried out.
    (d) Prohibitions
      (1) In general
        Except as provided in paragraph (2), the Secretary is expressly
      prohibited from - 
          (A) failing or refusing to transfer to an Indian tribe its
        full share of any central, headquarters, regional, area, or
        service unit office or other funds due under this subchapter,
        except as required by Federal law;
          (B) withholding portions of such funds for transfer over a
        period of years; and
          (C) reducing the amount of funds required under this
        subchapter - 
            (i) to make funding available for self-governance
          monitoring or administration by the Secretary;
            (ii) in subsequent years, except pursuant to - 
              (I) a reduction in appropriations from the previous
            fiscal year for the program or function to be included in a
            compact or funding agreement;
              (II) a congressional directive in legislation or
            accompanying report;
              (III) a tribal authorization;
              (IV) a change in the amount of pass-through funds subject
            to the terms of the funding agreement; or
              (V) completion of a project, activity, or program for
            which such funds were provided;

            (iii) to pay for Federal functions, including Federal pay
          costs, Federal employee retirement benefits, automated data
          processing, technical assistance, and monitoring of
          activities under this subchapter; or
            (iv) to pay for costs of Federal personnel displaced by
          self-determination contracts under this subchapter or self-
          governance;
      (2) Exception
        The funds described in paragraph (1)(C) may be increased by the
      Secretary if necessary to carry out this subchapter or as
      provided in section 450j(c)(2) of this title.
    (e) Other resources
      In the event an Indian tribe elects to carry out a compact or
    funding agreement with the use of Federal personnel, Federal
    supplies (including supplies available from Federal warehouse
    facilities), Federal supply sources (including lodging, airline
    transportation, and other means of transportation including the use
    of interagency motor pool vehicles) or other Federal resources
    (including supplies, services, and resources available to the
    Secretary under any procurement contracts in which the Department
    is eligible to participate), the Secretary shall acquire and
    transfer such personnel, supplies, or resources to the Indian
    tribe.
    (f) Reimbursement to Indian Health Service
      With respect to functions transferred by the Indian Health
    Service to an Indian tribe, the Indian Health Service shall provide
    goods and services to the Indian tribe, on a reimbursable basis,
    including payment in advance with subsequent adjustment. The
    reimbursements received from those goods and services, along with
    the funds received from the Indian tribe pursuant to this part, may
    be credited to the same or subsequent appropriation account which
    provided the funding, such amounts to remain available until
    expended.
    (g) Prompt Payment Act
      Chapter 39 of title 31 shall apply to the transfer of funds due
    under a compact or funding agreement authorized under this part.
    (h) Interest or other income on transfers
      An Indian tribe is entitled to retain interest earned on any
    funds paid under a compact or funding agreement to carry out
    governmental or health purposes and such interest shall not
    diminish the amount of funds the Indian tribe is authorized to
    receive under its funding agreement in the year the interest is
    earned or in any subsequent fiscal year. Funds transferred under
    this part shall be managed using the prudent investment standard.
    (i) Carryover of funds
      All funds paid to an Indian tribe in accordance with a compact or
    funding agreement shall remain available until expended. In the
    event that an Indian tribe elects to carry over funding from 1 year
    to the next, such carryover shall not diminish the amount of funds
    the Indian tribe is authorized to receive under its funding
    agreement in that or any subsequent fiscal year.
    (j) Program income
      All Medicare, Medicaid, or other program income earned by an
    Indian tribe shall be treated as supplemental funding to that
    negotiated in the funding agreement. The Indian tribe may retain
    all such income and expend such funds in the current year or in
    future years except to the extent that the Indian Health Care
    Improvement Act (25 U.S.C. 1601 et seq.) provides otherwise for
    Medicare and Medicaid receipts. Such funds shall not result in any
    offset or reduction in the amount of funds the Indian tribe is
    authorized to receive under its funding agreement in the year the
    program income is received or for any subsequent fiscal year.
    (k) Limitation of costs
      An Indian tribe shall not be obligated to continue performance
    that requires an expenditure of funds in excess of the amount of
    funds transferred under a compact or funding agreement. If at any
    time the Indian tribe has reason to believe that the total amount
    provided for a specific activity in the compact or funding
    agreement is insufficient the Indian tribe shall provide reasonable
    notice of such insufficiency to the Secretary. If the Secretary
    does not increase the amount of funds transferred under the funding
    agreement, the Indian tribe may suspend performance of the activity
    until such time as additional funds are transferred.

-SOURCE-
    (Pub. L. 93-638, title V, Sec. 508, as added Pub. L. 106-260, Sec.
    4, Aug. 18, 2000, 114 Stat. 722.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in subsecs. (c) and (d), was in the
    original "this Act", meaning Pub. L. 93-638, Jan. 4, 1975, 88 Stat.
    2203, as amended, known as the Indian Self-Determination and
    Education Assistance Act, which is classified principally to this
    subchapter (Sec. 450 et seq.). For complete classification of this
    Act to the Code, see Short Title note set out under section 450 of
    this title and Tables.
      The Indian Health Care Improvement Act, referred to in subsec.
    (j), is Pub. L. 94-437, Sept. 30, 1976, 90 Stat. 1400, as amended,
    which is classified principally to chapter 18 (Sec. 1601 et seq.)
    of this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 1601 of this title and
    Tables.

-End-



-CITE-
    25 USC Sec. 458aaa-8                                        01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part E - Tribal Self-Governance - Indian Health Service

-HEAD-
    Sec. 458aaa-8. Construction projects

-STATUTE-
    (a) In general
      Indian tribes participating in tribal self-governance may carry
    out construction projects under this part if they elect to assume
    all Federal responsibilities under the National Environmental
    Policy Act of 1969 (42 U.S.C. 4321 et seq.), the National Historic
    Preservation Act (16 U.S.C. 470 et seq.), and related provisions of
    law that would apply if the Secretary were to undertake a
    construction project, by adopting a resolution - 
        (1) designating a certifying officer to represent the Indian
      tribe and to assume the status of a responsible Federal official
      under such laws; and
        (2) accepting the jurisdiction of the Federal court for the
      purpose of enforcement of the responsibilities of the responsible
      Federal official under such environmental laws.
    (b) Negotiations
      Construction project proposals shall be negotiated pursuant to
    the statutory process in section 450j(m) of this title and
    resulting construction project agreements shall be incorporated
    into funding agreements as addenda.
    (c) Codes and standards
      The Indian tribe and the Secretary shall agree upon and specify
    appropriate building codes and architectural and engineering
    standards (including health and safety) which shall be in
    conformity with nationally recognized standards for comparable
    projects.
    (d) Responsibility for completion
      The Indian tribe shall assume responsibility for the successful
    completion of the construction project in accordance with the
    negotiated construction project agreement.
    (e) Funding
      Funding for construction projects carried out under this part
    shall be included in funding agreements as annual advance payments,
    with semiannual payments at the option of the Indian tribe. Annual
    advance and semiannual payment amounts shall be determined based on
    mutually agreeable project schedules reflecting work to be
    accomplished within the advance payment period, work accomplished
    and funds expended in previous payment periods, and the total prior
    payments. The Secretary shall include associated project
    contingency funds with each advance payment installment. The Indian
    tribe shall be responsible for the management of the contingency
    funds included in funding agreements.
    (f) Approval
      The Secretary shall have at least one opportunity to approve
    project planning and design documents prepared by the Indian tribe
    in advance of construction of the facilities specified in the scope
    of work for each negotiated construction project agreement or
    amendment thereof which results in a significant change in the
    original scope of work. The Indian tribe shall provide the
    Secretary with project progress and financial reports not less than
    semiannually. The Secretary may conduct onsite project oversight
    visits semiannually or on an alternate schedule agreed to by the
    Secretary and the Indian tribe.
    (g) Wages
      All laborers and mechanics employed by contractors and
    subcontractors (excluding tribes and tribal organizations) in the
    construction, alteration, or repair, including painting or
    decorating of a building or other facilities in connection with
    construction projects funded by the United States under this
    subchapter shall be paid wages at not less than those prevailing
    wages on similar construction in the locality as determined by the
    Secretary of Labor in accordance with sections 3141-3144, 3146, and
    3147 of title 40. With respect to construction alteration, or
    repair work to which sections 3141-3144, 3146, and 3147 of title 40
    are applicable under this section, the Secretary of Labor shall
    have the authority and functions set forth in the Reorganization
    Plan numbered 14, of 1950, and section 3145 of title 40.
    (h) Application of other laws
      Unless otherwise agreed to by the Indian tribe, no provision of
    the Office of Federal Procurement Policy Act [41 U.S.C. 401 et
    seq.], the Federal Acquisition Regulations issued pursuant thereto,
    or any other law or regulation pertaining to Federal procurement
    (including Executive orders) shall apply to any construction
    project conducted under this part.

-SOURCE-
    (Pub. L. 93-638, title V, Sec. 509, as added Pub. L. 106-260, Sec.
    4, Aug. 18, 2000, 114 Stat. 724.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Environmental Policy Act of 1969, referred to in
    subsec. (a), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
    amended, which is classified generally to chapter 55 (Sec. 4321 et
    seq.) of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 4321 of Title 42 and Tables.
      The National Historic Preservation Act, referred to in subsec.
    (a), is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended,
    which is classified generally to subchapter II (Sec. 470 et seq.)
    of chapter 1A of Title 16, Conservation. For complete
    classification of this Act to the Code, see section 470(a) of Title
    16 and Tables.
      Reorganization Plan numbered 14, of 1950, referred to in subsec.
    (g), is set out in the Appendix to Title 5, Government Organization
    and Employees.
      The Office of Federal Procurement Policy Act, referred to in
    subsec. (h), is Pub. L. 93-400, Aug. 30, 1974, 88 Stat. 796, as
    amended, which is classified principally to chapter 7 (Sec. 401 et
    seq.) of Title 41, Public Contracts. For complete classification of
    this Act to the Code, see Short Title note set out under section
    401 of Title 41 and Tables.

-COD-
                               CODIFICATION                           
      In subsec. (g), "sections 3141-3144, 3146, and 3147 of title 40"
    substituted for "the Davis-Bacon Act of March 3, 1931 (46 Stat.
    1494)", "sections 3141-3144, 3146, and 3147 of title 40 are"
    substituted for "the Act of March 3, 1931, is", and "section 3145
    of title 40" substituted for "section 2 of the Act of June 13, 1934
    (48 Stat. 948)" on authority of Pub. L. 107-217, Sec. 5(c), Aug.
    21, 2002, 116 Stat. 1303, the first section of which enacted Title
    40, Public Buildings, Property, and Works.

-End-



-CITE-
    25 USC Sec. 458aaa-9                                        01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part E - Tribal Self-Governance - Indian Health Service

-HEAD-
    Sec. 458aaa-9. Federal procurement laws and regulations

-STATUTE-
      Regarding construction programs or projects, the Secretary and
    Indian tribes may negotiate for the inclusion of specific
    provisions of the Office of Federal Procurement and Policy Act (41
    U.S.C. 401 et seq.) and Federal acquisition regulations in any
    funding agreement entered into under this part. Absent a negotiated
    agreement, such provisions and regulatory requirements shall not
    apply.

-SOURCE-
    (Pub. L. 93-638, title V, Sec. 510, as added Pub. L. 106-260, Sec.
    4, Aug. 18, 2000, 114 Stat. 726.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Office of Federal Procurement and Policy Act, referred to in
    text, probably means the Office of Federal Procurement Policy Act,
    Pub. L. 93-400, Aug. 30, 1974, 88 Stat. 796, as amended, which is
    classified principally to chapter 7 (Sec. 401 et seq.) of Title 41,
    Public Contracts. For complete classification of this Act to the
    Code, see Short Title note set out under section 401 of Title 41
    and Tables.

-End-



-CITE-
    25 USC Sec. 458aaa-10                                       01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part E - Tribal Self-Governance - Indian Health Service

-HEAD-
    Sec. 458aaa-10. Civil actions

-STATUTE-
    (a) Contract defined
      For the purposes of section 450m-1 of this title, the term
    "contract" shall include compacts and funding agreements entered
    into under this part.
    (b) Applicability of certain laws
      Section 81 of this title and section 476 of this title, shall not
    apply to attorney and other professional contracts entered into by
    Indian tribes participating in self-governance under this part.
    (c) References
      All references in this subchapter to section 501 of this title
    are hereby deemed to include section 82a of this title.

-SOURCE-
    (Pub. L. 93-638, title V, Sec. 511, as added Pub. L. 106-260, Sec.
    4, Aug. 18, 2000, 114 Stat. 726.)

-End-



-CITE-
    25 USC Sec. 458aaa-11                                       01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part E - Tribal Self-Governance - Indian Health Service

-HEAD-
    Sec. 458aaa-11. Facilitation

-STATUTE-
    (a) Secretarial interpretation
      Except as otherwise provided by law, the Secretary shall
    interpret all Federal laws, Executive orders, and regulations in a
    manner that will facilitate - 
        (1) the inclusion of programs, services, functions, and
      activities (or portions thereof) and funds associated therewith,
      in the agreements entered into under this section;
        (2) the implementation of compacts and funding agreements
      entered into under this part; and
        (3) the achievement of tribal health goals and objectives.
    (b) Regulation waiver
      (1) In general
        An Indian tribe may submit a written request to waive
      application of a regulation promulgated under section 458aaa-16
      of this title or the authorities specified in section 458aaa-4(b)
      of this title for a compact or funding agreement entered into
      with the Indian Health Service under this part, to the Secretary
      identifying the applicable Federal regulation sought to be waived
      and the basis for the request.
      (2) Approval
        Not later than 90 days after receipt by the Secretary of a
      written request by an Indian tribe to waive application of a
      regulation for a compact or funding agreement entered into under
      this part, the Secretary shall either approve or deny the
      requested waiver in writing. A denial may be made only upon a
      specific finding by the Secretary that identified language in the
      regulation may not be waived because such waiver is prohibited by
      Federal law. A failure to approve or deny a waiver request not
      later than 90 days after receipt shall be deemed an approval of
      such request. The Secretary's decision shall be final for the
      Department.
    (c) Access to Federal property
      In connection with any compact or funding agreement executed
    pursuant to this part or an agreement negotiated under the Tribal
    Self-Governance Demonstration Project established under title
    III,(!1) as in effect before August 18, 2000, upon the request of
    an Indian tribe, the Secretary - 

        (1) shall permit an Indian tribe to use existing school
      buildings, hospitals, and other facilities and all equipment
      therein or appertaining thereto and other personal property owned
      by the Government within the Secretary's jurisdiction under such
      terms and conditions as may be agreed upon by the Secretary and
      the Indian tribe for their use and maintenance;
        (2) may donate to an Indian tribe title to any personal or real
      property found to be excess to the needs of any agency of the
      Department, or the General Services Administration, except that -
      
          (A) subject to the provisions of subparagraph (B), title to
        property and equipment furnished by the Federal Government for
        use in the performance of the compact or funding agreement or
        purchased with funds under any compact or funding agreement
        shall, unless otherwise requested by the Indian tribe, vest in
        the appropriate Indian tribe;
          (B) if property described in subparagraph (A) has a value in
        excess of $5,000 at the time of retrocession, withdrawal, or
        reassumption, at the option of the Secretary upon the
        retrocession, withdrawal, or reassumption, title to such
        property and equipment shall revert to the Department of Health
        and Human Services; and
          (C) all property referred to in subparagraph (A) shall remain
        eligible for replacement, maintenance, and improvement on the
        same basis as if title to such property were vested in the
        United States; and

        (3) shall acquire excess or surplus Government personal or real
      property for donation to an Indian tribe if the Secretary
      determines the property is appropriate for use by the Indian
      tribe for any purpose for which a compact or funding agreement is
      authorized under this part.
    (d) Matching or cost-participation requirement
      All funds provided under compacts, funding agreements, or grants
    made pursuant to this subchapter, shall be treated as non-Federal
    funds for purposes of meeting matching or cost participation
    requirements under any other Federal or non-Federal program.
    (e) State facilitation
      States are hereby authorized and encouraged to enact legislation,
    and to enter into agreements with Indian tribes to facilitate and
    supplement the initiatives, programs, and policies authorized by
    this part and other Federal laws benefiting Indians and Indian
    tribes.
    (f) Rules of construction
      Each provision of this part and each provision of a compact or
    funding agreement shall be liberally construed for the benefit of
    the Indian tribe participating in self-governance and any ambiguity
    shall be resolved in favor of the Indian tribe.

-SOURCE-
    (Pub. L. 93-638, title V, Sec. 512, as added Pub. L. 106-260, Sec.
    4, Aug. 18, 2000, 114 Stat. 726.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Title III, referred to in subsec. (c), means title III of Pub. L.
    93-638, as added by Pub. L. 100-472, title II, Sec. 209, Oct. 5,
    1988, 102 Stat. 2296, and amended, which was set out as a note
    under section 450f of this title prior to repeal by Pub. L. 106-
    260, Sec. 10, Aug. 18, 2000, 114 Stat. 734.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    25 USC Sec. 458aaa-12                                       01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part E - Tribal Self-Governance - Indian Health Service

-HEAD-
    Sec. 458aaa-12. Budget request

-STATUTE-
    (a) Requirement of annual budget request
      (1) In general
        The President shall identify in the annual budget request
      submitted to Congress under section 1105 of title 31 all funds
      necessary to fully fund all funding agreements authorized under
      this part, including funds specifically identified to fund tribal
      base budgets. All funds so appropriated shall be apportioned to
      the Indian Health Service. Such funds shall be provided to the
      Office of Tribal Self-Governance which shall be responsible for
      distribution of all funds provided under section 458aaa-4 of this
      title.
      (2) Rule of construction
        Nothing in this subsection shall be construed to authorize the
      Indian Health Service to reduce the amount of funds that a self-
      governance tribe is otherwise entitled to receive under its
      funding agreement or other applicable law, whether or not such
      funds are apportioned to the Office of Tribal Self-Governance
      under this section.
    (b) Present funding; shortfalls
      In such budget request, the President shall identify the level of
    need presently funded and any shortfall in funding (including
    direct program and contract support costs) for each Indian tribe,
    either directly by the Secretary of Health and Human Services,
    under self-determination contracts, or under compacts and funding
    agreements authorized under this part.

-SOURCE-
    (Pub. L. 93-638, title V, Sec. 513, as added Pub. L. 106-260, Sec.
    4, Aug. 18, 2000, 114 Stat. 727.)

-End-



-CITE-
    25 USC Sec. 458aaa-13                                       01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part E - Tribal Self-Governance - Indian Health Service

-HEAD-
    Sec. 458aaa-13. Reports

-STATUTE-
    (a) Annual report
      (1) In general
        Not later than January 1 of each year after August 18, 2000,
      the Secretary shall submit to the Committee on Indian Affairs of
      the Senate and the Committee on Resources of the House of
      Representatives a written report regarding the administration of
      this part.
      (2) Analysis
        The report under paragraph (1) shall include a detailed
      analysis of the level of need being presently funded or unfunded
      for each Indian tribe, either directly by the Secretary, under
      self-determination contracts under part A of this subchapter, or
      under compacts and funding agreements authorized under this
      subchapter. In compiling reports pursuant to this section, the
      Secretary may not impose any reporting requirements on
      participating Indian tribes or tribal organizations, not
      otherwise provided in this subchapter.
    (b) Contents
      The report under subsection (a) of this section shall - 
        (1) be compiled from information contained in funding
      agreements, annual audit reports, and data of the Secretary
      regarding the disposition of Federal funds; and
        (2) identify - 
          (A) the relative costs and benefits of self-governance;
          (B) with particularity, all funds that are specifically or
        functionally related to the provision by the Secretary of
        services and benefits to self-governance Indian tribes and
        their members;
          (C) the funds transferred to each self-governance Indian
        tribe and the corresponding reduction in the Federal
        bureaucracy;
          (D) the funding formula for individual tribal shares of all
        headquarters funds, together with the comments of affected
        Indian tribes or tribal organizations, developed under
        subsection (c) of this section; and
          (E) amounts expended in the preceding fiscal year to carry
        out inherent Federal functions, including an identification of
        those functions by type and location;

        (3) contain a description of the method or methods (or any
      revisions thereof) used to determine the individual tribal share
      of funds controlled by all components of the Indian Health
      Service (including funds assessed by any other Federal agency)
      for inclusion in self-governance compacts or funding agreements;
        (4) before being submitted to Congress, be distributed to the
      Indian tribes for comment (with a comment period of no less than
      30 days, beginning on the date of distribution); and
        (5) include the separate views and comments of the Indian
      tribes or tribal organizations.
    (c) Report on fund distribution method
      Not later than 180 days after August 18, 2000, the Secretary
    shall, after consultation with Indian tribes, submit a written
    report to the Committee on Resources of the House of
    Representatives and the Committee on Indian Affairs of the Senate
    that describes the method or methods used to determine the
    individual tribal share of funds controlled by all components of
    the Indian Health Service (including funds assessed by any other
    Federal agency) for inclusion in self-governance compacts or
    funding agreements.

-SOURCE-
    (Pub. L. 93-638, title V, Sec. 514, as added Pub. L. 106-260, Sec.
    4, Aug. 18, 2000, 114 Stat. 728.)

-End-



-CITE-
    25 USC Sec. 458aaa-14                                       01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part E - Tribal Self-Governance - Indian Health Service

-HEAD-
    Sec. 458aaa-14. Disclaimers

-STATUTE-
    (a) No funding reduction
      Nothing in this part shall be construed to limit or reduce in any
    way the funding for any program, project, or activity serving an
    Indian tribe under this or other applicable Federal law. Any Indian
    tribe that alleges that a compact or funding agreement is in
    violation of this section may apply the provisions of section 450m-
    1 of this title.
    (b) Federal trust and treaty responsibilities
      Nothing in this subchapter shall be construed to diminish in any
    way the trust responsibility of the United States to Indian tribes
    and individual Indians that exists under treaties, Executive
    orders, or other laws and court decisions.
    (c) Obligations of the United States
      The Indian Health Service under this subchapter shall neither
    bill nor charge those Indians who may have the economic means to
    pay for services, nor require any Indian tribe to do so.

-SOURCE-
    (Pub. L. 93-638, title V, Sec. 515, as added Pub. L. 106-260, Sec.
    4, Aug. 18, 2000, 114 Stat. 729.)

-End-



-CITE-
    25 USC Sec. 458aaa-15                                       01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part E - Tribal Self-Governance - Indian Health Service

-HEAD-
    Sec. 458aaa-15. Application of other sections of this subchapter

-STATUTE-
    (a) Mandatory application
      All provisions of sections 450c(b), 450d, 450e, 450f(c) and (d),
    450i, 450j(k) and (l), 450j-1(a) through (k), and 450n of this
    title and section 314 of Public Law 101-512 (coverage under chapter
    171 of title 28, commonly known as the "Federal Tort Claims Act"),
    to the extent not in conflict with this part, shall apply to
    compacts and funding agreements authorized by this part.
    (b) Discretionary application
      At the request of a participating Indian tribe, any other
    provision of part A of this subchapter, to the extent such
    provision is not in conflict with this part, shall be made a part
    of a funding agreement or compact entered into under this part. The
    Secretary is obligated to include such provision at the option of
    the participating Indian tribe or tribes. If such provision is
    incorporated it shall have the same force and effect as if it were
    set out in full in this part. In the event an Indian tribe requests
    such incorporation at the negotiation stage of a compact or funding
    agreement, such incorporation shall be deemed effective immediately
    and shall control the negotiation and resulting compact and funding
    agreement.

-SOURCE-
    (Pub. L. 93-638, title V, Sec. 516, as added Pub. L. 106-260, Sec.
    4, Aug. 18, 2000, 114 Stat. 729.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 314 of Pub. L. 101-512, referred to in subsec. (a), is
    section 314 of Pub. L. 101-512, as amended, which is set out as a
    note under section 450f of this title.

-End-



-CITE-
    25 USC Sec. 458aaa-16                                       01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part E - Tribal Self-Governance - Indian Health Service

-HEAD-
    Sec. 458aaa-16. Regulations

-STATUTE-
    (a) In general
      (1) Promulgation
        Not later than 90 days after August 18, 2000, the Secretary
      shall initiate procedures under subchapter III of chapter 5 of
      title 5 to negotiate and promulgate such regulations as are
      necessary to carry out this part.
      (2) Publication of proposed regulations
        Proposed regulations to implement this part shall be published
      in the Federal Register by the Secretary no later than 1 year
      after August 18, 2000.
      (3) Expiration of authority
        The authority to promulgate regulations under paragraph (1)
      shall expire 21 months after August 18, 2000.
    (b) Committee
      (1) In general
        A negotiated rulemaking committee established pursuant to
      section 565 of title 5 to carry out this section shall have as
      its members only Federal and tribal government representatives, a
      majority of whom shall be nominated by and be representatives of
      Indian tribes with funding agreements under this subchapter.
      (2) Requirements
        The committee shall confer with, and accommodate participation
      by, representatives of Indian tribes, inter-tribal consortia,
      tribal organizations, and individual tribal members.
    (c) Adaptation of procedures
      The Secretary shall adapt the negotiated rulemaking procedures to
    the unique context of self-governance and the government-to-
    government relationship between the United States and Indian
    tribes.
    (d) Effect
      The lack of promulgated regulations shall not limit the effect of
    this part.
    (e) Effect of circulars, policies, manuals, guidances, and rules
      Unless expressly agreed to by the participating Indian tribe in
    the compact or funding agreement, the participating Indian tribe
    shall not be subject to any agency circular, policy, manual,
    guidance, or rule adopted by the Indian Health Service, except for
    the eligibility provisions of section 450j(g) of this title and
    regulations promulgated under this section.

-SOURCE-
    (Pub. L. 93-638, title V, Sec. 517, as added Pub. L. 106-260, Sec.
    4, Aug. 18, 2000, 114 Stat. 730.)

-End-



-CITE-
    25 USC Sec. 458aaa-17                                       01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part E - Tribal Self-Governance - Indian Health Service

-HEAD-
    Sec. 458aaa-17. Appeals

-STATUTE-
      In any appeal (including civil actions) involving decisions made
    by the Secretary under this part, the Secretary shall have the
    burden of proof of demonstrating by clear and convincing evidence -
    
        (1) the validity of the grounds for the decision made; and
        (2) that the decision is fully consistent with provisions and
      policies of this part.

-SOURCE-
    (Pub. L. 93-638, title V, Sec. 518, as added Pub. L. 106-260, Sec.
    4, Aug. 18, 2000, 114 Stat. 730.)

-End-



-CITE-
    25 USC Sec. 458aaa-18                                       01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part E - Tribal Self-Governance - Indian Health Service

-HEAD-
    Sec. 458aaa-18. Authorization of appropriations

-STATUTE-
    (a) In general
      There are authorized to be appropriated such sums as may be
    necessary to carry out this part.
    (b) Availability of appropriations
      Notwithstanding any other provision of this subchapter, the
    provision of funds under this subchapter shall be subject to the
    availability of appropriations and the Secretary is not required to
    reduce funding for programs, projects, or activities serving a
    tribe in order to make funds available to another tribe or tribal
    organization under this subchapter.

-SOURCE-
    (Pub. L. 93-638, title V, Sec. 519, as added Pub. L. 106-260, Sec.
    4, Aug. 18, 2000, 114 Stat. 731.)

-End-


-CITE-
    25 USC Part F - National Fund for Excellence in American
                     Indian Education                      01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part F - National Fund for Excellence in American Indian Education

-HEAD-
    PART F - NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN EDUCATION

-COD-
                               CODIFICATION                           
      This part is comprised of title V of Pub. L. 93-638, as added by
    Pub. L. 106-568, title XIII, Sec. 1302, Dec. 27, 2000, 114 Stat.
    2936, as amended. Another title V of Pub. L. 93-638 was added by
    Pub. L. 106-260, Sec. 4, Aug. 18, 2000, 114 Stat. 712, and is
    classified to part E (Sec. 458aaa et seq.) of this subchapter.

-End-



-CITE-
    25 USC Sec. 458bbb                                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part F - National Fund for Excellence in American Indian Education

-HEAD-
    Sec. 458bbb. National Fund for Excellence in American Indian
      Education

-STATUTE-
    (a) In general
      As soon as practicable after December 27, 2000, the Secretary of
    the Interior shall establish, under the laws of the District of
    Columbia and in accordance with this part, a foundation to be known
    as the "National Fund for Excellence in American Indian Education"
    (hereinafter referred to as the "Foundation").
    (b) Perpetual existence
      Except as otherwise provided, the Foundation shall have perpetual
    existence.
    (c) Nature of corporation
      The Foundation shall be a charitable and nonprofit federally
    chartered corporation and shall not be an agency or instrumentality
    of the United States.
    (d) Place of incorporation and domicile
      The Foundation shall be incorporated and domiciled in the
    District of Columbia.
    (e) Purposes
      The purposes of the Foundation shall be - 
        (1) to encourage, accept, and administer private gifts of real
      and personal property or any income therefrom or other interest
      therein for the benefit of, or in support of, the mission of the
      Office of Indian Education Programs of the Bureau of Indian
      Affairs (or its successor office);
        (2) to undertake and conduct such other activities as will
      further the educational opportunities of American Indians who
      attend a Bureau funded school; and
        (3) to participate with, and otherwise assist, Federal, State,
      and tribal governments, agencies, entities, and individuals in
      undertaking and conducting activities that will further the
      educational opportunities of American Indians attending Bureau
      funded schools.
    (f) Board of Directors
      (1) In general
        The Board of Directors shall be the governing body of the
      Foundation. The Board may exercise, or provide for the exercise
      of, the powers of the Foundation.
      (2) Selection
        The number of members of the Board, the manner of their
      selection (including the filling of vacancies), and their terms
      of office shall be as provided in the constitution and bylaws of
      the Foundation. However, the Board shall have at least 11
      members, two of whom shall be the Secretary and the Assistant
      Secretary of the Interior for Indian Affairs, who shall serve as
      ex officio nonvoting members, and the initial voting members of
      the Board shall be appointed by the Secretary not later than 6
      months after the date that the Foundation is established and
      shall have staggered terms (as determined by the Secretary).
      (3) Qualification
        The members of the Board shall be United States citizens who
      are knowledgeable or experienced in American Indian education and
      shall, to the extent practicable, represent diverse points of
      view relating to the education of American Indians.
      (4) Compensation
        Members of the Board shall not receive compensation for their
      services as members, but shall be reimbursed for actual and
      necessary travel and subsistence expenses incurred by them in the
      performance of the duties of the Foundation.
    (g) Officers
      (1) In general
        The officers of the Foundation shall be a secretary, elected
      from among the members of the Board, and any other officers
      provided for in the constitution and bylaws of the Foundation.
      (2) Secretary of Foundation
        The secretary shall serve, at the direction of the Board, as
      its chief operating officer and shall be knowledgeable and
      experienced in matters relating to education in general and
      education of American Indians in particular.
      (3) Election
        The manner of election, term of office, and duties of the
      officers shall be as provided in the constitution and bylaws of
      the Foundation.
    (h) Powers
      The Foundation - 
        (1) shall adopt a constitution and bylaws for the management of
      its property and the regulation of its affairs, which may be
      amended;
        (2) may adopt and alter a corporate seal;
        (3) may make contracts, subject to the limitations of this
      subchapter;
        (4) may acquire (through a gift or otherwise), own, lease,
      encumber, and transfer real or personal property as necessary or
      convenient to carry out the purposes of the Foundation;
        (5) may sue and be sued; and
        (6) may perform any other act necessary and proper to carry out
      the purposes of the Foundation.
    (i) Principal office
      The principal office of the Foundation shall be in the District
    of Columbia. However, the activities of the Foundation may be
    conducted, and offices may be maintained, throughout the United
    States in accordance with the constitution and bylaws of the
    Foundation.
    (j) Service of process
      The Foundation shall comply with the law on service of process of
    each State in which it is incorporated and of each State in which
    the Foundation carries on activities.
    (k) Liability of officers and agents
      The Foundation shall be liable for the acts of its officers and
    agents acting within the scope of their authority. Members of the
    Board are personally liable only for gross negligence in the
    performance of their duties.
    (l) Restrictions
      (1) Limitation on spending
        Beginning with the fiscal year following the first full fiscal
      year during which the Foundation is in operation, the
      administrative costs of the Foundation may not exceed 10 percent
      of the sum of - 
          (A) the amounts transferred to the Foundation under
        subsection (m) of this section during the preceding fiscal
        year; and
          (B) donations received from private sources during the
        preceding fiscal year.
      (2) Appointment and hiring
        The appointment of officers and employees of the Foundation
      shall be subject to the availability of funds.
      (3) Status
        Members of the Board, and the officers, employees, and agents
      of the Foundation are not, by reason of their association with
      the Foundation, officers, employees, or agents of the United
      States.
    (m) Transfer of donated funds
      The Secretary may transfer to the Foundation funds held by the
    Department of the Interior under section 451 of this title, if the
    transfer or use of such funds is not prohibited by any term under
    which the funds were donated.
    (n) Audits
      The Foundation shall comply with the audit requirements set forth
    in section 10101 of title 36, as if it were a corporation in part B
    of subtitle II of that title.

-SOURCE-
    (Pub. L. 93-638, title V, Sec. 501, as added Pub. L. 106-568, title
    XIII, Sec. 1302, Dec. 27, 2000, 114 Stat. 2936; amended Pub. L. 108-
    267, Sec. 1(a),(b)(2), July 2, 2004, 118 Stat. 797.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in subsec. (h)(3), was in the
    original "this Act", meaning Pub. L. 93-638, Jan. 4, 1975, 88 Stat.
    2203, as amended, known as the Indian Self-Determination and
    Education Assistance Act, which is classified principally to this
    subchapter (Sec. 450 et seq.). For complete classification of this
    Act to the Code, see Short Title note set out under section 450 of
    this title and Tables.

-COD-
                               CODIFICATION                           
      Another section 501 of Pub. L. 93-638, as added by Pub. L. 106-
    260, Sec. 4, Aug. 18, 2000, 114 Stat. 712, is classified to
    section 458aaa of this title.


-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-267, Sec. 1(b)(2), substituted "National Fund
    for Excellence in American Indian Education" for "American Indian
    Education Foundation" in section catchline.
      Subsec. (a). Pub. L. 108-267, Sec. 1(a), substituted "a
    foundation to be known as the 'National Fund for Excellence in
    American Indian Education' (hereinafter referred to as the
    'Foundation')" for "the American Indian Education Foundation".

-End-



-CITE-
    25 USC Sec. 458bbb-1                                        01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part F - National Fund for Excellence in American Indian Education

-HEAD-
    Sec. 458bbb-1. Administrative services and support

-STATUTE-
    (a) Provision of support by Secretary
      Subject to subsection (b) of this section, during the 5-year
    period beginning on the date that the Foundation is established,
    the Secretary - 
        (1) may provide personnel, facilities, and other administrative
      support services to the Foundation;
        (2) may provide funds to reimburse the travel expenses of the
      members of the Board under section 458bbb of this title; and
        (3) shall require and accept reimbursements from the Foundation
      for any - 
          (A) services provided under paragraph (1); and
          (B) funds provided under paragraph (2).
    (b) Reimbursement
      Reimbursements accepted under subsection (a)(3) of this section
    shall be deposited in the Treasury to the credit of the
    appropriations then current and chargeable for the cost of
    providing services described in subsection (a)(1) of this section
    and the travel expenses described in subsection (a)(2) of this
    section.
    (c) Continuation of certain services
      Notwithstanding any other provision of this section, the
    Secretary may continue to provide facilities and necessary support
    services to the Foundation after the termination of the 5-year
    period specified in subsection (a) of this section, on a space
    available, reimbursable cost basis.

-SOURCE-
    (Pub. L. 93-638, title V, Sec. 502, as added Pub. L. 106-568, title
    XIII, Sec. 1302, Dec. 27, 2000, 114 Stat. 2938.)

-COD-
                               CODIFICATION                           
      Another section 502 of Pub. L. 93-638, as added by Pub. L. 106-
    260, Sec. 4, Aug. 18, 2000, 114 Stat. 714, is classified to
    section 458aaa-1 of this title.

-End-



-CITE-
    25 USC Sec. 458bbb-2                                        01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
    Part F - National Fund for Excellence in American Indian Education

-HEAD-
    Sec. 458bbb-2. Definitions

-STATUTE-
      For the purposes of this part - 
        (1) the term "Bureau funded school" has the meaning given that
      term in title XI of the Education Amendments of 1978 [25 U.S.C.
      2000 et seq.];
        (2) the term "Foundation" means the Foundation established by
      the Secretary pursuant to section 458bbb of this title; and
        (3) the term "Secretary" means the Secretary of the Interior.

-SOURCE-
    (Pub. L. 93-638, title V, Sec. 503, as added Pub. L. 106-568, title
    XIII, Sec. 1302, Dec. 27, 2000, 114 Stat. 2938.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Education Amendments of 1978, referred to in par. (1), is
    Pub. L. 95-561, Nov. 1, 1978, 92 Stat. 2143, as amended. Title XI
    of the Act is classified principally to chapter 22 (Sec. 2000 et
    seq.) of this title. For complete classification of this Act to the
    Code, see Short Title note set out under section 6301 of Title 20,
    Education, and Tables.

-COD-
                               CODIFICATION                           
      Another section 503 of Pub. L. 93-638, as added by Pub. L. 106-
    260, Sec. 4, Aug. 18, 2000, 114 Stat. 714, is classified to
    section 458aaa-2 of this title.

-End-


-CITE-
    25 USC [SUBCHAPTER III - RESERVED]                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    [SUBCHAPTER III - RESERVED]

-HEAD-
                        [SUBCHAPTER III - RESERVED]                    

-End-


-CITE-
    25 USC SUBCHAPTER IV - CONVEYANCE OF SUBMARGINAL LAND       01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER IV - CONVEYANCE OF SUBMARGINAL LAND

-HEAD-
              SUBCHAPTER IV - CONVEYANCE OF SUBMARGINAL LAND          

-End-



-CITE-
    25 USC Sec. 459                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER IV - CONVEYANCE OF SUBMARGINAL LAND

-HEAD-
    Sec. 459. Submarginal lands of United States held in trust for
      specified Indian tribes

-STATUTE-
    (a) Declaration; addition to reservations
      Except as hereinafter provided, all of the right, title, and
    interest of the United States of America in all of the land, and
    the improvements now thereon, that was acquired under title II of
    the National Industrial Recovery Act of June 16, 1933 (48 Stat.
    200), the Emergency Relief Appropriation Act of April 8, 1935 (49
    Stat. 115), and section 55 of the Act of August 24, 1935 (49 Stat.
    750, 781), and that are now administered by the Secretary of the
    Interior for the use or benefit of the Indian tribes identified in
    section 459a(a) of this title, together with all minerals
    underlying any such land whether acquired pursuant to such Acts or
    otherwise owned by the United States, are hereby declared to be
    held by the United States in trust for each of said tribes, and
    (except in the case of the Cherokee Nation) shall be a part of the
    reservations heretofore established for each of said tribes.
    (b) Imposition of conditions on conveyed lands; lands excepted from
      conveying authority
      The property conveyed by this subchapter shall be subject to the
    appropriation or disposition of any of the lands, or interests
    therein, within the Pine Ridge Indian Reservation, South Dakota, as
    authorized by sections 441j to 441o of title 16, and subject to a
    reservation in the United States of a right to prohibit or restrict
    improvements or structures on, and to continuously or
    intermittently inundate or otherwise use, lands in sections 25 and
    26, township 48 north, range 3 west, at Odanah, Wisconsin, in
    connection with the Bad River flood control project as authorized
    by section 203 of the Act of July 3, 1958 (72 Stat. 297, 311):
    Provided, That this subchapter shall not convey the title to any
    part of the lands or any interest therein that prior to October 17,
    1975, have been included in the authorized water resources
    development projects in the Missouri River Basin as authorized by
    section 203 of the Act of July 3, 1958 (72 Stat. 297, 311), as
    amended and supplemented: Provided further, That such lands
    included in Missouri River Basin projects shall be treated as
    former trust lands are treated.
    (c) Additional lands held in trust for specified Indian tribes
      The right, title, and interest of the United States of America in
    all of the lands, including the improvements now thereon (title to
    which is in the United States), acquired under title II of the
    National Industrial Recovery Act of June 16, 1933 (48 Stat. 200),
    and any subsequent Emergency Relief Appropriation Acts, including
    but not limited to section 5 of the Emergency Relief Appropriation
    Act of 1939 (53 Stat. 927, 930) and section 4 of the Emergency
    Relief Appropriation Act, fiscal year 1941 (54 Stat. 611, 617),
    together with all minerals underlying any such land whether
    acquired pursuant to such Acts or otherwise owned by the United
    States, and which lands are now administered by the Secretary of
    the Interior for the use or benefit of (1) Ramah Navajo Indians,
    are hereby declared to be held in trust for the Ramah Band of the
    Navajo Tribe, and (2) Choctaw Indians of Mississippi, except lands
    subject to the Act of June 21, 1939 (53 Stat. 851), are hereby
    declared to be held in trust for the Mississippi Band of Choctaw
    Indians; excepting valid rights-of-way of record.

-SOURCE-
    (Pub. L. 94-114, Sec. 1, Oct. 17, 1975, 89 Stat. 577; Pub. L. 97-
    434, Sec. 1(a), Jan. 8, 1983, 96 Stat. 2280.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Industrial Recovery Act, referred to in subsecs. (a)
    and (c), is act June 16, 1933, ch. 90, 48 Stat. 195, as amended.
    Title II of the Act was classified principally to subchapter I
    (Sec. 401 et seq.) of chapter 8 of former Title 40, Public
    Buildings, Property, and Works, and was terminated June 30, 1943 by
    act June 27, 1942, ch. 450, Sec. 1, 56 Stat. 410. Provisions of
    title II of the Act which were classified to former Title 40 were
    repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat.
    1304. For complete classification of this Act to the Code, see
    Tables.
      Emergency Relief Appropriation Act of April 8, 1935, referred to
    in subsec. (a), is act Apr. 8, 1935, ch. 48, 49 Stat. 115, which
    was not classified to the Code but was listed in the Supplementary
    Legislation note under section 721 of Title 15, Commerce and Trade.
      Section 55 of the Act of August 24, 1935, referred to in subsec.
    (a), is act Aug. 24, 1935, ch. 641, Sec. 55, 49 Stat. 781, as
    amended, which was not classified to the Code but was listed in the
    Supplementary Legislation note under section 721 of Title 15.
      Section 203 of the Act of July 3, 1958, referred to in subsec.
    (b), is section 203 of Pub. L. 85-500, July 3, 1958, 72 Stat. 311,
    which was not classified to the Code.
      Section 5 of the Emergency Relief Appropriation Act of 1939,
    referred to in subsec. (c), is act June 30, 1939, ch. 252, Sec. 5,
    53 Stat. 930, which was not classified to the Code.
      Section 4 of the Emergency Relief Appropriation Act, fiscal year
    1941, referred to in subsec. (c), is act June 26, 1940, ch. 432,
    Sec. 4, 54 Stat. 617, which was not classified to the Code.
      Act of June 21, 1939, referred to in subsec. (c), is act June 21,
    1939, ch. 235, 53 Stat. 851, which was not classified to the Code.


-MISC1-
                                AMENDMENTS                            
      1983 - Subsec. (c). Pub. L. 97-434 added subsec. (c).

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Section 1(c) of Pub. L. 97-434 provided that: "The amendments
    made by this Act [amending this section and section 459a of this
    title] shall be effective upon enactment of this Act [Jan. 8,
    1983]."

-End-



-CITE-
    25 USC Sec. 459a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER IV - CONVEYANCE OF SUBMARGINAL LAND

-HEAD-
    Sec. 459a. Designation of tribes

-STATUTE-
    (a) Description of lands
      The lands, declared by section 459(a) of this title to be held in
    trust by the United States for the benefit of the Indian tribes
    named in this section, are generally described as follows:


             Reservation             Submarginal land project       Approximate
                                  donated to said tribe or group      acreage
    --------------------------------------------------------------------
      Bad River                  Bad River LI-WI-8                    13,148.81
      Blackfeet                  Blackfeet LI-MT-9                     9,036.73
                                 Delaware LI-OK-4                     18,749.19
                                   Adair LI-OK-5                            
      Cheyenne River             Cheyenne Indian LI-SD-13              3,738.47
      Crow Creek                 Crow Creek LI-SD-10                  19,169.89
      Lower Brule                Lower Brule LI-SD-10                 13,209.22
      Fort Totten                Fort Totten LI-ND-11                  1,424.45
      Fort Belknap               Fort Belknap LI-MT-8                 25,530.10
      Fort Peck                  Fort Peck LI-MT-6                    85,835.52
      Lac Courte Oreilles        Lac Courte LI-WI-9                   13,184.65
      L'Anse                     L'Anse LI-MI-8                        4,016.49
      White Earth                Twin Lakes LI-MN-6                   28,544.80
                                   Flat Lake LI-MN-15                       
      Navajo                     Gallup-Two Wells LI-NM-18            69,947.24
      Pine Ridge                 Pine Ridge LI-SD-7                   18,064.48
      Rosebud                    Cutmeat LI-SD-8                      28,734.59
                                   Antelope LI-SD-9                         
      Fort Hall                  Fort Hall LI-ID-2                     8,711.00
      Standing Rock              Standing Rock LI-ND-10               10,255.50
                                   Standing Rock LI-SD-10                   
    --------------------------------------------------------------------

    (b) Publication in Federal Register of boundaries, etc.; estimation
      of acreages
      The Secretary of the Interior shall cause to be published in the
    Federal Register the boundaries and descriptions of the lands
    conveyed by this subchapter. The acreages set out in the preceding
    subsection are estimates and shall not be construed as expanding or
    limiting the grant of the United States as defined in section 459
    of this title.

-SOURCE-
    (Pub. L. 94-114, Sec. 2, Oct. 17, 1975, 89 Stat. 578; Pub. L. 97-
    434, Sec. 1(b), Jan. 8, 1983, 96 Stat. 2280.)


-MISC1-
                                AMENDMENTS                            
      1983 - Subsec. (a). Pub. L. 97-434 substituted "section 459(a) of
    this title" for "section 459 of this title".

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Amendment by Pub. L. 97-434 effective Jan. 8, 1983, see section
    1(c) of Pub. L. 97-434, set out as a note under section 459 of this
    title.

-End-



-CITE-
    25 USC Sec. 459b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER IV - CONVEYANCE OF SUBMARGINAL LAND

-HEAD-
    Sec. 459b. Submarginal lands of United States held in trust for
      Stockbridge Munsee Indian Community

-STATUTE-
      All of the right, title, and interest of the United States in all
    the minerals including gas and oil underlying the submarginal lands
    declared to be held in trust for the Stockbridge Munsee Indian
    Community by the Act of October 9, 1972 (86 Stat. 795), are hereby
    declared to be held by the United States in trust for the
    Stockbridge Munsee Indian Community.

-SOURCE-
    (Pub. L. 94-114, Sec. 3(a), Oct. 17, 1975, 89 Stat. 578.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of October 9, 1972, referred to in text, is Pub. L. 92-480,
    Oct. 9, 1972, 86 Stat. 795, which was not classified to the Code.

-COD-
                               CODIFICATION                           
      Section is comprised of section 3(a) of Pub. L. 94-114. Section
    3(b) of Pub. L. 94-114 repealed section 2 of Pub. L. 92-480, which
    related to claims offset involving the Stockbridge Munsee Indian
    Community and was not classified to the Code. Section 3(c) of Pub.
    L. 94-114 amended section 5 of Pub. L. 92-488, which related to
    claims offset involving the Burns Indian Colony and was not
    classified to the Code.

-End-



-CITE-
    25 USC Sec. 459c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER IV - CONVEYANCE OF SUBMARGINAL LAND

-HEAD-
    Sec. 459c. Existing rights of possession, contract, interest, etc.

-STATUTE-
    (a) Preservation; force and effect of mineral leases; rejection of
      pending applications for leases and return of advance rental
      payments
      Nothing in this subchapter shall deprive any person of any
    existing valid right of possession, contract right, interest, or
    title he may have in the land involved, or of any existing right of
    access to public domain lands over and across the land involved, as
    determined by the Secretary of the Interior. All existing mineral
    leases, including oil and gas leases, which may have been issued or
    approved pursuant to section 5 of the Mineral Leasing Act for
    Acquired Lands of August 7, 1947 (61 Stat. 913, 915) [30 U.S.C.
    354], or the Mineral Leasing Act of 1920 (41 Stat. 437) [30 U.S.C.
    181 et seq.], as amended prior to October 17, 1975, shall remain in
    force and effect in accordance with the provisions thereof. All
    applications for mineral leases, including oil and gas leases,
    pursuant to such Acts, pending on October 17, 1975, and covering
    any of the minerals conveyed by sections 459 and 459b of this title
    shall be rejected and the advance rental payments returned to the
    applicants.
    (b) Administration of lands
      Subject to the provisions of subsection (a) of this section, the
    property conveyed by this subchapter shall hereafter be
    administered in accordance with the laws and regulations applicable
    to property held in trust by the United States for Indian tribes,
    including but not limited to sections 396a to 396g of this title.

-SOURCE-
    (Pub. L. 94-114, Sec. 4, Oct. 17, 1975, 89 Stat. 578.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Mineral Leasing Act of 1920, referred to in subsec. (a), is
    act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as the
    Mineral Leasing Act, which is classified generally to chapter 3A
    (Sec. 181 et seq.) of Title 30, Mineral Lands and Mining. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 181 of Title 30 and Tables.

-End-



-CITE-
    25 USC Sec. 459d                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER IV - CONVEYANCE OF SUBMARGINAL LAND

-HEAD-
    Sec. 459d. Gross receipts from conveyed lands

-STATUTE-
    (a) Deposit to credit of tribe; nonapplicability
      Any and all gross receipts derived from, or which relate to, the
    property conveyed by this subchapter, the Act of July 20, 1956 (70
    Stat. 581), the Act of August 2, 1956 (70 Stat. 941), the Act of
    October 9, 1972 (86 Stat. 795), and section 1 of the Act of October
    13, 1972 (86 Stat. 806) which were received by the United States
    subsequent to its acquisition by the United States under the
    statutes cited in section 459 of this title and prior to such
    conveyance, from whatever source and for whatever purpose,
    including but not limited to the receipts in the special fund of
    the Treasury as required by section 6 of the Mineral Leasing Act
    for Acquired Lands of August 7, 1947 (61 Stat. 913, 915) [30 U.S.C.
    355], shall as of October 17, 1975, be deposited to the credit of
    the Indian tribe receiving such land and may be expended by the
    tribe for such beneficial programs as the tribal governing body may
    determine: Provided, That this section shall not apply to any such
    receipts received prior to October 17, 1975, from the leasing of
    public domain minerals which were subject to the Mineral Leasing
    Act of 1920 (41 Stat. 437) [30 U.S.C. 181 et seq.], as amended and
    supplemented.
    (b) Administration of gross receipts
      All gross receipts (including but not limited to bonuses, rents,
    and royalties) hereafter derived by the United States from any
    contract, permit or lease referred to in section 459c(a) of this
    title, or otherwise, shall be administered in accordance with the
    laws and regulations applicable to receipts from property held in
    trust by the United States for Indian tribes.

-SOURCE-
    (Pub. L. 94-114, Sec. 5, Oct. 17, 1975, 89 Stat. 579.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of July 20, 1956, referred to in subsec. (a), is act July 20,
    1956, ch. 645, 70 Stat. 581, as amended, which is set out as a note
    under section 465 of this title. For complete classification of
    this Act to the Code, see Tables.
      Act of August 2, 1956, referred to in subsec. (a), is act Aug. 2,
    1956, ch. 886, 70 Stat. 941, which was not classified to the Code.
      Act of October 9, 1972, referred to in subsec. (a), is Pub. L. 92-
    480, Oct. 9, 1972, 86 Stat. 795, which was not classified to the
    Code.
      Section 1 of the Act of October 13, 1972, referred to in subsec.
    (a), is section 1 of Pub. L. 92-488, Oct. 13, 1972, 86 Stat. 806,
    which was not classified to the Code.
      For statutes cited in section 459 of this title, referred to in
    subsec. (a), see text of such section and References in Text note
    set out thereunder.
      The Mineral Leasing Act of 1920, referred to in subsec. (a), is
    act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as the
    Mineral Leasing Act, which is classified generally to chapter 3A
    (Sec. 181 et seq.) of Title 30, Mineral Lands and Mining. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 181 of Title 30 and Tables.

-End-



-CITE-
    25 USC Sec. 459e                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER IV - CONVEYANCE OF SUBMARGINAL LAND

-HEAD-
    Sec. 459e. Tax exemption for conveyed lands and gross receipts;
      distribution of gross receipts to tribal members

-STATUTE-
      All property conveyed to tribes pursuant to this subchapter and
    all the receipts therefrom referred to in section 459d of this
    title, shall be exempt from Federal, State, and local taxation so
    long as such property is held in trust by the United States. Any
    distribution of such receipts to tribal members shall neither be
    considered as income or resources of such members for purposes of
    any such taxation nor as income, resources, or otherwise utilized
    as the basis for denying or reducing the financial assistance or
    other benefits to which such member or his household would
    otherwise be entitled to under the Social Security Act [42 U.S.C.
    301 et seq.] or any other Federal or federally assisted program.

-SOURCE-
    (Pub. L. 94-114, Sec. 6, Oct. 17, 1975, 89 Stat. 579.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in text, is act Aug. 14,
    1935, ch. 531, 49 Stat. 620, as amended, which is classified
    generally to chapter 7 (Sec. 301 et seq.) of Title 42, The Public
    Health and Welfare. For complete classification of this Act to the
    Code, see section 1305 of Title 42 and Tables.

-End-


-CITE-
    25 USC SUBCHAPTER V - PROTECTION OF INDIANS AND
           CONSERVATION OF RESOURCES                       01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-End-



-CITE-
    25 USC Sec. 461                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 461. Allotment of land on Indian reservations

-STATUTE-
      On and after June 18, 1934, no land of any Indian reservation,
    created or set apart by treaty or agreement with the Indians, Act
    of Congress, Executive order, purchase, or otherwise, shall be
    allotted in severalty to any Indian.

-SOURCE-
    (June 18, 1934, ch. 576, Sec. 1, 48 Stat. 984.)


-MISC1-
                       SHORT TITLE OF 2004 AMENDMENT                   
      Pub. L. 108-204, Sec. 1(a), Mar. 2, 2004, 118 Stat. 542, provided
    that: "This Act [amending sections 476, 640d-24, and 712e of this
    title and provisions set out as notes under section 301 of Title 7,
    Agriculture, section 7420 of Title 10, Armed Forces, and section
    431 of Title 16, Conservation] may be cited as the 'Native American
    Technical Corrections Act of 2004'."

                                SHORT TITLE                            
      Act June 18, 1934, which enacted this section and sections 462,
    463, 464, 465, 466 to 470, 471, 472, 473, 474, 475, 476 to 478, and
    479 of this title, is popularly known as the "Indian Reorganization
    Act".

-End-



-CITE-
    25 USC Sec. 462                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 462. Existing periods of trust and restrictions on alienation
      extended

-STATUTE-
      The existing periods of trust placed upon any Indian lands and
    any restriction on alienation thereof are extended and continued
    until otherwise directed by Congress.

-SOURCE-
    (June 18, 1934, ch. 576, Sec. 2, 48 Stat. 984.)

-End-



-CITE-
    25 USC Sec. 462a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 462a. Omitted

-COD-
                               CODIFICATION                           
      Section, act Apr. 11, 1940, ch. 80, 54 Stat. 106, related to
    reimposition and extension of trust period on lands of Crow
    Reservation.

-End-



-CITE-
    25 USC Sec. 463                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 463. Restoration of lands to tribal ownership

-STATUTE-
    (a) Protection of existing rights
      The Secretary of the Interior, if he shall find it to be in the
    public interest, is authorized to restore to tribal ownership the
    remaining surplus lands of any Indian reservation heretofore
    opened, or authorized to be opened, to sale, or any other form of
    disposal by Presidential proclamation, or by any of the public-land
    laws of the United States: Provided, however, That valid rights or
    claims of any persons to any lands so withdrawn existing on the
    date of the withdrawal shall not be affected by this Act: Provided
    further, That this section shall not apply to lands within any
    reclamation project heretofore authorized in any Indian
    reservation.
    (b) Papago Indians; permits for easements, etc.
      (1), (2) Repealed. May 27, 1955, ch. 106, Sec. 1, 69 Stat. 67.
      (3) Water reservoirs, charcos, water holes, springs, wells, or
    any other form of water development by the United States or the
    Papago Indians shall not be used for mining purposes under the
    terms of this Act, except under permit from the Secretary of the
    Interior approved by the Papago Indian Council: Provided, That
    nothing herein shall be construed as interfering with or affecting
    the validity of the water rights of the Indians of this
    reservation: Provided further, That the appropriation of living
    water heretofore or hereafter affected, by the Papago Indians is
    recognized and validated subject to all the laws applicable
    thereto.
      (4) Nothing herein contained shall restrict the granting or use
    of permits for easements or rights-of-way; or ingress or egress
    over the lands for all proper and lawful purposes.

-SOURCE-
    (June 18, 1934, ch. 576, Sec. 3, 48 Stat. 984; Aug. 28, 1937, ch.
    866, 50 Stat. 862; May 27, 1955, ch. 106, Sec. 1, 69 Stat. 67.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      "Heretofore", referred to in subsec. (a), means before June 18,
    1934.
      The public-land laws of the United States, referred to in subsec.
    (a), are classified generally to Title 43, Public Lands.
      This Act, referred to in subsecs. (a) and (b)(3), is act June 18,
    1934, which is classified generally to this subchapter. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 461 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1955 - Subsec. (b)(1). Act May 27, 1955, repealed par. (1) which
    restored lands of Papago Indian Reservation to exploration and
    location.
      Subsec. (b)(2). Act May 27, 1955, repealed par. (2) which
    required person desiring a mineral patent to pay $1 per acre in
    lieu of annual rental.
      Subsec. (b)(4). Act May 27, 1955, struck out provisions relating
    to authority to issue or promulgate rules or regulations in
    conflict with Executive Order of Feb. 1, 1917 or act of Feb. 21,
    1931 (46 Stat. 1202).
      1937 - Subsec. (a). Act Aug. 28, 1937, designated existing
    provisions of first par. as subsec. (a).
      Subsec. (b)(1). Act Aug. 28, 1937, designated existing provisions
    of first par. as par. (1), substituted "damages shall be paid to
    the superintendent or other officer in charge of the reservation
    for the credit of the owner thereof" for "damages shall be paid to
    the Papago Tribe" and "to be the fair and reasonable value of such
    improvement" for "but not to exceed the cost of said improvements"
    and struck out "and payments derived from damages or rentals shall
    be deposited in the Treasury of the United States to the credit of
    the Papago Tribe" after "mining operations,".
      Subsec. (b)(2). Act Aug. 28, 1937, designated existing provisions
    of first par. as par. (2), inserted "pay to the superintendent or
    other officer in charge of the reservation, for" before "deposit",
    substituted "Provided, That an applicant for patent shall also pay
    to the Secretary or other officer in charge of the said reservation
    for the credit of the owner" for "Provided further, That patentee
    shall also pay into the Treasury of the United States to the credit
    of the Papago Tribe" substituted "but the sum thus deposited,
    except for a deduction of rental at the annual rate hereinbefore
    provided, shall be refunded to the applicant in the event that
    patent is not acquired" for "the payment of $1.00 per acre for
    surface use to be refunded to patentee in the event that patent is
    not acquired" after "determination by the Secretary of the
    Interior, but not to exceed the cost thereof".
      Subsec. (b)(3). Act Aug. 28, 1937, added par. (3).
      Subsec. (b)(4). Act Aug. 28, 1937, designated second par. as par.
    (4).


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of all other officers of Department of the Interior and
    functions of all agencies and employees of Department, with two
    exceptions, transferred to Secretary of the Interior, with power
    vested in him to authorize their performance or performance of any
    of his functions by any of those officers, agencies, and employees,
    by Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15
    F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5,
    Government Organization and Employees.


-MISC2-
      RESTORATION OF VACANT AND UNDISPOSED-OF CEDED LANDS IN CERTAIN
                            INDIAN RESERVATIONS
      Pub. L. 85-420, May 19, 1958, 72 Stat. 121, provided: "That all
    lands now or hereafter classified as vacant and undisposed-of ceded
    lands (including townsite lots) on the following named Indian
    reservations are hereby restored to tribal ownership, subject to
    valid existing rights:


                  Reservation and State                    Approximate  
                                                             acreage    
    --------------------------------------------------------------------
    Klamath River, California                                     159.57
    Coeur d'Alene, Idaho                                       12,877.65
    Crow, Montana                                              10,260.95
    Fort Peck, Montana                                         41,450.13
    Spokane, Washington                                         5,451.00
    --------------------------------------------------------------------

    Provided, That such restoration shall not apply to any lands while
    they are within reclamation projects heretofore authorized.
      "Sec. 2. Title to the lands restored to tribal ownership by this
    Act shall be held by the United States in trust for the respective
    tribe or tribes, and such lands are hereby added to and made a part
    of the existing reservations for such tribe or tribes.
      "Sec. 3. The lands restored to tribal ownership by this Act may
    be sold or exchanged by the tribe, with the approval of the
    Secretary of the Interior."

                         PAPAGO INDIAN RESERVATION                     
      Section 1 of act May 27, 1955, provided: "That the provisions
    with respect to subjection of mineral lands within the Papago
    Indian Reservation to exploration, location, and entry under the
    mining laws of the United States in the Executive order dated
    February 1, 1917, creating the Papago Indian Reservation, and in
    the third proviso in section 1 of the Act of February 21, 1931 (46
    Stat. 1202), and the provisions of subsection (b)(1) and (2) and of
    the remainder, following the word 'purposes', of subsection (b)(4)
    of section 3 of the Act of June 18, 1934 (48 Stat. 984; 25 U.S.C.
    461-479), as amended by the Act of August 28, 1937 (50 Stat. 862,
    863; 25 U.S.C. 463) [this section], are hereby repealed, all tribal
    lands within the Papago Indian Reservation are hereby withdrawn
    from all forms of exploration, location, and entry under such laws,
    the minerals underlying such lands are hereby made a part of the
    reservation to be held in trust by the United States for the Papago
    Indian Tribe, and such minerals shall be subject to lease for
    mining purposes pursuant to the provisions of the Act of May 11,
    1938 (52 Stat. 347) [sections 396a to 396g of this title]:
    Provided, That the provisions of this Act shall not be applicable
    to lands within the Papago Indian Reservation for which a mineral
    patent has heretofore been issued or to a claim that has been
    validly initiated before the date of this Act and thereafter
    maintained under the mining laws of the United States."

-End-



-CITE-
    25 USC Sec. 463a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 463a. Extension of boundaries of Papago Indian Reservation

-STATUTE-
      Whenever all privately owned lands except mining claims within
    the following-described area have been purchased and acquired as
    authorized in sections 463b and 463c of this title, the boundary of
    the Papago Indian Reservation in Arizona shall be extended to
    include the west half of section 4; west half of section 9,
    township 17 south, range 8 east; all of township 18 south, range 2
    west, all of fractional township 19 south, range 2 west; and all of
    fractional townships 18 and 19 south, range 3 west, except sections
    6, 7, 18, 19, 30, and 31 in township 18 south, range 3 west, Gila
    and Salt River meridian. This extension shall not affect any valid
    rights initiated prior to July 28, 1937, nor the reservation of a
    strip of land sixty feet wide along the United States-Mexico
    boundary made by proclamation of the President dated May 27, 1907
    (35 Stat. 2136). The lands herein described when added to the
    Papago Indian Reservation as provided in sections 463a to 463c of
    this title shall become a part of said reservation in all respects
    and upon all the same terms as if said lands had been included in
    the Executive order issued by the President on February 1, 1917:
    Provided, That lands acquired under sections 463a to 463c of this
    title shall remain tribal lands and shall not be subject to
    allotment to individual Indians.

-SOURCE-
    (July 28, 1937, ch. 527, Sec. 1, 50 Stat. 536.)

-End-



-CITE-
    25 USC Sec. 463b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 463b. Purchase of private lands; limitations

-STATUTE-
      The Secretary of the Interior is authorized to purchase for the
    use and benefit of the Papago Indians with any available funds
    heretofore or hereafter appropriated, pursuant to authority
    contained in section 465 of this title, all privately owned lands,
    water rights, and reservoir site reserves within townships 18 and
    19 south, ranges 2 and 3 west, together with all grazing privileges
    and including improvements upon public lands appurtenant to the so-
    called Menager Dam property, at the appraised value of $40,016.37.

-SOURCE-
    (July 28, 1937, ch. 527, Sec. 2, 50 Stat. 536.)

-End-



-CITE-
    25 USC Sec. 463c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 463c. Gift of lands by Arizona

-STATUTE-
      The State of Arizona may relinquish in favor of the Papago
    Indians such tracts within the townships referred to in section
    463a of this title as it may see fit and shall have the right to
    select other unreserved and nonmineral public lands within the
    State of Arizona equal in area to those relinquished, said lieu
    selections to be made in the same manner as is provided for in the
    Enabling Act of June 20, 1910 (36 Stat. 558), or in the discretion
    of the State of Arizona under the provisions of section 315g of
    title 43. The payment of fees or commissions is waived in all lieu
    selections made pursuant to this section.

-SOURCE-
    (July 28, 1937, ch. 527, Sec. 3, 50 Stat. 536.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Enabling Act of June 20, 1910, referred to in text, probably
    means act June 20, 1910, ch. 310, 36 Stat. 557, which provided
    that, subject to certain limitations, lieu selections of land in
    Arizona are to be made pursuant to sections 851 and 852 of Title
    43, Public Lands.
      Section 315g of title 43, referred to in text, was repealed by
    Pub. L. 94-579, title VII, Sec. 705(a), Oct. 21, 1976, 90 Stat.
    2792.

-End-



-CITE-
    25 USC Sec. 463d                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 463d. Restoration of lands in Umatilla Indian Reservation to
      tribal ownership

-STATUTE-
      The Secretary of the Interior is authorized in his discretion to
    restore to tribal ownership the undisposed of surplus lands of the
    Umatilla Indian Reservation, Oregon, heretofore opened to entry or
    other form of disposal under the public-land laws: Provided, That
    restoration shall be subject to any existing valid rights.

-SOURCE-
    (Aug. 10, 1939, ch. 662, Sec. 1, 53 Stat. 1351.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The public-land laws, referred to in text, are classified
    generally to Title 43, Public Lands.


-MISC1-
                 INHERITANCE OF TRUST OR RESTRICTED LANDS             
      Pub. L. 95-264, Apr. 18, 1978, 92 Stat. 202, provided: "That the
    right to inherit trust or restricted land on the Umatilla Indian
    Reservation, to the extent that the laws of descent of the State of
    Oregon are inconsistent herewith, shall be as provided herein.
      "Sec. 2. When any Indian dies leaving any interest in trust or
    restricted land within the Umatilla Reservation and not having
    lawfully devised the same, such interest shall descend in equal
    shares to his or her children and to the issue of any deceased
    child by right of representation; and if there is no child of the
    decedent living at the time of his or her death, such interests
    shall descend to his or her other lineal descendants; and if such
    descendants are in the same degree of kindred to the intestate,
    they shall take such real property equally, or otherwise they shall
    take according to the right of representation. An interest taken
    hereunder shall be subject to the right of a surviving spouse as
    provided in section 3.
      "Sec. 3. The surviving spouse of any Indian who dies leaving any
    interest in trust or restricted land within the Umatilla
    Reservation shall be entitled to obtain a one-half interest in all
    such trust or restricted interests in land during his or her
    lifetime.
      "Sec. 4. If any Indian, who leaves any interest in trust or
    restricted land within the Umatilla Reservation, makes provisions
    for his or her surviving spouse by an approved will, such surviving
    spouse shall have an election whether to take the provisions as
    made in such will or to take the interest as set forth in section 3
    of this Act, but such surviving spouse shall not be entitled to
    both unless it plainly appears by the will to have been so intended
    by the testator. When any surviving spouse is entitled to an
    election under this section, he or she shall be deemed to have
    elected to take the provisions as made in such will unless, at or
    prior to the first hearing to probate the will, he or she has
    elected to take under section 3 of this Act and not under the will.
      "Sec. 5. The provisions of this Act shall apply to all estates of
    decedents who die on or after the date of enactment of this Act
    [Apr. 18, 1978]."

          CONVEYANCE OF LANDS TO STIMULATE INDUSTRIAL DEVELOPMENT      
      Pub. L. 85-186, Aug. 28, 1957, 71 Stat. 468, provided: "That,
    upon request of any Indian tribe, group, or corporate entity, and
    approval of the request by the Secretary of the Interior as
    provided in this Act, the Administrator of the General Services
    Administration is authorized to transfer, without cost to such
    Indian tribe, group, or corporate entity, title to any property of
    the United States at the McNary Dam townsite, Umatilla, Oregon, or
    at Pickstown, South Dakota, that is declared surplus pursuant to
    the Federal Property and Administrative Services Act of 1949 (Act
    of June 30, 1949; 63 Stat. 378), as amended [now chapters 1 to 11
    of Title 40, Public Buildings, Property, and Works, and title III
    of the Act of June 30, 1949 (41 U.S.C. 251 et seq.)]. Such property
    shall not be exempt from taxation because of the fact that title is
    held by the Indian tribe, group, or corporate entity.
      "Sec. 2. The Secretary of the Interior shall approve a request
    for surplus property pursuant to this Act only if - 
        "(a) the Indian tribe, group, or corporate entity is organized
      under State or Federal law in a form satisfactory to the
      Secretary for the purpose of holding title to the property;
        "(b) the surplus property is to be used to stimulate industrial
      development near the Indian tribe, band, group, or reservations;
        "(c) the Indian tribe, group, or corporate entity has executed
      a contract with an industrial enterprise that is acceptable to
      the Secretary;
        "(d) the contract between the Indian tribe, group, or corporate
      entity and the industrial enterprise contains such provisions as
      the Secretary deems desirable, including in substance the
      following:
          "(1) Title to the property will remain in the Indian tribe,
        group, or corporate entity, and the property will be made
        available to the industrial enterprise at a rental fee
        commensurate with the purposes of this Act, which rental shall
        be paid to the United States Treasury.
          "(2) The industrial enterprise will employ Indians in large
        enough numbers to justify, in the judgment of the Secretary,
        the purposes of this Act.
          "(3) The industrial enterprise will agree to pay its
        employees fair and equitable wages commensurate with the
        general wage scale in the area.
          "(4) The industrial enterprise will maintain the property in
        good repair, pay all taxes properly assessed against the
        property, and be responsible for the payment of all charges for
        utility services to the property.
          "(5) At the end of the contract period the industry will have
        an option to purchase the property at its appraised price, as
        determined by the Secretary, the proceeds of such sale will
        revert to the United States Treasury.
      "Sec. 3. Any transfer of title to surplus property pursuant to
    this Act shall provide for a reversion of title to the United
    States if the Secretary of the Interior finds that the property is
    not being used in accordance with the provisions of the Act.
      "Sec. 4. The United States shall not be responsible for providing
    to the Indians who are employed in an industrial development
    pursuant to this Act community services that are normally furnished
    by State and local governments, such as school, health, welfare,
    and law-enforcement services.
      "Sec. 5. The transfer of McNary Dam townsite shall be upon the
    express condition that persons or families occupying residential
    property on the date of the enactment of this Act [Aug. 28, 1957]
    shall be entitled to at least one hundred and eighty days' notice
    of termination of their occupancy."

-End-



-CITE-
    25 USC Sec. 463e                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 463e. Exchanges of land

-STATUTE-
      For the purpose of effecting land consolidations between Indians
    and non-Indians within the reservation, the Secretary of the
    Interior is authorized, under such rules and regulations as he may
    prescribe, to acquire through purchase, exchange, or
    relinquishment, any interest in lands, water rights, or surface
    rights to lands within said reservation. Exchanges of lands
    hereunder shall be made on the basis of equal value and the value
    of improvements on lands to be relinquished to the Indians or by
    Indians to non-Indians shall be given due consideration and
    allowance made therefor in the valuation of lieu lands. This
    section shall apply to tribal, trust, or otherwise restricted
    Indian allotments whether the allottee be living or deceased.

-SOURCE-
    (Aug. 10, 1939, ch. 662, Sec. 2, 53 Stat. 1351.)

-End-



-CITE-
    25 USC Sec. 463f                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 463f. Title to lands

-STATUTE-
      Title to lands or any interest therein acquired pursuant to
    sections 463d to 463g of this title for Indian use shall be taken
    in the name of the United States of America in trust for the tribe
    or individual Indian for which acquired.

-SOURCE-
    (Aug. 10, 1939, ch. 662, Sec. 3, 53 Stat. 1351.)

-End-



-CITE-
    25 USC Sec. 463g                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 463g. Use of funds appropriated under section 465

-STATUTE-
      For the purpose of carrying into effect the land-purchase
    provision of sections 463d to 463g of this title, the Secretary of
    the Interior is authorized to use so much as may be necessary of
    any funds heretofore or hereafter appropriated pursuant to section
    465 of this title.

-SOURCE-
    (Aug. 10, 1939, ch. 662, Sec. 4, 53 Stat. 1351.)

-End-



-CITE-
    25 USC Sec. 464                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 464. Transfer and exchange of restricted Indian lands and
      shares of Indian tribes and corporations

-STATUTE-
      Except as provided in this Act, no sale, devise, gift, exchange,
    or other transfer of restricted Indian lands or of shares in the
    assets of any Indian tribe or corporation organized under this Act
    shall be made or approved: Provided, That such lands or interests
    may, with the approval of the Secretary of the Interior, be sold,
    devised, or otherwise transferred to the Indian tribe in which the
    lands or shares are located or from which the shares were derived,
    or to a successor corporation: Provided further, That, subject to
    section 8(b) of the American Indian Probate Reform Act of 2004
    (Public Law 108-374; 25 U.S.C. 2201 note), lands and shares
    described in the preceding proviso shall descend or be devised to
    any member of an Indian tribe or corporation described in that
    proviso or to an heir or lineal descendant of such a member in
    accordance with the Indian Land Consolidation Act (25 U.S.C. 2201
    et seq.), including a tribal probate code approved, or regulations
    promulgated under, that Act: Provided further, That the Secretary
    of the Interior may authorize any voluntary exchanges of lands of
    equal value and the voluntary exchange of shares of equal value
    whenever such exchange, in the judgment of the Secretary, is
    expedient and beneficial for or compatible with the proper
    consolidation of Indian lands and for the benefit of cooperative
    organizations.

-SOURCE-
    (June 18, 1934, ch. 576, Sec. 4, 48 Stat. 985; Pub. L. 96-363, Sec.
    1, Sept. 26, 1980, 94 Stat. 1207; Pub. L. 106-462, title I, Sec.
    106(c), Nov. 7, 2000, 114 Stat. 2007; Pub. L. 108-374, Sec. 6(d),
    Oct. 27, 2004, 118 Stat. 1805; Pub. L. 109-157, Sec. 8(b), Dec. 30,
    2005, 119 Stat. 2952; Pub. L. 109-221, title V, Sec. 501(b)(1), May
    12, 2006, 120 Stat. 343.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is act June 18, 1934, which is
    classified generally to this subchapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of this title and Tables.
      The Indian Land Consolidation Act, referred to in text, is title
    II of Pub. L. 97-459, Jan. 12, 1983, 96 Stat. 2517, as amended,
    which is classified generally to chapter 24 (Sec. 2201 et seq.) of
    this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 2201 of this title and
    Tables.


-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-221 amended section catchline and text
    generally. Prior to amendment, text related to transfer and
    exchange of restricted Indian land and shares of Indian tribes and
    corporations.
      2005 - Pub. L. 109-157 amended section catchline and text
    generally. Prior to amendment, text related to transfer of
    restricted Indian lands or shares in assets of Indian tribes or
    corporation and exchange of lands.
      2004 - Pub. L. 108-374, Sec. 6(d)(1), (2), in first proviso,
    struck out ", in accordance with the then existing laws of the
    State, or Federal laws where applicable, in which said lands are
    located or in which the subject matter of the corporation is
    located," after "descend or be devised" and ", except as provided
    by the Indian Land Consolidation Act, any other Indian person for
    whom the Secretary of the Interior determines that the United
    States may hold land in trust:" after "lineal descendants of such
    member or".
      Pub. L. 108-374, Sec. 6(d)(3), which directed insertion of "in
    accordance with the Indian Land Consolidation Act (25 U.S.C. 2201
    et seq.) (including a tribal probate code approved under that Act
    or regulations promulgated under that Act):" in first proviso
    without specifying where the insertion was to be made, was executed
    by making the insertion at end of first proviso, to reflect the
    probable intent of Congress.
      2000 - Pub. L. 106-462, which directed the amendment of this
    section by substituting "member or, except as provided by the
    Indian Land Consolidation Act," for "member or:", was executed by
    making the substitution for "member or" before "any other Indian
    person" to reflect the probable intent of Congress because the
    phrase "member or:" did not appear in text.
      1980 - Pub. L. 96-363, which directed the amendment of the first
    proviso of this section by substituting "or any heirs or lineal
    descendants of such member or any other Indian person for whom the
    Secretary of the Interior determines that the United States may
    hold land in trust" for "or any heirs of such members", was
    executed by making the substitution for "or any heirs of such
    member" to reflect the probable intent of Congress.

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Amendment by Pub. L. 109-221 effective as if included in the
    enactment of Pub. L. 108-374, see section 501(c) of Pub. L. 109-
    221, set out as a note under section 348 of this title.

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Pub. L. 109-157, Sec. 9, Dec. 30, 2005, 119 Stat. 2953, provided
    that: "The amendments made by this Act [amending this section,
    sections 2204 to 2206, 2212, 2214, and 2216 of this title and
    provisions set out as a note under section 2201 of this title]
    shall be effective as if included in the American Indian Probate
    Reform Act of 2004 (25 U.S.C. 2201 note; Public Law 108-374)."

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Amendment by Pub. L. 108-374 applicable on and after the date
    that is 1 year after June 20, 2005, see section 8(b) of Pub. L. 108-
    374, as amended, set out as a Notice; Effective Date of 2004
    Amendment note under section 2201 of this title.

-End-



-CITE-
    25 USC Sec. 465                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 465. Acquisition of lands, water rights or surface rights;
      appropriation; title to lands; tax exemption

-STATUTE-
      The Secretary of the Interior is authorized, in his discretion,
    to acquire, through purchase, relinquishment, gift, exchange, or
    assignment, any interest in lands, water rights, or surface rights
    to lands, within or without existing reservations, including trust
    or otherwise restricted allotments, whether the allottee be living
    or deceased, for the purpose of providing land for Indians.
      For the acquisition of such lands, interests in lands, water
    rights, and surface rights, and for expenses incident to such
    acquisition, there is authorized to be appropriated, out of any
    funds in the Treasury not otherwise appropriated, a sum not to
    exceed $2,000,000 in any one fiscal year: Provided, That no part of
    such funds shall be used to acquire additional land outside of the
    exterior boundaries of Navajo Indian Reservation for the Navajo
    Indians in Arizona, nor in New Mexico, in the event that
    legislation to define the exterior boundaries of the Navajo Indian
    Reservation in New Mexico, and for other purposes, or similar
    legislation, becomes law.
      The unexpended balances of any appropriations made pursuant to
    this section shall remain available until expended.
      Title to any lands or rights acquired pursuant to this Act or the
    Act of July 28, 1955 (69 Stat. 392), as amended (25 U.S.C. 608 et
    seq.) shall be taken in the name of the United States in trust for
    the Indian tribe or individual Indian for which the land is
    acquired, and such lands or rights shall be exempt from State and
    local taxation.

-SOURCE-
    (June 18, 1934, ch. 576, Sec. 5, 48 Stat. 985; Pub. L. 100-581,
    title II, Sec. 214, Nov. 1, 1988, 102 Stat. 2941.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is act June 18, 1934, which is
    classified generally to this subchapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of this title and Tables.
      Act of July 28, 1955, referred to in text, is act July 28, 1955,
    ch. 423, 69 Stat. 392, as amended, which is classified to sections
    608 to 608c of this title. For complete classification of this Act
    to the Code, see Tables.


-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-581 inserted "or the Act of July 28, 1955 (69
    Stat. 392), as amended (25 U.S.C. 608 et seq.)" after "this Act".

              PAYSON BAND, YAVAPAI-APACHE INDIAN RESERVATION          
      Pub. L. 92-470, Oct. 6, 1972, 86 Stat. 783, provided: "That (a) a
    suitable site (of not to exceed eighty-five acres) for a village
    for the Payson Community of Yavapai-Apache Indians shall be
    selected in the Tonto National Forest within Gila County, Arizona,
    by the leaders of the community, subject to approval by the
    Secretary of the Interior and the Secretary of Agriculture. The
    site so selected is hereby declared to be held by the United States
    in trust as an Indian reservation for the use and benefit of the
    Payson Community of Yavapai-Apache Indians.
      "(b) The Payson Community of Yavapai-Apache Indians shall be
    recognized as a tribe of Indians within the purview of the Act of
    June 18, 1934, as amended (25 U.S.C. 461-479, relating to the
    protection of Indians and conservation of resources), and shall be
    subject to all of the provisions thereof."

                      ROCKY BOY'S INDIAN RESERVATION                  
      Pub. L. 85-773, Aug. 27, 1958, 72 Stat. 931, provided: "That the
    land acquired by the United States pursuant to section 5 of the Act
    of June 18, 1934 (48 Stat. 984) [this section], title to which was
    conveyed to the United States of America in trust for the Chippewa,
    Cree, and other Indians of Montana, and thereafter added to the
    Rocky Boy's Indian Reservation, Montana, by proclamation signed by
    the Assistant Secretary of the Interior on November 26, 1947, is
    hereby designated for the exclusive use of the members of the
    Chippewa Cree Tribe of the Rocky Boy's Reservation, Montana."

                        SEMINOLE INDIAN RESERVATION                    
      Act July 20, 1956, ch. 645, 70 Stat. 581, provided: "That the
    equitable title to the lands and interests in lands together with
    the improvements thereon, acquired by the United States under
    authority of title II of the National Industrial Recovery Act,
    approved June 16, 1933 (48 Stat. 200), the Emergency Relief
    Appropriation Act of 1935, approved April 8, 1935 (49 Stat. 115),
    and section 55 of the Act entitled 'An Act to amend the
    Agricultural Adjustment Act, and for other purposes', approved
    August 24, 1935 (49 Stat. 750, 781), administrative jurisdiction
    over which was transferred from the Secretary of Agriculture to the
    Secretary of the Interior by Executive Order Numbered 7868, dated
    April 15, 1938, for the use of the Seminole Tribe, is hereby
    conveyed to the Seminole Tribe of Indians in the State of Florida,
    and such lands and interests are hereby declared to be held by the
    United States in trust for the Seminole Tribe of Indians in the
    State of Florida in the same manner and to the same extent as other
    land held in trust for such tribe.
      "Sec. 2. The lands declared to be held in trust for the Seminole
    Tribe of Indians in the State of Florida under the first section of
    this Act and all lands which have been acquired by the United
    States for the Seminole Tribe of Indians in the State of Florida
    under authority of the Act entitled 'An Act to conserve and develop
    Indian lands and resources; to extend to Indians the right to form
    business and other organizations; to establish a credit system for
    Indians; to grant certain rights of home rule to Indians; to
    provide for vocational education for Indians; and for other
    purposes' approved June 18, 1934 (48 Stat. 984) [sections 461, 462,
    463, 464, 465, 466 to 470, 471, 472, 473, 474, 475, 476 to 478 and
    479 of this title], are hereby declared to be a reservation for the
    use and benefit of such Seminole Tribe in Florida.
      "Sec. 3. Nothing in this Act shall deprive any Indian of any
    individual right, ownership, right of possession, or contract right
    he may have in any land or interest in land referred to in this
    Act."

-End-



-CITE-
    25 USC Sec. 465a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 465a. Receipt and purchase in trust by United States of land
      for Klamath Tribe Indians

-STATUTE-
      The Secretary of the Interior is authorized to receive on behalf
    of the United States from individual members of the Klamath Tribe
    of Indians voluntarily executed deeds to such lands as said Indians
    may own in fee simple free from all encumbrances, said lands to be
    held in trust by the United States for said Indians and their
    heirs; and, whenever restricted funds are used for the purchase of
    lands for individual members of the Klamath Tribe of Indians, the
    Secretary of the Interior is authorized, in his discretion, to take
    title to said lands in the United States, the same to be held in
    trust for said individual Indians: Provided, however, That while
    any of the foregoing lands are held in trust by the United States
    for said Indians, the same shall be subject to the same
    restrictions, immunities, and exemptions as homesteads purchased
    out of trust or restricted funds of individual Indians pursuant to
    section 412a of this title, except the restrictions, immunities, or
    exemptions of the second proviso of said section.

-SOURCE-
    (Feb. 24, 1942, ch. 113, Sec. 1, 56 Stat. 121.)

-End-



-CITE-
    25 USC Sec. 465b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 465b. "Klamath Tribe of Indians" defined

-STATUTE-
      As used in this section and section 465a of this title the term
    "Klamath Tribe of Indians" includes the Klamath and Modoc Tribes,
    and the Yahooskin Band of Snake Indians.

-SOURCE-
    (Feb. 24, 1942, ch. 113, Sec. 2, 56 Stat. 121.)

-End-



-CITE-
    25 USC Sec. 466                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 466. Indian forestry units; rules and regulations

-STATUTE-
      The Secretary of the Interior is directed to make rules and
    regulations for the operation and management of Indian forestry
    units on the principle of sustained-yield management, to restrict
    the number of livestock grazed on Indian range units to the
    estimated carrying capacity of such ranges, and to promulgate such
    other rules and regulations as may be necessary to protect the
    range from deterioration, to prevent soil erosion, to assure full
    utilization of the range, and like purposes.

-SOURCE-
    (June 18, 1934, ch. 576, Sec. 6, 48 Stat. 986.)

-End-



-CITE-
    25 USC Sec. 467                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 467. New Indian reservations

-STATUTE-
      The Secretary of the Interior is hereby authorized to proclaim
    new Indian reservations on lands acquired pursuant to any authority
    conferred by this Act, or to add such lands to existing
    reservations: Provided, That lands added to existing reservations
    shall be designated for the exclusive use of Indians entitled by
    enrollment or by tribal membership to residence at such
    reservations.

-SOURCE-
    (June 18, 1934, ch. 576, Sec. 7, 48 Stat. 986.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is act June 18, 1934, which is
    classified generally to this subchapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of this title and Tables.

-End-



-CITE-
    25 USC Sec. 468                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 468. Allotments or holdings outside of reservations

-STATUTE-
      Nothing contained in this Act shall be construed to relate to
    Indian holdings of allotments or homesteads upon the public domain
    outside of the geographic boundaries of any Indian reservation now
    existing or established hereafter.

-SOURCE-
    (June 18, 1934, ch. 576, Sec. 8, 48 Stat. 986.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is act June 18, 1934, which is
    classified generally to this subchapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of this title and Tables.

-End-



-CITE-
    25 USC Sec. 469                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 469. Indian corporations; appropriation for organizing

-STATUTE-
      There is authorized to be appropriated, out of any funds in the
    Treasury not otherwise appropriated, such sums as may be necessary,
    but not to exceed $250,000 in any fiscal year, to be expended at
    the order of the Secretary of the Interior, in defraying the
    expenses of organizing Indian chartered corporations or other
    organizations created under this Act.

-SOURCE-
    (June 18, 1934, ch. 576, Sec. 9, 48 Stat. 986.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is act June 18, 1934, which is
    classified generally to this subchapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of this title and Tables.

-End-



-CITE-
    25 USC Sec. 470                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 470. Revolving fund; appropriation for loans

-STATUTE-
      There is authorized to be appropriated, out of any funds in the
    Treasury not otherwise appropriated, the sum of $20,000,000 to be
    established as a revolving fund from which the Secretary of the
    Interior, under such rules and regulations as he may prescribe, may
    make loans to Indian chartered corporations for the purpose of
    promoting the economic development of such tribes and of their
    members, and may defray the expenses of administering such loans.
    Repayment of amounts loaned under this authorization shall be
    credited to the revolving fund and shall be available for the
    purposes for which the fund is established.

-SOURCE-
    (June 18, 1934, ch. 576, Sec. 10, 48 Stat. 986; Pub. L. 86-533,
    Sec. 1(16), June 29, 1960, 74 Stat. 248; Pub. L. 87-250, Sept. 15,
    1961, 75 Stat. 520.)


-MISC1-
                                AMENDMENTS                            
      1961 - Pub. L. 87-250 substituted "$20,000,000" for
    "$10,000,000".
      1960 - Pub. L. 86-533 repealed provisions which required a report
    to be made annually to the Congress of transactions under the
    authorization.

    REVOLVING FUND: INTEREST-FREE LOANS TO KLAMATH INDIANS; REFINANCING
                           LENDING AGENCY LOANS
      Use of Revolving Loan Fund for Indians to assist Klamath Indians
    during period for terminating Federal supervision, see note set out
    under section 564 of this title. Funds to be administered as a
    single Indian Revolving Loan Fund after Apr. 12, 1974, see section
    1461 of this title.

-End-



-CITE-
    25 USC Sec. 470a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 470a. Interest charges covered into revolving fund

-STATUTE-
      Interest or other charges heretofore or hereafter collected on
    loans shall be credited to the revolving fund created by section
    470 of this title and shall be available for the establishment of a
    revolving fund for the purpose of making and administering loans to
    Indian-chartered corporations in accordance with the Act of June
    18, 1934 (48 Stat. 986) [25 U.S.C. 461 et seq.], and of making and
    administering loans to individual Indians and to associations or
    corporate groups of Indians of Oklahoma in accordance with the Act
    of June 26, 1936 (49 Stat. 1967) [25 U.S.C. 501 et seq.].

-SOURCE-
    (June 28, 1941, ch. 259, Sec. 1, 55 Stat. 316.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, referred to in text, popularly known as the
    Indian Reorganization Act, is classified generally to this
    subchapter. For complete classification of this Act to the Code,
    see Short Title note set out under section 461 of this title and
    Tables.
      Act of June 26, 1936, referred to in text, popularly known as the
    Oklahoma Welfare Act, is classified generally to subchapter VIII
    (Sec. 501 et seq.) of this chapter. For complete classification of
    this Act to the Code, see Short Title note set out under section
    501 of this title and Tables.

-End-



-CITE-
    25 USC Sec. 471                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 471. Vocational and trade schools; appropriation for tuition

-STATUTE-
      There is authorized to be appropriated, out of any funds in the
    United States Treasury not otherwise appropriated, a sum not to
    exceed $250,000 annually, together with any unexpended balances of
    previous appropriations made pursuant to this section, for loans to
    Indians for the payment of tuition and other expenses in recognized
    vocational and trade schools: Provided, That not more than $50,000
    of such sum shall be available for loans to Indian students in high
    schools and colleges. Such loans shall be reimbursable under rules
    established by the Commissioner of Indian Affairs.

-SOURCE-
    (June 18, 1934, ch. 576, Sec. 11, 48 Stat. 986.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out in the Appendix to Title 5, Government
    Organization and Employees.

-End-



-CITE-
    25 USC Sec. 472                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 472. Standards for Indians appointed to Indian Office

-STATUTE-
      The Secretary of the Interior is directed to establish standards
    of health, age, character, experience, knowledge, and ability for
    Indians who may be appointed, without regard to civil-service laws,
    to the various positions maintained, now or hereafter, by the
    Indian Office, in the administration of functions or services
    affecting any Indian tribe. Such qualified Indians shall hereafter
    have the preference to appointment to vacancies in any such
    positions.

-SOURCE-
    (June 18, 1934, ch. 576, Sec. 12, 48 Stat. 986.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out in the Appendix to Title 5, Government
    Organization and Employees.


-MISC1-
                     CONVERSION TO CAREER APPOINTMENT                 
      Status of Indian appointed to Federal service under excepted
    appointment to be converted to career appointment in competitive
    service after three years of continuous service and satisfactory
    performance, see section 450i(m) of this title.

-End-



-CITE-
    25 USC Sec. 472a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 472a. Indian preference laws applicable to Bureau of Indian
      Affairs and Indian Health Service positions

-STATUTE-
    (a) Establishment of retention categories for purposes of reduction-
      in-force procedures
      For purposes of applying reduction-in-force procedures under
    subsection (a) of section 3502 of title 5 with respect to positions
    within the Bureau of Indian Affairs and the Indian Health Service,
    the competitive and excepted service retention registers shall be
    combined, and any employee entitled to Indian preference who is
    within a retention category established under regulations
    prescribed under such subsection to provide due effect to military
    preference shall be entitled to be retained in preference to other
    employees not entitled to Indian preference who are within such
    retention category.
    (b) Reassignment of employees other than to positions in higher
      grades; authority to make determinations respecting
      (1) The Indian preference laws shall not apply in the case of any
    reassignment within the Bureau of Indian Affairs or within the
    Indian Health Service (other than to a position in a higher grade)
    of an employee not entitled to Indian preference if it is
    determined that under the circumstances such reassignment is
    necessary - 
        (A) to assure the health or safety of the employee or of any
      member of the employee's household;
        (B) in the course of a reduction in force; or
        (C) because the employee's working relationship with a tribe
      has so deteriorated that the employee cannot provide effective
      service for such tribe or the Federal Government.

      (2) The authority to make any determination under subparagraph
    (A), (B), or (C) of paragraph (1) is vested in the Secretary of the
    Interior with respect to the Bureau of Indian Affairs and the
    Secretary of Health and Human Services with respect to the Indian
    Health Service, and, notwithstanding any other provision of law,
    the Secretary involved may not delegate such authority to any
    individual other than a Deputy Secretary or Assistant Secretary of
    the respective department.
    (c) Waiver of applicability in personnel actions; scope,
      procedures, etc.
      (1) Notwithstanding any provision of the Indian preference laws,
    such laws shall not apply in the case of any personnel action
    respecting an applicant or employee not entitled to Indian
    preference if each tribal organization concerned grants, in
    writing, a waiver of the application of such laws with respect to
    such personnel action.
      (2) The provisions of section 8336(j) of title 5 shall not apply
    to any individual who has accepted a waiver with respect to a
    personnel action pursuant to paragraph (1) of this subsection or to
    section 2011(f) (!1) of this title.

    (d) Placement of non-Indian employees in other Federal positions;
      assistance of Office of Personnel Management; cooperation of
      other Federal agencies
      The Office of Personnel Management shall provide all appropriate
    assistance to the Bureau of Indian Affairs and the Indian Health
    Service in placing non-Indian employees of such agencies in other
    Federal positions. All other Federal agencies shall cooperate to
    the fullest extent possible in such placement efforts.
    (e) Definitions
      For purposes of this section - 
        (1) The term "tribal organization" means - 
          (A) the recognized governing body of any Indian tribe, band,
        nation, pueblo, or other organized community, including a
        Native village (as defined in section 1602(c) of title 43); or
          (B) in connection with any personnel action referred to in
        subsection (c)(1) of this section, any legally established
        organization of Indians which is controlled, sanctioned, or
        chartered by a governing body referred to in subparagraph (A)
        of this paragraph and which has been delegated by such
        governing body the authority to grant a waiver under such
        subsection with respect to such personnel action.

        (2) The term "Indian preference laws" means section 472 of this
      title or any other provision of law granting a preference to
      Indians in promotions and other personnel actions.
        (3) The term "Bureau of Indian Affairs" means (A) the Bureau of
      Indian Affairs and (B) all other organizational units in the
      Department of the Interior directly and primarily related to
      providing services to Indians and in which positions are filled
      in accordance with the Indian preference laws.

-SOURCE-
    (Pub. L. 96-135, Sec. 2, Dec. 5, 1979, 93 Stat. 1057; Pub. L. 96-
    88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 100-
    581, title II, Sec. 205, Nov. 1, 1988, 102 Stat. 2940; Pub. L. 101-
    509, title V, Sec. 529 [title I, Sec. 112(c)], Nov. 5, 1990, 104
    Stat. 1427, 1454; Pub. L. 105-362, title VIII, Sec. 801(e), title
    XIII, Sec. 1302(d), Nov. 10, 1998, 112 Stat. 3288, 3294.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 2011(f) of this title, referred to in subsec. (c)(2), was
    in the original a reference to section 1131 of the Education
    Amendments of 1978, Pub. L. 95-561. Section 1131 of Pub. L. 95-561
    was omitted in the general amendment of chapter 22 (Sec. 2001 et
    seq.) of this title by Pub. L. 103-382, title III, Sec. 381, Oct.
    20, 1994, 108 Stat. 3979. Pub. L. 103-382 enacted a new section
    1131 of Pub. L. 95-561, relating to policy for Indian control of
    Indian education, which is classified to section 2011 of this
    title. Provisions relating to waivers of education personnel
    actions are now contained in section 2012(f) of this title.


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (d). Pub. L. 105-362, Sec. 801(e)(3), struck out
    par. (1) designation and struck out par. (2) which read as follows:
    "The Secretaries of the Interior and Health and Human Services, and
    the Director of the Office of Personnel Management shall each
    submit a report to Congress following the close of each fiscal year
    with respect to the actions which they took in such fiscal year to
    place non-Indian employees of the Bureau of Indian Affairs and the
    Indian Health Service in other Federal positions."
      Pub. L. 105-362, Sec. 801(e)(1), (2), redesignated subsec. (e) as
    (d) and struck out former subsec. (d) which read as follows: "The
    Secretaries of the Interior and Health and Human Services shall
    each submit to the Congress a report following the close of each
    fiscal year with respect to the actions which they took in such
    fiscal year to recruit and train Indians to qualify such Indians
    for positions which are subject to preference under the Indian
    preference laws. Such report shall also include information as to
    the grade levels and occupational classifications of Indian and non-
    Indian employees in the Bureau of Indian Affairs and the Indian
    Health Service."
      Subsec. (e). Pub. L. 105-362, Sec. 1302(d), which directed the
    amendment of subsec. (e) by striking out par. (1) designation after
    "(e)" and striking out par. (2), could not be executed because par.
    (1) designation did not immediately follow "(e)" subsequent to
    amendment by Pub. L. 105-362, Sec. 801(e)(2). See above.
      Pub. L. 105-362, Sec. 801(e)(2), redesignated subsec. (f) as (e).
    Former subsec. (e) redesignated (d).
      Subsec. (f). Pub. L. 105-362, Sec. 801(e)(2), redesignated
    subsec. (f) as (e).
      1990 - Subsec. (b)(2). Pub. L. 101-509 substituted "a Deputy
    Secretary" for "an Under Secretary" before "or Assistant
    Secretary".
      1988 - Subsec. (c)(1). Pub. L. 100-581 substituted "an applicant
    or employee" for "an employee".

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in subsec. (b)(2)
    pursuant to section 509(b) of Pub. L. 96-88 which is classified to
    section 3508(b) of Title 20, Education.


-MISC2-
                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-509 effective on first day of first pay
    period beginning on or after Nov. 5, 1990, with continued service
    by incumbent Under Secretary of the Interior, see section 529
    [title I, Sec. 112(e)(1), (2)(B)] of Pub. L. 101-509, set out as a
    note under section 3404 of Title 20, Education.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    25 USC Sec. 473                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 473. Application generally

-STATUTE-
      The provisions of this Act shall not apply to any of the
    Territories, colonies, or insular possessions of the United States,
    except that sections 9, 10, 11, 12, and 16 [25 U.S.C. 469, 470,
    471, 472, 476] shall apply to the Territory of Alaska: Provided,
    That sections 4, 7, 16, 17, and 18 of this Act [25 U.S.C. 464, 467,
    476, 477, 478] shall not apply to the following-named Indian
    tribes, the members of such Indian tribes, together with members of
    other tribes affiliated with such named tribes located in the State
    of Oklahoma, as follows: Cheyenne, Arapaho, Apache, Comanche,
    Kiowa, Caddo, Delaware, Wichita, Osage, Kaw, Otoe, Tonkawa, Pawnee,
    Ponca, Shawnee, Ottawa, Quapaw, Seneca, Wyandotte, Iowa, Sac and
    Fox, Kickapoo, Pottawatomi, Cherokee, Chickasaw, Choctaw, Creek,
    and Seminole. Section 4 of this Act [25 U.S.C. 464] shall not apply
    to the Indians of the Klamath Reservation in Oregon.

-SOURCE-
    (June 18, 1934, ch. 576, Sec. 13, 48 Stat. 986; Pub. L. 101-301,
    Sec. 3(b), May 24, 1990, 104 Stat. 207.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is act June 18, 1934, which is
    classified generally to this subchapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1990 - Pub. L. 101-301 substituted "sections 4," for "sections 2,
    4," in proviso.

                       ADMISSION OF ALASKA AS STATE                   
      Admission of Alaska into the Union was accomplished Jan. 3, 1959,
    on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.
    c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,
    1958, 72 Stat. 339, set out as notes preceding section 21 of Title
    48, Territories and Insular Possessions.

-End-



-CITE-
    25 USC Sec. 473a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 473a. Application to Alaska

-STATUTE-
      Sections 461, 465, 467, 468, 475, 477, and 479 of this title
    shall after May 1, 1936, apply to the Territory of Alaska:
    Provided, That groups of Indians in Alaska not recognized prior to
    May 1, 1936, as bands or tribes, but having a common bond of
    occupation, or association, or residence within a well-defined
    neighborhood, community, or rural district, may organize to adopt
    constitutions and bylaws and to receive charters of incorporation
    and Federal loans under sections 470, 476, and 477 of this title.

-SOURCE-
    (May 1, 1936, ch. 254, Sec. 1, 49 Stat. 1250.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 362 of Title 48,
    Territories and Insular Possessions.


-MISC1-
                       ADMISSION OF ALASKA AS STATE                   
      Admission of Alaska into the Union was accomplished Jan. 3, 1959,
    on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.
    c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,
    1958, 72 Stat. 339, set out as notes preceding section 21 of Title
    48, Territories and Insular Possessions.

-End-



-CITE-
    25 USC Sec. 474                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 474. Continuation of allowances

-STATUTE-
      The Secretary of the Interior is directed to continue the
    allowance of the articles enumerated in section 17 of the Act of
    March 2, 1889 (23 Stat. L. 894), or their commuted cash value under
    the Act of June 10, 1896 (29 Stat. L. 334), to all Sioux Indians
    who would be eligible, but for the provisions of this Act, to
    receive allotments of lands in severalty under section 19 of the
    Act of May 29, 1908 (25 Stat. L. 451), or under any prior Act, and
    who have the prescribed status of the head of a family or single
    person over the age of eighteen years, and his approval shall be
    final and conclusive, claims therefor to be paid as formerly from
    the permanent appropriation made by said section 17 and carried on
    the books of the Treasury for this purpose. No person shall receive
    in his own right more than one allowance of the benefits, and
    application must be made and approved during the lifetime of the
    allottee or the right shall lapse. Such benefits shall continue to
    be paid upon such reservation until such such time as the lands
    available therein for allotment on June 18, 1934, would have been
    exhausted by the award to each person receiving such benefits of an
    allotment of eighty acres of such land.

-SOURCE-
    (June 18, 1934, ch. 576, Sec. 14, 48 Stat. 987.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 17 of the Act of March 2, 1889, referred to in text,
    probably means section 17 of act Mar. 2, 1889, ch. 405, 25 Stat.
    894, which contains a proviso that each head of family or single
    person over the age of eighteen years of the Sioux Nation of
    Indians, "who shall have or may hereafter take his or her allotment
    of land in severalty, shall be provided with two milch cows, one
    pair of oxen, with yoke and chain, or two mares and one set of
    harness in lieu of said oxen, yoke and chain, as the Secretary of
    the Interior may deem advisable, and they shall also receive one
    plow, one wagon, one harrow, one hoe, one axe, and one pitchfork,
    all suitable to the work they may have to do, and also fifty
    dollars in cash; to be expended under the direction of the
    Secretary of the Interior in aiding such Indians to erect a house
    and other buildings suitable for residence or the improvement of
    his allotment; no sales, barters or bargains shall be made by any
    person other than said Indians with each other, of any of the
    personal property hereinbefore provided for, and any violation of
    this provision shall be deemed a misdemeanor and punished by fine
    not exceeding one hundred dollars, or imprisonment not exceeding
    one year or both in the discretion of the court."
      Act of June 10, 1896, referred to in text, is act June 10, 1896,
    ch. 398, 29 Stat. 334, which contains a provision directing the
    Secretary of the Interior to ascertain the number of Sioux and
    Ponca Indians in South Dakota and Nebraska who would not be
    benefited by the fulfillment of the proviso quoted above from the
    act of March 2, 1889, and who desire to have the articles of
    personal property, therein mentioned converted into money, and in
    lieu of such articles of personal property, or any part thereof he
    may think proper, to convert or commute the same, or so much
    thereof as he may think proper, into money, and to pay the amount
    thereof to such Indians.
      This Act, referred to in text, is act June 18, 1934, which is
    classified generally to this subchapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of this title and Tables.
      Section 19 of the Act of May 29, 1908, referred to in text,
    probably means section 19 of act May 29, 1908, ch. 216, 35 Stat.
    451, which authorizes the Secretary of the Interior to cause
    allotments to be made under the provisions of act Mar. 2, 1889, ch.
    405, 25 Stat. 888, to any living children of the Sioux tribe of
    Indians belonging on any of the Great Sioux reservations affected
    thereby and who had not prior to May 29, 1908, been allotted, so
    long as the tribe to which such Indian children belong is possessed
    of any unallotted tribal or reservation lands. The section further
    provides that where, for any reason, an Indian did not receive the
    quantity of land to which he was entitled under the provisions of
    said act March 2, 1889, the Secretary of the Interior shall cause
    to be allotted to him sufficient additional lands on the
    reservation to which he belongs to make, together with the quantity
    of land theretofore allotted to him, the acreage to which he is
    entitled under said act March 2, 1889; and in case of the death of
    any such Indian, the additional lands to which he is of right
    entitled may be allotted to his heirs: Provided, the tribe to which
    he belonged is possessed of any unallotted tribal or reservation
    lands.


-MISC1-
                              APPROPRIATIONS                          
      Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was
    classified to section 725a of former Title 31, Money and Finance,
    repealed the permanent appropriation under the title "Civilization
    of the Sioux (4x950)" effective July 1, 1935, and provided that
    such portions of any Acts as make permanent appropriations to be
    expended under such account are amended so as to authorize, in lieu
    thereof, annual appropriations from the general fund of the
    Treasury in identical terms and in such amounts as now provided by
    the laws providing such permanent appropriations.

-End-



-CITE-
    25 USC Sec. 475                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 475. Claims or suits of Indian tribes against United States;
      rights unimpaired

-STATUTE-
      Nothing in this Act shall be construed to impair or prejudice any
    claim or suit of any Indian tribe against the United States. It is
    declared to be the intent of Congress that no expenditures for the
    benefit of Indians made out of appropriations authorized by said
    sections shall be considered as offsets in any suit brought to
    recover upon any claim of such Indians against the United States.

-SOURCE-
    (June 18, 1934, ch. 576, Sec. 15, 48 Stat. 987.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is act June 18, 1934, which is
    classified generally to this subchapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of this title and Tables.

-End-



-CITE-
    25 USC Sec. 475a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 475a. Offsets of gratuities

-STATUTE-
      In all suits now pending in the United States Court of Federal
    Claims by an Indian tribe or band which have not been tried or
    submitted, and in any suit hereafter filed in the United States
    Court of Federal Claims by any such tribe or band, the United
    States Court of Federal Claims is directed to consider and to
    offset against any amount found due the said tribe or band all sums
    expended gratuitously by the United States for the benefit of the
    said tribe or band; and in all cases now pending or hereafter filed
    in the United States Court of Federal Claims in which an Indian
    tribe or band is party plaintiff, wherein the duty of the court is
    merely to report its findings of fact and conclusions to Congress,
    the said United States Court of Federal Claims is directed to
    include in its report a statement of the amount of money which has
    been expended by the United States gratuitously for the benefit of
    the said tribe or band: Provided, That expenditures made prior to
    the date of the law, treaty, agreement, or Executive order under
    which the claims arise shall not be offset against the claims or
    claim asserted; and expenditures under the Act of June 18, 1934 (48
    Stat. L. 984) [25 U.S.C. 461 et seq.], except expenditures under
    appropriations made pursuant to section 5 of such Act [25 U.S.C.
    465], shall not be charged as offsets against any claim on behalf
    of an Indian tribe or tribes now pending in the United States Court
    of Federal Claims or hereafter filed: Provided further, That funds
    appropriated and expended from tribal funds shall not be construed
    as gratuities; and this section shall not be deemed to amend or
    affect the various Acts granting jurisdiction to the United States
    Court of Federal Claims to hear and determine the claims listed on
    page 678 of the hearings before the subcommittee of the House
    Committee on Appropriations on the second deficiency appropriation
    bill for the fiscal year 1935: And provided further, That no
    expenditure under any emergency appropriation or allotment made
    subsequently to March 4, 1933, and generally applicable throughout
    the United States for relief in stricken agricultural areas, relief
    from distress caused by unemployment and conditions resulting
    therefrom, the prosecution of public works and public projects for
    the relief of unemployment or to increase employment, and for work
    relief (including the civil-works program) shall be considered in
    connection with the operation of this section.

-SOURCE-
    (Aug. 12, 1935, ch. 508, Sec. 2, 49 Stat. 596; Pub. L. 97-164,
    title I, Sec. 160(a)(8), Apr. 2, 1982, 96 Stat. 48; Pub. L. 102-
    572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, referred to in text, popularly known as the
    Indian Reorganization Act, is classified generally to this
    subchapter. For complete classification of this Act to the Code,
    see Short Title note set out under section 461 of this title and
    Tables.


-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-572 substituted "United States Court of
    Federal Claims" for "United States Claims Court" wherever
    appearing.
      1982 - Pub. L. 97-164 substituted "United States Claims Court"
    for "Court of Claims" wherever appearing.

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
    911 of Pub. L. 102-572, set out as a note under section 171 of
    Title 28, Judiciary and Judicial Procedure.

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section
    402 of Pub. L. 97-164, set out as a note under section 171 of Title
    28, Judiciary and Judicial Procedure.

-End-



-CITE-
    25 USC Sec. 476                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 476. Organization of Indian tribes; constitution and bylaws
      and amendment thereof; special election

-STATUTE-
    (a) Adoption; effective date
      Any Indian tribe shall have the right to organize for its common
    welfare, and may adopt an appropriate constitution and bylaws, and
    any amendments thereto, which shall become effective when - 
        (1) ratified by a majority vote of the adult members of the
      tribe or tribes at a special election authorized and called by
      the Secretary under such rules and regulations as the Secretary
      may prescribe; and
        (2) approved by the Secretary pursuant to subsection (d) of
      this section.
    (b) Revocation
      Any constitution or bylaws ratified and approved by the Secretary
    shall be revocable by an election open to the same voters and
    conducted in the same manner as provided in subsection (a) of this
    section for the adoption of a constitution or bylaws.
    (c) Election procedure; technical assistance; review of proposals;
      notification of contrary-to-applicable law findings
      (1) The Secretary shall call and hold an election as required by
    subsection (a) of this section - 
        (A) within one hundred and eighty days after the receipt of a
      tribal request for an election to ratify a proposed constitution
      and bylaws, or to revoke such constitution and bylaws; or
        (B) within ninety days after receipt of a tribal request for
      election to ratify an amendment to the constitution and bylaws.

      (2) During the time periods established by paragraph (1), the
    Secretary shall - 
        (A) provide such technical advice and assistance as may be
      requested by the tribe or as the Secretary determines may be
      needed; and
        (B) review the final draft of the constitution and bylaws, or
      amendments thereto to determine if any provision therein is
      contrary to applicable laws.

      (3) After the review provided in paragraph (2) and at least
    thirty days prior to the calling of the election, the Secretary
    shall notify the tribe, in writing, whether and in what manner the
    Secretary has found the proposed constitution and bylaws or
    amendments thereto to be contrary to applicable laws.
    (d) Approval or disapproval by Secretary; enforcement
      (1) If an election called under subsection (a) of this section
    results in the adoption by the tribe of the proposed constitution
    and bylaws or amendments thereto, the Secretary shall approve the
    constitution and bylaws or amendments thereto within forty-five
    days after the election unless the Secretary finds that the
    proposed constitution and bylaws or any amendments are contrary to
    applicable laws.
      (2) If the Secretary does not approve or disapprove the
    constitution and bylaws or amendments within the forty-five days,
    the Secretary's approval shall be considered as given. Actions to
    enforce the provisions of this section may be brought in the
    appropriate Federal district court.
    (e) Vested rights and powers; advisement of presubmitted budget
      estimates
      In addition to all powers vested in any Indian tribe or tribal
    council by existing law, the constitution adopted by said tribe
    shall also vest in such tribe or its tribal council the following
    rights and powers: To employ legal counsel; to prevent the sale,
    disposition, lease, or encumbrance of tribal lands, interests in
    lands, or other tribal assets without the consent of the tribe; and
    to negotiate with the Federal, State, and local governments. The
    Secretary shall advise such tribe or its tribal council of all
    appropriation estimates or Federal projects for the benefit of the
    tribe prior to the submission of such estimates to the Office of
    Management and Budget and the Congress.
    (f) Privileges and immunities of Indian tribes; prohibition on new
      regulations
      Departments or agencies of the United States shall not promulgate
    any regulation or make any decision or determination pursuant to
    the Act of June 18, 1934 (25 U.S.C. 461 et seq., 48 Stat. 984) as
    amended, or any other Act of Congress, with respect to a federally
    recognized Indian tribe that classifies, enhances, or diminishes
    the privileges and immunities available to the Indian tribe
    relative to other federally recognized tribes by virtue of their
    status as Indian tribes.
    (g) Privileges and immunities of Indian tribes; existing
      regulations
      Any regulation or administrative decision or determination of a
    department or agency of the United States that is in existence or
    effect on May 31, 1994, and that classifies, enhances, or
    diminishes the privileges and immunities available to a federally
    recognized Indian tribe relative to the privileges and immunities
    available to other federally recognized tribes by virtue of their
    status as Indian tribes shall have no force or effect.
    (h) Tribal sovereignty
      Notwithstanding any other provision of this Act - 
        (1) each Indian tribe shall retain inherent sovereign power to
      adopt governing documents under procedures other than those
      specified in this section; and
        (2) nothing in this Act invalidates any constitution or other
      governing document adopted by an Indian tribe after June 18,
      1934, in accordance with the authority described in paragraph
      (1).

-SOURCE-
    (June 18, 1934, ch. 576, Sec. 16, 48 Stat. 987; Pub. L. 100-581,
    title I, Sec. 101, Nov. 1, 1988, 102 Stat. 2938; Pub. L. 103-263,
    Sec. 5(b), May 31, 1994, 108 Stat. 709; Pub. L. 106-179, Sec. 3,
    Mar. 14, 2000, 114 Stat. 47; Pub. L. 108-204, title I, Sec. 103,
    Mar. 2, 2004, 118 Stat. 543.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, and this Act, referred to in subsecs. (f)
    and (h), is act of June 18, 1934, ch. 576, 48 Stat. 984, popularly
    known as the Indian Reorganization Act, which is classified
    generally to this subchapter. For complete classification of this
    Act to the Code, see Short Title note set out under section 461 of
    this title and Tables.

-COD-
                               CODIFICATION                           
      May 31, 1994, referred to in subsec. (g), was in the original
    "the date of enactment of this Act", which was translated as
    meaning the date of enactment of Pub. L. 103-263, which enacted
    subsec. (g) of this section, to reflect the probable intent of
    Congress.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (h). Pub. L. 108-204 added subsec. (h).
      2000 - Subsec. (e). Pub. L. 106-179 struck out ", the choice of
    counsel and fixing of fees to be subject to the approval of the
    Secretary" after "To employ legal counsel".
      1994 - Subsecs. (f), (g). Pub. L. 103-263 added subsecs. (f) and
    (g).
      1988 - Pub. L. 100-581 amended section generally, substituting
    subsecs. (a) to (e) for two former undesignated pars.

                          DEFINITIONS APPLICABLE                      
      Section 102 of title I of Pub. L. 100-581 provided that: "For the
    purpose of this Act [probably means title I of Pub. L. 100-581
    which amended this section and enacted provisions set out below],
    the term - 
        "(1) 'applicable laws' means any treaty, Executive order or Act
      of Congress or any final decision of the Federal courts which are
      applicable to the tribe, and any other laws which are applicable
      to the tribe pursuant to an Act of Congress or by any final
      decision of the Federal courts;
        "(2) 'appropriate tribal request' means receipt in the Area
      Office of the Bureau of Indian Affairs having administrative
      jurisdiction over the requesting tribe, of a duly enacted tribal
      resolution requesting a Secretarial election as well as a copy of
      the proposed tribal constitution and bylaws, amendment, or
      revocation action;
        "(3) 'Secretary' means the Secretary of the Interior."

                AMENDMENT OF TRIBAL CONSTITUTION AND BYLAWS            
      Section 103 of title I of Pub. L. 100-581 provided that: "Nothing
    in this Act [probably means title I of Pub. L. 100-581 which
    amended this section and enacted provisions set out above] is
    intended to amend, revoke, or affect any tribal constitution,
    bylaw, or amendment ratified and approved prior to this Act."

-End-



-CITE-
    25 USC Sec. 477                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 477. Incorporation of Indian tribes; charter; ratification by
      election

-STATUTE-
      The Secretary of the Interior may, upon petition by any tribe,
    issue a charter of incorporation to such tribe: Provided, That such
    charter shall not become operative until ratified by the governing
    body of such tribe. Such charter may convey to the incorporated
    tribe the power to purchase, take by gift, or bequest, or
    otherwise, own, hold, manage, operate, and dispose of property of
    every description, real and personal, including the power to
    purchase restricted Indian lands and to issue in exchange therefor
    interests in corporate property, and such further powers as may be
    incidental to the conduct of corporate business, not inconsistent
    with law; but no authority shall be granted to sell, mortgage, or
    lease for a period exceeding twenty-five years any trust or
    restricted lands included in the limits of the reservation. Any
    charter so issued shall not be revoked or surrendered except by Act
    of Congress.

-SOURCE-
    (June 18, 1934, ch. 576, Sec. 17, 48 Stat. 988; Pub. L. 101-301,
    Sec. 3(c), May 24, 1990, 104 Stat. 207.)


-MISC1-
                                AMENDMENTS                            
      1990 - Pub. L. 101-301 substituted "by any tribe" for "by at
    least one-third of the adult Indians", "by the governing body of
    such tribe" for "at a special election by a majority vote of the
    adult Indians living on the reservation", and "twenty-five years
    any trust or restricted lands" for "ten years any of the land".

-End-



-CITE-
    25 USC Sec. 478                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 478. Acceptance optional

-STATUTE-
      This Act shall not apply to any reservation wherein a majority of
    the adult Indians, voting at a special election duly called by the
    Secretary of the Interior, shall vote against its application. It
    shall be the duty of the Secretary of the Interior, within one year
    after June 18, 1934, to call such an election, which election shall
    be held by secret ballot upon thirty days' notice.

-SOURCE-
    (June 18, 1934, ch. 576, Sec. 18, 48 Stat. 988.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is act June 18, 1934, which is
    classified generally to this subchapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of this title and Tables.


-MISC1-
                            EXTENSIONS OF TIME                        
      The time for holding an election under this section was extended
    to June 18, 1936, by act June 15, 1935, ch. 260, Sec. 2, 49 Stat.
    378.
      Act June 15, 1935, ch. 260, Sec. 3, 49 Stat. 378, provided that
    the periods of trust or the restrictions on alienation of Indian
    lands should be extended to Dec. 31, 1936, in case of a vote
    against the application of sections 461, 462, 463, 464, 465, 466 to
    470, 471, 472, 473, 474, 475, 476 to 478, and 479 of this title.

-End-



-CITE-
    25 USC Sec. 478-1                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 478-1. Mandatory application of sections 462 and 477

-STATUTE-
      Notwithstanding section 478 of this title, sections 462 and 477
    of this title shall apply to - 
        (1) all Indian tribes,
        (2) all lands held in trust by the United States for Indians,
      and
        (3) all lands owned by Indians that are subject to a
      restriction imposed by the United States on alienation of the
      rights of the Indians in the lands.

-SOURCE-
    (Pub. L. 101-301, Sec. 3(a), May 24, 1990, 104 Stat. 207.)

-End-



-CITE-
    25 USC Sec. 478a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 478a. Procedure

-STATUTE-
      In any election heretofore or hereafter held under the Act of
    June 18, 1934 (48 Stat. 984) [25 U.S.C. 461 et seq.], on the
    question of excluding a reservation from the application of the
    said Act or on the question of adopting a constitution and bylaws
    or amendments thereto or on the question of ratifying a charter,
    the vote of a majority of those actually voting shall be necessary
    and sufficient to effectuate such exclusion, adoption, or
    ratification, as the case may be: Provided, however, That in each
    instance the total vote cast shall not be less than 30 per centum
    of those entitled to vote.

-SOURCE-
    (June 15, 1935, ch. 260, Sec. 1, 49 Stat. 378.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, referred to in text, popularly known as the
    Indian Reorganization Act, is classified generally to this
    subchapter. For complete classification of this Act to the Code,
    see Short Title note set out under section 461 of this title and
    Tables.

-End-



-CITE-
    25 USC Sec. 478b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 478b. Application of laws and treaties

-STATUTE-
      All laws, general and special, and all treaty provisions
    affecting any Indian reservation which has voted or may vote to
    exclude itself from the application of the Act of June 18, 1934 (48
    Stat. 984) [25 U.S.C. 461 et seq.], shall be deemed to have been
    continuously effective as to such reservation, notwithstanding the
    passage of said Act of June 18, 1934. Nothing in the Act of June
    18, 1934, shall be construed to abrogate or impair any rights
    guaranteed under any existing treaty with any Indian tribe, where
    such tribe voted not to exclude itself from the application of said
    Act.

-SOURCE-
    (June 15, 1935, ch. 260, Sec. 4, 49 Stat. 378.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, referred to in text, popularly known as the
    Indian Reorganization Act, is classified generally to this
    subchapter. For complete classification of this Act to the Code,
    see Short Title note set out under section 461 of this title and
    Tables.

-End-



-CITE-
    25 USC Sec. 479                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 479. Definitions

-STATUTE-
      The term "Indian" as used in this Act shall include all persons
    of Indian descent who are members of any recognized Indian tribe
    now under Federal jurisdiction, and all persons who are descendants
    of such members who were, on June 1, 1934, residing within the
    present boundaries of any Indian reservation, and shall further
    include all other persons of one-half or more Indian blood. For the
    purposes of this Act, Eskimos and other aboriginal peoples of
    Alaska shall be considered Indians. The term "tribe" wherever used
    in this Act shall be construed to refer to any Indian tribe,
    organized band, pueblo, or the Indians residing on one reservation.
    The words "adult Indians" wherever used in this Act shall be
    construed to refer to Indians who have attained the age of twenty-
    one years.

-SOURCE-
    (June 18, 1934, ch. 576, Sec. 19, 48 Stat. 988.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is act June 18, 1934, which is
    classified generally to this subchapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of this title and Tables.


-MISC1-
                       ADMISSION OF ALASKA AS STATE                   
      Admission of Alaska into the Union was accomplished Jan. 3, 1959,
    on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.
    c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,
    1958, 72 Stat. 339, set out as notes preceding section 21 of Title
    48, Territories and Insular Possessions.

-End-



-CITE-
    25 USC Sec. 479a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 479a. Definitions

-STATUTE-
      For the purposes of this title: (!1)

        (1) The term "Secretary" means the Secretary of the Interior.
        (2) The term "Indian tribe" means any Indian or Alaska Native
      tribe, band, nation, pueblo, village or community that the
      Secretary of the Interior acknowledges to exist as an Indian
      tribe.
        (3) The term "list" means the list of recognized tribes
      published by the Secretary pursuant to section 479a-1 of this
      title.

-SOURCE-
    (Pub. L. 103-454, title I, Sec. 102, Nov. 2, 1994, 108 Stat. 4791.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This title, referred to in introductory provisions, is title I of
    Pub. L. 103-454, Nov. 2, 1994, 108 Stat. 4791, which enacted this
    section, section 479a-1 of this title, and provisions set out as
    notes below. For complete classification of this title to the Code,
    see Short Title note below and Tables.


-MISC1-
                                SHORT TITLE                            
      Section 101 of title I of Pub. L. 103-454 provided that: "This
    title [enacting this section and section 479a-1 of this title and
    provisions set out below] may be cited as the 'Federally Recognized
    Indian Tribe List Act of 1994'."

                          CONGRESSIONAL FINDINGS                      
      Section 103 of Pub. L. 103-454 provided that: "The Congress finds
    that - 
        "(1) the Constitution, as interpreted by Federal case law,
      invests Congress with plenary authority over Indian Affairs;
        "(2) ancillary to that authority, the United States has a trust
      responsibility to recognized Indian tribes, maintains a
      government-to-government relationship with those tribes, and
      recognizes the sovereignty of those tribes;
        "(3) Indian tribes presently may be recognized by Act of
      Congress; by the administrative procedures set forth in part 83
      of the Code of Federal Regulations denominated 'Procedures for
      Establishing that an American Indian Group Exists as an Indian
      Tribe;' or by a decision of a United States court;
        "(4) a tribe which has been recognized in one of these manners
      may not be terminated except by an Act of Congress;
        "(5) Congress has expressly repudiated the policy of
      terminating recognized Indian tribes, and has actively sought to
      restore recognition to tribes that previously have been
      terminated;
        "(6) the Secretary of the Interior is charged with the
      responsibility of keeping a list of all federally recognized
      tribes;
        "(7) the list published by the Secretary should be accurate,
      regularly updated, and regularly published, since it is used by
      the various departments and agencies of the United States to
      determine the eligibility of certain groups to receive services
      from the United States; and
        "(8) the list of federally recognized tribes which the
      Secretary publishes should reflect all of the federally
      recognized Indian tribes in the United States which are eligible
      for the special programs and services provided by the United
      States to Indians because of their status as Indians."

-FOOTNOTE-               

    (!1) See References in Text note below.


-End-



-CITE-
    25 USC Sec. 479a-1                                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 479a-1. Publication of list of recognized tribes

-STATUTE-
    (a) Publication of list
      The Secretary shall publish in the Federal Register a list of all
    Indian tribes which the Secretary recognizes to be eligible for the
    special programs and services provided by the United States to
    Indians because of their status as Indians.
    (b) Frequency of publication
      The list shall be published within 60 days of November 2, 1994,
    and annually on or before every January 30 thereafter.

-SOURCE-
    (Pub. L. 103-454, title I, Sec. 104, Nov. 2, 1994, 108 Stat. 4792.)

-End-



-CITE-
    25 USC Sec. 480                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 480. Indians eligible for loans

-STATUTE-
      On and after May 10, 1939, no individual of less than one-quarter
    degree of Indian blood shall be eligible for a loan from funds made
    available in accordance with the provisions of the Act of June 18,
    1934 (48 Stat. 986) [25 U.S.C. 461 et seq.], and the Act of June
    26, 1936 (49 Stat. 1967) [25 U.S.C. 501 et seq.].

-SOURCE-
    (May 10, 1939, ch. 119, Sec. 1, 53 Stat. 698.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, referred to in text, popularly known as the
    Indian Reorganization Act, is classified generally to this
    subchapter. For complete classification of this Act to the Code,
    see Short Title note set out under section 461 of this title and
    Tables.
      Act of June 26, 1936, referred to in text, popularly known as the
    Oklahoma Welfare Act, is classified generally to subchapter VIII
    (Sec. 501 et seq.) of this chapter. For complete classification of
    this Act to the Code, see Short Title note set out under section
    501 of this title and Tables.

-End-



-CITE-
    25 USC Sec. 481                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 481. Omitted

-COD-
                               CODIFICATION                           
      Section, act July 2, 1942, ch. 473, Sec. 1, 56 Stat. 513, which
    related to an allowance to Indians traveling away from home
    involved in tribal organization work, was from the Interior
    Department Appropriation Act, 1943, and was not repeated in
    subsequent appropriations acts.

-End-



-CITE-
    25 USC Sec. 482                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 482. Revolving fund; loans; regulations

-STATUTE-
      The Secretary of the Interior, or his designated representative,
    is authorized, under such regulations as the Secretary may
    prescribe, to make loans from the revolving fund established
    pursuant to the Acts of June 18, 1934 (48 Stat. 984) [25 U.S.C. 461
    et seq.], and June 26, 1936 (49 Stat. 1967) [25 U.S.C. 501 et
    seq.], to tribes, bands, groups, and individual Indians, not
    otherwise eligible for loans under said Acts: Provided, That no
    portion of these funds shall be loaned to Indians of less than one-
    quarter Indian blood.

-SOURCE-
    (May 7, 1948, ch. 266, 62 Stat. 211.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, referred to in text, popularly known as the
    Indian Reorganization Act, is classified generally to this
    subchapter. Provisions of the Act establishing the revolving fund
    are set out in section 470 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of this title and Tables.
      Act of June 26, 1936, referred to in text, popularly known as the
    Oklahoma Welfare Act, is classified generally to subchapter VIII
    (Sec. 501 et seq.) of this chapter. Provisions of the Act relating
    to the revolving fund appear in section 506 of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 501 of this title and Tables.
      Funds in the revolving fund authorized by these Acts, and certain
    other sums, to be administered after Apr. 12, 1974, as a single
    Indian Revolving Loan Fund, see section 1461 of this title.

-End-



-CITE-
    25 USC Sec. 483                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 483. Sale of land by individual Indian owners

-STATUTE-
      The Secretary of the Interior, or his duly authorized
    representative, is authorized in his discretion, and upon
    application of the Indian owners, to issue patents in fee, to
    remove restrictions against alienation, and to approve conveyances,
    with respect to lands or interests in lands held by individual
    Indians under the provisions of the Act of June 18, 1934 (48 Stat.
    984) [25 U.S.C. 461 et seq.], or the Act of June 26, 1936 (49 Stat.
    1967) [25 U.S.C. 501 et seq.].

-SOURCE-
    (May 14, 1948, ch. 293, 62 Stat. 236.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, referred to in text, popularly known as the
    Indian Reorganization Act, is classified generally to this
    subchapter. For complete classification of this Act to the Code,
    see Short Title note set out under section 461 of this title and
    Tables.
      Act of June 26, 1936, referred to in text, popularly known as the
    Oklahoma Welfare Act, is classified generally to subchapter VIII
    (Sec. 501 et seq.) of this chapter. For complete classification of
    this Act to the Code, see Short Title note set out under section
    501 of this title and Tables.

-End-



-CITE-
    25 USC Sec. 483a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 483a. Mortgages and deeds of trust by individual Indian
      owners; removal from trust or restricted status; application to
      Secretary

-STATUTE-
      (a) The individual Indian owners of any land which either is held
    by the United States in trust for them or is subject to a
    restriction against alienation imposed by the United States are
    authorized, subject to approval by the Secretary of the Interior,
    to execute a mortgage or deed of trust to such land. Such land
    shall be subject to foreclosure or sale pursuant to the terms of
    such mortgage or deed of trust in accordance with the laws of the
    tribe which has jurisdiction over such land or, in the case where
    no tribal foreclosure law exists, in accordance with the laws of
    the State or Territory in which the land is located. For the
    purpose of any foreclosure or sale proceeding the Indian owners
    shall be regarded as vested with an unrestricted fee simple title
    to the land, the United States shall not be a necessary party to
    the proceeding, and any conveyance of the land pursuant to the
    proceeding shall divest the United States of title to the land. All
    mortgages and deeds of trust to such land heretofore approved by
    the Secretary of the Interior are ratified and confirmed.
      (b) In the event such land is acquired by an Indian or an Indian
    tribe, such land shall not be removed from trust or restricted
    status except upon application to the Secretary under existing law.

-SOURCE-
    (Mar. 29, 1956, ch. 107, 70 Stat. 62; Pub. L. 98-608, Sec. 2, Oct.
    30, 1984, 98 Stat. 3173; Pub. L. 101-644, title III, Sec. 301(c),
    Nov. 29, 1990, 104 Stat. 4667.)


-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (a). Pub. L. 101-644 inserted "tribe which has
    jurisdiction over such land or, in the case where no tribal
    foreclosure law exists, in accordance with the laws of the" before
    "State" in second sentence.
      1984 - Pub. L. 98-608 designated existing provisions as subsec.
    (a) and added subsec. (b).

-End-



-CITE-
    25 USC Sec. 484                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 484. Conversion of exchange assignments of tribal lands on
      certain Sioux reservations into trust titles; trust and tax
      exemption

-STATUTE-
      From and after July 14, 1954, each grant of exchange assignment
    of tribal lands on the Cheyenne River Sioux Reservation and the
    Standing Rock Sioux Reservation shall have the same force and
    effect, and shall confer the same rights, including all timber,
    mineral, and water rights now vested in or held by the Cheyenne
    River Sioux Tribe or the Standing Rock Sioux Tribe, upon the holder
    or holders thereof, that are conveyed by a trust patent issued
    pursuant to section 348 of this title, as supplemented, except that
    the period of trust and tax exemption shall continue until
    otherwise directed by Congress.

-SOURCE-
    (July 14, 1954, ch. 472, Sec. 1, 68 Stat. 467.)

-End-



-CITE-
    25 USC Sec. 485                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 485. Payment to assignment holders of moneys collected for use
      of subsurface rights

-STATUTE-
      The Cheyenne River Sioux Tribe and the Standing Rock Sioux Tribe
    are authorized to pay to each holder of an exchange assignment of
    tribal lands all moneys collected by the tribe for the lease or use
    of subsurface rights in such lands.

-SOURCE-
    (July 14, 1954, ch. 472, Sec. 2, 68 Stat. 468.)

-End-



-CITE-
    25 USC Sec. 486                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 486. Regulations

-STATUTE-
      The Secretary of the Interior is authorized to prescribe such
    regulations as may be necessary to carry out the provisions of
    sections 484 to 486 of this title.

-SOURCE-
    (July 14, 1954, ch. 472, Sec. 3, 68 Stat. 468.)

-End-



-CITE-
    25 USC Sec. 487                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 487. Spokane Indian Reservation; consolidations of land

-STATUTE-
    (a) Purchase, sale, and exchange
      For the purpose of effecting consolidations of land situated
    within the Spokane Indian Reservation in the State of Washington
    into the ownership of the tribe and of individual tribal members
    and for the purpose of attaining and preserving an economic land
    base for Indian use, alleviating problems of Indian heirship and
    assisting in the productive leasing, disposition, and other use of
    tribal lands, the Secretary of the Interior is authorized in his
    discretion to:
      (1) Purchase for the Spokane Tribe of Indians with any funds of
    such tribe and to otherwise acquire by gift, exchange, or
    relinquishment any lands or interest in lands or improvements
    thereon within the Spokane Indian Reservation.
      (2) Sell or approve sales of any tribal trust lands, any interest
    therein or improvements thereon.
      (3) Exchange any tribal trust lands, including interests therein
    or improvements thereon, for any lands situated within such
    reservation.
    (b) Individual Indian trust lands
      The Secretary of the Interior is authorized to sell and exchange
    individual Indian trust lands held in multiple ownership to the
    Spokane Tribe or to individual members thereof if the sale or
    exchange is authorized in writing by owners of at least a majority
    interest in such lands; except that no greater percentage of
    approval of individual Indians shall be required under this Act
    than in any other statute of general application approved by
    Congress.
    (c) Nontaxability
      Title to lands, or any interests therein, acquired pursuant to
    this Act for the Spokane Tribe or individual enrolled members
    thereof, shall be taken in the name of the United States of America
    in trust for the tribe or individual Indian, and shall be
    nontaxable as other tribal and allotted Indian trust lands of the
    Spokane Reservation.
    (d) Lands held by mortgage or deed of trust
      That any tribal land that may be sold pursuant to this Act may,
    with the approval of the Secretary of the Interior, be encumbered
    by a mortgage or deed of trust and shall be subject to foreclosure
    or sale pursuant to the terms of such a mortgage or deed of trust
    in accordance with the laws of the State of Washington. The United
    States shall be an indispensable party to any such proceeding with
    the right of removal of the clause to the United States district
    court for the district in which the land is located, following the
    procedure in section 1446 of title 28: Provided, That the United
    States shall have the right to appeal from any order of remand in
    the case.
    (e) Acquisition and sale procedures; land purchase and
      consolidation program
      The acquisition and sale of lands for the Spokane Tribe pursuant
    to this Act shall be upon request of the business council of the
    Spokane Tribe, evidenced by a resolution adopted in accordance with
    the constitution and bylaws of the tribe, and shall be in
    accordance with a land purchase and consolidation plan approved by
    the Secretary of the Interior, and except as it may otherwise be
    authorized or prescribed by the Secretary, shall be limited to
    lands situated within the boundary of the Spokane Reservation. Such
    acquisition by the Spokane Tribe, or individual members thereof,
    may be achieved by exchange of lands with Indians or non-Indians as
    well as outright purchase, with adjusting payments to approximate
    equal value. Moneys or credits received by the tribe in the sale of
    lands shall be used for the purchase of other lands, or for such
    other purpose as may be consistent with the land purchase and
    consolidation program, approved by the Secretary of the Interior.

-SOURCE-
    (Pub. L. 90-335, Sec. 1(a)-(e), June 10, 1968, 82 Stat. 174; Pub.
    L. 93-286, May 21, 1974, 88 Stat. 142.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsecs. (c), (d), and (e), is Pub. L.
    90-335, June 10, 1968, 82 Stat. 174, as amended, which enacted this
    section and amended section 415 of this title. For complete
    classification of this Act to the Code, see Tables.

-COD-
                               CODIFICATION                           
      Section is comprised of subsecs. (a) to (e) of section 1 of Pub.
    L. 90-335. Subsec. (f) of section 1 of Pub. L. 90-335 amended
    section 415 of this title.


-MISC1-
                                AMENDMENTS                            
      1974 - Subsec. (c). Pub. L. 93-286 substituted "for the Spokane
    Tribe or individual" for "by the Spokane Tribe or individual", and
    struck out proviso that the value on nontrust lands, or nontrust
    interests in land, acquired under this section by the Spokane Tribe
    during any twelve-month period shall not exceed the value of lands,
    or interests in land, that passed in any manner from a nontaxable
    trust status to a taxable fee status within the boundaries of the
    Spokane Reservation in Stevens County, Washington, during the
    twelve-month period preceding acquisition by the tribe.

-End-



-CITE-
    25 USC Sec. 488                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 488. Agricultural loans to acquire land within reservations

-STATUTE-
      The Secretary of Agriculture is authorized to make loans from the
    Farmers Home Administration Direct Loan Account created by section
    1988(c) (!1) of title 7, and to make and insure loans as provided
    in sections 1928 (!1) and 1929 of title 7, to any Indian tribe
    recognized by the Secretary of the Interior or tribal corporation
    established pursuant to the Indian Reorganization Act (25 U.S.C.
    477), which does not have adequate uncommitted funds, to acquire
    lands or interests therein within the tribe's reservation as
    determined by the Secretary of the Interior, or within a community
    in Alaska incorporated by the Secretary pursuant to the Indian
    Reorganization Act [25 U.S.C. 461 et seq.], for use of the tribe or
    the corporation or the members of either. Such loans shall be
    limited to such Indian tribes or tribal corporations as have
    reasonable prospects of success in their proposed operations and as
    are unable to obtain sufficient credit elsewhere at reasonable
    rates and terms to finance the purposes authorized in sections 488
    to 494 of this title.


-SOURCE-
    (Pub. L. 91-229, Sec. 1, Apr. 11, 1970, 84 Stat. 120.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1988(c) of title 7, referred to in text, was repealed by
    Pub. L. 104-127, title VII, Sec. 749(a)(1), Apr. 4, 1996, 110 Stat.
    1129.
      Section 1928 of title 7, referred to in text, was amended
    generally by Pub. L. 104-127, title VI, Sec. 605, Apr. 4, 1996, 110
    Stat. 1086, and, as so amended, no longer contains provisions
    relating to insurance of loans.
      Tribal corporation established by the Indian Reorganization Act
    (25 U.S.C. 477), referred to in text, means a tribal corporation
    established under act June 18, 1934, ch. 576, Sec. 17, 48 Stat.
    988, which is classified to section 477 of this title.
      The Indian Reorganization Act, referred to in text, is act June
    18, 1934, ch. 576, 48 Stat. 984, as amended, which is classified
    generally to this subchapter. For complete classification of this
    Act to the Code, see Short Title note set out under section 461 of
    this title and Tables.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    25 USC Sec. 489                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 489. Title in trust to United States

-STATUTE-
      Title to land acquired by a tribe or tribal corporation with a
    loan made or insured pursuant to sections 488 to 494 of this title
    may, with the approval of the Secretary of the Interior, be taken
    by the United States in trust for the tribe or tribal corporation.

-SOURCE-
    (Pub. L. 91-229, Sec. 2, Apr. 11, 1970, 84 Stat. 120.)

-End-



-CITE-
    25 USC Sec. 490                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 490. Tribal rights and privileges in connection with loans

-STATUTE-
      A tribe or tribal corporation to which a loan is made or insured
    pursuant to sections 488 to 494 of this title (1) may waive in
    writing any immunity from suit or liability which it may possess,
    (2) may mortgage or otherwise hypothecate trust or restricted
    property if (a) authorized by its constitution or charter or by a
    tribal referendum, and (b) approved by the Secretary of the
    Interior, and (3) shall comply with rules and regulations
    prescribed by the Secretary of Agriculture in connection with such
    loans.

-SOURCE-
    (Pub. L. 91-229, Sec. 3, Apr. 11, 1970, 84 Stat. 120.)

-End-



-CITE-
    25 USC Sec. 491                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 491. Mortgaged property governed by State law

-STATUTE-
      Trust or restricted tribal or tribal corporation property
    mortgaged pursuant to sections 488 to 494 of this title shall be
    subject to foreclosure and sale or conveyance in lieu of
    foreclosure, free of such trust or restrictions, in accordance with
    the laws of the State in which the property is located.

-SOURCE-
    (Pub. L. 91-229, Sec. 4, Apr. 11, 1970, 84 Stat. 120.)

-End-



-CITE-
    25 USC Sec. 492                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 492. Interest rates and taxes

-STATUTE-
      Loans made or insured pursuant to sections 488 to 494 of this
    title will be subject to the interest rate provisions of section
    307(a)(3)(B) of the Consolidated Farmers Home Administration Act of
    1961, as amended [7 U.S.C. 1927(a)(3)(B)], and to the provisions of
    subtitle D of that Act [7 U.S.C. 1981 et seq.] except sections 340
    [7 U.S.C. 1990], 341, 342 [7 U.S.C. 1013a], and 343 [7 U.S.C. 1991]
    thereof: Provided, That section 334 [7 U.S.C. 1984] thereof shall
    not be construed to subject to taxation any lands or interests
    therein while they are held by an Indian tribe or tribal
    corporation or by the United States in trust for such tribe or
    tribal corporation pursuant to sections 488 to 494 of this title.

-SOURCE-
    (Pub. L. 91-229, Sec. 5, Apr. 11, 1970, 84 Stat. 120; Pub. L. 101-
    624, title XVIII, Sec. 1854(a), Nov. 28, 1990, 104 Stat. 3837.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Consolidated Farmers Home Administration Act of 1961,
    referred to in text, is now the Consolidated Farm and Rural
    Development Act (Pub. L. 87-128, title III, Aug. 8, 1961, 75 Stat.
    307, as amended). Subtitle D of the Consolidated Farm and Rural
    Development Act is classified principally to subchapter IV (Sec.
    1981 et seq.) of chapter 50 of Title 7, Agriculture. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1921 of Title 7 and Tables.
      Section 341 of that Act is set out as a note under section 1921
    of Title 7.


-MISC1-
                                AMENDMENTS                            
      1990 - Pub. L. 101-624 substituted "section 307(a)(3)(B)" for
    "section 307(a)".

-End-



-CITE-
    25 USC Sec. 493                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 493. Reduction of unpaid principal

-STATUTE-
    (a) In general
      The Secretary of Agriculture may, on the application of the
    borrower of a loan or loans made under sections 488 to 494 of this
    title, reduce the unpaid principal balance of such loan or loans to
    the current fair market value of the land purchased with the
    proceeds of the loan or loans if - 
        (1) the fair market value of the land has declined by at least
      25 percent since such land was purchased by the borrower;
        (2) the land has been held by the borrower for a period of at
      least 5 years; and
        (3) the Secretary of the Interior finds that the borrower has
      insufficient income to both repay the loan or loans and provide
      normal tribal governmental services.
    (b) Fair market value
      (1) Appraisal
        Current fair market value under subsection (a) of this section
      shall be determined through an appraisal by an independent
      qualified fee appraiser, selected by mutual agreement between the
      borrower and the Secretary of Agriculture.
      (2) Costs
        The cost of appraisals undertaken under paragraph (1) shall be
      paid by the borrower.
    (c) Appeals
      Decisions of the Secretary of Agriculture under this section
    shall be appealable in accordance with the provisions of section
    333B (!1) of the Consolidated Farm and Rural Development Act (7
    U.S.C. 1983b).

    (d) Future applications
      A borrower that had a loan or loans reduced under this section
    shall not submit an application for another reduction on such loan
    or loans for a period of 5 years after the initial reduction.

-SOURCE-
    (Pub. L. 91-229, Sec. 6, as added Pub. L. 101-82, title III, Sec.
    303, Aug. 14, 1989, 103 Stat. 583.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 333B of the Consolidated Farm and Rural Development Act
    (7 U.S.C. 1983b), referred to in subsec. (c), was repealed by Pub.
    L. 103-354, title II, Sec. 281(c), Oct. 13, 1994, 108 Stat. 3233.

-COD-
                               CODIFICATION                           
      Another section 6 of Pub. L. 91-229 was added by Pub. L. 101-624,
    title XVIII, Sec. 1854(b), Nov. 28, 1990, 104 Stat. 3837, and is
    classified to section 494 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    25 USC Sec. 494                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 494. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated to carry out sections 488
    to 494 of this title $8,000,000 for each of the fiscal years 1991
    through 1995.

-SOURCE-
    (Pub. L. 91-229, Sec. 6, as added Pub. L. 101-624, title XVIII,
    Sec. 1854(b), Nov. 28, 1990, 104 Stat. 3837.)

-COD-
                               CODIFICATION                           
      Another section 6 of Pub. L. 91-229 was added by Pub. L. 101-82,
    title III, Sec. 303, Aug. 14, 1989, 103 Stat. 583, and is
    classified to section 493 of this title.

-End-



-CITE-
    25 USC Sec. 494a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

-HEAD-
    Sec. 494a. Certification of rental proceeds

-STATUTE-
      Notwithstanding any other provision of law, any actual rental
    proceeds from the lease of land acquired under section 488 of this
    title certified by the Secretary of the Interior shall be deemed - 
        (1) to constitute the rental value of that land; and
        (2) to satisfy the requirement for appraisal of that land.

-SOURCE-
    (Pub. L. 109-221, title II, Sec. 203, May 12, 2006, 120 Stat. 341.)

-End-


-CITE-
    25 USC SUBCHAPTER VI - INDIANS OF ALASKA                    01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER VI - INDIANS OF ALASKA

-HEAD-
                     SUBCHAPTER VI - INDIANS OF ALASKA                 

-End-



-CITE-
    25 USC Sec. 495                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER VI - INDIANS OF ALASKA

-HEAD-
    Sec. 495. Annette Islands reserved for Metlakahtla Indians

-STATUTE-
      Until otherwise provided by law the body of lands known as
    Annette Islands, situated in Alexander Archipelago in southeastern
    Alaska on the north side of Dixon's entrance, is set apart as a
    reservation for the use of the Metlakahtla Indians, and those
    people known as Metlakahtlans who, on March 3, 1891, had recently
    emigrated from British Columbia to Alaska, and such other Alaskan
    natives as may join them, to be held and used by them in common,
    under such rules and regulations, and subject to such restrictions,
    as may be prescribed from time to time by the Secretary of the
    Interior.

-SOURCE-
    (Mar. 3, 1891, ch. 561, Sec. 15, 26 Stat. 1101.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 358 of Title 48,
    Territories and Insular Possessions.

-End-



-CITE-
    25 USC Secs. 496, 497                                       01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER VI - INDIANS OF ALASKA

-HEAD-
    Secs. 496, 497. Repealed.

-MISC1-
    Secs. 496, 497. Repealed. Pub. L. 94-579, title VII, Sec. 704(a),
      Oct. 21, 1976, 90 Stat. 2792.
      Section 496, act May 1, 1936, ch. 254, Sec. 2, 49 Stat. 1250,
    authorized Secretary of the Interior to designate as an Indian
    reservation any area of land which has been reserved for use and
    occupancy of Indians or Eskimos under sections 280a or 495 of this
    title, executive order, etc. Section was formerly classified to
    section 358a of Title 48, Territories and Insular Possessions.
      Section 497, act May 31, 1938, ch. 304, 52 Stat. 593, authorized
    Secretary of the Interior to reserve tracts for schools, hospitals,
    etc., in Alaska for Indians, Eskimos, and Aleuts. Section was
    formerly classified to section 353a of Title 48.

                         EFFECTIVE DATE OF REPEAL                     
      Section 704(a) of Pub. L. 94-579 provided that the repeal is
    effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of Title 43, Public Lands.

-End-


-CITE-
    25 USC SUBCHAPTER VII - REINDEER INDUSTRY                   01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER VII - REINDEER INDUSTRY

-HEAD-
                    SUBCHAPTER VII - REINDEER INDUSTRY                

-End-



-CITE-
    25 USC Sec. 500                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER VII - REINDEER INDUSTRY

-HEAD-
    Sec. 500. Purpose

-STATUTE-
      A necessity for providing means of subsistence for the Eskimos
    and other natives of Alaska is hereby declared to exist. It is also
    declared to be the policy of Congress, and the purpose of this
    subchapter, to establish and maintain for the said natives of
    Alaska a self-sustaining economy by acquiring and organizing for
    and on behalf of said natives a reindeer industry or business, by
    encouraging and developing native activity and responsibility in
    all branches of the said industry or business, and by preserving
    the native character of the said industry or business thus
    established.

-SOURCE-
    (Sept. 1, 1937, ch. 897, Sec. 1, 50 Stat. 900.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 250 of Title 48,
    Territories and Insular Possessions.


-MISC1-
                                SHORT TITLE                            
      Act Sept. 1, 1937, ch. 897, 500 Stat. 900, as amended, which
    enacted this subchapter, is popularly known as the "Reindeer
    Industry Act of 1937".

                                  REPEALS                              
      Section 17 of act Sept. 1, 1937, provided: "All Acts of Congress
    or parts thereof which are inconsistent with the provisions of this
    Act are hereby repealed."

                      AUTHORIZATION OF APPROPRIATIONS                  
      Section 16 of act Sept. 1, 1937, authorized the appropriation of
    $2,000,000 for the use of the Secretary of the Interior in carrying
    out this subchapter.

-End-



-CITE-
    25 USC Sec. 500a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER VII - REINDEER INDUSTRY

-HEAD-
    Sec. 500a. Acquisition of reindeer and other property

-STATUTE-
      The Secretary of the Interior is hereby authorized and directed,
    to acquire, in the name of the United States, by purchase or other
    lawful means, including exercise of the power of eminent domain,
    for and on behalf of the Eskimos and other natives of Alaska,
    reindeer, reindeer-range equipment, abattoirs, cold-storage plants,
    warehouses, and other property, real or personal, the acquisition
    of which he determines to be necessary to the effectuation of the
    purposes of this subchapter. Any condemnation proceedings
    undertaken by virtue of the authority granted in this section shall
    conform, as nearly as may be, to the procedure provided for the
    condemnation of real estate by section 3113 of title 40, or to that
    provided by sections 3114 to 3116 and 3118 of title 40: Provided,
    That nothing herein contained shall authorize the Secretary of the
    Interior to consolidate native-owned herds of reindeer with herds
    owned by others than natives prior to the purchase or acquisition
    of such herds of others than natives.

-SOURCE-
    (Sept. 1, 1937, ch. 897, Sec. 2, 50 Stat. 900.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 250a of Title 48,
    Territories and Insular Possessions.
      "Section 3113 of title 40" substituted in text for "the Act of
    August 1, 1888 (Chapter 728)" and "sections 3114 to 3116 and 3118
    of title 40" substituted in text for "the Act of February 26, 1931
    (Chapter 307)" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21,
    2002, 116 Stat. 1303, the first section of which enacted Title 40,
    Public Buildings, Property, and Works.

-End-



-CITE-
    25 USC Sec. 500b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER VII - REINDEER INDUSTRY

-HEAD-
    Sec. 500b. Filing claim of title to reindeer by nonnatives

-STATUTE-
      All persons, other than natives of Alaska, who upon September 1,
    1937, claim title to any Alaskan reindeer shall, within one year
    after September 1, 1937, file in Alaska, with the duly authorized
    agent or agents of the Secretary of the Interior, declarations of
    their ownership. Similar declarations concerning Alaskan reindeer
    acquired by any person not a native of Alaska by purchase or by
    gift at any time after September 1, 1937, shall be filed as
    aforesaid within thirty days after the date of such acquisition.
    Records of all declarations thus filed shall be made and kept open
    to public inspection in Alaska. If any owner of Alaskan reindeer,
    to whom the foregoing provisions of this section are applicable,
    shall fail to file the required declaration within the stated
    period, he shall be barred thereafter from asserting his claim of
    title.

-SOURCE-
    (Sept. 1, 1937, ch. 897, Sec. 3, 50 Stat. 900.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 250b of Title 48,
    Territories and Insular Possessions.

-End-



-CITE-
    25 USC Sec. 500c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER VII - REINDEER INDUSTRY

-HEAD-
    Sec. 500c. Acceptance of gifts

-STATUTE-
      The Secretary of the Interior is hereby authorized to receive, in
    the name of the United States, for and on behalf of said natives of
    Alaska, gifts made for the purposes of this subchapter.

-SOURCE-
    (Sept. 1, 1937, ch. 897, Sec. 4, 50 Stat. 900.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 250c of Title 48,
    Territories and Insular Possessions.

-End-



-CITE-
    25 USC Sec. 500d                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER VII - REINDEER INDUSTRY

-HEAD-
    Sec. 500d. Acceptance and expenditure of Federal funds

-STATUTE-
      The Secretary of the Interior is hereby authorized to receive and
    expend, for the purposes of this subchapter, properly authorized
    loans, grants, or allocations made to him for said purposes by
    Federal agencies.

-SOURCE-
    (Sept. 1, 1937, ch. 897, Sec. 5, 50 Stat. 900.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 250d of Title 48,
    Territories and Insular Possessions.

-End-



-CITE-
    25 USC Sec. 500e                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER VII - REINDEER INDUSTRY

-HEAD-
    Sec. 500e. Revolving fund; moneys not to be covered into Treasury

-STATUTE-
      Except as herein otherwise specially provided, none of the moneys
    collected or received by the Secretary of the Interior in his
    administration of this subchapter shall be paid into the Treasury,
    but all such moneys shall constitute a revolving fund to be
    administered by the Secretary of the Interior for the purposes of
    this subchapter.

-SOURCE-
    (Sept. 1, 1937, ch. 897, Sec. 6, 50 Stat. 900.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Herein, referred to in text, means act Sept. 1, 1937, which
    comprises this subchapter. For complete classification of this Act
    to the Code, see Tables.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 250e of Title 48,
    Territories and Insular Possessions.

-End-



-CITE-
    25 USC Sec. 500f                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER VII - REINDEER INDUSTRY

-HEAD-
    Sec. 500f. Management of industry by Secretary; aim of management

-STATUTE-
      The Secretary of the Interior is authorized and directed to
    organize and manage the reindeer industry or business provided for
    by this subchapter in such manner as to establish and maintain for
    said natives of Alaska a complete and self-sustaining economy and
    to encourage and develop the activity and responsibility of said
    natives in all branches of said industry or business.

-SOURCE-
    (Sept. 1, 1937, ch. 897, Sec. 7, 50 Stat. 900.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 250f of Title 48,
    Territories and Insular Possessions.

-End-



-CITE-
    25 USC Sec. 500g                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER VII - REINDEER INDUSTRY

-HEAD-
    Sec. 500g. Distribution of reindeer, property, and profits to
      natives

-STATUTE-
      The Secretary of the Interior is authorized to distribute the
    reindeer and other property acquired by the United States under
    this subchapter among the Eskimos or other natives of Alaska, or to
    corporations, associations, or organizations of said natives,
    either in the form of gifts or under such conditions as the
    Secretary of the Interior may prescribe, and to execute and deliver
    appropriate instruments of title, or to hold and use the same in
    trust for the use and benefit of said natives, with a view of
    effecting the widest possible distribution of such reindeer and
    other property among those natives of Alaska who are in need
    thereof and who can make proper use of the same: Provided, That
    during the period of the trust, income derived directly from the
    sale of reindeer and reindeer products as provided in this
    subchapter shall be exempt from Federal income taxation. The
    Secretary of the Interior may from time to time, in such manner as
    he determines to be proper for effectuating the purposes of this
    subchapter, distribute among those of said natives or corporations,
    associations, or other organizations of said natives, who are
    engaged in said industry or business or for whose subsistence
    reindeer are necessary, whatever profits may be earned by that part
    of the industry or business which is owned by the United States and
    which may, in the judgment of the Secretary of the Interior, be
    distributed in accordance with sound business practice.

-SOURCE-
    (Sept. 1, 1937, ch. 897, Sec. 8, 50 Stat. 901; Pub. L. 99-514,
    title XVII, Sec. 1709(a), Oct. 22, 1986, 100 Stat. 2783.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 250g of Title 48,
    Territories and Insular Possessions.


-MISC1-
                                AMENDMENTS                            
      1986 - Pub. L. 99-514 inserted proviso directing that during the
    period of the trust, income derived directly from the sale of
    reindeer and reindeer products as provided in this subchapter shall
    be exempt from Federal income taxation.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Section 1709(b) of Pub. L. 99-514 provided that: "The amendment
    made by this section [amending this section] shall take effect as
    if originally included in the provision of the Act of September 1,
    1937, to which such amendment relates."

-End-



-CITE-
    25 USC Sec. 500h                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER VII - REINDEER INDUSTRY

-HEAD-
    Sec. 500h. Grant of administrative powers to organizations of
      natives

-STATUTE-
      The Secretary of the Interior is hereby authorized to grant, in
    his discretion and subject to such terms as he may impose, to any
    corporations, associations, or other organizations of said natives
    any or all of the powers relating to the administration of the
    reindeer industry or business herein provided for, upon a finding
    by him as to each grant that it is in the interests of the said
    natives of Alaska and will serve the purposes of this subchapter.

-SOURCE-
    (Sept. 1, 1937, ch. 897, Sec. 9, 50 Stat. 901.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Herein, referred to in text, means act Sept. 1, 1937, which
    comprises this subchapter. For complete classification of this Act
    to the Code, see Tables.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 250h of Title 48,
    Territories and Insular Possessions.

-End-



-CITE-
    25 USC Sec. 500i                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER VII - REINDEER INDUSTRY

-HEAD-
    Sec. 500i. Alienation of reindeer or interests; penalty

-STATUTE-
      Live reindeer in Alaska, and the increase thereof, acquired by
    the Secretary of the Interior pursuant to this subchapter, and live
    reindeer in Alaska, and the increase thereof, owned by the said
    natives of Alaska or corporations, associations, or other
    organizations of said natives, however acquired, shall not be sold
    or transferred, by descent, devise, or in any other manner
    whatsoever, to anyone other than the said natives of Alaska the
    United States for and on behalf of said natives, or corporations,
    associations, or other organizations of said natives, except with
    the consent in writing of the Secretary of the Interior or his duly
    authorized agent, stating that such consent is given upon the
    condition that the reindeer, and any increase thereof, sold or
    otherwise transferred with said consent, shall either be butchered
    in the Territory of Alaska within thirty days or shipped out of
    said Territory and never brought back alive into said Territory.
    Sales or other transfers of said reindeer, if made without the
    consent in writing herein required, or, although made with said
    consent, if followed by failure to comply with the condition
    therein required, shall be null and void, and shall not pass any
    title to or right to possession of any reindeer or increase
    thereof. No stock or other interest in any corporation,
    association, or other organization of said natives, engaged in or
    organized for the purposes of engaging in the reindeer industry or
    business, shall be transferred, by descent, devise, or in any other
    manner whatsoever, to anyone other than said natives of Alaska, the
    United States for and on behalf of said natives, or corporations,
    associations, or other organizations of said natives. Any willful
    violation of the provisions of this section by any vendee or other
    transferee shall be punishable by a fine of not more than $500:
    Provided, That no title to any reindeer, or reindeer products,
    owned by the United States for and on behalf of the said natives of
    Alaska, nor any title to reindeer, or reindeer products, owned by
    any of said natives or said corporations, associations, or other
    organizations of said natives, nor any stock or other interest in
    said corporations, associations, or other organizations of said
    natives, shall be transferred by descent, device,(!1) or in any
    other manner whatsoever, except pursuant to regulations promulgated
    by the Secretary of the Interior for the purposes of preserving the
    native character of the reindeer industry or business in Alaska and
    effectuating the other purposes of this subchapter: Provided
    further, That nothing herein contained shall prevent any native of
    Alaska who owns reindeer or any interest therein through stock
    ownership, or otherwise, in any corporation or association or other
    organization owning reindeer, from transferring his reindeer, or
    any interest therein, to his children or other native relatives by
    gift, sale, devise, or bequest, or prevent the same from being so
    transferred or passed by descent.


-SOURCE-
    (Sept. 1, 1937, ch. 897, Sec. 10, 50 Stat. 901.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Herein, referred to in text, means act Sept. 1, 1937, which
    comprises this subchapter. For complete classification of this Act
    to the Code, see Tables.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 250i of Title 48,
    Territories and Insular Possessions.

-FOOTNOTE-
    (!1) So in original. Probably should be "devise,".


-End-



-CITE-
    25 USC Sec. 500j                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER VII - REINDEER INDUSTRY

-HEAD-
    Sec. 500j. "Reindeer" defined

-STATUTE-
      "Reindeer" as used in this subchapter shall be understood to
    include reindeer and such caribou as have been introduced into
    animal husbandry or have actually joined reindeer herds, and the
    increase thereof.

-SOURCE-
    (Sept. 1, 1937, ch. 897, Sec. 11, 50 Stat. 902.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 250j of Title 48,
    Territories and Insular Possessions.

-End-



-CITE-
    25 USC Sec. 500k                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER VII - REINDEER INDUSTRY

-HEAD-
    Sec. 500k. Rules and regulations

-STATUTE-
      The Secretary of the Interior is hereby authorized to promulgate
    such rules and regulations as, in his judgment, are necessary to
    carry into effect the provisions of this subchapter.

-SOURCE-
    (Sept. 1, 1937, ch. 897, Sec. 12, 50 Stat. 902.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 250k of Title 48,
    Territories and Insular Possessions.

-End-



-CITE-
    25 USC Sec. 500l                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER VII - REINDEER INDUSTRY

-HEAD-
    Sec. 500l. Appointment of natives to administer industry

-STATUTE-
      Whenever, in his judgment, it is practicable and to the best
    interests of the natives the Secretary shall appoint natives to the
    supervisory and other positions in the administration of such
    reindeer industry or business.

-SOURCE-
    (Sept. 1, 1937, ch. 897, Sec. 13, 50 Stat. 902.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 250l of Title 48,
    Territories and Insular Possessions.

-End-



-CITE-
    25 USC Sec. 500m                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER VII - REINDEER INDUSTRY

-HEAD-
    Sec. 500m. Use of public lands; violation

-STATUTE-
      In order to coordinate the use of public lands in Alaska for
    grazing reindeer with the purposes of this subchapter, the
    Secretary of the Interior is hereby authorized to regulate the
    grazing of reindeer upon said lands. He may, in his discretion,
    define reindeer ranges and regulate the use thereof for grazing
    reindeer; issue grazing permits; regulate and control all round-
    ups, handlings, markings, and butcherings of reindeer upon said
    public lands; and may issue rules and regulations to carry into
    effect the provisions of this section. Any person who willfully
    violates any of the rules and regulations promulgated for the
    purpose of carrying into effect the provisions of this section
    shall be deemed guilty of a misdemeanor and, upon conviction
    thereof, shall be punished by imprisonment for not more than one
    year or by a fine of not more than $500.

-SOURCE-
    (Sept. 1, 1937, ch. 897, Sec. 14, 50 Stat. 902.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 250m of Title 48,
    Territories and Insular Possessions.

-End-



-CITE-
    25 USC Sec. 500n                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER VII - REINDEER INDUSTRY

-HEAD-
    Sec. 500n. "Natives of Alaska" defined

-STATUTE-
      The term "natives of Alaska" as used herein shall be deemed to
    mean the native Indians, Eskimos, and Aleuts of whole or part blood
    inhabiting Alaska at the time of the Treaty of Cession of Alaska to
    the United States and their descendants of whole or part blood,
    together with the Indians and Eskimos who, since the year 1867 and
    prior to September 1, 1937, have migrated into Alaska from the
    Dominion of Canada, and their descendants of the whole or part
    blood.

-SOURCE-
    (Sept. 1, 1937, ch. 897, Sec. 15, 50 Stat. 902.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Herein, referred to in text, means act Sept. 1, 1937, which
    comprises this subchapter. For complete classification of this Act
    to the Code, see Tables.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 250n of Title 48,
    Territories and Insular Possessions.

-End-


-CITE-
    25 USC SUBCHAPTER VIII - INDIANS IN OKLAHOMA: PROMOTION
           OF WELFARE                                      01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER VIII - INDIANS IN OKLAHOMA: PROMOTION OF WELFARE

-HEAD-
        SUBCHAPTER VIII - INDIANS IN OKLAHOMA: PROMOTION OF WELFARE    

-End-



-CITE-
    25 USC Sec. 501                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER VIII - INDIANS IN OKLAHOMA: PROMOTION OF WELFARE

-HEAD-
    Sec. 501. Acquisition of agricultural and grazing lands for
      Indians; title to lands; tax exemption

-STATUTE-
      The Secretary of the Interior is authorized, in his discretion,
    to acquire by purchase, relinquishment, gift, exchange, or
    assignment, any interest in lands, water rights, or surface rights
    to lands, within or without existing Indian reservations, including
    trust or otherwise restricted lands now in Indian ownership:
    Provided, That such lands shall be agricultural and grazing lands
    of good character and quality in proportion to the respective needs
    of the particular Indian or Indians for whom such purchases are
    made. Title to all lands so acquired shall be taken in the name of
    the United States, in trust for the tribe, band, group, or
    individual Indian for whose benefit such land is so acquired, and
    while the title thereto is held by the United States said lands
    shall be free from any and all taxes, save that the State of
    Oklahoma is authorized to levy and collect a gross-production tax,
    not in excess of the rate applied to production from lands in
    private ownership, upon all oil and gas produced from said lands,
    which said tax the Secretary of the Interior is authorized and
    directed to cause to be paid.

-SOURCE-
    (June 26, 1936, ch. 831, Sec. 1, 49 Stat. 1967.)


-MISC1-
                        REFERENCES TO THIS SECTION                    
      References to this section in subchapter II of chapter 14 of this
    title deemed to include section 82a of this title, see section
    458aaa-10 of this title.

                                SHORT TITLE                            
      Act June 26, 1936, ch. 831, 49 Stat. 1967, as amended, which
    enacted this subchapter, is popularly known as the "Oklahoma
    Welfare Act" and the "Oklahoma Indian Welfare Act".

-End-



-CITE-
    25 USC Sec. 502                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER VIII - INDIANS IN OKLAHOMA: PROMOTION OF WELFARE

-HEAD-
    Sec. 502. Purchase of restricted Indian lands; preference to
      Secretary of the Interior; waiver of preference

-STATUTE-
      Whenever any restricted Indian land or interests in land, other
    than sales or leases of oil, gas, or other minerals therein, are
    offered for sale, pursuant to the terms of this subchapter or any
    other Act of Congress, the Secretary of the Interior shall have a
    preference right, in his discretion, to purchase the same for or in
    behalf of any other Indian or Indians of the same or any other
    tribe, at a fair valuation to be fixed by the appraisement
    satisfactory to the Indian owner or owners, or if offered for sale
    at auction said Secretary shall have a preference right, in his
    discretion, to purchase the same for or in behalf of any other
    Indian or Indians by meeting the highest bid otherwise offered
    therefor.
      The preference right of the Secretary to purchase shall be
    considered as waived where notice of the pendency of sale is given
    in writing to the Superintendent of the Five Civilized Tribes for
    at least ten days prior to the date of sale and the Secretary does
    not within that time exercise the preferential right to purchase.

-SOURCE-
    (June 26, 1936, ch. 831, Sec. 2, 49 Stat. 1967; Aug. 4, 1947, ch.
    458, Sec. 10, 61 Stat. 734.)


-MISC1-
                                AMENDMENTS                            
      1947 - Act Aug. 4, 1947, provided for waiver of preference by
    failure to purchase after notice.

-End-



-CITE-
    25 USC Sec. 503                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER VIII - INDIANS IN OKLAHOMA: PROMOTION OF WELFARE

-HEAD-
    Sec. 503. Organization of tribes or bands; constitution; charter;
      right to participate in revolving credit fund

-STATUTE-
      Any recognized tribe or band of Indians residing in Oklahoma
    shall have the right to organize for its common welfare and to
    adopt a constitution and bylaws, under such rules and regulations
    as the Secretary of the Interior may prescribe. The Secretary of
    the Interior may issue to any such organized group a charter of
    incorporation, which shall become operative when ratified by a
    majority vote of the adult members of the organization voting:
    Provided, however, That such election shall be void unless the
    total vote cast be at least 30 per centum of those entitled to
    vote. Such charter may convey to the incorporated group, in
    addition to any powers which may properly be vested in a body
    corporate under the laws of the State of Oklahoma, the right to
    participate in the revolving credit fund and to enjoy any other
    rights or privileges secured to an organized Indian tribe under the
    Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 461 et seq.]:
    Provided, That the corporate funds of any such chartered group may
    be deposited in any national bank within the State of Oklahoma or
    otherwise invested, utilized, or disbursed in accordance with the
    terms of the corporate charter.

-SOURCE-
    (June 26, 1936, ch. 831, Sec. 3, 49 Stat. 1967.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, referred to in text, popularly known as the
    Indian Reorganization Act, is classified generally to subchapter V
    (Sec. 461 et seq.) of this chapter. For complete classification of
    this Act to the Code, see Short Title note set out under section
    461 of this title and Tables.

-End-



-CITE-
    25 USC Sec. 504                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER VIII - INDIANS IN OKLAHOMA: PROMOTION OF WELFARE

-HEAD-
    Sec. 504. Cooperative associations; charter; purposes; voting
      rights

-STATUTE-
      Any ten or more Indians, as determined by the official tribal
    rolls, or Indian descendants of such enrolled members, or Indians
    as defined in the Act of June 18, 1934 (48 Stat. 984) [25 U.S.C.
    461 et seq.], who reside within the State of Oklahoma in convenient
    proximity to each other may receive from the Secretary of the
    Interior a charter as a local cooperative association for any one
    or more of the following purposes: Credit administration,
    production, marketing, consumers' protection, or land management.
    The provisions of this subchapter, the regulations of the Secretary
    of the Interior, and the charters of the cooperative associations
    issued pursuant thereto shall govern such cooperative associations:
    Provided, That in those matters not covered by this subchapter,
    regulations, or charters, the laws of the State of Oklahoma, if
    applicable, shall govern. In any stock or nonstock cooperative
    association no one member shall have more than one vote, and
    membership therein shall be open to all Indians residing within the
    prescribed district.

-SOURCE-
    (June 26, 1936, ch. 831, Sec. 4, 49 Stat. 1967.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, referred to in text, popularly known as the
    Indian Reorganization Act, is classified generally to subchapter V
    (Sec. 461 et seq.) of this chapter. Provisions of the Act defining
    "Indian" appear in section 479 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of this title and Tables.

-End-



-CITE-
    25 USC Sec. 505                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER VIII - INDIANS IN OKLAHOMA: PROMOTION OF WELFARE

-HEAD-
    Sec. 505. Amendment or revocation of charters; suits by and against
      associations

-STATUTE-
      The charters of any cooperative association organized pursuant to
    section 504 of this title shall not be amended or revoked by the
    Secretary except after a majority vote of the membership. Such
    cooperative associations may sue and be sued in any court of the
    State of Oklahoma or of the United States having jurisdiction of
    the cause of action, but a certified copy of all papers filed in
    any action against a cooperative association in a court of Oklahoma
    shall be served upon the Secretary of the Interior, or upon an
    employee duly authorized by him to receive such service. Within
    thirty days after such service or within such extended time as the
    trial court may permit, the Secretary of the Interior may intervene
    in such action or may remove such action to the United States
    district court.

-SOURCE-
    (June 26, 1936, ch. 831, Sec. 5, 49 Stat. 1968; June 25, 1948, ch.
    646, Sec. 29, 62 Stat. 991.)


-MISC1-
                                AMENDMENTS                            
      1948 - Act June 25, 1948, struck out provisions relating to
    procedure for removal. See sections 1441 to 1450 of Title 28,
    Judiciary and Judicial Procedure.

                     EFFECTIVE DATE OF 1948 AMENDMENT                 
      Section 38 of act June 25, 1948, provided that the amendment made
    by that act is effective Sept. 1, 1948.

-End-



-CITE-
    25 USC Sec. 506                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER VIII - INDIANS IN OKLAHOMA: PROMOTION OF WELFARE

-HEAD-
    Sec. 506. Loans to individuals and groups; appropriation

-STATUTE-
      The Secretary is authorized to make loans to individual Indians
    and to associations or corporate groups organized pursuant to this
    subchapter. For the making of such loans and for expenses of the
    cooperative associations organized pursuant to this subchapter
    there shall be appropriated, out of the Treasury of the United
    States, the sum of $2,000,000.

-SOURCE-
    (June 26, 1936, ch. 831, Sec. 6, 49 Stat. 1968.)


-MISC1-
    REVOLVING FUND: INTEREST-FREE LOANS TO KLAMATH INDIANS; REFINANCING
                           LENDING AGENCY LOANS
      Use of Revolving Loan Fund for Indians to assist Klamath Indians
    during period for terminating Federal supervision, see note set out
    under section 564 of this title. Funds to be administered as a
    single Indian Revolving Loan Fund after Apr. 12, 1974, see section
    1461 of this title.

-End-



-CITE-
    25 USC Sec. 507                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER VIII - INDIANS IN OKLAHOMA: PROMOTION OF WELFARE

-HEAD-
    Sec. 507. Availability and allocation of funds; royalties from
      mineral deposits

-STATUTE-
      All funds appropriated under the several grants of authority
    contained in the Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 461
    et seq.], are hereby made available for use under the provisions of
    this subchapter, and Oklahoma Indians shall be accorded and
    allocated a fair and just share of any and all funds appropriated
    after June 26, 1936, under the authorization herein set forth:
    Provided, That any royalties, bonuses, or other revenues derived
    from mineral deposits underlying lands purchased in Oklahoma under
    the authority granted by this subchapter, or by the Act of June 18,
    1934, shall be deposited in the Treasury of the United States, and
    such revenues are made available for expenditure by the Secretary
    of the Interior for the acquisition of lands and for loans to
    Indians in Oklahoma as authorized by this subchapter and by the Act
    of June 18, 1934 (48 Stat. 984).

-SOURCE-
    (June 26, 1936, ch. 831, Sec. 7, 49 Stat. 1968.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, referred to in text, popularly known as the
    Indian Reorganization Act, is classified generally to subchapter V
    (Sec. 461 et seq.) of this chapter. For complete classification of
    this Act to the Code, see Short Title note set out under section
    461 of this title and Tables.

-End-



-CITE-
    25 USC Sec. 508                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER VIII - INDIANS IN OKLAHOMA: PROMOTION OF WELFARE

-HEAD-
    Sec. 508. Application of provisions to Osage County

-STATUTE-
      This subchapter shall not relate to or affect Osage County,
    Oklahoma.

-SOURCE-
    (June 26, 1936, ch. 831, Sec. 8, 49 Stat. 1968.)

-End-



-CITE-
    25 USC Sec. 509                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER VIII - INDIANS IN OKLAHOMA: PROMOTION OF WELFARE

-HEAD-
    Sec. 509. Rules and regulations; repeals

-STATUTE-
      The Secretary of the Interior is authorized to prescribe such
    rules and regulations as may be necessary to carry out the
    provisions of this subchapter. All Acts or parts of Acts
    inconsistent with this subchapter are repealed.

-SOURCE-
    (June 26, 1936, ch. 831, Sec. 9, 49 Stat. 1968.)

-End-



-CITE-
    25 USC Sec. 510                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER VIII - INDIANS IN OKLAHOMA: PROMOTION OF WELFARE

-HEAD-
    Sec. 510. Payment of gross production taxes; method

-STATUTE-
      Whenever restricted Indian lands in the State of Oklahoma are
    subject to gross production tax on minerals, including oil and gas,
    the Secretary of the Interior, in his discretion, may cause such
    tax or taxes due the State of Oklahoma to be paid in the manner
    provided for by the statutes of the State of Oklahoma.

-SOURCE-
    (Aug. 25, 1937, ch. 772, 50 Stat. 806.)

-COD-
                               CODIFICATION                           
      This section was not enacted as part of act June 26, 1936, ch.
    831, 49 Stat. 1967, which comprises this subchapter.

-End-


-CITE-
    25 USC SUBCHAPTER IX - KLAMATH TRIBE: CAPITAL RESERVE
           FUND                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER IX - KLAMATH TRIBE: CAPITAL RESERVE FUND

-HEAD-
            SUBCHAPTER IX - KLAMATH TRIBE: CAPITAL RESERVE FUND        

-End-



-CITE-
    25 USC Sec. 530                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER IX - KLAMATH TRIBE: CAPITAL RESERVE FUND

-HEAD-
    Sec. 530. Capital reserve fund; interest for administrative
      expenses

-STATUTE-
      The Secretary of the Interior shall cause to be established on
    the books of the Treasury, out of any unobligated tribal funds of
    the Indians of the Klamath Reservation in Oregon (hereinafter
    referred to as the "Klamath Indians") on deposit in the Treasury of
    the United States, a capital reserve fund for said Klamath Indians.
    Such fund shall be created by setting aside the sum of $50,000 for
    the fiscal year 1937, and shall be augmented by additions of
    $50,000 for each fiscal year thereafter. Such fund shall be held in
    the Treasury of the United States and shall bear interest as
    provided by law. The interest upon such fund shall be used, insofar
    as it is sufficient, for the payment of the expenses of
    administration of the Klamath Indian Reservation in Oregon.

-SOURCE-
    (Aug. 28, 1937, ch. 874, Sec. 1, 50 Stat. 872.)

-End-



-CITE-
    25 USC Secs. 531 to 535                                     01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER IX - KLAMATH TRIBE: CAPITAL RESERVE FUND

-HEAD-
    Secs. 531 to 535. Repealed.

-MISC1-
    Secs. 531 to 535. Repealed. Aug. 13, 1954, ch. 732, Sec. 12, 68
      Stat. 721.
      Sections 531 to 535, act Aug. 28, 1937, ch. 874, Secs. 2-6, 50
    Stat. 872, 873, related to revolving loan fund. See section 564 et
    seq. of this title.

                         EFFECTIVE DATE OF REPEAL                     
      Section 12 of act Aug. 13, 1954, provided that the repeal is
    effective on the date of the transfer of title to tribal property
    to a trustee, corporation, or other legal entity pursuant to
    section 564e of this title.

-End-


-CITE-
    25 USC SUBCHAPTER X - KLAMATH TRIBE: DISPOSITION OF
           CERTAIN TRIBAL FUNDS                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER X - KLAMATH TRIBE: DISPOSITION OF CERTAIN TRIBAL FUNDS

-HEAD-
     SUBCHAPTER X - KLAMATH TRIBE: DISPOSITION OF CERTAIN TRIBAL FUNDS 

-End-



-CITE-
    25 USC Sec. 541                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER X - KLAMATH TRIBE: DISPOSITION OF CERTAIN TRIBAL FUNDS

-HEAD-
    Sec. 541. Creation of individual credits; authorized purchases

-STATUTE-
      The Secretary of the Interior is authorized and directed from the
    judgment fund of the Klamath and Modoc Tribes and Yahooskin Band of
    Snake Indians created as the result of the passage of the Act of
    June 25, 1938, and accrued interest thereon, to credit the sum of
    $2,000 upon the books of the Office of Indian Affairs, to each
    person determined by the Secretary of the Interior to be entitled
    to enrollment upon the annuity roll of said tribes of the Klamath
    Reservation, Oregon, living on August 7, 1939. The share of each
    adult member and not to exceed $1,500 of the share of any minor
    shall be available for expenditure, under such rules and
    regulations as the Secretary of the Interior may prescribe, for the
    following purposes:
      Purchase of land; improvement of lands acquired or already held
    by the Indian; erection and improvement of suitable homes;
    repayment of any loans received from the United States or from the
    Klamath tribal funds; purchase of building material, farming
    equipment, livestock, feed, food, seed, grain, tools, machinery,
    implements, household goods, bedding, clothing, and any other
    equipment or supplies necessary to enable the Indians to fit
    themselves for or to engage in farming, livestock, industry, or
    such other pursuits or vocations, including education, as will
    enable them to become self-supporting; and health purposes:
    Provided, however, That the funds of the aged, infirm, decrepit,
    and incapacitated members, and of minors, may be used for their
    proper maintenance and support. The remainder of the share of each
    minor Indian shall be held intact until such Indian reaches his
    majority, when it, together with interest at the rate of 4 per
    centum per annum, shall be available for expenditure for the
    purposes specified herein. As herein used, the term "minor" shall
    include all members of the tribe less than twenty-one years of age,
    except that minors eighteen years of age or over and who are
    married or have families of their own to support, shall be regarded
    as adults. On the death of any enrolled member, adult, or minor,
    the sum on deposit to his credit shall be distributed as personal
    property, and shall be available for expenditure by the
    distributees only for the purposes herein authorized: Provided,
    however, That of the aforesaid $2,000 to be prorated to each
    person, $100 shall be paid to each member of said tribes as a per
    capita payment, free from the aforesaid restrictions, under rules
    and regulations prescribed by the Secretary of the Interior.

-SOURCE-
    (Aug. 7, 1939, ch. 552, Sec. 1, 53 Stat. 1252.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 25, 1938, referred to in text, probably refers to the
    Second Deficiency Appropriation Act, fiscal year 1938, act June 25,
    1938, ch. 681, Sec. 203(a), 52 Stat. 1156. Section 203(a) of that
    act provided for an appropriation for payment of judgments rendered
    by the court of claims and reported to the 75th Congress in Senate
    Document Numbered 191, and House Documents Numbered 661 and 686.
    House Document No. 681 listed a judgment in favor of the Klamath
    and Modoc Tribes and Yahooskin Band of Snake Indians in the sum of
    $5,313,347.32, with interest on a part thereof to date of payment,
    for the taking of land.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out in the Appendix to Title 5, Government
    Organization and Employees.

-End-



-CITE-
    25 USC Sec. 542                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER X - KLAMATH TRIBE: DISPOSITION OF CERTAIN TRIBAL FUNDS

-HEAD-
    Sec. 542. Limitations on remainder of fund

-STATUTE-
      After the segregation provided for in section 541 of this title
    shall have been made, the remainder of such judgment fund,
    including interest, shall be available for expenditure subject to
    the following limitations and conditions:
      (a) Repealed. Aug. 13, 1954, ch. 732, Sec. 12, 68 Stat. 721.
      (b) Three hundred and seventy-five thousand dollars for immediate
    payment in a lump sum of $1,500 to each adult unallotted Indian
    found to be entitled to payment in lieu of allotment, as authorized
    in the Act of June 1, 1938 (52 Stat. 605) [25 U.S.C. 551 et seq.]:
    Provided, That the amount due any minor under the provisions of
    said subchapter shall be withheld until he becomes an adult, as
    herein defined, when it shall be paid to him in a lump sum from any
    funds, principal, or interest, on deposit to the credit of the
    Klamath Tribe, and section 2 of said Act of June 1, 1938 [25 U.S.C.
    552], is amended accordingly.
      (c) Such moneys as shall remain in the principal fund shall be
    transferred to and become a part of the capital reserve fund
    created by section 530 of this title.

-SOURCE-
    (Aug. 7, 1939, ch. 552, Sec. 2, 53 Stat. 1253; Aug. 13, 1954, ch.
    732, Sec. 12, 68 Stat. 721.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 1, 1938, referred to in subsec. (b), is act June 1,
    1938, ch. 310, 52 Stat. 605, as amended, which is classified
    generally to subchapter XI (Sec. 551 et seq.) of this chapter. For
    complete classification of this Act to the Code, see Tables.


-MISC1-
                                AMENDMENTS                            
      1954 - Subsec. (a). Act Aug. 13, 1954, repealed subsec. (a) which
    related to transfer of funds.

                     EFFECTIVE DATE OF 1954 AMENDMENT                 
      Section 12 of act Aug. 13, 1954, provided that the amendment made
    by that section is effective on the date of the transfer of tribal
    property to a trustee, corporation, or other legal entity pursuant
    to section 564e of this title.

-End-



-CITE-
    25 USC Sec. 543                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER X - KLAMATH TRIBE: DISPOSITION OF CERTAIN TRIBAL FUNDS

-HEAD-
    Sec. 543. Liability of judgment funds for debts

-STATUTE-
      In no event shall any portion of the said judgment fund become
    liable, payable, or subject to any debt or debts contracted prior
    to the passage of this subchapter by any Indian of the Klamath
    Tribe except debts to the United States or to the tribe.

-SOURCE-
    (Aug. 7, 1939, ch. 552, Sec. 3, 53 Stat. 1253.)

-End-



-CITE-
    25 USC Sec. 544                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER X - KLAMATH TRIBE: DISPOSITION OF CERTAIN TRIBAL FUNDS

-HEAD-
    Sec. 544. Creation of individual credits; authorized purchases

-STATUTE-
      The Secretary of the Interior be, and he is authorized and
    directed, from the capital reserve fund deposited in the Treasury
    of the United States to the credit of the Klamath and Modoc Tribes
    and Yahooskin Band of Snake Indians (hereinafter referred to as the
    "Klamath Tribes"), said fund being established pursuant to the Act
    of August 28, 1937 (ch. 874, 50 Stat. 872) [25 U.S.C. 530 et seq.],
    as augmented by the proceeds of the judgment fund of the Klamath
    Indians as provided in the Act of August 7, 1939 (ch. 552, 53 Stat.
    1252) [25 U.S.C. 541 et seq.], to credit the sum of $500 upon the
    books of the Office of Indian Affairs, to each person determined by
    the Secretary of the Interior to be entitled to enrollment upon the
    annuity roll of said tribes of the Klamath Reservation, Oregon,
    living upon March 29, 1948. The share of each adult member of the
    credit so established shall be available for expenditure, under
    such rules and regulations as the Secretary of the Interior may
    prescribe, for the following purposes:
      Purchase of land or interests in land; improvement of lands
    acquired or already held by the Indian; erection and improvement of
    suitable homes including household equipment and furnishings;
    repayment of any loans received from the United States or from the
    Klamath tribal funds; purchase of building material, feed, seed,
    and grain; purchase or rehabilitation and repair of farming
    equipment, tools, trucks, tractors, machinery, and implements; and
    purchase of any other equipment or supplies necessary to enable the
    Indians to fit themselves for or to engage in farming, livestock,
    industry, or such other pursuits or vocations, including education
    and adult education, as will enable them to become self-supporting;
    and health, including dental work: Provided, however, That the
    funds of the aged, infirm, decrepit, and incapacitated members may
    be used for their proper maintenance and support: Provided further,
    That during minority the share of each minor Indian shall be
    available for expenditure only for his education and for health
    purposes, including dental work, except that in an emergency
    expenditure of a minor Indian's share may be made for any of the
    purposes specified in this section and section 545 of this title.
    As herein used, the term "minor" shall include all members of the
    tribe who have not attained the age of twenty-one years, except
    that minors eighteen years of age or over and who are married or
    have families of their own to support, shall be regarded as adults.
    On the death of any enrolled member, adult or minor, the sum on
    deposit to his credit shall be distributed as personal property,
    and shall be available for expenditure by the distributees only for
    the purposes herein authorized: And provided further, That each
    member of the Klamath Tribes honorably discharged from service to
    the United States in its armed forces shall, upon application to
    the Commissioner of Indian Affairs, be paid $200 in cash, free from
    the aforesaid restrictions and in addition to the $500 to be
    credited to such member as provided in this section.

-SOURCE-
    (Mar. 29, 1948, ch. 160, Sec. 2, 62 Stat. 92.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of August 28, 1937, referred to in text, is act Aug. 28,
    1937, ch. 874, 50 Stat. 872, as amended, which is classified
    generally to subchapter IX (Sec. 530 et seq.) of this chapter.
      Act of August 7, 1939, referred to in text, is act Aug. 7, 1939,
    ch. 552, 53 Stat. 1252, as amended, which is classified generally
    to this subchapter. For complete classification of this Act to the
    Code, see Tables.

-COD-
                               CODIFICATION                           
      This section was not enacted as part of act Aug. 7, 1939, ch.
    552, 53 Stat. 1252, which comprises this subchapter.


-MISC1-
                                SHORT TITLE                            
      Section 1 of act Mar. 29, 1948, provided: "That this Act
    [enacting this section and section 545 of this title] shall be
    known as the 'Klamath Welfare Act'."


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out in the Appendix to Title 5, Government
    Organization and Employees.

-End-



-CITE-
    25 USC Sec. 545                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER X - KLAMATH TRIBE: DISPOSITION OF CERTAIN TRIBAL FUNDS

-HEAD-
    Sec. 545. Liability of judgment funds for debts

-STATUTE-
      In no event shall any portion of the funds directed to be
    credited and paid become liable, payable, or subject to any debt or
    debts contracted prior to the passage of this section and section
    544 of this title by any Indian of the Klamath Tribe, except debts
    to the United States or to the tribe.

-SOURCE-
    (Mar. 29, 1948, ch. 160, Sec. 3, 62 Stat. 93.)

-COD-
                               CODIFICATION                           
      This section was not enacted as part of act Aug. 7, 1939, ch.
    552, 53 Stat. 1252, which comprises this subchapter.

-End-


-CITE-
    25 USC SUBCHAPTER XI - KLAMATH TRIBE: PAYMENTS IN LIEU OF
           ALLOTMENTS; INHERITANCE OF RESTRICTED
           PROPERTY                                        01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XI - KLAMATH TRIBE: PAYMENTS IN LIEU OF ALLOTMENTS;
                     INHERITANCE OF RESTRICTED PROPERTY

-HEAD-
      SUBCHAPTER XI - KLAMATH TRIBE: PAYMENTS IN LIEU OF ALLOTMENTS;
                    INHERITANCE OF RESTRICTED PROPERTY

-End-



-CITE-
    25 USC Sec. 551                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XI - KLAMATH TRIBE: PAYMENTS IN LIEU OF ALLOTMENTS;
                     INHERITANCE OF RESTRICTED PROPERTY

-HEAD-
    Sec. 551. "Klamath Tribe" defined

-STATUTE-
      As used in this subchapter the term "Klamath Tribe" includes the
    members of the Klamath and Modoc Tribes and the Yahooskin Band of
    Snakes and all other Indians having rights on the Klamath Indian
    Reservation in the State of Oregon.

-SOURCE-
    (June 1, 1938, ch. 310, Sec. 1, 52 Stat. 605.)

-End-



-CITE-
    25 USC Sec. 552                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XI - KLAMATH TRIBE: PAYMENTS IN LIEU OF ALLOTMENTS;
                     INHERITANCE OF RESTRICTED PROPERTY

-HEAD-
    Sec. 552. Payments in lieu of allotments

-STATUTE-
      Each enrolled member of the Klamath Tribe living on June 1, 1938,
    who has not received an allotment of land shall be paid the sum of
    $1,500 from unobligated Klamath tribal funds on deposit in the
    Treasury of the United States, under such rules and regulations as
    the Secretary of the Interior shall prescribe, in installments of
    not to exceed $300 per annum: Provided, That no member of the
    Klamath Tribe who shall not be enrolled within one year from June
    1, 1938, shall receive a payment in lieu of allotment. No member of
    the Klamath Tribe born after June 1, 1938, shall be entitled to
    receive any allotment of land or money payment in lieu thereof.

-SOURCE-
    (June 1, 1938, ch. 310, Sec. 2, 52 Stat. 605.)

-End-



-CITE-
    25 USC Sec. 553                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XI - KLAMATH TRIBE: PAYMENTS IN LIEU OF ALLOTMENTS;
                     INHERITANCE OF RESTRICTED PROPERTY

-HEAD-
    Sec. 553. Deposit and expenditure of payments

-STATUTE-
      The payments herein authorized shall be deposited to the credit
    of the individual Indian money accounts of such Indians subject to
    expenditure by such Indians, under such rules and regulations as
    the Secretary of the Interior may prescribe for (1) industrial and
    agricultural assistance, and the construction and improvement of
    homes, including the purchase of land and interests in land,
    building material, farming equipment, industrial equipment, trucks,
    livestock, feed, food, seed, tools, machinery, implements,
    household goods, bedding, clothing, and any other equipment or
    supplies necessary to enable the Indians to fit themselves for or
    to engage in the farming, livestock industry, or such other
    industrial or agricultural pursuits or avocations as will enable
    them to become self-supporting; (2) the educational advancement of
    such Indians; (3) financial assistance in cases of illness, death,
    or other emergency; (4) the repayment of reimbursable debts
    previously contracted; or (5) security for or the repayment of
    loans made to such Indians from any Klamath revolving loan fund now
    existent or which shall hereafter be created.

-SOURCE-
    (June 1, 1938, ch. 310, Sec. 3, 52 Stat. 605.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Herein, referred to in text, means act June 1, 1938, which
    comprises this subchapter. For complete classification of this Act
    to the Code, see Tables.

-End-



-CITE-
    25 USC Sec. 554                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XI - KLAMATH TRIBE: PAYMENTS IN LIEU OF ALLOTMENTS;
                     INHERITANCE OF RESTRICTED PROPERTY

-HEAD-
    Sec. 554. Disposition of payment on death of Indian

-STATUTE-
      In the event of the death of any such Indian entitled to receive
    a payment in lieu of allotment after June 1, 1938, any unexpended
    balance of said $1,500 still due the decedent shall first be
    applied to the repayment of any loans received by such Indian from
    the United States or from the Klamath Tribal funds, and the balance
    thereafter shall be distributed as personal property.

-SOURCE-
    (June 1, 1938, ch. 310, Sec. 4, 52 Stat. 606.)

-End-



-CITE-
    25 USC Sec. 555                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XI - KLAMATH TRIBE: PAYMENTS IN LIEU OF ALLOTMENTS;
                     INHERITANCE OF RESTRICTED PROPERTY

-HEAD-
    Sec. 555. Repealed.

-MISC1-
    Sec. 555. Repealed. Aug. 13, 1954, ch. 732, Sec. 9(c), 68 Stat. 721.
      Section, act June 1, 1938, ch. 310, Sec. 5, 52 Stat. 606, related
    to devise of restricted or trust property and is now covered by
    section 564h of this title.

-End-



-CITE-
    25 USC Sec. 556                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XI - KLAMATH TRIBE: PAYMENTS IN LIEU OF ALLOTMENTS;
                     INHERITANCE OF RESTRICTED PROPERTY

-HEAD-
    Sec. 556. Reversion of interest in property on death without heirs
      or devisees

-STATUTE-
      If any enrolled member of the Klamath Tribe dies without lawful
    heirs or devises,(!1) all interest which such member has in any
    restricted or trust property within the Klamath Reservation shall
    revert to and become part of the common tribal property.


-SOURCE-
    (June 1, 1938, ch. 310, Sec. 6, 52 Stat. 606.)

-FOOTNOTE-
    (!1) So in original. Probably should be "devisees,".


-End-


-CITE-
    25 USC SUBCHAPTER XII - KLAMATH TRIBE: FEES AND CHARGES     01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XII - KLAMATH TRIBE: FEES AND CHARGES

-HEAD-
             SUBCHAPTER XII - KLAMATH TRIBE: FEES AND CHARGES         

-End-



-CITE-
    25 USC Secs. 561, 562                                       01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XII - KLAMATH TRIBE: FEES AND CHARGES

-HEAD-
    Secs. 561, 562. Omitted

-COD-
                               CODIFICATION                           
      Sections, which related to fees for general services and medical
    services, were from the Interior Department Appropriation Act,
    1946, July 3, 1945, ch. 262, Sec. 1, 59 Stat. 334, and were not
    repeated in the Interior Department Appropriation Act of 1947, July
    1, 1946, ch. 529, 60 Stat. 348.

-End-



-CITE-
    25 USC Sec. 563                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XII - KLAMATH TRIBE: FEES AND CHARGES

-HEAD-
    Sec. 563. Salaries and expenses for Klamath Tribe Officials

-STATUTE-
      The Secretary of the Interior, or such official as may be
    designated by him, is authorized, until otherwise directed by
    Congress, to advance to the tribe or to pay out of any unobligated
    tribal funds of the Klamath Indians in the Treasury of the United
    States salaries and expenses of tribal officials or representatives
    (except the Klamath Loan Fund Board) at rates and/or limitations
    designated in advance by the Klamath General Council, or any
    governing body to which it may delegate such authority, and
    approved by the Secretary of the Interior: Provided, That the
    length of stay of representatives serving the tribe at the seat of
    government shall be determined by the Secretary of the Interior.

-SOURCE-
    (May 29, 1953, ch. 86, Sec. 1, 67 Stat. 40.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 563, acts June 25, 1938, ch. 710, 52 Stat. 1207;
    Aug. 7, 1939, ch. 519, 53 Stat. 1244; May 15, 1945, ch. 123, 59
    Stat. 167, provided for payment of salaries and expenses of Klamath
    Tribe officials out of tribal funds but limited the amount of such
    expenditures to $15,000 per annum, prior to repeal by act May 29,
    1953, Sec. 2, 67 Stat. 40.

-End-


-CITE-
    25 USC SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF
           FEDERAL SUPERVISION                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION

-HEAD-
    SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION

-End-



-CITE-
    25 USC Sec. 564                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 564. Purpose

-STATUTE-
      The purpose of this subchapter is to provide for the termination
    of Federal supervision over the trust and restricted property of
    the Klamath Tribe of Indians consisting of the Klamath and Modoc
    Tribes and the Yahooskin Band of Snake Indians, and of the
    individual members thereof, for the disposition of federally owned
    property acquired or withdrawn for the administration of the
    affairs of said Indians, and for a termination of Federal services
    furnished such Indians because of their status as Indians.

-SOURCE-
    (Aug. 13, 1954, ch. 732, Sec. 1, 68 Stat. 718.)


-MISC1-
    REVOLVING FUND: INTEREST-FREE LOANS TO KLAMATH INDIANS; REFINANCING
                           LENDING AGENCY LOANS
      Pub. L. 86-40, June 11, 1959, 73 Stat. 70, provided: "That the
    Secretary of the Interior is authorized to make loans, without
    interest, from the revolving fund authorized by the Acts of June
    18, 1934 (48 Stat. 986; 25 U.S.C. 470), and June 26, 1936 (49 Stat.
    1968; 25 U.S.C. 506), as amended and supplemented, to members of
    the Klamath Tribe of Indians who elected to withdraw from the tribe
    pursuant to the Act of August 13, 1954 (68 Stat. 718; 25 U.S.C.
    564), as amended, regardless of the degree of Indian blood of the
    borrower, and to collect such loans by setoff against funds payable
    to the borrower pursuant to said Act of August 13, 1954, as amended
    [this subchapter]. The Secretary is also authorized to refinance
    from such revolving fund any loan made by a lending agency to a
    withdrawing Klamath Indian that is secured by encumbrance of his
    beneficial interest in tribal property with the approval of the
    Secretary as required by section 4 of said 1954 Act [section 564c
    of this title], and to include therein a nonreimbursable grant
    equal to the interest charges incurred by the borrower prior to
    such refinancing. In the event adequate funds are not available
    from the revolving fund to refinance a loan by such lending agency,
    the Secretary is authorized to pay from the revolving fund, without
    reimbursement, the interest charged on such loan."

                        INDIAN REVOLVING LOAN FUND                    
      Certain funds to be administered as a single Indian Revolving
    Loan Fund after Apr. 12, 1974, see section 1461 of this title.

      REPEALS; RECOUPMENT OF FUNDS EXPENDED FOR KLAMATH COUNTY SCHOOL
                                   BOARD
      Section 24 of act Aug. 13, 1954, as amended by Pub. L. 85-72,
    June 29, 1957, 71 Stat. 243, provided that: "All Acts or parts of
    Acts inconsistent with this Act [this subchapter] are hereby
    repealed insofar as they affect the tribe or its members. Effective
    on July 1, 1957, section 2 of the Act of August 19, 1949 (63 Stat.
    621, ch. 488) shall become inapplicable to the unrecouped balance
    of funds expended in cooperation with the school board of Klamath
    County, Oregon, pursuant to said Act."

                               SEPARABILITY                           
      Section 25 of act Aug. 13, 1954, provided that: "If any provision
    of this Act [this subchapter], or the application thereof to any
    person or circumstance, is held invalid, the remainder of the Act
    and the application of such provision to other persons or
    circumstances shall not be affected thereby."

-End-



-CITE-
    25 USC Sec. 564a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 564a. Definitions

-STATUTE-
      For the purposes of this subchapter:
      (a) "Tribe" means the Klamath Tribe of Indians consisting of the
    Klamath and Modoc Tribes and Yahooskin Band of Snake Indians.
      (b) "Secretary" means the Secretary of the Interior.
      (c) "Lands" means real property, interests therein, or
    improvements thereon, and include water rights.
      (d) "Tribal property" means any real or personal property,
    including water rights, or any interest in real or personal
    property, that belongs to the tribe and either is held by the
    United States in trust for the tribe or is subject to a restriction
    against alienation imposed by the United States.
      (e) "Adult" means a person who is an adult according to the law
    of the place of his residence.

-SOURCE-
    (Aug. 13, 1954, ch. 732, Sec. 2, 68 Stat. 718; Pub. L. 85-132, Sec.
    1(f), Aug. 14, 1957, 71 Stat. 348.)


-MISC1-
                                AMENDMENTS                            
      1957 - Subsec. (e). Pub. L. 85-132 substituted provision defining
    adult as a person who is an adult according to the law of the place
    of his residence, for provision defining adult as a member of the
    tribe who has attained the age of twenty-one years.

-End-



-CITE-
    25 USC Sec. 564b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 564b. Membership roll; closure; preparation and initial
      publication; appeal from inclusion or omission from roll;
      finality of determination; final publication

-STATUTE-
      At midnight of August 13, 1954, the roll of the tribe shall be
    closed and no child born thereafter shall be eligible for
    enrollment: Provided, That the tribe shall have a period of six
    months from August 13, 1954, in which to prepare and submit to the
    Secretary a proposed roll of the members of the tribe living on
    August 13, 1954, which shall be published in the Federal Register.
    If the tribe fails to submit such roll within the time specified in
    this section, the Secretary shall prepare a proposed roll for the
    tribe, which shall be published in the Federal Register. Any person
    claiming membership rights in the tribe or an interest in its
    assets, or a representative of the Secretary on behalf of any such
    person, may, within ninety days from the date of publication of the
    proposed roll, file an appeal with the Secretary contesting the
    inclusion or omission of the name of any person on or from such
    roll. The Secretary shall review such appeals and his decisions
    thereon shall be final and conclusive. After disposition of all
    such appeals, the roll of the tribe shall be published in the
    Federal Register, and such roll shall be final for the purposes of
    this subchapter.

-SOURCE-
    (Aug. 13, 1954, ch. 732, Sec. 3, 68 Stat. 718.)

-End-



-CITE-
    25 USC Sec. 564c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 564c. Personal property rights; restrictions; tax exemption

-STATUTE-
      Upon publication in the Federal Register of the final roll as
    provided in section 564b of this title, the rights or beneficial
    interests in tribal property of each person whose name appears on
    the roll shall constitute personal property which may be inherited
    or bequeathed, but shall not otherwise be subject to alienation or
    encumbrance before the transfer of title to such tribal property as
    provided in section 564e of this title without the approval of the
    Secretary. Any contract made in violation of this section shall be
    null and void. Property which this section makes subject to
    inheritance or bequest and which is inherited or bequeathed after
    August 13, 1954, and prior to the transfer of title to tribal
    property as provided in section 564e of this title shall not be
    subject to State or Federal inheritance, estate, legacy, or
    succession taxes.

-SOURCE-
    (Aug. 13, 1954, ch. 732, Sec. 4, 68 Stat. 718; Pub. L. 85-731, Sec.
    2, Aug. 23, 1958, 72 Stat. 818.)


-MISC1-
                                AMENDMENTS                            
      1958 - Pub. L. 85-731 inserted provision that property which is
    inherited or bequeathed after Aug. 13, 1954, and prior to transfer
    of title to tribal property should not be subject to taxes.

    REVOLVING FUND: INTEREST-FREE LOANS TO KLAMATH INDIANS; REFINANCING
                           LENDING AGENCY LOANS
      Use of Revolving Loan Fund for Indians to assist Klamath Indians
    during period for terminating Federal supervision, see note set out
    under section 564 of this title.

-End-



-CITE-
    25 USC Sec. 564d                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 564d. Management specialists

-STATUTE-
    (a) Employment; duties
      The Secretary is authorized and directed to select and retain by
    contract, at the earliest practicable time after August 13, 1954
    and after consultation with the tribe at a general meeting called
    for that purpose, the services of qualified management specialists
    who shall - 
        (1) cause an appraisal to be made, within not more than twelve
      months after their employment, or as soon thereafter as
      practicable, of all tribal property showing its fair market value
      by practicable logging or other appropriate economic units;
        (2) immediately after the appraisal of the tribal property and
      approval of the appraisal by the Secretary, give to each member
      whose name appears on the final roll of the tribe an opportunity
      to elect to withdraw from the tribe and have his interest in
      tribal property converted into money and paid to him, or to
      remain in the tribe and participate in the tribal management plan
      to be prepared pursuant to paragraph (5) of this subsection; in
      the case of members who are minors, persons declared incompetent
      by judicial proceedings, or deceased, the opportunity to make
      such election on their behalf shall be given to the person
      designated by the Secretary as the person best able to represent
      the interests of such member: Provided, however, That any member,
      or any heir or any devisee of any deceased member, for whom the
      Secretary has so designated a representative may (on his own
      behalf, through his natural guardian, or next friend) within one
      hundred and twenty days after receipt of written notice of such
      secretarial designation, contest the secretarial designation in
      any naturalization court for the area in which such member
      resides, by filing of a petition therein requesting designation
      of a named person other than the secretarial designee, and the
      burden shall thereupon devolve upon the Secretary to show cause
      why the member-designated representative should not represent the
      interests of such member, and the decision of such court shall be
      final and conclusive;
        (3) determine and select the portion of the tribal property
      which if sold at the appraised value would provide sufficient
      funds to pay the members who elect to have their interests
      converted into money, arrange for the sale of such property, and
      distribute the proceeds of sale among the members entitled
      thereto: Provided, That any person whose name appears on the
      final roll of the tribe, or a guardian on behalf of any such
      person who is a minor or an incompetent, shall have the right to
      purchase, for his or its own account but not as an agent for
      others, any of such property in lots as offered for sale for not
      less than the highest offer received by competitive bid; any
      individual Indian purchaser who has elected to withdraw from the
      tribe may apply toward the purchase price up to 100 per centum of
      the amount estimated by the Secretary to be due him from the sale
      or taking of forest and marsh land pursuant to subsection (b),
      (d), and (f) of section 564w-1 of this title, and up to 75 per
      centum of the amount estimated by the Secretary to be due him
      from the conversion of his interest in other tribal property; and
      if more than one right is exercised to purchase the same property
      pursuant to this proviso the property shall be sold to one of
      such persons on the basis of competitive bids: Provided further,
      That when determining and selecting the portion of the tribal
      property to be sold, due consideration shall be given to the use
      of such property for grazing purposes by the members of both
      groups of the tribe;
        (4) cause such studies and reports to be made as may be deemed
      necessary or desirable by the tribe or by the Secretary in
      connection with the termination of Federal supervision as
      provided for in this subchapter; and
        (5) cause a plan to be prepared in form and content
      satisfactory to the members who elect to remain in the tribe and
      to the Secretary for the management of tribal property through a
      trustee, corporation, or other legal entity. If no plan that is
      satisfactory both to the members who elect to remain in the tribe
      and to the Secretary has been prepared six months before the time
      limit provided in section 564e(b) of this title the Secretary
      shall adopt a plan for managing the tribal property, subject to
      the provisions of section 564n of this title.
    (b) Availability of funds for expenditures; reimbursement of tribal
      funds
      Such amounts of Klamath tribal funds as may be required for the
    purposes of this section shall be available for expenditure by the
    Secretary. In order to reimburse the tribe, in part, for
    expenditure of such tribal funds as the Secretary deems necessary
    for the purposes of carrying out the requirements of this section,
    there is authorized to be appropriated out of any money in the
    Treasury not otherwise appropriated, an amount equal to one-half of
    such expenditures from tribal funds, or the sum of $550,000,
    whichever is the lesser amount.

-SOURCE-
    (Aug. 13, 1954, ch. 732, Sec. 5, 68 Stat. 718; Pub. L. 85-132, Sec.
    1(b), (d), (e), (g), Aug. 14, 1957, 71 Stat. 347, 348; Pub. L. 85-
    731, Secs. 6-8, Aug. 23, 1958, 72 Stat. 819.)


-MISC1-
                                AMENDMENTS                            
      1958 - Subsec. (a)(3). Pub. L. 85-731, Secs. 6, 7, struck out
    first proviso requiring that funds payable to the withdrawing
    members be distributed as each $200,000 accumulates, and
    substituted "who has elected to withdraw from the tribe may apply
    toward the purchase price up to 100 per centum of the amount
    estimated by the Secretary to be due him from the sale or taking of
    forest and marsh lands pursuant to subsections (b), (d), and (f) of
    section 564w-1 of this title, and up to 75 per centum of the amount
    estimated by the Secretary to be due him from the conversion of his
    interest in other tribal property" for "may apply toward the
    purchase price all or any part of the sum due him from the
    conversion of his interest in tribal property" in second proviso.
      Subsec. (a)(5). Pub. L. 85-731, Sec. 8, inserted sentence to
    provide that if no plan is satisfactory both to the members who
    elect to remain in the tribe and to the Secretary, the Secretary
    shall adopt a management plan.
      1957 - Subsec. (a)(2). Pub. L. 85-132, Sec. 1(d), provided that
    the time of election to withdraw be given after the appraisal is
    approved by the Secretary, and provided for election on behalf of
    minors, incompetents, or deceased persons by designee of Secretary.
      Subsec. (a)(3). Pub. L. 85-132, Sec. 1(e), in second proviso
    provided that any person whose name appears on the final roll of
    the tribe, may purchase for his own account, but not as an agent
    for others, any such property in lots as offered for sale, and
    provided that if more than one right is exercised to purchase the
    same property, it be sold on the basis of competitive bids.
      Subsec. (a)(5). Pub. L. 85-132, Sec. 1(g), substituted "members
    who elect to remain in the tribe" for "tribe".
      Subsec. (b). Pub. L. 85-132, Sec. 1(b), provided for partial
    reimbursement of the tribe for expenditures of tribal funds under
    this section, authorization of appropriation of the lesser of
    amount equal to one-half of such expenditures, or $550,000, in lieu
    of former provisions which charged expenses incident to par. (3) to
    members who withdraw from tribe, charged expenses under pars. (4)
    and (5) to members who remain in tribe, and charged all other
    expenses under this section to interests of both groups of members.

       COMPENSATION FOR SERVICES PERTAINING TO ENACTMENT PROHIBITED   
      Section 3 of Pub. L. 85-731 provided that: "No funds distributed
    pursuant to section 5 of the Act of August 13, 1954, as amended
    [this section], to members who withdraw from the tribe shall be
    paid to any person as compensation for services pertaining to the
    enactment of said Act or amendments thereto [this subchapter] and
    any person making or receiving such payments shall be guilty of a
    misdemeanor and shall be imprisoned for not more than six months
    and fined not more than $500."

    TERMINATION OF CONTRACT WITH MANAGEMENT SPECIALISTS BY SECRETARY OF
                               THE INTERIOR
      Section 4 of Pub. L. 85-731 provided that: "The Secretary of the
    Interior is directed to terminate the contract between him and the
    management specialists by giving immediately the sixty-day notice
    required by paragraph 18 of such contract. When the contract is
    terminated, all of the functions of the management specialists
    under section 5 of the Act of August 13, 1954, as amended [this
    section], shall be performed by the Secretary."

       PROVISIONS REQUIRING ELECTION TO WITHDRAW OR REMAIN IN TRIBE
                     FOLLOWING APPRAISAL AS UNAFFECTED
      Section 5 of Pub. L. 85-731 provided that: "Nothing in this Act
    shall in any way modify or repeal the provisions of subsection 5(a)
    of the Act of August 13, 1954, 68 Stat. 718), as amended [subsec.
    (a) of this section], providing for and requiring members of the
    Klamath Tribe to elect to withdraw from or remain in the tribe,
    following the appraisal of the tribal property."

                       CEMETERIES WITHIN RESERVATION                   
      Section 9 of Pub. L. 85-731 provided that: "Except as provided
    below the provisions of the Act of August 13, 1954 (68 Stat. 718),
    as amended [this subchapter], shall not apply to cemeteries within
    the reservation. The Secretary is hereby authorized and directed to
    transfer title to such properties to any organization authorized by
    the tribe and approved by him. In the event such an organization is
    not formed by the tribe within eighteen months following enactment
    of this Act [August 23, 1958], the Secretary is directed to perfect
    the organization of a nonprofit entity empowered to accept title
    and maintain said cemeteries, any costs involved to be subject to
    the provisions of section 5(b) of said Act of August 13, 1954, as
    amended [subsec. (b) of this section]."

               DEFERRAL OF TIME FOR SALES OF TRIBAL PROPERTY           
      Sales of tribal property made pursuant to subsec. (a)(3) of this
    section or section 564e of this title as deferred until the
    adjournment of the second session of the Eighty-fifth Congress, see
    note set out under section 564e of this title.

-End-



-CITE-
    25 USC Sec. 564e                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 564e. Sale of tribal property

-STATUTE-
    (a) Transfer procedure
      The Secretary is authorized and directed to execute any
    conveyancing instrument that is necessary or appropriate to convey
    title to tribal property to be sold in accordance with the
    provisions of paragraph (3) of subsection (a) of section 564d of
    this title, and to transfer title to all other tribal property to a
    trustee, corporation, or other legal entity in accordance with the
    plan prepared pursuant to paragraph (5) of subsection (a) of
    section 564d of this title.
    (b) Time limitation
      It is the intention of the Congress that all of the actions
    required by section 564d of this title and this section shall be
    completed at the earliest practicable time and in no event later
    than seven years from August 13, 1954.
    (c) Effect on tribal members selling interests
      Members of the tribe who receive the money value of their
    interests in tribal property shall thereupon cease to be members of
    the tribe: Provided, That nothing shall prevent them from sharing
    in the proceeds of tribal claims against the United States.

-SOURCE-
    (Aug. 13, 1954, ch. 732, Sec. 6, 68 Stat. 719; Pub. L. 85-132, Sec.
    1(c), Aug. 14, 1957, 71 Stat. 347; Pub. L. 85-731, Sec. 10, Aug.
    23, 1958, 72 Stat. 819.)


-MISC1-
                                AMENDMENTS                            
      1958 - Subsec. (b). Pub. L. 85-731 substituted "seven years" for
    "six years".
      1957 - Subsec. (b). Pub. L. 85-132 substituted "six years" for
    "four years".

               DEFERRAL OF TIME FOR SALES OF TRIBAL PROPERTY           
      Section 27 of act Aug. 13, 1954, ch. 732, as added by Pub. L. 85-
    132, Sec. 1(a), provided that: "Notwithstanding any other
    provisions of this Act [this subchapter], no sales of tribal
    property shall be made pursuant to paragraph (3) of subsection (a)
    of section 5, or section 6 of this Act [section 564d(a)(3) of this
    title or this section] prior to the adjournment of the second
    session of the Eighty-fifth Congress."

-End-



-CITE-
    25 USC Sec. 564f                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 564f. Per capita payments to tribal members

-STATUTE-
      The Secretary is authorized and directed, as soon as practicable
    after the passage of this subchapter, to pay from such funds as are
    deposited to the credit of the tribe in the Treasury of the United
    States, $250 to each member of the tribe on the rolls of the tribe
    on August 13, 1954. Any other person whose application for
    enrollment on the rolls of the tribe is subsequently approved,
    pursuant to the terms of section 564b of this title, shall, after
    enrollment, be paid a like sum of $250: Provided, That such
    payments shall be made first from the capital reserve fund created
    by section 530 of this title.

-SOURCE-
    (Aug. 13, 1954, ch. 732, Sec. 7, 68 Stat. 720.)

-End-



-CITE-
    25 USC Sec. 564g                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 564g. Individual property

-STATUTE-
    (a) Transfer of unrestricted control
      The Secretary is authorized and directed to transfer within four
    years from August 13, 1954, to each member of the tribe
    unrestricted control of funds or other personal property held in
    trust for such member by the United States.
    (b) Removal of restrictions on sales or encumbrances; fee simple
      title
      All restrictions on the sale or encumbrance of trust or
    restricted interests in land, wherever located, owned by members of
    the tribe (including allottees, purchasers, heirs, and devisees,
    either adult or minor), and on trust or restricted interests in
    land within the Klamath Indian Reservation, regardless of
    ownership, are removed four years after August 13, 1954, and the
    patents or deeds under which titles are then held shall pass the
    titles in fee simple, subject to any valid encumbrances. The titles
    to all interests in trust or restricted land acquired by members of
    the tribe by devise or inheritance four years or more after August
    13, 1954, shall vest in such members in fee simple, subject to any
    valid encumbrance.
    (c) Multiple land ownership; partition; sale; election to purchase;
      unlocated owners
      Prior to the time provided in subsection (b) of this section for
    the removal of restrictions on land owned by one or by more than
    one member of a tribe, the Secretary may - 
        (1) upon request of any of the owners, partition the land and
      issue to each owner a patent or deed for his individual share
      that shall become unrestricted four years from August 13, 1954;
        (2) upon request of any of the owners, and a finding by the
      Secretary that partition of all or any part of the land is not
      practicable, cause all or any part of the land to be sold at not
      less than the appraised value thereof and distribute the proceeds
      of sale to the owners: Provided, That any one or more of the
      owners may elect before a sale to purchase the other interests in
      the land at not less than the appraised value thereof, and the
      purchaser shall receive an unrestricted patent or deed to the
      land; and
        (3) if the whereabouts of none of the owners can be
      ascertained, cause such lands to be sold and deposit the proceeds
      of sale in the Treasury of the United States for safekeeping.
    (d) Approval of exchanges or sales by Secretary
      The Secretary is authorized to approve - 
        (1) the exchange of trust or restricted land between the tribe
      and any of its members;
        (2) the sale by the tribe of tribal property to individual
      members of the tribe; and
        (3) the exchange of tribal property for real property in fee
      status. Title to all real property included in any sale or
      exchange as provided in this subsection shall be conveyed in fee
      simple.

-SOURCE-
    (Aug. 13, 1954, ch. 732, Sec. 8, 68 Stat. 720; Pub. L. 85-132, Sec.
    1(h), (i), Aug. 14, 1957, 71 Stat. 348; Pub. L. 85-731, Sec. 11,
    Aug. 23, 1958, 72 Stat. 819.)


-MISC1-
                                AMENDMENTS                            
      1958 - Subsec. (b). Pub. L. 85-731 struck out provision making
    subsection inapplicable to subsurface rights and directing
    Secretary to transfer subsurface rights to trustees for management
    for a period not less than ten years.
      1957 - Subsec. (b). Pub. L. 85-132, Sec. 1(i), substituted
    "interests in land, wherever located" for "land", and inserted
    "purchasers" and "and on trust or restricted interests in land
    within the Klamath Reservation regardless of ownership" preceding
    proviso.
      Subsec. (c). Pub. L. 85-132, Sec. 1(h), inserted "one or by"
    after "on land owned by".

-End-



-CITE-
    25 USC Sec. 564h                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 564h. Property of deceased members

-STATUTE-
    (a) Federal laws inapplicable to probate
      The Act of June 25, 1910 (36 Stat. 855), the Act of February 14,
    1913 (37 Stat. 678), and other Acts amendatory thereto shall not
    apply to the probate of the trust and restricted property of the
    members of the tribe who die six months or more after August 13,
    1954.
    (b) State, etc., laws applicable to probate
      The laws of the several States, Territories, possessions, and the
    District of Columbia with respect to the probate of wills, the
    determination of heirs, and the administration of decedents'
    estates shall apply to the individual property of members of the
    tribe who die six months or more after August 13, 1954.

-SOURCE-
    (Aug. 13, 1954, ch. 732, Sec. 9(a), (b), 68 Stat. 720, 721.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 25, 1910, referred to in subsec. (a), is act June 25,
    1910, ch. 431, 36 Stat. 855, as amended, which enacted sections 47,
    93, 151, 202, 337, 344a, 351, 352, 353, 372, 403, 406, 407, and 408
    of this title, sections 6a-1 and 16a of Title 41, Public Contracts,
    and section 148 of Title 43, Public Lands, and amended sections
    191, 312, 331, 333, and 336 of this title and sections 104 and 107
    of former Title 18, Criminal Code and Criminal Procedure. Sections
    104 and 107 of former title 18 were repealed and reenacted as
    sections 1853 and 1856 of Title 18, Crimes and Criminal Procedure,
    by act June 25, 1948, ch. 645, 62 Stat. 683. For complete
    classification of this Act to the Code, see Tables.
      Act of February 14, 1913, referred to in subsec. (a), is act Feb.
    14, 1913, ch. 55, 37 Stat. 678, which amended section 373 of this
    title. For complete classification of this Act to the Code, see
    Tables.

-COD-
                               CODIFICATION                           
      Section is comprised of subsecs. (a) and (b) of section 9 of act
    Aug. 13, 1954. Subsection (c) of section 9 repealed section 555 of
    this title.

-End-



-CITE-
    25 USC Sec. 564i                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 564i. Transfer of federally owned property

-STATUTE-
      The Secretary is authorized, in his discretion, to transfer to
    the tribe or any member or group of members thereof any federally
    owned property acquired, withdrawn, or used for the administration
    of the affairs of the tribe which he deems necessary for Indian
    use, or to transfer to a public or nonprofit body any such property
    which he deems necessary for public use and from which members of
    the tribe will derive benefit.

-SOURCE-
    (Aug. 13, 1954, ch. 732, Sec. 10, 68 Stat. 721.)

-End-



-CITE-
    25 USC Sec. 564j                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 564j. Taxes; initial exemption; taxes following distribution;
      valuation for capital gains or losses

-STATUTE-
      No property distributed under the provisions of this subchapter
    shall at the time of distribution be subject to Federal or State
    income tax. Following any distribution of property made under the
    provisions of this subchapter, such property and any income derived
    therefrom by the individual, corporation, or other legal entity
    shall be subject to the same taxes, State and Federal, as in the
    case of non-Indians: Provided, That, for the purpose of capital
    gains or losses the base value of the property shall be the value
    of the property when distributed to the individual, corporation or
    other legal entity.

-SOURCE-
    (Aug. 13, 1954, ch. 732, Sec. 11, 68 Stat. 721.)


-MISC1-
    ALL AMOUNTS REALIZED FROM CONDEMNATION OF CERTAIN FOREST LANDS HELD
                                 IN TRUST
      Pub. L. 94-81, Sec. 1, Aug. 9, 1975, 89 Stat. 417, as amended by
    Pub. L. 96-596, Sec. 5(a), Dec. 24, 1980, 94 Stat. 3476; Pub. L. 99-
    514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided: "That, for
    purposes of the Internal Revenue Code of 1986 [formerly I.R.C.
    1954, Title 26, Internal Revenue Code], all amounts realized by the
    trust from the condemnation, pursuant to Public Law 93-102 [section
    564w-2 of this title], of the Klamath Indian forest lands held by
    the trustee for the Klamath Indian Tribe - 
        "(1) shall be excluded from the gross income of the trust, and
        "(2) on the distribution from the trust of the proceeds of such
      condemnation, shall be excluded from the gross income of each
      person receiving such distribution."

      Section 5(b) of Pub. L. 96-596 provided that: "The amendment made
    by subsection (a) [amending section 1 of Pub. L. 94-81, set out
    above] shall apply to all amounts whether received before, on, or
    after the date of the enactment of this Act [Dec. 24, 1980]."

-End-



-CITE-
    25 USC Sec. 564k                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 564k. Loan transfers; collection by tribe

-STATUTE-
      All loans made from the reimbursable loan fund established by
    section 531 of this title, and all other loans made from Klamath
    tribal funds, including loans of livestock made by the tribe
    repayable in kind, shall be transferred to the tribe for collection
    in accordance with the terms thereof.

-SOURCE-
    (Aug. 13, 1954, ch. 732, Sec. 12, 68 Stat. 721.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 531 of this title, referred to in text, was repealed by
    act Aug. 13, 1954, ch. 732, Sec. 12, 68 Stat. 721.

-COD-
                               CODIFICATION                           
      Section is composed of second sentence of section 12 of act Aug.
    13, 1954. The first sentence of said section 12 repealed sections
    531 to 535 and 542(a) of this title.

-End-



-CITE-
    25 USC Sec. 564l                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 564l. Klamath irrigation works

-STATUTE-
    (a) Transfer of operation and maintenance
      That part of section 499 of title 43, which relates to the
    transfer of the care, operation, and maintenance of reclamation
    works to water users associations or irrigation districts shall be
    applicable to the irrigation works on the Klamath Reservation.
    (b) Termination of construction costs deferment; recordation of
      lien
      Effective on the first day of the calendar year beginning after
    the date of the proclamation provided for in section 564q of this
    title, the deferment of the assessment and collection of
    construction costs provided for in the first proviso of section
    386a of this title, shall terminate with respect to any lands
    within irrigation projects on the Klamath Reservation. The
    Secretary shall cause the first lien against such lands created by
    section 387 (!1) of this title, to be filed of record in the
    appropriate county office.

    (c) Appropriation authorization
      There is authorized to be appropriated out of any funds in the
    Treasury not otherwise appropriated the sum of $89,212 for payment
    to the Klamath Tribe with interest at 4 per centum annually as
    reimbursement for tribal funds used for irrigation construction
    operation and maintenance benefiting nontribal lands on the Klamath
    Reservation, such interest being computed from the dates of
    disbursement of such funds from the United States Treasury.
    (d) Adjustment of reimbursable irrigation costs
      The Secretary is authorized to adjust, eliminate, or cancel all
    or any part of reimbursable irrigation operation and maintenance
    costs and reimbursable irrigation construction costs chargeable
    against Indian owned lands that are subject to the provisions of
    this subchapter, and all or any part of assessments heretofore or
    hereafter imposed on account of such costs, when he determines that
    the collection thereof would be inequitable or would result in
    undue hardship on the Indian owner of the land, or that the
    administrative costs of collection would probably equal or exceed
    the amount collected.
    (e) Applicable irrigation laws
      Nothing contained in any other section of this subchapter shall
    affect in any way the laws applicable to irrigation projects on the
    Klamath Reservation.

-SOURCE-
    (Aug. 13, 1954, ch. 732, Sec. 13, 68 Stat. 721.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 387 of this title, referred to in subsec. (b), was
    omitted after not being repeated in the Interior Department
    Appropriation Act of 1947, July 1, 1946, ch. 529, 60 Stat. 348.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    25 USC Sec. 564m                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 564m. Water and fishing rights

-STATUTE-
    (a) Water rights; laws applicable to abandonment
      Nothing in this subchapter shall abrogate any water rights of the
    tribe and its members, and the laws of the State of Oregon with
    respect to the abandonment of water rights by nonuse shall not
    apply to the tribe and its members until fifteen years after the
    date of the proclamation issued pursuant to section 564q of this
    title.
    (b) Fishing rights or privileges
      Nothing in this subchapter shall abrogate any fishing rights or
    privileges of the tribe or the members thereof enjoyed under
    Federal treaty.

-SOURCE-
    (Aug. 13, 1954, ch. 732, Sec. 14, 68 Stat. 722.)

-End-



-CITE-
    25 USC Sec. 564n                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 564n. Protection of minors, persons non compos mentis, and
      other members needing assistance; guardians; other adequate
      means; trusts; annuities; assistance factors; contests

-STATUTE-
      Prior to the transfer of title to, or the removal of restrictions
    from, property in accordance with the provisions of this
    subchapter, the Secretary shall protect the rights of members of
    the tribe who are minors, non compos mentis, or in the opinion of
    the Secretary in need of assistance in conducting their affairs, by
    causing the appointment of guardians for such members in courts of
    competent jurisdiction, or by such other means as he may deem
    adequate, without application from the member, including but not
    limited to the creation of a trust of such member's property with a
    trustee selected by the Secretary, or the purchase by the Secretary
    of an annuity for such member: Provided, however, That no member
    shall be declared to be in need of assistance in conducting his
    affairs unless the Secretary determines that such member does not
    have sufficient ability, knowledge, experience, and judgment to
    enable him to manage his business affairs, including the
    administration, use, investment, and disposition of any property
    turned over to such member and the income and proceeds therefrom,
    with such reasonable degree of prudence and wisdom as will be apt
    to prevent him from losing such property or the benefits thereof:
    Provided further, That any member determined by the Secretary to be
    in need of assistance in conducting his affairs may, within one
    hundred and twenty days after receipt of written notice of such
    secretarial determination, contest the secretarial determination in
    any naturalization court for the area in which said member resides
    by filing therein a petition having that purpose; the burden shall
    thereupon devolve upon the Secretary to show cause why such member
    should not conduct his own affairs, and the decision of such court
    shall be final and conclusive with respect to the affected member's
    conduct of his affairs.

-SOURCE-
    (Aug. 13, 1954, ch. 732, Sec. 15, 68 Stat. 722; Pub. L. 85-132,
    Sec. 1(j), Aug. 14, 1957, 71 Stat. 348.)


-MISC1-
                                AMENDMENTS                            
      1957 - Pub. L. 85-132 inserted provisions allowing Secretary to
    act without application from member to create a trust or purchase
    an annuity for such member, by setting out factors for
    determination by Secretary before he declares a member to be in
    need of assistance, and by providing for contest of such
    secretarial determination by member.

-End-



-CITE-
    25 USC Sec. 564o                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 564o. Advances or expenditures from tribal funds

-STATUTE-
      Pending the completion of the property dispositions provided for
    in this subchapter, the funds now on deposit, or hereafter
    deposited, in the United States Treasury to the credit of the tribe
    shall be available for advance to the tribe, or for expenditure,
    for such purposes as may be designated by the governing body of the
    tribe and approved by the Secretary.

-SOURCE-
    (Aug. 13, 1954, ch. 732, Sec. 16, 68 Stat. 722.)

-End-



-CITE-
    25 USC Sec. 564p                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 564p. Execution by Secretary of patents, deeds, etc.

-STATUTE-
      The Secretary shall have authority to execute such patents,
    deeds, assignments, releases, certificates, contracts, and other
    instruments as may be necessary or appropriate to carry out the
    provisions of this subchapter, or to establish a marketable and
    recordable title to any property disposed of pursuant to this
    subchapter.

-SOURCE-
    (Aug. 13, 1954, ch. 732, Sec. 17, 68 Stat. 722.)

-End-



-CITE-
    25 USC Sec. 564q                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 564q. Termination of Federal trust

-STATUTE-
    (a) Publication; termination of Federal services; application of
      Federal and State laws
      Upon removal of Federal restrictions on the property of the tribe
    and individual members thereof, the Secretary shall publish in the
    Federal Register a proclamation declaring that the Federal trust
    relationship to the affairs of the tribe and its members has
    terminated. Thereafter individual members of the tribe shall not be
    entitled to any of the services performed by the United States for
    Indians because of their status as Indians and, except as otherwise
    provided in this subchapter, all statutes of the United States
    which affect Indians because of their status as Indians shall no
    longer be applicable to the members of the tribe, and the laws of
    the several States shall apply to the tribe and its members in the
    same manner as they apply to other citizens or persons within their
    jurisdiction.
    (b) Citizenship status unaffected
      Nothing in this subchapter shall affect the status of the members
    of the tribe as citizens of the United States.

-SOURCE-
    (Aug. 13, 1954, ch. 732, Sec. 18, 68 Stat. 722.)

-End-



-CITE-
    25 USC Sec. 564r                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 564r. Termination of Federal powers over tribe

-STATUTE-
      Effective on the date of the proclamation provided for in section
    564q of this title, all powers of the Secretary or other officer of
    the United States to take, review, or approve any action under the
    constitution and bylaws of the tribe are terminated. Any powers
    conferred upon the tribe by such constitution which are
    inconsistent with the provisions of this subchapter are terminated.
    Such termination shall not affect the power of the tribe to take
    any action under its constitution and bylaws that is consistent
    with this subchapter without the participation of the Secretary or
    other officer of the United States.

-SOURCE-
    (Aug. 13, 1954, ch. 732, Sec. 19, 68 Stat. 722.)

-End-



-CITE-
    25 USC Sec. 564s                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 564s. Set off of individual indebtedness; credit

-STATUTE-
      The Secretary is authorized to set off against any indebtedness
    payable to the tribe or to the United States by an individual
    member of the tribe or payable to the United States by the tribe,
    any funds payable to such individual or tribe under this subchapter
    and to deposit the amounts set off to the credit of the tribe or
    the United States as the case may be.

-SOURCE-
    (Aug. 13, 1954, ch. 732, Sec. 20, 68 Stat. 723.)

-End-



-CITE-
    25 USC Sec. 564t                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 564t. Indian claims unaffected

-STATUTE-
      Nothing contained in this subchapter shall deprive the tribe or
    its constituent parts of any right, privilege, or benefit granted
    by the Act of August 13, 1946 (60 Stat. 1049) [25 U.S.C. 70 et
    seq.].

-SOURCE-
    (Aug. 13, 1954, ch. 732, Sec. 21, 68 Stat. 723.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of August 13, 1946, referred to in text, is act Aug. 13,
    1946, ch. 959, 60 Stat. 1049, as amended, known as the Indian
    Claims Commission Act of 1946, which was classified generally to
    chapter 2A (Sec. 70 et seq.) of this title and was omitted in view
    of the termination of the Indian Claims Commission on Sept. 30,
    1978. See Codification note set out under former section 70 et seq.
    of this title.

-End-



-CITE-
    25 USC Sec. 564u                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 564u. Valid leases, permits, liens, etc., unaffected

-STATUTE-
      Nothing in this subchapter shall abrogate any valid lease,
    permit, license, right-of-way, lien, or other contract heretofore
    approved. Whenever any such instrument places in or reserves to the
    Secretary any powers, duties, or other functions with respect to
    the property subject thereto, the Secretary may transfer such
    functions, in whole or in part, to any Federal agency with the
    consent of such agency and may transfer such functions, in whole or
    in part to a State agency with the consent of such agency and the
    other party or parties to such instrument.

-SOURCE-
    (Aug. 13, 1954, ch. 732, Sec. 22, 68 Stat. 723.)

-End-



-CITE-
    25 USC Sec. 564v                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 564v. Rules and regulations; tribal referenda

-STATUTE-
      The Secretary is authorized to issue rules or regulations
    necessary to effectuate the purposes of this subchapter, and may in
    his discretion provide for tribal referenda on matters pertaining
    to management or disposition of tribal assets.

-SOURCE-
    (Aug. 13, 1954, ch. 732, Sec. 23, 68 Stat. 723.)

-End-



-CITE-
    25 USC Sec. 564w                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 564w. Education and training program; purposes; subjects;
      transportation; subsistence; contracts; other education programs

-STATUTE-
      Prior to the issuance of a proclamation in accordance with the
    provisions of section 564q of this title, the Secretary is
    authorized to undertake, within the limits of available
    appropriations, a special program of education and training
    designed to help the members of the tribe to earn a livelihood, to
    conduct their own affairs, and to assume their responsibilities as
    citizens without special services because of their status as
    Indians. Such program may include language training, orientation in
    non-Indian community customs and living standards, vocational
    training and related subjects, transportation to the place of
    training or instruction, and subsistence during the course of
    training or instruction. For the purposes of such program the
    Secretary is authorized to enter into contracts or agreements with
    any Federal, State, or local governmental agency, corporation,
    association, or person. Nothing in this section shall preclude any
    Federal agency from undertaking any other program for the education
    and training of Indians with funds appropriated to it.

-SOURCE-
    (Aug. 13, 1954, ch. 732, Sec. 26, 68 Stat. 723.)

-End-



-CITE-
    25 USC Sec. 564w-1                                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 564w-1. Klamath Indian Forest and Klamath Marsh

-STATUTE-
      Notwithstanding the provisions of sections 564d and 564e of this
    title, and all Acts amendatory thereof - 
      (a) Designation of boundaries
        The tribal lands that comprise the Klamath Indian Forest, and
      the tribal lands that comprise the Klamath Marsh, shall be
      designated by the Secretary of the Interior and the Secretary of
      Agriculture, jointly.
      (b) Sales; terms and conditions
        The portion of the Klamath Indian Forest that is selected for
      sale pursuant to section 564d(a)(3) of this title to pay members
      who withdraw from the tribe shall be offered for sale by the
      Secretary of the Interior in appropriate units, on the basis of
      competitive bids, to any purchaser or purchasers who agree to
      manage the forest lands as far as practicable according to
      sustained yield procedures so as to furnish a continuous supply
      of timber according to plans to be prepared and submitted by them
      for approval and inclusion in the conveyancing instruments in
      accordance with specifications and requirements referred to in
      the invitations for bids: Provided, That no sale shall be for a
      price that is less than the realization value of the units
      involved determined as provided in subsection (c) of this
      section. The terms and conditions of the sales shall be
      prescribed by the Secretary. The specifications and minimum
      requirements to be included in the invitations for bids, and the
      determination of appropriate units for sale, shall be developed
      and made jointly by the Secretary of the Interior and the
      Secretary of Agriculture. Such plans when prepared by the
      purchaser shall include provisions for the conservation of soil
      and water resources as well as for the management of the timber
      resources as hereinbefore set forth in this section. Such plans
      shall be satisfactory to and have the approval of the Secretary
      of Agriculture as complying with the minimum standards included
      in said specifications and requirements before the prospective
      purchaser shall be entitled to have his bid considered by the
      Secretary of the Interior and the failure on the part of the
      purchaser to prepare and submit a satisfactory plan to the
      Secretary of Agriculture shall constitute grounds for rejection
      of such bid. Such plans shall be incorporated as conditions in
      the conveyancing instruments executed by the Secretary and shall
      be binding on the grantee and all successors in interest. The
      conveyancing instruments shall provide for a forfeiture and a
      reversion of title to the lands to the United States, not in
      trust for or subject to Indian use, in the event of a breach of
      such conditions. The purchase price paid by the grantee shall be
      deemed to represent the full appraised fair market value of the
      lands, undiminished by the right of reversion retained by the
      United States in a nontrust status, and the retention of such
      right of reversion shall not be the basis for any claim against
      the United States. The Secretary of Agriculture shall be
      responsible for enforcing such conditions. Upon any reversion of
      title pursuant to this subsection, the lands shall become
      national forest lands subject to the laws that are applicable to
      lands acquired pursuant to the Act of March 1, 1911 (36 Stat.
      961), as amended.
      (c) Appraisals; notice to Congressional committees;
        appropriation; realization value; report to Congressional
        committees
        Within sixty days after August 23, 1958 the Secretary of the
      Interior shall contract by negotiation with three qualified
      appraisers or three qualified appraisal organizations for a
      review of the appraisal approved by the Secretary pursuant to
      section 564d(a)(2) of this title. In such review full
      consideration shall be given to all reasonably ascertainable
      elements of land, forest, and mineral values. Not less than
      thirty days before executing such contracts the Secretary shall
      notify the chairman of the House Committee on Interior and
      Insular Affairs and the chairman of the Senate Committee on
      Interior and Insular Affairs of the names and addresses of the
      appraisers selected. The cost of the appraisal review shall be
      paid from tribal funds which are made available for such purpose,
      subject to full reimbursement by the United States, and the
      appropriation of funds for that purpose is authorized. Upon the
      basis of a review of the appraisal heretofore made of the forest
      units and marsh lands involved and such other materials as may be
      readily available, including additional market data since the
      date of the prior appraisal, but without making any new and
      independent appraisal, each appraiser shall estimate the fair
      market value of such forest units and marsh lands as if they had
      been offered for sale on a competitive market without limitation
      on use during the interval between the adjournment of the Eighty-
      fifth Congress and the termination date specified in section
      564e(b) of this title. This value shall be known as the
      realization value. If the three appraisers are not able to agree
      on the realization value of such forest units and marsh lands,
      then such realization values shall be determined by averaging the
      values estimated by each appraiser. The Secretary shall report
      such realization values to the chairman of the House Committee on
      Interior and Insular Affairs and to the chairman of the Senate
      Committee on Interior and Insular Affairs not later than January
      15, 1959. No sale of forest units that comprise the Klamath
      Indian Forest designated pursuant to subsection (a) of this
      section shall be made under the provisions of this subchapter
      prior to April 1, 1959.
      (d) Unsold forest units and marsh lands; title after publication
        in Federal Register; aggregate realization value; appropriation
        If all of the forest units offered for sale in accordance with
      subsection (b) of this section are not sold before April 1, 1961,
      the Secretary of Agriculture shall publish in the Federal
      Register a proclamation taking title in the name of the United
      States to as many of the unsold units or parts thereof as have,
      together with the Klamath Marsh lands acquired pursuant to
      subsection (f) of the section, an aggregate realization value of
      not to exceed $90,000,000, which shall be the maximum amount
      payable for lands acquired by the United States pursuant to this
      subchapter. Compensation for the forest lands so taken shall be
      the realization value of the lands determined as provided in
      subsection (c) of this section, unless a different amount is
      provided by law enacted prior to the proclamation of the
      Secretary of Agriculture. Appropriation of funds for that purpose
      is authorized. Payment shall be made as soon as possible after
      the proclamation of the Secretary of Agriculture. Such lands
      shall become national forest lands subject to the laws that are
      applicable to lands acquired pursuant to the Act of March 1, 1911
      (36 Stat. 961), as amended. Any of the forest units that are
      offered for sale and that are not sold or taken pursuant to
      subsection (b) or (d) of this section shall be subject to sale
      without limitation on use in accordance with the provisions of
      section 564d of this title.
      (e) Sale of retained lands to Secretary of Agriculture
        If at any time any of the tribal lands that comprise the
      Klamath Indian Forest and that are retained by the tribe are
      offered for sale other than to members of the tribe, such lands
      shall first be offered for sale to the Secretary of Agriculture,
      who shall be given a period of twelve months after the date of
      each such offer within which to purchase such lands. No such
      lands shall be sold at a price below the price at which they have
      been offered for sale to the Secretary of Agriculture, and if
      such lands are reoffered for sale they shall first be reoffered
      to the Secretary of Agriculture. The Secretary of Agriculture is
      authorized to purchase such lands subject to such terms and
      conditions as to the use thereof as he may deem appropriate, and
      any lands so acquired shall thereupon become national forest
      lands subject to the laws that are applicable to lands acquired
      pursuant to the Act of March 1, 1911 (36 Stat. 961), as amended.
      (f) Klamath Marsh National Wildlife Refuge; appropriation
        The lands that comprise the Klamath Marsh shall be a part of
      the property selected for sale pursuant to section 564d(a)(3) of
      this title to pay members who withdraw from the tribe. Title to
      such lands is taken in the name of the United States, effective
      the earliest date after September 30, 1959, when the Secretary of
      the Interior determines that funds for the payment of the
      purchase price are available from the sale of stamps under the
      Migratory Bird Hunting Stamp Act of March 16, 1934, as amended
      [16 U.S.C. 718 et seq.]. Such lands are designated as the Klamath
      Marsh National Wildlife Refuge, which shall be administered in
      accordance with the law applicable to areas acquired pursuant to
      section 4 of the Act of March 16, 1934 (48 Stat. 451), as amended
      or supplemented [16 U.S.C. 718d]. Compensation for said taking
      shall be the realization value of the lands determined in
      accordance with subsection (c) of this section, and shall be paid
      out of funds in the Treasury of the United States, which are
      authorized to be appropriated for that purpose.
      (g) Homesites
        Any person whose name appears on the final roll of the tribe,
      and who has since December 31, 1956, continuously resided on any
      lands taken by the United States by subsections (d) and (f) of
      this section, shall be entitled to occupy and use as a homesite
      for his lifetime a reasonable acreage of such lands, as
      determined by the Secretary of Agriculture, subject to such
      regulations as the Secretary of Agriculture may issue to
      safeguard the administration of the national forest and as the
      Secretary of the Interior may issue to safeguard the
      administration of the Klamath Marsh National Wildlife Refuge.
      (h) Administration of outstanding timber sales contracts
        If title to any of the lands comprising the Klamath Indian
      Forest is taken by the United States, the administration of any
      outstanding timber sales contracts thereon entered into by the
      Secretary of the Interior as trustee for the Klamath Indians
      shall be administered by the Secretary of Agriculture.
      (i) Right of United States to use roads
        All sales of tribal lands pursuant to subsection (b) of this
      section or pursuant to section 564d of this title on which roads
      are located shall be made subject to the right of the United
      States and its assigns to maintain and use such roads.

-SOURCE-
    (Aug. 13, 1954, ch. 732, Sec. 28, as added Pub. L. 85-731, Sec. 1,
    Aug. 23, 1958, 72 Stat. 816; amended Pub. L. 86-247, Sept. 9, 1959,
    73 Stat. 477; Pub. L. 105-312, title II, Sec. 205, Oct. 30, 1998,
    112 Stat. 2957; Pub. L. 105-321, Sec. 4(e), Oct. 30, 1998, 112
    Stat. 3025.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of March 1, 1911, referred to in subsecs. (b), (d), and (e),
    is act Mar. 1, 1911, ch. 186, 36 Stat. 961, as amended, popularly
    known as the Weeks Law, which is classified to sections 480, 500,
    513 to 519, 521, 552, and 563 of Title 16, Conservation. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 552 of Title 16 and Tables.
      The adjournment of the Eighty-fifth Congress, referred to in
    subsec. (c) of this section, took place on Aug. 24, 1958.
      The Migratory Bird Hunting Stamp Act, referred to in subsec. (f),
    subsequently renamed the Migratory Bird Hunting and Conservation
    Stamp Act, is act Mar. 16, 1934, ch. 71, 48 Stat. 451, as amended,
    which is classified generally to subchapter IV (Sec. 718 et seq.)
    of chapter 7 of Title 16, Conservation. For complete classification
    of this Act to the Code, see Short Title note set out under section
    718 of Title 16 and Tables.


-MISC1-
                                AMENDMENTS                            
      1998 - Subsecs. (f), (g). Pub. L. 105-312 and Pub. L. 105-321
    amended subsecs. (f) and (g) identically, substituting "Klamath
    Marsh National Wildlife Refuge" for "Klamath Forest National
    Wildlife Refuge".
      1959 - Subsec. (f). Pub. L. 86-247 changed date for Federal
    acquisition of Klamath Indian Marsh from April 1, 1961, to earliest
    date after September 30, 1959, that funds are available to pay for
    property from sale of stamps.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Interior and Insular Affairs of the Senate abolished
    and replaced by Committee on Energy and Natural Resources of the
    Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of
    the Senate, as amended by Senate Resolution No. 4, Ninety-fifth
    Congress (popularly cited as the "Committee System Reorganization
    Amendments of 1977"), approved Feb. 4, 1977. Section 105 of Senate
    Resolution No. 4 established a temporary Select Committee on Indian
    Affairs having jurisdiction over matters relating to Indian affairs
    (such matters previously having been within the jurisdiction of the
    Committee on Interior and Insular Affairs). Senate Resolution No.
    127, June 6, 1984, Ninety-eighth Congress, established the Select
    Committee on Indian Affairs as a permanent committee of the Senate,
    and section 25 of Senate Resolution No. 71, Feb. 25, 1993, One
    Hundred Third Congress, redesignated the Select Committee on Indian
    Affairs as the Committee on Indian Affairs.
      Committee on Interior and Insular Affairs of the House of
    Representatives changed to Committee on Natural Resources of the
    House of Representatives on Jan. 5, 1993, by House Resolution No.
    5, One Hundred Third Congress. Committee on Natural Resources of
    House of Representatives treated as referring to Committee on
    Resources of House of Representatives by section 1(a) of Pub. L.
    104-14, set out as a note preceding section 21 of Title 2, The
    Congress.

-End-



-CITE-
    25 USC Sec. 564w-2                                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 564w-2. Federal acquisition of tribal land

-STATUTE-
    (a) Condemnation authority
      The Secretary of Agriculture is authorized and directed to
    acquire by condemnation all of the Klamath Indian forest lands
    which the trustee for the Klamath Indian Tribe is required to sell
    by the terms of its trust agreement, and the lands so acquired
    shall become a part of the Winema National Forest.
    (b) Initiation of action; authorization of appropriations
      The condemnation action may be initiated either before or after
    the lands are offered for sale by the trustee, and for the purpose
    of carrying out the provisions of this section, there is hereby
    authorized to be appropriated not to exceed $70,000,000.
    (c) Applicability of homesite provisions
      The homesite provisions of section 564w-1(g) of this title shall
    apply to the lands acquired by the Secretary pursuant to this
    subchapter.

-SOURCE-
    (Aug. 13, 1954, ch. 732, Sec. 29, as added Pub. L. 93-102, Aug. 16,
    1973, 87 Stat. 349.)

-End-



-CITE-
    25 USC Sec. 564x                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 564x. Timber sales

-STATUTE-
      Nothing in this subchapter shall affect the authority to make
    timber sales otherwise authorized by law prior to the termination
    of Federal control over such timber.

-SOURCE-
    (Pub. L. 85-132, Sec. 2, Aug. 14, 1957, 71 Stat. 348.)

-COD-
                               CODIFICATION                           
      This section was not enacted as a part of act Aug. 13, 1954, ch.
    732, 68 Stat. 718, which comprises this subchapter.

-End-


-CITE-
    25 USC SUBCHAPTER XIV - KLAMATH TRIBE: DISTRIBUTION OF
           JUDGMENT FUND                                   01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIV - KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
       SUBCHAPTER XIV - KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND   

-End-



-CITE-
    25 USC Sec. 565                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIV - KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 565. Authorization to distribute funds

-STATUTE-
      The Secretary of the Interior is authorized and directed to
    distribute in accordance with the provisions of this subchapter the
    funds appropriated in satisfaction of a judgment obtained by the
    Klamath and Modoc Tribes and Yahooskin Band of Snake Indians,
    hereinafter called the Klamath Tribe for the purposes of the
    administration of this subchapter, from the Indian Claims
    Commission against the United States in docket numbered 100, and
    all other funds heretofore or hereafter deposited in the United
    States Treasury to the credit of the Klamath Tribe or any of its
    constituent parts or groups, except the funds heretofore or
    hereafter set aside for the purpose of paying the usual and
    necessary expenses of prosecuting claims against the United States.

-SOURCE-
    (Pub. L. 89-224, Sec. 1, Oct. 1, 1965, 79 Stat. 897.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 565a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIV - KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 565a. Distribution to persons on final roll; payment of shares
      due living adults, deceased enrollees, adults under legal
      disabilities, persons in need of assistance, and minors

-STATUTE-
      (a) A distribution shall be made of the funds resulting from
    docket numbered 100, including interest, after deducting litigation
    expenses and estimated costs of distribution to all persons whose
    names appear on the final roll of the Klamath Tribe, which roll was
    closed and made final as of August 13, 1954 (68 Stat. 718). Except
    as provided in subsections (b), (c), (d), and (e) of this section,
    a share or portion of a share payable to a living adult shall be
    paid directly to such adult; (b) a share payable to a deceased
    enrollee shall be paid to his heirs or legatees upon the filing of
    proof of death and inheritance satisfactory to the Secretary of the
    Interior, whose findings and determinations upon such proof shall
    be final and conclusive: Provided, That amounts payable to deceased
    heirs amounting to $5 or less shall not be paid, and such amounts
    shall remain in the United States Treasury to the credit of the
    Klamath Tribe; (c) a share payable to an adult under legal
    disability shall be paid to his legal representative; (d) a share
    payable to a person previously found to be in need of assistance
    under the provisions of section 564n of this title, may be paid
    directly to the individual or, if the Secretary deems it in the
    best interest of the individual, it may be added to the trust now
    in force on behalf of the said individual, with concurrence of the
    trustee; and (e) a share or portion of a share payable to a person
    under age of majority as determined by the laws of the State of
    residence shall be paid to a parent, legal guardian, or trustee of
    such minor.

-SOURCE-
    (Pub. L. 89-224, Sec. 2, Oct. 1, 1965, 79 Stat. 897.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      August 13, 1954, referred to in text, is a reference to section 3
    of act Aug. 13, 1954, ch. 732, 68 Stat. 718, which is classified to
    section 564b of this title.

-End-



-CITE-
    25 USC Sec. 565b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIV - KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 565b. Time of payment; claims for shares of deceased enrollees

-STATUTE-
      Within sixty days of October 1, 1965, the Secretary of the
    Interior shall commence to pay the share due to each living person
    whose name appears on the final roll of August 13, 1954. As to
    members who have died since promulgation of the final roll of
    August 13, 1954, the Secretary shall mail a notice of distribution
    of funds and a form for presentation of a claim thereunder to all
    known heirs or legatees of such deceased enrollees. All such claims
    shall be filed with the area director of the Bureau of Indian
    Affairs, Portland, Oregon, within two years following October 1,
    1965. From and after that date, all claims and the right to file
    claims for any distribution from the judgment in docket numbered
    100 shall be forever barred.

-SOURCE-
    (Pub. L. 89-224, Sec. 3, Oct. 1, 1965, 79 Stat. 897.)

-End-



-CITE-
    25 USC Sec. 565c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIV - KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 565c. Disposition of funds remaining after distribution

-STATUTE-
      Funds remaining in the United States Treasury to the credit of
    the said Klamath Tribe, or any of its constituent parts or groups,
    after the distribution of funds resulting from Indian Claims
    Commission docket numbered 100 as provided by sections 565a and
    565b of this title, together with any other funds which may be
    deposited in the United States Treasury, including without
    limitation funds accruing from other judgments against the United
    States ((!1) after payment of expenses, including attorney fees,
    payments for rights-of-way, trespass damages, or other revenues,
    together with any interest accrued thereon, shall, after deduction
    of the estimated cost of distribution, be distributed from time to
    time as determined by the Secretary to the members of the Klamath
    Tribe or to the members of any of its constituent parts or groups
    in the same manner as provided in sections 565a and 565b of this
    title.


-SOURCE-
    (Pub. L. 89-224, Sec. 4, Oct. 1, 1965, 79 Stat. 897.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-FOOTNOTE-
    (!1) So in original. No closing parenthesis was enacted.


-End-



-CITE-
    25 USC Sec. 565d                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIV - KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 565d. Disposition of funds insufficient to justify further
      distribution

-STATUTE-
      After all claims of the Klamath Tribe or any of its constituent
    parts or groups against the United States have been finally
    determined, appropriated, and distributed, as provided in sections
    565a, 565b, and 565c of this title; and after all litigation
    expenses (including attorney fees) and costs of distributions have
    been paid, any funds remaining in the United States Treasury to the
    credit of the Klamath Tribe or any of its constituent parts or
    groups which, in the discretion of the Secretary of the Interior
    are insufficient to justify a further distribution, shall be
    deposited in the miscellaneous receipts of the Treasury of the
    United States.

-SOURCE-
    (Pub. L. 89-224, Sec. 5, Oct. 1, 1965, 79 Stat. 898.)

-End-



-CITE-
    25 USC Sec. 565e                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIV - KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 565e. Costs

-STATUTE-
      The costs of distribution may be paid out of the deductions
    authorized by sections 565a and 565c of this title. Any unused
    portion of such amounts shall remain in the United States Treasury
    to the credit of the Klamath Tribe.

-SOURCE-
    (Pub. L. 89-224, Sec. 6, Oct. 1, 1965, 79 Stat. 898.)

-End-



-CITE-
    25 USC Sec. 565f                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIV - KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 565f. Taxes

-STATUTE-
      None of the funds distributed pursuant to this subchapter shall
    be subject to Federal or State income tax.

-SOURCE-
    (Pub. L. 89-224, Sec. 7, Oct 1, 1965, 79 Stat. 898.)

-End-



-CITE-
    25 USC Sec. 565g                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIV - KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 565g. Rules and regulations

-STATUTE-
      The Secretary is authorized to prescribe rules and regulations to
    carry out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 89-224, Sec. 8, Oct. 1, 1965, 79 Stat. 898.)

-End-


-CITE-
    25 USC SUBCHAPTER XIV-A - KLAMATH TRIBE: RESTORATION OF
           FEDERAL SUPERVISION                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIV-A - KLAMATH TRIBE: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
         SUBCHAPTER XIV-A - KLAMATH TRIBE: RESTORATION OF FEDERAL
                                SUPERVISION

-End-



-CITE-
    25 USC Sec. 566                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIV-A - KLAMATH TRIBE: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 566. Restoration of Federal recognition, rights, and
      privileges

-STATUTE-
    (a) Federal recognition
      Notwithstanding any provision of law, Federal recognition is
    hereby extended to the tribe and to members of the tribe. Except as
    otherwise provided in this subchapter, all laws and regulations of
    the United States of general application to Indians or nations,
    tribes, or bands of Indians which are not inconsistent with any
    specific provision of this subchapter shall be applicable to the
    tribe and its members.
    (b) Restoration of rights and privileges
      All rights and privileges of the tribe and the members of the
    tribe under any Federal treaty, Executive order, agreement, or
    statute, or any other Federal authority, which may have been
    diminished or lost under the Act entitled "An Act to provide for
    the termination of Federal supervision over the property of the
    Klamath Tribe of Indians located in the State of Oregon and the
    individual members thereof, and for other purposes", approved
    August 13, 1954 (25 U.S.C. 564 et seq.), are restored, and the
    provisions of such Act, to the extent that they are inconsistent
    with this subchapter, shall be inapplicable to the tribe and to
    members of the tribe after August 27, 1986.
    (c) Federal services and benefits
      Notwithstanding any other provision of law, the tribe and its
    members shall be eligible, on and after August 27, 1986, for all
    Federal services and benefits furnished to federally recognized
    Indian tribes or their members without regard to the existence of a
    reservation for the tribe. In the case of Federal services
    available to members of federally recognized Indian tribes residing
    on or near a reservation, members of the tribe residing in Klamath
    County shall be deemed to be residing in or near a reservation. Any
    member residing in Klamath County shall continue to be eligible to
    receive any such Federal service notwithstanding the establishment
    of a reservation for the tribe in the future. Notwithstanding any
    other provision of law, the tribe shall be considered an Indian
    tribe for the purpose of the "Indian Tribal Government Tax Status
    Act" (Sec. 7871, I.R.C. 1986).
    (d) Certain rights not altered
      Nothing in this subchapter shall alter any property right or
    obligation, any contractual right or obligation, or any obligation
    for taxes already levied.
    (e) Modoc Indian Tribe of Oklahoma
      This subchapter does not apply to the members of the Modoc Indian
    Tribe of Oklahoma as recognized under section 861a(a) of this title
    and the Klamath Tribe of Indians does not (except for the purposes
    set out in section 861a(a)(1) of this title) include the members of
    the Modoc Indian Tribe of Oklahoma.

-SOURCE-
    (Pub. L. 99-398, Sec. 2, Aug. 27, 1986, 100 Stat. 849; Pub. L. 99-
    514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act approved August 13, 1954, referred to in subsec. (b), is act
    Aug. 13, 1954, ch. 732, 68 Stat. 718, as amended, which is
    classified generally to subchapter XIII (Sec. 564 et seq.) of this
    chapter. For complete classification of this Act to the Code, see
    Tables.
      The Indian Tribal Government Tax Status Act (Sec. 7871, I.R.C.
    1986), referred to in subsec. (c), probably means the Indian Tribal
    Governmental Tax Status Act of 1982, which is title II of Pub. L.
    97-473, Jan. 14, 1983, 96 Stat. 2607, as amended, and is classified
    principally to subchapter C (Sec. 7871) of chapter 80 of Title 26,
    Internal Revenue Code. For complete classification of this Act to
    the Code, see Short Title of 1983 Amendments note set out under
    section 1 of Title 26 and Tables.


-MISC1-
                                AMENDMENTS                            
      1986 - Subsec. (c). Pub. L. 99-514 substituted "I.R.C. 1986"
    meaning Internal Revenue Code of 1986 for "I.R.C. 1954" meaning
    Internal Revenue Code of 1954.

                                SHORT TITLE                            
      Section 1 of Pub. L. 99-398 provided that: "This Act [enacting
    this subchapter] may be cited as the 'Klamath Indian Tribe
    Restoration Act'."

-End-



-CITE-
    25 USC Sec. 566a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIV-A - KLAMATH TRIBE: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 566a. Tribe Constitution and Bylaws

-STATUTE-
      The tribe's Constitution and Bylaws shall remain in full force
    and effect and nothing in this subchapter shall affect the power of
    the General Council to take any action under the Constitution and
    Bylaws.

-SOURCE-
    (Pub. L. 99-398, Sec. 3, Aug. 27, 1986, 100 Stat. 850.)

-End-



-CITE-
    25 USC Sec. 566b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIV-A - KLAMATH TRIBE: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 566b. Conservation and development of lands

-STATUTE-
    (a) In general
      Notwithstanding the tribe's previous rejection of the Act of June
    18, 1934 (25 U.S.C. 461 et seq.), upon written request of the
    General Council, the Secretary of the Interior shall conduct a
    special election pursuant to section 18 of such Act [25 U.S.C. 478]
    to determine if such Act should be applicable to the tribe.
    (b) Adoption of constitution
      Upon written request of the General Council, the Secretary shall
    conduct an election pursuant to section 16 of the Act approved on
    June 18, 1934 (43 Stat. 987; 25 U.S.C. 476), for the purpose of
    adopting a new constitution for the tribe.

-SOURCE-
    (Pub. L. 99-398, Sec. 4, Aug. 27, 1986, 100 Stat. 850.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, referred to in text, popularly known as the
    Indian Reorganization Act, is classified generally to subchapter V
    (Sec. 461 et seq.) of this chapter. For complete classification of
    this Act to the Code, see Short Title note set out under section
    461 of this title and Tables.

-End-



-CITE-
    25 USC Sec. 566c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIV-A - KLAMATH TRIBE: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 566c. Hunting, fishing, trapping, and water rights

-STATUTE-
      Nothing in this subchapter shall affect in any manner any
    hunting, fishing, trapping, gathering, or water right of the tribe
    and its members.

-SOURCE-
    (Pub. L. 99-398, Sec. 5, Aug. 27, 1986, 100 Stat. 850.)

-End-



-CITE-
    25 USC Sec. 566d                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIV-A - KLAMATH TRIBE: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 566d. Transfer of land to be held in trust

-STATUTE-
      The Secretary shall accept real property for the benefit of the
    tribe if conveyed or otherwise transferred to the Secretary. Such
    property shall be subject to all valid existing rights including
    liens, outstanding taxes (local and State), and mortgages. Subject
    to the conditions imposed by this section, the land transferred
    shall be taken in the name of the United States in trust for the
    tribe and shall be part of their reservation. The transfer of real
    property authorized by this section shall be exempt from all local,
    State, and Federal taxation as of the date of transfer.

-SOURCE-
    (Pub. L. 99-398, Sec. 6, Aug. 27, 1986, 100 Stat. 850.)

-End-



-CITE-
    25 USC Sec. 566e                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIV-A - KLAMATH TRIBE: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 566e. Criminal and civil jurisdiction

-STATUTE-
      The State shall exercise criminal and civil jurisdiction within
    the boundaries of the reservation, in accordance with section 1162
    of title 18 and section 1360 of title 28, respectively.

-SOURCE-
    (Pub. L. 99-398, Sec. 7, Aug. 27, 1986, 100 Stat. 850.)

-End-



-CITE-
    25 USC Sec. 566f                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIV-A - KLAMATH TRIBE: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 566f. Economic development

-STATUTE-
    (a) Plan for economic self-sufficiency
      The Secretary shall - 
        (1)(A) enter into negotiations with the Executive Committee of
      the General Council with respect to establishing a plan for
      economic development for the tribe; and
        (B) in accordance with this section and not later than two
      years after August 27, 1986, develop such a plan.
        (2) Upon the approval of such plan by the General Council (and
      after consultation with the State and local officials pursuant to
      subsection (b) of this section), the Secretary shall submit such
      plan to the Congress.
    (b) Consultation with State and local officials required
      To assure that legitimate State and local interests are not
    prejudiced by the proposed economic self-sufficiency plan, the
    Secretary shall notify and consult with the appropriate officials
    of the State and all appropriate local governmental officials in
    the State. The Secretary shall provide complete information on the
    proposed plan to such officials, including the restrictions on such
    proposed plan imposed by subsection (c) of this section. During any
    consultation by the Secretary under this subsection, the Secretary
    shall provide such information as the Secretary may possess, and
    shall request comments and additional information on the extent of
    any State or local service to the tribe.
    (c) Restrictions to be contained in plan
      Any plan developed by the Secretary under subsection (a) of this
    section shall provide that - 
        (1) any real property transferred by the tribe or any member to
      the Secretary shall be taken and held in the name of the United
      States for the benefit of the tribe;
        (2) any real property taken in trust by the Secretary pursuant
      to such plan shall be subject to - 
          (A) all legal rights and interests in such land existing at
        the time of the acquisition of such land by the Secretary,
        including any lien, mortgage, or previously levied and
        outstanding State or local tax; and
          (B) foreclosure or sale in accordance with the laws of the
        State pursuant to the terms of any valid obligation in
        existence at the time of the acquisition of such land by the
        Secretary; and

        (3) any real property transferred pursuant to such plan shall
      be exempt from Federal, State, and local taxation of any kind.
    (d) Appendix to plan submitted to Congress
      The Secretary shall append to the plan submitted to the Congress
    under subsection (a) of this section a detailed statement - 
        (1) naming each individual and official consulted in accordance
      with subsection (b) of this section;
        (2) summarizing the testimony received by the Secretary
      pursuant to any such consultation; and
        (3) including any written comments or reports submitted to the
      Secretary by any party named in paragraph (1).

-SOURCE-
    (Pub. L. 99-398, Sec. 8, Aug. 27, 1986, 100 Stat. 850.)

-End-



-CITE-
    25 USC Sec. 566g                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIV-A - KLAMATH TRIBE: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 566g. Definitions

-STATUTE-
      For the purposes of this subchapter the following definitions
    apply:
        (1) The term "tribe" means the Klamath Tribe consisting of the
      Klamath and Modoc Tribes of Oregon and the Yahooskin Band of
      Snake Indians.
        (2) The term "member" means those persons eligible for
      enrollment under the Constitution and Bylaws of the Klamath
      Tribe.
        (3) The term "Secretary" means the Secretary of the Interior or
      his designated representative.
        (4) The term "State" means the State of Oregon.
        (5) The term "Constitution and Bylaws" means the Constitution
      and Bylaws of the Klamath Tribe of Indians in effect on August
      27, 1986.
        (6) The term "General Council" means the governing body of the
      tribe under the Constitution and Bylaws.

-SOURCE-
    (Pub. L. 99-398, Sec. 9, Aug. 27, 1986, 100 Stat. 851.)

-End-



-CITE-
    25 USC Sec. 566h                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIV-A - KLAMATH TRIBE: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 566h. Regulations

-STATUTE-
      The Secretary may make such rules and regulations as are
    necessary to carry out the purposes of this subchapter.

-SOURCE-
    (Pub. L. 99-398, Sec. 10, Aug. 27, 1986, 100 Stat. 852.)

-End-


-CITE-
    25 USC SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF
           JUDGMENT FUND                                   01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
       SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND   

-End-



-CITE-
    25 USC Sec. 571                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 571. Membership roll; preparation

-STATUTE-
      The Secretary of the Interior is authorized and directed, with
    the advice and consent of the business council of the Shoshone
    Tribe of the Wind River Reservation in Wyoming, to prepare a roll
    showing the members of said tribe living on July 27, 1939, and such
    roll shall form the basis for the distribution of the judgment fund
    of said tribe created as the result of the passage of the Act of
    June 25, 1938 (52 Stat. 1114-1156), and accrued interest thereon.

-SOURCE-
    (July 27, 1939, ch. 387, Sec. 1, 53 Stat. 1128.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 25, 1938, referred to in text, provided for an
    appropriation for payment of judgments rendered by the court of
    claims and reported to the 75th Congress in Senate Document
    Numbered 191, and House Documents Numbered 661 and 686. House
    Document No. 661 listed a judgment in favor of the Shoshone Tribe
    of Indians of the Wind River Reservation in Wyoming, in the sum of
    $4,408,444.23, with interest on a part thereof to the date of
    payment, for the taking of land.

-End-



-CITE-
    25 USC Sec. 572                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 572. Payments to individuals; expenditure of payments

-STATUTE-
      There shall be credited on the books of the Office of Indian
    Affairs the sum of $2,450 to each member of said tribe whose name
    appears on the roll provided for in section 571 of this title, and
    out of such sum so credited the Secretary of the Interior is
    authorized to make available immediately to each individual member
    of the tribe the sum of $100; and, under such rules and regulations
    as he may prescribe, the sum of $1,350 to each adult and the sum of
    $500 to each minor for the following purposes: Purchase of land,
    improvement of lands to be acquired or already held by the Indian,
    for the erection and improvement of suitable homes, the purchase of
    building material, farming equipment, livestock, feed, food, seed,
    grain, tools, machinery, implements, household goods, bedding,
    clothing, and any other equipment or supplies necessary to enable
    the Indians to fit themselves for or to engage in farming,
    livestock, industry, or such other pursuits or vocations, including
    education, as will enable them to become self-supporting: Provided,
    however, That the funds of the aged, infirm, decrepit, and
    incapacitated members may be used for their proper maintenance and
    support in the discretion of the Secretary of the Interior. The
    remainder of the share of each adult individual Indian, including
    accrued interest, shall be made available under such rules and
    regulations as the Secretary of the Interior may prescribe, and the
    remainder of the share of each minor Indian shall, with accrued
    interest, be held intact until such Indian reaches the age of
    eighteen years, when it shall be available under the same
    conditions as herein provided for adults. As herein used the term
    "adult" shall include the members of the tribe eighteen years of
    age or over, and the term "minor" shall include all members less
    than eighteen years of age. On the death of any enrolled member,
    adult or minor, the sum on deposit to his credit shall be available
    for expenditure for the benefit of his heirs for the purposes
    herein authorized.

-SOURCE-
    (July 27, 1939, ch. 387, Sec. 2, 53 Stat. 1128.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of the Department of the Interior, with certain
    exceptions, to the Secretary of the Interior, with power to
    delegate, see Reorg. Plan No. 3 of 1950, Secs. 1, 2, eff. May 24,
    1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title
    5, Government Organization and Employees.

-End-



-CITE-
    25 USC Sec. 573                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 573. Uses of judgment fund

-STATUTE-
    (a) Purchase of lands
      Not to exceed $1,000,000 of the said judgment fund, or interest
    thereon, shall be available for expenditure upon the request of the
    tribe and with the approval of the Secretary of the Interior, for
    the purchase of lands in the manner prescribed in section 576 of
    this title.
    (b) Loan fund
      The sum of $125,000 of said judgment fund, or interest thereon,
    shall, at the request of the tribe and with the approval of the
    Secretary of the Interior, be set aside as a loan fund for making
    loans to individual members, or groups of members, of said tribe
    under such rules and regulations as may be prescribed by the
    Secretary of the Interior.
    (c) Productive enterprises
      The remainder of said judgment fund, including interest thereon,
    after making the segregation provided for in section 572 of this
    title, and after setting aside the respective amounts authorized by
    this section, shall be available for appropriation, upon the
    recommendation of the Secretary of the Interior, and with the
    consent of the tribe, for purposes of benefit to the tribe,
    including the establishment and administration of productive
    enterprises for the benefit of said tribe, and any income derived
    from such enterprises shall be credited to the Shoshone tribal
    judgment fund: Provided, That should such enterprises also benefit
    the Arapaho Tribe repayment proportionate to the benefit to the
    Arapaho Tribe shall be made into the Shoshone judgment fund by the
    Arapaho Tribe out of such tribal income as the Arapaho Tribe may
    enjoy.

-SOURCE-
    (July 27, 1939, ch. 387, Sec. 3, 53 Stat. 1129.)

-End-



-CITE-
    25 USC Sec. 574                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 574. Consolidation of lands

-STATUTE-
      The Secretary of the Interior is authorized and directed to
    establish land-use districts within the diminished and ceded
    portions of the Wind River Indian Reservation, Wyoming, and, under
    such rules and regulations as he may prescribe, to effect the
    consolidation of Indian and privately owned lands within said
    districts through exchange, relinquishment, donation, assignment,
    or purchase of lands or interests therein, including water rights
    or surface rights to lands, improvements thereon and improvements
    on undisposed-of ceded lands, to the end that the respective Indian
    and non-Indian land holdings may be consolidated for more
    beneficial use. Exchanges of lands hereunder shall be made on the
    basis of equal value, and the value of improvements on lands to be
    relinquished to the Indians or by Indians, to non-Indians shall be
    given due consideration, and allowance made therefor in the
    valuation of lieu lands. This section shall apply to tribal land,
    and trust or otherwise restricted Indian allotments, whether the
    allottees be living or deceased. In all transactions involving
    tribal Indian land, the consent of the Shoshone and Arapaho Tribes
    shall first be obtained. Title to all lands or interests therein
    acquired by the Government through exchange of tribal land shall be
    taken in the name of the United States in trust for the Shoshone
    and Arapaho Tribes of Indians of the Wind River Reservation,
    Wyoming. Title to lands exchanged for individual Indian allotments,
    or purchased for individual Indians with restricted funds shall be
    taken by the United States in trust for the individual Indian
    allottee or heir. The right herein granted individual Indians to
    acquire lands by purchase with restricted funds or by exchange
    shall not extend to lands on the ceded or opened portion of the
    reservation.

-SOURCE-
    (July 27, 1939, ch. 387, Sec. 4, 53 Stat. 1129.)

-End-



-CITE-
    25 USC Sec. 574a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 574a. Acquisition of lands on Wind River Reservation

-STATUTE-
    (a) Authority to hold lands in trust for individual tribe
      The Secretary of the Interior is hereby authorized to acquire
    individually in the name of the United States in trust for the
    benefit of the Eastern Shoshone Tribe of the Wind River Reservation
    or the Northern Arapaho Tribe of the Wind River Reservation, as
    appropriate, lands or other rights when the individual assets of
    only one of the tribes is used to acquire such lands or other
    rights.
    (b) Lands remain part of joint Reservation subject to exclusive
      tribal control
      Any lands acquired under subsection (a) of this section within
    the exterior boundaries of the Wind River Reservation shall remain
    a part of the Reservation and subject to the joint tribal laws of
    the Reservation, except that the lands so acquired shall be subject
    to the exclusive use and control of the tribe for which such lands
    were acquired.
    (c) Income
      The income from lands acquired under subsection (a) of this
    section shall be credited to the tribe for which such lands were
    acquired.
    (d) Savings provision
      Nothing in this section shall be construed to prevent the joint
    acquisition of lands for the benefit of the Eastern Shoshone Tribe
    of the Wind River Reservation and the Northern Arapaho Tribe of the
    Wind River Reservation.

-SOURCE-
    (Pub. L. 103-435, Sec. 15, Nov. 2, 1994, 108 Stat. 4573.)

-End-



-CITE-
    25 USC Sec. 575                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 575. Restoration of lands

-STATUTE-
      The Secretary of the Interior is directed to restore to tribal
    ownership all undisposed-of surplus or ceded lands within the land
    use districts which are not at present under lease or permit to non-
    Indians; and, further, to restore to tribal ownership the balance
    of said lands progressively as and when the non-Indian owned lands
    within a given land use district are acquired by the Government for
    Indian use pursuant to the provisions of sections 571 to 577 of
    this title. All such restorations shall be subject to valid
    existing rights and claims: Provided, That no restoration to tribal
    ownership shall be made of any lands within any reclamation project
    heretofore authorized within the diminished or ceded portions of
    the reservation.

-SOURCE-
    (July 27, 1939, ch. 387, Sec. 5, 53 Stat. 1129.)


-MISC1-
                     LANDS CEDED FOR RIVERTON PROJECT                 
      Act Aug. 15, 1953, ch. 509, Sec. 4, 67 Stat. 613, set out as a
    note under section 611 of this title, provided that all lands of
    the Wind River Indian Reservation ceded for the Riverton
    reclamation project in Wyoming and not used for such project were
    restored to the ownership of the Arapaho and Shoshone Tribes.

-End-



-CITE-
    25 USC Sec. 576                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 576. Purchase of lands; reimbursement of expenditures

-STATUTE-
      The sum of $1,000,000 authorized in section 573 of this title for
    use in carrying out the land purchase and consolidation program
    hereinbefore authorized shall remain available until expended and
    any amount expended shall be reimbursed with interest at 4 per
    centum per annum to the Shoshone Tribe of Indians of the Wind River
    Reservation from joint funds to the credit of the Shoshone and
    Arapaho Tribes of the Wind River Reservation or from future
    accruals to said joint fund, as and when said funds accrue. Title
    to all land purchases made hereunder shall be taken in the name of
    the United States in trust for the Shoshone and Arapaho Tribes of
    Indians of the Wind River Reservation, Wyoming. All purchases of
    lands or interests therein made pursuant to this section shall
    receive the approval of the Shoshone and Arapaho Tribal Councils or
    of the business committees thereof.

-SOURCE-
    (July 27, 1939, ch. 387, Sec. 6, 53 Stat. 1130.)

-End-



-CITE-
    25 USC Sec. 577                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 577. Liability of judgment funds for debts

-STATUTE-
      In no event shall any portion of the Shoshone judgment fund
    become liable, payable, or subject to any debt or debts contracted
    prior to July 27, 1939, by any Indian of the Shoshone Tribe except
    debts to the United States or to the tribe.

-SOURCE-
    (July 27, 1939, ch. 387, Sec. 7, 53 Stat. 1130.)

-End-



-CITE-
    25 USC Sec. 581                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 581. Disposition of funds

-STATUTE-
      The funds on deposit in the Treasury of the United States to the
    credit of the Shoshone Nation or Tribe of Indians and the Shoshone-
    Bannock Tribes that were appropriated by the Act of June 19, 1968
    (82 Stat. 239), to pay a judgment in the sum of $15,700,000 entered
    by the Indian Claims Commission in consolidated dockets numbered
    326-D, 326-E, 326-F, 326-G, 326-H, 366, and 367, and the interest
    thereon, after deducting attorneys' fees, litigation expenses, and
    other appropriation deductions, shall be apportioned by the
    Secretary of the Interior to the Shoshone Tribe of the Wind River
    Reservation, Wyoming, the Shoshone-Bannock Tribes of the Fort Hall
    Reservation, Idaho, and the Northwest Band of Shoshone Indians
    (hereinafter the "three groups"), as set forth in sections 581 to
    590 of this title.

-SOURCE-
    (Pub. L. 92-206, Sec. 1, Dec. 18, 1971, 85 Stat. 737.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 19, 1968, referred to in text, is Pub. L. 90-352,
    June 19, 1968, 82 Stat. 239, which provided for supplemental
    appropriation for fiscal year ending June 30, 1968, and was not
    classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 582                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 582. Shoshone-Bannock Tribes of the Fort Hall Reservation;
      credit of funds

-STATUTE-
      The sum of $500,000, and the interest thereon, less attorneys'
    fees and other appropriate deductions all in the proportion that
    the $500,000 bears to the $15,700,000, shall be credited to the
    Shoshone-Bannock Tribes of the Fort Hall Reservation for claims of
    the tribes enumerated in dockets numbered 326-D, 326-E, 326-F, 326-
    G, and 366.

-SOURCE-
    (Pub. L. 92-206, Sec. 2, Dec. 18, 1971, 85 Stat. 737.)

-End-



-CITE-
    25 USC Sec. 583                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 583. Northwestern Bands of Shoshone Indians; credit of funds

-STATUTE-
      The sum of $1,375,000 plus the earned interest thereon less
    $181,732 shall be credited to the Northwestern Bands of Shoshone
    Indians for claims of the bands enumerated in dockets numbered 326-
    H, and 367.

-SOURCE-
    (Pub. L. 92-206, Sec. 3, Dec. 18, 1971, 85 Stat. 737.)

-End-



-CITE-
    25 USC Sec. 584                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 584. Apportionment of remaining funds; Shoshone-Bannock Tribes
      of the Fort Hall Reservation and the Shoshone Tribe of the Wind
      River Reservation

-STATUTE-
      The remainder of the award shall be apportioned between the
    Shoshone-Bannock Tribes of the Fort Hall Reservation and the
    Shoshone Tribe of the Wind River Reservation in accordance with an
    agreement entered into between the Shoshone-Bannock Tribes and the
    Shoshone Tribe of the Wind River Reservation in May 1965, approved
    by the Associate Commissioner of Indian Affairs in December 1965.

-SOURCE-
    (Pub. L. 92-206, Sec. 4, Dec. 18, 1971, 85 Stat. 737.)

-End-



-CITE-
    25 USC Sec. 585                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 585. Membership rolls; preparation; eligibility for
      enrollment; application; finality of determination

-STATUTE-
      For the purpose of apportioning the award in accordance with
    sections 581 to 590 of this title, membership rolls, duly approved
    by the Secretary of the Interior, shall be prepared for each of the
    three groups, as follows:
      (a) The governing body of the Shoshone Tribe of the Wind River
    Reservation and the governing body of the Shoshone-Bannock Tribes,
    each shall, with the assistance of the Secretary, bring current the
    membership rolls of their respective tribes, to include all persons
    born prior to and alive on December 18, 1971, who are enrolled or
    eligible to be enrolled in accordance with the membership
    requirements of their respective tribes.
      (b) The proposed roll of the Northwestern Bands of Shoshone
    Indians entitled to participate in the distribution of the judgment
    funds shall be prepared by the governing officers of said
    Northwestern Bands, with the assistance of the Secretary of the
    Interior, within six months after December 18, 1971, authorizing
    distribution of said funds. The roll shall include all persons who
    meet all of the following requirements of eligibility:
        (1) They were born prior to and alive on December 18, 1971;
        (2) Either their names appear on one of the following Indian
      census rolls of the Washakie Sub-Agency of the Fort Hall
      jurisdiction:
          (a) Roll dated January 1, 1937, by F. A. Gross,
        Superintendent of the Fort Hall Reservation.
          (b) Roll dated January 1, 1940, by F. A. Gross,
        Superintendent of the Fort Hall Reservation.
          (c) Roll dated March 10, 1954.
          (d) Roll dated April 21, 1964.

      or they possess one-quarter Shoshone Indian blood and they are
      descendants of those appearing on at least one of said rolls;
        (3) They are not recognized as members of the Shoshone-Bannock
      Tribes of the Fort Hall Reservation, the Shoshone Tribe of the
      Wind River Reservation, or any other Indian Tribe; and
        (4) They shall elect not to participate in any settlement of
      claims pending before the Indian Claims Commission in docket 326-
      J, Shoshone-Goshute, and docket 326-K, Western Shoshone.

    The proposed roll shall be published in the Federal Register, and
    in a newspaper of general circulation in the State of Utah. Any
    person claiming membership rights in the Northwestern Bands of
    Shoshone Indians, or any interest in said judgment funds, or a
    representative of the Secretary on behalf of any such person,
    within sixty days from the date of publication in the Federal
    Register, or in the newspaper of general circulation, as
    hereinbefore provided, whichever publication date is last, may file
    an appeal with the Secretary contesting the inclusion or omission
    of the name of any person on or from such proposed roll. The
    Secretary shall review such appeals, and his decision thereon shall
    be final and conclusive. After disposition of all such appeals to
    the Secretary, the roll of the Northwestern Bands of Shoshone
    Indians shall be published in the Federal Register and such roll
    shall be final.

-SOURCE-
    (Pub. L. 92-206, Sec. 5, Dec. 18, 1971, 85 Stat. 737.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Claims Commission, referred to in par. (4), terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 586                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 586. Northwestern Band of Shoshone Indians; payment to
      enrollees; heirs or legatees; trust for minors and persons under
      legal disability

-STATUTE-
      The funds apportioned to the Northwestern Band of Shoshone
    Indians, less attorney's fees, and expenses due the attorneys
    representing the Northwestern Band under an approved contract,
    effective March 1, 1968, shall be placed to its credit in the
    United States Treasury and shall be distributed equally to the
    members whose names appear on the final roll and in accordance with
    the provisions of sections 581 to 590 of this title.
      (a) The per capita shares shall be determined on the basis of the
    number of persons listed on the proposed roll published as
    hereinbefore provided and the number of persons on whose behalf an
    appeal has been taken to the Secretary contesting omission from
    such proposed roll. The share of those persons excluded from the
    final roll by reason of the decision of the Secretary on appeal
    shall be distributed equally to the persons included on the final
    roll.
      (b) The Secretary shall distribute a share payable to a living
    enrollee directly to such enrollee. The per capita share of a
    deceased enrollee shall be paid to his heirs or legatees upon proof
    of death and inheritance satisfactory to the Secretary, whose
    findings upon such proof shall be final and conclusive. A share or
    interest therein payable to enrollees or their heirs or legatees
    who are less than twenty-one years of age or who are under legal
    disability shall be paid in accordance with such procedures,
    including the establishment of trusts, as the Secretary determines
    appropriate to protect the best interest of such persons.

-SOURCE-
    (Pub. L. 92-206, Sec. 6, Dec. 18, 1971, 85 Stat. 738.)

-End-



-CITE-
    25 USC Sec. 587                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 587. Funds apportioned to Shoshone-Bannock Tribes of the Fort
      Hall Reservation

-STATUTE-
    (a) Distribution to enrollees
      The funds apportioned to the Shoshone-Bannock Tribes of the Fort
    Hall Reservation shall be placed to their credit in the United
    States Treasury. Seventy-five percent of such funds shall be
    distributed per capita to all persons born on or before and living
    on December 18, 1971, who are duly enrolled on the roll prepared in
    accordance with section 585(a) of this title.
    (b) Determination of per capita share
      The per capita shares shall be determined on the basis of the
    number of persons eligible for per capitas and the number of
    persons rejected for per capitas who have taken a timely appeal.
    The shares of those persons whose appeals are denied shall revert
    to the Shoshone-Bannock Tribes to be expended for any purpose
    designated by the tribal governing body and approved by the
    Secretary.
    (c) Trust for minors and persons under legal disability
      Sums payable to enrollees or their heirs or legatees who are less
    than twenty-one years of age or who are under a legal disability
    shall be paid in accordance with such procedures, including the
    establishment of trusts, as the Secretary of the Interior
    determines appropriate to protect the best interests of such
    persons.
    (d) Remaining funds
      The funds remaining after provision is made for the per capita
    distribution may be used, advanced, expended, invested, or
    reinvested for any purpose authorized by the tribal governing body
    and approved by the Secretary of the Interior.

-SOURCE-
    (Pub. L. 92-206, Sec. 7, Dec. 18, 1971, 85 Stat. 738.)

-End-



-CITE-
    25 USC Sec. 588                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 588. Shoshone Tribe of the Wind River Reservation;
      distribution of funds

-STATUTE-
      The funds apportioned to the Shoshone Tribe of the Wind River
    Reservation shall be placed to its credit in the United States
    Treasury and shall be distributed in accordance with the provisions
    of the Act of May 19, 1947, as amended (61 Stat. 102; 25 U.S.C. 611-
    613).

-SOURCE-
    (Pub. L. 92-206, Sec. 8, Dec. 18, 1971, 85 Stat. 739.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of May 19, 1947, referred to in text, is act May 19, 1947,
    ch. 80, 61 Stat. 102, as amended, which is classified generally to
    subchapter XIX (Sec. 611 et seq.) of this chapter. For complete
    classification of this Act to the Code, see Tables.

-End-



-CITE-
    25 USC Sec. 589                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 589. Tax exemption

-STATUTE-
      Any funds distributed per capita under provisions of sections 581
    to 590 of this title shall not be subject to Federal or State
    income tax.

-SOURCE-
    (Pub. L. 92-206, Sec. 9, Dec. 18, 1971, 85 Stat. 739.)

-End-



-CITE-
    25 USC Sec. 590                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 590. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to prescribe rules
    and regulations to carry out the provisions of sections 581 to 590
    of this title.

-SOURCE-
    (Pub. L. 92-206, Sec. 10, Dec. 18, 1971, 85 Stat. 739.)

-End-



-CITE-
    25 USC Sec. 590a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 590a. Shoshone-Bannock Tribes of the Fort Hall Reservation;
      credit of funds

-STATUTE-
      The funds on deposit in the United States Treasury to the credit
    of the Lemhi Tribe, represented by the Shoshone-Bannock Tribes of
    Indians of the Fort Hall Reservation, Idaho, appropriated by the
    Act of May 25, 1971 (Public Law 92-18), to pay a judgment of
    $4,500,000 entered by the Indian Claims Commission in docket
    numbered 326-I, and interest thereon less attorneys' fees and
    expenses shall be credited to the Shoshone-Bannock Tribes of the
    Fort Hall Reservation for the claims of said tribes enumerated in
    docket numbered 326-I.

-SOURCE-
    (Pub. L. 92-442, Sec. 1, Sept. 29, 1972, 86 Stat. 743.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of May 25, 1971, referred to in text, is Pub. L. 92-18, May
    25, 1971, 85 Stat. 40, known as the Second Supplemental
    Appropriation Act, 1971, which was not classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 590b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 590b. Disposition of funds

-STATUTE-
      The funds credited to the Shoshone-Bannock Tribes of the Fort
    Hall Reservation pursuant to section 590a of this title, may be
    advanced, deposited, expended, invested, or reinvested for any
    purposes that are authorized by the tribal governing body and
    approved by the Secretary of the Interior.

-SOURCE-
    (Pub. L. 92-442, Sec. 2, Sept. 29, 1972, 86 Stat. 744.)

-End-



-CITE-
    25 USC Sec. 590c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 590c. Tax exemption; trusts for minors and persons under legal
      disability

-STATUTE-
      None of the funds distributed per capita to members of the tribes
    under the provisions of sections 590a to 590c of this title shall
    be subject to Federal or State income taxes. A share or interest
    payable to enrollees less than eighteen years of age or under legal
    disability shall be paid in accordance with such procedures,
    including the establishment of trusts, as the Secretary determines
    appropriate to protect the best interest of such persons.

-SOURCE-
    (Pub. L. 92-442, Sec. 3, Sept. 29, 1972, 86 Stat. 744.)

-End-


-CITE-
    25 USC SUBCHAPTER XVI - CHIPPEWA TRIBE OF MINNESOTA         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XVI - CHIPPEWA TRIBE OF MINNESOTA

-HEAD-
               SUBCHAPTER XVI - CHIPPEWA TRIBE OF MINNESOTA           

-End-



-CITE-
    25 USC Sec. 591                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XVI - CHIPPEWA TRIBE OF MINNESOTA

-HEAD-
    Sec. 591. Reservation of Chippewa National Forest lands for
      Minnesota Chippewa Tribe

-STATUTE-
      Subject to the payments prescribed by section 592 of this title
    the following-described lands are hereby eliminated from the
    Chippewa National Forest and permanently reserved for the use of
    the Minnesota Chippewa Tribe without in any manner affecting
    existing reserves for church, cemetery, and other purposes, or
    individual rights or interest in said lands: South half northwest
    quarter southwest quarter, southeast quarter southwest quarter,
    section 12; northwest quarter northwest quarter, west half
    northeast quarter northwest quarter, south half northwest quarter,
    west half southwest quarter, lots 2, 4, 5, and 6, section 13;
    northeast quarter southeast quarter, section 14; lots 11, 12, 13,
    3, 4, 6, 7, 8, and 9, section 24, township 142 north, range 31
    west, fifth principal meridian, Minnesota, excepting a tract
    containing approximately one and ninety one-hundredths acres, being
    that portion of lot 4, section 13, township 142 north, range 31
    west, beginning at angle point 1, lot 5, section 13, township 142
    north, range 31 west; thence north thirty-three degrees forty-two
    minutes east one hundred and twenty-nine and five-tenths feet;
    thence south eighty-nine degrees forty-eight minutes east two
    hundred and thirty-one and four-tenths feet; thence south one
    degree fifty-four minutes west eighty-five and two-tenths feet;
    thence south nine degrees thirty-one minutes east two hundred and
    five and two-tenths feet; thence south nine degrees no minutes west
    eighty and four-tenths feet; thence south forty-one degrees
    nineteen minutes west one hundred and nineteen and four-tenths feet
    to angle point 4, lot 5; thence along the boundary of lot 5, north
    fifty-one degrees no minutes west one hundred and twenty and one-
    tenth feet to angle point 5, lot 5, north thirty-seven degrees
    forty-five minutes east one hundred and twenty and one-tenth feet
    to angle point 6, lot 5, north fifty-one degrees no minutes west
    two hundred and eighty-seven and one-tenth feet to angle point 1,
    lot 5, and point of beginning.

-SOURCE-
    (June 8, 1940, ch. 285, Sec. 1, 54 Stat. 254.)

-End-



-CITE-
    25 USC Sec. 592                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XVI - CHIPPEWA TRIBE OF MINNESOTA

-HEAD-
    Sec. 592. Withdrawal of tribal funds to reimburse United States;
      consent of Minnesota Chippewa Tribe; disposition of receipts

-STATUTE-
      The Secretary of the Interior is hereby authorized to withdraw
    from the Minnesota Chippewa tribal fund now held in trust in the
    Treasury of the United States a sufficient sum to reimburse the
    United States for the land and timber thereon, the value of the
    land to be calculated at $1.25 per acre, and the value of the
    timber to be ascertained by the Secretary of Agriculture after the
    same has been examined and appraised under his supervision:
    Provided, however, That the transaction contemplated in this
    section and section 591 of this title shall be effected only with
    the consent of the Minnesota Chippewa Tribe expressed through the
    body authorized to represent it: And provided further, That all
    money received by the United States under the authority of this
    subchapter shall be deposited in the Treasury of the United States,
    and the same is hereby appropriated for the acquisition of forest
    land within the Chippewa National Forest under the provisions of
    the Act approved March 1, 1911, as amended (U.S.C., title 16 secs.
    513, 519, 521).

-SOURCE-
    (June 8, 1940, ch. 285, Sec. 2, 54 Stat. 254.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act approved March 1, 1911, referred to in text, is act Mar. 1,
    1911, ch. 186, 36 Stat. 961, as amended, popularly known as the
    Weeks Law, which is classified to sections 480, 500, 513 to 519,
    521, 552, and 563 of Title 16, Conservation. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 552 of Title 16 and Tables.

-End-



-CITE-
    25 USC Sec. 593                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XVI - CHIPPEWA TRIBE OF MINNESOTA

-HEAD-
    Sec. 593. Exchanges of allotted, restricted, and tribal lands for
      Chippewa National Forest lands

-STATUTE-
      Exchanges of Indian allotted, restricted, and tribal lands for
    lands in the Chippewa National Forest are hereby authorized. In
    order to consummate exchanges involving allotted and restricted
    Indian lands, the Secretary of the Interior is hereby authorized to
    accept relinquishments or conveyances of Indian lands, which lands
    shall thereupon become a part of the Chippewa National Forest, and
    to issue trust patents to the Indians for the lands received by
    them in exchange: Provided, That with the consent of the Indians
    involved title to the lands received in any such exchange may be
    taken in the name of the tribe, in which case the transfer of title
    shall be evidenced by an order of the Secretary of Agriculture
    transferring the lands to the Secretary of the Interior in trust
    for the Minnesota Chippewa Tribe: Provided further, That exchanges
    involving tribal lands shall be made only with the consent of the
    Indians and shall be evidenced by appropriate orders of transfer
    executed by the Secretary of Agriculture and the Secretary of the
    Interior: And provided further, That the land exchanges authorized
    herein shall be made on the basis of lands of equal value, and no
    exchange shall be made unless it is first approved by the Secretary
    of Agriculture.

-SOURCE-
    (June 8, 1940, ch. 285, Sec. 3, 54 Stat. 255.)

-End-



-CITE-
    25 USC Sec. 594                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XVI - CHIPPEWA TRIBE OF MINNESOTA

-HEAD-
    Sec. 594. Distribution of judgment funds; Mississippi Bands;
      Pillager and Lake Winnibigoshish Bands

-STATUTE-
      The funds on deposit in the Treasury of the United States to the
    credit of the Minnesota Chippewa Tribe of Indians on behalf of the
    Mississippi Bands and the Pillager and Lake Winnibigoshish Bands of
    Chippewa Indians that were appropriated by the Act of October 31,
    1965, to pay a judgment by the Indian Claims Commission in docket
    18-B, and the interest thereon, after payment of attorney fees and
    expenses, may be advanced or expended for any purpose that is
    authorized by the tribal governing bodies of the Minnesota Chippewa
    Tribe and the White Earth, Leech Lake, and Mille Lacs Reservations
    with whom the members of the Mississippi Bands and Pillager and
    Lake Winnibigoshish Bands of Chippewa Indians are affiliated, and
    approved by the Secretary of the Interior. Only those persons who
    are descendants of the Mississippi Bands and the Pillager and Lake
    Winnibigoshish Bands of Chippewa Indians who were born on or prior
    to and living on September 27, 1967 and who meet the requirements
    for membership in the Minnesota Chippewa Tribe shall be entitled to
    share in the use or distribution of the funds. Any part of such
    funds that may be distributed per capita to the members of the
    tribe shall not be subject to the Federal or State income tax.

-SOURCE-
    (Pub. L. 90-94, Sec. 1, Sept. 27, 1967, 81 Stat. 230.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of October 31, 1965, referred to in text, is Pub. L. 89-309,
    Oct. 31, 1965, 79 Stat. 1133. That portion of the act which
    appropriated the funds referred to was not classified to the Code.
      The Indian Claims Commission, referred to in text, was terminated
    on Sept. 30, 1978. See Codification note set out under former
    section 70 et seq. of this title.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act June 8, 1940, ch. 285, 54
    Stat. 254, which comprises this subchapter.

-End-



-CITE-
    25 USC Sec. 594a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XVI - CHIPPEWA TRIBE OF MINNESOTA

-HEAD-
    Sec. 594a. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to prescribe rules
    and regulations to carry out the provisions of this section and
    section 594 of this title.

-SOURCE-
    (Pub. L. 90-94, Sec. 2, Sept. 27, 1967, 81 Stat. 230.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act June 8, 1940, ch. 285, 54
    Stat. 254, which comprises this subchapter.

-End-


-CITE-
    25 USC SUBCHAPTER XVII - YAKIMA TRIBES                      01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XVII - YAKIMA TRIBES

-HEAD-
                      SUBCHAPTER XVII - YAKIMA TRIBES                  

-End-



-CITE-
    25 USC Sec. 601                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XVII - YAKIMA TRIBES

-HEAD-
    Sec. 601. Membership roll; preparation; persons entitled to
      enrollment

-STATUTE-
      The Secretary of the Interior is authorized and directed, with
    the advice and consent of the Yakima Tribal Council, to prepare a
    roll showing the members of the Yakima Tribes living on August 9,
    1946, which roll shall be kept current and shall constitute the
    official membership roll of the Yakima Tribes for all purposes. No
    person who is enrolled with any other tribe of Indians or who has
    received an allotment of land on any other reservation shall be
    enrolled under the provisions of this subchapter. The following
    shall be placed on the roll:
      (a) All living persons who received allotments on the Yakima
    Reservation, except by fraud.
      (b) All living persons who are of the blood of the fourteen
    original Yakima Tribes, parties to the treaty of June 9, 1855 (12
    Stat. 951), and who have received allotments on the public domain
    within the area ceded to the United States by the Yakima Tribes by
    the treaty of 1855.
      (c) All living persons who have maintained a domicile
    continuously from January 1, 1941, until August 9, 1946, on the
    Yakima Reservation or within the area ceded by the treaty of June
    9, 1855, (12 Stat. 951), and who are (1) descendants of persons who
    received allotments on the Yakima Reservation, except by fraud, or
    (2) descendants of persons of the blood of the fourteen original
    Yakima Tribes who received allotments on the public domain within
    the area ceded by the said treaty of 1855. All living children born
    after January 1, 1941, but prior to August 9, 1946, to a person
    entitled to enrollment under this subsection shall likewise be
    entitled to enrollment under this subsection.
      (d) All children of one-fourth or more blood of the Yakima Tribes
    born after August 9, 1946, to a parent who is an enrolled member
    and maintains a domicile on the Yakima Reservation or within the
    area ceded by the treaty of June 9, 1855, at the time of the birth
    of the child.

-SOURCE-
    (Aug. 9, 1946, ch. 933, Sec. 1, 60 Stat. 968.)


-MISC1-
       REDESIGNATION OF YAKIMA INDIAN NATION TO YAKAMA INDIAN NATION   
      Pub. L. 103-435, Sec. 17, Nov. 2, 1994, 108 Stat. 4573, provided
    that:
      "(a) Redesignation. - The Confederated Tribes and Bands of the
    Yakima Indian Nation shall be known and designated as the
    'Confederated Tribes and Bands of the Yakama Indian Nation'.
      "(b) References. - Any reference in a law (including any
    regulation), map, document, paper, or other record of the United
    States to Confederated Tribes and Bands of the Yakima Indian Nation
    referred to in subsection (a) shall be deemed to be a reference to
    the 'Confederated Tribes and Bands of the Yakama Indian Nation'."

-End-



-CITE-
    25 USC Sec. 602                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XVII - YAKIMA TRIBES

-HEAD-
    Sec. 602. Application to Tribal Council on exclusion from roll;
      minors and incompetent persons

-STATUTE-
      Any person of one-fourth or more of the blood of the Yakima
    Tribes who may be excluded from enrollment under the provisions of
    section 601 of this title may apply for membership at any time and
    be enrolled upon the approval of the application by a two-thirds
    vote of the Yakima Tribal Council. Applications for enrollment
    under this section on behalf of minors and persons mentally
    incompetent may be filed by any enrolled member of the Yakima
    Tribes.

-SOURCE-
    (Aug. 9, 1946, ch. 933, Sec. 2, 60 Stat. 969.)

-End-



-CITE-
    25 USC Sec. 603                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XVII - YAKIMA TRIBES

-HEAD-
    Sec. 603. Correction of membership roll

-STATUTE-
      Corrections in the roll prepared hereunder, by striking therefrom
    the name of any person erroneously placed on the roll or by adding
    to the roll the name of any person erroneously omitted therefrom,
    may be made at any time by the Yakima Tribal Council.

-SOURCE-
    (Aug. 9, 1946, ch. 933, Sec. 3, 60 Stat. 969.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Hereunder, referred to in text, means act Aug. 9, 1946, ch. 933,
    60 Stat. 968, which comprises this subchapter. For complete
    classification of this Act to the Code, see Tables.

-End-



-CITE-
    25 USC Sec. 604                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XVII - YAKIMA TRIBES

-HEAD-
    Sec. 604. Loss of membership and removal from roll

-STATUTE-
      Every person whose name appears on the roll prepared hereunder
    who holds no vested right, title, or interest in or to any
    restricted or trust land on the Yakima Reservation or within the
    area ceded by the treaty of June 9, 1855, and who has failed to
    maintain any tribal affiliations or a residence on the reservation
    or within the ceded area for a period of five consecutive years,
    shall no longer be considered a member of the Yakima Tribes, and
    his name shall be removed from the rolls. It shall be the duty of
    the Yakima Tribal Council to determine, subject to review by the
    Secretary of the Interior, loss of membership in each case.

-SOURCE-
    (Aug. 9, 1946, ch. 933, Sec. 4, 60 Stat. 969.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Hereunder, referred to in text, means act Aug. 9, 1946, ch. 933,
    60 Stat. 968, which comprises this subchapter. For complete
    classification of this Act to the Code, see Tables.

-End-



-CITE-
    25 USC Sec. 605                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XVII - YAKIMA TRIBES

-HEAD-
    Sec. 605. Expulsion of members; review by Secretary

-STATUTE-
      The Yakima Tribal Council may adopt and enforce ordinances,
    subject to review by the Secretary of the Interior, governing the
    expulsion of members for any cause deemed by the council to be
    sufficient.

-SOURCE-
    (Aug. 9, 1946, ch. 933, Sec. 5, 60 Stat. 969.)

-End-



-CITE-
    25 USC Sec. 606                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XVII - YAKIMA TRIBES

-HEAD-
    Sec. 606. Back pay and annuities on enrollment of new members

-STATUTE-
      No person whose name shall after August 9, 1946, be placed on the
    roll of the Yakima Tribes shall be entitled to any back annuities
    or per capita payments made to the members of the tribes out of
    tribal funds which were authorized to be paid to the members of the
    tribes before such person's name shall have been placed upon such
    roll.

-SOURCE-
    (Aug. 9, 1946, ch. 933, Sec. 6, 60 Stat. 969.)

-End-



-CITE-
    25 USC Sec. 607                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XVII - YAKIMA TRIBES

-HEAD-
    Sec. 607. Divestment of inheritance of non-members

-STATUTE-
    (a) Procedure
      A person who is not an enrolled member of the Yakima Tribes with
    one-fourth degree or more blood of such tribes shall not be
    entitled to receive by devise or inheritance any interest in trust
    or restricted land within the Yakima Reservation or within the area
    ceded by the Treaty of June 9, 1855 (12 Stat. 1951), if, while the
    decedent's estate is pending before the Examiner of Inheritance,
    the Yakima Tribes pay to the Secretary of the Interior, on behalf
    of such person, the fair market value of such interest as
    determined by the Secretary of the Interior after appraisal. The
    interest for which payment is made shall be held by the Secretary
    in Trust for the Yakima Tribes.
    (b) Time of election
      On request of the Yakima Tribes the Examiner of Inheritance shall
    keep an estate pending for not less than two years from the date of
    decedent's death.
    (c) Interest of surviving spouse
      When a person who is prohibited by subsection (a) of this section
    from acquiring any interest by devise or inheritance is a surviving
    spouse of the decedent, a life estate in one-half of the interest
    acquired by the Yakima Tribes shall, on the request of such spouse,
    be reserved for that spouse and the value of such life estate so
    reserved shall be reflected in the Secretary's appraisal under
    subsection (a) of this section.

-SOURCE-
    (Aug. 9, 1946, ch. 933, Sec. 7, 60 Stat. 969; Pub. L. 91-627, Sec.
    1, Dec. 31, 1970, 84 Stat. 1874.)


-MISC1-
                                AMENDMENTS                            
      1970 - Pub. L. 91-627 designated existing provisions as subsec.
    (a), substituted provisions authorizing the Yakima Tribes to pay to
    Secretary of the Interior the fair market value, as determined by
    the Secretary after appraisal, of any interest in trust or
    restricted land within the specified areas which a person not an
    enrolled member of the Yakima Tribes with one-fourth degree or more
    blood of such tribes was to receive by devise or inheritance, for
    provisions limiting the inheritance of trust land on the Yakima
    Reservation to enrolled members of the Yakima Tribes of one-fourth
    or more blood of such tribes and to surviving spouses who are
    enrolled members but possess less than one-fourth degree of Yakima
    blood, with such surviving spouses authorized to inherit a life
    estate in not more than one-half the property, and added subsecs.
    (b) and (c).

                     EFFECTIVE DATE OF 1970 AMENDMENT                 
      Section 2 of Pub. L. 91-627 provided that: "The provisions of
    section 7 of the Act of August 9, 1946, as amended by this Act
    [this section], shall apply to all estates pending before the
    Examiner of Inheritance on the date of this Act [Dec. 31, 1970],
    and to all future estates, but shall not apply to any estate
    heretofore closed."

-End-



-CITE-
    25 USC Sec. 608                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XVII - YAKIMA TRIBES

-HEAD-
    Sec. 608. Purchase, sale, and exchange of land

-STATUTE-
    (a) Authority of Secretary; manner and place
      The Secretary of the Interior is authorized in his discretion, to
    - 
        (1) purchase for the Yakima Tribes, with any funds of such
      tribes, and to otherwise acquire by gift, exchange, or
      relinquishment, any lands or interest in lands or improvements
      thereon within the Yakima Indian Reservation or within the area
      ceded to the United States by the Treaty of June 9, 1855;
        (2) sell or approve sales of any tribal trust lands, any
      interest therein or improvements thereon, such sales being
      limited to agencies of the Federal, State, or local governments
      for recreational, educational, civic, or other public purposes,
      and to individual members of the tribes;
        (3) exchange any tribal trust lands, including interests
      therein or improvements thereon, for any lands situated within
      such reservation or the area ceded to the United States by the
      treaty of June 9, 1855; and
    (b) Multiple ownership of land
      Where lands are held in multiple ownership, the Secretary is
    authorized to sell and exchange such lands to other Indians or the
    Yakima Tribes only if the sale or exchange is authorized in writing
    by the owners of at least a majority interest in such lands; except
    that no greater percentage of approval of individual Indians shall
    be required under sections 608 to 608c of this title than in any
    other statute of general application approved by Congress.
    (c) Acquisitions to be held in trust
      Lands and interests in lands acquired by the Secretary pursuant
    to subsection (a)(1) of this section and for the benefit of the
    Yakima Indian Nation pursuant to section 465 of this title shall be
    held in trust by the United States for the benefit of the Yakima
    Indian Nation.
    (d) Terms and conditions
      The Secretary shall obtain the advice and consent of the Yakima
    tribal council before entering into any of the above transactions
    involving the acquisition or disposition of tribal land. The terms
    and conditions of any such transaction, including the price at
    which any land is so purchased or sold and the valuation of any
    lands so exchanged, shall be mutually agreed upon by the Secretary,
    the Yakima tribal council, and the individual Indian or Indians
    concerned. Any such exchange of lands shall be effected on the
    basis of approximately equal consideration with due allowance for
    the value of improvements in determining the value of such lands.

-SOURCE-
    (July 28, 1955, ch. 423, Sec. 1, 69 Stat. 392; Pub. L. 88-540, Sec.
    1, Aug. 31, 1964, 78 Stat. 747; Pub. L. 100-581, title II, Sec.
    213, Nov. 1, 1988, 102 Stat. 2941; Pub. L. 101-301, Sec. 1(a)(3),
    (b), May 24, 1990, 104 Stat. 206.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Aug. 9, 1946, ch. 933, 60
    Stat. 968, which comprises this subchapter.


-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (c). Pub. L. 101-301, Sec. 1(b), amended subsec.
    (c) generally. Prior to amendment, subsec. (c) read as follows: "In
    all cases in which the Secretary is acquiring for the Yakima Tribes
    lands or interests in lands presently held in trust or under
    restrictions for the benefit of an individual Indian, title shall
    be taken in the name of the United States in trust for the Yakima
    Tribes. In all cases in which land being purchased is presently
    held by the grantor in fee simple, title shall be taken for and
    held by the Yakima Tribes in fee and such land shall not, by reason
    of its being owned by the tribes, be exempt from taxation in
    accordance with the laws of the State of Washington."
      Pub. L. 101-301, Sec. 1(a)(3), repealed Pub. L. 100-581, Sec.
    213. See 1988 Amendment note below.
      1988 - Subsec. (c). Pub. L. 100-581, Sec. 213, which directed the
    general amendment of subsec. (c) of Pub. L. 88-540, cited as a
    credit to this section, was repealed by Pub. L. 101-301, Sec.
    1(a)(3).
      1964 - Pub. L. 88-540 amended section generally, and among other
    changes, permits acquisitions by gift or relinquishment,
    acquisition of any land within the reservation or area ceded to the
    United States by the treaty of June 9, 1855, sale of tribal land
    not only to tribe members, but also to Federal, State, or local
    government for recreational, educational, civic, or other public
    purposes, exchange of tribal land for any land within the
    reservation or the ceded area, lands held in multiple ownership to
    be sold or exchanged upon the written authorization of owners of at
    least a majority interest in the lands or any lesser percentage
    that may be provided in a statute of general application, and title
    to land in fee status acquired by the tribes to be taken in fee
    status.

-End-



-CITE-
    25 USC Sec. 608a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XVII - YAKIMA TRIBES

-HEAD-
    Sec. 608a. Sale of tribal trust lands, etc.

-STATUTE-
    (a) Title subsequent to sale
      Title to tribal trust lands, interests, improvements, or rights
    sold by the Secretary to individual members of the Yakima Tribes or
    exchanged by the Secretary for lands held under trust patent or
    other restrictions against alienation by individual members of the
    tribes and other Indians or for lands in heirship status shall be
    held by the United States in trust for the individual Indian or
    Indians concerned.
    (b) Credit of proceeds to tribal funds
      Sums derived from the sale of tribal trust lands interests,
    improvements, and rights shall be credited to the tribal funds of
    the Yakima Tribes.

-SOURCE-
    (July 28, 1955, ch. 423, Sec. 2, 69 Stat. 393; Pub. L. 88-540, Sec.
    2, Aug. 31, 1964, 78 Stat. 748.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Aug. 9, 1946, ch. 933, 60
    Stat. 968, which comprises this subchapter.


-MISC1-
                                AMENDMENTS                            
      1964 - Subsec. (a). Pub. L. 88-540 struck out provisions that
    title to lands, interests, improvements, or rights acquired under
    section 608 of this title by the Secretary for the Yakima Tribes
    through purchase or exchange shall be held by the United States in
    trust for the Yakima Tribes.

-End-



-CITE-
    25 USC Sec. 608b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XVII - YAKIMA TRIBES

-HEAD-
    Sec. 608b. Rights of lessee

-STATUTE-
      (a) No transaction entered into under sections 608 to 608c of
    this title shall affect, without the consent of the lessee, any
    lease of lands, interests, improvements, or rights involved in such
    transaction, or any right of the lessee with respect to extension
    or renewal of such lease, which is in existence at the time such
    transaction is entered into.
      (b) Repealed, Pub. L. 88-540, Sec. 3, Aug. 31, 1964, 78 Stat.
    748.

-SOURCE-
    (July 28, 1955, ch. 423, Sec. 3, 69 Stat. 393; Pub. L. 88-540, Sec.
    3, Aug. 31, 1964, 78 Stat. 748.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Aug. 9, 1946, ch. 933, 60
    Stat. 968, which comprises this subchapter.


-MISC1-
                                AMENDMENTS                            
      1964 - Subsec. (b). Pub. L. 88-540 repealed subsec. (b) which
    provided: "Nothing in sections 608-608c of this title shall affect
    the existing status of any lands, interests, improvements, or
    rights with respect to taxation."

-End-



-CITE-
    25 USC Sec. 608c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XVII - YAKIMA TRIBES

-HEAD-
    Sec. 608c. Regulations

-STATUTE-
      The Secretary is authorized to prescribe such regulations as may
    be necessary to carry out the purposes of sections 608 to 608c of
    this title.

-SOURCE-
    (July 28, 1955, ch. 423, Sec. 4, 69 Stat. 393.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Aug. 9, 1946, ch. 933, 60
    Stat. 968, which comprises this subchapter.

-End-



-CITE-
    25 USC Sec. 609                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XVII - YAKIMA TRIBES

-HEAD-
    Sec. 609. Action to determine title to judgment fund; claim of
      Confederated Tribes of the Colville Reservation; jurisdiction of
      Court of Claims

-STATUTE-
      The Confederated Tribes of the Colville Reservation, acting
    through the chairman of its business council, and the Yakima Tribes
    of Indians of the Yakima Reservation, acting through the chairman
    of its tribal council, for and on behalf of said tribes and each
    and all their constituent tribal groups, are each hereby authorized
    to commence or defend in the United States Court of Claims an
    action against each other making claims to a share in the funds
    that are on deposit in the Treasury of the United States to pay a
    judgment of the Indian Claims Commission dated April 5, 1965, in
    dockets numbered 161, 222, and 224, and the interest on said funds;
    and jurisdiction is hereby conferred upon said court to hear such
    claims and to render judgment and decree thereon making such
    division of such funds and the interest on such funds, as may be
    just and fair in law and equity, between the Confederated Tribes of
    the Colville Reservation and its constituent tribal groups on the
    one hand, and the Yakima Tribes of Indians of the Yakima
    Reservation and its constituent tribal groups on the other hand.

-SOURCE-
    (Pub. L. 90-278, Sec. 1, Mar. 30, 1968, 82 Stat. 69.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The United States Court of Claims, referred to in text, and the
    United States Court of Customs and Patent Appeals were merged
    effective Oct. 1, 1982, into a new United States Court of Appeals
    for the Federal Circuit by Pub. L. 97-164, Apr. 2, 1982, 96 Stat.
    25, which also created a United States Claims Court [now United
    States Court of Federal Claims] that inherited the trial
    jurisdiction of the Court of Claims. See sections 48, 171 et seq.,
    791 et seq., and 1491 et seq. of Title 28, Judiciary and Judicial
    Procedure.
      The Indian Claims Commission, referred to in text, was terminated
    on Sept. 30, 1978. See Codification note set out under former
    section 70 et seq. of this title.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Aug. 9, 1946, ch. 933, 60
    Stat. 968, which comprises this subchapter.

-End-



-CITE-
    25 USC Sec. 609a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XVII - YAKIMA TRIBES

-HEAD-
    Sec. 609a. Tax exemption

-STATUTE-
      Any part of such funds that may be distributed per capita to the
    members of the tribes shall not be subject to Federal or State
    income tax.

-SOURCE-
    (Pub. L. 90-278, Sec. 2, Mar. 30, 1968, 82 Stat. 69.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Aug. 9, 1946, ch. 933, 60
    Stat. 968, which comprises this subchapter.

-End-



-CITE-
    25 USC Sec. 609b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XVII - YAKIMA TRIBES

-HEAD-
    Sec. 609b. Disposition of judgment fund; deductions; advances,
      expenditures, investments, or reinvestments for authorized
      purposes

-STATUTE-
      The funds appropriated by the Act of October 31, 1965 (79 Stat.
    1133, 1152), to pay judgments to the Yakima Tribes of the Yakima
    Reservation in Indian Claims Commission docket numbered 47-A and
    162, and by the Act of July 22, 1969 (83 Stat. 49), in consolidated
    dockets 47 and 164, together with interests thereon, after payment
    of attorney fees and litigation expenses, may be advanced,
    expended, invested, or reinvested for any purpose that is
    authorized by the tribal governing body and approved by the
    Secretary of the Interior.

-SOURCE-
    (Pub. L. 91-413, Sec. 1, Sept. 25, 1970, 84 Stat. 865.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of October 31, 1965, referred to in text, is Pub. L. 89-309,
    Oct. 31, 1965, 79 Stat. 1133, 1152. That portion of the act which
    appropriated the funds referred to was not classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.
      Act of July 22, 1969, referred to in text, is Pub. L. 91-47, July
    22, 1969, 83 Stat. 49. That portion of the act which appropriated
    the funds referred to was not classified to the Code.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Aug. 9, 1946, ch. 933, 60
    Stat. 968, which comprises this subchapter.

-End-



-CITE-
    25 USC Sec. 609b-1                                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XVII - YAKIMA TRIBES

-HEAD-
    Sec. 609b-1. Tax exemption; trusts and other procedures for
      protection of minors and persons under legal disability

-STATUTE-
      Any part of such funds that may be distributed per capita under
    the provisions of section 609b of this title and this section shall
    not be subject to Federal or State income tax; and any per capita
    share payable to a person under twenty-one years of age or to a
    person under legal disability shall be paid in accordance with such
    procedures, including the establishment of trusts, as the Secretary
    determines will adequately protect the best interest of such
    persons.

-SOURCE-
    (Pub. L. 91-413, Sec. 2, Sept. 25, 1970, 84 Stat. 865.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Aug. 9, 1946, ch. 933, 60
    Stat. 968, which comprises this subchapter.

-End-



-CITE-
    25 USC Sec. 609c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XVII - YAKIMA TRIBES

-HEAD-
    Sec. 609c. Disbursement of minor's share of judgment funds

-STATUTE-
    (a) Definitions
      For purposes of this section and section 609c-1 of this title,
    the term - 
        (1) "tribe" means the Confederated Tribes and Bands of the
      Yakama Indian Nation or the Apache Tribe of the Mescalero
      Reservation;
        (2) "tribal governing body" means the governing body of a tribe
      or a committee of the members of such body designated by such
      body for purposes of this section and section 609c-1 of this
      title;
        (3) "Secretary" means the Secretary of the Interior acting
      through (unless otherwise determined by the Secretary) the
      Superintendent of the Bureau of Indian Affairs Agency serving the
      tribe involved;
        (4) "minor" means a member of a tribe, or descendant of a
      member of a tribe, who has not attained the age of eighteen years
      and who has a minor's share;
        (5) "minor's share" means the per capita share of a judgment
      award, and the investment income accruing thereto, which is held
      in trust by the Secretary for a minor; and
        (6) "parent" means the biological or adoptive parent or
      parents, or other legal guardian, of a minor.
    (b) Disbursement to parent of minor
      Notwithstanding any provision of the Act of October 19, 1973 (87
    Stat. 466) [25 U.S.C. 1401 et seq.], the Act of March 12, 1968 (82
    Stat. 47), or any other law, or any regulation or plan promulgated
    pursuant thereto, the minor's share of judgment funds heretofore or
    hereafter awarded by the Indian Claims Commission or the United
    States Court of Claims to a tribe may be disbursed to a parent of
    such minor pursuant to this section and section 609c-1 of this
    title.
    (c) Disbursements under plan for best interest of minor
      The minor's share of judgment funds may be disbursed in such
    amounts deemed necessary by such parent for the best interest of
    the minor for the minor's health, education, welfare, and
    emergencies under a plan governing such funds for each minor (or a
    plan governing funds of all minors in a family) approved by the
    Secretary and the tribal governing body of the minor's tribe.
    (d) Monthly reports
      The Secretary shall provide a monthly report to each tribal
    governing body which has approved one or more plans pursuant to
    subsection (c) of this section. Each such report shall include the
    amount and purpose of every disbursement made during each month
    under such plans.

-SOURCE-
    (Pub. L. 95-433, Sec. 1, Oct. 10, 1978, 92 Stat. 1047; Pub. L. 103-
    435, Sec. 17(b), Nov. 2, 1994, 108 Stat. 4573.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of October 19, 1973, referred to in subsec. (b), is Pub. L.
    93-134, Oct. 19, 1973, 87 Stat. 466, as amended, known as the
    Indian Tribal Judgment Funds Use or Distribution Act, which is
    classified generally to chapter 16 (Sec. 1401 et seq.) of this
    title. For complete classification of this Act to the Code, see
    section 1401(c) of this title and Tables.
      Act of March 12, 1968, referred to in subsec. (b), is Pub. L. 90-
    266, which authorized the consolidation and use of funds in favor
    of the Apache Tribe of the Mescalero Reservation, and was not
    classified to the Code.
      The Indian Claims Commission, referred to in subsec. (b),
    terminated Sept. 30, 1978. See Codification note set out under
    former section 70 et seq. of this title.
      The United States Court of Claims, referred to in subsec. (b),
    and the United States Court of Customs and Patent Appeals were
    merged effective Oct. 1, 1982, into a new United States Court of
    Appeals for the Federal Circuit by Pub. L. 97-164, Apr. 2, 1982, 96
    Stat. 25, which also created a United States Claims Court [now
    United States Court of Federal Claims] that inherited the trial
    jurisdiction of the Court of Claims. See sections 48, 171 et seq.,
    791 et seq., and 1491 et seq. of Title 28, Judiciary and Judicial
    Procedure.


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (a)(1). Pub. L. 103-435 substituted "Confederated
    Tribes and Bands of the Yakama Indian Nation" for "Confederated
    Tribes and Bands of the Yakima Indian Nation".

-End-



-CITE-
    25 USC Sec. 609c-1                                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XVII - YAKIMA TRIBES

-HEAD-
    Sec. 609c-1. Tax exemption; eligibility for Federal assistance
      without regard to payments

-STATUTE-
      Any part of any of the judgment funds referred to in section 609c
    of this title that may be distributed per capita to, or held in
    trust for the benefit of, the members of a tribe, including minor's
    shares, shall not be subject to Federal or State income tax, and
    the per capita payment shall not be considered as income or
    resources when determining the extent of eligibility for assistance
    under the Social Security Act [42 U.S.C. 301 et seq.], or any other
    Federal or federally assisted program.

-SOURCE-
    (Pub. L. 95-433, Sec. 2, Oct. 10, 1978, 92 Stat. 1047.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in text, is act Aug. 14,
    1935, ch. 531, 49 Stat. 620, as amended, which is classified
    generally to chapter 7 (Sec. 301 et seq.) of Title 42, The Public
    Health and Welfare. For complete classification of this Act to the
    Code, see section 1305 of Title 42 and Tables.

-End-


-CITE-
    25 USC SUBCHAPTER XVIII - SWINOMISH TRIBE                   01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XVIII - SWINOMISH TRIBE

-HEAD-
                    SUBCHAPTER XVIII - SWINOMISH TRIBE                

-End-



-CITE-
    25 USC Sec. 610                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XVIII - SWINOMISH TRIBE

-HEAD-
    Sec. 610. Purchase of lands within, adjacent to, or in close
      proximity to boundaries of Swinomish Indian Reservation

-STATUTE-
      The Secretary of the Interior is authorized to purchase with
    funds made available by the Swinomish Indian Tribal Community any
    land or interest in land within, adjacent to, or in close proximity
    to the boundaries of the Swinomish Indian Reservation.

-SOURCE-
    (Pub. L. 90-534, Sec. 1, Sept. 28, 1968, 82 Stat. 884.)

-End-



-CITE-
    25 USC Sec. 610a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XVIII - SWINOMISH TRIBE

-HEAD-
    Sec. 610a. Sale or exchange of lands; money equalization payments

-STATUTE-
      Any land or interest in land now owned or hereafter acquired by
    or in trust for the Swinomish Indian Tribal Community may be sold
    or exchanged for other land or interest in land within, adjacent
    to, or in close proximity to the boundaries of the Swinomish Indian
    Reservation, and the land values involved in an exchange must be
    equal or be equalized by the payment of money.

-SOURCE-
    (Pub. L. 90-534, Sec. 2, Sept. 28, 1968, 82 Stat. 884.)

-End-



-CITE-
    25 USC Sec. 610b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XVIII - SWINOMISH TRIBE

-HEAD-
    Sec. 610b. Title to lands; tax exemption; prohibition of
      restrictions

-STATUTE-
      Title to any land acquired pursuant to this subchapter shall be
    taken in the name of the United States in trust for the Swinomish
    Indian Tribal Community and shall be nontaxable if the land is
    within the boundaries of the Swinomish Indian Reservation, and
    title shall be taken in the name of the Community subject to no
    restrictions on alienation, taxation, management, or use if the
    land is outside such boundaries.

-SOURCE-
    (Pub. L. 90-534, Sec. 3, Sept. 28, 1968, 82 Stat. 884.)

-End-



-CITE-
    25 USC Sec. 610c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XVIII - SWINOMISH TRIBE

-HEAD-
    Sec. 610c. Mortgages or deeds in trust; law governing mortgage
      foreclosure or sale; United States as party; removal of cases:
      appeals

-STATUTE-
      The Swinomish Indian Tribal Community may, with the approval of
    the Secretary of the Interior, execute mortgages or deeds of trust
    to land the title to which is held by the community, or by the
    United States in trust for the community. Such land shall be
    subject to foreclosure or sale pursuant to the terms of such
    mortgage or deed of trust in accordance with the laws of the State
    of Washington. The United States shall be an indispensable party
    to, and may be joined in, any such proceeding involving trust land
    with the right to remove the action to the United States district
    court for the district in which the land is situated, according to
    the procedure in section 1446 of title 28, and the United States
    shall have the right to appeal from any order of remand entered in
    such action.

-SOURCE-
    (Pub. L. 90-534, Sec. 4, Sept. 28, 1968, 82 Stat. 884.)

-End-



-CITE-
    25 USC Sec. 610d                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XVIII - SWINOMISH TRIBE

-HEAD-
    Sec. 610d. Moneys or credits for tribal purposes

-STATUTE-
      Any moneys or credits received or credited to the Swinomish
    Indian Tribal Community from the sale, exchange, mortgage, or
    granting of any security interest in any tribal land may be used
    for tribal purposes.

-SOURCE-
    (Pub. L. 90-534, Sec. 5, Sept. 28, 1968, 82 Stat. 884.)

-End-



-CITE-
    25 USC Sec. 610e                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XVIII - SWINOMISH TRIBE

-HEAD-
    Sec. 610e. Assignment of income

-STATUTE-
      The Swinomish Indian Tribal Community may assign any income due
    it, subject to approval of the Secretary of the Interior. Such
    approval may be given in general terms or may be limited to
    specified assignments.

-SOURCE-
    (Pub. L. 90-534, Sec. 7, Sept. 28, 1968, 82 Stat. 884.)

-End-


-CITE-
    25 USC SUBCHAPTER XIX - SHOSHONE AND ARAPAHO TRIBES OF
           WYOMING                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIX - SHOSHONE AND ARAPAHO TRIBES OF WYOMING

-HEAD-
          SUBCHAPTER XIX - SHOSHONE AND ARAPAHO TRIBES OF WYOMING      

-End-



-CITE-
    25 USC Sec. 611                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIX - SHOSHONE AND ARAPAHO TRIBES OF WYOMING

-HEAD-
    Sec. 611. Division of trust fund on deposit in United States
      Treasury to joint credit of both tribes

-STATUTE-
      The Secretary of the Interior is authorized and directed to
    divide the trust funds on deposit in the Treasury of the United
    States to the joint credit of the Shoshone and Arapaho Tribes of
    the Wind River Reservation, Wyoming, including the unexpended
    balance of the treaty funds arising under section 12 of the Act of
    June 7, 1897 (30 Stat. 93), between the Shoshone Tribe and the
    Arapaho Tribe, crediting one-half of the total amount in the
    principal account to a principal trust fund account and one-half of
    the total amount in the interest account to an interest trust fund
    account for each tribe: Provided, That in dividing the funds there
    shall be taken into consideration in determining the amount to be
    credited to each tribe the outstanding loans made from joint trust
    funds to the Indians of each tribe.

-SOURCE-
    (May 19, 1947, ch. 80, Sec. 1, 61 Stat. 102.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 12 of the Act of June 7, 1897 (30 Stat. 93), referred to
    in text, is act June 7, 1897, ch. 3, Sec. 12, 30 Stat. 93, which
    was not classified to the Code.


-MISC1-
               WIND RIVER INDIAN RESERVATION; MINERAL RIGHTS           
      Pub. L. 85-780, Aug. 27, 1958, 72 Stat. 935, provided: "That,
    from and after the effective date of this Act [Aug. 27, 1958], all
    of the right, title, and interest of the United States in all
    minerals, including oil and gas, the Indian title, to which was
    extinguished by the Act of August 15, 1953 (67 Stat. 592; Public
    Law 284, Eighty-third Congress, first session [set out as a note
    under this section]), entitled 'An Act to provide compensation to
    the Shoshone and Arapahoe Tribes of Indians for certain lands of
    the Riverton reclamation project within the ceded portion of the
    Wind River Indian Reservation, and for other purposes', is hereby
    declared to be held by the United States in trust for the Shoshone
    and Arapahoe Tribes and, notwithstanding any other provision of
    law, said minerals, including oil and gas, subject to the
    provisions of section 2 of this Act, shall be administered and
    leased in accordance with the provisions of the Act of May 11, 1938
    (ch. 198, 52 Stat. 347 [sections 396a to 396g of this title]). The
    gross proceeds received by the United States from such minerals
    either before or after the date of this Act shall be deposited to
    the credit of the Shoshone and Arapahoe Tribes in accordance with
    the provisions of the Act of May 19, 1947 (61 Stat. 102), as
    amended [this subchapter], and any of such gross proceeds that have
    been credited to miscellaneous receipts in the Treasury of the
    United States in accordance with the provisions of section 5 of the
    Act of August 15, 1953 (67 Stat. 592 [set out as a note under this
    section]), shall be transferred on the books of the Treasury to the
    credit of such tribes.
      "Sec. 2. Notwithstanding any other provision of law, (1) all
    mineral leases, including oil and gas leases, covering any of the
    minerals referred to in section 1 hereof, which have heretofore
    been issued by the Secretary of the Interior on a noncompetitive
    basis, shall be subject to renewal at the end of the primary five-
    year term thereof for a term that extends to a date that is five
    years from the date of this Act [Aug. 27, 1958] and shall not be
    subject to renewal or further extension except in any case where,
    at the expiration of said extended term, oil or gas is being
    produced under the lease in paying quantities, and (2) the
    Secretary of the Interior shall process in accordance with the
    Mineral Leasing Act of February 25, 1920 (ch. 85, 41 Stat. 437), as
    amended [section 181 et seq. of Title 30, Mineral Lands and
    Mining], and the regulations issued thereunder, all oil and gas
    lease offers covering any of the oil and gas referred to in section
    1 hereof which were filed on or before December 31, 1957: Provided,
    That any oil and gas lease issued pursuant to such lease offers
    shall be for a single term of five years commencing with the
    effective date of the lease and shall not be subject to renewal or
    extension except in any case where at the expiration of said five-
    year term, oil or gas is being produced under the lease in paying
    quantities.
      "Any oil or gas lease referred to in subparagraph (1) of this
    section and any oil or gas lease which may hereafter be issued
    pursuant to the lease offers referred to in subparagraph (2) of
    this section shall be subject to the provisions of section 1 (1) of
    the Act of July 29, 1954 (ch. 644, 68 Stat. 583), amendatory of the
    second paragraph of section 17 of the Mineral Leasing Act of
    February 25, 1920 (ch. 85, 41 Stat. 443), as amended [section 226
    of title 30]."

       WIND RIVER INDIAN RESERVATION; COMPENSATION FOR LANDS OF THE
                       RIVERTON RECLAMATION PROJECT
      Act Aug. 15, 1953, ch. 509, 67 Stat. 592, provided that: "There
    is hereby authorized to be transferred in the Treasury of the
    United States from funds now or hereafter made available for
    carrying on the functions of the Bureau of Reclamation and to be
    placed to the credit of the Shoshone and Arapahoe Tribes of Indians
    of the Wind River Indian Reservation in Wyoming, the sum of
    $1,009,500, said sum shall be credited to and expended for the
    benefit of said tribes and their members as provided by the Act of
    May 19, 1947 (61 Stat. 102), as amended by the Act of August 30,
    1951 (65 Stat. 208), and by the Act of July 17, 1953 (Public Law
    132, Eighty-third Congress) [this subchapter], and as may be
    hereinafter amended, and shall be deemed to constitute full,
    complete, and final compensation, except as provided in section 5
    of this Act, for terminating and extinguishing all of the right,
    title, estate, and interest, including minerals, gas and oil, of
    said Indian tribes and their members of, in and to the lands,
    interests in lands, and any and all past and future damages arising
    out of the cession to the United States, pursuant to the Act of
    March 3, 1905 (33 Stat. 1016) of that part of the former Wind River
    Indian Reservation lying within * * * the proposed exterior
    boundaries of the Riverton reclamation project, Fremont County,
    Wyoming * * *".
                                 * * * * *                             

    "* * * Provided, That any member, or the heirs or assignees of any
    member, of either of said tribes, who on the 24th day of July 1952,
    had an existing and valid assignment on any part of the above-
    described land, shall have the right, at his or her option, within
    one year after the date of enactment of this Act [Aug. 15, 1953] to
    enter into a contract with the United States, by and through the
    Bureau of Reclamation, for the purchase, at a price and on terms
    satisfactory to the Secretary of the Interior, of all or any
    contiguous part of such assignment, and upon final payment of the
    purchase price therefor, a fee patent accordingly shall be issued
    to such assignee, subject to reservations of all oil, gas, and
    minerals to the United States, and subject to section 5 of this
    Act, and if any part of the land so selected shall contain land
    irrigable under the Riverton reclamation project, then said
    patented land shall be subject to all irrigation charges, taxes,
    and liens imposed by Federal or State law, to the same extent and
    in like manner as other lands of the Riverton reclamation project:
    Provided further, That all existing contracts relating to
    irrigation charges, with respect to such irrigable land, shall
    remain in full force and effect: And provided further, That nothing
    in this Act shall be construed to affect the rights and interests
    in and to any land embraced within the tract described herein that
    has been allotted to an individual member of either of the said
    tribes which, on the date of enactment of this Act [Aug. 15, 1953],
    is held by the United States in trust for such member or his or her
    heirs.
      "Sec. 2. Subject only to the existing rights and interests which
    are not extinguished and terminated by this Act, all unentered and
    vacant lands within the area described in section 1 hereof, are
    hereby restored to the public domain for administration, use,
    occupancy, and disposal under the reclamation and public land laws
    of the United States: Provided, That the sale or other disposition
    of such lands shall be at rates and upon terms and conditions
    approved by the Secretary of the Interior: Provided further, That
    the average price of all such lands disposed of by sale shall be
    not less than $6.25 per acre.
      "Sec. 3. The sum transferred to the credit of the Shoshone and
    Arapahoe Tribes of Indians as aforesaid and the expenses of
    carrying out the provisions of this Act shall be nonreimbursable
    and nonreturnable under the reclamation laws of the United States.
    The net proceeds derived from the disposal of said lands shall be
    covered into the general fund of the Treasury or into the
    reclamation fund as the Secretary of the Interior shall find
    appropriate in the light of the source from which the funds
    transferred or expended in carrying out this Act are derived.
      "Sec. 4. Subject to any outstanding rights and interests, all of
    the ceded lands of the Wind River Reservation withdrawn pursuant to
    the Act of June 17, 1902, for the development of the Riverton
    reclamation project, Wyoming, not included within the boundaries of
    the tract described in section 1 of this Act, are hereby restored
    to the ownership of said tribes to the same extent as the ownership
    provided by the Act of July 27, 1939 (53 Stat. 1128) [sections 571
    to 577 of this title], with respect to vacant lands ceded to the
    United States under the provisions of the Act of March 3, 1905 (33
    Stat. 1016), but not subsequently withdrawn for reclamation
    purposes: Provided, That the compensation authorized in section 1
    hereof shall also be deemed to release the United States from any
    and all claims for damages whatsoever arising out of withdrawal of
    lands herein restored to tribal ownership.
      "Sec. 5. Notwithstanding any other provision of law, the United
    States shall deposit in the Treasury of the United States to the
    credit of said tribes, to be available for expenditure for the
    benefit of said tribes and their members, as provided by the Act of
    May 19, 1947 (61 Stat. 102), as amended by the Act of August 30,
    1951 (65 Stat. 208), and by the Act of July 17, 1953 (Public Law
    132, Eighty-third Congress) [this subchapter], and as may be
    hereinafter amended, 90 per centum of the gross receipts of the
    United States, as they are received from time to time, from all
    leases, bonuses, royalties, or other proceeds derived under the
    mining and mineral-leasing laws of the United States from any and
    all lands in which all rights and interests of the tribes are
    terminated and extinguished by the terms and conditions of section
    1 of this Act and which are embraced within the boundaries of the
    tract described in said section 1. Notwithstanding any other
    provision of law the remaining 10 per centum of such gross receipts
    shall be deposited in the Treasury of the United States to the
    credit of miscellaneous receipts.
      "Sec. 6. Should this Act become law subsequent to June 30, 1954,
    there is hereby reserved to the Shoshone and Arapahoe Tribes the
    privilege of rejecting, within one hundred and twenty days after
    the date of the Act [Aug. 15, 1953], the terms and conditions of
    its sections 1, 4, and 5. If those terms and conditions are
    rejected, no part of the Act shall become effective.
      "Sec. 7. The Secretary of the Interior is authorized to perform
    any and all acts to carry out the provisions and purposes of this
    Act."

-End-



-CITE-
    25 USC Sec. 612                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIX - SHOSHONE AND ARAPAHO TRIBES OF WYOMING

-HEAD-
    Sec. 612. Establishment of trust fund for each tribe; transfer of
      funds; interest; crediting of revenues, receipts, and proceeds of
      judgments

-STATUTE-
      The Secretary of the Treasury, upon request of the Secretary of
    the Interior, is authorized and directed to establish a trust fund
    account for each tribe and shall make such transfer of funds on the
    books of his department as may be necessary to effect the purpose
    of section 611 of this title: Provided, That interest shall accrue
    on the principal fund only, at the rate of 4 per centum per annum,
    and shall be credited to the interest trust fund accounts
    established by this section: Provided further, That all future
    revenues and receipts derived from the Wind River Reservation under
    any and all laws, and the proceeds from any judgment for money
    against the United States hereafter paid jointly to the Shoshone
    and Arapahoe Tribes of the Wind River Reservation, shall be divided
    in accordance with section 611 of this title and credited to the
    principal trust fund accounts established herein; and the proceeds
    from any judgment for money against the United States hereafter
    paid to either of the tribes singly shall be credited to the
    appropriate principal trust fund account.

-SOURCE-
    (May 19, 1947, ch. 80, Sec. 2, 61 Stat. 102; Aug. 30, 1951, ch.
    367, Sec. 1, 65 Stat. 208; Pub. L. 85-610, Sec. 1, Aug. 8, 1958, 72
    Stat. 541.)


-MISC1-
                                AMENDMENTS                            
      1958 - Pub. L. 85-610 substituted "Secretary of the Treasury" for
    "Comptroller of the United States", required division of future
    receipts from Reservation and proceeds from judgments paid jointly
    to Tribes, and provided for manner of crediting proceeds from
    judgments paid to either of Tribes.
      1951 - Act Aug. 30, 1951, substituted "any" for "existing" before
    "law" in second proviso.

-End-



-CITE-
    25 USC Sec. 613                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XIX - SHOSHONE AND ARAPAHO TRIBES OF WYOMING

-HEAD-
    Sec. 613. Advances or expenditures from tribal funds; emergency and
      educational loans; payments to individuals of tribes; per capita
      payments not subject to liens or claims; exception

-STATUTE-
      Notwithstanding any other provision of existing law, the trust
    funds credited to the Shoshone Tribe and the Arapahoe Tribe,
    respectively, under the provisions of this subchapter shall be
    available for expenditure or for advance to the tribes for such
    purposes as may be requested by the business council of the tribe
    concerned and approved by the Secretary of the Interior, or such
    official as may be designated by him: Provided, That the Secretary
    of the Interior is directed to make available out of the trust
    funds of the Shoshone Tribe the sum of $7,500 for the purpose of
    making emergency and educational loans on the authority and
    responsibility of the Shoshone Tribe, through its business council,
    without liability to the United States and free from regulation or
    approval by the Secretary of the Interior: Provided further, That,
    commencing as soon after August 8, 1958 as the Secretary of the
    Interior determines may be practicable in order to change from the
    existing quarterly payment system, but not later than January 1,
    1959, 85 per centum of said trust funds shall be paid per capita to
    the members of the respective tribes in equal monthly installments
    on the first day of each month, or as near thereto as practicable,
    or with the approval of the Secretary of the Interior, at such more
    frequent intervals as the tribes may request. The amount of the
    monthly payments during any one calendar year shall be determined
    by the Secretary of the Interior on the basis of estimated
    anticipated income for that calendar year: Provided further, That
    the Secretary may increase or decrease the amount of the monthly
    payments in the light of actual receipts during the calendar year,
    and in order to avoid the omission of a payment or a reduction in
    the amount that would cause unnecessary hardship the Secretary may
    permit the total monthly payments for a year to exceed 85 per
    centum of the actual receipts for that year and deduct the excess
    from the receipts of the following or succeeding years before
    determining the amount of the monthly payments for such succeeding
    years: Provided further, That said per capita payments shall not be
    subject to any lien or claim of any nature against any of the
    members of said tribes unless the business council of such member
    shall consent thereto in writing, except as to reimbursable
    Treasury loans made to individual members of either tribe which may
    be due to the United States, and except as to irrigation charges
    owed by individual Indians to the United States with respect to
    lands for which water is requested and received by said individual
    Indians, and with respect to lands that are determined by the
    Secretary of the Interior to be properly classified under existing
    law on the basis of the survey undertaken by the Secretary after
    the amendment of this section on July 25, 1956 (70 Stat. 642):
    Provided further, That quarterly per capita payments under this
    subchapter shall continue without interruption until the monthly
    per capita payments are put into effect on or before January 1,
    1959.

-SOURCE-
    (May 19, 1947, ch. 80, Sec. 3, 61 Stat. 102; Aug. 30, 1951, ch.
    367, Sec. 2, 65 Stat. 209; July 17, 1953, ch. 223, 67 Stat. 179;
    Aug. 9, 1955, ch. 638, 69 Stat. 557; July 25, 1956, ch. 723, Sec.
    1, 70 Stat. 642; Pub. L. 85-610, Sec. 2, Aug. 8, 1958, 72 Stat.
    541.)


-MISC1-
                                AMENDMENTS                            
      1958 - Pub. L. 85-610 substituted "business council" for "tribal
    council", to authorize $7,500 for emergency and educational loans,
    permitted monthly payments instead of quarterly payments and
    allowed for payments at more frequent intervals if the tribes so
    request, required the Secretary to determine the amount of monthly
    payments during any calendar year on the basis of estimated
    anticipated income for that calendar year, provided for increases
    and decreases in monthly payments and omitted provisions which
    related to authority of the Secretary to protect and conserve funds
    payable to minors and incompetents.
      1956 - Act July 25, 1956, increased per capita payments from 80
    to 85 percent, extended period of payments from May 19, 1957, to
    May 19, 1959, subjected per capita payments to irrigation charges
    with respect to lands that are determined by the Secretary of the
    Interior to to be properly classified under existing law on the
    basis of a survey, and inserted provisions relating to authority of
    the Secretary to protect and conserve funds payable to minors and
    incompetents.
      1955 - Act Aug. 9, 1955, permitted quarterly per capita payments
    instead of semiannual payments.
      1953 - Act July 17, 1953, increased per capita distribution from
    two-thirds to 80 per centum.
      1951 - Act Aug. 30, 1951, substituted "ten" for "five" before
    "years" in first proviso.

                  PER CAPITA PAYMENTS AFTER MAY 19, 1959              
      Section 2 of act July 25, 1956, directed Secretary of the
    Interior to report to Congress before Jan. 1, 1958, in order to
    determine the conditions under which per capita payments could be
    authorized after May 19, 1959, (1) recommendations regarding any
    new authority, if any, needed to protect adequately the interests
    of minors and incompetent Indians, (2) results of a survey and
    reclassification of the lands that should be removed from the
    irrigation project, and (3) adequacy of tribal contribution to cost
    of administering the reservation.

-End-


-CITE-
    25 USC SUBCHAPTER XX - PUEBLO AND CANONCITO NAVAJO
           INDIANS                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XX - PUEBLO AND CANONCITO NAVAJO INDIANS

-HEAD-
            SUBCHAPTER XX - PUEBLO AND CANONCITO NAVAJO INDIANS        

-End-



-CITE-
    25 USC Sec. 621                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XX - PUEBLO AND CANONCITO NAVAJO INDIANS

-HEAD-
    Sec. 621. Portions of tribal lands to be held in trust by the
      United States; remainder to become part of the public domain

-STATUTE-
      Title to the lands and the improvements thereon, lying and
    situated within the State of New Mexico, which have been acquired
    by the United States under authority of title II of the National
    Industrial Recovery Act of June 16, 1933 (48 Stat. 200), the
    Emergency Relief Appropriation Act of April 8, 1935 (49 Stat. 115),
    section 55 of title I of the Act of August 24, 1935 (49 Stat. 750,
    781), the Bankhead-Jones Farm Tenant Act (50 Stat. 522, 525) and
    subsequent emergency relief appropriation Acts administrative
    jurisdiction over which has heretofore been transferred by the
    President from the Secretary of Agriculture to the Secretary of the
    Interior, to be administered through the Commissioner of Indian
    Affairs for the benefit of the Indians, by Executive Orders
    Numbered 7792, 7975, 8255, 8471, 8696, and 8472 and that title to
    the public domain lands and improvements thereon, lying and
    situated within the State of New Mexico, which were withdrawn in
    aid of proposed legislation by the Secretary of the Interior on
    December 23, 1938, and May 31, 1939, and now in use by Pueblo or
    Canoncito Navajo Indians, excepting those portions thereof used by
    the United States for administrative purposes, is declared to be in
    the United States of America in trust for the respective tribes,
    bands, or groups of Indians occupying and using same as a part of
    their respective existing reservations, subject to valid existing
    rights. The remainder of the aforesaid land is declared to be a
    part of the public domain of the United States and shall be
    transferred by the Secretary of the Interior to the Bureau of Land
    Management for administration under the provisions of the Act of
    Congress of June 28, 1934, generally known as Taylor Grazing Act
    [43 U.S.C. 315 et seq.] (48 Stat. 1269, as amended). The boundaries
    and descriptions of the areas to become Indian lands and those
    which are to be transferred to the Bureau of Land Management are
    set out in sections III and IV, respectively, of the memorandum of
    information which is attached to and a part of the report of the
    Secretary of the Interior to the Senate Committee on Interior and
    Insular Affairs on this subchapter, and such boundaries and
    descriptions are adopted as part of this subchapter and shall be
    published in the Federal Register: Provided, That before said
    boundaries and descriptions are published in the Federal Register
    as herein provided, the Secretary of the Interior may correct any
    clerical errors in section III of said memorandum of information
    and shall revise the same so as to define the areas on that portion
    of the lands conveyed by this subchapter and known as Bell Rock
    Mesa used and occupied respectively by the Laguna Pueblo Indians
    and the Canoncito Navajo Indians.

-SOURCE-
    (Aug. 13, 1949, ch. 425, Sec. 1, 63 Stat. 604.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Industrial Recovery Act, referred to in text, is act
    June 16, 1933, ch. 90, 48 Stat. 195, as amended. Title II of the
    Act was classified principally to subchapter I (Sec. 401 et seq.)
    of chapter 8 of former Title 40, Public Buildings, Property, and
    Works, and was terminated June 30, 1943, by act June 27, 1942, ch.
    450, Sec. 1, 56 Stat. 410. Provisions of title II of the Act which
    were classified to former Title 40 were repealed by Pub. L. 107-
    217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304. For complete
    classification of this Act to the Code, see Tables.
      The Emergency Relief Appropriation Act of April 8, 1935 (49 Stat.
    115), referred to in text, is act Apr. 8, 1935, ch. 48, 49 Stat.
    115, which was set out as a note under section 728 of Title 15,
    Commerce and Trade.
      Section 55 of title I of the Act of August 24, 1935 (49 Stat.
    750, 781), referred to in text, is section 5 of act Aug. 24, 1935,
    ch. 641, title I, 49 Stat. 781, which was not classified to the
    Code but was listed in the Supplementary Legislation note under
    section 721 of Title 15.
      The Bankhead-Jones Farm Tenant Act (50 Stat. 522, 525), referred
    to in text, is act July 22, 1937, ch. 517, 50 Stat. 522, as
    amended, which is classified generally to chapter 33 (Sec. 1000 et
    seq.) of Title 7, Agriculture. For complete classification of this
    Act to the Code, see section 1000 of Title 7 and Tables.
      The Taylor Grazing Act, referred to in text, is act June 28,
    1934, ch. 865, 48 Stat. 1269, as amended, which is classified
    principally to subchapter I (Sec. 315 et seq.) of chapter 8A of
    Title 43, Public Lands. For complete classification of this Act to
    the Code, see Short Title note set out under section 315 of Title
    43 and Tables.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Interior and Insular Affairs of the Senate abolished
    and replaced by Committee on Energy and Natural Resources of the
    Senate, Effective Feb. 11, 1977. See Rule XXV of Standing Rules of
    the Senate, as amended by Senate Resolution No. 4, Ninety-fifth
    Congress (popularly cited as the "Committee System Reorganization
    Amendments of 1977"), approved Feb. 4, 1977. Section 105 of Senate
    Resolution No. 4 established a temporary Select Committee on Indian
    Affairs having jurisdiction over matters relating to Indian affairs
    (such matters previously having been within the jurisdiction of the
    Committee on Interior Ninety-eighth Congress, established the
    Select Committee on Indian Affairs as a permanent committee of the
    Senate, and section 25 of Senate Resolution No. 71, Feb. 25, 1993,
    One Hundred Third Congress, redesignated the Select Committee on
    Indian Affairs as the Committee on Indian Affairs.

-End-



-CITE-
    25 USC Sec. 622                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XX - PUEBLO AND CANONCITO NAVAJO INDIANS

-HEAD-
    Sec. 622. Exchange of tribal lands; title to lands

-STATUTE-
      For the purpose of consolidation of Indian lands the Secretary of
    the Interior is authorized, under such regulations as he may
    prescribe, to exchange any lands or interests therein, including
    improvements and water rights with the consent of the Pueblo or
    Navajo tribal authorities for other lands, water rights, and
    improvements of similar value in the area set apart for the Pueblos
    and Canoncito Navajos or in the areas declared to be public domain
    or within any public domain within New Mexico. Title to all lands
    acquired under the provisions of this subchapter shall be taken in
    the name of the United States in trust for the respective Pueblo
    Indians and the Navajo Canoncito group.

-SOURCE-
    (Aug. 13, 1949, ch. 425, Sec. 2, 63 Stat. 605.)

-End-



-CITE-
    25 USC Sec. 623                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XX - PUEBLO AND CANONCITO NAVAJO INDIANS

-HEAD-
    Sec. 623. Disbursement of deposits in the United Pueblos Agency

-STATUTE-
      The funds now on deposit in the United Pueblos Agency in "special
    deposits" which have accrued from issuance of livestock-crossing
    permits and fees collected for grazing permits on the lands which
    have been under the jurisdiction of the Department of the Interior
    shall be expended or disbursed for the benefit of the Indians under
    such rules and regulations as the Secretary of the Interior may
    prescribe.

-SOURCE-
    (Aug. 13, 1949, ch. 425, Sec. 3, 63 Stat. 605.)

-End-



-CITE-
    25 USC Sec. 624                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XX - PUEBLO AND CANONCITO NAVAJO INDIANS

-HEAD-
    Sec. 624. Exchange of lands

-STATUTE-
    (a) Authorization of Secretary; manner and place
      For the purpose of improving the land tenure pattern and
    consolidating Pueblo Indian lands, the Secretary of the Interior is
    authorized, under such regulations as he may prescribe, to acquire
    by exchange any lands or interests therein, including improvements
    and water rights, within the Pueblo land consolidation areas, and
    to convey in exchange therefor not to exceed an equal value of
    unappropriated public lands within the State of New Mexico, or,
    with the consent of the Pueblo authorities any Pueblo tribal lands
    or interest therein, including improvements and water rights.
    (b) Reservation of minerals, easements, or rights of use
      Either party to an exchange under this section may reserve
    minerals, easements, or rights of use.
    (c) Execution of title documents
      The Secretary may execute any title documents necessary to effect
    the exchanges authorized by this section.
    (d) Title to lands
      Title to all lands acquired under the provisions of this section
    shall be taken in the name of the United States in trust for the
    respective Pueblo Indian tribes.

-SOURCE-
    (Pub. L. 87-231, Sec. 10, Sept. 14, 1961, 75 Stat. 505.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Aug. 13, 1949, ch. 425, 63
    Stat. 604, which comprises this subchapter.

-End-


-CITE-
    25 USC SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES:
           REHABILITATION                                  01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION

-HEAD-
          SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION      

-End-



-CITE-
    25 USC Sec. 631                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION

-HEAD-
    Sec. 631. Basic program for conservation and development of
      resources; projects; appropriations

-STATUTE-
      In order to further the purposes of existing treaties with the
    Navajo Indians, to provide facilities, employment, and services
    essential in combating hunger, disease, poverty, and demoralization
    among the members of the Navajo and Hopi Tribes, to make available
    the resources of their reservations for use in promoting a self-
    supporting economy and self-reliant communities, and to lay a
    stable foundation on which these Indians can engage in diversified
    economic activities and ultimately attain standards of living
    comparable with those enjoyed by other citizens, the Secretary of
    the Interior is authorized and directed to undertake, within the
    limits of the funds from time to time appropriated pursuant to this
    subchapter, a program of basic improvements for the conservation
    and development of the resources of the Navajo and Hopi Indians,
    the more productive employment of their manpower, and the supplying
    of means to be used in their rehabilitation, whether on or off the
    Navajo and Hopi Indian Reservations. Such program shall include the
    following projects for which capital expenditures in the amount
    shown after each project listed in the following subsections and
    totaling $108,570,000 are authorized to be appropriated:
        (1) Soil and water conservation and range improvement work,
      $10,000,000.
        (2) Completion and extension of existing irrigation projects,
      and completion of the investigation to determine the feasibility
      of the proposed San Juan-Shiprock irrigation project, $9,000,000.
        (3) Surveys and studies of timber, coal, mineral, and other
      physical and human resources, $500,000.
        (4) Development of industrial and business enterprises,
      $1,000,000.
        (5) Development of opportunities for off-reservation employment
      and resettlement and assistance in adjustments related thereto,
      $3,500,000.
        (6) Relocation and resettlement of Navajo and Hopi Indians
      (Colorado River Indian Reservation), $5,750,000.
        (7) Roads and trails, $40,000,000; of which not less than
      $20,000,000 shall be (A) available for contract authority for
      such construction and improvement of the roads designated as
      route 1 and route 3 on the Navajo and Hopi Indian Reservations as
      may be necessary to bring the portion of such roads located in
      any State up to at least the secondary road standards in effect
      in such State, and (B) in addition to any amounts expended on
      such roads under the $20,000,000 authorization provided under
      this clause prior to amendment.
        (8) Telephone and radio communications systems, $250,000.
        (9) Agency, institutional, and domestic water supply,
      $2,500,000.
        (10) Establishment of a revolving loan fund, $5,000,000.
        (11) Hospital buildings and equipment, and other health
      conservation measures, $4,750,000.
        (12) School buildings and equipment, and other educational
      measures, $25,000,000.
        (13) Housing and necessary facilities and equipment, $820,000.
        (14) Common service facilities, $500,000.

      Funds so appropriated shall be available for administration,
    investigations, plans, construction, and all other objects
    necessary for or appropriate to the carrying out of the provisions
    of this subchapter. Such further sums as may be necessary for or
    appropriate to the annual operation and maintenance of the projects
    herein enumerated are also authorized to be appropriated. Funds
    appropriated under these authorizations shall be in addition to
    funds made available for use on the Navajo and Hopi Reservations,
    or with respect to Indians of the Navajo Tribes, out of
    appropriations heretofore or hereafter granted for the benefit,
    care, or assistance of Indians in general, or made pursuant to
    other authorizations now in effect.

-SOURCE-
    (Apr. 19, 1950, ch. 92, Sec. 1, 64 Stat. 44; Pub. L. 85-740, Aug.
    23, 1958, 72 Stat. 834.)


-MISC1-
                                AMENDMENTS                            
      1958 - Pub. L. 85-740 substituted $108,570,000 for $88,570,000 in
    opening par., and, in cl. (7), increased from $20,000,000 to
    $40,000,000 the amount authorized for roads and trails, of which
    not less than $20,000,000 shall be available for contract authority
    to bring routes 1 and 3 on the Navajo and Hopi Indian reservations
    up to secondary road standards in the State.

-COD-
                    CONTRACT AUTHORITY; APPROPRIATIONS                
      Pub. L. 85-740 provided in part that the contract authority and
    appropriations authorized by the amendment to clause (7) of this
    section shall be in addition to sums apportioned to Indian
    reservations or to the State of Arizona under the Federal Highway
    Act, as amended and supplemented.

-End-



-CITE-
    25 USC Sec. 632                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION

-HEAD-
    Sec. 632. Character and extent of administration; time limit;
      reports on use of funds

-STATUTE-
      The foregoing program shall be administered in accordance with
    the provisions of this subchapter and existing laws relating to
    Indian affairs, shall include such facilities and services as are
    requisite for or incidental to the effectuation of the projects
    herein enumerated, shall apply sustained-yield principles to the
    administration of all renewable resources, and shall be prosecuted
    in a manner which will provide for completion of the program, so
    far as practicable, within ten years from April 19, 1950. An
    account of the progress being had in the rehabilitation of the
    Navajo and Hopi Indians, and of the use made of the funds
    appropriated to that end under this subchapter, shall be included
    in each annual report of the work of the Department of the Interior
    submitted to the Congress during the period covered by the
    foregoing program.

-SOURCE-
    (Apr. 19, 1950, ch. 92, Sec. 2, 64 Stat. 45.)

-End-



-CITE-
    25 USC Sec. 633                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION

-HEAD-
    Sec. 633. Preference in employment; on-the-job training

-STATUTE-
      Navajo and Hopi Indians shall be given, whenever practicable,
    preference in employment on all projects undertaken pursuant to
    this subchapter, and, in furtherance of this policy may be given
    employment on such projects without regard to the provisions of the
    civil-service and classification laws. To the fullest extent
    possible, Indian workers on such projects shall receive on-the-job
    training in order to enable them to become qualified for more
    skilled employment.

-SOURCE-
    (Apr. 19, 1950, ch. 92, Sec. 3, 64 Stat. 45.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The civil service laws, referred to in text, are set forth in
    Title 5, Government Organization and Employees. See, particularly,
    section 3301 et seq. of Title 5.
      The classification laws, referred to in text, are classified
    generally to chapter 51 (Sec. 5101 et seq.) and subchapter III
    (Sec. 5331 et seq.) of chapter 53 of Title 5.

-End-



-CITE-
    25 USC Sec. 634                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION

-HEAD-
    Sec. 634. Loans to Tribes or individual members; loan fund

-STATUTE-
      The Secretary of the Interior is authorized, under such
    regulations as he may prescribe, to make loans from the loan fund
    authorized by section 631 of this title to the Navajo Tribe, or any
    member or association of members thereof, or to the Hopi Tribe, or
    any member of association of members thereof, for such productive
    purposes as, in his judgment, will tend to promote the better
    utilization of the manpower and resources of the Navajo or Hopi
    Indians. Sums collected in repayment of such loans and sums
    collected as interest or other charges thereon shall be credited to
    the loan fund, and shall be available for the purpose for which the
    fund was established.

-SOURCE-
    (Apr. 19, 1950, ch. 92, Sec. 4, 64 Stat. 45.)


-MISC1-
                        INDIAN REVOLVING LOAN FUND                    
      Certain funds to be administered as a single Indian Revolving
    Loan Fund after Apr. 12, 1974, see section 1461 of this title.

-End-



-CITE-
    25 USC Sec. 635                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION

-HEAD-
    Sec. 635. Disposition of lands

-STATUTE-
    (a) Lease of restricted lands; renewals
      Any restricted Indian lands owned by the Navajo Tribe, members
    thereof, or associations of such members, or by the Hopi Tribe,
    members thereof, or associations of such members, may be leased by
    the Indian owners, with the approval of the Secretary of the
    Interior, for public, religious, educational, recreational, or
    business purposes, including the development or utilization of
    natural resources in connection with operations under such leases.
    All leases so granted shall be for a term of not to exceed twenty-
    five years, but may include provisions authorizing their renewal
    for an additional term of not to exceed twenty-five years, and
    shall be made under such regulations as may be prescribed by the
    Secretary. Restricted allotments of deceased Indians may be leased
    under this section, for the benefit of their heirs or devisees, in
    the circumstances and by the persons prescribed in section 380 of
    this title. Nothing contained in this section shall be construed to
    repeal or affect any authority to lease restricted Indian lands
    conferred by or pursuant to any other provision of law.
    (b) Lease, sale, or other disposition of lands owned in fee simple
      by Navajo Tribe
      Notwithstanding any other provision of law, land owned in fee
    simple by the Navajo Tribe may be leased, sold, or otherwise
    disposed of by the sole authority of the Navajo Tribal Council, in
    any manner that similar land in the State in which such land is
    situated may be leased, sold, or otherwise disposed of by private
    landowners, and such disposition shall create no liability on the
    part of the United States.
    (c) Transfer of unallotted lands to tribally owned or municipal
      corporations
      The Secretary of the Interior is authorized to transfer, upon
    request of the Navajo Tribal Council, to any corporation owned by
    the tribe and organized pursuant to State law, or to any municipal
    corporation organized under State law, legal title to or a
    leasehold interest in any unallotted lands held for the Navajo
    Indian Tribe, and thereafter the United States shall have no
    responsibility or liability for, but on request of the tribe shall
    render advice and assistance in, the management, use, or
    disposition of such lands.

-SOURCE-
    (Apr. 19, 1950, ch. 92, Sec. 5, 64 Stat. 46; Pub. L. 86-505, Sec.
    1, June 11, 1960, 74 Stat. 199.)


-MISC1-
                                AMENDMENTS                            
      1960 - Pub. L. 86-505 designated existing provisions as subsec.
    (a) and added subsecs. (b) and (c).

-End-



-CITE-
    25 USC Sec. 636                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION

-HEAD-
    Sec. 636. Adoption of constitution by Navajo Tribe; method;
      contents

-STATUTE-
      In order to facilitate the fullest possible participation by the
    Navajo Tribe in the program authorized by this subchapter, the
    members of the tribe shall have the right to adopt a tribal
    constitution in the manner herein prescribed. Such constitution may
    provide for the exercise by the Navajo Tribe of any powers vested
    in the tribe or any organ thereof by existing law, together with
    such additional powers as the members of the tribe may, with the
    approval of the Secretary of the Interior, deem proper to include
    therein. Such constitution shall be formulated by the Navajo Tribal
    Council at any regular meeting, distributed in printed form to the
    Navajo people for consideration, and adopted by secret ballot of
    the adult members of the Navajo Tribe in an election held under
    such regulations as the Secretary may prescribe, at which a
    majority of the qualified votes cast favor such adoption. The
    constitution shall authorize the fullest possible participation of
    the Navajos in the administration of their affairs as approved by
    the Secretary of the Interior and shall become effective when
    approved by the Secretary. The constitution may be amended from
    time to time in the same manner as herein provided for its
    adoption, and the Secretary of the Interior shall approve any
    amendment which in the opinion of the Secretary of the Interior
    advances the development of the Navajo people toward the fullest
    realization and exercise of the rights, privileges, duties, and
    responsibilities of American citizenship.

-SOURCE-
    (Apr. 19, 1950. ch. 92, Sec. 6, 64 Stat. 46.)

-End-



-CITE-
    25 USC Sec. 637                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION

-HEAD-
    Sec. 637. Use of Navajo tribal funds

-STATUTE-
      Notwithstanding any other provision of existing law, the tribal
    funds now on deposit or hereafter placed to the credit of the
    Navajo Tribe of Indians in the United States Treasury shall be
    available for such purposes as may be designated by the Navajo
    Tribal Council and approved by the Secretary of the Interior.

-SOURCE-
    (Apr. 19, 1950, ch. 92, Sec. 7, 64 Stat. 46.)

-End-



-CITE-
    25 USC Sec. 638                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION

-HEAD-
    Sec. 638. Participation by Tribal Councils; recommendations

-STATUTE-
      The Tribal Councils of the Navajo and Hopi Tribes and the Indian
    communities affected shall be kept informed and afforded
    opportunity to consider from their inception plans pertaining to
    the program authorized by this subchapter. In the administration of
    the program, the Secretary of the Interior shall consider the
    recommendations of the tribal councils and shall follow such
    recommendations whenever he deems them feasible and consistent with
    the objectives of this subchapter.

-SOURCE-
    (Apr. 19, 1950, ch. 92, Sec. 8, 64 Stat. 46.)

-End-



-CITE-
    25 USC Sec. 639                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION

-HEAD-
    Sec. 639. Repealed.

-MISC1-
    Sec. 639. Repealed. Pub. L. 104-193, title I, Sec. 110(u), Aug. 22,
      1996, 110 Stat. 2175.
      Section, acts Apr. 19, 1950, ch. 92, Sec. 9, 64 Stat. 47; Oct.
    30, 1972, Pub. L. 92-603, title III, Sec. 303(c), 86 Stat. 1484;
    Dec. 31, 1973, Pub. L. 93-233, Sec. 19(a), 87 Stat. 974, related to
    additional Social Security contributions to States for State
    expenditures for aid to dependent children to Navajo and Hopi
    Indians.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective July 1, 1997, with transition rules relating to
    State options to accelerate such date, rules relating to claims,
    actions, and proceedings commenced before such date, rules relating
    to closing out of accounts for terminated or substantially modified
    programs and continuance in office of Assistant Secretary for
    Family Support, and provisions relating to termination of
    entitlement under AFDC program, see section 116 of Pub. L. 104-193,
    as amended, set out as an Effective Date note under section 601 of
    Title 42, The Public Health and Welfare.

-End-



-CITE-
    25 USC Sec. 640                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION

-HEAD-
    Sec. 640. Repealed.

-MISC1-
    Sec. 640. Repealed. Pub. L. 93-531, Sec. 26, Dec. 22, 1974, 88
      Stat. 1723.
      Section, act Apr. 19, 1950, ch. 92, Sec. 10, 64 Stat. 47,
    established Joint Committee on Navajo-Hopi Indian Administration,
    with function of making a continuous study of programs for
    administration and rehabilitation of Navajo and Hopi Indians.

                         EFFECTIVE DATE OF REPEAL                     
      Section 26 of Pub. L. 93-531 provided that the repeal is
    effective as of the close of business December 31, 1974.

-End-



-CITE-
    25 USC Sec. 640a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION

-HEAD-
    Sec. 640a. Navajo Community College; purpose

-STATUTE-
      It is the purpose of sections 640a to 640c-3 of this title to
    assist the Navajo Tribe of Indians in providing education to the
    members of the tribe and other qualified applicants through a
    community college, established by that tribe, known as the Navajo
    Community College.

-SOURCE-
    (Pub. L. 92-189, Sec. 2, Dec. 15, 1971, 85 Stat. 646.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Apr. 19, 1950, ch. 92, 64
    Stat. 44, which comprises this subchapter.


-MISC1-
                       SHORT TITLE OF 1978 AMENDMENT                   
      Pub. L. 95-471, title II, Sec. 201, Oct. 17, 1978, 92 Stat. 1329,
    provided that: "This title [enacting section 640c-1 of this title,
    amending section 640c of this title and enacting provisions set out
    as notes under this section and section 640c-1 of this title] may
    be cited as the 'Navajo Community College Assistance Act of 1978'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 92-189 provided: "That this Act [sections
    640a to 640c-3 of this title] may be cited as the 'Navajo Community
    College Act'."

                   EXPANSION OF NAVAJO COMMUNITY COLLEGE               
      Pub. L. 95-471, title II, Sec. 202, Oct. 17, 1978, 92 Stat. 1329,
    provided that: "The Congress after careful study and deliberation,
    finds that - 
        "(1) the Navajo Tribe constitutes the largest American Indian
      tribe in the United States;
        "(2) the Navajo Tribe has, through its duly constituted tribal
      council and representatives, established a community college
      within the boundaries of the reservation;
        "(3) the population of the Navajo Tribe and the best area of
      the Navajo reservation requires that the Navajo Community College
      expand to better serve the needs of such population; and
        "(4) the Congress has already recognized the need for this
      institution by the passage of the Navajo Community College Act
      [sections 640a to 640c-3 of this title]."

-End-



-CITE-
    25 USC Sec. 640b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION

-HEAD-
    Sec. 640b. Grants

-STATUTE-
      The Secretary of (!1) Interior is authorized to make grants to
    the Navajo Tribe of Indians to assist the tribe in the
    construction, maintenance, and operation of the Navajo Community
    College. Such college shall be designed and operated by the Navajo
    Tribe to insure that the Navajo Indians and other qualified
    applicants have educational opportunities which are suited to their
    unique needs and interests.


-SOURCE-
    (Pub. L. 92-189, Sec. 3, Dec. 15, 1971, 85 Stat. 646.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Apr. 19, 1950, ch. 92, 64
    Stat. 44, which comprises this subchapter.

-FOOTNOTE-
    (!1) So in original. Probably should be "of the".


-End-



-CITE-
    25 USC Sec. 640c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION

-HEAD-
    Sec. 640c. Study of facilities needs

-STATUTE-
    (a) Contents; report to Congress
      The Secretary shall conduct a detailed survey and study of the
    academic facilities needs of the Navajo Community College, and
    shall report to the Congress not later than August 1, 1979, the
    results of such survey and study. Such report shall include any
    recommendations or views submitted by the governing body of such
    College and by the governing body of the Navajo tribe, and shall
    include detailed recommendations by the Secretary as to the number,
    type, and cost of academic facilities which are required, ranking
    each such required facility by relative need.
    (b) Funding
      Funds to carry out the purposes of this section may be drawn from
    general administrative appropriations to the Secretary made after
    October 17, 1978.
    (c) Inventory
      No later than March 1991, an inventory prepared by the Navajo
    Community College identifying repairs, alterations, and renovations
    to facilities required to meet health and safety standards shall be
    submitted to the Secretary and appropriate committees of Congress.
    Within 60 days following the receipt of such inventory, the
    Secretary shall review the inventory, evaluating the needs
    identified, and transmit the written comments of the Department of
    the Interior to the appropriate committees of Congress, together
    with the Department's evaluation prepared by the health and safety
    division of the Bureau of Indian Affairs.

-SOURCE-
    (Pub. L. 92-189, Sec. 4, Dec. 15, 1971, 85 Stat. 646; Pub. L. 95-
    471, title II, Sec. 203(a), Oct. 17, 1978, 92 Stat. 1330; Pub. L.
    101-477, Sec. 2(b), Oct. 30, 1990, 104 Stat. 1153.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Apr. 19, 1950, ch. 92, 64
    Stat. 44, which comprises this subchapter.


-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (c). Pub. L. 101-477 added subsec. (c).
      1978 - Pub. L. 95-471 substituted provisions relating to a
    detailed survey, study, and report and funding for this section for
    provisions authorizing appropriations for grants under sections
    640a to 640c of this title.

-CROSS-
                                DEFINITIONS                            
      The definitions in section 1801 of this title apply to this
    section.

-End-



-CITE-
    25 USC Sec. 640c-1                                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION

-HEAD-
    Sec. 640c-1. Authorization of appropriations

-STATUTE-
    (a) Construction grants
      (1) For the purpose of making construction grants under sections
    640a to 640c-3 of this title, there are authorized to be
    appropriated $2,000,000 for fiscal year 1999 and such sums as may
    be necessary for each of the 4 succeeding fiscal years.
      (2) Sums appropriated pursuant to this subsection for
    construction shall, unless otherwise provided in appropriations
    Acts, remain available until expended.
    (b) Navajo Community College grants
      (1) There are authorized to be appropriated for grants to the
    Navajo Community College, for each fiscal year, an amount necessary
    to pay expenses incurred for - 
        (A) the maintenance and operation of the college, including - 
          (i) basic, special, developmental, vocational, technical, and
        special handicapped education costs,
          (ii) annual capital expenditures, including equipment needs,
        minor capital improvements and remodeling projects, physical
        plant maintenance and operation costs, and exceptions and
        supplemental need account, and
          (iii) summer and special interest programs,

        (B) major capital improvements, including internal capital
      outlay funds and capital improvement projects,
        (C) mandatory payments, including payments due on bonds, loans,
      notes, or lease purchases, and
        (D) supplemental student services, including student housing,
      food service, and the provision of access to books and services.

      (2) The Secretary shall make payments, pursuant to grants under
    this subsection, in advance installments of not less than 40 per
    centum of the funds available for allotment, based on anticipated
    or actual numbers of full-time equivalent Indian students or such
    other factors as determined by the Secretary. Adjustments for
    overpayments and underpayments shall be applied to the remainder of
    such funds and such remainder shall be delivered no later than July
    1 of each year.
    (c) Funding requirements
      The Secretary of the Interior is authorized and directed to
    establish by rule procedures to insure that all funds appropriated
    under sections 640a to 640c-3 of this title are properly identified
    for grants to the Navajo Community College and that such funds are
    not commingled with appropriations historically expended by the
    Bureau of Indian Affairs for programs and projects normally
    provided on the Navajo Reservation for Navajo beneficiaries.

-SOURCE-
    (Pub. L. 92-189, Sec. 5, as added Pub. L. 95-471, title II, Sec.
    203(a), Oct. 17, 1978, 92 Stat. 1330; amended Pub. L. 96-374, title
    XIII, Sec. 1351(a), (b), Oct. 3, 1980, 94 Stat. 1501; Pub. L. 98-
    192, Sec. 14, Dec. 1, 1983, 97 Stat. 1343; Pub. L. 99-428, Sec. 7,
    Sept. 30, 1986, 100 Stat. 983; Pub. L. 100-297, title V, Sec. 5401,
    Apr. 28, 1988, 102 Stat. 414; Pub. L. 101-477, Sec. 2(a), Oct. 30,
    1990, 104 Stat. 1153; Pub. L. 102-325, title XIII, Sec. 1301(d),
    July 23, 1992, 106 Stat. 797; Pub. L. 105-244, title IX, Sec. 902,
    Oct. 7, 1998, 112 Stat. 1829.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Apr. 19, 1950, ch. 92, 64
    Stat. 44, which comprises this subchapter.


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (a)(1). Pub. L. 105-244 substituted "1999" for
    "1993".
      1992 - Subsec. (a)(1). Pub. L. 102-325 amended par. (1)
    generally. Prior to amendment, par. (1) read as follows: "For the
    purpose of making construction grants under sections 640a to 640c-3
    of this title, there are hereby authorized to be appropriated such
    sums as may be necessary for each of the fiscal years 1990, 1991,
    and 1992."
      1990 - Subsec. (a)(1). Pub. L. 101-477 substituted "1990, 1991,
    and 1992" for "1987, 1988, 1989, and 1990".
      1988 - Subsec. (b)(1). Pub. L. 100-297 amended par. (1)
    generally. Prior to amendment, par. (1) read as follows: "There is
    further authorized to be appropriated for grants to the Navajo
    Community College, for each fiscal year beginning on or after
    October 1, 1979, an amount equal to the amount necessary for
    operation and maintenance of the college, including, but not
    limited to, administrative, academic, and operations and
    maintenance costs."
      1986 - Subsec. (a)(1). Pub. L. 99-428, Sec. 7(1), substituted
    "each of the fiscal years 1987, 1988, 1989, and 1990" for "the
    fiscal year beginning October 1, 1984, and for the three succeeding
    fiscal years".
      Subsec. (b)(1). Pub. L. 99-428, Sec. 7(2), substituted "for each
    fiscal year" for "for any fiscal year".
      1983 - Subsec. (a)(1). Pub. L. 98-192 substituted "October 1,
    1984" for "October 1, 1979".
      1980 - Subsec. (a)(1). Pub. L. 96-374, Sec. 1351(a), substituted
    "three succeeding fiscal years" for "two succeeding fiscal years".
      Subsec. (b)(1). Pub. L. 96-374, Sec. 1351(b), added par. (1).
    Former par. (1), which authorized an appropriation for the Navajo
    Community College of $4,000 for each full-time equivalent student
    which the Secretary estimated would be in attendance during the
    year, was struck out.
      Subsec. (b)(2), (3). Pub. L. 96-374, Sec. 1351(b), redesignated
    par. (3) as (2). Former par. (2), which placed an upper limit on
    grants under this subsection, was struck out.

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
    otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-
    244, set out as a note under section 1001 of Title 20, Education.

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section
    2 of Pub. L. 102-325, set out as a note under section 1001 of Title
    20, Education.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 100-
    297, see section 6303 of Pub. L. 100-297, set out as a note under
    section 1071 of Title 20, Education.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-374 effective Oct. 1, 1980, see section
    1393(a) of Pub. L. 96-374, set out as a note under section 1001 of
    Title 20, Education.

                   FISCAL YEAR BEGINNING OCTOBER 1, 1978               
      Section 203(b) of Pub. L. 95-471 provided that nothing in title
    II of Pub. L. 95-471, the Navajo Community College Assistance Act
    of 1978, shall be deemed to authorize appropriations for the fiscal
    year beginning Oct. 1, 1978.

-CROSS-
                                DEFINITIONS                            
      The definitions in section 1801 of this title apply to this
    section.

-End-



-CITE-
    25 USC Sec. 640c-2                                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION

-HEAD-
    Sec. 640c-2. Effect on other laws

-STATUTE-
      (a) Except as specifically provided by law, eligibility for
    assistance under sections 640a to 640c-3 of this title shall not,
    by itself, preclude the eligibility of the Navajo Community College
    to receive Federal financial assistance under any program
    authorized under the Higher Education Act of 1965 [20 U.S.C. 1001
    et seq.] or any other applicable program for the benefit of
    institutions of higher education, community colleges, or
    postsecondary educational institutions.
      (b) Notwithstanding any other provision of law, funds provided
    under sections 640a to 640c-3 of this title to the Navajo Community
    College may be treated as non-Federal, private funds of the College
    for purposes of any provision of Federal law which requires that
    non-Federal or private funds of the college be used in a project or
    for a specific purpose.

-SOURCE-
    (Pub. L. 92-189, Sec. 6, as added Pub. L. 96-374, title XIII, Sec.
    1351(c), Oct. 3, 1980, 94 Stat. 1501; amended Pub. L. 100-297,
    title V, Sec. 5403(b), Apr. 28, 1988, 102 Stat. 416.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Higher Education Act of 1965, referred to in subsec. (a), is
    Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended, which is
    classified principally to chapter 28 (Sec. 1001 et seq.) of Title
    20, Education. For complete classification of this Act to the Code,
    see Short Title note set out under section 1001 of Title 20 and
    Tables.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Apr. 19, 1950, ch. 92, 64
    Stat. 44, which comprises this subchapter.


-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-297 designated existing provisions as subsec.
    (a) and added subsec. (b).

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 100-
    297, see section 6303 of Pub. L. 100-297, set out as a note under
    section 1071 of Title 20, Education.

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1980, see section 1393(a) of Pub. L. 96-
    374, set out as an Effective Date of 1980 Amendment note under
    section 1001 of Title 20, Education.

-End-



-CITE-
    25 USC Sec. 640c-3                                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION

-HEAD-
    Sec. 640c-3. Payments; interest

-STATUTE-
      (a) Notwithstanding any other provision of law, the Secretary of
    the Interior shall not, in disbursing funds provided under sections
    640a to 640c-3 of this title, use any method of payment which was
    not used during fiscal year 1987 in the disbursement of funds
    provided under sections 640a to 640c-3 of this title.
      (b)(1)(A) Notwithstanding any provision of law other than
    subparagraph (B), any interest or investment income that accrues on
    any funds provided under sections 640a to 640c-3 of this title
    after such funds are paid to the Navajo Community College and
    before such funds are expended for the purpose for which such funds
    were provided under sections 640a to 640c-3 of this title shall be
    the property of the Navajo Community College and shall not be taken
    into account by any officer or employee of the Federal Government
    in determining whether to provide assistance, or the amount of
    assistance, to the Navajo Community College under any provision of
    Federal law.
      (B) All interest or investment income described in subparagraph
    (A) shall be expended by the Navajo Community College by no later
    than the close of the fiscal year succeeding the fiscal year in
    which such interest or investment income accrues.
      (2) Funds provided under sections 640a to 640c-3 of this title
    may only be invested by the Navajo Community College in obligations
    of the United States or in obligations or securities that are
    guaranteed or insured by the United States.

-SOURCE-
    (Pub. L. 92-189, Sec. 7, as added Pub. L. 100-297, title V, Sec.
    5402(b), Apr. 28, 1988, 102 Stat. 415.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Apr. 19, 1950, ch. 92, 64
    Stat. 44, which comprises this subchapter.


-MISC1-
                              EFFECTIVE DATE                          
      For effective date and applicability of section, see section 6303
    of Pub. L. 100-297, set out as an Effective Date of 1988 Amendment
    note under section 1071 of Title 20, Education.

-End-


-CITE-
    25 USC SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES:
           SETTLEMENT OF RIGHTS AND INTERESTS              01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
                                 INTERESTS

-End-



-CITE-
    25 USC Sec. 640d                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d. Mediator

-STATUTE-
    (a) Appointment; duties; qualifications; termination of duties
      Within thirty days after December 22, 1974, the Director of the
    Federal Mediation and Conciliation Service shall appoint a Mediator
    (hereinafter referred to as the "Mediator") who shall assist in the
    negotiations for the settlement and partition of the relative
    rights and interests, as determined by the decision in the case of
    Healing v. Jones (210 F. Supp. 125, D. Ariz., 1962, aff'd 363 U.S.
    758, 1963) (hereinafter referred to as the "Healing case"), of the
    Hopi and Navajo Tribes (hereinafter referred to as the "tribes") to
    and in lands within the reservation established by the Executive
    order of December 16, 1882, except land management district no. 6
    (such lands hereinafter referred to as the "joint use area"). The
    Mediator shall not have any interest, direct or indirect, in the
    settlement of the interests and rights set out in this subsection.
    The duties of the Mediator shall cease upon the entering of a full
    agreement into the records of the supplemental proceedings pursuant
    to section 640d-2 of this title or the submission of a report to
    the District Court after a default in negotiations or a partial
    agreement pursuant to section 640d-3 of this title.
    (b) Nature of proceedings
      The proceedings in which the Mediator shall be acting under the
    provisions of this subchapter shall be the supplemental proceedings
    in the Healing case now pending in the United States District Court
    for the District of Arizona (hereinafter referred to as "the
    District Court").
    (c) Interagency committee
      (1) The Mediator is authorized to request from any department,
    agency, or independent instrumentality of the Federal Government
    any information, personnel, service, or materials he deems
    necessary to carry out his responsibilities under the provisions of
    this subchapter. Each such department, agency, or instrumentality
    is authorized to cooperate with the Mediator and to comply with
    such requests to the extent permitted by law, on a reimbursable or
    nonreimbursable basis.
      (2) To facilitate the expeditious and orderly compilation and
    development of factual information relevant to the negotiating
    process, the President shall, within fifteen days of December 22,
    1974, establish an interagency committee chaired by the Secretary
    of the Interior (hereinafter referred to as the "Secretary") to
    develop relevant information and to respond to the requests of the
    Mediator.
    (d) Liaison with Secretary
      The Secretary shall appoint a full-time representative as his
    liaison with the Mediator to facilitate the provision of
    information and assistance requested by the Mediator from the
    Department of the Interior.
    (e) Staff assistants and consultants
      The Mediator may retain the services of such staff assistants and
    consultants as he shall deem necessary, subject to the approval of
    the Director of the Federal Mediation and Conciliation Service.

-SOURCE-
    (Pub. L. 93-531, Sec. 1, Dec. 22, 1974, 88 Stat. 1712.)


-MISC1-
                       SHORT TITLE OF 1991 AMENDMENT                   
      Pub. L. 102-180, Sec. 1, Dec. 2, 1991, 105 Stat. 1230, provided
    that: "This Act [amending sections 640d-11 and 640d-24 of this
    title and section 5315 of Title 5, Government Organization and
    Employees, and enacting provisions set out as notes under section
    640d-11 of this title] may be cited as the 'Navajo-Hopi Relocation
    Housing Program Reauthorization Act of 1991'."

                       SHORT TITLE OF 1988 AMENDMENT                   
      Pub. L. 100-666, Sec. 1, Nov. 16, 1988, 102 Stat. 3929, provided
    that: "This Act [enacting sections 640d-29 and 640d-30 of this
    title, amending sections 640d-7, 640d-9 to 640d-14, 640d-22, 640d-
    24, 640d-25, and 640d-28 of this title, and enacting provisions
    set out as a note under section 640d-11 of this title] may be cited
    as the 'Navajo and Hopi Indian Relocation Amendments of 1988'."

                       SHORT TITLE OF 1980 AMENDMENT                   
      Pub. L. 96-305, Sec. 1, July 8, 1980, 94 Stat. 929, provided:
    "That this Act [enacting sections 640d-25 to 640d-28 of this title
    and amending sections 640d-4, 640d-7, 640d-9 to 640d-12, 640d-14,
    640d-18, 640d-22, and 640d-24 of this title] may be cited as the
    'Navajo and Hopi Indian Relocation Amendments Act of 1980'."

              NAVAJO-HOPI LAND DISPUTE SETTLEMENT ACT OF 1996          
      Pub. L. 104-301, Oct. 11, 1996, 110 Stat. 3649, as amended by
    Pub. L. 105-256, Sec. 3, Oct. 14, 1998, 112 Stat. 1897, provided
    that:

      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'Navajo-Hopi Land Dispute
    Settlement Act of 1996'.

      "SEC. 2. FINDINGS.
      "The Congress finds that - 
        "(1) it is in the public interest for the Tribe, Navajos
      residing on the Hopi Partitioned Lands, and the United States to
      reach a peaceful resolution of the longstanding disagreements
      between the parties under the Act commonly known as the 'Navajo-
      Hopi Land Settlement Act of 1974' (Public Law 93-531; 25 U.S.C.
      640d et seq.);
        "(2) it is in the best interest of the Tribe and the United
      States that there be a fair and final settlement of certain
      issues remaining in connection with the Navajo-Hopi Land
      Settlement Act of 1974, including the full and final settlement
      of the multiple claims that the Tribe has against the United
      States;
        "(3) this Act, together with the Settlement Agreement executed
      on December 14, 1995, and the Accommodation Agreement (as
      incorporated by the Settlement Agreement), provide the authority
      for the Tribe to enter agreements with eligible Navajo families
      in order for those families to remain residents of the Hopi
      Partitioned Lands for a period of 75 years, subject to the terms
      and conditions of the Accommodation Agreement;
        "(4) the United States acknowledges and respects - 
          "(A) the sincerity of the traditional beliefs of the members
        of the Tribe and the Navajo families residing on the Hopi
        Partitioned Lands; and
          "(B) the importance that the respective traditional beliefs
        of the members of the Tribe and Navajo families have with
        respect to the culture and way of life of those members and
        families;
        "(5) this Act, the Settlement Agreement, and the Accommodation
      Agreement provide for the mutual respect and protection of the
      traditional religious beliefs and practices of the Tribe and the
      Navajo families residing on the Hopi Partitioned Lands;
        "(6) the Tribe is encouraged to work with the Navajo families
      residing on the Hopi Partitioned Lands to address their concerns
      regarding the establishment of family or individual burial plots
      for deceased family members who have resided on the Hopi
      Partitioned Lands; and
        "(7) neither the Navajo Nation nor the Navajo families residing
      upon Hopi Partitioned Lands were parties to or signers of the
      Settlement Agreement between the United States and the Hopi
      Tribe.

      "SEC. 3. DEFINITIONS.
      "Except as otherwise provided in this Act, for purposes of this
    Act, the following definitions shall apply:
        "(1) Accommodation. - The term 'Accommodation' has the meaning
      provided that term under the Settlement Agreement.
        "(2) Hopi partitioned lands. - The term 'Hopi Partitioned
      Lands' means lands located in the Hopi Partitioned Area, as
      defined in section 168.1(g) of title 25, Code of Federal
      Regulations (as in effect on the date of enactment of this Act
      [Oct. 11, 1996]).
        "(3) Navajo partitioned lands. - The term 'Navajo Partitioned
      Lands' has the meaning provided that term in the proposed
      regulations issued on November 1, 1995, at 60 Fed. Reg. 55506.
        "(4) New lands. - The term 'New Lands' has the meaning provided
      that term in section 700.701(b) of title 25, Code of Federal
      Regulations.
        "(5) Secretary. - The term 'Secretary' means the Secretary of
      the Interior.
        "(6) Settlement agreement. - The term 'Settlement Agreement'
      means the agreement between the United States and the Hopi Tribe
      executed on December 14, 1995.
        "(7) Tribe. - The term 'Tribe' means the Hopi Tribe.
        "(8) Newly acquired trust lands. - The term 'newly acquired
      trust lands' means lands taken into trust for the Tribe within
      the State of Arizona pursuant to this Act or the Settlement
      Agreement.

      "SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT.
      "The United States approves, ratifies, and confirms the
    Settlement Agreement.

      "SEC. 5. CONDITIONS FOR LANDS TAKEN INTO TRUST.
      "The Secretary shall take such action as may be necessary to
    ensure that the following conditions are met prior to taking lands
    into trust for the benefit of the Tribe pursuant to the Settlement
    Agreement:
        "(1) Selection of lands taken into trust. - 
          "(A) Primary area. - In accordance with section 7(a) of the
        Settlement Agreement, the primary area within which lands
        acquired by the Tribe may be taken into trust by the Secretary
        for the benefit of the Tribe under the Settlement Agreement
        shall be located in northern Arizona.
          "(B) Requirements for lands taken into trust in the primary
        area. - Lands taken into trust in the primary area referred to
        in subparagraph (A) shall be - 
            "(i) land that is used substantially for ranching,
          agriculture, or another similar use; and
            "(ii) to the extent feasible, in contiguous parcels.
        "(2) Acquisition of lands. - Before taking any land into trust
      for the benefit of the Tribe under this section, the Secretary
      shall ensure that - 
          "(A) at least 85 percent of the eligible Navajo heads of
        household (as determined under the Settlement Agreement) have
        entered into an accommodation or have chosen to relocate and
        are eligible for relocation assistance (as determined under the
        Settlement Agreement); and
          "(B) the Tribe has consulted with the State of Arizona
        concerning the lands proposed to be placed in trust, including
        consulting with the State concerning the impact of placing
        those lands into trust on the State and political subdivisions
        thereof resulting from the removal of land from the tax rolls
        in a manner consistent with the provisions of part 151 of title
        25, Code of Federal Regulations.
        "(3) Prohibition. - The Secretary may not, pursuant to the
      provisions of this Act and the Settlement Agreement, place lands,
      any portion of which are located within or contiguous to a 5-mile
      radius of an incorporated town or city (as those terms are
      defined by the Secretary) in northern Arizona, into trust for
      benefit of the Tribe without specific statutory authority.
        "(4) Expeditious action by the secretary. - Consistent with all
      other provisions of this Act, the Secretary is directed to take
      lands into trust under this Act expeditiously and without undue
      delay.

      "SEC. 6. ACQUISITION THROUGH CONDEMNATION OF CERTAIN INTERSPERSED
        LANDS.
      "(a) In General. - 
        "(1) Action by the secretary. - 
          "(A) In general. - The Secretary shall take action as
        specified in subparagraph (B), to the extent that the Tribe, in
        accordance with section 7(b) of the Settlement Agreement - 
            "(i) acquires private lands; and
            "(ii) requests the Secretary to acquire through
          condemnation interspersed lands that are owned by the State
          of Arizona and are located within the exterior boundaries of
          those private lands in order to have both the private lands
          and the State lands taken into trust by the Secretary for the
          benefit of the Tribe.
          "(B) Acquisition through condemnation. - With respect to a
        request for an acquisition of lands through condemnation made
        under subparagraph (A), the Secretary shall, upon the
        recommendation of the Tribe, take such action as may be
        necessary to acquire the lands through condemnation and, with
        funds provided by the Tribe, pay the State of Arizona fair
        market value for those lands in accordance with applicable
        Federal law, if the conditions described in paragraph (2) are
        met.
        "(2) Conditions for acquisition through condemnation. - The
      Secretary may acquire lands through condemnation under this
      subsection if - 
          "(A) that acquisition is consistent with the purpose of
        obtaining not more than 500,000 acres of land to be taken into
        trust for the Tribe;
          "(B) the State of Arizona concurs with the United States that
        the acquisition is consistent with the interests of the State;
        and
          "(C) the Tribe pays for the land acquired through
        condemnation under this subsection.
      "(b) Disposition of Lands. - If the Secretary acquires lands
    through condemnation under subsection (a), the Secretary shall take
    those lands into trust for the Tribe in accordance with this Act
    and the Settlement Agreement.
      "(c) Private Lands. - The Secretary may not acquire private lands
    through condemnation for the purpose specified in subsection
    (a)(2)(A).

      "SEC. 7. ACTION TO QUIET POSSESSION.
      "If the United States fails to discharge the obligations
    specified in section 9(c) of the Settlement Agreement with respect
    to voluntary relocation of Navajos residing on Hopi Partitioned
    Lands, or section 9(d) of the Settlement Agreement, relating to the
    implementation of sections 700.137 through 700.139 of title 25,
    Code of Federal Regulations, on the New Lands, including failure
    for reason of insufficient funds made available by appropriations
    or otherwise, the Tribe may bring an action to quiet possession
    that relates to the use of the Hopi Partitioned Lands after
    February 1, 2000, by a Navajo family that is eligible for an
    accommodation, but fails to enter into an accommodation.

      "SEC. 8. PAYMENT TO STATE OF ARIZONA.
      "(a) Authorization of Appropriations. - Subject to subsection
    (b), there are authorized to be appropriated to the Department of
    the Interior $250,000 for fiscal year 1998, to be used by the
    Secretary of the Interior for making a payment to the State of
    Arizona.
      "(b) Payment. - The Secretary shall make a payment in the amount
    specified in subsection (a) to the State of Arizona after an
    initial acquisition of land from the State has been made by the
    Secretary pursuant to section 6.

      "SEC. 9. 75-YEAR LEASING AUTHORITY.
      "[Amended section 415 of this title.]

      "SEC. 10. REAUTHORIZATION OF THE NAVAJO-HOPI RELOCATION HOUSING
        PROGRAM.
      "[Amended section 640d-24 of this title.]

      "SEC. 11. EFFECT OF THIS ACT ON CASES INVOLVING THE NAVAJO NATION
        AND THE HOPI TRIBE.
      "Nothing in this Act or the amendments made by this Act shall be
    interpreted or deemed to preclude, limit, or endorse, in any
    manner, actions by the Navajo Nation that seek, in court, an offset
    from judgments for payments received by the Hopi Tribe under the
    Settlement Agreement.

      "SEC. 12. WATER RIGHTS.
      "(a) In General. - 
        "(1) Water rights. - Subject to the other provisions of this
      section, newly acquired trust lands shall have only the following
      water rights:
          "(A) The right to the reasonable use of groundwater pumped
        from such lands.
          "(B) All rights to the use of surface water on such lands
        existing under State law on the date of acquisition, with the
        priority date of such right under State law.
          "(C) The right to make any further beneficial use on such
        lands of surface water which is unappropriated on the date each
        parcel of newly acquired trust lands is taken into trust. The
        priority date for the right shall be the date the lands are
        taken into trust.
        "(2) Rights not subject to forfeiture or abandonment. - The
      Tribe's water rights for newly acquired trust lands shall not be
      subject to forfeiture or abandonment arising from events
      occurring after the date the lands are taken into trust.
      "(b) Recognition as valid uses. - 
        "(1) Groundwater. - With respect to water rights associated
      with newly acquired trust lands, the Tribe, and the United States
      on the Tribe's behalf, shall recognize as valid all uses of
      groundwater which may be made from wells (or their subsequent
      replacements) in existence on the date each parcel of newly
      acquired trust land is acquired and shall not object to such
      groundwater uses on the basis of water rights associated with the
      newly acquired trust lands. The Tribe, and the United States on
      the Tribe's behalf, may object only to the impact of groundwater
      uses on newly acquired trust lands which are initiated after the
      date the lands affected are taken into trust and only on grounds
      allowed by the State law as it exists when the objection is made.
      The Tribe, and the United States on the Tribe's behalf, shall not
      object to the impact of groundwater uses on the Tribe's right to
      surface water established pursuant to subsection (a)(1)(C) when
      those groundwater uses are initiated before the Tribe initiates
      its beneficial use of surface water pursuant to subsection
      (a)(1)(C).
        "(2) Surface water. - With respect to water rights associated
      with newly acquired trust lands, the Tribe, and the United States
      on the Tribe's behalf, shall recognize as valid all uses of
      surface water in existence on or prior to the date each parcel of
      newly acquired trust land is acquired and shall not object to
      such surface water uses on the basis of water rights associated
      with the newly acquired trust lands, but shall have the right to
      enforce the priority of its rights against all junior water
      rights the exercise of which interfere with the actual use of the
      Tribe's senior surface water rights.
        "(3) Rule of construction. - Nothing in paragraph (1) or (2)
      shall preclude the Tribe, or the United States on the Tribe's
      behalf, from asserting objections to water rights and uses on the
      basis of the Tribe's water rights on its currently existing trust
      lands.
      "(c) Applicability of State Law on Lands Other Than Newly
    Acquired Lands. - The Tribe, and the United States on the Tribe's
    behalf, further recognize that State law applies to water uses on
    lands, including subsurface estates, that exist within the exterior
    boundaries of newly acquired trust lands and that are owned by any
    party other than the Tribe.
      "(d) Adjudication of Water Rights on Newly Acquired Trust Lands. -
     The Tribe's water rights on newly acquired trust lands shall be
    adjudicated with the rights of all other competing users in the
    court now presiding over the Little Colorado River Adjudication, or
    if that court no longer has jurisdiction, in the appropriate State
    or Federal court. Any controversies between or among users arising
    under Federal or State law involving the Tribe's water rights on
    newly acquired trust lands shall be resolved in the court now
    presiding over the Little Colorado River Adjudication, or, if that
    court no longer has jurisdiction, in the appropriate State or
    Federal court. Nothing in this subsection shall be construed to
    affect any court's jurisdiction: Provided, That the Tribe shall
    administer all water rights established in subsection (a).
      "(e) Prohibition. - Water rights for newly acquired trust lands
    shall not be used, leased, sold, or transported for use off of such
    lands or the Tribe's other trust lands: Provided, That the Tribe
    may agree with other persons having junior water rights to
    subordinate the Tribe's senior water rights. Water rights for newly
    acquired trust lands can only be used on those lands or other trust
    lands of the Tribe located within the same river basin tributary to
    the main stream of the Colorado River.
      "(f) Subsurface Interests. - On any newly acquired trust lands
    where the subsurface interest is owned by any party other than the
    Tribe, the trust status of the surface ownership shall not impair
    any existing right of the subsurface owner to develop the
    subsurface interest and to have access to the surface for the
    purpose of such development.
      "(g) Statutory Construction with Respect to Water Rights of Other
    Federally Recognized Indian Tribes. - Nothing in this section shall
    affect the water rights of any other federally recognized Indian
    tribe with a priority date earlier than the date the newly acquired
    trust lands are taken into trust.
      "(h) Statutory Construction. - Nothing in this section shall be
    construed to determine the law applicable to water use on lands
    owned by the United States, other than on the newly acquired trust
    lands. The granting of the right to make beneficial use of
    unappropriated surface water on the newly acquired trust lands with
    a priority date such lands are taken into trust shall not be
    construed to imply that such right is a Federal reserved water
    right. Nothing in this section or any other provision of this Act
    shall be construed to establish any Federal reserved right to
    groundwater. Authority for the Secretary to take land into trust
    for the Tribe pursuant to the Settlement Agreement and this Act
    shall be construed as having been provided solely by the provisions
    of this Act."


-EXEC-
                         EXECUTIVE ORDER NO. 11829                     
      Ex. Ord. No. 11829, Jan. 6, 1975, 40 F.R. 1497, as amended by Ex.
    Ord. No. 11853, Apr. 17, 1975, 40 F.R. 17537, which established the
    Hopi-Navajo Land Settlement Interagency Committee and provided for
    its membership, functions, etc., was revoked by Ex. Ord. No. 12379,
    Sec. 11, Aug. 17, 1982, 47 F.R. 36099, set out as a note under
    section 14 of the Federal Advisory Committee Act in the Appendix to
    Title 5, Government Organization and Employees.

-End-



-CITE-
    25 USC Sec. 640d-1                                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d-1. Negotiating teams

-STATUTE-
    (a) Appointment; time; membership and certification; nature of
      authority
      Within thirty days after December 22, 1974, the Secretary shall
    communicate in writing with the tribal councils of the tribes
    directing the appointment of a negotiating team representing each
    tribe. Each negotiating team shall be composed of not more than
    five members to be certified by appropriate resolution of the
    respective tribal council. Each tribal council shall promptly fill
    any vacancies which may occur on its negotiating team.
    Notwithstanding any other provision of law, each negotiating team,
    when appointed and certified, shall have full authority to bind its
    tribe with respect to any other matter concerning the joint use
    area within the scope of this subchapter.
    (b) Failure to select and certify
      In the event either or both of the tribal councils fail to select
    and certify a negotiating team within thirty days after the
    Secretary communicates with the tribal council under subsection (a)
    of this section or to select and certify a replacement member
    within thirty days of the occurrence of a vacancy, the provisions
    of section 640d-3(a) (!1) of this title shall become effective.

    (c) First negotiating session; time and place; chairman;
      suggestions for procedure, agenda, and resolution of issues in
      controversy
      Within fifteen days after formal certification of both
    negotiating teams to the Mediator, the Mediator shall schedule the
    first negotiating session at such time and place as he deems
    appropriate. The negotiating sessions, which shall be chaired by
    the Mediator, shall be held at such times and places as the
    Mediator deems appropriate. At such sessions, the Mediator may, if
    he deems it appropriate, put forward his own suggestions for
    procedure, the agenda, and the resolution of the issues in
    controversy.
    (d) Failure to attend two consecutive sessions or bargain in good
      faith
      In the event either negotiating team fails to attend two
    consecutive sessions or, in the opinion of the Mediator, either
    negotiating team fails to bargain in good faith or an impasse is
    reached, the provisions of section 640d-3(a) (!1) of this title
    shall become effective.
    (e) Disagreements within team
      In the event of a disagreement within a negotiating team the
    majority of the members of the team shall prevail and act on behalf
    of the team unless the resolution of the tribal council certifying
    the team specifically provides otherwise.

-SOURCE-
    (Pub. L. 93-531, Sec. 2, Dec. 22, 1974, 88 Stat. 1712.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 640d-3 of this title, referred to in subsecs. (b) and
    (d), was amended by Pub. L. 98-620, title IV, Sec. 402(27), Nov. 8,
    1984, 98 Stat. 3359, by striking out subsec. (b) and redesignating
    subsec. (a) as the entire section.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    25 USC Sec. 640d-2                                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d-2. Implementation of agreements

-STATUTE-
    (a) Full agreement
      If, within one hundred and eighty days after the first session
    scheduled by the Mediator under section 640d-1(c) of this title,
    full agreement is reached, such agreement shall be put in such form
    as the Mediator determines best expresses the intent of the tribes
    and shall then be submitted to the Secretary and the Attorney
    General of the United States for their comments as they relate to
    the interest of the United States in the proceedings. These
    comments are to be submitted to the Mediator and the negotiating
    teams within thirty days. The negotiating teams and the Mediator
    shall then consider the comments and, if agreement can still be
    reached on terms acceptable to the negotiating teams and the
    Mediator within sixty days of receipt by him of the comments, the
    agreement shall be put in final written form and shall be signed by
    the members of the negotiating teams and the Mediator. The Mediator
    shall then cause the agreement to be entered into the records of
    the supplemental proceedings in the Healing case. The provisions of
    the agreement shall be reviewed by the District Court, modified
    where necessary, and put into effect immediately thereafter.
    (b) Partial agreement
      If, within the one hundred and eighty day period referred to in
    subsection (a) of this section, a partial agreement has been
    reached between the tribes and they wish such partial agreement to
    go into effect, they shall follow the procedure set forth in
    subsection (a) of this section. The partial agreement shall then be
    considered by the Mediator in preparing his report, and the
    District Court in making a final adjudication, pursuant to section
    640d-3 of this title.
    (c) Consistency with existing law
      For the purpose of this section, the negotiating teams may make
    any provision in the agreement or partial agreement not
    inconsistent with existing law. No such agreement or any provision
    in it shall result in a taking by the United States of private
    property compensable under the Fifth Amendment of the Constitution
    of the United States.

-SOURCE-
    (Pub. L. 93-531, Sec. 3, Dec. 22, 1974, 88 Stat. 1713.)

-End-



-CITE-
    25 USC Sec. 640d-3                                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d-3. Default or failure to reach agreement; recommendations
      to District Court; final adjudication

-STATUTE-
      If the negotiating teams fail to reach full agreement within the
    time period allowed in section 640d-2(a) of this title or if one or
    both of the tribes are in default under the provisions of section
    640d-1(b) or (d) of this title, the Mediator, within ninety days
    thereafter, shall prepare and submit to the District Court a report
    containing his recommendations for the settlement of the interests
    and rights set out in section 640d(a) of this title which shall be
    most reasonable and equitable in light of the law and circumstances
    and consistent with the provisions of this subchapter. Following
    the District Court's review of the report and recommendations
    (which are not binding thereon) and any further proceedings which
    the District Court may schedule, the District Court is authorized
    to make a final adjudication, including partition of the joint use
    area, and enter the judgments in the supplemental proceedings in
    the Healing case.

-SOURCE-
    (Pub. L. 93-531, Sec. 4, Dec. 22, 1974, 88 Stat. 1713; Pub. L. 98-
    620, title IV, Sec. 402(27), Nov. 8, 1984, 98 Stat. 3359.)


-MISC1-
                                AMENDMENTS                            
      1984 - Pub. L. 98-620 struck out designation "(a)" before "If the
    negotiating", and struck out subsec. (b) which provided that any
    proceedings as authorized in this section had to be assigned for
    hearing at the earliest possible date, would take precedence over
    all other matters pending on the docket of the District Court at
    that time, and had to be expedited in every way by the Court.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-620 not applicable to cases pending on
    Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an
    Effective Date note under section 1657 of Title 28, Judiciary and
    Judicial Procedure.

-End-



-CITE-
    25 USC Sec. 640d-4                                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d-4. Authorized recommendations for facilitation of
      agreement or report to District Court; discretionary nature of
      recommendations

-STATUTE-
      (a) For the purpose of facilitating an agreement pursuant to
    section 640d-2 of this title or preparing a report pursuant to
    section 640d-3 of this title, the Mediator is authorized - 
        (1) notwithstanding the provisions of section 211 of this
      title, to recommend that, subject to the consent of the
      Secretary, there be purchased or otherwise acquired additional
      lands for the benefit of either tribe from the funds of either
      tribe or funds under any other authority of law;
        (2) to recommend that, subject to the consent of the Secretary,
      there be undertaken a program of restoration of lands lying
      within the joint use area, employing for such purpose funds
      authorized by this subchapter, funds of either tribe, or funds
      under any other authority of law;
        (3) to recommend that, subject to the consent of the Secretary,
      there be undertaken a program for relocation of members of one
      tribe from lands which may be partitioned to the other tribe in
      the joint use area;
        (4) Repealed. Pub. L. 93-531, Sec. 30(a), as added Pub. L. 96-
      305, Sec. 11, July 8, 1980, 94 Stat. 934.
        (5) to make any other recommendations as are in conformity with
      this subchapter and the Healing case to facilitate a settlement.

      (b) The authorizations contained in subsection (a) of this
    section shall be discretionary and shall not be construed to
    represent any directive of the Congress.

-SOURCE-
    (Pub. L. 93-531, Sec. 5, Dec. 22, 1974, 88 Stat. 1714; Pub. L. 93-
    531, Sec. 30(a), as added Pub. L. 96-305, Sec. 11, July 8, 1980,
    94 Stat. 934.)


-MISC1-
                                AMENDMENTS                            
      1980 - Subsec. (a)(4). Pub. L. 96-305 struck out par. (4) which
    authorized the Mediator to recommend, in exceptional cases where
    necessary to prevent hardship, a limited tenure for residential
    use, not exceeding a life estate, and a phased relocation of
    members of one tribe from lands which may be partitioned to the
    other tribe in the joint use area.

-End-



-CITE-
    25 USC Sec. 640d-5                                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d-5. Considerations and guidelines for preparation of
      report by Mediator and final adjudication by District Court

-STATUTE-
      The Mediator in preparing his report, and the District Court in
    making the final adjudication, pursuant to section 640d-3 of this
    title, shall consider and be guided by the decision of the Healing
    case, under which the tribes have joint, undivided, and equal
    interests in and to all of the joint use area; by any partial
    agreement reached by the parties under section 640d-2(b) of this
    title; by the last best offer for a complete settlement as a part
    of the negotiating process by each of the tribes; and by the
    following:
      (a) The rights and interests, as defined in the Healing case, of
    the Hopi Tribe in and to that portion of the reservation
    established by the Executive order of December 16, 1882, which is
    known as land management district no. 6 (hereinafter referred to as
    the "Hopi Reservation") shall not be reduced or limited in any
    manner.
      (b) The boundary lines resulting from any partitioning of lands
    in the joint use area shall be established so as to include the
    higher density population areas of each tribe within the portion of
    the lands partitioned to such tribe to minimize and avoid undue
    social, economic, and cultural disruption insofar as practicable.
      (c) In any division of the surface rights to the joint use area,
    reasonable provision shall be made for the use of and right of
    access to identified religious shrines for the members of each
    tribe on the reservation of the other tribe where such use and
    access are for religious purposes.
      (d) In any partition of the surface rights to the joint use area,
    the lands shall, insofar as is practicable, be equal in acreage and
    quality: Provided, That if such partition results in a lesser
    amount of acreage, or value, or both to one tribe such differential
    shall be fully and finally compensable to such tribe by the other
    tribe. The value of the land for the purposes of this subsection
    shall be based on not less than its value with improvements and its
    grazing capacity fully restored: Provided further, That, in the
    determination of compensation for any such differential, the
    Federal Government shall pay any difference between the value of
    the particular land involved in its existing state and the value of
    such land in a fully restored state which results from damage to
    the land which the District Court finds attributable to a failure
    of the Federal Government to provide protection where such
    protection is or was required by law or by the demands of the trust
    relationship.
      (e) Any lands partitioned to each tribe in the joint use area
    shall, where feasible and consistent with the other provisions of
    this section, be contiguous to the reservation of each such tribe.
      (f) Any boundary line between lands partitioned to the two tribes
    in the joint use area shall, insofar as is practicable, follow
    terrain which will facilitate fencing or avoid the need for
    fencing.
      (g) Any claim the Hopi Tribe may have against the Navajo Tribe
    for an accounting of all sums collected by the Navajo Tribe since
    September 17, 1957, as trader license fees or commissions, lease
    rental, or proceeds, or other similar charges for doing business or
    for damages in the use of lands within the joint use area, shall be
    for a one-half share in such sums.
      (h) Any claim the Hopi Tribe may have against the Navajo Tribe
    for the determination and recovery of the fair value of the grazing
    and agricultural use of the lands within the joint use area by the
    Navajo Tribe and its individual members, since September 28, 1962,
    shall be for one-half of such value.

-SOURCE-
    (Pub. L. 93-531, Sec. 6, Dec. 22, 1974, 88 Stat. 1714.)

-End-



-CITE-
    25 USC Sec. 640d-6                                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d-6. Joint ownership and management of coal, oil, gas and
      other minerals within or underlying partitioned lands; division
      of proceeds

-STATUTE-
      Partition of the surface of the lands of the joint use area shall
    not affect the joint ownership status of the coal, oil, gas, and
    all other minerals within or underlying such lands. All such coal,
    oil, gas, and other minerals within or underlying such lands shall
    be managed jointly by the two tribes, subject to supervision and
    approval by the Secretary as otherwise required by law, and the
    proceeds therefrom shall be divided between the tribes, share and
    share alike.

-SOURCE-
    (Pub. L. 93-531, Sec. 7, Dec. 22, 1974, 88 Stat. 1715.)

-End-



-CITE-
    25 USC Sec. 640d-7                                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d-7. Determination of tribal rights and interests in land

-STATUTE-
    (a) Authorization to commence and defend actions in District Court
      Either tribe, acting through the chairman of its tribal council
    for and on behalf of the tribe, is each hereby authorized to
    commence or defend in the District Court an action against the
    other tribe and any other tribe of Indians claiming any interest in
    or to the area described in the Act of June 14, 1934, except the
    reservation established by the Executive Order of December 16,
    1882, for the purpose of determining the rights and interests of
    the tribes in and to such lands and quieting title thereto in the
    tribes.
    (b) Allocation of land to respective reservations upon
      determination of interests
      Lands, if any, in which the Navajo Tribe or Navajo individuals
    are determined by the District Court to have the exclusive interest
    shall continue to be a part of the Navajo Reservation. Lands, if
    any, in which the Hopi Tribe, including any Hopi village or clan
    thereof, or Hopi individuals are determined by the District Court
    to have the exclusive interest shall thereafter be a reservation
    for the Hopi Tribe. Any lands in which the Navajo and Hopi Tribes
    or Navajo or Hopi individuals are determined to have a joint or
    undivided interest shall be partitioned by the District Court on
    the basis of fairness and equity and the area so partitioned shall
    be retained in the Navajo Reservation or added to the Hopi
    Reservation, respectively.
    (c) Actions for accounting, fair value of grazing, and claims for
      damages to land; determination of recovery; defenses
      (1) Either as a part of or in a proceeding supplementary to the
    action authorized in subsection (a) of this section, either tribe,
    through the chairman of its tribal council for and on behalf of the
    tribe, including all villages, clans, and individual members
    thereof, may prosecute or defend an action for the types of relief,
    including interest, specified in section 640d-17 of this title,
    including all subsections thereof, against the other tribe, through
    its tribal chairman in a like representative capacity, and against
    the United States as to the types of recovery specified in
    subsection (a)(3) of section 640d-17 of this title and subject to
    the same provisions as contained in said subsection, such action to
    apply to the lands in issue in the reservation established by the
    Act of June 14, 1934 (48 Stat. 960).
      (2) In the event the Hopi Tribe or Navajo Tribe is determined to
    have any interest in the lands in issue, the right of either tribe
    to recover hereunder shall be based upon that percentage of the
    total sums collected, use made, waste committed, and other amounts
    of recovery, which is equal to the percentage of lands in issue in
    which either tribe is determined to have such interest.
      (3) Neither laches nor the statute of limitations shall
    constitute a defense to such proceedings if they are either
    prosecuted as a part of the action authorized by this section or in
    a proceeding supplemental thereto, if instituted not later than
    twenty-four months following a final order of partition and
    exhaustion of appeals in an action filed pursuant to this section.
    (d) Denial of Congressional interest in merits of conflicting
      claims; liability of United States
      Nothing in this section shall be deemed to be a Congressional
    determination of the merits of the conflicting claims to the lands
    that are subject to adjudication pursuant to this section, or to
    affect the liability of the United States, if any, under litigation
    now pending before the Indian Claims Commission.
    (e) Payment of legal fees, court costs and other expenses
      The Secretary of the Interior is authorized to pay any or all
    appropriate legal fees, court costs, and other related expenses
    arising out of, or in connection with, the commencing of, or
    defending against, any action brought by the Navajo, San Juan
    Southern Paiute or Hopi Tribe under this section.
    (f) Provision of attorney fees for San Juan Southern Paiute Tribe
      (1) Any funds made available for the San Juan Southern Paiute
    Tribe to pay for attorney's fees shall be paid directly to the
    tribe's attorneys of record until such tribe is acknowledged as an
    Indian tribe by the United States: Provided, That the tribe's
    eligibility for such payments shall cease once a decision by the
    Secretary of the Interior declining to acknowledge such tribe
    becomes final and no longer appealable.
      (2) Nothing in this subsection shall be interpreted as a
    congressional acknowledgement of the San Juan Southern Paiute as an
    Indian tribe or as affecting in any way the San Juan Southern
    Paiute Tribe's Petition for Recognition currently pending with the
    Secretary of the Interior.
      (3) There is hereby authorized to be appropriated not to exceed
    $250,000 to pay for the legal expenses incurred by the Southern
    Paiute Tribe on legal action arising under this section prior to
    November 16, 1988.

-SOURCE-
    (Pub. L. 93-531, Sec. 8, Dec. 22, 1974, 88 Stat. 1715; Pub. L. 96-
    305, Sec. 2, July 8, 1980, 94 Stat. 929; Pub. L. 100-666, Sec. 9,
    Nov. 16, 1988, 102 Stat. 3933.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 14, 1934, referred to in subsecs. (a) and (c)(1), is
    act June 14, 1934, ch. 521, 48 Stat. 960, which was not classified
    to the Code.
      The Indian Claims Commission, referred to in subsec. (d),
    terminated Sept. 30, 1978. See Codification note set out under
    former section 70 et seq. of this title.


-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (e). Pub. L. 100-666, Sec. 9(a), inserted ", San
    Juan Southern Paiute" after "Navajo".
      Subsec. (f). Pub. L. 100-666, Sec. 9(b), added subsec. (f).
      1980 - Subsec. (c). Pub. L. 96-305 substituted provision
    authorizing, as part of the determination of tribal rights and
    interests in land, actions for accounting, fair value of grazing,
    and claims for damages, specifying the formula for determining
    recovery, and limiting defenses for provision authorizing exchange
    of reservation lands.

-End-



-CITE-
    25 USC Sec. 640d-8                                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d-8. Allotments in severalty to Paiute Indians now located
      on lands; issue of patents declaring United States as trustee

-STATUTE-
      Notwithstanding any other provision of this subchapter, the
    Secretary is authorized to allot in severalty to individual Paiute
    Indians, not now members of the Navajo Tribe, who are located
    within the area described in the Act of June 14, 1934 (48 Stat.
    960), and who were located within such area, or are direct
    descendants of Paiute Indians who were located within such area, on
    the date of such Act, land in quantities as specified in section
    331 (!1) of this title, and patents shall be issued to them for
    such lands having the legal effect and declaring that the United
    States holds such land in trust for the sole use and benefit of
    each allottee and, following his death, of his heirs according to
    the laws of the State of Arizona.


-SOURCE-
    (Pub. L. 93-531, Sec. 9, Dec. 22, 1974, 88 Stat. 1716.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 14, 1934, referred to in text, is act June 14, 1934,
    ch. 521, 48 Stat. 960, which was not classified to the Code.
      Section 331 of this title, referred to in text, was repealed by
    Pub. L. 106-462, title I, Sec. 106(a)(1), Nov. 7, 2000, 114 Stat.
    2007.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    25 USC Sec. 640d-9                                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d-9. Partitioned or other designated lands

-STATUTE-
    (a) Lands to be held in trust for Navajo Tribe; exception
      Subject to the provisions of sections 640d-8 and 640d-16(a) of
    this title, any lands partitioned to the Navajo Tribe pursuant to
    sections 640d-2 and 640d-3 of this title and the lands described in
    the Act of June 14, 1934 (48 Stat. 960), except the lands as
    described in section 640d-7 of this title, shall be held in trust
    by the United States exclusively for the Navajo Tribe and as a part
    of the Navajo Reservation.
    (b) Lands to be held in trust for Hopi Tribe
      Subject to the provisions of sections 640d-8 and 640d-16(a) of
    this title, any lands partitioned to the Hopi Tribe pursuant to
    sections 640d-2 and 640d-3 of this title and the lands as described
    in section 640d-7 of this title shall be held in trust by the
    United States exclusively for the Hopi Tribe and as a part of the
    Hopi Reservation.
    (c) Protection of rights and property of individuals subject to
      relocation
      The Secretary shall take such action as may be necessary in order
    to assure the protection, until relocation, of the rights and
    property of individuals subject to relocation pursuant to this
    subchapter, or any judgment of partition pursuant thereto,
    including any individual authorized to reside on land covered by a
    life estate conferred pursuant to section 640d-28 of this title.
    (d) Protection of benefits and services of individuals subject to
      relocation
      With respect to any individual subject to relocation, the
    Secretary shall take such action as may be necessary to assure that
    such individuals are not deprived of benefits or services by reason
    of their status as an individual subject to relocation.
    (e) Tribal jurisdiction over partitioned lands
      (1) (!1) Lands partitioned pursuant to this subchapter, whether
    or not the partition order is subject to appeal, shall be subject
    to the jurisdiction of the tribe to whom partitioned and the laws
    of such tribe shall apply to such partitioned lands under the
    following schedule:

        (A) Effective ninety days after July 8, 1980, all conservation
      practices, including grazing control and range restoration
      activities, shall be coordinated and executed with the
      concurrence of the tribe to whom the particular lands in question
      have been partitioned, and all such grazing and range restoration
      matters on the Navajo Reservation lands shall be administered by
      the Bureau of Indian Affairs Navajo Area Office and on the Hopi
      Reservation lands by the Bureau of Indian Affairs Phoenix Area
      Office, under applicable laws and regulations.
        (B) Notwithstanding any provision of law to the contrary, each
      tribe shall have such jurisdiction and authority over any lands
      partitioned to it and all persons located thereon, not in
      conflict with the laws and regulations referred to in paragraph
      (A) above, to the same extent as is applicable to those other
      portions of its reservation. Such jurisdiction and authority over
      partitioned lands shall become effective April 18, 1981.

    The provisions of this subsection shall be subject to the
    responsibility of the Secretary to protect the rights and property
    of life tenants and persons awaiting relocation as provided in
    subsections (c) and (d) of this section.
    (f) Development of lands in litigation; exception
      (1) Any development of lands in litigation pursuant to section
    640d-7 of this title and further defined as "that portion of the
    Navajo Reservation lying west of the Executive Order Reservation of
    1882 and bounded on the north and south by westerly extensions, to
    the reservation line, of the northern and southern boundaries of
    said Executive Order Reservation," shall be carried out only upon
    the written consent of each tribe except for the limited areas
    around the village of Moenkopi and around Tuba City. Each such area
    has been heretofore designated by the Secretary. "Development" as
    used herein shall mean any new construction or improvement to the
    property and further includes public work projects, power and water
    lines, public agency improvements, and associated rights-of-way.
      (2) Each Indian tribe which receives a written request for the
    consent of the Indian tribe to a particular improvement,
    construction, or other development on the lands to which paragraph
    (1) applies shall respond in writing to such request by no later
    than the date that is 30 days after the date on which the Indian
    tribe receives the request. If the Indian tribe refuse to consent
    to the improvement, construction, or other development, the
    response shall include the reasons why consent is being refused.
      (3)(A) Paragraph (1) shall not apply to any improvement,
    construction, or other development if - 
        (i) such improvement, construction, or development does not
      involve new housing construction, and
        (ii) after the Navajo Tribe or Hopi Tribe has refused to
      consent to such improvement, construction, or development (or
      after the close of the 30-day period described in paragraph (2),
      if the Indian tribe does not respond within such period in
      writing to a written request for such consent), the Secretary of
      the Interior determines that such improvement, construction, or
      development is necessary for the health or safety of the Navajo
      Tribe, the Hopi Tribe, or any individual who is a member of
      either tribe.

      (B) If a written request for a determination described in
    subparagraph (A)(ii) is submitted to the Secretary of the Interior
    after the Navajo Tribe or Hopi Tribe has refused to consent to any
    improvement, construction, or development (or after the close of
    the 30-day period described in paragraph (2), if the Indian tribe
    does not respond within such period in writing to a written request
    for such consent), the Secretary shall, by no later than the date
    that is 45 days after the date on which such request is submitted
    to the Secretary, determine whether such improvement, construction,
    or development is necessary for the health or safety of the Navajo
    Tribe, the Hopi Tribe, or any individual who is a member of either
    Tribe.
      (C) Any development that is undertaken pursuant to this section
    shall be without prejudice to the rights of the parties in the
    civil action pending before the United States District Court for
    the District of Arizona commenced pursuant to section 640d-7 of
    this title, as amended.

-SOURCE-
    (Pub. L. 93-531, Sec. 10, Dec. 22, 1974, 88 Stat. 1716; Pub. L. 96-
    305, Sec. 3, July 8, 1980, 94 Stat. 929; Pub. L. 100-666, Sec. 6,
    Nov. 16, 1988, 102 Stat. 3932.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 14, 1934, referred to in subsec. (a), is act June 14,
    1934, ch. 521, 48 Stat. 960, which was not classified to the Code.


-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (f). Pub. L. 100-666 designated existing
    provisions as par. (1) and added pars. (2) and (3).
      1980 - Subsecs. (c) to (f). Pub. L. 96-305 added subsecs. (c) to
    (f).

-FOOTNOTE-
    (!1) So in original. No par. (2) has been enacted.


-End-



-CITE-
    25 USC Sec. 640d-10                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d-10. Resettlement lands for Navajo Tribe

-STATUTE-
    (a) Transfer of lands under jurisdiction of Bureau of Land
      Management; State and private land exchanges; valuation; acquired
      private lands; lands to be held in trust
      The Secretary is authorized and directed to - 
        (1) transfer not to exceed two hundred and fifty thousand acres
      of lands under the jurisdiction of the Bureau of Land Management
      within the State (!1) of Arizona and New Mexico to the Navajo
      Tribe: Provided, That, in order to facilitate such transfer, the
      Secretary is authorized to exchange such lands for State or
      private lands of equal value or, if they are not equal, the
      values shall be equalized by the payment of money to the grantor
      or to the Secretary as the circumstances require so long as
      payment does not exceed 25 per centum of the total value of the
      lands transferred out of Federal ownership. The Secretary shall
      try to reduce the payment to as small an amount as possible.

        (2) (!2) on behalf of the United States, accept title to not to
      exceed one hundred and fifty thousand acres of private lands
      acquired by the Navajo Tribe. Title thereto shall be taken in the
      name of the United States in trust for the benefit of the Navajo
      Tribe as a part of the Navajo Reservation.


    Subject to the provisions of the following sentences of this
    subsection, all rights, title and interests of the United States in
    the lands described in paragraph (1), including such interests the
    United States as lessor has in such lands under the Mineral Leasing
    Act of 1920, as amended [30 U.S.C. 181 et seq.], will, subject to
    existing leasehold interests, be transferred without cost to the
    Navajo Tribe and title thereto shall be taken by the United States
    in trust for the benefit of the Navajo Tribe as a part of the
    Navajo Reservation. So long as selected lands coincide with pending
    noncompetitive coal lease applications under the Mineral Leasing
    Act of 1920, as amended, the Secretary may not transfer any United
    States interests in such lands until the noncompetitive coal lease
    applications have been fully adjudicated. If such adjudication
    results in issuance of Federal coal leases to the applicants, such
    transfer shall be subject to such leases. The leaseholders rights
    and interests in such coal leases will in no way be diminished by
    the transfer of the rights, title and interests of the United
    States in such lands to the Navajo Tribe. If any selected lands are
    subject to valid claims located under the Mining Law of 1872 the
    transfer of the selected lands may be made subject to those claims.
        (2) (!2) Those interests in lands acquired in the State of New
      Mexico by the Navajo Tribe pursuant to subsection 2 (!3) of this
      section shall be subject to the right of the State of New Mexico
      to receive the same value from any sales, bonuses, rentals,
      royalties and interest charges from the conveyance, sale, lease,
      development, and production of coal as would have been received
      had the subsurface interest in such lands remained with the
      United States and been leased pursuant to the Mineral Lands
      Leasing Act of 1920, as amended [30 U.S.C. 181 et seq.], or any
      successor Act; or otherwise developed. The State's interest shall
      be accounted for in the same manner as it would have been if a
      lease had issued pursuant to the Mineral Lands Leasing Act of
      1920, as amended.

    (b) Proximity of lands to be transferred or acquired to Navajo
      Reservation; lands to be used for exchanges
      A border of any parcel of land so transferred or acquired shall
    be within eighteen miles of the present boundary of the Navajo
    Reservation: Provided, That, except as limited by subsection (g) of
    this section, Bureau of Land Management lands anywhere within the
    States of Arizona and New Mexico may be used for the purpose of
    exchanging for lands within eighteen miles of the present boundary
    of the reservation.
    (c) Selection of lands to be transferred or acquired; time period;
      consultation; restriction of New Mexico lands
      Lands to be so transferred or acquired shall, for a period of
    three years after July 8, 1980, be selected by the Navajo Tribe
    after consultation with the Commissioner: Provided, That, at the
    end of such period, the Commissioner shall have the authority to
    select such lands after consultation with the Navajo Tribe:
    Provided further, That not to exceed thirty-five thousand acres of
    lands so transferred or acquired shall be selected within the State
    of New Mexico.
    (d) Progress and status of land transfer program; reports to
      Congressional committees
      The Commissioner, in consultation with the Secretary, shall
    within sixty days following the first year of enactment of this
    subsection report to the House Committee on Interior and Insular
    Affairs and the Senate Select Committee on Indian Affairs, on the
    progress of the land transfer program authorized in subsection (a)
    of this section. Sixty days following the second year of enactment
    of this subsection the Commissioner, in consultation with the
    Secretary, shall submit a report to the House Committee on Interior
    and Insular Affairs and the Senate Select Committee on Indian
    Affairs giving the status of the land transfer program authorized
    in subsection (a) of this section, making any recommendations that
    the Commissioner deems necessary to complete the land transfer
    program.
    (e) Entitlement lands payments
      Payments being made to any State or local government pursuant to
    the provisions of chapter 69 of title 31, on any lands transferred
    pursuant to subsection (a)(1) of this section shall continue to be
    paid as if such transfer had not occurred.
    (f) Acquisition of title to surface and subsurface interest; time
      period; public notice; report to Congressional committees; rights
      of subsurface owner
      (1) For a period of three years after July 8, 1980, the Secretary
    shall not accept title to lands acquired pursuant to subsection
    (a)(2) (!4) of this section unless fee title to both surface and
    subsurface has been acquired or the owner of the subsurface
    interest consents to the acceptance of the surface interest in
    trust by the Secretary.

      (2) If, ninety days prior to the expiration of such three year
    period, the full entitlement of private lands has not been acquired
    by the Navajo Tribe and accepted by the Secretary in trust for the
    Navajo Tribe under the restrictions of paragraph (1) of this
    subsection, the Commissioner, after public notice, shall, within
    thirty days, make a report thereon to the House Committee on
    Interior and Insular Affairs and the Senate Select Committee on
    Indian Affairs.
      (3) In any case where the Secretary accepts, in trust, title to
    the surface of lands acquired pursuant to subsection (a)(2) (!4) of
    this section where the subsurface interest is owned by third
    parties, the trust status of such surface ownership and the
    inclusion of the land within the Navajo Reservation shall not
    impair any existing right of the subsurface owner to develop the
    subsurface interest and to have access to the surface for the
    purpose of such development.
    (g) Lands not available for transfer
      No public lands lying north and west of the Colorado River in the
    State of Arizona shall be available for transfer under this
    section.
    (h) Administration of lands transferred or acquired
      The lands transferred or acquired pursuant to this section shall
    be administered by the Commissioner until relocation under the
    Commission's (!5) plan is complete and such lands shall be used
    solely for the benefit of Navajo families residing on Hopi-
    partitioned lands as of December 22, 1974: Provided, That the sole
    authority for final planning decisions regarding the development of
    lands acquired pursuant to this subchapter shall rest with the
    Commissioner until such time as the Commissioner has discharged his
    statutory responsibility under this subchapter.

    (i) Negotiations regarding land exchanges or leases
      The Commissioner shall have authority to enter into negotiations
    with the Navajo and Hopi Tribes with a view to arranging and
    carrying out land exchanges or leases, or both, between such
    tribes; and lands which may be acquired or transferred pursuant to
    this section may, with the approval of the Commissioner, be
    included in any land exchange between the tribes authorized under
    section 640d-22 of this title.

-SOURCE-
    (Pub. L. 93-531, Sec. 11, Dec. 22, 1974, 88 Stat. 1716; Pub. L. 96-
    305, Sec. 4, July 8, 1980, 94 Stat. 930; Pub. L. 98-603, title I,
    Sec. 106, Oct. 30, 1984, 98 Stat. 3157; Pub. L. 100-666, Secs.
    4(b), 8, Nov. 16, 1988, 102 Stat. 3930, 3933.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Mineral Leasing Act of 1920, as amended, and the Mineral
    Lands Leasing Act of 1920, as amended, referred to in subsec. (a),
    are act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as
    the Mineral Leasing Act, which is classified generally to chapter
    3A (Sec. 181 et seq.) of Title 30, Mineral Lands and Mining. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 181 of Title 30 and Tables.
      The Mining Law of 1872, referred to in subsec. (a), is act May
    10, 1872, ch. 152, 17 Stat. 91, as amended. That act was
    incorporated into the Revised Statutes as R.S. Secs. 2319 to 2328,
    2331, 2333 to 2337, and 2344, which are classified to sections 22
    to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of Title
    30. For complete classification of R.S. Secs. 2319 to 2328, 2331,
    2333 to 2337, and 2344 to the Code, see Tables.
      The first year of enactment of this subsection and the second
    year of enactment of this subsection, referred to in subsec. (d),
    probably mean the first and second year after the date of enactment
    of this subsection, which was July 8, 1980.
      Subsection (a)(2) of this section, referred to in subsec. (f)(1),
    (3), means the first paragraph (2) of subsec. (a), relating to
    acceptance of title to private lands.

-COD-
                               CODIFICATION                           
      In subsec. (e), "chapter 69 of title 31" substituted for "the Act
    of October 20, 1976 (90 Stat. 2662; 31 U.S.C. 1601 et seq.)" on
    authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.
    1067, the first section of which enacted Title 31, Money and
    Finance.


-MISC1-
                                AMENDMENTS                            
      1988 - Subsecs. (c), (d), (f)(2). Pub. L. 100-666, Sec. 4(b),
    substituted "Commissioner" for "Commission" wherever appearing.
      Subsec. (h). Pub. L. 100-666, Secs. 4(b), 8, substituted "by the
    Commissioner" for "by the Commission" and "December 22, 1974:
    Provided, That the sole authority for final planning decisions
    regarding the development of lands acquired pursuant to this
    subchapter shall rest with the Commissioner until such time as the
    Commissioner has discharged his statutory responsibility under this
    subchapter" for "July 8, 1980, who are awaiting relocation under
    this subchapter".
      Subsec. (i). Pub. L. 100-666, Sec. 4(b), substituted
    "Commissioner" for "Commission" in two places.
      1984 - Subsec. (a). Pub. L. 98-603, Sec. 106(2), inserted
    provisions relating to transfer without cost to the Navajo Tribe
    with title taken by the United States in trust for the benefit of
    the Navajo Tribe as part of the Navajo Reservation of all rights,
    title, and interests of the United States in the lands described in
    par. (1), subject to existing leaseholds.
      Subsec. (a)(1). Pub. L. 98-603, Sec. 106(1), struck out
    provisions requiring transfer of lands without cost to the Navajo
    Tribe with title taken by the United States in trust for the
    benefit of the Navajo Tribe as part of the Navajo Reservation.
      Subsec. (a)(2). Pub. L. 98-603, Sec. 106(3), added the par. (2)
    relating to interests in lands acquired in New Mexico.
      1980 - Subsec. (a). Pub. L. 96-305 substituted provision
    authorizing the Secretary to transfer not more than 250,000 acres
    of land under the jurisdiction of the Bureau of Land Management to
    the Navajo Tribe, at no cost to the Navajo Tribe, and in order to
    facilitate this transfer, exchange Bureau of Land Management land,
    at equal valuation, for State and private land, and to accept title
    to not more than 150,000 acres of private lands acquired by the
    Navajo Tribe, with title to both the transferred and privately
    acquired lands to be held by the United States in trust for the
    benefit of the Navajo Tribe for provision authorizing the Secretary
    to transfer not more than 250,000 acres of land under the
    jurisdiction of the Bureau of Land Management to the Navajo Tribe
    providing the Navajo Tribe pay the fair market value of the land
    transferred and providing that title to the transferred land be
    held by the United States for the benefit of the Navajo Tribe.
      Subsec. (b). Pub. L. 96-305 substituted provision requiring a
    border of any parcel of land transferred or acquired to be within
    18 miles of the present boundary of the Navajo Reservation and
    providing that, with the exception of the lands unavailable for
    transfer, any Bureau of Land Management lands within Arizona and
    New Mexico be available for exchange for lands within 18 miles of
    the present boundary of the reservation for provision authorizing
    the United States to take in trust for the benefit of the Navajo
    Tribe any private lands acquired by the Navajo Tribe which are
    contiguous or adjacent to the Navajo Reservation and restricting
    the total acreage of lands transferred or acquired to not more than
    250,000 acres.
      Subsecs. (c) to (i). Pub. L. 96-305 added subsecs. (c) to (i).

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Interior and Insular Affairs of the House of
    Representatives changed to Committee on Natural Resources of the
    House of Representatives on Jan. 5, 1993, by House Resolution No.
    5, One Hundred Third Congress. Committee on Natural Resources of
    House of Representatives treated as referring to Committee on
    Resources of House of Representatives by section 1(a) of Pub. L.
    104-14, set out as a note preceding section 21 of Title 2, The
    Congress.
      Select Committee on Indian Affairs of the Senate redesignated
    Committee on Indian Affairs of the Senate by section 25 of Senate
    Resolution No. 71, Feb. 25, 1993, One Hundred Third Congress.

-FOOTNOTE-
    (!1) So in original. Probably should be "States".

    (!2) So in original. Two pars. designated (2) have been enacted.

    (!3) So in original. Probably should be "paragraph (1)".

    (!4) See References in Text note below.

    (!5) So in original. Probably should be "Commissioner's".


-End-



-CITE-
    25 USC Sec. 640d-11                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d-11. Office of Navajo and Hopi Indian Relocation

-STATUTE-
    (a) Establishment; Commissioner
      There is hereby established as an independent entity in the
    executive branch the Office of Navajo and Hopi Indian Relocation
    which shall be under the direction of the Commissioner on Navajo
    and Hopi Relocation (hereinafter in this subchapter referred to as
    the "Commissioner").
    (b) Appointment; term of office; compensation
      (1) The Commissioner shall be appointed by the President by and
    with the advice and consent of the Senate.
      (2) The term of office of the Commissioner shall be 2 years. An
    individual may be appointed Commissioner for more than one term.
    The Commissioner serving at the end of a term shall continue to
    serve until his or her successor has been confirmed in accordance
    with paragraph (1) of this subsection.
      (3) The Commissioner shall be a full-time employee of the United
    States, and shall be compensated at the rate of basic pay payable
    for level IV of the Executive Schedule.
    (c) Transfer of powers, duties, and funds to Commissioner
      (1)(A) Except as otherwise provided by the Navajo and Hopi Indian
    Relocation Amendments of 1988, the Commissioner shall have all the
    powers and be responsible for all the duties that the Navajo and
    Hopi Indian Relocation Commission had before November 16, 1988.
      (B) All funds appropriated to the Navajo and Hopi Indian
    Relocation Commission before the date on which the first
    Commissioner on Navajo and Hopi Indian Relocation is confirmed by
    the Senate that have not been expended on such date shall become
    available to the Office of Navajo and Hopi Indian Relocation on
    such date and shall remain available without fiscal year
    limitation.
      (2) There are hereby transferred to the Commissioner, on January
    31, 1989 - 
        (A) all powers and duties of the Bureau of Indian Affairs
      derived from Public Law 99-190 (99 Stat. at 1236) that relate to
      the relocation of members of the Navajo Tribe from lands
      partitioned to the Hopi Tribe, and
        (B) all funds appropriated for activities relating to such
      relocation pursuant to Public Law 99-190 (99 Stat. at 1236):
      Provided, That such funds shall be used by the Commissioner for
      the purpose for which such funds were appropriated to the Bureau
      of Indian Affairs. (B) (!1) : Provided further, That for
      administrative purposes such funds shall be maintained in a
      separate account.

    (d) Powers of Commissioner
      (1) Subject to such rules and regulations as may be adopted by
    the Office of Navajo and Hopi Indian Relocation, the Commissioner
    shall have the power to - 
        (A) appoint and fix the compensation of such staff and
      personnel as the Commissioner deems necessary in accordance with
      the provisions of title 5 governing appointments in the
      competitive service, but at rates not in excess of a position
      classified above a GS-15 of the General Schedule under section
      5108 of such title; and
        (B) procure temporary and intermittent services to the same
      extent as is authorized by section 3109 of title 5, but at rates
      not to exceed $200 a day for individuals.

      (2) The authority of the Commissioner to enter into contracts for
    the provision of legal services for the Commissioner or for the
    Office of Navajo and Hopi Indian Relocation shall be subject to the
    availability of funds provided for such purpose by appropriations
    Acts.
      (3) There are authorized to be appropriated for each fiscal year
    $100,000 to fund contracts described in paragraph (2).
    (e) Administrative, fiscal, and housekeeping services;
      implementation of relocation plan; reasonable assistance by
      Federal departments or agencies; report to Congress
      (1) The Commissioner is authorized to provide for the
    administrative, fiscal, and housekeeping services of the Office of
    Navajo and Hopi Indian Relocation and is authorized to call upon
    any department or agency of the United States to assist him in
    implementing the relocation plan, except that the control over and
    responsibility for completing relocation shall remain in the
    Commissioner. In any case in which the Office calls upon any such
    department or agency for assistance under this section, such
    department or agency shall provide reasonable assistance so
    requested.
      (2) On failure of any agency to provide reasonable assistance as
    required under paragraph (1) of this subsection, the Commissioner
    shall report such failure to the Congress.
    (f) Termination
      The Office of Navajo and Hopi Indian Relocation shall cease to
    exist when the President determines that its functions have been
    fully discharged.

-SOURCE-
    (Pub. L. 93-531, Sec. 12, Dec. 22, 1974, 88 Stat. 1716; Pub. L. 96-
    305, Sec. 5, July 8, 1980, 94 Stat. 932; Pub. L. 100-666, Sec.
    4(a), Nov. 16, 1988, 102 Stat. 3929; Pub. L. 100-696, title IV,
    Sec. 406, Nov. 18, 1988, 102 Stat. 4592; Pub. L. 102-180, Sec. 3(a)-
    (c), Dec. 2, 1991, 105 Stat. 1230.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Level IV of the Executive Schedule, referred to in subsec.
    (b)(3), is set out in section 5315 of Title 5, Government
    Organization and Employees.
      The Navajo and Hopi Indian Relocation Amendments of 1988,
    referred to in subsec. (c)(1)(A), is Pub. L. 100-666, Nov. 16,
    1988, 102 Stat. 3929, which enacted sections 640d-29 and 640d-30 of
    this title, amended sections 640d-7, 640d-9 to 640d-14, 640d-22,
    640d-24, 640d-25, and 640d-28 of this title, and enacted provisions
    set out as a note under sections 640d and 640d-11 of this title.
    For complete classification of this Act to the Code, see Short
    Title of 1988 Amendment note set out under section 640d of this
    title and Tables.
      Public Law 99-190, referred to in subsec. (c)(2), is Pub. L. 99-
    190, Dec. 19, 1985, 99 Stat. 1185. The provisions of Pub. L. 99-
    190 (99 Stat. 1236) relating to the relocation of members of the
    Navajo Tribe are not classified to the Code. For complete
    classification of Pub. L. 99-190 to the Code, see Tables.
      The provisions of title 5 governing appointments in the
    competitive service, referred to in the subsec. (d)(1)(A), are
    classified generally to section 3301 et seq. of Title 5, Government
    Organization and Employees.


-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (b)(2). Pub. L. 102-180, Sec. 3(a), inserted at
    end "The Commissioner serving at the end of a term shall continue
    to serve until his or her successor has been confirmed in
    accordance with paragraph (1) of this subsection."
      Subsec. (b)(3). Pub. L. 102-180, Sec. 3(b), amended par. (3)
    generally. Prior to amendment, par. (3) read as follows: "The
    Commissioner shall be a full time employee of the United States and
    shall be paid at the rate of GS-18 of the General Schedule under
    section 5332 of title 5."
      Subsec. (d)(1). Pub. L. 102-180, Sec. 3(c), amended par. (1)
    generally. Prior to amendment, par. (1) read as follows: "The
    Commissioner shall have the power to - 
        "(A) appoint and fix the compensation of such staff and
      personnel as he deems necessary, without regard to the provisions
      of title 5 governing appointments in the competitive service, and
      without regard to chapter 51 and subchapter III of chapter 53 of
      such title relating to classification and General Schedule pay
      rates, but at rates not in excess of the maximum rate for GS-18
      of the General Schedule under section 5332 of such title; and
        "(B) procure temporary and intermittent services to the same
      extent as is authorized by section 3109 of title 5, but at rates
      not to exceed $200 a day for individuals."
      1988 - Pub. L. 100-666 amended section generally, substituting
    subsecs. (a) to (f) relating to the Office of Navajo and Hopi
    Indian Relocation, for former subsecs. (a) to (j) which related to
    the Navajo and Hopi Relocation Commission.
      1980 - Subsec. (g)(1). Pub. L. 96-305, Sec. 5(1), inserted "an
    independent legal counsel," after "an Executive Director,".
      Subsec. (h). Pub. L. 96-305, Sec. 5(2), substituted provision
    authorizing Commission to provide for its own administrative,
    fiscal, and housekeeping services for provision authorizing
    Department of the Interior, on a nonreimbursable basis, to furnish
    necessary administrative and housekeeping services for Commission.
      Subsecs. (i), (j). Pub. L. 96-305, Sec. 5(3), added subsec. (i)
    and redesignated former subsec. (i) as (j).

       SEPARATION OR REDUCTION IN GRADE OR COMPENSATION OF EMPLOYEE   
      Section 3(d) of Pub. L. 102-180 provided that: "The amendments
    made by this section [amending this section and section 5315 of
    Title 5, Government Organization and Employees] shall not cause any
    employee of the Office of Navajo and Hopi Indian Relocation to be
    separated or reduced in grade or compensation for 12 months after
    the date of enactment of this Act [Dec. 2, 1991]."

                   POSITIONS IN SENIOR EXECUTIVE SERVICE               
      Section 3(e) of Pub. L. 102-180 provided that: "The position of
    Executive Director of the Office of Navajo and Hopi Indian
    Relocation and Deputy Executive Director of such Office shall on
    and after the date of the enactment of this Act [Dec. 2, 1991], be
    in the Senior Executive Service."

                EMPLOYEES OF OFFICE AS GOVERNMENT EMPLOYEES            
      Section 3(f) of Pub. L. 102-180 provided that: "Any employee of
    the Office of Navajo and Hopi Indian Relocation on the date of the
    enactment of this Act [Dec. 2, 1991], shall be considered an
    employee as defined in section 2105 of title 5, United States
    Code."

      CONTINUATION OF RELOCATION COMMISSION AND RETENTION OF EXISTING
      COMMISSIONERS PENDING CONFIRMATION OF COMMISSIONER; TRANSFER OF
                    EXISTING PERSONNEL; CHANGE OF NAME
      Section 4(c) of Pub. L. 100-666 provided that:
      "(1) Notwithstanding any other provisions of law or any amendment
    made by this Act [see Short Title of 1988 Amendment note under
    section 640d of this title] - 
        "(A) the Navajo and Hopi Indian Relocation Commission shall - 
          "(i) continue to exist until the date on which the first
        Commissioner is confirmed by the Senate,
          "(ii) have the same structure, powers and responsibilities
        such Commission had before the enactment of this Act [Nov. 16,
        1988], and
          "(iii) assume responsibility for the powers and duties
        transferred to such Commissioner under section 12(c)(2) of
        Public Law 93-531 [25 U.S.C. 640d-11(c)(2)], as amended by this
        Act, until the Commissioner is confirmed,
        "(B) the existing Commissioners shall serve until the new
      Commissioner is confirmed by the Senate, and
        "(C) the existing personnel of the Commission shall be
      transferred to the new Office of Navajo and Hopi Indian
      Relocation.
      "(2) The Navajo and Hopi Relocation Commission shall become known
    as the Office of Navajo and Hopi Indian Relocation on the date on
    which the first Commissioner is confirmed by the Senate."

-FOOTNOTE-
    (!1) So in original. The period followed by the designation "(B)"
         probably should not appear.


-End-



-CITE-
    25 USC Sec. 640d-12                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d-12. Report concerning relocation of households and
      members of each tribe

-STATUTE-
      (a) By no later than the date that is 6 months after the date on
    which the first Commissioner is confirmed by the Senate, the
    Commissioner shall prepare and submit to the Congress a report
    concerning the relocation of households and members thereof of each
    tribe and their personal property, including livestock, from lands
    partitioned to the other tribe pursuant to this subchapter.
      (b) The report required under subsection (a) of this section
    shall contain, among other matters, the following:
        (1) the names of all members of the Navajo Tribe who reside
      within the areas partitioned to the Hopi Tribe and the names of
      all members of the Hopi Tribe who reside within the areas
      partitioned to the Navajo Tribe;
        (2) the names of all other members of the Navajo Tribe, and
      other members of the Hopi Tribe, who are eligible for benefits
      provided under this subchapter and who have not received all the
      benefits for which such members are eligible under this
      subchapter; and
        (3) the fair market value of the habitations and improvements
      owned by the heads of households identified by the Commissioner
      is (!1) being among the persons named in clause (1) of this
      subsection.


-SOURCE-
    (Pub. L. 93-531, Sec. 13, Dec. 22, 1974, 88 Stat. 1717; Pub. L. 96-
    305, Sec. 6, July 8, 1980, 94 Stat. 932; Pub. L. 100-666, Sec.
    4(d), Nov. 16, 1988, 102 Stat. 3931; Pub. L. 101-121, title I, Sec.
    120, Oct. 23, 1989, 103 Stat. 722.)


-MISC1-
                                AMENDMENTS                            
      1989 - Subsec. (b)(4). Pub. L. 101-121 struck out cl. (4) which
    required a report on how funds in the Navajo Rehabilitation Trust
    Funds would be expended to carry out the purposes described in
    section 640d-30(d) of this title.
      1988 - Pub. L. 100-666 amended section generally, substituting
    subsecs. (a) and (b) for former subsecs. (a) to (c).
      1980 - Subsec. (c)(5). Pub. L. 96-305 substituted "ninety" for
    "thirty".

-FOOTNOTE-
    (!1) So in original. Probably should be "as".


-End-



-CITE-
    25 USC Sec. 640d-13                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d-13. Relocation of households and members

-STATUTE-
    (a) Authorization; time of completion; prohibition of further
      settlement of nonmembers without written approval; limit on
      grazing of livestock
      Consistent with section 640d-7 of this title and the order of the
    District Court issued pursuant to section 640d-2 or 640d-3 of this
    title, the Commissioner is authorized and directed to relocate
    pursuant to section 640d-7 of this title and such order all
    households and members thereof and their personal property,
    including livestock, from any lands partitioned to the tribe of
    which they are not members. The relocation shall take place in
    accordance with the relocation plan and shall be completed by the
    end of five years from the date on which the relocation plan takes
    effect. No further settlement of Navajo individuals on the lands
    partitioned to the Hopi Tribe pursuant to this subchapter or on the
    Hopi Reservation shall be permitted unless advance written approval
    of the Hopi Tribe is obtained. No further settlement of Hopi
    individuals on the lands partitioned to the Navajo Tribe pursuant
    to this subchapter or on the Navajo Reservation shall be permitted
    unless advance written approval of the Navajo Tribe is obtained. No
    individual shall hereafter be allowed to increase the number of
    livestock he grazes on any area partitioned pursuant to this
    subchapter to the tribe of which he is not a member, nor shall he
    retain any grazing rights in any such area subsequent to his
    relocation therefrom.
    (b) Additional payments to heads of household; time
      In addition to the payments made pursuant to section 640d-14 of
    this title, the Commissioner shall make payments to heads of
    households identified in the report prepared pursuant to section
    640d-12 of this title upon the date of relocation of such
    households, as determined by the Commissioner, in accordance with
    the following schedule:
        (1) the sum of $5,000 to each head of a household who, prior to
      the expiration of one year after the effective date of the
      relocation plan, contracts with the Commissioner to relocate;
        (2) the sum of $4,000 to each head of a household who is not
      eligible for the payment provided for in clause (1) of this
      subsection but who, prior to the expiration of two years after
      the effective date of the relocation plan, contracts with the
      Commissioner to relocate;
        (3) the sum of $3,000 to each head of a household who is not
      eligible for the payments provided for in clause (1) or (2) of
      this subsection but who, prior to the expiration of three years
      after the effective date of the relocation plan, contracts with
      the Commissioner to relocate; and
        (4) the sum of $2,000 to each head of a household who is not
      eligible for the payments provided for in clause (1), (2), or (3)
      of this subsection but who, prior to the expiration of four years
      after the effective date of the relocation plan, contracts with
      the Commissioner to relocate.
    (c) Payments to or for any person moving into partitioned area
      after May 29, 1974
      No payment shall be made pursuant to this section to or for any
    person who, after May 29, 1974, moved into an area partitioned
    pursuant to section 640d-7 of this title or section 640d-2 or 640d-
    3 of this title to a tribe of which he is not a member.

-SOURCE-
    (Pub. L. 93-531, Sec. 14, Dec. 22, 1974, 88 Stat. 1718; Pub. L. 100-
    666, Sec. 4(b), Nov. 16, 1988, 102 Stat. 3930.)


-MISC1-
                                AMENDMENTS                            
      1988 - Subsecs. (a), (b). Pub. L. 100-666 substituted
    "Commissioner" for "Commission" wherever appearing.

-End-



-CITE-
    25 USC Sec. 640d-14                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d-14. Relocation housing

-STATUTE-
    (a) Purchase of habitation and improvements from head of household;
      fair market value
      The Commissioner shall purchase from the head of each household
    whose household is required to relocate under the terms of this
    subchapter the habitation and other improvements owned by him on
    the area from which he is required to move. The purchase price
    shall be the fair market value of such habitation and improvements
    as determined under section 640d-12(b)(2) (!1) of this title.

    (b) Reimbursement for moving expenses; payment for replacement
      dwelling; limitations
      In addition to the payments made pursuant to subsection (a) of
    this section, the Commissioner shall:
        (1) reimburse each head of a household whose household is
      required to relocate pursuant to this subchapter for the actual
      reasonable moving expenses of the household as if the household
      members were displaced persons under section 202 of the Uniform
      Relocation Assistance and Real Property Acquisition Policies Act
      of 1970 (84 Stat. 1894) [42 U.S.C. 4622];
        (2) pay to each head of a household whose household is required
      to relocate pursuant to this subchapter an amount which, when
      added to the fair market value of the habitation and improvements
      purchased under subsection (a) of this section, equals the
      reasonable cost of a decent, safe, and sanitary replacement
      dwelling adequate to accommodate such household: Provided, That
      the additional payment authorized by this paragraph (2) shall not
      exceed $17,000 for a household of three or less and not more than
      $25,000 for a household of four or more, except that the
      Commissioner may, after consultation with the Secretary of
      Housing and Urban Development, annually increase or decrease such
      limitations to reflect changes in housing development and
      construction costs, other than costs of land, during the
      preceding year: Provided further, That the additional payment
      authorized by this subsection shall be made only to a head of a
      household required to relocate pursuant to this subchapter who
      purchases and occupies such replacement dwelling not later than
      the end of the two-year period beginning on the date on which he
      receives from the Commissioner final payment for the habitation
      and improvements purchased under subsection (a) of this section,
      or on the date on which such household moves from such
      habitation, whichever is the later date. The payments made
      pursuant to this paragraph (2) shall be used only for the purpose
      of obtaining decent, safe, and sanitary replacement dwellings
      adequate to accommodate the households relocated pursuant to this
      subchapter.
    (c) Establishment of standards consistent with other laws; payments
      to or for any person moving into partitioned area after specified
      time
      In implementing subsection (b) of this section, the Commissioner
    shall establish standards consistent with those established in the
    implementation of the Uniform Relocation Assistance and Real
    Property Acquisition Policies Act of 1970 (84 Stat. 1894) [42
    U.S.C. 4601 et seq.]. No payment shall be made pursuant to this
    section to or for any person who, later than one year prior to
    December 22, 1974, moved into an area partitioned pursuant to
    section 640d-7 of this title or section 640d-2 or 640d-3 of this
    title to a tribe of which he is not a member.
    (d) Methods of payment
      The Commissioner shall be responsible for the provision of
    housing for each household eligible for payments under this section
    in one of the following manners:
        (1) Should any head of household apply for and become a
      participant or homebuyer in a mutual help housing or other
      homeownership opportunity project undertaken under the United
      States Housing Act of 1937 (50 Stat. 888) as amended [42 U.S.C.
      1437 et seq.], or in any other federally assisted housing program
      now or hereafter established, the amounts payable with respect to
      such household under paragraph (2) of subsection (b) of this
      section and under subsection (a) of this section shall be paid to
      the local housing agency or sponsor involved as a voluntary
      equity payment and shall be credited against the outstanding
      indebtedness or purchase price of the household's home in the
      project in a manner which will accelerate to the maximum extent
      possible the achievement by that household of debt free
      homeownership.
        (2) Should any head of household wish to purchase or have
      constructed a dwelling which the Commissioner determines is
      decent, safe, sanitary, and adequate to accommodate the
      household, the amounts payable with respect to such household
      under paragraph (2) of subsection (b) of this section and under
      subsection (a) of this section shall be paid to such head of
      household in connection with such purchase or construction in a
      manner which the Commissioner determines will assure the use of
      the funds for such purpose.
        (3) Should any head of household not make timely arrangements
      for relocation housing, or should any head of household elect and
      enter into an agreement to have the Commissioner construct or
      acquire a home for the household, the Commissioner may use the
      amounts payable with respect to such household under paragraph
      (2) of subsection (b) of this section and under subsection (a) of
      this section for the construction or acquisition (including
      enlargement or rehabilitation if necessary) of a home and related
      facilities for such household: Provided, That, the Commissioner
      may combine the funds for any number of such households into one
      or more accounts from which the costs of such construction or
      acquisition may be paid on a project basis and the funds in such
      account or accounts shall remain available until expended:
      Provided further, That the title to each home constructed or
      acquired by the Commissioner pursuant to this paragraph shall be
      vested in the head of the household for which it was constructed
      or acquired upon occupancy by such household, but this shall not
      preclude such home being located on land held in trust by the
      United States.
    (e) Disposal of acquired dwellings and improvements
      The Commissioner is authorized to dispose of dwellings and other
    improvements acquired or constructed pursuant to this subchapter in
    such manner, including resale of such dwellings and improvements to
    members of the tribe exercising jurisdiction over the area at
    prices no higher than the acquisition or construction costs, as
    best effects section 640d-7 of this title and the order of the
    District Court pursuant to section 640d-2 or 640d-3 of this title.
    (f) Preferential treatment for heads of households of Navajo Tribe
      evicted from Hopi Reservation by judicial decision; restriction
      Notwithstanding any other provision of law to the contrary, the
    Commissioner shall on a preferential basis provide relocation
    assistance and relocation housing under subsections (b), (c), and
    (d) of this section to the head of each household of members of the
    Navajo Tribe who were evicted from the Hopi Indian Reservation as a
    consequence of the decision in the case of United States v. Kabinto
    (456 F.2d 1087 (1972)): Provided, That such heads of households
    have not already received equivalent assistance from Federal
    agencies.
    (g) Appeals of eligibility determinations
      Notwithstanding any other provision of law, appeals from any
    eligibility determination of the Relocation Commission,
    irrespective of the amount in controversy, shall be brought in the
    United States District Court for the District of Arizona.

-SOURCE-
    (Pub. L. 93-531, Sec. 15, Dec. 22, 1974, 88 Stat. 1719; Pub. L. 96-
    305, Sec. 7, July 8, 1980, 94 Stat. 932; Pub. L. 100-666, Secs.
    4(b), 10, Nov. 16, 1988, 102 Stat. 3930, 3934.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 640d-12 of this title, referred to in subsec. (a), was
    amended generally by Pub. L. 100-666, Sec. 4(d), Nov. 16, 1988, 102
    Stat. 3931, and as so amended, section 640d-12(b)(2) does not
    relate to fair market value of habitations and improvements.
    Provisions formerly contained in section 640d-12(b)(2) are covered
    in section 640d-12(b)(3).
      The Uniform Relocation Assistance and Real Property Acquisition
    Policies Act of 1970 (84 Stat. 1894), referred to in subsec. (c),
    is Pub. L. 91-646, Jan. 2, 1971, 84 Stat. 1894, as amended, which
    is classified generally to chapter 61 (Sec. 4601 et seq.) of Title
    42, The Public Health and Welfare. For complete classification of
    this Act to the Code, see Short Title note set out under section
    4601 of Title 42 and Tables.
      The United States Housing Act of 1937, referred to in subsec.
    (d)(1), is act Sept. 1, 1937, ch. 896, as revised generally by Pub.
    L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653,
    which is classified generally to chapter 8 (Sec. 1437 et seq.) of
    Title 42. For complete classification of this Act to the Code, see
    Short Title note set out under section 1437 of Title 42 and Tables.


-MISC1-
                                AMENDMENTS                            
      1988 - Subsecs. (a) to (f). Pub. L. 100-666, Sec. 4(b),
    substituted "Commissioner" for "Commission" wherever appearing.
      Subsec. (g). Pub. L. 100-666, Sec. 10, added subsec. (g).
      1980 - Subsec. (f). Pub. L. 96-305 added subsec. (f).

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    25 USC Sec. 640d-15                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d-15. Payment of fair rental value for use of lands
      subsequent to date of partition

-STATUTE-
    (a) Payment by Navajo Tribe
      The Navajo Tribe shall pay to the Hopi Tribe the fair rental
    value as determined by the Secretary for all use by Navajo
    individuals of any lands partitioned to the Hopi Tribe pursuant to
    sections 640d-7 and 640d-2 or 640d-3 of this title subsequent to
    the date of the partition thereof.
    (b) Payment by Hopi Tribe
      The Hopi Tribe shall pay to the Navajo Tribe the fair rental
    value as determined by the Secretary for all use by Hopi
    individuals of any lands partitioned to the Navajo Tribe pursuant
    to sections 640d-7 and 640d-2 or 640d-3 of this title subsequent to
    the date of the partition thereof.

-SOURCE-
    (Pub. L. 93-531, Sec. 16, Dec. 22, 1974, 88 Stat. 1720.)

-End-



-CITE-
    25 USC Sec. 640d-16                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d-16. Title, possession, and enjoyment of lands

-STATUTE-
    (a) Covered lands; jurisdiction of respective tribes over
      nonmembers
      Nothing in this subchapter shall effect the title, possession,
    and enjoyment of lands heretofore allotted to Hopi and Navajo
    individuals for which patents have been issued. Such Hopi
    individuals living on the Navajo Reservation shall be subject to
    the jurisdiction of the Navajo Tribe and such Navajo individuals
    living on the Hopi Reservation shall be subject to the jurisdiction
    of the Hopi Tribe.
    (b) Relocation of Federal employees
      Nothing in this subchapter shall require the relocation from any
    area partitioned pursuant to this subchapter of the household of
    any Navajo or Hopi individual who is employed by the Federal
    Government within such area or to prevent such employees or their
    households from residing in such areas in the future: Provided,
    That any such Federal employee who would, except for the provisions
    of this subsection, be relocated under the terms of this subchapter
    may elect to be so relocated.

-SOURCE-
    (Pub. L. 93-531, Sec. 17, Dec. 22, 1974, 88 Stat. 1720.)

-End-



-CITE-
    25 USC Sec. 640d-17                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d-17. Actions for accounting, fair value of grazing, and
      claims for damages to land

-STATUTE-
    (a) Authorization to commence and defend actions in District Court
      Either tribe, acting through the chairman of its tribal council,
    for and on behalf of the tribe, including all villages, clans, and
    individual members thereof, is hereby authorized to commence or
    defend in the District Court an action or actions against the other
    tribe for the following purposes if such action or actions are not
    settled pursuant to section 640d-2 or 640d-3 of this title:
        (1) for an accounting of all sums collected by either tribe
      since the 17th day of September 1957 as trader license fees or
      commissions, lease proceeds, or other similar charges for the
      doing of business or the use of lands within the joint use area,
      and judgment for one-half of all sums so collected, and not paid
      to the other tribe, together with interest at the rate of 6 per
      centum per annum compounded annually;
        (2) for the determination and recovery of the fair value of the
      grazing and agricultural use by either tribe and its individual
      members since the 28th day of September 1962 of the undivided one-
      half interest of the other tribe in the lands within the joint
      use area, together with interest at the rate of 6 per centum per
      annum compounded annually, notwithstanding the fact that the
      tribes are tenants in common of such lands; and
        (3) for the adjudication of any claims that either tribe may
      have against the other for damages to the lands to which title
      was quieted as aforesaid by the United States District Court for
      the District of Arizona in such tribes, share and share alike,
      subject to the trust title of the United States, without
      interest, notwithstanding the fact that such tribes are tenants
      in common of such lands: Provided, That the United States may be
      joined as a party to such an action and, in such case, the
      provisions of sections 1346(a)(2) and 1505 of title 28 shall not
      be applicable to such action.
    (b) Defenses
      Neither laches nor the statute of limitations shall constitute a
    defense to any action authorized by this subchapter for existing
    claims if commenced within two years from December 22, 1974, or one
    hundred and eighty days from the date of issuance of an order of
    the District Court pursuant to section 640d-2 or 640d-3 of this
    title, whichever is later.
    (c) Further original, ancillary or supplementary actions to insure
      quiet enjoyment
      Either tribe may institute such further original, ancillary, or
    supplementary actions against the other tribe as may be necessary
    or desirable to insure the quiet and peaceful enjoyment of the
    reservation lands of the tribes by the tribes and the members
    thereof, and to fully accomplish all objects and purposes of this
    subchapter. Such actions may be commenced in the District Court by
    either tribe against the other, acting through the chairman of its
    tribal council, for and on behalf of the tribe, including all
    villages, clans, and individual members thereof.
    (d) United States as party; judgments as claims against the United
      States
      Except as provided in clause (3) of subsection (a) of this
    section, the United States shall not be an indispensable party to
    any action or actions commenced pursuant to this section. Any
    judgment or judgments by the District Court in such action or
    actions shall not be regarded as a claim or claims against the
    United States.
    (e) Remedies
      All applicable provisional and final remedies and special
    proceedings provided for by the Federal Rules of Civil Procedure
    and all other remedies and processes available for the enforcement
    and collection of judgments in the district courts of the United
    States may be used in the enforcement and collection of judgments
    obtained pursuant to the provisions of this subchapter.

-SOURCE-
    (Pub. L. 93-531, Sec. 18, Dec. 22, 1974, 88 Stat. 1721.)

-End-



-CITE-
    25 USC Sec. 640d-18                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d-18. Reduction of livestock within joint use area

-STATUTE-
    (a) Institution of conservation practices
      Notwithstanding any provision of this subchapter, or any order of
    the District Court pursuant to section 640d-2 or 640d-3 of this
    title, the Secretary is authorized and directed to immediately
    commence reduction of the numbers of all the livestock now being
    grazed upon the lands within the joint use area and complete such
    reductions to carrying capacity of such lands, as determined by the
    usual range capacity standards as established by the Secretary
    after December 22, 1974. The Secretary is directed to institute
    such conservation practices and methods within such area as are
    necessary to restore the grazing potential of such area to the
    maximum extent feasible.
    (b) Survey location of monuments and fencing of boundaries
      The Secretary, upon the date of issuance of an order of the
    District Court pursuant to sections 640d-7 and 640d-2 or 640d-3 of
    this title, shall provide for the survey location of monuments, and
    fencing of boundaries of any lands partitioned pursuant to sections
    640d-7 and 640d-2 or 640d-3 of this title.
    (c) Completion of surveying, monumenting, and fencing operations
      and livestock reduction program
      (1) Surveying, monumenting, and fencing as required by subsection
    (b) of this section shall be completed within twelve months after
    July 8, 1980, with respect to lands partitioned pursuant to section
    640d-3 of this title and within twelve months after a final order
    of partition with respect to any lands partitioned pursuant to
    section 640d-7 of this title.
      (2) The livestock reduction program required under subsection (a)
    of this section shall be completed within eighteen months after
    July 8, 1980.

-SOURCE-
    (Pub. L. 93-531, Sec. 19, Dec. 22, 1974, 88 Stat. 1721; Pub. L. 96-
    305, Sec. 8, July 8, 1980, 94 Stat. 932.)


-MISC1-
                                AMENDMENTS                            
      1980 - Subsec. (c). Pub. L. 96-305 added subsec. (c).

-End-



-CITE-
    25 USC Sec. 640d-19                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d-19. Perpetual use of Cliff Spring as shrine for religious
      ceremonial purposes; boundary; piping of water for use by
      residents

-STATUTE-
      The members of the Hopi Tribe shall have perpetual use of Cliff
    Spring as shown on USGS 7 1/2  minute Quad named Toh Ne Zhonnie
    Spring, Arizona, Navajo County, dated 1968; and located 1,250 feet
    west and 200 feet south of the intersection of 36 degrees, 17
    minutes, 30 seconds north latitude and 110 degrees, 9 minutes west
    longitude, as a shrine for religious ceremonial purposes, together
    with the right to gather branches of fir trees growing within a 2-
    mile radius of said spring for use in such religious ceremonies,
    and the further right of ingress, egress, and regress between the
    Hopi Reservation and said spring. The Hopi Tribe is hereby
    authorized to fence said spring upon the boundary line as follows:
        Beginning at a point on the 36 degrees, 17 minutes, 30 seconds
      north latitude 500 feet west of its intersection with 110
      degrees, 9 minutes west longitude, the point of beginning;
        thence north 46 degrees west, 500 feet to a point on the rim
      top at elevation 6,900 feet;
        thence southwesterly 1,200 feet (in a straight line) following
      the 6,900 feet contour;
        thence 46 degrees east, 600 feet;
        thence north 38 degrees east, 1,300 feet to the point of
      beginning, 23.8 acres more or less: Provided, That, if and when
      such spring is fenced, the Hopi Tribe shall pipe the water
      therefrom to the edge of the boundary as hereinabove described
      for the use of residents of the area. The natural stand of fir
      trees within such 2-mile radius shall be conserved for such
      religious purposes.

-SOURCE-
    (Pub. L. 93-531, Sec. 20, Dec. 22, 1974, 88 Stat. 1722.)

-End-



-CITE-
    25 USC Sec. 640d-20                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d-20. Use and right of access to religious shrines on
      reservation of other tribe

-STATUTE-
      Notwithstanding anything contained in this subchapter to the
    contrary, the Secretary shall make reasonable provision for the use
    of and right of access to identified religious shrines for the
    members of each tribe on the reservation of the other tribe where
    such use and access are for religious purposes.

-SOURCE-
    (Pub. L. 93-531, Sec. 21, Dec. 22, 1974, 88 Stat. 1722.)

-End-



-CITE-
    25 USC Sec. 640d-21                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d-21. Payments not to be considered as income for
      eligibility under any other Federal or federally assisted program
      or for assistance under Social Security Act or for revenue
      purposes

-STATUTE-
      The availability of financial assistance or funds paid pursuant
    to this subchapter may not be considered as income or resources or
    otherwise utilized as the basis (1) for denying a household or
    member thereof participation in any federally assisted housing
    program or (2) for denying or reducing the financial assistance or
    other benefits to which such household or member would otherwise be
    entitled to under the Social Security Act [42 U.S.C. 301 et seq.]
    or any other Federal or federally assisted program. None of the
    funds provided under this subchapter shall be subject to Federal or
    State income taxes.

-SOURCE-
    (Pub. L. 93-531, Sec. 22, Dec. 22, 1974, 88 Stat. 1722.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in text, is act Aug. 14,
    1935, ch. 531, 49 Stat. 620, as amended, which is classified
    generally to chapter 7 (Sec. 301 et seq.) of Title 42, The Public
    Health and Welfare. For complete classification of this Act to the
    Code, see section 1305 of Title 42 and Tables.

-End-



-CITE-
    25 USC Sec. 640d-22                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d-22. Authorization for exchange of reservation lands;
      availability of additional relocation benefits; restrictions

-STATUTE-
      The Navajo and Hopi Tribes are hereby authorized to exchange
    lands which are part of their respective reservations. In the event
    that the tribes should negotiate and agree on an exchange of lands
    pursuant to authority granted herein the Commissioner shall make
    available 125 per centum of the relocation benefits provided in
    sections 640d-13 and 640d-14 of this title to members of either
    tribe living on land to be exchanged to other than his or her own
    tribe, except that such benefits shall be available only if, within
    one hundred and eighty days of the agreement, a majority of the
    adult members of the tribe who would be eligible to relocate from
    exchanged lands sign a contract with the Commissioner to relocate
    within twelve months of the agreement or such later time as
    determined by the Commissioner and such additional benefits shall
    only be paid to those who actually relocate within such period.

-SOURCE-
    (Pub. L. 93-531, Sec. 23, Dec. 22, 1974, 88 Stat. 1722; Pub. L. 96-
    305, Sec. 9, July 8, 1980, 94 Stat. 933; Pub. L. 100-666, Sec.
    4(b), Nov. 16, 1988, 102 Stat. 3930.)


-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-666 substituted "Commissioner" for
    "Commission" wherever appearing.
      1980 - Pub. L. 96-305 inserted provision authorizing the
    Commission, in the event that the tribes agree on an exchange of
    lands, to make available 125 per centum of the relocation benefits
    provided in sections 640d-13 and 640d-14 of this title to members
    of either tribe living on lands to be exchanged to other than his
    or her own tribe, provided that within 180 days of the agreement, a
    majority of the adult members of the tribe who would be eligible to
    relocate from exchanged lands contract with the Commission to
    relocate within 12 months of the agreement or such later time as
    the Commission determines and to pay these additional benefits only
    to those who actually relocate within such period.

-End-



-CITE-
    25 USC Sec. 640d-23                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d-23. Separability

-STATUTE-
      If any provision of this subchapter, or the application of any
    provision to any person, entity or circumstance, is held invalid,
    the remainder of this subchapter shall not be affected thereby.

-SOURCE-
    (Pub. L. 93-531, Sec. 24, Dec. 22, 1974, 88 Stat. 1722.)

-End-



-CITE-
    25 USC Sec. 640d-24                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d-24. Authorization of appropriations

-STATUTE-
    (a) Purposes; amounts
      (1) For the purpose of carrying out the provisions of section
    640d-14 of this title, there is hereby authorized to be
    appropriated not to exceed $31,500,000.
      (2) For the purpose of carrying out the provisions of section
    640d-18(a) of this title, there is hereby authorized to be
    appropriated not to exceed $10,000,000.
      (3) For the purpose of carrying out the provisions of section
    640d-18(b) of this title, there is hereby authorized to be
    appropriated not to exceed $500,000.
      (4) For the purpose of carrying out the provisions of section
    640d-13(b) of this title, there is hereby authorized to be
    appropriated not to exceed $13,000,000.
      (5) There is hereby authorized to be appropriated annually not to
    exceed $4,000,000 for the expenses of the Commissioner.
      (6) There is hereby authorized to be appropriated not to exceed
    $500,000 for the services and expenses of the Mediator and the
    assistants and consultants retained by him: Provided, That, any
    contrary provision of law notwithstanding, until such time as funds
    are appropriated and made available pursuant to this authorization,
    the Director of the Federal Mediation and Conciliation Service is
    authorized to provide for the services and expenses of the Mediator
    from any other appropriated funds available to him and to reimburse
    such appropriations when funds are appropriated pursuant to this
    authorization, such reimbursement to be credited to appropriations
    currently available at the time of receipt thereof.
      (7) For the purpose of carrying out the provisions of subsection
    (i) of section 640d-28 of this title, there is authorized to be
    appropriated, effective in fiscal year 1981, not to exceed
    $1,000,000 annually.
      (8) For the purposes of carrying out the provisions of section
    640d-14 of this title, there is authorized to be appropriated not
    to exceed $30,000,000 for each of fiscal years 2003 through 2008.
    (b) Availability of sums
      The funds appropriated pursuant to the authorizations provided in
    this subchapter shall remain available until expended.

-SOURCE-
    (Pub. L. 93-531, Sec. 25, Dec. 22, 1974, 88 Stat. 1722; Pub. L. 96-
    40, July 30, 1979, 93 Stat. 318; Pub. L. 96-305, Sec. 10, July 8,
    1980, 94 Stat. 933; Pub. L. 98-48, July 13, 1983, 97 Stat. 244;
    Pub. L. 100-666, Secs. 2, 4(b), Nov. 16, 1988, 102 Stat. 3929,
    3930; Pub. L. 102-180, Sec. 2, Dec. 2, 1991, 105 Stat. 1230; Pub.
    L. 104-15, Sec. 1, June 21, 1995, 109 Stat. 189; Pub. L. 104-301,
    Sec. 10, Oct. 11, 1996, 110 Stat. 3652; Pub. L. 108-204, title I,
    Sec. 102, Mar. 2, 2004, 118 Stat. 543.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(8). Pub. L. 108-204 substituted "for each of
    fiscal years 2003 through 2008" for "annually for fiscal years
    1995, 1996, 1997, 1998, 1999, and 2000".
      1996 - Subsec. (a)(8). Pub. L. 104-301 substituted "1996, 1997,
    1998, 1999, and 2000" for "1996, and 1997".
      1995 - Subsec. (a)(8). Pub. L. 104-15 substituted "1995, 1996,
    and 1997" for "1989, 1990, 1991, 1992, 1993, 1994, and 1995".
      1991 - Subsec. (a)(8). Pub. L. 102-180 substituted "1991, 1992,
    1993, 1994, and 1995" for "and 1991".
      1988 - Subsec. (a)(4). Pub. L. 100-666, Sec. 2(1), substituted
    "$13,000,000" for "$7,700,000".
      Subsec. (a)(5). Pub. L. 100-666, Sec. 4(b), substituted
    "Commissioner" for "Commission".
      Subsec. (a)(8). Pub. L. 100-666, Sec. 2(2), substituted
    "$30,000,000 annually for fiscal years 1989, 1990, and 1991" for
    "$15,000,000 annually for fiscal years 1983 through 1987".
      1983 - Subsec. (a)(4). Pub. L. 98-48, Sec. 1, substituted
    "$7,700,000" for "$5,500,000".
      Subsec. (a)(8). Pub. L. 98-48, Sec. 2, added par. (8).
      1980 - Subsec. (a)(5). Pub. L. 96-305, Sec. 10(a), substituted
    "$4,000,000" for "$1,000,000".
      Subsec. (a)(7). Pub. L. 96-305, Sec. 10(b), added par. (7).
      1979 - Subsec. (a)(5). Pub. L. 96-40 substituted "$1,000,000" for
    "$500,000".

-End-



-CITE-
    25 USC Sec. 640d-25                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d-25. Discretionary fund to expedite relocation efforts

-STATUTE-
    (a) Authorization of appropriations
      To facilitate and expedite the relocation efforts of the
    Commissioner, there is hereby authorized to be appropriated
    annually, effective in fiscal year 1981, not to exceed $6,000,000
    as a discretionary fund.
    (b) Authorized uses
      Funds appropriated under the authority of subsection (a) of this
    section may be used by the Commissioner for grants, contracts, or
    expenditures which significantly assist the Commissioner or assist
    the Navajo Tribe or Hopi Tribe in meeting the burdens imposed by
    this subchapter.
    (c) Funding and construction of Hopi high school and medical center
      The Secretary of the Interior and the Secretary of Health and
    Human Services, as appropriate, shall assign the highest priority,
    in the next fiscal year after July 8, 1980, to the funding and
    construction of the Hopi high school and Hopi medical center
    consistent with any plans already completed and approved by
    appropriate agencies of the respective departments.

-SOURCE-
    (Pub. L. 93-531, Sec. 27, as added Pub. L. 96-305, Sec. 11, July 8,
    1980, 94 Stat. 933; amended Pub. L. 100-666, Secs. 3, 4(b), Nov.
    16, 1988, 102 Stat. 3929, 3930.)


-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (a). Pub. L. 100-666, Sec. 4(b), substituted
    "Commissioner" for "Commission".
      Subsec. (b). Pub. L. 100-666, Sec. 3, amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows: "Such
    funds may only be used by the Commission to - 
        "(1) match or pay not to exceed 30 per centum of any grant,
      contract, or other expenditure of the Federal Government, State
      or local government, tribal government or chapter, or private
      organization for the benefit of the Navajo or Hopi Tribe, if such
      grant, contract, or expenditure would significantly assist the
      Commission in carrying out its responsibilities or assist either
      tribe in meeting the burdens imposed by this subchapter;
        "(2) engage or participate, either directly or by contract, in
      demonstration efforts to employ innovative energy or other
      technologies in providing housing and related facilities and
      services in the relocation and resettlement of individuals under
      this subchapter.
    Not to exceed 5 per centum of such funds may be used for the
    administrative expenses of the Commission in carrying out this
    section."

-End-



-CITE-
    25 USC Sec. 640d-26                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d-26. Implementation requirements

-STATUTE-
    (a) Environmental impact provisions
      No action taken pursuant to, in furtherance of, or as authorized
    by this subchapter, shall be deemed a major Federal action for
    purposes of the National Environmental Policy Act of 1969, as
    amended [42 U.S.C. 4321 et seq.].
    (b) Transfer of public lands
      Any transfer of public lands pursuant to this subchapter shall be
    made notwithstanding the provisions of sections 1782 and 1752(g) of
    title 43.

-SOURCE-
    (Pub. L. 93-531, Sec. 28, as added Pub. L. 96-305, Sec. 11, July 8,
    1980, 94 Stat. 933.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      National Environmental Policy Act of 1969, as amended, referred
    to in subsec. (a), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852,
    as amended, which is classified generally to chapter 55 (Sec. 4321
    et seq.) of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 4321 of Title 42 and Tables.

-End-



-CITE-
    25 USC Sec. 640d-27                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d-27. Attorney fees, costs and expenses for litigation or
      court action

-STATUTE-
    (a) Payment by Secretary; authorization of appropriations
      In any litigation or court action between or among the Hopi
    Tribe, the Navajo Tribe and the United States or any of its
    officials, departments, agencies, or instrumentalities, arising out
    of the interpretation or implementation of this subchapter, as
    amended, the Secretary shall pay, subject to the availability of
    appropriations, attorney's fees, costs and expenses as determined
    by the Secretary to be reasonable. For each tribe, there is hereby
    authorized to be appropriated not to exceed $120,000 in fiscal year
    1981, $130,000 in fiscal year 1982, $140,000 in fiscal year 1983,
    $150,000 in fiscal year 1984, and $160,000 in fiscal year 1985, and
    each succeeding year thereafter until such litigation or court
    action is finally completed.
    (b) Award by court; reimbursement to Secretary
      Upon the entry of a final judgment in any such litigation or
    court action, the court shall award reasonable attorney's fees,
    costs and expenses to the party, other than the United States or
    its officials, departments, agencies, or instrumentalities, which
    prevails or substantially prevails, where it finds that any
    opposing party has unreasonably initiated or contested such
    litigation. Any party to whom such an award has been made shall
    reimburse the United States out of such award to the extent that it
    has received payments pursuant to subsection (a) of this section.
    (c) Excess difference between award of court and award of Secretary
      treated as final judgment of Court of Claims
      To the extent that any award made to a party against the United
    States pursuant to subsection (b) of this section exceeds the
    amount paid to such party by the United States pursuant to
    subsection (a) of this section, such difference shall be treated as
    if it were a final judgment of the Court of Claims under section
    2517 of title 28.
    (d) Litigation or court actions applicable
      This section shall apply to any litigation or court action
    pending upon July 8, 1980, in which a final order, decree, judgment
    has not been entered, but shall not apply to any action authorized
    by section 640d-7 or 640d-17(a) of this title.

-SOURCE-
    (Pub. L. 93-531, Sec. 29, as added Pub. L. 96-305, Sec. 11, July 8,
    1980, 94 Stat. 934.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Court of Claims, referred to in subsec. (c), and the Court of
    Customs and Patent Appeals were merged effective Oct. 1, 1982, into
    a new United States Court of Appeals for the Federal Circuit by
    Pub. L. 97-164, Apr. 2, 1982, 96 Stat. 25, which also created a
    United States Claims Court [now United States Court of Federal
    Claims] that inherited the trial jurisdiction of the Court of
    Claims. See sections 48, 171 et seq., 791 et seq., and 1491 et seq.
    of Title 28, Judiciary and Judicial Procedure.

-End-



-CITE-
    25 USC Sec. 640d-28                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d-28. Life estates

-STATUTE-
    (a) Omitted
    (b) Application for lease; contents; filing date; extension
      Any Navajo head of household who desires to do so may submit an
    application for a life estate lease to the Commissioner. Such
    application shall contain such information as the Commissioner may
    prescribe by regulation, such regulation to be promulgated by the
    Commissioner within ninety days of July 8, 1980. To be considered,
    such application must be filed with the Commissioner on or before
    April 1, 1981: Provided, That the Commissioner may, for good cause,
    grant an extension of one hundred and eighty days.
    (c) Application groupings
      Upon receipt of applications filed pursuant to this section, the
    Commissioner shall group them in the following order:
        (A) Applicants who are determined to be at least 50 per centum
      disabled as certified by a physician approved by the
      Commissioner. Such applicants shall be ranked in the order of the
      severity of their disability.
        (B) Applicants who are not at least 50 per centum disabled
      shall be ranked in order of their age with oldest listed first
      and the youngest listed last: Provided, That, if any applicant
      physically resides in quarter quad Nos. 78 NW, 77 NE, 77 NW, 55
      SW, or 54 SE as designated on the Mediator's partition map, such
      applicant shall be given priority over another applicant of equal
      age.
        (C) Applicants who did not, as of December 22, 1974, and
      continuously thereafter, maintain a separate place of abode and
      actually remain domiciled on Hopi partitioned lands, and who, but
      for this subsection would be required to relocate, shall be
      rejected by the Commissioner.
        (D) Applicants who were not at least forty-nine years of age on
      December 22, 1974, or are not at least 50 per centum disabled,
      shall also be rejected by the Commissioner.
    (d) Number of leases; priorities
      The Commissioner shall have authority to award life estate leases
    to not more than one hundred and twenty applicants with first
    priority being given to applicants listed pursuant to subsection
    (c)(A) of this section and the next priority being given to the
    applicants listed pursuant to subsection (c)(B) of this section, in
    order of such listing.
    (e) Area; allowable livestock; assistance by Secretary in feeding
      livestock
      Each life estate lease shall consist of a fenced area not
    exceeding ninety acres of land which shall include the life
    tenant's present residence and may be used by the life tenant to
    feed not to exceed twenty-five sheep units per year or equivalent
    livestock. The Secretary, under existing authority, shall make
    available to life estate tenants such assistance during that
    tenure, as may be necessary to enable such tenant to feed such
    livestock at an adequate nutritional level.
    (f) Individuals permitted to reside; regulations
      No person may reside on a life estate other than the life tenant,
    his or her spouse, and minor dependents, and/or such persons who
    are necessarily present to provide for the care of the life tenant.
    The Commissioner shall promulgate regulations to carry out the
    intent of this subsection.
    (g) Termination
      The life estate tenure shall end by voluntary relinquishment, or
    at the death of the life tenant or the death of his or her spouse,
    whichever occurs last: Provided, That each survivorship right shall
    apply only to those persons who were lawfully married to each other
    on or before July 8, 1980.
    (h) Relocation benefits upon voluntary relinquishment; compensation
      upon death of life tenant or surviving spouse; relocation of
      dependents
      Nothing in this section shall be construed as prohibiting any
    such applicant who receives a life estate lease under this section
    from relinquishing, prior to its termination, such estate at any
    time and voluntarily relocating. Upon voluntary relinquishment of
    such estate, by such means or instrument as the Secretary shall
    prescribe, such applicant shall be entitled to relocation benefits
    from the Secretary comparable to those provided by section 640d-14
    of this title. For life estates terminated by the death of the life
    tenant or his or her surviving spouse, compensation shall be paid
    to the estate of the deceased life tenant or surviving spouse based
    on the fair market value of the habitation and improvements at the
    time of the expiration of such tenure and not before. Such payment
    shall be in lieu of any other payment pursuant to subsection (a) of
    section 640d-14 of this title. Assistance provided pursuant to
    section 640d-14(b) of this title, shall be paid to any head of
    household lawfully residing on such life estate pursuant to
    subsection (f) of this section who is required to move by the
    termination of such life estate by the death of the life tenant and
    his or her surviving spouse and who does not maintain a residence
    elsewhere. Compensation under section 640d-14(a) of this title
    shall be paid and distributed in accordance with the last will and
    testament of the life tenant or surviving spouse or, in the event
    no valid last will and testament is left, compensation shall be
    paid and distributed to his or her heirs in accordance with
    existing Federal law. Upon termination of a life estate by whatever
    means, the dependents residing with the individuals having such
    life estate so terminated shall have ninety days following such
    termination within which to relocate.
    (i) Payment of fair market rental value
      The Secretary shall pay, on an annual basis, the fair market
    rental value of such life estate leases to the tribe to whom the
    lands leased were partitioned.
    (j) Improvements
      Nothing in this subchapter or any other law shall be construed to
    prevent a life tenant from making reasonable improvements on the
    life estate which are related to the residence and agricultural
    purposes of the life tenancy.
    (k) Additional leases for Hopi heads of household
      The Commissioner is authorized to grant not to exceed ten
    additional life estate leases to Hopi heads of household residing
    on Navajo-partitioned lands under such terms of this section as may
    be appropriate.

-SOURCE-
    (Pub. L. 93-531, Sec. 30, as added Pub. L. 96-305, Sec. 11, July 8,
    1980, 94 Stat. 934; amended Pub. L. 100-666, Sec. 4(b), Nov. 16,
    1988, 102 Stat. 3930.)

-COD-
                               CODIFICATION                           
      Subsec. (a) provided for the repeal of section 640d-4(a)(4) of
    this title.


-MISC1-
                                AMENDMENTS                            
      1988 - Subsecs. (b) to (d), (f), (k). Pub. L. 100-666 substituted
    "Commissioner" for "Commission" wherever appearing.

-End-



-CITE-
    25 USC Sec. 640d-29                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d-29. Restrictions on lobbying; exception

-STATUTE-
      (a) Except as provided in subsection (b) of this section, no
    person or entity who has entered into a contract with the
    Commissioner to provide services under this subchapter may engage
    in activities designed to influence Federal legislation on any
    issue relating to the relocation required under this subchapter.
      (b) Subsection (a) of this section shall not apply to the Navajo
    Tribe or the Hopi Tribe, except that such tribes shall not spend
    any funds received from the Office in any activities designed to
    influence Federal legislation.

-SOURCE-
    (Pub. L. 93-531, Sec. 31, as added Pub. L. 100-666, Sec. 5, Nov.
    16, 1988, 102 Stat. 3931.)

-End-



-CITE-
    25 USC Sec. 640d-30                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d-30. Navajo Rehabilitation Trust Fund

-STATUTE-
    (a) Establishment
      There is hereby established in the Treasury of the United States
    a trust fund to be known as the "Navajo Rehabilitation Trust Fund",
    which shall consist of the funds transferred under subsection (b)
    of this section and of the funds appropriated pursuant to
    subsection (f) of this section and any interest or investment
    income accrued on such funds.
    (b) Deposit of income into Fund
      All of the net income derived by the Navajo Tribe from the
    surface and mineral estates of lands located in New Mexico that are
    acquired for the benefit of the Navajo Tribe under section 640d-10
    of this title shall be deposited into the Navajo Rehabilitation
    Trust Fund.
    (c) Secretary as trustee; investment of funds
      The Secretary shall be the trustee of the Navajo Rehabilitation
    Trust Fund and shall be responsible for investment of the funds in
    such Trust Fund.
    (d) Availability of funds; purposes
      Funds in the Navajo Rehabilitation Trust Fund, including any
    interest or investment accruing thereon, shall be available to the
    Navajo Tribe, with the approval of the Secretary, solely for
    purposes which will contribute to the continuing rehabilitation and
    improvement of the economic, educational, and social condition of
    families, and Navajo communities, that have been affected by - 
        (1) the decison (!1) in the Healing case, or related
      proceedings,

        (2) the provision (!2) of this subchapter, or

        (3) the establishment by the Secretary of the Interior of
      grazing district number 6 as land for the exclusive use of the
      Hopi Tribe.
    (e) Conceptual framework for expenditure of funds
      By December 1, 1989, the Secretary of the Interior, with the
    advice of the Navajo Tribe and the Office of Navajo and Hopi Indian
    Relocation, shall submit to the Congress a conceptual framework for
    the expenditure of the funds authorized for the Navajo
    Rehabilitation Trust Fund. Such framework is to be consistent with
    the purposes described in subsection (d) of this section.
    (f) Termination of Trust Fund
      The Navajo Rehabilitation Trust Fund shall terminate when, upon
    petition by the Navajo Tribe, the Secretary determines that the
    goals of the Trust Fund have been met and the United States has
    been reimbursed for funds appropriated under subsection (f) of this
    section. All funds in the Trust Fund on such date shall be
    transferred to the general trust funds of the Navajo Tribe.
    (g) Authorization of appropriations; reimbursement of General Fund
      There is hereby authorized to be appropriated for the Navajo
    Rehabilitation Trust Fund not (!3) exceed $10,000,000 in each of
    fiscal years 1990, 1991, 1992, 1993, 1994 and 1995. The income from
    the land referred to in subsection (b) of this section shall be
    used to reimburse the General Fund of the United States Treasury
    for amounts appropriated to the Fund.


-SOURCE-
    (Pub. L. 93-531, Sec. 32, as added Pub. L. 100-666, Sec. 7, Nov.
    16, 1988, 102 Stat. 3932; amended Pub. L. 101-121, title I, Sec.
    120, Oct. 23, 1989, 103 Stat. 722.)

-COD-
                               CODIFICATION                           
      Another section 32 of Pub. L. 93-531 was enacted by Pub. L. 100-
    696, title IV, Sec. 407, Nov. 18, 1988, 102 Stat. 4593, and is
    classified to section 640d-31 of this title.


-MISC1-
                                AMENDMENTS                            
      1989 - Subsecs. (e) to (g). Pub. L. 101-121 added subsec. (e) and
    redesignated former subsecs. (e) and (f) as (f) and (g),
    respectively.

-FOOTNOTE-
    (!1) So in original. Probably should be "decision".

    (!2) So in original. Probably should be "provisions".

    (!3) So in original. Probably should be "not to".


-End-



-CITE-
    25 USC Sec. 640d-31                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
           INTERESTS                                     

-HEAD-
    Sec. 640d-31. Residence of families eligible for relocation
      assistance

-STATUTE-
      Nothing in this subchapter prohibits the Commissioner from
    providing relocation assistance to families certified as eligible,
    regardless of their current place of residence, with funds
    appropriated to implement this subchapter.

-SOURCE-
    (Pub. L. 93-531, Sec. 32, as added Pub. L. 100-696, title IV, Sec.
    407, Nov. 18, 1988, 102 Stat. 4593.)

-COD-
                               CODIFICATION                           
      Another section 32 of Pub. L. 93-531 was enacted by Pub. L. 100-
    666, Sec. 7, Nov. 16, 1988, 102 Stat. 3932, and is classified to
    section 640d-30 of this title.

-End-


-CITE-
    25 USC SUBCHAPTER XXIII - HOPI TRIBE: INDUSTRIAL PARK       01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXIII - HOPI TRIBE: INDUSTRIAL PARK

-HEAD-
              SUBCHAPTER XXIII - HOPI TRIBE: INDUSTRIAL PARK          

-End-



-CITE-
    25 USC Sec. 641                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXIII - HOPI TRIBE: INDUSTRIAL PARK

-HEAD-
    Sec. 641. Congressional findings and declaration of purpose

-STATUTE-
      For the purpose of assisting in the economic advancement and
    contributing to the general welfare of the Hopi Indian Tribe of
    Arizona, the Congress hereby finds it to be fitting and appropriate
    to provide the Hopi Tribal Council with certain powers of self-
    determination that are necessary to enable the Hopi people to
    carry out the effective development and operation of the Hopi
    Industrial Park, which is located in the counties of Navajo and
    Coconino in the State of Arizona.

-SOURCE-
    (Pub. L. 91-264, Sec. 1, May 22, 1970, 84 Stat. 260.)

-End-



-CITE-
    25 USC Sec. 642                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXIII - HOPI TRIBE: INDUSTRIAL PARK

-HEAD-
    Sec. 642. Powers of Tribal Council

-STATUTE-
      The Hopi Tribal Council shall have the following powers:
    (a) Sale of lands
      To sell any part of the lands within the Hopi Industrial Park.
    (b) Mortgages or deeds of trust; law governing mortgage foreclosure
      or sale; United States as party; removal of cases; appeals
      To execute mortgages upon, or deeds of trust to, the lands within
    said Hopi Industrial Park. Such lands shall be subject to
    foreclosure or sale pursuant to the terms of such mortgage or deed
    to trust in accordance with the laws of the State of Arizona. The
    United States shall be an indispensable party to, and may be joined
    in, any such proceeding involving said lands with the right to
    remove the action to the United States district court for the
    district in which the land is situated, according to the procedure
    in section 1446 of title 28, and the United States shall have the
    right to appeal from any order of remand entered in such action.
    (c) Pledge of revenue or other income to secure indebtedness for
      development of park; law governing action to enforce pledge;
      United States as party
      To pledge any revenue or other income from lands within said Hopi
    Industrial Park, and the improvements situated thereon, and any
    other revenue or income that may be available to the Hopi Tribe
    without regard to source, to secure any indebtedness of the Hopi
    Tribe incurred in the development of said Hopi Industrial Park, and
    any action to enforce said pledge shall be in accordance with the
    laws of the State of Arizona, and the United States shall be an
    indispensable party thereto to the same extent and under the same
    conditions as hereinbefore provided in the case of mortgage
    foreclosures.
    (d) Issuance of bonds and payment of costs thereof; sale of bonds
      at public or private sale
      To issue bonds for and on behalf of the Hopi Tribe, and pay the
    costs thereof, to accomplish the purposes of this subchapter, in
    one or more series, in such denomination or denominations, maturing
    at such time or times, and in such amount or amounts, bearing
    interest at such rate or rates, in such form either coupon or
    registered, to be executed in such manner, payable in such medium
    of payment, at such place or places, subject to such terms of
    redemption, with or without premium, and containing such other
    restrictive terms as may be provided by tribal ordinance. Such
    bonds may be sold at not less than par at either public or private
    sale and shall be fully negotiable.
    (e) Appointment of bank or trust company as trustee for purposes of
      authorization and creation of issue of bonds; authority to
      commence action to enforce obligations to tribe without joining
      United States as party
      To appoint a bank or trust company with its home office in the
    State of Arizona having an officially reported combined capital,
    surplus, undivided profits and reserves aggregating not less than
    $10,000,000 as trustee for all of the purposes provided in the
    ordinance authorizing and creating any issue of bonds. Any trustee
    so appointed may be authorized to commence an action for and on
    behalf of, or on relation of, the Hopi Tribe to enforce any
    obligation to the tribe pledged to secure payment of the bonds
    without joining the United States as a party thereto.
    (f) Entering business ventures as shareholder, or as limited
      partner with corporation, firm or person operating within park
      To enter into any business venture as a shareholder of a
    corporation issuing nonassessable stock, or as a limited partner
    with any corporation, firm or person operating within said Hopi
    Industrial Park.
    (g) Lease of lands and improvements thereon
      To lease lands within the Hopi Industrial Park, any other tribal
    lands, and the improvements thereon, in accordance with the
    provisions of Federal laws.

-SOURCE-
    (Pub. L. 91-264, Sec. 2, May 22, 1970, 84 Stat. 260.)

-End-



-CITE-
    25 USC Sec. 643                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXIII - HOPI TRIBE: INDUSTRIAL PARK

-HEAD-
    Sec. 643. Council's powers subject to approval by Secretary

-STATUTE-
      The exercise of all powers granted the Hopi Tribal Council by
    this subchapter shall be subject to the approval of the Secretary
    of the Interior, or his duly authorized representatives.

-SOURCE-
    (Pub. L. 91-264, Sec. 3, May 22, 1970, 84 Stat. 261.)

-End-



-CITE-
    25 USC Sec. 644                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXIII - HOPI TRIBE: INDUSTRIAL PARK

-HEAD-
    Sec. 644. Bonds as valid and binding obligations

-STATUTE-
      Bonds issued by authority of this subchapter and bearing the
    signatures of tribal officers in office on the date of the signing
    thereof shall be valid and binding obligations, not withstanding
    that before the delivery thereof and payment therefor any or all of
    the persons whose signatures appear thereon have ceased to be
    officers of the Hopi Tribal Council.

-SOURCE-
    (Pub. L. 91-264, Sec. 4, May 22, 1970, 84 Stat. 261.)

-End-



-CITE-
    25 USC Sec. 645                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXIII - HOPI TRIBE: INDUSTRIAL PARK

-HEAD-
    Sec. 645. Exemption from taxation

-STATUTE-
      All bonds issued by the Hopi Tribal Council for and on behalf of
    the Hopi Tribe and the interest provided in said bonds shall be
    exempt from taxation to the same extent they would have been exempt
    if the bonds had been issued by the State of Arizona or a political
    subdivision thereof.

-SOURCE-
    (Pub. L. 91-264, Sec. 5, May 22, 1970, 84 Stat. 261.)

-End-



-CITE-
    25 USC Sec. 646                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXIII - HOPI TRIBE: INDUSTRIAL PARK

-HEAD-
    Sec. 646. Exempted securities

-STATUTE-
      Any securities issued by the Hopi Tribal Council (including any
    guarantee by such council), and any securities guaranteed by the
    council as to both principal and interest, shall be deemed to be
    exempted securities within the meaning of sections 77c(a)(2) and
    78e(a)(12) of title 15, and shall be exempt from all registration
    requirements of Acts of May 27, 1933, and June 6, 1934.

-SOURCE-
    (Pub. L. 91-264, Sec. 6, May 22, 1970, 84 Stat. 261.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Acts of May 27, 1933, and June 6, 1934, referred to in text, were
    in the original "said Acts", meaning act May 27, 1933, ch. 38, 48
    Stat. 74, as amended, and act June 6, 1934, ch. 404, 48 Stat. 881,
    as amended, which are known as the Securities Act of 1933 and the
    Securities Exchange Act of 1934, respectively. Act May 27, 1933, is
    classified generally to chapter 2A (Sec. 77a et seq.) of Title 15,
    Commerce and Trade, and act June 6, 1934, is classified principally
    to chapter 2B (Sec. 78a et seq.) of Title 15. For complete
    classification of these Acts to the Code, see Tables.

-End-


-CITE-
    25 USC SUBCHAPTER XXIV - HUALAPAI TRIBE                     01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXIV - HUALAPAI TRIBE

-HEAD-
                     SUBCHAPTER XXIV - HUALAPAI TRIBE                 

-End-



-CITE-
    25 USC Sec. 647                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXIV - HUALAPAI TRIBE

-HEAD-
    Sec. 647. Disposition of judgment fund; deductions; advances,
      expenditures, investments or reinvestments for authorized
      purposes

-STATUTE-
      The unexpended balance of funds on deposit in the Treasury of the
    United States to the credit of the Hualapai Tribe of Indians that
    were appropriated to pay a judgment granted by the Indian Claims
    Commission in dockets Numbered 90 and 122, and the interest
    thereon, less payment of attorney fees and expenses, may be
    advanced, expended, invested or reinvested for any purpose that is
    authorized by the tribal governing body and approved by the
    Secretary of the Interior.

-SOURCE-
    (Pub. L. 91-400, Sec. 1, Sept. 16, 1970, 84 Stat. 838.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 648                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXIV - HUALAPAI TRIBE

-HEAD-
    Sec. 648. Tax exemption

-STATUTE-
      Any part of such funds that may be distributed to members of the
    tribe shall not be subject to Federal or State income tax.

-SOURCE-
    (Pub. L. 91-400, Sec. 2, Sept. 16, 1970, 84 Stat. 838.)

-End-



-CITE-
    25 USC Sec. 649                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXIV - HUALAPAI TRIBE

-HEAD-
    Sec. 649. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to prescribe rules
    and regulations to carry out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 91-400, Sec. 3, Sept. 16, 1970, 84 Stat. 838.)

-End-


-CITE-
    25 USC SUBCHAPTER XXV - INDIANS OF CALIFORNIA               01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXV - INDIANS OF CALIFORNIA

-HEAD-
                  SUBCHAPTER XXV - INDIANS OF CALIFORNIA              

-End-



-CITE-
    25 USC Sec. 651                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXV - INDIANS OF CALIFORNIA

-HEAD-
    Sec. 651. "Indians of California" defined

-STATUTE-
      For the purposes of this subchapter the Indians of California
    shall be defined to be all Indians who were residing in the State
    of California on June 1, 1852, and their descendants now living in
    said State.

-SOURCE-
    (May 18, 1928, ch. 624, Sec. 1, 45 Stat. 602.)


-MISC1-
                       SHORT TITLE OF 1998 AMENDMENT                   
      Pub. L. 105-294, Sec. 1, Oct. 27, 1998, 112 Stat. 2818, provided
    that: "This Act [amending provisions set out as a note below] may
    be cited as the 'Advisory Council on California Indian Policy
    Extension Act of 1998'."

         ADVISORY COUNCIL ON CALIFORNIA INDIAN POLICY ACT OF 1992     
      Pub. L. 102-416, Oct. 14, 1992, 106 Stat. 2131, as amended by
    Pub. L. 104-109, Sec. 14, Feb. 12, 1996, 110 Stat. 766; Pub. L. 105-
    294, Sec. 3, Oct. 27, 1998, 112 Stat. 2818, provided for the
    establishment of Advisory Council on California Indian Policy,
    consisting of 18 members, to develop list of tribes, to conduct a
    study of policies and programs affecting California Indians, to
    submit a report on the study no later than 36 months after first
    meeting of the Council, and to work with Congress, the Secretary,
    the Secretary of Health and Human Services, and the California
    Indian tribes, to implement the Council's proposals and
    recommendations, authorized the Council to appoint staff, hold
    hearings, establish task forces, accept funding from sources other
    than Federal government, and secure information from other Federal
    agencies, provided for termination of the Council on Mar. 31, 2000,
    and authorized $700,000 in appropriations to carry out the
    provisions of this Act.

                            REPORT TO CONGRESS                        
      Act June 8, 1954, ch. 271, Sec. 2, 68 Stat. 240, directed
    Secretary of the Interior to transmit to Congress on or before Aug.
    31, 1955, a full and complete report of funds used and purposes
    accomplished to carry out provisions of this Act [amending section
    657 of this title] and act approved May 18, 1928 (45 Stat. 602), as
    amended by acts of April 29, 1930 (46 Stat. 259); and June 30, 1948
    (62 Stat. 1166); and May 24, 1950 (64 Stat. 189) [this subchapter].

-End-



-CITE-
    25 USC Sec. 652                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXV - INDIANS OF CALIFORNIA

-HEAD-
    Sec. 652. Claims against United States for appropriated lands;
      submission to United States Court of Federal Claims; appeal;
      grounds for relief

-STATUTE-
      All claims of whatsoever nature the Indians of California as
    defined in section 651 of this title may have against the United
    States by reason of lands taken from them in the State of
    California by the United States without compensation, or for the
    failure or refusal of the United States to compensate them for
    their interest in lands in said State which the United States
    appropriated to its own purposes without the consent of said
    Indians, may be submitted to the United States Court of Federal
    Claims by the attorney general of the State of California acting
    for and on behalf of said Indians for determination of the
    equitable amount due said Indians from the United States; and
    jurisdiction is conferred upon the United States Court of Federal
    Claims,(!1) to hear and determine all such equitable claims of said
    Indians against the United States and to render final decree
    thereon.

      It is declared that the loss to the said Indians on account of
    their failure to secure the lands and compensation provided for in
    the eighteen unratified treaties is sufficient ground for equitable
    relief.

-SOURCE-
    (May 18, 1928, ch. 624, Sec. 2, 45 Stat. 602; Pub. L. 97-164, title
    I, Sec. 150, Apr. 2, 1982, 96 Stat. 46; Pub. L. 100-352, Sec. 6(b),
    June 27, 1988, 102 Stat. 663; Pub. L. 102-572, title IX, Sec.
    902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)


-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-572 substituted "United States Court of
    Federal Claims" for "United States Claims Court" in two places.
      1988 - Pub. L. 100-352 struck out ", with the right of either
    party to appeal to the United States Court of Appeals for the
    Federal Circuit" before ", to hear and determine".
      1982 - Pub. L. 97-164 substituted "United States Claims Court"
    for "Court of Claims" and for "Court of Claims of the United
    States" and substituted "United States Court of Appeals for the
    Federal Circuit" for "Supreme Court of the United States".

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
    911 of Pub. L. 102-572, set out as a note under section 171 of
    Title 28, Judiciary and Judicial Procedure.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-352 effective ninety days after June 27,
    1988, except that such amendment not to apply to cases pending in
    Supreme Court on such effective date or affect right to review or
    manner of reviewing judgment or decree of court which was entered
    before such effective date, see section 7 of Pub. L. 100-352, set
    out as a note under section 1254 of Title 28, Judiciary and
    Judicial Procedure.

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section
    402 of Pub. L. 97-164, set out as a note under section 171 of Title
    28, Judiciary and Judicial Procedure.

-FOOTNOTE-
    (!1) So in original. The comma probably should not appear.


-End-



-CITE-
    25 USC Sec. 653                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXV - INDIANS OF CALIFORNIA

-HEAD-
    Sec. 653. Statutes of limitations unavailable against claims;
      amount of decree; set-off

-STATUTE-
      If any claim or claims be submitted to said courts, they shall
    settle the equitable rights therein, notwithstanding lapse of time
    or statutes of limitation or the fact that the said claim or claims
    have not been presented to any other tribunal, including the
    commission created by the Act of March 3, 1851 (Ninth Statutes at
    Large, page 631): Provided, That any decree for said Indians shall
    be for an amount equal to the just value of the compensation
    provided or proposed for the Indians in those certain eighteen
    unratified treaties executed by the chiefs and head men of the
    several tribes and bands of Indians of California and submitted to
    the Senate of the United States by the President of the United
    States for ratification on the 1st day of June, 1852, including the
    lands described therein at $1.25 per acre. Any payment which may
    have been made by the United States or moneys heretofore or
    hereafter expended to date of award for the benefit of the Indians
    of California, made under specific appropriations for the support,
    education, health, and civilization of Indians in California,
    including purchases of land, shall not be pleaded as an estoppel
    but may be pleaded by way of set-off.

-SOURCE-
    (May 18, 1928, ch. 624, Sec. 3, 45 Stat. 602.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of March 3, 1851, referred to in text, is act Mar. 3, 1851,
    ch. 41, 9 Stat. 631, which was not classified to the Code.

-End-



-CITE-
    25 USC Sec. 654                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXV - INDIANS OF CALIFORNIA

-HEAD-
    Sec. 654. Claims presented by petition; filing date; amendment;
      signature and verification; official letters, documents, etc.,
      furnished

-STATUTE-
      The claims of the Indians of California under the provisions of
    this subchapter shall be presented by petition, which shall be
    filed within three years after May 18, 1928. Said petition shall be
    subject to amendment. The petition shall be signed and verified by
    the attorney general of the State of California. Verification may
    be upon information and belief as to the facts alleged. Official
    letters, papers, documents, and public records, or certified copies
    thereof, may be used in evidence and the departments of the
    Government shall give the said attorney access to such papers,
    correspondence, or furnish such certified copies of record as may
    be necessary in the premises free of cost.

-SOURCE-
    (May 18, 1928, ch. 624, Sec. 4, 45 Stat. 602.)

-End-



-CITE-
    25 USC Sec. 655                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXV - INDIANS OF CALIFORNIA

-HEAD-
    Sec. 655. Reimbursement of State of California for necessary costs
      and expenses

-STATUTE-
      In the event that the court renders judgment against the United
    States under the provisions of this subchapter, it shall decree
    such amount as it finds reasonable to be paid to the State of
    California to reimburse the State for all necessary costs and
    expenses incurred by said State, other than attorney fees:
    Provided, That no reimbursement shall be made to the State of
    California for the services rendered by its attorney general.

-SOURCE-
    (May 18, 1928, ch. 624, Sec. 5, 45 Stat. 602.)

-End-



-CITE-
    25 USC Sec. 656                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXV - INDIANS OF CALIFORNIA

-HEAD-
    Sec. 656. Judgment amount deposited in Treasury to credit of
      Indians; interest rate; use of fund

-STATUTE-
      The amount of any judgment shall be placed in the Treasury of the
    United States to the credit of the Indians of California and shall
    draw interest at the rate of 4 per centum per annum and shall be
    thereafter subject to appropriation by Congress for educational,
    health, industrial, and other purposes for the benefit of said
    Indians, including the purchase of lands and building of homes, and
    no part of said judgment shall be paid out in per capita payments
    to said Indians: Provided, That the Secretary of the Treasury is
    authorized and directed to pay to the State of California, out of
    the proceeds of the judgment when appropriated, the amount decreed
    by the court to be due said State, as provided in section 655 of
    this title.

-SOURCE-
    (May 18, 1928, ch. 624, Sec. 6, 45 Stat. 603.)

-End-



-CITE-
    25 USC Sec. 657                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXV - INDIANS OF CALIFORNIA

-HEAD-
    Sec. 657. Revision of roll of Indians

-STATUTE-
      The Secretary of the Interior, under such regulations as he may
    prescribe, is authorized and directed to revise the roll of the
    Indians of California, as defined in section 651 of this title,
    which was approved by him on May 16, 1933, in the following
    particulars: (a) By adding to said roll the names of persons who
    filed applications for enrollment as Indians of California on or
    before May 18, 1932, and who, although determined to be descendants
    of the Indians residing in the State of California on June 1, 1852,
    were denied enrollment solely on the ground that they were not
    living in the State of California on May 18, 1928, and who were
    alive on May 24, 1950; (b) by adding to said roll the names of
    persons who are descendants of the Indians residing in the State of
    California on June 1, 1852, and who are the fathers, mothers,
    brothers, sisters, uncles, or aunts of persons whose names appear
    on said roll, and who were alive on May 24, 1950, irrespective of
    whether such fathers, mothers, brothers, sisters, uncles, or aunts
    were living in the State of California on May 18, 1928; (c) by
    adding to said roll the names of persons born since May 18, 1928,
    and living on May 24, 1950, who are the children or other
    descendants of persons whose names appear on said roll, or of
    persons whose names are eligible for addition to said roll under
    clauses (a) or (b) of this section, or of persons dying prior to
    May 24, 1950, whose names would have been eligible for addition to
    said roll under clauses (a) or (b) of this section if such persons
    had been alive on May 24, 1950; and (d) by removing from said roll
    the names of persons who have died since May 18, 1928, and prior to
    May 24, 1950. Persons entitled to enrollment under clause (a) of
    this section shall be enrolled by the Secretary of the Interior
    without further application. Persons claiming to be entitled to
    enrollment under clauses (b) or (c) of this section shall, within
    one year after May 24, 1950, make an application in writing to the
    Secretary of the Interior for enrollment, unless they have
    previously filed such an application under this section. For the
    purposes of clause (d) of this section, when the Secretary of the
    Interior is satisfied that reasonable and diligent efforts have
    been made to locate a person whose name is on said roll and that
    such person cannot be located, he may presume that such person died
    prior to May 24, 1950, and his presumption shall be conclusive. The
    Secretary of the Interior shall prepare not less than five hundred
    copies of an alphabetical list of the Indians of California whose
    names appear on the roll approved on May 16, 1933, giving the name,
    address, and age at time of enrollment of each such enrollee,
    together with such other factual information, if any, as the
    Secretary may deem advisable as tending to identify each enrollee,
    and shall distribute copies of this list to the various communities
    of California Indians. The Indians of California in each community
    may elect a committee of three enrollees who may aid the enrolling
    agent in any matters relating to the revision of said roll. After
    the expiration of the period allowed by this section for filing
    applications, the Secretary of the Interior shall have until June
    30, 1955, to approve and promulgate the revised roll of the Indians
    of California provided for in this section. Upon such approval and
    promulgation, the roll shall be closed and thereafter no additional
    names shall be added thereto.

-SOURCE-
    (May 18, 1928, ch. 624, Sec. 7, 45 Stat. 603; Apr. 29, 1930, ch.
    222, 46 Stat. 259; June 30, 1948, ch. 765, Sec. 1, 62 Stat. 1166;
    May 24, 1950, ch. 196, Sec. 1, 64 Stat. 189; June 8, 1954, ch. 271,
    Sec. 1, 68 Stat. 240.)


-MISC1-
                                AMENDMENTS                            
      1954 - Act June 8, 1954, inserted sentence providing for
    presumption of death, for purposes of cl. (d), after failure to
    locate, and extended to June 30, 1955, time for approving and
    promulgating revised roll.
      1950 - Act May 24, 1950, permitted revision of roll to include
    certain classes of Indians not previously eligible for inclusion.
      1948 - Act June 30, 1948, amended section generally to permit
    Secretary of the Interior to revise roll of Indians.
      1930 - Act Apr. 29, 1930, increased time within which an Indian
    could make application to be enrolled, and increased time within
    which Secretary of the Interior could alter and revise roll.

                              APPROPRIATIONS                          
      Section 2 of act June 30, 1948, authorized $25,000 for the
    Secretary of the Interior to be used to defray the expense incurred
    in revising the roll as provided for in this section.

-End-



-CITE-
    25 USC Sec. 658                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXV - INDIANS OF CALIFORNIA

-HEAD-
    Sec. 658. Distribution of $150 from fund to each enrolled Indian

-STATUTE-
      Notwithstanding the provisions of section 656 of this title, the
    Secretary of the Interior, under such regulations as he may
    prescribe, is authorized and directed to distribute per capita the
    sum of $150 to each Indian of California living on May 24, 1950,
    who is now or may hereafter be enrolled under sections 651 and 657
    of this title. The Secretary of the Interior may, in his
    discretion, make such distribution from time to time to persons on
    the roll of the Indians of California approved on May 16, 1933, as
    he identifies such enrollees, before the completion of the revised
    roll provided for in section 657 of this title. The Secretary of
    the Interior is authorized to withdraw from the fund on deposit in
    the Treasury of the United States arising from the judgment in
    favor of the Indians of California entered by the Court of Claims
    on December 4, 1944, and appropriated for them by section 203 of
    the Act of April 25, 1945 (59 Stat. 77), such sums as may be
    necessary to make the per capita payments required by this section,
    including not to exceed $15,000 for the purpose of defraying the
    expenses incident to carrying out the provisions of sections 657
    and 658 of this title. Such payments shall be made out of the
    accumulated interest on such judgment fund and so much of the
    principal thereof as is necessary to complete the payments. The
    money paid to enrollees pursuant to this section shall not be
    subject to any lien or claim of any nature against any such
    persons, except for debts owing to the United States.

-SOURCE-
    (May 24, 1950, ch. 196, Sec. 2, 64 Stat. 190.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Court of Claims, referred to in text, and the Court of
    Customs and Patent Appeals were merged effective Oct. 1, 1982, into
    a new United States Court of Appeals for the Federal Circuit by
    Pub. L. 97-164, Apr. 2, 1982, 96 Stat. 25, which also created a
    United States Claims Court [now United States Court of Federal
    Claims] that inherited the trial jurisdiction of the Court of
    Claims. See sections 48, 171 et seq., 791 et seq., and 1491 et seq.
    of Title 28, Judiciary and Judicial Procedure.
      Section 203 of the Act of April 25, 1945, referred to in text, is
    section 203 of act Apr. 25, 1945, ch. 95, title II, 59 Stat. 94,
    which was not classified to the Code.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act May 18, 1928, ch. 624, 45
    Stat. 602, which comprises this subchapter.

-End-



-CITE-
    25 USC Sec. 659                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXV - INDIANS OF CALIFORNIA

-HEAD-
    Sec. 659. Distribution of judgment fund

-STATUTE-
    (a) Preparation of Indian roll
      The Secretary of the Interior shall prepare a roll of persons of
    Indian blood who apply for inclusion thereon and (i) whose names or
    the name of a lineal or collateral relative appears on any of the
    approved rolls heretofore prepared pursuant to this subchapter and
    the amendments thereto or (ii) who can establish, to the
    satisfaction of the Secretary, lineal or collateral relationship to
    an Indian who resided in California on June 1, 1852, and (iii) who
    were born on or before and were living on September 21, 1968.
    (b) Contents
      The roll so prepared shall indicate, as nearly as possible, the
    group or groups of Indians of California with which the ancestors
    of each enrollee were affiliated on June 1, 1852. If the
    affiliation of an enrollee's ancestors on that date is unknown, it
    shall be presumed to be the same as that of the ancestors'
    relatives whose affiliation is known unless there is sound reason
    to believe otherwise. Applicants whose ancestry is derived partly
    from one of the groups named in section 660(b) of this title and
    partly from another group of Indians in California shall elect the
    affiliation to be shown for them on the roll.
    (c) Application for enrollment
      Application for enrollment shall be filed with the Area Director
    of the Bureau of Indian Affairs, Sacramento, California, on forms
    prescribed for that purpose.

-SOURCE-
    (Pub. L. 90-507, Sec. 1, Sept. 21, 1968, 82 Stat. 860.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act May 18, 1928, ch. 624, 45
    Stat. 602, which comprises this subchapter.

-End-



-CITE-
    25 USC Sec. 660                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXV - INDIANS OF CALIFORNIA

-HEAD-
    Sec. 660. Equal share distribution of 1964 appropriation

-STATUTE-
    (a) Persons covered; amounts
      The Secretary shall distribute to each person whose name appears
    on the roll prepared pursuant to section 659 of this title, except
    those whose ancestry is derived from one or more of the groups
    named in subsection (b) of this section, an equal share of the
    moneys which were appropriated by the Act of October 7, 1964 (78
    Stat. 1033), in satisfaction of the judgment of the Indian Claims
    Commission in consolidated dockets numbered 31, 37, 80, 80-D, and
    347, plus the interest earned thereon, minus attorneys fees,
    litigation expenses (including the reimbursement of funds expended
    under authority of the Acts of July 1, 1946 (60 Stat. 348), August
    4, 1955 (69 Stat. 460), and July 14, 1960 (74 Stat. 512)), a proper
    share of the costs of roll preparation, and such amounts as may be
    required to effect the distribution.
    (b) Persons excepted
      Persons whose ancestry is derived solely from one or more of the
    following groups and persons of mixed ancestry who elected to
    share, other than as heirs or legatees of enrollees, in any award
    granted to any of the following groups shall not share in the funds
    distributed pursuant to subsection (a) of this section: Northern
    Paiute, Southern Paiute, Mohave, Quechan (Yuma), Chemehuevi,
    Shoshone, Washoe, Klamath, Modoc, and Yahooskin Band of Snakes.

-SOURCE-
    (Pub. L. 90-507, Sec. 2, Sept. 21, 1968, 82 Stat. 860.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of October 7, 1964, referred to in subsec. (a), is act Oct.
    7, 1964, Pub. L. 88-635, 78 Stat. 1033, known as the Supplemental
    Appropriation Act, 1965. That portion of the act which appropriated
    the funds referred to was not classified to the Code.
      The Indian Claims Commission, referred to in subsec. (a),
    terminated Sept. 30, 1978. See Codification note set out under
    former section 70 et seq. of this title.
      Acts of July 1, 1946, August 4, 1955, and July 14, 1960, referred
    to in subsec. (a), are, respectively, act July 1, 1946, ch. 529, 60
    Stat. 348, known as the Interior Department Appropriation Act,
    1947, act Aug. 4, 1955, ch. 541, 69 Stat. 450, known as the
    Supplemental Appropriation Act, 1956, and act July 14, 1960, Pub.
    L. 86-651, 74 Stat. 509, known as the Supplemental Appropriation
    Act, 1961. Those portions of the acts which appropriated the funds
    referred to were not classified to the Code.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act May 18, 1928, ch. 624, 45
    Stat. 602, which comprises this subchapter.

-End-



-CITE-
    25 USC Sec. 661                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXV - INDIANS OF CALIFORNIA

-HEAD-
    Sec. 661. Equal share distribution of undistributed balance of 1945
      appropriation

-STATUTE-
    (a) Persons covered; amounts
      The Secretary shall distribute to each person whose name appears
    on the roll prepared pursuant to section 659 of this title
    regardless of group affiliation an equal share of the undistributed
    balance of the moneys appropriated in satisfaction of the judgment
    of the Court of Claims in the case of The Indians of California
    against United States (102 Court of Claims 837; 59 Stat. 94), plus
    the interest earned thereon, including the reimbursed moneys and
    unexpended balances of the funds established by the Acts of July 1,
    1946 (60 Stat. 348), August 4, 1955 (69 Stat. 460), and July 14,
    1960 (74 Stat. 512), minus a proper share of the costs of roll
    preparation and such amounts as may be necessary to effect the
    distribution.
    (b) Credit to judgment account
      The Secretary of the Treasury is authorized and directed to
    credit to the judgment account referred to in subsection (a) of
    this section, for distribution as a part of such account, the sum
    of $83,275, plus interest at 4 per centum per annum from December
    4, 1944, which sum represents the value of sixty-six thousand six
    hundred and twenty acres of land erroneously used as an offset
    against said judgment.

-SOURCE-
    (Pub. L. 90-507, Sec. 3, Sept. 21, 1968, 82 Stat. 860; Pub. L. 91-
    64, Aug. 25, 1969, 83 Stat. 105.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The moneys appropriated in satisfaction of the judgment of the
    Court of Claims in the case of The Indians of California against
    United States (102 Court of Claims 837; 59 Stat. 94), referred to
    in subsec. (a), are the moneys appropriated by act Apr. 25, 1945,
    ch. 95, 59 Stat. 77, known as the First Deficiency Appropriations
    Act, 1945. That portion of the act which appropriated the moneys
    referred to was not classified to the Code.
      The Court of Claims, referred to in text, and the Court of
    Customs and Patent Appeals were merged effective Oct. 1, 1982, into
    a new United States Court of Appeals for the Federal Circuit by
    Pub. L. 97-164, Apr. 2, 1982, 96 Stat. 25, which also created a
    United States Claims Court [now United States Court of Federal
    Claims] that inherited the trial jurisdiction of the Court of
    Claims. See sections 48, 171 et seq., 791 et seq., and 1491 et seq.
    of Title 28, Judiciary and Judicial Procedure.
      Acts of July 1, 1946, August 4, 1955, and July 14, 1960, referred
    to in subsec. (a), are, respectively, act July 1, 1946, ch. 529, 60
    Stat. 348, known as the Interior Department Appropriation Act,
    1947, act Aug. 4, 1955, ch. 541, 69 Stat. 450, known as the
    Supplemental Appropriation Act, 1956, and act July 14, 1960, Pub.
    L. 86-651, 74 Stat. 509, known as the Supplemental Appropriation
    Act, 1961. Those portions of the acts which appropriated the funds
    referred to were not classified to the Code.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act May 18, 1928, ch. 624, 45
    Stat. 602, which comprises this subchapter.


-MISC1-
                                AMENDMENTS                            
      1969 - Pub. L. 91-64 designated existing provisions as subsec.
    (a) and added subsec. (b).

-End-



-CITE-
    25 USC Sec. 662                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXV - INDIANS OF CALIFORNIA

-HEAD-
    Sec. 662. Heirs of deceased enrollees; tax exemption

-STATUTE-
      Each share distributable to an enrollee under sections 660 and
    661 of this title shall be paid directly to the enrollee or, if he
    is deceased at the time of distribution, to his heirs or legatees
    unless the distributee is under twenty-one years of age or is
    otherwise under legal disability, in which case such disposition
    shall be made of the share as the Secretary determines will
    adequately protect the best interests of the distributee. Funds
    distributed under sections 659 to 663 of this title shall not be
    subject to Federal or State income taxes.

-SOURCE-
    (Pub. L. 90-507, Sec. 4, Sept. 21, 1968, 82 Stat. 861.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act May 18, 1928, ch. 624, 45
    Stat. 602, which comprises this subchapter.

-End-



-CITE-
    25 USC Sec. 663                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXV - INDIANS OF CALIFORNIA

-HEAD-
    Sec. 663. Rules and regulations; filing deadline

-STATUTE-
      The Secretary is authorized to prescribe rules and regulations to
    carry out the provisions of sections 659 to 663 of this title,
    which rules and regulations shall include an appropriate deadline
    for the filing of applications for enrollment under section 659 of
    this title. The determinations of the Secretary regarding
    eligibility for enrollment, the affiliation of an applicant's
    ancestors, and the shares of the cost of roll preparation to be
    charged to each of the two funds referred to in sections 660 and
    661 of this title shall be final. Not more than $325,000 in all
    shall be available under sections 659 to 663 of this title for the
    costs of roll preparation and of the distribution of shares.

-SOURCE-
    (Pub. L. 90-507, Sec. 5, Sept. 21, 1968, 82 Stat. 861.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act May 18, 1928, ch. 624, 45
    Stat. 602, which comprises this subchapter.

-End-


-CITE-
    25 USC SUBCHAPTER XXVI - SOUTHERN UTE INDIAN TRIBE OF
           COLORADO                                        01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVI - SOUTHERN UTE INDIAN TRIBE OF COLORADO

-HEAD-
          SUBCHAPTER XXVI - SOUTHERN UTE INDIAN TRIBE OF COLORADO      

-End-



-CITE-
    25 USC Sec. 668                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVI - SOUTHERN UTE INDIAN TRIBE OF COLORADO

-HEAD-
    Sec. 668. Sale of lands held by the United States

-STATUTE-
      Subject to the provisions of the Southern Ute Indian tribal
    constitution and the ordinances and resolutions adopted thereunder,
    any lands that are held by the United States in trust for the
    Southern Ute Indian Tribe or that are subject to a restriction
    against alienation or taxation imposed by the United States, and
    that are not needed for Indian use, may be sold by the Southern Ute
    Indian Tribe, with the approval of the Secretary of the Interior,
    and such sales shall terminate the Federal trust or restrictions
    against alienation or taxation of the lands, except that the trust
    or restricted status of said lands may be retained, upon approval
    of the Secretary of the Interior, in any sale to a member of the
    tribe.

-SOURCE-
    (Pub. L. 92-312, Sec. 1, June 14, 1972, 86 Stat. 216.)


-MISC1-
       SOUTHERN UTE INDIAN RESERVATION IN COLORADO; CONFIRMATION OF
                          RESERVATION BOUNDARIES
      Pub. L. 98-290, May 21, 1984, 98 Stat. 201, provided that:

                          "CONGRESSIONAL PURPOSE                      
      "Section 1. The purposes of this Act are - 
        "(1) to resolve uncertainty over the boundaries of the Southern
      Ute Indian Reservation and the status of unrestricted land on
      such reservation, and
        "(2) to avoid long and costly litigation over issues dependent
      on reservation or Indian country status.

                        "INDIAN TRUST LAND DEFINED                    
      "Sec. 2. For purposes of this Act, the term 'Indian trust land'
    means any land within the boundaries of the Southern Ute Indian
    Reservation which - 
        "(1) is held by the United States in trust for the benefit of
      the Southern Ute Indian Tribe or individual Indians, or
        "(2) is owned by the United States and reserved for use or
      actually used in the administration of Indian affairs.
    Any right-of-way bounded on both sides by Indian trust land shall
    be Indian trust land. Any other right-of-way shall not be Indian
    trust land.

        "BOUNDARIES OF THE SOUTHERN UTE INDIAN RESERVATION DEFINED    
      "Sec. 3. The Southern Ute Indian Reservation in the State of
    Colorado is declared to have the following boundaries:
        "(1) Bounded on the north by the southern boundary of the lands
      - 
          "(A) ceded to the United States by certain bands of Ute
        Indians under the Articles of Convention entered into on
        September 13, 1873, and ratified by the Act approved April 29,
        1874 (18 Stat. 36), and
          "(B) described in article I of such Articles of Convention.
        "(2) Bounded on the south by the boundary line between the
      States of Colorado and New Mexico as described in article II of
      the treaty between the United States and the Ute Indians
      concluded March 2, 1868, and proclaimed November 6, 1868 (15
      Stat. 619).
        "(3) Bounded on the west by the eastern boundary of the Ute
      Mountain Ute Indian Reservation.
        "(4) Bounded on the east by the southernmost 15 miles of the
      eastern boundary of the lands reserved to the Ute Indians by
      article II of the treaty between the United States and the Ute
      Indians concluded March 2, 1868, and proclaimed November 6, 1868
      (15 Stat. 619), except that the lands east of such boundary in
      township 32 north, range 1 west, New Mexico principal meridian,
      that are held by the United States in trust for the benefit of
      the Southern Ute Indian Tribe are part of the Southern Ute Indian
      Reservation.

                      "JURISDICTION OVER RESERVATION                  
      "Sec. 4. (a) Such territorial jurisdiction as the Southern Ute
    Indian Tribe has over persons other than Indians and the property
    of such persons shall be limited to Indian trust lands within the
    reservation.
      "(b) Any person who is not an Indian and the property of any such
    person shall be subject to the jurisdiction of the United States
    under section 1152 of title 18, United States Code, only on Indian
    trust land.
      "(c) Any law of the United States related to the sale,
    possession, introduction, or manufacture of alcoholic beverages or
    to trading with Indians within Indian country, or within the Indian
    reservation, shall apply, with respect to the Southern Ute Indian
    Reservation, only on Indian trust land.

         "JURISDICTION OVER INCORPORATED MUNICIPALITIES WITHIN THE
                                RESERVATION
      "Sec. 5. The State of Colorado shall exercise criminal and civil
    jurisdiction within the boundaries of the town of Ignacio,
    Colorado, and any other municipality which may be incorporated
    under the laws of Colorado within the Southern Ute Indian
    Reservation, as if such State had assumed jurisdiction pursuant to
    the Act of August 15, 1953 (67 Stat. 588), as amended by the Act of
    April 11, 1968 (82 Stat. 79) [see 28 U.S.C. 1360 note]."

-End-



-CITE-
    25 USC Sec. 669                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVI - SOUTHERN UTE INDIAN TRIBE OF COLORADO

-HEAD-
    Sec. 669. Use of sale proceeds for purchase of real property only

-STATUTE-
      All funds derived from the sale of lands pursuant to this
    subchapter shall be used only for the purchase of real property
    within the boundaries of the Southern Ute Indian Reservation. Title
    to any lands purchased with such funds and title to any lands
    reacquired by the tribe by foreclosure of a mortgage or deed of
    trust shall be taken in the name of the United States in trust for
    the Southern Ute Indian Tribe.

-SOURCE-
    (Pub. L. 92-312, Sec. 2, June 14, 1972, 86 Stat. 216.)

-End-



-CITE-
    25 USC Sec. 670                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVI - SOUTHERN UTE INDIAN TRIBE OF COLORADO

-HEAD-
    Sec. 670. Mortgage or deed of trust of lands sold; United States as
      party to all proceedings

-STATUTE-
      Any tribal lands that may be sold pursuant to section 668 of this
    title may, with the approval of the Secretary of the Interior, be
    encumbered by a mortgage or deed of trust, and shall be subject to
    foreclosure or sale pursuant to the terms of such mortgage or deed
    of trust in accordance with the laws of the State in which the land
    is located. The United States shall be an indispensable party to
    any such proceedings with the right of removal of the proceeding to
    the United States district court for the district in which the land
    is located, following the procedure in section 1446 of title 28,
    and the United States shall have the right to appeal from any order
    of remand in the proceeding.

-SOURCE-
    (Pub. L. 92-312, Sec. 3, June 14, 1972, 86 Stat. 216.)

-End-


-CITE-
    25 USC SUBCHAPTER XXVII - UTE INDIANS OF UTAH               01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVII - UTE INDIANS OF UTAH

-HEAD-
                  SUBCHAPTER XXVII - UTE INDIANS OF UTAH              

-End-



-CITE-
    25 USC Sec. 671                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVII - UTE INDIANS OF UTAH

-HEAD-
    Sec. 671. Use of funds of the Ute Indian Tribe of the Uintah and
      Ouray Reservation for expenditure and per capita payments;
      regulations applicable to loans; restriction on attorney fees

-STATUTE-
      Notwithstanding any other provision of existing law, the tribal
    funds now on deposit or hereafter deposited in the United States
    Treasury to the credit of the Ute Indian Tribe of the Uintah and
    Ouray Reservation may be expended or advanced for such purposes,
    including per capita payments, as may be designated by the Tribal
    Business Committee of said tribe and approved by the Secretary of
    the Interior: Provided, That the aggregate amount of the
    expenditures and advances authorized by this section exclusive of
    per capita payments from interest shall not exceed 33 1/3  per
    centum of such tribal funds now on deposit: Provided further, That
    with the exception of a $1,000 per capita payment which is
    authorized, no per capita payment shall be approved by the
    Secretary of the Interior from the principal of any judgment
    obtained under the Jurisdictional Act of June 28, 1938 (52 Stat.
    1209), as amended, without further legislation: Provided further,
    That any funds advanced for loans by the tribe to individual
    Indians or associations of Indians shall be subject to regulations
    established for the making of loans from the revolving loan fund
    authorized by section 470 of this title: Provided further, That no
    part of the funds authorized to be expended or advanced by this
    section shall be paid or delivered to or received by any agent or
    attorney on account of services rendered in connection with the
    preparation or prosecution of the suit or suits in the Court of
    Claims which resulted in any or all of the judgments handed down by
    said court on July 13, 1950, unless approved by the said court in
    the proceeding now pending before said court for the adjudication
    of attorneys' fees, or to any agent or attorney on account of any
    contract for services rendered or to be rendered in the preparation
    of any suit against the United States.

-SOURCE-
    (Aug. 21, 1951, ch. 338, Sec. 1, 65 Stat. 193; June 29, 1954, ch.
    412, 68 Stat. 321.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Jurisdictional Act of June 28, 1938, referred to in text, is
    act June 28, 1938, ch. 776, 52 Stat. 1209, which was not classified
    to the Code.
      The Court of Claims, referred to in text, and the Court of
    Customs and Patent Appeals were merged effective Oct. 1, 1982, into
    a new United States Court of Appeals for the Federal Circuit by
    Pub. L. 97-164, Apr. 2, 1982, 96 Stat. 25, which also created a
    United States Claims Court [now United States Court of Federal
    Claims] that inherited the trial jurisdiction of the Court of
    Claims. See sections 48, 171 et seq., 791 et seq., and 1491 et seq.
    of Title 28, Judiciary and Judicial Procedure.


-MISC1-
                                AMENDMENTS                            
      1954 - Act June 29, 1954, excepted from 33 1/3  per centum
    limitation on expenditures and advances, per capita payments made
    from interest.

-End-



-CITE-
    25 USC Sec. 672                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVII - UTE INDIANS OF UTAH

-HEAD-
    Sec. 672. Division of trust funds; ratification of resolution;
      crediting of shares; release of United States from liability in
      certain cases

-STATUTE-
      The Secretary of the Interior is authorized and directed to
    divide the trust funds belonging to the Confederated Bands of Ute
    Indians and deposited in the United States Treasury pursuant to
    section 399 of this title, section 315j of title 43, and the Act of
    June 28, 1938 (52 Stat. 1211), as amended, including the interest
    thereon, by crediting 60 per centum to the Ute Indian Tribe of the
    Uintah and Ouray Reservation, consisting of the Uintah,
    Uncompahgre, and White River Utes, and 40 per centum to the
    Southern Utes, consisting of the Southern Utes of the Southern Ute
    Reservation and the Ute Mountain Tribe of the Ute Mountain
    Reservation. The resolution adopted June 1, 1950, by the members of
    the Uncompahgre, White River, and Uintah bands of Ute Indians
    compromising and settling all existing controversies between
    themselves as to ownership and distribution of any judgments which
    may be obtained against the United States and as to ownership of
    land within the Uintah and Ouray Reservation and income issuing
    therefrom by providing that the same shall become the tribal
    property of all the Indians of the Ute Indian Tribe of the Uintah
    and Ouray Reservation without regard to band derivation is
    ratified, approved and confirmed. The funds apportioned to the
    Southern Utes under this section shall be divided between the
    Southern Utes of the Southern Ute Reservation and the Ute Mountain
    Tribe of the Ute Mountain Reservation as agreed between said
    tribes. The shares of the respective groups shall be credited to
    the existing accounts established pursuant to sections 155 and 161a
    to 161d of this title. None of the funds involved herein shall be
    credited or distributed to the Ute Indian Tribe of the Uintah and
    Ouray Reservation, consisting of the Uintah, Uncompahgre, and White
    Rivers Utes, until the Uncompahgre and White River Banks present to
    the Secretary of the Interior a release satisfactory to him,
    relieving the United States of any liability resulting from the
    inclusion of the Uintah Band in the disposition or use of said
    trust funds.

-SOURCE-
    (Aug. 21, 1951, ch. 338, Sec. 2, 65 Stat. 194.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 28, 1938, referred to in text, is act June 28, 1938,
    ch. 776, 52 Stat. 1209, which was not classified to the Code.

-End-



-CITE-
    25 USC Sec. 673                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVII - UTE INDIANS OF UTAH

-HEAD-
    Sec. 673. Repealed.

-MISC1-
    Sec. 673. Repealed. Pub. L. 97-375, title I, Sec. 108(b), Dec. 21,
      1982, 96 Stat. 1820.
      Section, act Aug. 21, 1951, ch. 338, Sec. 3, 65 Stat. 194,
    directed Secretary of the Interior to make a full and complete
    progress report to Congress of his activities and of expenditures
    authorized under section 671 of this title.

-End-



-CITE-
    25 USC Sec. 674                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVII - UTE INDIANS OF UTAH

-HEAD-
    Sec. 674. Use of funds of the Ute Mountain Tribe of the Ute
      Mountain Reservation for expenditure and per capita payments;
      taxation of lands and funds; regulations applicable to loans

-STATUTE-
      Notwithstanding any other provisions of existing laws, the tribal
    funds now on deposit or hereafter deposited in the United States
    Treasury to the credit of the Ute Mountain Tribe of the Ute
    Mountain Reservation, may be expended or advanced for such purposes
    and in a manner, including per capita payments, the purchase of
    land or any interests therein or improvements thereon and water
    rights, as may be designated by the Ute Mountain Tribal Council and
    approved by the Secretary of the Interior: Provided, That the
    purchase of taxable lands under this authority shall not operate to
    remove such lands from the tax rolls: Provided further, That
    neither the transfer to the tribe of tribal funds, nor the
    distribution thereof to individual members of the tribe, as
    provided herein, from those funds consisting of compensation for
    lands acquired by the United States Government, shall be subject to
    Federal tax: And provided further, That any funds advanced for
    loans by the tribe to individual Indians or associations of Indians
    shall be subject to regulations established for the making of loans
    from the revolving loan fund authorized by section 470 of this
    title.

-SOURCE-
    (Aug. 12, 1953, ch. 406, Sec. 1, 67 Stat. 540.)

-End-



-CITE-
    25 USC Sec. 675                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVII - UTE INDIANS OF UTAH

-HEAD-
    Sec. 675. Restriction on payment of funds for agents' or attorneys'
      fees

-STATUTE-
      No part of the funds authorized to be expended or advanced
    pursuant to section 674 of this title shall be paid or disbursed to
    or received by any agent or attorney on account of any contract for
    services rendered or to be rendered or expenses in the preparation
    of any suit against the United States.

-SOURCE-
    (Aug. 12, 1953, ch. 406, Sec. 2, 67 Stat. 540.)

-End-



-CITE-
    25 USC Sec. 676                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVII - UTE INDIANS OF UTAH

-HEAD-
    Sec. 676. Use of funds of Southern Ute Tribe of Southern Ute
      Reservation for expenditure and per capita payments; regulations
      applicable to loans

-STATUTE-
      Notwithstanding any other provisions of existing laws, the tribal
    funds now on deposit or hereafter deposited in the United States
    Treasury to the credit of the Southern Ute Tribe of the Southern
    Ute Reservation, may be expended or advanced for such purposes and
    in a manner, including per capita payments the purchase of land or
    any interests therein or improvements thereon and water rights, as
    may be designated by the Southern Ute Tribal Council and approved
    by the Secretary of the Interior: Provided, That the purchase of
    taxable lands under this authority shall not operate to remove such
    lands from the tax rolls: Provided further, That neither the
    transfer to the tribe of tribal funds, nor the distribution thereof
    to individual members of the tribe, as provided herein, from those
    funds consisting of compensation for lands acquired by the United
    States Government, shall be subject to Federal tax: Provided
    further, That any funds advanced for loans by the tribe to
    individual Indians or associations of Indians shall be subject to
    regulations established for the making of loans from the revolving
    loan fund authorized by section 470 of this title: And provided
    further, That no part of the funds authorized to be expended or
    advanced by this section shall be paid or disbursed to or received
    by any agent or attorney on account of any contract for services
    rendered or to be rendered or expenses in the preparation of any
    suit against the United States.

-SOURCE-
    (June 28, 1954, ch. 405, 68 Stat. 300.)

-End-



-CITE-
    25 USC Sec. 676a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVII - UTE INDIANS OF UTAH

-HEAD-
    Sec. 676a. Distribution of judgment fund

-STATUTE-
      The Secretary of the Interior is hereby authorized and directed
    to divide the trust fund belonging to the Confederated Bands of Ute
    Indians appropriated by the Second Supplemental Appropriations Act,
    1965, and deposited in the United States Treasury pursuant to the
    final judgment entered in Indian Claims Commission docket numbered
    327, including the interest thereon, by crediting 60 per centum to
    the Ute Indian Tribe of the Uintah and Ouray Reservation, and the
    Ute Distribution Corporation, to the Ute Mountain Tribe of the Ute
    Mountain Reservation,(!1) 20 per centum to the Ute Mountain Tribe
    of the Ute Mountain Reservation, and 20 per centum for the Southern
    Ute Tribe of the Southern Ute Reservation. The portion of the trust
    fund, upon its division as herein directed, credited to the Ute
    Indian Tribe of the Uintah and Ouray Reservation, to the Ute
    Distribution Corporation, to the Ute Mountain Tribe of the Ute
    Mountain Reservation, and to the Southern Ute Tribe of the Southern
    Ute Reservation, shall be available for use in accordance with
    existing authorizations for use of funds of the tribes and the Ute
    Distribution Corporation, including the Act of August 21, 1951 (65
    Stat. 193), as amended [25 U.S.C. 671-673], the Act of August 12,
    1953 (67 Stat. 540) [25 U.S.C. 674, 675], the Act of June 28, 1954
    (68 Stat. 300) [25 U.S.C. 676], and the Act of August 27, 1954 (68
    Stat. 868), as amended [25 U.S.C. 677 et seq.]. Any part of such
    funds that may be distributed to the members of the tribe shall not
    be subject to Federal or State income taxes.


-SOURCE-
    (Pub. L. 90-60, Aug. 1, 1967, 81 Stat. 164; Pub. L. 90-332, June 7,
    1968, 82 Stat. 171.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Second Supplemental Appropriations Act, 1965, referred to in
    text, is Pub. L. 89-16, Apr. 30, 1965, 79 Stat. 81. The trust fund
    appropriated by the Second Supplemental Appropriations Act, 1965,
    was provided for by title IV of the Act which was not classified to
    the Code.
      Act of August 27, 1954, referred to in text, is act Aug. 27,
    1954, ch. 1009, 68 Stat. 868, as amended, which is classified
    generally to subchapter XXVIII (Sec. 677 et seq.) of this chapter.
    For complete classification of this Act to the Code, see Tables.


-MISC1-
                                AMENDMENTS                            
      1968 - Pub. L. 90-332 inserted reference to Ute Mountain Tribe of
    Ute Mountain Reservation in provisions covering authorized uses of
    trust funds, inserted reference to Act August 12, 1953, and made
    minor changes in punctuation.

-FOOTNOTE-
    (!1) So in original.


-End-



-CITE-
    25 USC Sec. 676b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVII - UTE INDIANS OF UTAH

-HEAD-
    Sec. 676b. Distribution of judgment fund; deductions; availability
      for certain uses

-STATUTE-
      The unexpended balance of funds on deposit in the Treasury to the
    credit of the Confederated Bands of Ute Indians appropriated by the
    Act of May 13, 1966 (80 Stat. 141), pursuant to the final judgment
    entered in Court of Claims case numbered 47567; and the funds on
    deposit to the credit of the Ute Tribe of the Uintah and Ouray
    Reservation, for and on behalf of the Uncompahgre Band of Ute
    Indians, that were appropriated by the Act of April 30, 1965 (79
    Stat. 81), to pay a judgment by the Indians Claims Commission in
    docket numbered 349; and the interest thereon, less attorney fees
    and litigation expenses, shall be available for use by the
    respective tribes in accordance with the Act of August 21, 1951 (65
    Stat. 193; 25 U.S.C. 672), the Act of August 12, 1953 (67 Stat.
    540; 25 U.S.C. 674), the Act of June 28, 1954 (68 Stat. 300; 25
    U.S.C. 676), and the Act of August 27, 1954 (68 Stat. 868; 25
    U.S.C. 677), as amended.

-SOURCE-
    (Pub. L. 91-420, Sec. 1, Sept. 25, 1970, 84 Stat. 871.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of May 13, 1966, referred to in text, is act May 13, 1966,
    Pub. L. 89-426, 80 Stat. 141, which was not classified to the Code.
      The Court of Claims, referred to in text, and the Court of
    Customs and Patent Appeals were merged effective Oct. 1, 1982, into
    a new United States Court of Appeals for the Federal Circuit by
    Pub. L. 97-164, Apr. 2, 1982, 96 Stat. 25, which also created a
    United States Claims Court [now United States Court of Federal
    Claims] that inherited the trial jurisdiction of the Court of
    Claims. See sections 48, 171 et seq., 791 et seq., and 1491 et seq.
    of Title 28, Judiciary and Judicial Procedure.
      Act of April 30, 1965, referred to in text, is act Apr. 30, 1965,
    Pub. L. 89-16, 79 Stat. 81, known as the Second Supplemental
    Appropriations Act, 1965. That portion of the act which
    appropriated the funds referred to was not classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.
      Act of August 27, 1954, referred to in text, is act Aug. 27,
    1954, ch. 1009, 68 Stat. 868, as amended, which is classified
    generally to subchapter XXVIII (Sec. 677 et seq.) of this chapter.
    For complete classification of this Act to the Code, see Tables.

-End-



-CITE-
    25 USC Sec. 676b-1                                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVII - UTE INDIANS OF UTAH

-HEAD-
    Sec. 676b-1. Tax exemption

-STATUTE-
      Any portion of the funds distributed per capita to the members of
    the respective tribes shall not be subject to Federal or State
    income tax.

-SOURCE-
    (Pub. L. 91-420, Sec. 2, Sept. 25, 1970, 84 Stat. 871.)

-End-


-CITE-
    25 USC SUBCHAPTER XXVIII - UTE INDIANS OF UTAH:
           DISTRIBUTION OF ASSETS BETWEEN MIXED-BLOOD
           AND FULL-BLOOD MEMBERS; TERMINATION OF
           FEDERAL SUPERVISION OVER PROPERTY OF
           MIXED-BLOOD MEMBERS                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
           BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION
           OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD
           MEMBERS                                       

-HEAD-
      SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
    BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION OF FEDERAL
             SUPERVISION OVER PROPERTY OF MIXED-BLOOD MEMBERS

-End-



-CITE-
    25 USC Sec. 677                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
           BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION
           OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD
           MEMBERS                                       

-HEAD-
    Sec. 677. Purpose

-STATUTE-
      The purpose of this subchapter is to provide for the partition
    and distribution of the assets of the Ute Indian Tribe of the
    Uintah and Ouray Reservation in Utah between the mixed-blood and
    full-blood members thereof; for the termination of Federal
    supervision over the trust, and restricted property, of the mixed-
    blood members of said tribe; and for a development program for the
    full-blood members thereof, to assist them in preparing for
    termination of Federal supervision over their property.

-SOURCE-
    (Aug. 27, 1954, ch. 1009, Sec. 1, 68 Stat. 868.)


-MISC1-
                        REPEAL OF INCONSISTENT LAWS                    
      Section 29 of act Aug. 27, 1954, provided that: "All Acts or
    parts of Acts, inconsistent with this Act [this subchapter] are
    hereby repealed insofar as they affect the tribe or its members."

                               SEPARABILITY                           
      Section 30 of act Aug. 27, 1954, provided that: "If any provision
    of this Act [this subchapter], or the application thereof to any
    person or circumstance, is held invalid, the remainder of the Act
    and the application of such provision to other persons or
    circumstances shall not be affected thereby."

-End-



-CITE-
    25 USC Sec. 677a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
           BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION
           OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD
           MEMBERS                                       

-HEAD-
    Sec. 677a. Definitions

-STATUTE-
      For the purposes of this subchapter - 
      (a) "Tribe" means the Ute Indian Tribe of the Uintah and Ouray
    Reservation, Utah.
      (b) "Full-blood" means a member of the tribe who possesses one-
    half degree of Ute Indian blood and a total of Indian blood in
    excess of one-half, excepting those who become mixed-bloods by
    choice under the provisions of section 677c of this title.
      (c) "Mixed-blood" means a member of the tribe who does not
    possess sufficient Indian or Ute Indian blood to fall within the
    full-blood class as herein defined, and those who become mixed-
    bloods by choice under the provisions of section 677c of this
    title.
      (d) "Secretary" means Secretary of the Interior.
      (e) "Superintendent" means the Superintendent of the Uintah and
    Ouray Reservation, Utah.
      (f) "Asset" means any property of the tribe, real, personal or
    mixed, whether held by the tribe or by the United States in trust
    for the tribe, or subject to a restriction against alienation
    imposed by the United States.
      (g) "Adult" means a member of the tribe who has attained the age
    of twenty-one years.

-SOURCE-
    (Aug. 27, 1954, ch. 1009, Sec. 2, 68 Stat. 868.)

-End-



-CITE-
    25 USC Sec. 677b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
           BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION
           OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD
           MEMBERS                                       

-HEAD-
    Sec. 677b. Method of determining Ute Indian blood

-STATUTE-
      For the purposes of this subchapter Ute Indian blood shall be
    determined in accordance with the constitution and bylaws of the
    tribe and all tribal ordinances in force and effect on August 27,
    1954.

-SOURCE-
    (Aug. 27, 1954, ch. 1009, Sec. 3, 68 Stat. 868.)

-End-



-CITE-
    25 USC Sec. 677c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
           BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION
           OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD
           MEMBERS                                       

-HEAD-
    Sec. 677c. Transfer of members from full-blood roll to mixed-blood
      group; time; certification by Secretary

-STATUTE-
      Any member of the tribe whose name appears on the proposed roll
    of full-blood members as provided in section 677g of this title and
    any person whose name is added to such proposed roll as the result
    of an appeal to the Secretary may apply to the Superintendent to
    become identified with and a part of the mixed-blood group:
    Provided, That such application is made within thirty days
    subsequent to the publication of such proposed roll or in the event
    of an appeal within thirty days subsequent to notification of the
    decision on said appeal: And provided further, That before such
    transfer is made upon the official rolls the Secretary shall first
    certify that, in his opinion, such change in status is not
    detrimental to the best interest of the person seeking such change.

-SOURCE-
    (Aug. 27, 1954, ch. 1009, Sec. 4, 68 Stat. 868.)

-End-



-CITE-
    25 USC Sec. 677d                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
           BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION
           OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD
           MEMBERS                                       

-HEAD-
    Sec. 677d. Restriction of tribe to full-blood members after
      publication of final rolls; non-interest of mixed-blood members;
      new membership

-STATUTE-
      Effective on the date of publication of the final rolls as
    provided in section 677g of this title the tribe shall thereafter
    consist exclusively of full-blood members. Mixed-blood members
    shall have no interest therein except as otherwise provided in this
    subchapter. New membership in the tribe shall thereafter be
    controlled and determined by the constitution and bylaws of the
    tribe and ordinances enacted thereunder.

-SOURCE-
    (Aug. 27, 1954, ch. 1009, Sec. 5, 68 Stat. 868; Aug. 2, 1956, ch.
    880, Sec. 1, 70 Stat. 936.)


-MISC1-
                                AMENDMENTS                            
      1956 - Act Aug. 2, 1956, provided for control and determination
    of new membership in the tribe in accordance with the constitution
    and bylaws of the tribe and ordinances enacted thereunder.

-End-



-CITE-
    25 USC Sec. 677e                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
           BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION
           OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD
           MEMBERS                                       

-HEAD-
    Sec. 677e. Organization of mixed-blood members; constitution and
      bylaws; representatives; actions in absence of organization

-STATUTE-
      The mixed-blood members of the tribe, including those residing on
    and off the reservation, shall have the right to organize for their
    common welfare, and may adopt an appropriate constitution and
    bylaws which shall become effective when ratified by a majority
    vote of the adult mixed-blood members of the tribe at a special
    election authorized and called by the Secretary under such rules
    and regulations as he may prescribe. Such constitution may provide
    for the selection of authorized representatives who shall have
    power to take any action that is required by this subchapter to be
    taken by the mixed-blood members as a group: Provided, That nothing
    herein contained shall be construed as requiring said mixed-blood
    Indians to so organize if such organization is by them deemed
    unnecessary. In the event no such approved organization is
    effected, any action taken by the adult mixed-blood members, by
    majority vote, whether in public meeting or by referendum, but in
    either event, after such notice as may be prescribed by the
    Secretary, shall be binding upon said mixed-blood members of the
    tribe for the purposes of this subchapter.

-SOURCE-
    (Aug. 27, 1954, ch. 1009, Sec. 6, 68 Stat. 868.)

-End-



-CITE-
    25 USC Sec. 677f                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
           BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION
           OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD
           MEMBERS                                       

-HEAD-
    Sec. 677f. Employment of legal counsel for mixed-blood members;
      fees

-STATUTE-
      The mixed-blood members of the tribe as a group may employ legal
    counsel to accomplish the legal work required on behalf of said
    group under the terms of this subchapter, and for any other purpose
    by them deemed necessary or desirable; the choice of counsel and
    fixing of fees to be subject to the approval of the Secretary until
    Federal supervision over all of the members of said group and their
    property is terminated in the manner provided in section 677o of
    this title.

-SOURCE-
    (Aug. 27, 1954, ch. 1009, Sec. 7, 68 Stat. 869.)

-End-



-CITE-
    25 USC Sec. 677g                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
           BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION
           OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD
           MEMBERS                                       

-HEAD-
    Sec. 677g. Membership rolls of full-blood and mixed-blood members;
      preparation and initial publication; appeal from inclusion or
      omission from rolls; finality of determination; final
      publication; inheritable interest; future membership

-STATUTE-
      The tribe shall have a period of thirty days from August 27, 1954
    in which to prepare and submit to the Secretary a proposed roll of
    the full-blood members of the tribe, and a proposed roll of the
    mixed-blood members of the tribe, living on August 27, 1954. If the
    tribe fails to submit such proposed rolls within the time specified
    in this subchapter, the Secretary shall prepare such proposed rolls
    for the tribe. Said proposed rolls shall be published in the
    Federal Register, and in a newspaper of general circulation in each
    of the counties of Uintah and Duchesne in the State of Utah. Any
    person claiming membership rights in the tribe, or an interest in
    its assets, or a representative of the Secretary on behalf of any
    such person, within sixty days from the date of publication in the
    Federal Register, or in either of the papers of general
    circulation, as hereinbefore provided, whichever publication date
    is last, may file an appeal with the Secretary contesting the
    inclusion or omission of the name of any person on or from either
    of such proposed rolls. The Secretary shall review such appeals and
    his decisions thereon shall be final and conclusive. After
    disposition of all such appeals to the Secretary, and after all
    transfers have been made pursuant to section 677c of this title the
    roll of the full-blood members of the tribe, and the roll of the
    mixed-blood members of the tribe, shall be published in the Federal
    Register, and such rolls shall be final for the purposes of this
    subchapter, but said sections shall not be construed as granting
    any inheritable interest in tribal assets to full-blood members of
    the tribe or as preventing future membership in the tribe, after
    August 27, 1954, in the manner provided in the constitution and
    bylaws of the tribe.

-SOURCE-
    (Aug. 27, 1954, ch. 1009, Sec. 8, 68 Stat. 869; Aug. 2, 1956, ch.
    880, Sec. 2, 70 Stat. 936.)


-MISC1-
                                AMENDMENTS                            
      1956 - Act Aug. 2, 1956, prohibited constructions of this
    subchapter granting inheritable interest in tribal assets to full-
    blood members of the tribe or preventing future membership in the
    tribe in accordance with its constitution and bylaws.

-End-



-CITE-
    25 USC Sec. 677h                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
           BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION
           OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD
           MEMBERS                                       

-HEAD-
    Sec. 677h. Sale or other disposition of certain described lands;
      funds; relief of United States from liability; assigned lands

-STATUTE-
      The business committee of the tribe for and on behalf of the full-
    blood members of said tribe, and the duly authorized
    representatives for the mixed-blood members of said tribe, acting
    jointly, are authorized, subject to the approval of the Secretary,
    to sell, exchange, dispose of, and convey to any purchaser deemed
    satisfactory to said committee and representatives, any or all of
    the lands of said tribe described as follows, to wit:


                  Description                   Section         Acres   
    --------------------------------------------------------------------
    Township 1 North, Range 1 East:                                     
      NW/4 SW/4                                        35          40.00
                                              --------------------------
    Township 1 North, Range 1 West:                                     
      W/2 NE/4                                         20          80.00
      SE/4 SW/4                                        21          40.00
      NE/4 NW/4; N/2 SW/4                              28         120.00
                                              --------------------------
        Total                                                     240.00    
    Township 2 North, Range 1 West:                                     
      E/2 SW/4 NE/4                                    35          20.00
                                              --------------------------
    Township 1 South, Range 1 West:                                     
      NW/4 SE/4                                         6          40.00
      Lot 3                                             7          40.51
      S/2 NE/4; NE/4 SE/4; W/2 SW/4 NW/4;              16         160.00
       W/2 NW/4 SW/4                                                    
      E/2 SE/4                                         17          80.00
      E/2 NE/4                                         20          80.00
      SE/4 SE/4                                        29          40.00
      Lot 2                                            30          40.26
      SW/4 NW/4; SW/4 SE/4                             35          80.00
      SW/4 NE/4                                        36          40.00
                                              --------------------------
        Total                                                     600.77    
    Township 1 South, Range 2 West:                                     
      NW/4 SW/4                                        12          40.00
      S/2 NE/4; N/2 SE/4                               14         160.00
                                              --------------------------
        Total                                                     200.00    
    Township 1 South, Range 3 West:                                     
      SW/4 E/4                                          8          40.00
      NW/4S NW/4                                       16          40.00
                                              --------------------------
        Total                                                      80.00    
    Township 1 South, Range 8 West:                                     
      W/2 SW/4                                          3          80.00
      NE/4 SE/4                                         4          40.00
      All                                               5         721.00
      All                                               6         695.40
      NE/4 NW/4                                        10          40.00
      NE/4 SW/4                                        12          40.00
      SW/4 NW/4                                        14          40.00
                                              --------------------------
        Total                                                   1,656.40    
    Township 2 South, Range 1 West:                                     
      S/2 SW/4; SE/4 SE/4                               1         120.00
      Lot 3; SE/4 NW/4                                  4          81.28
      Lots 1 & 2; E/2 NW/4; W/2 NE/4                    7         237.78
      NW/4 NW/4                                        12          40.00
      SE/4 NE/4                                        13          40.00
                                              --------------------------
        Total                                                     519.06    
    Township 2 South, Range 1 East:                                     
      Lot 2; SE/4 NW/4                                 18          79.71
                                              --------------------------
    Township 2 South, Range 2 West:                                     
      S/2 S/2                                           2         160.00
      N/2                                              12         320.00
                                              --------------------------
        Total                                                     480.00    
    Township 2 South, Range 3 West:                                     
      E/2 NE/4                                         17          80.00
      NE/4 SW/4; S/2 SE/4                              19         120.00
      NW/4 SW/4                                        29          40.00
      Lots 1 & 2; E/2 NW/4; NE/4                       30         316.36
      Lot 2; SE/4 NW/4                                 31          78.40
                                              --------------------------
        Total                                                     634.76    
    Township 2 South, Range 4 West:                                     
      SW/4 SW/4                                         1          40.00
      SE/4 SW/4; SW/4 SE/4                              9          80.00
      W/2 NE/4                                         16          80.00
      NE/4                                             28         160.00
      N/2 SE/4                                         32          80.00
      Lots 3 & 4; N/2 SW/4                             33         167.31
      NE/4 SW/4; N/2 SE/4; Lots 1 & 2                  36         200.46
                                              --------------------------
        Total                                                     807.77    
    Township 2 South, Range 5 West:                                     
      NW/4                                             10         160.00
      NE/4 NE/4                                        29          40.00
      N/2 NE/4; SE/4 NE/4                              33         120.00
      W/2 NW/4; SE/4 NW/4; N/2 SW/4; SE/4              34         320.00
       SW/4; S/2 SE/4                                                   
      NW/4 SE/4                                        36          40.00
                                              --------------------------
        Total                                                     680.00    
    Township 2 South, Range 7 West:                                     
      NE/4 SE/4; SW/4 SW/4                             13          80.00
      NE/4 NE/4; SW/4 NW/4; N/2 SW/4;                  14         320.00
       SE/4 SW/4; W/2 SE/4; SE/4 SE/4                                   
      W/2 NE/4; SE/4 NE/4                              15         120.00
      N/2 NE/4                                         23          80.00
      N/2 N/2; SE/4 NE/4                               24         200.00
                                              --------------------------
        Total                                                     800.00    
    Township 2 South, Range 8 West:                                     
      SE/4 SW/4                                        31          40.00
                                              --------------------------
    Township 3 South, Range 1 East:                                     
      Lot 2; SE/4 NW/4; S/2 NE/4                        7         158.12
      N/2 SW/4; SW/4 NE/4; NW/4 SE/4                   16         160.00
      Lots 1, 2 & 3; NE/4 SW/4                         18         155.35
      E/2 NE/4                                         30          80.00
                                              --------------------------
        Total                                                     553.47    
    Township 3 South, Range 2 East:                                     
      Lot 8                                             6          35.49
      SW/4 SW/4                                        25          40.00
      SE/4 NW/4; E/2 SW/4                              36         120.00
                                              --------------------------
        Total                                                     195.49    
    Township 3 South, Range 1 West:                                     
      N/2 SE/4                                          3          80.00
      Lots 1-8, Incl                                   22         331.46
      Lots 1-4, Incl.; S/2 N/2                         23         338.28
      Lots 1-4, Incl.; S/2 N/2                         24         341.20
      W/2 SE/4                                         25          80.00
                                              --------------------------
        Total                                                   1,170.94    
    Township 3 South, Range 2 West:                                     
      S/2 S/2                                           9         160.00
      S/2 SE/4                                          7          80.00
      SW/4 SW/4                                         8          40.00
      W/2 SW/4                                         15          80.00
      NE/4 SW/4; NW/4; SE/4                            16         360.00
      SW/4 SW/4                                        17          40.00
      NE/4 NE/4                                        18          40.00
      N/2 NE/4                                         21          80.00
      N/2 NW/4                                         24          80.00
      W/2 SW/4                                         33          80.00
                                              --------------------------
        Total                                                   1,040.00    
    Township 3 South, Range 3 West:                                     
      S/2 NW/4; NE/4 SW/4; N/2 SE/4                     2         200.00
      NW/4 SE/4; N/2 SW/4                              17         120.00
      All (Lots 1-4, Incl., E/2 W/2; E/2)              19         633.87
      SW/4 SW/4                                        20          40.00
      E/2 SW/4                                         21          80.00
      N/2 NW/4; S/2 NE/4; NE/4 SE/4                    29         200.00
      W/2 NE/4; NE/4 NW/4; Lot 1                       30         158.66
                                              --------------------------
        Total                                                   1,432.53    
    Township 3 South, Range 4 West:                                     
      SW/4 NW/4                                        11          40.00
      S/2 SE/4; SE/4 SW/4; N/2 S/2                     13         280.00
      NE/4; NE/4 NW/4                                  24         200.00
      SE/4 NE/4; W/2 NE/4; E/2 NW/4                    26         200.00
      E/2 NE/4                                         30          80.00
                                              --------------------------
        Total                                                     800.00    
    Township 3 South, Range 5 West:                                     
      Lots 1 & 2; SE/4 NE/4                             3         118.86
      Lot 4; SW/4 NW/4; W/2 SW/4; SE/4 SW/              2         199.58
      S/2 NE/4; N/2 SE/4                                5         160.00
      NW/4; W/2 NE/4; NE/4 SW/4; NW/4 SE/4             11         320.00
      W/2 E/2                                          12         160.00
      W/2 E/2                                          13         160.00
      SW/4 NW/4; N/2 SW/4; SW/4 SW/4                   21         160.00
      E/2 NE/4                                         34          80.00
                                              --------------------------
        Total                                                   1,358.44    
    Township 3 South, Range 7 West:                                     
      Lots 3 & 4                                        7          66.55
      S/2                                              13         320.00
      NW/4 SW/4                                        16          40.00
      E/2 SE/4; SW/4 SE/4; W/2 NW/4                    17         200.00
      E/2 NE/4; Lots 1 & 2                             18         147.16
                                              --------------------------
        Total                                                     773.71    
    Township 3 South, Range 8 West:                                     
      E/2; NW/4; E/2 SW/4                              35         560.00
      S/2 S/2                                           1         160.00
      SW/4                                              2         160.00
      W/2 SE/4                                          3          80.00
      Lots 3; SE/4 NW/4; NE/4 SW/4                      6         120.04
      SE/4                                              9         160.00
      NE/4                                             10         160.00
      S/2 NW/4                                         11          80.00
      NW/4; SE/4                                       12         320.00
      N/2 NE/4; SE/4 NE/4; SE/4; NE/4 NW/4             13         320.00
      NE/4; S/2                                        14         480.00
      S/2                                              15         320.00
      W/2 NE/4; S/2 NW/4                               27         160.00
                                              --------------------------
        Total                                                   3,080.04    
    Township 3 South, Range 9 West:                                     
      SW/4 NW/4; NW/4 SW/4                             27          80.00
                                              --------------------------
    Township 4 South, Range 2 West:                                     
      Lot 3; NE/4 SW/4; N/2 SE/4                        7         159.70
      E/2 NE/4; SW/4 NE/4                              12         120.00
      E/2 NW/4; SW/4 NW/4                              16         120.00
      SE/4 NE/4; NW/4; NW/4 SW/4; N/2 SE/4             17         320.00
      Lot 1                                            18          39.91
      SE/4, S/2 NE/4; S/2 SW/4                         21         320.00
      S/2                                              22         320.00
      W/2 SW/4                                         23          80.00
      Lot 4                                            26           6.89
      Lots 1-4, Incl                                   27          26.59
      Lots 1-4, Incl                                   28         126.64
      Lots 1-6, Incl.; NE/4; E/2 NW/4                  30         475.16
                                              --------------------------
        Total                                                   2,114.89    
    Township 4 South, Range 3 West:                                     
      Lot 10                                            2          40.90
      E/2 NE/4; NE/4 SE/4                              13         120.00
      Lots 1 & 2; N/2 SE/4; SW/4; N/2                  25         622.29
      All                                              26         640.00
      Lots 1-6, Incl.; NW/4 NW/4                       35         237.96
      Lot 1                                            36          25.75
                                              --------------------------
        Total                                                   1,686.90    
    Township 4 South, Range 4 West:                                     
      S/2                                              25         320.00
    Township 4 South, Range 8 West:                                     
      N/2                                              29         320.00
                                              --------------------------
    Township 4 South, Range 9 West:                                     
      S/2                                               9         320.00
      All                                              10         640.00
      All                                              11         640.00
      S/2                                              12         320.00
      N/2; N/2 S/2; SE/4 SE/4                          13         520.00
      N/2                                              14         320.00
      N/2                                              15         320.00
      N/2                                              16         320.00
      N/2                                              17         320.00
      Lots 3 & 4; E/2 SW/4; SE/4                       18         319.09
      Lots 1 & 2; E/2 NW/4; NE/4                       19         319.37
                                              --------------------------
        Total                                                   4,358.46    
    Township 4 South, Range 10 West:                                    
      S/2                                              13         320.00
      SE/4 NW/4; E/2 SW/4                              17         120.00
      NE/4 NW/4                                        20          40.00
                                              --------------------------
        Total                                                     480.00    
    Township 5 South, Range 7 West:                                     
      S/2 SW/4                                         35          80.00
                                              --------------------------
    Township 5 South, Range 9 West:                                     
      SE/4 NW/4; S/2 NE/4                              34         120.00
      SW/4 NW/4                                        35          40.00
                                              --------------------------
        Total                                                     160.00    
    Township 6 South, Range 9 West:                                     
      SW/4 SE/4                                         5          40.00
      W/2 NE/4; NW/4 SE/4                               8         120.00
                                              --------------------------
        Total                                                     160.00    
        Grand total                                            27,043.34    
    --------------------------------------------------------------------

    All such sales, exchanges, or other dispositions shall be made upon
    such terms as said committee and said authorized representatives
    shall deem satisfactory and may be made pursuant to bids or at
    private sale, and all funds or other property derived from such
    sales, exchanges, or other dispositions shall be subject to the
    terms of this subchapter. Consent by the tribal business committee
    and said authorized representatives to the sale, exchange, or other
    disposal of the lands herein described shall relieve the United
    States of any liability resulting from such sale, exchange, or
    other disposition. The tribal business committee and said
    authorized representatives are further authorized to sell or
    dispose of tribal assigned lands to the assignees thereof under
    such terms and conditions as may be agreed upon by the said tribal
    business committee and said authorized representatives with the
    assignees, subject, however, to the approval of the Secretary.

-SOURCE-
    (Aug. 27, 1954, ch. 1009, Sec. 9, 68 Stat. 869.)

-End-



-CITE-
    25 USC Sec. 677i                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
           BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION
           OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD
           MEMBERS                                       

-HEAD-
    Sec. 677i. Division of assets; basis; prior alienation or
      encumbrance; partition by Secretary upon nonagreement;
      assistance; management of claims and rights; division of net
      proceeds; applicability of usual processes of the law to
      originally owned stock of corporate representative and to
      corporate distributions

-STATUTE-
      The tribal business committee representing the full-blood group,
    and the authorized representatives of the mixed-blood group, within
    sixty days after the publication of the final membership roll, as
    provided in section 677g of this title, shall commence a division
    of the assets of the tribe that are then susceptible to equitable
    and practicable distribution. Such division shall be by agreement
    between them subject to the approval of the Secretary. Said
    division shall be based upon the relative number of persons
    comprising the final membership roll of each group. After such
    division the rights or beneficial interests in tribal property of
    each mixed-blood person whose name appears on the roll shall
    constitute an undivided interest in and to such property which may
    be inherited or bequeathed, but shall be subject to alienation or
    encumbrance before the transfer of title to such tribal property
    only as provided herein. Any contract made in violation of this
    section shall be null and void. If said groups are unable to agree
    upon said division within a period of twelve months from the date
    of such commencement, or any authorized extension of said period
    granted within the discretion of the Secretary, the Secretary is
    authorized to partition the assets of the tribe in such manner as
    in his opinion will be equitable and fair to both groups. Such
    partition shall give rise to no cause of action against the United
    States and the costs of such partition shall be paid by the tribe.
    The Secretary is authorized to provide such reasonable assistance
    as may be requested by both groups, or by either group, in
    formulation and execution of a plan for the division of said
    assets, including necessary technical services of Government
    employees at Fort Duchesne, Utah, and arranging for necessary
    consultations with representatives of Federal departments and
    agencies, officials of the State of Utah, and political
    subdivisions thereof, and members of the tribe. All unadjudicated
    or unliquidated claims against the United States, all gas, oil, and
    mineral rights of every kind, and all other assets not susceptible
    to equitable and practicable distribution shall be managed jointly
    by the Tribal Business Committee and the authorized representatives
    of the mixed-blood group, subject to such supervision by the
    Secretary as is otherwise required by law, and the net proceeds
    therefrom after deducting the costs chargeable to such management
    shall first be divided between the full-blood and mixed-blood
    groups in direct proportion to the number of persons comprising the
    final membership roll of each group and without regard to the
    number of persons comprising each group at the time of the division
    of such proceeds.
      The stock of any corporation organized by the mixed-blood group
    for the purpose of empowering the officers of such corporation to
    act as the authorized representatives of said mixed-blood group in
    the joint management with the tribe and in the distribution and
    (!1) unadjudicated or unliquidated claims against the United
    States, all gas, oil, and mineral rights of every kind, and all
    other assets not susceptible to equitable and practicable
    distribution shall not be subject to mortgage, pledge,
    hypothecation, levy, execution, attachment or other similar
    process, while such stock remains in the ownership of the original
    stockholder or his heirs or legatees, but the interest of
    stockholders in any distribution by such corporation shall be
    subject to the usual processes of the law.


-SOURCE-
    (Aug. 27, 1954, ch. 1009, Sec. 10, 68 Stat. 873; Pub. L. 87-698,
    Sept. 25, 1962, 76 Stat. 597.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Herein, referred to in text, means act Aug. 27, 1954, ch. 1009,
    68 Stat. 868, which comprises this subchapter. For complete
    classification of this Act to the Code, see Tables.


-MISC1-
                                AMENDMENTS                            
      1962 - Pub. L. 87-698 inserted last paragraph providing that
    originally owned stock of corporate representative should not be
    subject to the usual processes of the law but that corporate
    distributions should be subject to them.

-FOOTNOTE-
    (!1) So in original. Probably should be "of".


-End-



-CITE-
    25 USC Sec. 677j                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
           BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION
           OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD
           MEMBERS                                       

-HEAD-
    Sec. 677j. Advances or expenditures from tribal funds; restrictions
      on mixed-blood group until adoption of plan for terminating
      supervision

-STATUTE-
      Notwithstanding any other provision of existing law, the tribal
    funds now on deposit or hereafter deposited in the United States
    Treasury to the credit of the tribe or either group thereof, shall
    be available for advance to the tribe or the respective groups, or
    for expenditure, for such purposes, including per capita payments,
    as may be designated by the Tribal Business Committee for the full-
    blood members, and by the authorized agents of the mixed-blood
    members, and in either event subject to the approval of the
    Secretary: Provided, That the aggregate amount of the expenditures
    and advances authorized by this section for the mixed-blood group
    shall not exceed 50 per centum of the total funds of said mixed-
    blood group after such division, until said mixed-blood group has
    adopted a plan approved by the Secretary for termination of Federal
    supervision of said mixed-blood group, as required under section
    677l of this title. After such termination of Federal supervision,
    per capita payments to the mixed-blood group shall not be subject
    to approval of the Secretary.

-SOURCE-
    (Aug. 27, 1954, ch. 1009, Sec. 11, 68 Stat. 873.)

-End-



-CITE-
    25 USC Sec. 677k                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
           BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION
           OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD
           MEMBERS                                       

-HEAD-
    Sec. 677k. Adjustment of debts in making per capita payments to
      mixed-blood members; execution of mortgages on property

-STATUTE-
      Fifty per centum of all per capita payments to any individual
    mixed-blood member made pursuant to any division or distribution
    hereunder shall have deducted therefrom any sum or sums of money
    owed by such member to the tribe, whether due or to become due,
    unless in the opinion of the Secretary said debts are not
    adequately secured in which event the entire per capita payment
    shall be subject to such offset. Any other division, partition or
    distribution of property to any individual mixed-blood member made
    pursuant to this subchapter shall be subject to a mortgage to be
    made in favor of the tribe securing the payment of all sums of
    money owed by him to the tribe on the date of such division,
    partition or distribution to such individual mixed-blood member.
    The Secretary shall require the execution of any mortgage required
    under this section as a condition to any such division, partition
    or distribution.

-SOURCE-
    (Aug. 27, 1954, ch. 1009, Sec. 12, 68 Stat. 874.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Hereunder, referred to in text, means act Aug. 27, 1954, ch.
    1009, 68 Stat. 868, which comprises this subchapter. For complete
    classification of this Act to the Code, see Tables.

-End-



-CITE-
    25 USC Sec. 677l                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
           BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION
           OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD
           MEMBERS                                       

-HEAD-
    Sec. 677l. Distribution to individual members of mixed-blood group;
      preparation and approval of plan; assistance; provisions
      permitted in plan

-STATUTE-
      After the adoption of a plan for the division of the assets
    between the two groups, a plan for distribution of the assets of
    the mixed-blood group to the individual members thereof shall be
    prepared and ratified by a majority of said group, within the
    period of six months from such adoption and presented to the
    Secretary for approval. The Secretary is authorized to provide such
    reasonable assistance, including necessary technical service of
    Government employees at Fort Duchesne, Utah, and arranging for
    necessary consultations with representatives of Federal departments
    and agencies, officials of the State of Utah and political
    subdivisions thereof, as may be required by the mixed-blood group
    in the preparation of such plan.
      The plan for division of the assets among the members of the
    mixed-blood group may include:
        (1) Complete disposition of all cash assets of said group,
      reserving, however, sufficient funds to cover - 
          (i) the proportionate share of said mixed-blood group in and
        to all expenses incurred in effecting the purposes of this
        subchapter, including, but not limited to, the necessary
        expense incurred under this section and section 677m of this
        title;
          (ii) the just and proportionate share of the mixed-bloods in
        the expense incurred in the prosecution of the claims of the
        tribe, or the bands thereof, against the United States; and
          (iii) the determinable and estimated administrative costs and
        expenses of any mixed-blood organization authorized by this
        subchapter, including lawful and reasonable salaries and fees
        of authorized agents, officers and employees of said mixed-
        blood group.

        (2) Partition of the lands of the mixed-blood group, excepting
      all gas, oil, and mineral rights, to corporations, partnerships,
      or other legal entities, and to trustees, and the individual
      members of said groups, quality and quantity relatively
      considered, according to the respective rights and interests of
      the parties, located so as to embrace, as far as practicable, any
      improvements lawfully made by the person or persons receiving
      such land. The value of the improvements made, under a valid
      lease or assignment from the tribe, shall be excluded from the
      valuation in making allotments to the lessee or assignee, and the
      land must be valued without regard to such improvements unless
      the lease or assignment, under which said improvements were made,
      provided that such improvements should become the property of the
      tribe. In the making of any partition due consideration shall be
      given to all of the rights and interests of the person or persons
      receiving the property, and all of the rights and interests of
      the other members of the tribe. Two or more of the members of
      said mixed-blood group may obtain their share of property as
      tenants in common, as joint tenants, or in any other lawful
      manner when such members agree among themselves as to the manner
      in which they desire to receive such title. When it appears that
      an equitable partition cannot be made among the members of said
      mixed-blood group without prejudice to the rights and interests
      of some of them, and yet a partition is directed by the group,
      the members of said group may voluntarily determine compensation
      to be made by one party to another on account of the inequity. In
      all cases where equity is agreed upon by the members of said
      mixed-blood group, such compensatory adjustment among the
      parties, according to the principles of equity, must be approved
      by the Secretary. In the event of a failure to agree upon an
      equitable compensatory adjustment among the parties the Secretary
      shall make such adjustment and his decision shall be final.
        (3) Organization of corporations for the grazing of livestock,
      handling of water and water rights, and the shares therein may be
      issued to the members of said group in proportion to their
      interests in the assets of such corporations. When, in the
      opinion of said mixed-blood group, it is to the best interest of
      said group to transfer a portion of the assets of said group to a
      corporation or other legal entity for any purpose, the Secretary
      is authorized to make such transfer.
        (4) A transfer of assets to one or more trustees designated by
      said group who shall hold title to all or any part of the
      property of said group for management or liquidation purposes
      under terms and conditions prescribed by said mixed-blood group.
      The Secretary is authorized to make such transfer, and approve
      the trustees, and the terms and conditions of the trust.
        (5) Sale of any portion of the assets of said group subject to
      the approval of the Secretary. In addition to the sales herein
      otherwise authorized, authority is granted to the authorized
      representatives of said group to sell any property of said group
      when, in the opinion of the majority of said mixed-blood group, a
      practicable partition cannot be made, or for any other reason it
      is deemed to the best interests of the group, and the proceeds of
      such sales shall be distributed equitably among the members of
      said mixed-blood group; after deducting reasonable cost of sale
      and distribution.

-SOURCE-
    (Aug. 27, 1954, ch. 1009, Sec. 13, 68 Stat. 874.)

-End-



-CITE-
    25 USC Sec. 677m                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
           BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION
           OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD
           MEMBERS                                       

-HEAD-
    Sec. 677m. Procedure by Secretary if distribution not completed
      within seven years from August 27, 1954

-STATUTE-
      In the event all the tribal assets, susceptible to equitable and
    practicable distribution, distributed to the mixed-blood group
    under the provisions of section 677i of this title, are not, within
    seven years from August 27, 1954, distributed to the individual
    mixed-blood members as contemplated in the plan to be adopted in
    accordance with the provisions of section 677l of this title, so as
    to effectively terminate Federal supervision over said assets, then
    the Secretary shall proceed to make such distribution in a manner,
    in his discretion, deemed fair and equitable to all members of said
    group, or convey such assets to a trustee for liquidation and
    distribution of the net proceeds, or convey such assets to the
    persons entitled thereto as tenants in common.

-SOURCE-
    (Aug. 27, 1954, ch. 1009, Sec. 14, 68 Stat. 875.)

-End-



-CITE-
    25 USC Sec. 677n                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
           BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION
           OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD
           MEMBERS                                       

-HEAD-
    Sec. 677n. Disposal by mixed-blood members of their individual
      interests in tribal assets; requisites and conditions

-STATUTE-
      Any member of the mixed-blood group may dispose of his interest
    in the tribal assets prior to termination of Federal supervision,
    subject to the approval of the Secretary. In the event a member of
    the mixed-blood group determines to dispose of his interest in any
    of said real property at any time within ten years from August 27,
    1954, he shall first offer it to the members of the tribe, and no
    sale of any interest, prior to termination of Federal supervision,
    shall be authorized without such offer to said members of the tribe
    in such form as may be approved by the Secretary. After termination
    of Federal supervision the requirement of such offer, in form to be
    approved by the Secretary, shall be a covenant to run with the land
    for said ten-year period, and shall be expressly provided in any
    patent or deed issued prior to the expiration of said period.

-SOURCE-
    (Aug. 27, 1954, ch. 1009, Sec. 15, 68 Stat. 876.)

-End-



-CITE-
    25 USC Sec. 677o                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
           BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION
           OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD
           MEMBERS                                       

-HEAD-
    Sec. 677o. Termination of restrictions on individually owned
      property of the mixed-blood group

-STATUTE-
    (a) Transfer of control of trust property; removal of sales
      restrictions
      When any mixed-blood member of the tribe has received his
    distributive share of the tribal assets distributed to the mixed-
    blood group under the provisions of section 677i of this title,
    whether such distribution is made in part or in whole to a
    corporation, partnership, or trusteeship in which he is interested,
    or otherwise, the Secretary is authorized and directed to
    immediately transfer to him unrestricted control of all other
    property held in trust for such mixed-blood member by the United
    States, and shall further remove all restrictions on the sale or
    encumbrance of trust or restricted property owned by such member of
    the tribe, and Federal supervision of such member and his property
    shall thereby be terminated, except as to his remaining interest in
    tribal property in the form of any unadjudicated or unliquidated
    claims against the United States, all gas, oil, and mineral rights
    of every kind, and all other tribal assets not susceptible to
    equitable and practicable distribution, all of which shall remain
    subject to the terms of this subchapter, notwithstanding anything
    contained herein to the contrary.
    (b) Partition or sale by Secretary prior to removal of restrictions
      Prior to the removal of restrictions in accordance with the
    provisions of subsection (a) of this section on land owned by more
    than one person, the Secretary may - 
        (1) upon request of any of the owners, partition the land and
      issue to each owner an unrestricted patent or deed for his
      individual share, unless such owner is a full-blood member of the
      tribe or other Indian who owns trust or restricted property, in
      which event a trust patent or restricted deed shall be issued and
      such trust may be terminated or such restrictions may be removed
      when the Secretary determines that the need therefor no longer
      exists;
        (2) upon request of any of the owners and a finding by the
      Secretary that partition of all or any part of the land is not
      practicable, cause all or any part of the land to be sold at not
      less than the appraised value thereof and distribute the proceeds
      of sale to the owners: Provided, That before a sale any one or
      more of the owners may elect to purchase the other interests in
      the land, or the tribe may elect to purchase the entire interest
      in the land, at not less than the appraised value thereof.

-SOURCE-
    (Aug. 27, 1954, ch. 1009, Sec. 16, 68 Stat. 876.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Herein, referred to in subsec. (a), means act Aug. 27, 1954, ch.
    1009, 68 Stat. 868, which comprises this subchapter. For complete
    classification of this Act to the Code, see Tables.

-End-



-CITE-
    25 USC Sec. 677p                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
           BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION
           OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD
           MEMBERS                                       

-HEAD-
    Sec. 677p. Tax exemption; exceptions and time limits; valuation for
      income tax on gains or losses

-STATUTE-
      No distribution of the assets made under the provisions of this
    subchapter shall be subject to any Federal or State income tax:
    Provided, That so much of any cash distribution made hereinunder as
    consists of a share of any interest earned on funds deposited in
    the Treasury of the United States shall not by virtue of this
    subchapter be exempt from individual income tax in the hands of the
    recipients for the year in which paid. Property distributed to the
    mixed-blood group pursuant to the terms of this subchapter shall be
    exempt from property taxes for a period of seven years from August
    27, 1954, unless the original distributee parts with title thereto,
    either by deed, descent, succession, foreclosure of mortgage,
    sheriff's sale or other conveyance: Provided, That the mortgaging,
    hypothecation, granting of a right-of-way, or other similar
    encumbrance of said property shall not be construed as a conveyance
    subjecting said property to taxation under the provisions of this
    section. After seven years from August 27, 1954, all property
    distributed to the mixed-blood members of the tribe under the
    provisions of this subchapter, and all income derived therefrom by
    the individual, corporation, or other legal entity, shall be
    subject to the same taxes, State and Federal, as in the case of non-
    Indians; except that any corporation organized by the mixed-blood
    members for the purpose of aiding in the joint management with the
    tribe and in the distribution of unadjudicated or unliquidated
    claims against the United States, all gas, oil, and mineral rights
    of every kind, and all other assets not susceptible to equitable
    and practicable distribution shall not be subject to corporate
    income taxes. Any valuation for purposes of Federal income tax on
    gains or losses shall take as the basis of the particular taxpayer
    the value of the property on the date title is transferred by the
    United States pursuant to this subchapter.

-SOURCE-
    (Aug. 27, 1954, ch. 1009, Sec. 17, 68 Stat. 876; Aug. 2, 1956, ch.
    880, Sec. 3, 70 Stat. 936.)


-MISC1-
                                AMENDMENTS                            
      1956 - Act Aug. 2, 1956, included within exception clause
    provisions respecting exemption from corporate income taxes.

-End-



-CITE-
    25 USC Sec. 677q                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
           BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION
           OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD
           MEMBERS                                       

-HEAD-
    Sec. 677q. Applicability of decedents' estates laws to individual
      trust property of mixed-blood members

-STATUTE-
      The laws of the United States with respect to probate of wills,
    determination of heirship, and the administration of estates shall
    apply to the individual trust property of mixed-blood members of
    the tribe until Federal supervision is terminated. Thereafter, the
    laws of the several States, Territories, possessions, and the
    District of Columbia within which such mixed-blood members reside
    at the time of their death shall apply.

-SOURCE-
    (Aug. 27, 1954, ch. 1009, Sec. 18, 68 Stat. 877.)

-End-



-CITE-
    25 USC Sec. 677r                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
           BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION
           OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD
           MEMBERS                                       

-HEAD-
    Sec. 677r. Indian claims unaffected

-STATUTE-
      Nothing in this subchapter shall affect any claim heretofore
    filed against the United States by the tribe, or the individual
    bands comprising the tribe.

-SOURCE-
    (Aug. 27, 1954, ch. 1009, Sec. 19, 68 Stat. 877.)

-End-



-CITE-
    25 USC Sec. 677s                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
           BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION
           OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD
           MEMBERS                                       

-HEAD-
    Sec. 677s. Valid leases, permits, liens, etc., unaffected

-STATUTE-
      Nothing in this subchapter shall abrogate any valid lease,
    permit, license, right-of-way, lien, or other contract heretofore
    approved.

-SOURCE-
    (Aug. 27, 1954, ch. 1009, Sec. 20, 68 Stat. 877.)

-End-



-CITE-
    25 USC Sec. 677t                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
           BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION
           OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD
           MEMBERS                                       

-HEAD-
    Sec. 677t. Water rights

-STATUTE-
      Nothing in this subchapter shall abrogate any water rights of the
    tribe or its members.

-SOURCE-
    (Aug. 27, 1954, ch. 1009, Sec. 21, 68 Stat. 877.)

-End-



-CITE-
    25 USC Sec. 677u                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
           BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION
           OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD
           MEMBERS                                       

-HEAD-
    Sec. 677u. Protection of minors, persons non compos mentis, and
      other members needing assistance; guardians

-STATUTE-
      For the purposes of this subchapter, the Secretary shall protect
    the rights of members of the tribe who are minors, non compos
    mentis, or, in the opinion of the Secretary, in need of assistance
    in conducting their affairs, by such means as he may deem adequate,
    but appointment of guardians pursuant to State laws, in any case,
    shall not be required until Federal supervision has terminated.

-SOURCE-
    (Aug. 27, 1954, ch. 1009, Sec. 22, 68 Stat. 877.)

-End-



-CITE-
    25 USC Sec. 677v                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
           BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION
           OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD
           MEMBERS                                       

-HEAD-
    Sec. 677v. Termination of Federal trust; publication; termination
      of Federal services; application of Federal and State laws

-STATUTE-
      Upon removal of Federal restrictions on the property of each
    individual mixed-blood member of the tribe, the Secretary shall
    publish in the Federal Register a proclamation declaring that the
    Federal trust relationship to such individual is terminated.
    Thereafter, such individual shall not be entitled to any of the
    services performed for Indians because of his status as an Indian.
    All statutes of the United States which affect Indians because of
    their status as Indians shall no longer be applicable to such
    member over which supervision has been terminated, and the laws of
    the several States shall apply to such member in the same manner as
    they apply to other citizens within their jurisdiction.

-SOURCE-
    (Aug. 27, 1954, ch. 1009, Sec. 23, 68 Stat. 877.)

-End-



-CITE-
    25 USC Sec. 677w                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
           BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION
           OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD
           MEMBERS                                       

-HEAD-
    Sec. 677w. Presentation of development program for full-blood group
      to eventually terminate Federal supervision

-STATUTE-
      Within three months after August 27, 1954, the business committee
    of the tribe representing the full-blood group thereof shall
    present to the Secretary a development program calculated to assist
    in making the tribe and the members thereof selfsupporting, without
    any special Government assistance, with a view of eventually
    terminating all Federal supervision of the tribe and its members.

-SOURCE-
    (Aug. 27, 1954, ch. 1009, Sec. 24, 68 Stat. 877; Pub. L. 93-608,
    Sec. 1(15), Jan. 2, 1975, 88 Stat. 1969.)


-MISC1-
                                AMENDMENTS                            
      1975 - Pub. L. 93-608 struck out requirement of an annual
    progress report, through the Secretary, by the tribal business
    committee representing the full-blood group.

-End-



-CITE-
    25 USC Sec. 677x                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
           BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION
           OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD
           MEMBERS                                       

-HEAD-
    Sec. 677x. Citizenship status unaffected

-STATUTE-
      Nothing in this subchapter, shall affect the status of the
    members of the tribe as citizens of the United States.

-SOURCE-
    (Aug. 27, 1954, ch. 1009, Sec. 25, 68 Stat. 877.)

-End-



-CITE-
    25 USC Sec. 677y                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
           BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION
           OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD
           MEMBERS                                       

-HEAD-
    Sec. 677y. Execution by Secretary of patents, deeds, etc.

-STATUTE-
      The Secretary shall have authority to execute such patents,
    deeds, assignments, releases, certificates, contracts, and other
    instruments, as may be necessary or appropriate to carry out the
    provisions of this subchapter, or to establish a marketable and
    recordable title to any property disposed of pursuant to this
    subchapter.

-SOURCE-
    (Aug. 27, 1954, ch. 1009, Sec. 26, 68 Stat. 877.)

-End-



-CITE-
    25 USC Sec. 677z                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
           BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION
           OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD
           MEMBERS                                       

-HEAD-
    Sec. 677z. Rules and regulations; tribal or group referenda

-STATUTE-
      The Secretary is authorized to issue rules and regulations
    necessary to effectuate the purposes of this subchapter, and may,
    in his discretion, provide for tribal or group referenda on matters
    pertaining to management or disposition of tribal or group assets.

-SOURCE-
    (Aug. 27, 1954, ch. 1009, Sec. 27, 68 Stat. 878.)

-End-



-CITE-
    25 USC Sec. 677aa                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
           BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION
           OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD
           MEMBERS                                       

-HEAD-
    Sec. 677aa. Procedure by Secretary upon non-agreement between mixed-
      blood and full-blood groups

-STATUTE-
      Whenever any action pursuant to the provisions of this subchapter
    requires the agreement of the mixed-blood and full-blood groups and
    such agreement cannot be reached, the Secretary is authorized to
    proceed in any manner deemed by him to be in the best interests of
    both groups.

-SOURCE-
    (Aug. 27, 1954, ch. 1009, Sec. 28, 68 Stat. 878.)

-End-


-CITE-
    25 USC SUBCHAPTER XXIX - RED LAKE BAND OF CHIPPEWA
           INDIANS OF MINNESOTA                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXIX - RED LAKE BAND OF CHIPPEWA INDIANS OF MINNESOTA

-HEAD-
     SUBCHAPTER XXIX - RED LAKE BAND OF CHIPPEWA INDIANS OF MINNESOTA 

-End-



-CITE-
    25 USC Sec. 681                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXIX - RED LAKE BAND OF CHIPPEWA INDIANS OF MINNESOTA

-HEAD-
    Sec. 681. Per capita payment to tribal members; rules and
      regulations

-STATUTE-
      The Secretary of the Interior is authorized to withdraw as much
    as may be necessary from the fund on deposit in the Treasury of the
    United States arising from the proceeds of the sale of timber and
    lumber within the Red Lake Reservation in Minnesota, according to
    the provisions of the Act of May 18, 1916 (39 Stat. 137), to the
    credit of the Red Lake Indians in Minnesota, and to pay therefrom
    $100 to each member of the Red Lake Band of Chippewa Indians of
    Minnesota who is living on June 19, 1952. Such payment shall be
    made under such rules and regulations as the Secretary of the
    Interior may prescribe: Provided, That such payment shall be made
    first from any funds on deposit in the Treasury of the United
    States to the credit of the Red Lake Band of the Chippewa Indians,
    of Minnesota, drawing interest at the rate of 5 per centum and
    thereafter from funds drawing 4 per centum.

-SOURCE-
    (June 19, 1952, ch. 445, Sec. 1, 66 Stat. 139.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of May 18, 1916, referred to in text, is act May 18, 1916,
    ch. 125, 39 Stat. 123. Provisions of the act relating to the sale
    of timber are set out at 39 Stat. 137 and were not classified to
    the Code.

-End-



-CITE-
    25 USC Sec. 682                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXIX - RED LAKE BAND OF CHIPPEWA INDIANS OF MINNESOTA

-HEAD-
    Sec. 682. Payment free of liens or claims

-STATUTE-
      No money paid to Indians under sections 681 to 683 of this title
    shall be subject to any lien or claim of attorneys or other
    persons. Before any payment is made under said sections, the Red
    Lake Band of Chippewa Indians of Minnesota shall, in such manner as
    may be prescribed by the Secretary of the Interior, ratify and
    accept the provisions of said sections.

-SOURCE-
    (June 19, 1952, ch. 445, Sec. 2, 66 Stat. 139.)

-End-



-CITE-
    25 USC Sec. 683                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXIX - RED LAKE BAND OF CHIPPEWA INDIANS OF MINNESOTA

-HEAD-
    Sec. 683. Payments not "other income and resources"

-STATUTE-
      Payments made under sections 681 to 683 of this title shall not
    be held to be "other income and resources" as that term is used in
    sections 302(a)(7), 602(a)(7),(!1) and 1202(a)(8) of title 42.


-SOURCE-
    (June 19, 1952, ch. 445, Sec. 3, 66 Stat. 140.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 602 of title 42, referred to in text, was repealed and a
    new section 602 enacted by Pub. L. 104-193, title I, Sec.
    103(a)(1), Aug. 22, 1996, 110 Stat. 2112, and, as so enacted,
    subsec. (a)(7) no longer contains the term "other income and
    resources".

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    25 USC Sec. 684                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXIX - RED LAKE BAND OF CHIPPEWA INDIANS OF MINNESOTA

-HEAD-
    Sec. 684. Per capita payment to tribal members; installments; rules
      and regulations

-STATUTE-
      The Secretary of the Interior is authorized to withdraw as much
    as may be necessary from the fund on deposit in the Treasury of the
    United States arising from the proceeds of the sale of timber and
    lumber within the Red Lake Reservation in Minnesota, according to
    the provisions of the Act of May 18, 1916 (39 Stat. 137), to the
    credit of the Red Lake Indians in Minnesota, and to pay therefrom
    $50 to each member of the Red Lake Band of Chippewa Indians of
    Minnesota who is living on August 27, 1954. Such payment shall be
    made in two installments of $25 each, the first to be made within
    thirty days of ratification by the Red Lake Band of Chippewa
    Indians of Minnesota as provided for in section 685 of this title,
    the second installment ninety days thereafter, and under such other
    rules and regulations as the Secretary of the Interior may
    prescribe.

-SOURCE-
    (Aug. 27, 1954, ch. 1011, Sec. 1, 68 Stat. 878.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of May 18, 1916, referred to in text, is act May 18, 1916,
    ch. 125, 39 Stat. 123. Provisions of the act relating to sale of
    timber are set out at 39 Stat. 137 and were not classified to the
    Code.

-End-



-CITE-
    25 USC Sec. 685                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXIX - RED LAKE BAND OF CHIPPEWA INDIANS OF MINNESOTA

-HEAD-
    Sec. 685. Payment free of liens or claims

-STATUTE-
      No money paid to Indians under sections 684 to 686 of this title
    shall be subject to any lien or claim of attorneys or other
    persons. Before any payment is made under said sections, the Red
    Lake Band of Chippewa Indians of Minnesota shall, in such manner as
    may be prescribed by the Secretary of the Interior, ratify and
    accept the provisions of said sections.

-SOURCE-
    (Aug. 27, 1954, ch. 1011, Sec. 2, 68 Stat. 879.)

-End-



-CITE-
    25 USC Sec. 686                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXIX - RED LAKE BAND OF CHIPPEWA INDIANS OF MINNESOTA

-HEAD-
    Sec. 686. Payments not "other income and resources"

-STATUTE-
      Payments made under sections 684 to 686 of this title shall not
    be held to be "other income and resources" as that term is used in
    sections 302(a)(7), 602(a)(7),(!1) and 1202(a)(8) of title 42.


-SOURCE-
    (Aug. 27, 1954, ch. 1011, Sec. 3, 68 Stat. 879.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 602 of title 42, referred to in text, was repealed and a
    new section 602 enacted by Pub. L. 104-193, title I, Sec.
    103(a)(1), Aug. 22, 1996, 110 Stat. 2112, and, as so enacted,
    subsec. (a)(7) no longer contains the term "other income and
    resources".

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    25 USC Sec. 687                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXIX - RED LAKE BAND OF CHIPPEWA INDIANS OF MINNESOTA

-HEAD-
    Sec. 687. Per capita payment to tribal members; rules and
      regulations

-STATUTE-
      The Secretary of the Interior is authorized to withdraw as much
    as may be necessary from the fund on deposit in the Treasury of the
    United States arising from the proceeds of the sale of timber and
    lumber within the Red Lake Reservation in Minnesota, according to
    the provisions of the Act of May 18, 1916 (39 Stat. 137), to the
    credit of the Red Lake Indians in Minnesota, and to pay therefrom
    $100 to each member of the Red Lake Band of Chippewa Indians of
    Minnesota who is living on August 28, 1958. Such payment shall be
    made under such rules and regulations as the Secretary of the
    Interior may prescribe.

-SOURCE-
    (Pub. L. 85-794, Sec. 1, Aug. 28, 1958, 72 Stat. 958.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of May 18, 1916, referred to in text, is act May 18, 1916,
    ch. 125, 39 Stat. 123. Provisions of the act relating to sale of
    timber are set out at 39 Stat. 137 and were not classified to the
    Code.


-MISC1-
                   PER CAPITA PAYMENTS FROM NET PROCEEDS               
      Section 4 of Pub. L. 85-794 amended the nineteenth paragraph of
    section 9 of act May 18, 1916, ch. 125, 39 Stat. 138, to read as
    follows: "After the payment of all expenses connected with the
    administration of these lands as herein provided, the net proceeds
    therefrom shall be covered into the Treasury of the United States
    to the credit of the Red Lake Indians and draw interest at the rate
    of 4 per centum per annum. Any part of such fund or the interest
    thereon that is in excess of reserve and operating requirements, as
    determined by the Secretary of the Interior, may be distributed per
    capita to the members of the Red Lake Band upon request of the
    tribal council and approval by the Secretary."

                 ADMINISTRATION OF RED LAKE INDIAN FOREST             
      Section 5 of Pub. L. 85-794, amended act May 18, 1916, ch. 125,
    Sec. 9(17), 39 Stat. 137, to read as follows: "The Red Lake Indian
    Forest shall be administered by the Secretary of the Interior in
    accordance with principles of scientific forestry that will
    encourage the production of successive timber crops for the benefit
    of the Indians of the Red Lake Band, and he is hereby authorized
    (a) to harvest, sell, and manufacture such marketable timber from
    any tribal lands within the Red Lake Indian Reservation as he may
    deem to be advisable and, if the timber is the growth of Red Lake
    Indian Forest, in keeping with the foregoing principles, (b) to
    establish nurseries and otherwise provide for the reforestation of
    said lands, (c) to construct and operate sawmills and other
    facilities for the manufacture into marketable products of the
    timber harvested from said lands, (d) to purchase, harvest, and
    manufacture such additional timber standing on or severed from any
    other lands, including lands outside the reservation, as in his
    opinion may contribute to the profitable operation of such sawmills
    and other facilities as a tribal enterprise, subject to such
    limitations on expenditures as may be prescribed in annual
    appropriations acts, and (e) to employ such persons and use such
    means as he may find necessary to carry out the purposes of the
    foregoing provisions. Any proceeds derived from sales of timber or
    timber products under this paragraph may be expended in payment of
    the expenses of any of the activities authorized by this paragraph
    including construction expenses."

-End-



-CITE-
    25 USC Sec. 688                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXIX - RED LAKE BAND OF CHIPPEWA INDIANS OF MINNESOTA

-HEAD-
    Sec. 688. Payment free of liens or claims

-STATUTE-
      No money paid to Indians under sections 687 to 689 of this title
    shall be subject to any lien or claim of attorneys, or other
    persons.

-SOURCE-
    (Pub. L. 85-794, Sec. 2, Aug. 28, 1958, 72 Stat. 958.)

-End-



-CITE-
    25 USC Sec. 689                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXIX - RED LAKE BAND OF CHIPPEWA INDIANS OF MINNESOTA

-HEAD-
    Sec. 689. Payments not "other income and resources"

-STATUTE-
      Payments made under sections 687 to 689 of this title shall not
    be held to be "other income and resources" as that term is used in
    sections 302(a)(7), 602(a)(7),(!1) and 1202(a)(8) of title 42.


-SOURCE-
    (Pub. L. 85-794, Sec. 3, Aug. 28, 1958, 72 Stat. 958.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 602 of title 42, referred to in text, was repealed and a
    new section 602 enacted by Pub. L. 104-193, title I, Sec.
    103(a)(1), Aug. 22, 1996, 110 Stat. 2112, and, as so enacted,
    subsec. (a)(7) no longer contains the term "other income and
    resources".

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    25 USC Sec. 690                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXIX - RED LAKE BAND OF CHIPPEWA INDIANS OF MINNESOTA

-HEAD-
    Sec. 690. Distribution of judgment fund; tax exemption of per
      capita payments

-STATUTE-
      The funds on deposit in the Treasury of the United States to the
    credit of the Red Lake Band of Chippewa Indians that were
    appropriated by the Act of June 9, 1964, to pay a judgment by the
    Indian Claims Commission in docket 18A, and the interest thereon,
    after payment of attorney fees and expenses, may be advanced or
    expended for any purpose that is authorized by the tribal governing
    body and approved by the Secretary of the Interior. Any part of
    such funds that may be distributed per capita to the members of the
    tribe shall not be subject to Federal or State income tax.

-SOURCE-
    (Pub. L. 88-663, Oct. 13, 1964, 78 Stat. 1093.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 9, 1964, referred to in text, is act June 9, 1964,
    Pub. L. 88-317, 78 Stat. 204, which was not classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-


-CITE-
    25 USC SUBCHAPTER XXX - WESTERN OREGON INDIANS:
           TERMINATION OF FEDERAL SUPERVISION              01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX - WESTERN OREGON INDIANS: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
      SUBCHAPTER XXX - WESTERN OREGON INDIANS: TERMINATION OF FEDERAL
                                SUPERVISION

-End-



-CITE-
    25 USC Sec. 691                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX - WESTERN OREGON INDIANS: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 691. Purpose

-STATUTE-
      The purpose of this subchapter is to provide for the termination
    of Federal supervision over the trust and restricted property of
    certain tribes and bands of Indians located in western Oregon and
    the individual members thereof, for the disposition of federally
    owned property acquired or withdrawn for the administration of the
    affairs of such Indians, and for a termination of Federal services
    furnished such Indians because of their status as Indians.

-SOURCE-
    (Aug. 13, 1954, ch. 733, Sec. 1, 68 Stat. 724.)


-MISC1-
                        REPEAL OF INCONSISTENT LAWS                    
      Section 19 of act Aug. 13, 1954, provided that: "All Acts or
    parts of Acts inconsistent with this Act [this subchapter] are
    hereby repealed insofar as they affect a tribe or its members. The
    Act of June 18, 1934 (48 Stat. 948), as amended by the Act of June
    15, 1935 (49 Stat. 378) [section 461 et seq. of this title], shall
    not apply to a tribe and its members after the date of the
    proclamation provided for in section 13 of this Act [section 703 of
    this title]."

                               SEPARABILITY                           
      Section 20 of act Aug. 13, 1954, provided that: "If any provision
    of this Act [this subchapter], or the application thereof to any
    person or circumstance, is held invalid, the remainder of the Act
    [this subchapter] and the application of such provision to other
    persons or circumstances shall not be affected thereby."

                    RESTORATION OF FEDERAL SUPERVISION                
      Federal supervision over certain tribes and bands of Indians has
    been restored as follows:
        Confederated Tribes of Siletz Indians of Oregon, see section
      711 et seq. of this title.
        Cow Creek Bank of Umpqua Tribe of Oregon, see section 712 et
      seq. of this title.
        Confederated Tribes of the Grand Ronde Community of Oregon, see
      section 713 et seq. of this title.
        Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians,
      see section 714 et seq. of this title.
        Coquille Indian Tribe of Oregon, see section 715 et seq. of
      this title.

-End-



-CITE-
    25 USC Sec. 692                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX - WESTERN OREGON INDIANS: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 692. Definitions

-STATUTE-
      For the purposes of this subchapter:
      (a) "Tribe" means any of the tribes, bands, groups, or
    communities of Indians located west of the Cascade Mountains in
    Oregon, including the following: Confederated Tribes of the Grand
    Ronde Community, Confederated Tribes of Siletz Indians, Alsea,
    Applegate Creek, Calapooya, Chaftan, Chempho, Chetco,
    Chetlessington, Chinook, Clackamas, Clatskanie, Clatsop,
    Clowwewalla, Coos, Cow Creek, Euchees, Galic Creek, Grave, Joshua,
    Karok, Kathlamet, Kusotony, Kwatami or Sixes, Lakmiut, Long Tom
    Creek, Lower Coquille, Lower Umpqua, Maddy, Mackanotin, Mary's
    River, Multnomah, Munsel Creek, Naltunnetunne, Nehalem, Nestucca,
    Northern Molalla, Port Orford, Pudding River, Rogue River, Salmon
    River, Santiam, Scoton, Shasta, Shasta Costa, Siletz, Siuslaw,
    Skiloot, Southern Molalla, Takelma, Tillamook, Tolowa, Tualatin,
    Tututui, Upper Coquille, Upper Umpqua, Willamette Tumwater,
    Yamhill, Yaquina, and Yoncalla;
      (b) "Secretary" means the Secretary of the Interior.
      (c) "Lands" means real property interest therein, or improvements
    thereon, and includes water rights.
      (d) "Tribal property" means any real or personal property,
    including water rights, or any interest in real or personal
    property, that belongs to the tribe and either is held by the
    United States in trust for the tribe or is subject to a restriction
    against alienation imposed by the United States.

-SOURCE-
    (Aug. 13, 1954, ch. 733, Sec. 2, 68 Stat. 724.)

-End-



-CITE-
    25 USC Sec. 693                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX - WESTERN OREGON INDIANS: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 693. Membership roll; preparation and initial publication;
      eligibility for enrollment; appeal from inclusion or omission
      from roll; finality of determination; final publication

-STATUTE-
      Within ninety days after August 13, 1954, the Secretary shall
    publish in the Federal Register (1) a list of those tribes for
    which membership rolls will be required for the purposes of this
    subchapter, and (2) a list of those tribes for which no membership
    rolls will be required for the purposes of this subchapter. Each
    tribe on each list shall have a period of six months from the date
    of publication of the notice in which to prepare and submit to the
    Secretary a proposed roll of the members of the tribe living on
    August 13, 1954, which shall be published in the Federal Register.
    In the absence of applicable law, or eligibility requirements in an
    approved constitution, bylaws, or membership ordinance, eligibility
    for enrollment shall be determined under such rules and regulations
    as the Secretary may prescribe. No person shall be enrolled on more
    than one tribal roll prepared pursuant to this subchapter. If a
    tribe on list one fails to submit such roll within the time
    specified in this section, the Secretary shall prepare a proposed
    roll for the tribe, which shall be published in the Federal
    Register. Any person claiming membership rights in the tribe or an
    interest in its assets, or a representative of the Secretary on
    behalf of any such person, may, within ninety days from the date of
    publication of the proposed roll, file an appeal with the Secretary
    contesting the inclusion or omission of the name of any person on
    or from such roll. The Secretary shall review such appeals and his
    decisions thereon shall be final and conclusive. After disposition
    of all such appeals the roll of the tribe shall be published in the
    Federal Register and such roll shall be final for the purposes of
    this subchapter.

-SOURCE-
    (Aug. 13, 1954, ch. 733, Sec. 3, 68 Stat. 724.)

-End-



-CITE-
    25 USC Sec. 694                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX - WESTERN OREGON INDIANS: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 694. Personal property rights; restrictions

-STATUTE-
      Upon publication in the Federal Register of the final roll as
    provided in section 693 of this title, the rights or beneficial
    interests in tribal property of each person whose name appears on
    the roll shall constitute personal property which may be inherited
    or bequeathed, but shall not otherwise be subject to alienation or
    encumbrance before the transfer of title to such tribal property as
    provided in section 695 of this title without the approval of the
    Secretary. Any contract made in violation of this section shall be
    null and void.

-SOURCE-
    (Aug. 13, 1954, ch. 733, Sec. 4, 68 Stat. 725.)

-End-



-CITE-
    25 USC Sec. 695                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX - WESTERN OREGON INDIANS: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 695. Tribal property

-STATUTE-
    (a) Procedure for transfer
      Upon request of a tribe, the Secretary is authorized within two
    years from August 13, 1954, to transfer to a corporation or other
    legal entity organized by the tribe in a form satisfactory to the
    Secretary title to all or any part of the tribal property, real and
    personal, or to transfer to one or more trustees designated by the
    tribe and approved by the Secretary, title to all or any part of
    such property to be held in trust for management or liquidation
    purposes under such terms and conditions as may be specified by the
    tribe and approved by the Secretary, or to sell all or any part of
    such property and make a pro rata distribution of the proceeds of
    sale among the members of the tribe after deducting, in his
    discretion, reasonable costs of sale and distribution.
    (b) Property not transferred in accordance with recognized
      procedure; election to retain property
      Title to any tribal property that is not transferred in
    accordance with the provisions of subsection (a) of this section
    shall be transferred by the Secretary to one or more trustees
    designated by him for the liquidation and distribution of assets
    among the members of the tribe under such terms and conditions as
    the Secretary may prescribe: Provided, That the trust agreement
    shall provide for the termination of the trust not more than three
    years from the date of such transfer unless the term of the trust
    is extended by order of a judge of a court of record designated in
    the trust agreement: Provided further, That the trust agreement
    shall provide that at any time before the sale of tribal property
    by the trustees the tribe may notify the trustees that it elects to
    retain such property and to transfer title thereto to a
    corporation, other legal entity, or trustee in accordance with the
    provisions of subsection (a) of this section, and that the trustees
    shall transfer title to such property in accordance with the notice
    from the tribe if it is approved by the Secretary.
    (c) Compensation of agents or attorneys
      The Secretary shall not approve any form of organization pursuant
    to subsection (a) of this section that provides for the transfer of
    stock or an undivided share in corporate assets as compensation for
    the services of agents or attorneys unless such transfer is based
    upon an appraisal of tribal assets that is satisfactory to the
    Secretary.
    (d) Selection of trustees; approval by Secretary
      When approving or disapproving the selection of trustees in
    accordance with the provisions of subsection (a) of this section,
    and when designating trustees pursuant to subsection (b) of this
    section, the Secretary shall give due regard to the laws of the
    State of Oregon that relate to the selection of trustees.

-SOURCE-
    (Aug. 13, 1954, ch. 733, Sec. 5, 68 Stat. 725.)

-End-



-CITE-
    25 USC Sec. 696                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX - WESTERN OREGON INDIANS: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 696. Individual property

-STATUTE-
    (a) Transfer of unrestricted control
      The Secretary is authorized and directed to transfer within two
    years after August 13, 1954 to each member of each tribe
    unrestricted control of funds or other personal property held in
    trust for such member by the United States.
    (b) Removal of restrictions on sales or encumbrances; fee simple
      title
      All restrictions on the sale or encumbrance of trust or
    restricted land owned by members of the tribes (including
    allottees, purchasers, heirs, and devisees, either adult or minor)
    are removed two years after August 13, 1954 and the patents or
    deeds under which titles are then held shall pass the titles in fee
    simple, subject to any valid encumbrance. The titles to all
    interests in trust or restricted land acquired by members of the
    tribes by devise or inheritance two years or more after August 13,
    1954 shall vest in such members in fee simple, subject to any valid
    encumbrance.
    (c) Multiple land ownership; partition; sale; election to purchase;
      unlocated owners
      Prior to the time provided in subsection (d) (!1) of this section
    for the removal of restrictions on land owned by more than one
    member of a tribe, the Secretary may - 

        (1) upon request of any of the owners, partition the land and
      issue to each owner a patent or deed for his individual share
      that shall become unrestricted two years from August 13, 1954;
        (2) upon request of any of the owners and a finding by the
      Secretary that partition of all or any part of the land is not
      practicable, cause all or any part of the land to be sold at not
      less than the appraised value thereof and distribute the proceeds
      of sale to the owners: Provided, That any one or more of the
      owners may elect before a sale to purchase the other interests in
      the land at not less than the appraised value thereof, and the
      purchaser shall receive an unrestricted patent or deed to the
      land; and
        (3) if the whereabouts of none of the owners can be
      ascertained, cause such lands to be sold and deposit the proceeds
      of sale in the Treasury of the United States for safekeeping.

-SOURCE-
    (Aug. 13, 1954, ch. 733, Sec. 6, 68 Stat. 725.)

-FOOTNOTE-
    (!1) So in original. Probably should be subsection "(b)".


-End-



-CITE-
    25 USC Sec. 697                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX - WESTERN OREGON INDIANS: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 697. Property of deceased members

-STATUTE-
    (a) Federal laws not applicable to probate
      The Act of June 25, 1910 (36 Stat. 855), the Act of February 14,
    1913 (37 Stat. 678), and other Acts amendatory thereto shall not
    apply to the probate of the trust and restricted property of the
    members of the tribes who die six months or more after August 13,
    1954.
    (b) State, etc., laws applicable to probate
      The laws of the several States, Territories, possessions, and the
    District of Columbia with respect to the probate of wills, the
    determination of heirs, and the administration of decedents'
    estates shall apply to the individual property of members of the
    tribes who die six months or more after August 13, 1954.

-SOURCE-
    (Aug. 13, 1954, ch. 733, Sec. 7, 68 Stat. 726.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 25, 1910, referred to in subsec. (a), is act June 25,
    1910, ch. 431, 36 Stat. 855, as amended, which enacted sections 47,
    93, 151, 202, 337, 344a, 351, 352, 353, 372, 403, 406, 407, and 408
    of this title, sections 6a-1 and 16a of Title 41, Public Contracts,
    and section 148 of Title 43, Public Lands, and amended sections
    191, 312, 331, 333, and 336 of this title and sections 104 and 107
    of former Title 18, Criminal Code and Criminal Procedure. Sections
    104 and 107 of former title 18 were repealed and reenacted as
    sections 1853 and 1856 of Title 18, Crimes and Criminal Procedure,
    by act June 25, 1948, ch. 645, 62 Stat. 683. For complete
    classification of this Act to the Code, see Tables.
      Act of February 14, 1913, referred to in subsec. (a), is act Feb.
    14, 1913, ch. 55, 37 Stat. 678, which amended section 373 of this
    title. For complete classification of this Act to the Code, see
    Tables.

-End-



-CITE-
    25 USC Sec. 698                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX - WESTERN OREGON INDIANS: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 698. Transfer of federally owned property

-STATUTE-
      The Secretary is authorized, in his discretion, to transfer to
    any tribe or any member or group of members thereof any federally
    owned property acquired, withdrawn, or used for the administration
    of the affairs of the tribes subject to this subchapter which he
    deems necessary for Indian use, or to transfer to a public or
    nonprofit body any such property which he deems necessary for
    public use and from which members of the tribes will derive
    benefits.

-SOURCE-
    (Aug. 13, 1954, ch. 733, Sec. 8, 68 Stat. 726.)

-End-



-CITE-
    25 USC Sec. 699                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX - WESTERN OREGON INDIANS: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 699. Taxes; initial exemption; taxes following distribution;
      valuation for capital gains or losses

-STATUTE-
      No property distributed under the provisions of this subchapter
    shall at the time of distribution be subject to Federal or State
    income tax. Following any distribution of property made under the
    provisions of this subchapter, such property and any income derived
    therefrom by the individual, corporation, or other legal entity
    shall be subject to the same taxes, State and Federal, as in the
    case of non-Indians: Provided, That for the purpose of capital
    gains or losses the base value of the property shall be the value
    of the property when distributed to the individual, corporation, or
    other legal entity.

-SOURCE-
    (Aug. 13, 1954, ch. 733, Sec. 9, 68 Stat. 726.)

-End-



-CITE-
    25 USC Sec. 700                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX - WESTERN OREGON INDIANS: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 700. Protection of minors, persons non compos mentis and other
      members needing assistance; guardians; other adequate means

-STATUTE-
      Prior to the transfer of title to, or the removal of restrictions
    from, property in accordance with the provisions of this
    subchapter, the Secretary shall protect the rights of members of
    the tribes who are minors, non compos mentis, or in the opinion of
    the Secretary in need of assistance in conducting their affairs by
    causing the appointment of guardians for such members in courts of
    competent jurisdiction, or by such other means as he may deem
    adequate.

-SOURCE-
    (Aug. 13, 1954, ch. 733, Sec. 10, 68 Stat. 726.)

-End-



-CITE-
    25 USC Sec. 701                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX - WESTERN OREGON INDIANS: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 701. Advances or expenditures from tribal funds

-STATUTE-
      Pending the completion of the property dispositions provided for
    in this subchapter, the funds now on deposit, or hereafter
    deposited in the Treasury of the United States to the credit of a
    tribe shall be available for advance to the tribe, or for
    expenditure, for such purposes as may be designated by the
    governing body of the tribe and approved by the Secretary.

-SOURCE-
    (Aug. 13, 1954, ch. 733, Sec. 11, 68 Stat. 726.)

-End-



-CITE-
    25 USC Sec. 702                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX - WESTERN OREGON INDIANS: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 702. Execution by Secretary of patents, deeds, etc.

-STATUTE-
      The Secretary shall have authority to execute such patents,
    deeds, assignments, releases, certificates, contracts, and other
    instruments as may be necessary or appropriate to carry out the
    provisions of this subchapter, or to establish a marketable and
    recordable title to any property disposed of pursuant to this
    subchapter.

-SOURCE-
    (Aug. 13, 1954, ch. 733, Sec. 12, 68 Stat. 727.)

-End-



-CITE-
    25 USC Sec. 703                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX - WESTERN OREGON INDIANS: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 703. Termination of Federal trust

-STATUTE-
    (a) Publication; termination of Federal services; application of
      Federal and State laws
      Upon removal of Federal restrictions on the property of each
    tribe and individual members thereof, the Secretary shall publish
    in the Federal Register a proclamation declaring that the Federal
    trust relationship to the affairs of the tribe and its members has
    terminated. Thereafter individual members of the tribe shall not be
    entitled to any of the services performed by the United States for
    Indians because of their status as Indians, all statutes of the
    United States which affect Indians because of their status as
    Indians, excluding statutes that specifically refer to the tribe
    and its members, shall no longer be applicable to the members of
    the tribe, and the laws of the several States shall apply to the
    tribe and its members in the same manner as they apply to other
    citizens or persons within their jurisdiction.
    (b) Citizenship status unaffected
      Nothing in this subchapter shall affect the status of the members
    of a tribe as citizens of the United States.
    (c) Education and training program; purposes; subjects;
      transportation; subsistence; contracts; other education programs
      Prior to the issuance of a proclamation in accordance with the
    provisions of this section, the Secretary is authorized to
    undertake, within the limits of available appropriations, a special
    program of education and training designed to help the members of
    the tribe to earn a livelihood, to conduct their own affairs, and
    to assume their responsibilities as citizens without special
    services because of their status as Indians. Such program may
    include language training, orientation in non-Indian community
    customs and living standards, vocational training and related
    subjects, transportation to the place of training or instruction,
    and subsistence during the course of training or instruction. For
    the purposes of such program the Secretary is authorized to enter
    into contracts or agreements with any Federal, State, or local
    governmental agency, corporation, association, or person. Nothing
    in this section shall preclude any Federal agency from undertaking
    any other program for the education and training of Indians with
    funds appropriated to it.

-SOURCE-
    (Aug. 13, 1954, ch. 733, Sec. 13, 68 Stat. 727.)

-End-



-CITE-
    25 USC Sec. 704                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX - WESTERN OREGON INDIANS: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 704. Omitted

-COD-
                               CODIFICATION                           
      Section, act Aug. 13, 1954, ch. 733, Sec. 14, 68 Stat. 727, which
    revoked corporate charter of Confederated Tribes of Grand Ronde
    Community of Oregon and provided for termination of Federal power
    with regard to tribe, was omitted in view of Federal recognition
    and restoration of corporate charter of Confederated Tribes of
    Grand Ronde Community of Oregon by section 713b of this title.

-End-



-CITE-
    25 USC Sec. 705                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX - WESTERN OREGON INDIANS: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 705. Offset of individual indebtedness; credit

-STATUTE-
      The Secretary is authorized to set off against any indebtedness
    payable to the tribe or to the United States by an individual
    member of the tribe, or payable to the United States by the tribe,
    any funds payable to such individual or tribe under this subchapter
    and to deposit the amount set off to the credit of the tribe or the
    United States as the case may be.

-SOURCE-
    (Aug. 13, 1954, ch. 733, Sec. 15, 68 Stat. 727.)

-End-



-CITE-
    25 USC Sec. 706                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX - WESTERN OREGON INDIANS: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 706. Indian claims unaffected

-STATUTE-
      Nothing in this subchapter shall affect any claim heretofore
    filed against the United States by any tribe.

-SOURCE-
    (Aug. 13, 1954, ch. 733, Sec. 16, 68 Stat. 727.)

-End-



-CITE-
    25 USC Sec. 707                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX - WESTERN OREGON INDIANS: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 707. Valid leases, permits, liens, etc., unaffected

-STATUTE-
      Nothing in this subchapter shall abrogate any valid lease,
    permit, license, right-of-way, lien, or other contract heretofore
    approved. Whenever any such instrument places in or reserves to the
    Secretary any powers, duties, or other functions with respect to
    the property subject thereto, the Secretary may transfer such
    functions, in whole or in part, to any Federal agency with the
    consent of such agency.

-SOURCE-
    (Aug. 13, 1954, ch. 733, Sec. 17, 68 Stat. 728.)

-End-



-CITE-
    25 USC Sec. 708                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX - WESTERN OREGON INDIANS: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 708. Rules and regulations; tribal referenda

-STATUTE-
      The Secretary is authorized to issue rules and regulations
    necessary to effectuate the purposes of this subchapter, and may in
    his discretion provide for tribal referenda on matters pertaining
    to management or disposition of tribal assets.

-SOURCE-
    (Aug. 13, 1954, ch. 733, Sec. 18, 68 Stat. 728.)

-End-


-CITE-
    25 USC SUBCHAPTER XXX-A - SILETZ INDIAN TRIBE:
           RESTORATION OF FEDERAL SUPERVISION              01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-A - SILETZ INDIAN TRIBE: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
      SUBCHAPTER XXX-A - SILETZ INDIAN TRIBE: RESTORATION OF FEDERAL
                                SUPERVISION

-End-



-CITE-
    25 USC Sec. 711                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-A - SILETZ INDIAN TRIBE: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 711. Definitions

-STATUTE-
      For the purposes of this subchapter - 
        (1) the term "tribe" means the Confederated Tribes of Siletz
      Indians of Oregon;
        (2) the term "Secretary" means the Secretary of the Interior or
      his authorized representative;
        (3) the term "Interim Council" means the council elected
      pursuant to section 711c of this title;
        (4) the term "member", when used with respect to the tribe,
      means a person enrolled on the membership roll of the tribe, as
      provided in section 711b of this title; and
        (5) the term "final membership roll" means the final membership
      roll of the tribe published on July 20, 1956, on pages 5454-5462
      of volume 21 of the Federal Register.

-SOURCE-
    (Pub. L. 95-195, Sec. 2, Nov. 18, 1977, 91 Stat. 1415.)


-MISC1-
                                SHORT TITLE                            
      Section 1 of Pub. L. 95-195 provided: "That this Act [enacting
    this subchapter] may be cited as the 'Siletz Indian Tribe
    Restoration Act'."

-End-



-CITE-
    25 USC Sec. 711a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-A - SILETZ INDIAN TRIBE: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 711a. Federal recognition

-STATUTE-
    (a) Extension; laws applicable; eligibility for Federal services
      and benefits
      Federal recognition is hereby extended to the tribe, and the
    provisions of the Act of June 18, 1934 (48 Stat. 984) as amended
    [25 U.S.C. 461 et seq.], except as inconsistent with specific
    provisions of this subchapter, are made applicable to the tribe and
    the members of the tribe. The tribe and the members of the tribe
    shall be eligible for all Federal services and benefits furnished
    to federally recognized Indian tribes. Notwithstanding any
    provision to the contrary in any law establishing such services or
    benefits, eligibility of the tribe and its members for such Federal
    services and benefits shall become effective upon November 18,
    1977, without regard to the existence of a reservation for the
    tribe or the residence of members of the tribe on a reservation.
    (b) Restoration of rights and privileges
      Except as provided in subsection (c) of this section, all rights
    and privileges of the tribe and of members of the tribe under any
    Federal treaty, Executive order, agreement, or statute, or under
    any other authority, which were diminished or lost under the Act of
    August 13, 1954 (68 Stat. 724) [25 U.S.C. 691 et seq.], are hereby
    restored, and such Act shall be inapplicable to the tribe and to
    members of the tribe after November 18, 1977.
    (c) Hunting, fishing or trapping rights and tribal reservations not
      restored
      This subchapter shall not grant or restore any hunting, fishing,
    or trapping right of any nature, including any indirect or
    procedural right or advantage, to the tribe or any member of the
    tribe, nor shall it be construed as granting, establishing, or
    restoring a reservation for the tribe.
    (d) Effect on property rights or obligations, contractual rights or
      obligations, or obligations for taxes
      Except as specifically provided in this subchapter, nothing in
    this subchapter shall alter any property right or obligation, any
    contractual right or obligation, or any obligation for taxes
    already levied.

-SOURCE-
    (Pub. L. 95-195, Sec. 3, Nov. 18, 1977, 91 Stat. 1415.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, referred to in subsec. (a), popularly known
    as the Indian Reorganization Act, is classified generally to
    subchapter V (Sec. 461 et seq.) of this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of this title and Tables.
      Act of August 13, 1954, referred to in subsec. (b), is act Aug.
    13, 1954, ch. 733, 68 Stat. 724, which is classified generally to
    subchapter XXX (Sec. 691 et seq.) of this chapter. For complete
    classification of this Act to the Code, see Tables.

-End-



-CITE-
    25 USC Sec. 711b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-A - SILETZ INDIAN TRIBE: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 711b. Membership roll

-STATUTE-
    (a) Opening; duty of Secretary, Interim Council, and tribal
      officials
      The final membership roll is declared open. The Secretary, the
    Interim Council, and tribal officials under the tribal constitution
    and bylaws shall take such measures as will insure the continuing
    accuracy of the membership roll.
    (b) Prerequisites for inclusion
      (1) Until after the initial election of tribal officers under the
    tribal constitution and bylaws, a person shall be a member of the
    tribe and his name shall be placed on the membership roll if he is
    living and if - 
        (A) his name is listed on the final membership roll;
        (B) he was entitled on August 13, 1954, to be on the final
      membership roll but his name was not listed on that roll; or
        (C) he is a descendant of a person specified in subparagraph
      (A) or (B) and possesses at least one-fourth degree of blood of
      members of the tribe or their Siletz Indian ancestors.

      (2) After the initial election of tribal officials under the
    tribal constitution and bylaws, the provisions of the tribal
    constitution and bylaws shall govern membership in the tribe.
    (c) Verification of descendancy, age, and blood; appeal; finality
      of determination; possession of enrollment records and materials
      (1) Before election of the Interim Council, verification of
    descendancy, age, and blood shall be made upon oath before the
    Secretary and his determination thereon shall be final.
      (2) After election of the Interim Council and before the initial
    election of the tribal officials, verification of descendancy, age,
    and blood shall be made upon oath before the Interim Council, or
    its authorized representative. A member of the tribe, with respect
    to the inclusion of any name, and any person, with respect to the
    exclusion of his name, may appeal to the Secretary, who shall make
    a final determination of each such appeal within ninety days after
    an appeal has been filed with him. The determination of the
    Secretary with respect to an appeal under this paragraph shall be
    final.
      (3) After the initial election of tribal officials, the
    provisions of the tribal constitution and bylaws shall govern the
    verification of any requirements for membership in the tribe, and
    the Secretary and the Interim Council shall deliver their records
    and files, and any other material relating to enrollment matters,
    to the tribal governing body.
    (d) Franchisement
      For purposes of sections 711c and 711d of this title, a member
    who is eighteen years of age or older is entitled and eligible to
    be given notice of, attend, participate in, and vote at, general
    council meetings and to nominate candidates for, to run for any
    office in, and to vote in, elections of members to the Interim
    Council and to other tribal councils.

-SOURCE-
    (Pub. L. 95-195, Sec. 4, Nov. 18, 1977, 91 Stat. 1416.)

-End-



-CITE-
    25 USC Sec. 711c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-A - SILETZ INDIAN TRIBE: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 711c. Interim Council

-STATUTE-
    (a) Nomination and election of members; notice; meetings; ballot
      requirements; approval by Secretary
      Within forty-five days after November 18, 1977, the Secretary
    shall announce the date of a general council meeting of the tribe
    to nominate candidates for election to the Interim Council. Such
    general council meeting shall be held within sixty days after
    November 18, 1977. Within forty-five days after such general
    council meeting the Secretary shall hold an election by secret
    ballot, absentee balloting to be permitted, to elect nine members
    of the tribe to the Interim Council from among the nominees
    submitted to him from such general council meeting. The Secretary
    shall assure that notice of the time, place, and purpose of such
    meeting and election shall be provided to members described in
    section 711b(d) of this title at least fifteen days before such
    general meeting and election. The ballot shall provide for write-in
    votes. The Secretary shall approve the Interim Council elected
    pursuant to this section if he is satisfied that the requirements
    of this section relating to the nominating and election process
    have been met. If he is not so satisfied, he shall hold another
    election under this section, with the general council meeting to
    nominate candidates for election to the Interim Council to be held
    within sixty days after such election.
    (b) Powers of Council
      The Interim Council shall represent the tribe and its members in
    the implementation of this subchapter and shall be the acting
    tribal governing body until tribal officials are elected pursuant
    to section 711d(c) of this title and shall have no powers other
    than those given to it in accordance with this subchapter. The
    Interim Council shall have full authority and capacity to receive
    grants from and to make contracts with the Secretary and the
    Secretary of Health and Human Services with respect to Federal
    services and benefits for the tribe and its members and to bind the
    tribal governing body as the successor in interest to the Interim
    Council for a period extending not more than six months after the
    date on which the tribal governing body takes office. Except as
    provided in the preceding sentence, the Interim Council shall have
    no power or authority after the time when the duly-elected tribal
    governing body takes office: Provided, That no authority to make
    payments under this subchapter shall be effective except to such
    extent or in such amounts as are provided in advance in
    appropriation Acts.
    (c) Council vacancies; notice; meeting; election
      Within thirty days after receiving notice of a vacancy on the
    Interim Council, the Interim Council shall hold a general council
    meeting for the purpose of electing a person to fill such vacancy.
    The Interim Council shall provide notice of the time, place, and
    purpose of such meeting and election to members described in
    section 711b(d) of this title at least ten days before such general
    meeting and election. The person nominated to fill such vacancy at
    the general council meeting who received the highest number of
    votes in the election shall fill such vacancy.

-SOURCE-
    (Pub. L. 95-195, Sec. 5, Nov. 18, 1977, 91 Stat. 1416; Pub. L. 96-
    88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in subsec. (b),
    pursuant to section 509(b) of Pub. L. 96-88 which is classified to
    section 3508(b) of Title 20, Education.

-End-



-CITE-
    25 USC Sec. 711d                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-A - SILETZ INDIAN TRIBE: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 711d. Tribal constitution and bylaws

-STATUTE-
    (a) Election; time and procedure
      Upon the written request of the Interim Council, the Secretary
    shall conduct an election by secret ballot, pursuant to the
    provisions of section 476 of this title, for the purpose of
    adopting a constitution and bylaws for the tribes. The election
    shall be held within sixty days after the Secretary has - 
        (1) reviewed and updated the final membership roll for
      accuracy, in accordance with section 711b(a), (b)(1), and (c)(1)
      of this title,
        (2) made a final determination of all appeals filed under
      section 711b(c)(2) of this title, and
        (3) published in the Federal Register a certification copy of
      the membership roll of the tribe.
    (b) Pre-election distribution of proposed constitution and bylaws
      and brief impartial description; consultation by Interim Council
      with members of tribe
      The Interim Council shall draft and distribute to each member
    described in section 711b(d) of this title, no later than thirty
    days before the election under subsection (a) of this section, a
    copy of the proposed constitution and bylaws of the tribe, as
    drafted by the Interim Council, along with a brief, impartial
    description of the proposed constitution and bylaws. The members of
    the Interim Council may freely consult with members of the tribe
    concerning the text and description of the constitution and bylaws,
    except that such consultation may not be carried on within fifty
    feet of the polling places on the date of the election.
    (c) Majority vote necessary for adoption of constitution and bylaws
      In any election held pursuant to subsection (a) of this section,
    the vote of a majority of those actually voting shall be necessary
    and sufficient for the adoption of a tribal constitution and
    bylaws.
    (d) Election of tribal officials provided for in constitution and
      bylaws; ballot requirements
      Not later than one hundred and twenty days after the tribe adopts
    a constitution and bylaws, the Interim Council shall conduct an
    election by secret ballot for the purpose of electing the
    individuals who will serve as tribal officials as provided in the
    tribal constitution and bylaws. For the purpose of this election
    and notwithstanding any provision in the tribal constitution and
    bylaws to the contrary, absentee balloting shall be permitted.

-SOURCE-
    (Pub. L. 95-195, Sec. 6, Nov. 18, 1977, 91 Stat. 1417.)

-End-



-CITE-
    25 USC Sec. 711e                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-A - SILETZ INDIAN TRIBE: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 711e. Reservation

-STATUTE-
    (a) Establishment
      Any reservation for the tribe shall be established by an Act of
    Congress enacted after November 18, 1977.
    (b) Plan; negotiation with tribe; approval by tribal officials;
      submittal to Congress
      Inasmuch as the reservation of the tribe has been terminated, the
    Secretary shall negotiate with the tribe, or with representatives
    of the tribe chosen by the tribe, concerning the establishment of a
    reservation for the tribe and shall, in accordance with subsections
    (c) and (d) of this section and within two years after November 18,
    1977, develop a plan for the establishment of a reservation for the
    tribe. Upon approval of such plan by the tribal officials elected
    under the tribal constitution and bylaws adopted pursuant to
    section 711d of this title, the Secretary shall submit such plan,
    in the form of proposed legislation, to the Congress.
    (c) Notification and consultation
      To assure that legitimate State and local interests are not
    prejudiced by the creation of a reservation for the tribe, the
    Secretary, in developing a plan under subsection (b) of this
    section for the establishment of a reservation, shall notify and
    consult with all appropriate officials of the State of Oregon, all
    appropriate local governmental officials in the State of Oregon and
    any other interested parties. Such consultation shall include the
    following subjects:
        (1) the size and location of the reservation;
        (2) the effect the establishment of the reservation would have
      on State and local tax revenues;
        (3) the criminal and civil jurisdiction of the State of Oregon
      with respect to the reservation and persons on the reservation;
        (4) hunting, fishing, and trapping rights of the tribe and
      members of the tribe, on the reservation;
        (5) the provision of State and local services to the
      reservation and to the tribe and members of the tribe on the
      reservation; and
        (6) the provision of Federal services to the reservation and to
      the tribe and members of the tribe and the provision of services
      by the tribe to members of the tribe.
    (d) Provisions of plan
      Any plan developed under this section for the establishment of a
    reservation for the tribe shall provide that - 
        (1) any real property transferred by the tribe or members of
      the tribe to the Secretary shall be taken in the name of the
      United States in trust for the benefit of the tribe and shall be
      the reservation for the tribe;
        (2) the establishment of such a reservation will not grant or
      restore to the tribe or any member of the tribe any hunting,
      fishing, or trapping right of any nature, including any indirect
      or procedural right or advantage, on such reservation;
        (3) the Secretary shall not accept any real property in trust
      for the benefit of the tribe or its members unless such real
      property is located within Lincoln County, State of Oregon;
        (4) any real property taken in trust by the Secretary for the
      benefit of the tribe or its members shall be subject to all
      rights existing at the time such property is taken in trust,
      including liens, outstanding Federal, State, and local taxes,
      mortgages, outstanding indebtedness of any kind, easements, and
      all other obligations, and shall be subject to foreclosure and
      sale in accordance with the laws of the State of Oregon;
        (5) the transfer of any real property to the Secretary in trust
      for the benefit of the tribe or its members shall be exempt from
      all Federal, State, and local taxation, and all such real
      property shall, as of the date of such transfer, be exempt from
      Federal, State, and local taxation; and
        (6) the State of Oregon shall have civil and criminal
      jurisdiction with respect to the reservation and persons on the
      reservation in accordance with section 1360 of title 28 and
      section 1162 of title 18.
    (e) Statement
      The Secretary shall append to the plan a detailed statement
    describing the manner in which the notification and consultation
    prescribed by subsection (c) of this section was carried out and
    shall include any written comments with respect to the
    establishment of a reservation for the tribe submitted to the
    Secretary by State and local officials and other interested parties
    in the course of such consultation.

-SOURCE-
    (Pub. L. 95-195, Sec. 7, Nov. 18, 1977, 91 Stat. 1418.)


-MISC1-
      AUTHORITY TO ERECT PERMANENT IMPROVEMENTS ON LAND ACQUIRED FOR
              CONFEDERATED TRIBES OF SILETZ INDIANS OF OREGON
      Pub. L. 97-38, Aug. 14, 1981, 95 Stat. 938, provided: "That,
    notwithstanding any other provision of law or regulation, the
    Attorney General shall approve any deed or other instrument which -
    
        "(1) conveys to the United States the land described in section
      2 of the Act entitled 'An Act to establish a reservation for the
      Confederated Tribes of Siletz Indians of Oregon', approved
      September 4, 1980 (94 Stat. 1073) [set out below], and
        "(2) incorporates by reference the terms of the agreement
      entered into on September 18, 1980, by the city of Siletz,
      Oregon, the Confederated Tribes of Siletz Indians of Oregon, and
      the United States of America.
    The Secretary of the Interior or the Confederated Tribes of Siletz
    Indians of Oregon may erect permanent improvements, improvements of
    a substantial value, or any other improvements authorized by law on
    such land after such land is conveyed to the United States."

      ESTABLISHMENT OF RESERVATION FOR CONFEDERATED TRIBES OF SILETZ
                             INDIANS OF OREGON
      Pub. L. 96-340, Sept. 4, 1980, 94 Stat. 1072, as amended by Pub.
    L. 103-435, Sec. 3, Nov. 2, 1994, 108 Stat. 4567; Pub. L. 105-256,
    Sec. 7, Oct. 14, 1998, 112 Stat. 1897, established a reservation
    for the Confederated Tribes of Siletz Indians of Oregon,
    particularly describing, subject to all valid liens, rights-of-way,
    agreements, licenses, permits, and easements as of Sept. 4, 1980,
    the parcel of land, consisting of approximately 3,630 acres in the
    State of Oregon as well as other parcels of land to be conveyed to
    the Secretary of the Interior, to be held in trust for the
    Confederated Tribes of Siletz Indians of Oregon, with all parcels
    of land subject to the provisions of section 461 et seq. of this
    title and the right of the Secretary of the Interior to establish,
    without compensation to such tribes, reasonable rights-of-way and
    easements to provide access to other Federal lands, no new or
    additional hunting, fishing, or trapping rights beyond the rights
    declared in the final judgment of the United States District Court
    in the action entitled Confederated Tribes of Siletz Indians of
    Oregon against State of Oregon, entered on May 2, 1980, be deemed,
    granted, or restored to the tribe or any member of the tribe, and
    civil and criminal jurisdiction, in accordance with section 1360 of
    Title 28, Judiciary and Judicial Procedure, and section 1162 of
    Title 18, Crimes and Criminal Procedure, to reside with the State
    of Oregon with respect to the reservation and any individual on the
    reservation.

-End-



-CITE-
    25 USC Sec. 711f                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-A - SILETZ INDIAN TRIBE: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 711f. Rules and regulations

-STATUTE-
      The Secretary may make such rules and regulations as are
    necessary to carry out the purposes of this subchapter.

-SOURCE-
    (Pub. L. 95-195, Sec. 8, Nov. 18, 1977, 91 Stat. 1419.)

-End-


-CITE-
    25 USC SUBCHAPTER XXX-B - COW CREEK BAND OF UMPQUA TRIBE
           OF OREGON                                       01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-B - COW CREEK BAND OF UMPQUA TRIBE OF OREGON

-HEAD-
        SUBCHAPTER XXX-B - COW CREEK BAND OF UMPQUA TRIBE OF OREGON    

-End-



-CITE-
    25 USC Sec. 712                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-B - COW CREEK BAND OF UMPQUA TRIBE OF OREGON

-HEAD-
    Sec. 712. Definitions

-STATUTE-
      For the purposes of this subchapter - 
        (1) the term "tribe" means the Cow Creek Band of Umpqua Tribe
      of Indians; and
        (2) the term "member", when used with respect to the tribe,
      means a person enrolled on the membership roll of the tribe in
      accordance with section 712c of this title.

-SOURCE-
    (Pub. L. 97-391, Sec. 2, Dec. 29, 1982, 96 Stat. 1960; Pub. L. 100-
    139, Sec. 5(b), Oct. 26, 1987, 101 Stat. 827.)


-MISC1-
                                AMENDMENTS                            
      1987 - Par. (1). Pub. L. 100-139 substituted "Umpqua Tribe of
    Indians" for "Umpqua Tribe of Oregon".

                       SHORT TITLE OF 1987 AMENDMENT                   
      Section 1 of Pub. L. 100-139 provided: "That this Act [amending
    this section and sections 712a to 712c of this title] may be cited
    as the 'Cow Creek Band of Umpqua Tribe of Indians Distribution of
    Judgment Funds Act of 1987'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 97-391 provided that: "This Act [enacting
    this subchapter] may be cited as the 'Cow Creek Band of Umpqua
    Tribe of Indians Recognition Act'."

-End-



-CITE-
    25 USC Sec. 712a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-B - COW CREEK BAND OF UMPQUA TRIBE OF OREGON

-HEAD-
    Sec. 712a. Extension of Federal recognition, rights, and privileges

-STATUTE-
    (a) Federal recognition
      Notwithstanding any provision of the Act approved August 13, 1954
    (25 U.S.C. 691 et seq.), or any other law, Federal recognition is
    extended to the Cow Creek Band of Umpqua Tribe of Indians. Except
    as otherwise provided in this subchapter, all laws and regulations
    of the United States of general application to Indians or nations,
    tribes, or bands of Indians which are not inconsistent with any
    specific provision of this subchapter shall be applicable to the
    tribe.
    (b) Restoration of rights and privileges
      All rights and privileges of the tribe and the members of the
    tribe under any Federal treaty, Executive order, agreement, or
    statute, or under any other Federal authority, which may have been
    diminished or lost under the Act approved August 13, 1954 (25
    U.S.C. 691 et seq.), are restored, and the provisions of such
    subchapter shall be inapplicable to the tribe and to members of the
    tribe after December 29, 1982.
    (c) Federal services and benefits
      Notwithstanding any other provision of law, the tribe and members
    of the tribe shall be eligible for all Federal services and
    benefits furnished to federally recognized Indian tribes upon
    December 29, 1982, without regard to the existence of a reservation
    for the tribe or the residence of members of the tribe on a
    reservation.
    (d) Effect on property rights and other obligations
      Except as otherwise specifically provided in this subchapter, no
    provision contained in this subchapter shall alter any property
    right or obligation, any contractual right or obligation, or any
    obligation for taxes already levied.

-SOURCE-
    (Pub. L. 97-391, Sec. 3, Dec. 29, 1982, 96 Stat. 1960; Pub. L. 100-
    139, Sec. 5(b), Oct. 26, 1987, 101 Stat. 827.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act approved August 13, 1954, referred to in subsecs. (a) and
    (b), is act Aug. 13, 1954, ch. 733, 68 Stat. 724, which is
    classified generally to subchapter XXX (Sec. 691 et seq.) of this
    chapter. For complete classification of this Act to the Code, see
    Tables.


-MISC1-
                                AMENDMENTS                            
      1987 - Subsec. (a). Pub. L. 100-139 substituted "Umpqua Tribe of
    Indians" for "Umpqua Tribe of Oregon".

-End-



-CITE-
    25 USC Sec. 712b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-B - COW CREEK BAND OF UMPQUA TRIBE OF OREGON

-HEAD-
    Sec. 712b. Organization of tribe

-STATUTE-
    (a) Organization and organic governing document
      The tribe may organize for its common welfare and adopt an
    appropriate instrument, in writing, to govern the affairs of the
    tribe when acting in its governmental capacity. The tribe shall
    file with the Secretary of the Interior a copy of its organic
    governing document and any amendments thereto.
    (b) New governing document or amendments or revisions of interim
      governing document; tribal election
      Not less than one year following October 26, 1987, the tribe's
    governing body may propose a new governing document or amendments
    or revisions to the interim governing document, and the Secretary
    shall conduct a tribal election as to the adoption of that proposed
    document within one hundred twenty days from the date it is
    submitted to the Bureau of Indian Affairs.
    (c) Approval of new governing document
      The Secretary shall approve the new governing document if
    approved by a majority of the tribal voters unless he or she
    determines that such document is in violation of any laws of the
    United States.
    (d) Interim governing document pending approval
      Until the tribe adopts and the Secretary approves a new governing
    document, its interim governing document shall be the tribal bylaws
    entitled "By-Laws of Cow Creek Band of Umpqua Tribe of Indians"
    which bear an "approved" date of "9-10-78,".
    (e) Governing body pending adoption of final document
      Until the tribe adopts a final governing document, the tribe's
    governing body shall consist of its current board of directors
    elected at the tribe's annual meeting of August 10, 1986, or such
    new board members as are selected under election procedures of the
    interim governing document identified at subsection (d) of this
    section.

-SOURCE-
    (Pub. L. 97-391, Sec. 4, Dec. 29, 1982, 96 Stat. 1961; Pub. L. 100-
    139, Sec. 7(a), Oct. 26, 1987, 101 Stat. 828.)


-MISC1-
                                AMENDMENTS                            
      1987 - Pub. L. 100-139 amended section generally. Prior to
    amendment, section read as follows: "The tribe may organize for its
    common welfare and adopt an appropriate instrument, in writing, to
    govern the affairs of the tribe when acting in its governmental
    capacity. The tribe shall file with the Secretary of the Interior a
    copy of its organic governing document and any amendments thereto."

-End-



-CITE-
    25 USC Sec. 712c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-B - COW CREEK BAND OF UMPQUA TRIBE OF OREGON

-HEAD-
    Sec. 712c. Tribal membership

-STATUTE-
    (a) Membership
      Until such time as the Secretary of the Interior publishes a
    tribal membership roll as mandated in subsection (b) of this
    section, the membership of the Cow Creek Band of Umpqua Tribe of
    Indians shall consist of all persons listed in the official tribal
    roll approved on September 13, 1980, by the tribe's Board of
    Directors, and their descendants. Following publication by the
    Secretary of the tribal membership roll mandated in subsection (b)
    of this section, the membership of the Cow Creek Band of Umpqua
    Tribe of Indians shall consist of all persons listed on such roll.
    (b) Preparation of membership roll by Secretary; individuals to be
      included
      Within three hundred and sixty-five days after October 26, 1987,
    the Secretary shall prepare in accordance with the regulations
    contained in part 61 of title 25 of the Code of Federal Regulations
    a tribal membership roll of the Cow Creek Band of Umpqua Tribe of
    Indians. Such roll shall include all Cow Creek descendants or other
    Indian individuals who were not members of any other federally
    recognized Indian tribe on July 30, 1987 and who - 
        (1) are listed on the tribal roll referred to in subsection (a)
      of this section;
        (2) are the descendants of any individuals listed pursuant to
      paragraph (1) born on or prior to December 29, 1982; or
        (3)(A) are the descendants of any individual considered to be a
      member of the Cow Creek Band of Umpqua Tribe of Indians for the
      purposes of the treaty entered between such Band and the United
      States on September 18, 1853; (B) have applied to the Secretary
      for inclusion in the roll pursuant to subsection (c) of this
      section; and (C) meet the requirements for membership provided in
      the tribe's governing documents.
    (c) Regulations governing application process
      The Secretary shall devise regulations governing the application
    process under which individuals may apply to have their names
    placed on the tribal roll pursuant to paragraph 3 (!1) of
    subsection (b) of this section.

    (d) Limitation; tribal discretion; additional requirements
      After publication of the roll in the Federal Register, the
    membership of the tribe shall be limited to the persons listed on
    such roll and their descendants: Provided, That the tribe, at its
    discretion, may subsequently grant tribal membership to any
    individual of Cow Creek Band of Umpqua ancestry who pursuant to
    tribal procedures, has applied for membership in the tribe and has
    been determined by the tribe to meet the tribal requirements for
    membership in the tribe: Provided further, That nothing in this
    subchapter shall be interpreted as restricting the tribe's power to
    impose additional requirements for future membership in the tribe
    upon the adoption of a new constitution or amendments thereto as
    provided in section 712b of this title.

-SOURCE-
    (Pub. L. 97-391, Sec. 5, Dec. 29, 1982, 96 Stat. 1961; Pub. L. 100-
    139, Sec. 5(a), Oct. 26, 1987, 101 Stat. 826; Pub. L. 100-446,
    title I, Sept. 27, 1988, 102 Stat. 1794.)


-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (b). Pub. L. 100-446 inserted "Cow Creek
    descendants or other" before "Indian individuals".
      1987 - Pub. L. 100-139 amended section generally. Prior to
    amendment, section read as follows:
      "(a) Membership in the tribe shall consist of every individual - 
        "(1) whose name appears on the tribal roll in effect on
      December 29, 1982; or
        "(2) who is a descendant of any individual described in
      paragraph (1).
      "(b) Membership in the tribe pursuant to subsection (a) of this
    section shall not entitle an individual, who is not otherwise
    entitled, to participate in any distribution of funds pursuant to a
    judgment under the Act approved May 26, 1980 (94 Stat. 372)."

-FOOTNOTE-
    (!1) So in original. Probably should be paragraph "(3)".


-End-



-CITE-
    25 USC Sec. 712d                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-B - COW CREEK BAND OF UMPQUA TRIBE OF OREGON

-HEAD-
    Sec. 712d. Rules

-STATUTE-
      The Secretary of the Interior may make such rules as are
    necessary to carry out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 97-391, Sec. 6, Dec. 29, 1982, 96 Stat. 1961.)

-End-



-CITE-
    25 USC Sec. 712e                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-B - COW CREEK BAND OF UMPQUA TRIBE OF OREGON

-HEAD-
    Sec. 712e. Certain property taken into trust

-STATUTE-
      The Secretary of the Interior shall accept title to 2000 acres of
    real property and may accept title to any additional number of
    acres of real property located in Umpqua River watershed upstream
    from Scottsburg, Oregon, or the northern slope of the Rogue River
    watershed upstream from Agness, Oregon, if such real property is
    conveyed or otherwise transferred to the United States by or on
    behalf of the Tribe. The Secretary shall take into trust for the
    benefit of the Tribe all real property conveyed or otherwise
    transferred to the United States pursuant to this section. Real
    property taken into trust pursuant to this section shall become
    part of the Tribe's reservation, and shall be treated as on-
    reservation land for the purpose of processing acquisitions of
    real property into trust. Real property taken into trust pursuant
    to this section shall not be considered to have been taken into
    trust for gaming (as that term is used in the Indian Gaming
    Regulatory Act (25 U.S.C. 2701 et seq.)).

-SOURCE-
    (Pub. L. 97-391, Sec. 7, as added Pub. L. 105-256, Sec. 9, Oct. 14,
    1998, 112 Stat. 1898; amended Pub. L. 108-204, title I, Sec. 104,
    Mar. 2, 2004, 118 Stat. 543.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Gaming Regulatory Act, referred to in text, is Pub. L.
    100-497, Oct. 17, 1988, 102 Stat. 2467, as amended, which is
    classified principally to chapter 29 (Sec. 2701 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 2701 of this title and
    Tables.


-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-204 inserted ", and shall be treated as on-
    reservation land for the purpose of processing acquisitions of
    real property into trust" after "part of the Tribe's reservation".

-End-


-CITE-
    25 USC SUBCHAPTER XXX-C - CONFEDERATED TRIBES OF THE
           GRAND RONDE COMMUNITY OF OREGON                 01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-C - CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY
           OF OREGON                                     

-HEAD-
    SUBCHAPTER XXX-C - CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY
                                 OF OREGON

-End-



-CITE-
    25 USC Sec. 713                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-C - CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY
           OF OREGON                                     

-HEAD-
    Sec. 713. Definitions

-STATUTE-
      For the purposes of this subchapter - 
        (1) the term "tribe" means the Confederated Tribes of the Grand
      Ronde Community of Oregon considered as one tribe in accordance
      with section 713a of this title;
        (2) the term "Secretary" means the Secretary of the Interior or
      his designated representative;
        (3) the term "Interim Council" means the council which is
      established under, and the members of which are elected pursuant
      to, section 713c of this title;
        (4) the term "tribal governing body" means the governing body
      which is established under, and the members of which are elected
      pursuant to, the tribal constitution and bylaws adopted in
      accordance with section 713d of this title; and
        (5) the term "member", when used with respect to the tribe,
      means an individual enrolled on the membership roll of the tribe
      in accordance with section 713e of this title.

-SOURCE-
    (Pub. L. 98-165, Sec. 2, Nov. 22, 1983, 97 Stat. 1064.)


-MISC1-
                                SHORT TITLE                            
      Section 1 of Pub. L. 98-165 provided that: "This Act [enacting
    this subchapter] may be cited as the 'Grand Ronde Restoration
    Act'."

-End-



-CITE-
    25 USC Sec. 713a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-C - CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY
           OF OREGON                                     

-HEAD-
    Sec. 713a. Consideration of Confederated Tribes of Grand Ronde
      Community as one tribe

-STATUTE-
      The Confederated Tribes of the Grand Ronde Community of Oregon
    shall be considered as one tribal unit for purposes of Federal
    recognition and eligibility for Federal benefits under section 713b
    of this title, the establishment of tribal self-government under
    sections 713c and 713d of this title, the compilation of a tribal
    membership roll under section 713e of this title, and the
    establishment of a tribal reservation under section 713f of this
    title.

-SOURCE-
    (Pub. L. 98-165, Sec. 3, Nov. 22, 1983, 97 Stat. 1064.)

-End-



-CITE-
    25 USC Sec. 713b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-C - CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY
           OF OREGON                                     

-HEAD-
    Sec. 713b. Restoration of Federal recognition, rights, and
      privileges

-STATUTE-
    (a) Federal recognition
      Notwithstanding any provision of the Act approved August 13, 1954
    (25 U.S.C. 691 et seq.) or any other law, Federal recognition is
    extended to the Confederated Tribes of the Grand Ronde Community of
    Oregon and the corporate charter of such tribe issued pursuant to
    section 477 of this title and ratified by the tribe on August 22,
    1936, is reinstated. Except as otherwise provided in this
    subchapter, all laws and regulations of the United States of
    general application to Indians or nations, tribes, or bands of
    Indians which are not inconsistent with any specific provision of
    this subchapter shall be applicable to the tribe.
    (b) Restoration of rights and privileges
      Except as provided in subsection (d) of this section, all rights
    and privileges of the tribe and the members of the tribe under any
    Federal treaty, Executive order, agreement, or statute, or under
    any other Federal authority, which may have been diminished or lost
    under the Act approved August 13, 1954 (25 U.S.C. 691 et seq.) are
    restored, and the provisions of such subchapter shall be
    inapplicable to the tribe and to members of the tribe after
    November 22, 1983.
    (c) Federal services and benefits
      Notwithstanding any other provision of law, the tribe and its
    members shall be eligible, on and after November 22, 1983, for all
    Federal services and benefits furnished to federally recognized
    Indian tribes without regard to the existence of a reservation for
    the tribe. In the case of Federal services available to members of
    federally recognized Indian tribes residing on or near a
    reservation, members of the tribe residing in the following
    counties of the State of Oregon shall be deemed to be residing on
    or near a reservation:
        (1) Washington County.
        (2) Marion County.
        (3) Yamhill County.
        (4) Polk County.
        (5) Tillamook County.
        (6) Multnomah County.

    Any member residing in any such county shall continue to be
    eligible to receive any such Federal service notwithstanding the
    establishment of any reservation for the tribe in accordance with
    any plan prepared pursuant to section 713f of this title.
    (d) No hunting, fishing or trapping rights restored
      No hunting, fishing, or trapping rights of any nature of the
    tribe or of any member, including any indirect or procedural right
    or advantage over individuals who are not members, are granted or
    restored under this subchapter.
    (e) Effect on property rights and other obligations
      Except as otherwise specifically provided in this subchapter, no
    provision contained in this subchapter shall alter any property
    right or obligation, any contractual right or obligation, or any
    obligation for taxes already levied.

-SOURCE-
    (Pub. L. 98-165, Sec. 4, Nov. 22, 1983, 97 Stat. 1064.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act approved August 13, 1954, referred to in subsecs. (a) and
    (b), is act Aug. 13, 1954, ch. 733, 68 Stat. 724, which is
    classified generally to subchapter XXX (Sec. 691 et seq.) of this
    chapter. For complete classification of this Act to the Code, see
    Tables.

-End-



-CITE-
    25 USC Sec. 713c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-C - CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY
           OF OREGON                                     

-HEAD-
    Sec. 713c. Interim Council

-STATUTE-
    (a) Establishment
      There is established an Interim Council of the tribe which shall
    be composed of nine members. The Interim Council shall represent
    the tribe and its members in the implementation of this subchapter
    and shall be the governing body of the tribe until the tribal
    governing body established in accordance with section 713d of this
    title first convenes.
    (b) Nomination and election of Interim Council members
      (1) Within forty-five days after November 22, 1983, the Secretary
    shall announce the date of a general council meeting of the tribe
    to nominate candidates for election to the Interim Council. Such
    general council meeting shall be held within fifteen days of such
    announcement.
      (2) Within forty-five days after such general council meeting,
    the Secretary shall hold an election by secret ballot to elect the
    members of the Interim Council from among the members nominated in
    such general council meeting. Absentee and write-in balloting shall
    be permitted.
      (3) The Secretary shall approve the results of the Interim
    Council election conducted pursuant to this section if he is
    satisfied that the requirements of this section relating to the
    nomination and the election processes have been met. If he is not
    satisfied, he shall call for another general council meeting to be
    held within sixty days after such election to nominate candidates
    for election to the Interim Council and shall hold another election
    within forty-five days of such meeting.
      (4) The Secretary shall take any action necessary to ensure that
    each member described in section 713e(d) of this title is given
    notice of the time, place, and purpose of each meeting and election
    held pursuant to this subsection at least ten days before such
    general meeting or election.
    (c) Authority and capacity; termination
      (1) The Interim Council shall have no powers other than those
    given it under this subchapter.
      (2) With respect to any Federal service or benefit for which the
    tribe or any member is eligible, the Interim Council shall have
    full authority and capacity to receive grants and to enter into
    contracts.
      (3)(A) Except as provided in subparagraph (B), the Interim
    Council and such Council's authority and capacity under this
    section shall cease to exist on the date the tribal governing body
    first convenes.
      (B) With respect to any contractual right established and any
    obligation entered into by the Interim Council, such Council shall
    have the authority and capacity to bind the tribal governing body,
    as the successor in interest to the Interim Council, for a period
    of not more than six months beginning on the date such tribal
    governing body first convenes.
    (d) Vacancy on Interim Council
      Within thirty days after a vacancy occurs on the Interim Council
    and subject to the approval of the Secretary, the Interim Council
    shall hold a general council meeting to nominate a candidate for
    election to fill such vacancy and shall hold such election. The
    Interim Council shall provide notice of the time, place, and
    purpose of such meeting and election to members described in
    section 713e(d) of this title at least ten days before each such
    general meeting or election.

-SOURCE-
    (Pub. L. 98-165, Sec. 5, Nov. 22, 1983, 97 Stat. 1065.)

-End-



-CITE-
    25 USC Sec. 713d                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-C - CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY
           OF OREGON                                     

-HEAD-
    Sec. 713d. Tribal constitution and bylaws; tribal governing body

-STATUTE-
    (a) Adoption of proposed constitution and bylaws; election: time
      and procedure
      (1) The Interim Council shall be responsible for preparing the
    tribal constitution and bylaws which shall provide for, at a
    minimum, the establishment of a tribal governing body and tribal
    membership qualifications. Such proposed constitution and bylaws
    shall be adopted by the Interim Council no later than six months
    after November 22, 1983.
      (2) Upon the adoption of the proposed tribal constitution and
    bylaws by the Interim Council, the Council shall request the
    Secretary, in writing, to schedule an election to approve or
    disapprove the adoption of such constitution and bylaws. The
    Secretary shall conduct an election by secret ballot in accordance
    with section 476 of this title.
    (b) Notice and consultation
      Not less than thirty days before any election scheduled pursuant
    to subsection (a) of this section, a copy of the proposed tribal
    constitution and bylaws, as adopted by the Interim Council, along
    with a brief and impartial description of the proposed constitution
    and bylaws shall be sent to each member eligible to participate in
    such election under section 713e(d) of this title. The members of
    the Interim Council may freely consult with members of the tribe
    concerning the text and description of the constitution and bylaws,
    except that such consultation may not be carried on within fifty
    feet of the polling places on the date of such election.
    (c) Majority vote for adoption; procedure in event of failure to
      adopt proposed constitution
      (1) In any election held pursuant to subsection (a) of this
    section, a vote of a majority of those actually voting shall be
    necessary and sufficient for the approval of the adoption of the
    tribal constitution and bylaws.
      (2) If in any such election such majority does not approve the
    adoption of the proposed tribal constitution and bylaws, the
    Interim Council shall be responsible for preparing another tribal
    constitution and other bylaws in the same manner provided in this
    section for the first proposed constitution and bylaws. Such new
    proposed constitution and bylaws shall be adopted by the Interim
    Council no later than six months after the date of the election in
    which the first proposed constitution and bylaws failed of
    adoption. An election on the question of the adoption of the new
    proposal of the Interim Council shall be conducted in the same
    manner provided in subsection (a)(2) of this section for the
    election on the first proposed constitution and bylaws.
    (d) Election of tribal governing body
      Not later than one hundred and twenty days after the tribe
    approves the adoption of the tribal constitution and bylaws and
    subject to the approval of the Secretary, the Interim Council shall
    conduct an election, by secret ballot, to elect the tribal
    governing body established under such constitution and bylaws.
    Notwithstanding any provision of the tribal constitution and
    bylaws, absentee and write-in balloting shall be permitted in an
    election under this subsection.

-SOURCE-
    (Pub. L. 98-165, Sec. 6, Nov. 22, 1983, 97 Stat. 1066.)

-End-



-CITE-
    25 USC Sec. 713e                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-C - CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY
           OF OREGON                                     

-HEAD-
    Sec. 713e. Membership rolls; voting rights of member

-STATUTE-
    (a) Membership roll established and opened
      The membership roll of the tribe is established and open.
    (b) Criteria governing eligibility
      (1) Until the first election of the tribal governing body is held
    pursuant to section 713d(d) of this title, any living individual
    may be enrolled on the membership roll of the tribe if - 
        (A) that individual's name was listed on the final membership
      roll of the tribe published on April 6, 1956, in volume 20,
      number 101, Federal Register, pages 3636 through 3642;
        (B) that individual was entitled to be on the membership roll
      of the tribe on August 13, 1954, but was not listed; or
        (C) that individual is a descendant of an individual, living or
      dead, described in subparagraph (A) or (B) and possesses at least
      one-fourth degree of blood of members of the tribe, living or
      dead, or individuals who are or would have been eligible to be
      members under this paragraph.

      (2) After the first election of the tribal governing body is held
    pursuant to section 713d(d) of this title, the provisions of the
    constitution and bylaws adopted in accordance with section 713d(a)
    of this title shall govern membership in the tribe.
    (c) Procedures for verification of eligibility
      (1) Before the election of the members of the Interim Council is
    held pursuant to section 713c(b) of this title, verification of (A)
    descendancy, for purposes of enrollment, and (B) age, for purposes
    of voting rights under subsection (d) of this section, shall be
    made upon oath before the Secretary whose determination thereon
    shall be final.
      (2) After the election of the members of the Interim Council is
    held pursuant to section 713c(b) of this title, but before the
    first election of the members of the tribal governing body is held
    pursuant to section 713d(d) of this title, the verification of
    descendancy and age shall be made upon oath before the Interim
    Council, or its authorized representative. An individual may appeal
    the exclusion of his name from the membership roll of the tribe to
    the Secretary, who shall make a final determination of each such
    appeal within ninety days after such an appeal has been filed with
    him. The determination of the Secretary with respect to such an
    appeal shall be final.
      (3) After the first election of the members of the tribal
    governing body is held pursuant to section 713d(d) of this title,
    the provisions of the constitution and bylaws adopted in accordance
    with section 713d(a) of this title shall govern the verification of
    any requirements for membership in the tribe. The Interim Council
    and the Secretary shall deliver their records and files and any
    other material relating to the enrollment of tribal members to such
    tribal governing body.
      (4) Not less than sixty days before the election under section
    713d(a) of this title, the Secretary shall publish in the Federal
    Register a certified copy of the membership roll of the tribe as of
    the date of such publication. Such membership roll shall include
    the names of all individuals who were enrolled by the Secretary,
    either directly under paragraph (1) or pursuant to an appeal under
    paragraph (2), and by the Interim Council under paragraph (2).
    (d) Voting rights of member
      Each member who is eighteen years of age or older shall be
    eligible to attend, participate in, and vote at each general
    council meeting. Each such member may nominate candidates for any
    office, run for any office, and vote in any election of members to
    the Interim Council and to such other tribal governing body as may
    be established under the constitution and bylaws adopted in
    accordance with section 713d of this title.

-SOURCE-
    (Pub. L. 98-165, Sec. 7, Nov. 22, 1983, 97 Stat. 1067.)

-End-



-CITE-
    25 USC Sec. 713f                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-C - CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY
           OF OREGON                                     

-HEAD-
    Sec. 713f. Establishment of tribal reservation

-STATUTE-
    (a) Plan for establishment of reservation
      (1) Any reservation for the tribe shall be established by an Act
    of Congress enacted after November 22, 1983.
      (2) The Secretary shall enter into negotiations with the tribal
    governing body with respect to establishing a reservation for the
    tribe and, in accordance with this section and within two years of
    November 22, 1983, develop a plan for the establishment of such a
    reservation. Upon the approval of such plan by the tribal governing
    body (and after consultation with interested parties pursuant to
    subsection (b) of this section), the Secretary shall submit such
    plan to the Clerk of the House of Representatives and the Secretary
    of the Senate for distribution to the committees of the respective
    Houses of the Congress with jurisdiction over the subject matter.
    (b) Consultation with State and local officials required
      To assure that legitimate State and local interests are not
    prejudiced by the proposed enlargement of the reservation, the
    Secretary shall notify and consult all appropriate officials of the
    State of Oregon, all appropriate local governmental officials in
    the State of Oregon, and any other interested party in developing
    any plan under subsection (a) of this section. The Secretary shall
    provide complete information on the proposed plan to such officials
    and interested parties, including the restrictions on such proposed
    plan imposed by subsection (c) of this section. During any
    consultation by the Secretary under this subsection, the Secretary
    shall provide such information as he may possess, and shall request
    comments and additional information, on the following subjects:
        (1) The size and location of the proposed reservation.
        (2) The anticipated effect of the establishment of the proposed
      reservation on State and local expenditures and tax revenues.
        (3) The extent of any State or local service to the tribe, the
      reservation of the tribe, or members after the establishment of
      the proposed reservation.
        (4) The extent of Federal services to be provided in the future
      to the tribe, the reservation of the tribe, or members.
        (5) The extent of service to be provided in the future by the
      tribe to members residing on or off the reservation.
    (c) Restrictions on plan
      Any plan developed by the Secretary under subsection (a) of this
    section shall provide that - 
        (1) any real property transferred by the tribe or any member to
      the Secretary shall be taken and held in the name of the United
      States for the benefit of the tribe and shall be a part of the
      reservation of the tribe;
        (2) the establishment of the reservation shall not grant or
      restore to the tribe or any member any hunting, fishing, or
      trapping right of any kind on such reservation, including any
      indirect or procedural right or advantage over individuals who
      are not members of the tribe;
        (3) the Secretary shall not accept any real property in trust
      for the benefit of the tribe or its members which is not located
      within the political boundaries of Polk, Yamhill, or Tillamook
      County, Oregon;
        (4) any real property taken in trust by the Secretary pursuant
      to such plan shall be subject to - 
          (A) all legal rights and interests in such land existing at
        the time of the acquisition of such land by the Secretary,
        including any lien, mortgage, or previously levied and
        outstanding State or local tax, and
          (B) foreclosure or sale in accordance with the laws of the
        State of Oregon pursuant to the terms of any valid obligation
        in existence at the time of the acquisition of such land by the
        Secretary;

        (5) any real property transferred pursuant to such plan shall
      be exempt from Federal, State, and local taxation of any kind;
        (6) the State of Oregon shall exercise criminal and civil
      jurisdiction over the reservation, and over the individuals on
      the reservation, in accordance with section 1162 of title 18 and
      section 1360 of title 28, respectively; and
        (7) any Federal real property transferred for the benefit of
      the tribe, pursuant to any reservation plan developed under
      subsection (a) of this section, shall come only from available
      public lands administered under the Federal Land Policy and
      Management Act of 1976 (43 U.S.C. 1701), and from lands held in
      trust by the United States for the tribe or for individual
      Indians.
    (d) Appendix to plan submitted to the Congress
      The Secretary shall append to the plan submitted to the Congress
    under subsection (a) of this section a detailed statement - 
        (1) describing the manner in which the Secretary notified all
      interested parties in accordance with subsection (b) of this
      section;
        (2) naming each individual and official consulted in accordance
      with subsection (b) of this section;
        (3) summarizing the testimony received by the Secretary
      pursuant to any such consultation; and
        (4) including any written comments or reports submitted to the
      Secretary by any party named in paragraph (2).

-SOURCE-
    (Pub. L. 98-165, Sec. 8, Nov. 22, 1983, 97 Stat. 1068.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Land Policy and Management Act of 1976, referred to
    in subsec. (c)(7), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743,
    as amended, which is classified principally to chapter 35 (Sec.
    1701 et seq.) of Title 43, Public Lands. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1701 of Title 43 and Tables.


-MISC1-
        CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY OF OREGON
                                RESERVATION
      Pub. L. 100-425, Sept. 9, 1988, 102 Stat. 1594, as amended by
    Pub. L. 100-581, title II, Sec. 202, Nov. 1, 1988, 102 Stat. 2939;
    Pub. L. 101-301, Sec. 4, May 24, 1990, 104 Stat. 207; Pub. L. 102-
    497, Sec. 1, Oct. 24, 1992, 106 Stat. 3255; Pub. L. 103-263, Sec.
    5(a), May 31, 1994, 108 Stat. 708; Pub. L. 103-435, Sec. 2, Nov. 2,
    1994, 108 Stat. 4566; Pub. L. 105-256, Sec. 2, Oct. 14, 1998, 112
    Stat. 1896, established a reservation for Confederated Tribes of
    the Grand Ronde Community of Oregon, specifying hunting, fishing,
    and trapping rights and vesting civil and criminal jurisdiction in
    State of Oregon, directed treatment of certain lands as revested
    Oregon and California railroad grant lands, and provided economic
    development for the Tribes.

-End-



-CITE-
    25 USC Sec. 713g                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-C - CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY
           OF OREGON                                     

-HEAD-
    Sec. 713g. Regulations

-STATUTE-
      The Secretary may promulgate such regulations as may be necessary
    to carry out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 98-165, Sec. 9, Nov. 22, 1983, 97 Stat. 1070.)

-End-


-CITE-
    25 USC SUBCHAPTER XXX-D - CONFEDERATED TRIBES OF COOS,
           LOWER UMPQUA, AND SIUSLAW INDIANS:
           RESTORATION OF FEDERAL SUPERVISION              01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-D - CONFEDERATED TRIBES OF COOS, LOWER UMPQUA, AND
           SIUSLAW INDIANS: RESTORATION OF FEDERAL SUPERVISION

-HEAD-
     SUBCHAPTER XXX-D - CONFEDERATED TRIBES OF COOS, LOWER UMPQUA, AND
            SIUSLAW INDIANS: RESTORATION OF FEDERAL SUPERVISION

-End-



-CITE-
    25 USC Sec. 714                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-D - CONFEDERATED TRIBES OF COOS, LOWER UMPQUA, AND
           SIUSLAW INDIANS: RESTORATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 714. Definitions

-STATUTE-
      For the purposes of this subchapter - 
        (1) "Tribe" means the Confederated Tribes of Coos, Lower
      Umpqua, and Siuslaw Indians;
        (2) "Secretary" means the Secretary of the Interior or his
      authorized representative;
        (3) "Interim Council" means the tribal council of the
      Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians,
      which serves pursuant to section 714c of this title; and
        (4) "member" used with respect to the Tribe means a person
      enrolled on the membership roll of the Tribe provided for in
      section 714b of this title.

-SOURCE-
    (Pub. L. 98-481, Sec. 2, Oct. 17, 1984, 98 Stat. 2250.)


-MISC1-
                                SHORT TITLE                            
      Section 1 of Pub. L. 98-481 provided: "That this Act [enacting
    this subchapter] may be cited as the 'Coos, Lower Umpqua, and
    Siuslaw Restoration Act'."

-End-



-CITE-
    25 USC Sec. 714a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-D - CONFEDERATED TRIBES OF COOS, LOWER UMPQUA, AND
           SIUSLAW INDIANS: RESTORATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 714a. Extension of Federal recognition, rights, and privileges

-STATUTE-
    (a) Federal recognition
      Federal recognition is hereby extended to the Tribe, and its
    members shall be eligible for all Federal services and benefits
    furnished to federally recognized tribes. Notwithstanding any
    provision to the contrary in any law establishing such services and
    benefits, eligibility of the Tribe and its members for such Federal
    services and benefits shall become effective on October 17, 1984,
    without regard to the existence of a reservation for the Tribe or
    the residence of the members of the Tribe on a reservation for such
    members who reside in the following counties of Oregon: Coos, Lane,
    Lincoln, Douglas, and Curry.
    (b) Restoration of rights and privileges
      Except as provided in subscription (!1) (c) of this section, all
    rights and privileges of the Tribe and of members of the Tribe
    under any Federal treaty, Executive order, agreement or statute, or
    under any other authority, which were diminished or lost under the
    Act of August 13, 1954 (25 U.S.C. 691, et seq.), are hereby
    restored and the provisions of that Act are inapplicable to the
    Tribe and to members of the Tribe on October 17, 1984.

    (c) Hunting, fishing, or trapping rights not granted or restored
      This subchapter shall not grant or restore any hunting, fishing,
    or trapping right of any nature, including any indirect or
    procedural right or advantage, to any member of the Tribe, nor
    shall any presumption be created by this subchapter as to the
    existence or nonexistence of such rights.
    (d) Effect on property rights and other obligations
      Except as specifically provided in this subchapter, nothing in
    this subchapter shall alter any property right or obligation, any
    contractual right or obligation, or any obligation for taxes
    already levied.

-SOURCE-
    (Pub. L. 98-481, Sec. 3, Oct. 17, 1984, 98 Stat. 2250.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act approved August 13, 1954, referred to in subsec. (b), is act
    Aug. 13, 1954, ch. 733, 68 Stat. 724, which is classified generally
    to subchapter XXX (Sec. 691 et seq.) of this chapter. For complete
    classification of this Act to the Code, see Tables.

-COD-
                               CODIFICATION                           
      In subsecs. (a) and (b), "on October 17, 1984," the date of
    enactment of Pub. L. 98-481, substituted for "upon passage of this
    Act".

-FOOTNOTE-
    (!1) So in original. Probably should be "subsection".


-End-



-CITE-
    25 USC Sec. 714b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-D - CONFEDERATED TRIBES OF COOS, LOWER UMPQUA, AND
           SIUSLAW INDIANS: RESTORATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 714b. Membership rolls

-STATUTE-
    (a) Opening; duty of Interim Council and tribal officials
      The membership roll is declared open. The Interim Council and
    tribal officials under the Tribe's constitution and bylaws shall
    take such measures as will insure the continuing accuracy of the
    membership roll.
    (b) Criteria for enrollment
      (1) Until a tribal constitution and bylaws are adopted, a person
    shall be a member of the Tribe and his name shall be placed on the
    membership roll if the individual is living and if - 
        (a) that individual's name was listed on the Tribe's Census
      Roll of 1940;
        (b) that individual was entitled to be listed on the Tribe's
      Census Roll of January 1, 1940 but was not so listed. Any person
      placed on the membership roll must be listed on the January 1,
      1940 Census Roll of the Grand Ronde-Siletz Indian Agency of
      nonreservation Indians as Coos, Lower Umpqua, or Siuslaw, be a
      descendant of such a person, or be a descendant of public domain
      allotee (!1) of Western Oregon who was a member of one of these
      three tribes.

        (c) that individual is a direct lineal descendant of an
      individual, living or dead, identified by subparagraph (a) or
      (b); and
        (d) that individual or the lineal ancestor through whom he
      qualifies for membership under subparagraph (c) has never been an
      enrolled member of, or qualified for the payment of any money for
      the taking of land or otherwise through, any other Indian tribe,
      either federally recognized or acknowledged or not federally
      recognized or acknowledged.

      (2) Until a tribal constitution and bylaws are adopted, a person
    shall be eligible for membership if the individual is living and
    meets the criteria established in subsections (b)(1)(a), (b) and
    (c) of this section. Such individual may submit an application for
    enrollment to the Interim Council for consideration and decision
    and the Interim Council shall place on the roll the name of all
    individuals who submitted an application and are meeting the
    criteria established under subsections (b)(1)(a), (b) and (c) of
    this section: Provided, That the Interim Council may reject the
    application of any person who is found to be a member or who is
    claiming membership in another Indian tribe. Nothing in this
    subchapter shall bar unsuccessful applicants for enrollment before
    the Interim Council from submitting an application for enrollment
    to the Tribe after the adoption of a tribal constitution and
    bylaws.
      (3) After the adoption of a tribal constitution and bylaws, those
    documents shall govern membership in the Tribe.
    (c) Verification of eligibility for enrollment; appeal; finality of
      determination; possession of enrollment records and materials
      (1) Prior to any election pursuant to section 714d of this title,
    the Interim Council shall verify by tribal resolution the
    eligibility for enrollment and age of each member listed on the
    Tribe's membership roll, which resolution shall be forwarded to the
    Secretary.
      (2) With regard to the exclusion of any name from the tribal
    membership roll, any member may appeal to the Secretary, who shall
    make a final determination of each such appeal within ninety days
    after an appeal has been filed with him. The determination of the
    Secretary with respect to such an appeal shall be final.
    (d) Franchisement
      A member who is eighteen years of age or older is entitled and
    eligible to be given notice of, attend, participate in, and vote
    at, general council meetings and to nominate candidates for, to run
    for any office in, and to vote in elections of members to the
    interim council (!2) and to other tribal councils.


-SOURCE-
    (Pub. L. 98-481, Sec. 4, Oct. 17, 1984, 98 Stat. 2251.)

-FOOTNOTE-
    (!1) So in original. Probably should be "allottee".

    (!2) So in original. Probably should be "Interim Council".


-End-



-CITE-
    25 USC Sec. 714c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-D - CONFEDERATED TRIBES OF COOS, LOWER UMPQUA, AND
           SIUSLAW INDIANS: RESTORATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 714c. Interim Council

-STATUTE-
      Until such time as a new tribal constitution and bylaws are
    adopted in accordance with section 714d of this title, the Tribe
    shall be governed by an Interim Council, the membership of which
    shall consist of the members of the current council of the
    Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians,
    Incorporated or such new members as may be elected in accordance
    with election procedures followed by the tribal corporate body
    prior to October 17, 1984.

-SOURCE-
    (Pub. L. 98-481, Sec. 5, Oct. 17, 1984, 98 Stat. 2252.)

-End-



-CITE-
    25 USC Sec. 714d                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-D - CONFEDERATED TRIBES OF COOS, LOWER UMPQUA, AND
           SIUSLAW INDIANS: RESTORATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 714d. Tribal constitution and bylaws

-STATUTE-
    (a) Election; time and procedure
      Upon the written request of the Interim Council, the Secretary
    shall conduct an election by secret ballot, pursuant to section 476
    of this title, for the purpose of adopting a constitution and
    bylaws for the Tribe. The election shall be held after such written
    request and within sixty days after the Secretary has published in
    appropriate local media a certification copy of the Tribe's
    membership roll.
    (b) Preelection distribution of proposed constitution and bylaws
      and brief, impartial description; consultation by Interim Council
      with members of Tribe
      The Interim Council shall draft and distribute to each member
    described in section 714b(d) of this title, no later than thirty
    days before the election under subsection (a) of this section, a
    copy of the proposed constitution and bylaws of the Tribe, as
    proposed by the Interim Council, along with a brief, impartial
    description of the constitution and bylaws. The members of the
    Interim Council may freely consult with members of the Tribe,
    outside legal counsel and other consultants concerning the text and
    description of the constitution and bylaws, except that such
    consultation may not be carried on within fifty feet of the polling
    places on the date of the election.
    (c) Majority vote necessary for adoption of constitution and bylaws
      In any election held pursuant to subsection (a) of this section,
    the vote of a majority of those actually voting shall be necessary
    and sufficient for the adoption of a tribal constitution and
    bylaws: Provided, That the total vote cast shall not be less than
    thirty percent of those entitled to vote.
    (d) Election of tribal officials provided for in constitution and
      bylaws; ballot requirements
      Not later than one hundred and twenty days after the tribe (!1)
    adopts a constitution and bylaws, the Interim Council shall conduct
    an election by secret ballot for the purpose of electing the
    individuals who will serve as tribal officials as provided in the
    tribal constitution and bylaws. For the purpose of this election
    and notwithstanding any provision in the tribal constitution and
    bylaws to the contrary, absentee balloting shall be permitted.


-SOURCE-
    (Pub. L. 98-481, Sec. 6, Oct. 17, 1984, 98 Stat. 2252.)

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.


-End-



-CITE-
    25 USC Sec. 714e                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-D - CONFEDERATED TRIBES OF COOS, LOWER UMPQUA, AND
           SIUSLAW INDIANS: RESTORATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 714e. Reservation

-STATUTE-
    (a) Establishment
      A reservation shall be established by this subchapter at no cost
    to the Federal Government.
    (b) Legal description
      So long as the lands are offered to the Federal Government free
    of purchase cost, the Secretary shall accept the following lands in
    trust for the tribe (!1) as a reservation:

        (1) In Coos County, Oregon, a parcel containing 1.02 acres and
      described as parcel 3200 of section 106B of township 25 south,
      range 12 west, Willamette meridian.
        (2) In Coos County, Oregon, a parcel described as lots 10-18,
      block 13, Empire Commercial tracts K73 2K 81, A. N. Foley
      Donation Land Claim Numbered 38, section 20 of township 25 south,
      range 13 west, Willamette meridian. The Secretary shall not
      accept this parcel into trust until the date that is 1 year after
      October 17, 1984. If before the end of the ninety day period, a
      person or entity other than the tribe (!1) files a lawsuit in a
      court of competent jurisdiction claiming an interest in such
      parcel or portion thereof, the Secretary shall not accept the
      parcel into trust until the final adjudication of this lawsuit.
      Nothing in this subchapter shall be construed to the prejudice of
      any parties to such lawsuit or be construed to prevent a court of
      competent jurisdiction from partitioning such parcel in the
      adjudication of such lawsuit. Notwithstanding any other provision
      of law, the United States District Court for the District of
      Oregon shall be deemed to have jurisdiction over any lawsuit
      filed to determine the rights to the above described parcel of
      land.
        (3) In Curry County, Oregon, a parcel described as the
      southeast quarter of the southeast quarter of the southwest
      quarter of section 11 of township 32 south, range 15 west,
      Willamette meridian.
        (4) In Lane County, Oregon, a parcel described as beginning at
      the common corner to sections 23, 24, 25, and 26 township 18
      south, range 12 west, Willamette Meridian; then west 25 links;
      then north 2 chains and 50 links; then east 25 links to a point
      on the section line between sections 23 and 24; then south 2
      chains and 50 links to the place of origin, and containing .062
      of an acre, more or less, situated and lying in section 23,
      township 18 south, range 12 west, of Willamette Meridian.
    (c) State of Oregon; criminal and civil jurisdiction
      The State of Oregon shall exercise criminal and civil
    jurisdiction over the reservation, and over the individuals on the
    reservation, in accordance with section 1162 of title 18 and
    section 1360 of title 28, respectively.

-SOURCE-
    (Pub. L. 98-481, Sec. 7, Oct. 17, 1984, 98 Stat. 2253; Pub. L. 105-
    256, Sec. 5, Oct. 14, 1998, 112 Stat. 1897.)


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (b)(4). Pub. L. 105-256 added par. (4).

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.


-End-



-CITE-
    25 USC Sec. 714f                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-D - CONFEDERATED TRIBES OF COOS, LOWER UMPQUA, AND
           SIUSLAW INDIANS: RESTORATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 714f. Regulations

-STATUTE-
      The Secretary may promulgate such regulations as may be necessary
    to carry out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 98-481, Sec. 8, Oct. 17, 1984, 98 Stat. 2254.)

-End-


-CITE-
    25 USC SUBCHAPTER XXX-E - COQUILLE INDIAN TRIBE OF
           OREGON: RESTORATION OF FEDERAL SUPERVISION      01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-E - COQUILLE INDIAN TRIBE OF OREGON: RESTORATION OF
           FEDERAL SUPERVISION                           

-HEAD-
    SUBCHAPTER XXX-E - COQUILLE INDIAN TRIBE OF OREGON: RESTORATION OF
                            FEDERAL SUPERVISION

-End-



-CITE-
    25 USC Sec. 715                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-E - COQUILLE INDIAN TRIBE OF OREGON: RESTORATION OF
           FEDERAL SUPERVISION                           

-HEAD-
    Sec. 715. Definitions

-STATUTE-
      For the purposes of this subchapter - 
        (1) "Tribe" means the Coquille Indian Tribe consisting of the
      Upper Coquille and the Lower Coquille Tribes of Indians;
        (2) "Secretary" means the Secretary of the Interior or his
      designated representative;
        (3) "Interim Council" means the governing body of the Coquille
      Tribe which serves pursuant to section 715f of this title;
        (4) "Member" means those persons eligible for enrollment under
      section 715e of this title and after the adoption of a tribal
      constitution, those persons added to the roll pursuant to such
      constitution;
        (5) "service area" means the area composed of Coos, Curry,
      Douglas, Jackson, and Lane Counties in the State of Oregon;
        (6) "State" means the State of Oregon; and
        (7) "Reservation" means those lands subsequently acquired and
      held in trust by the Secretary for the benefit of the Tribe.

-SOURCE-
    (Pub. L. 101-42, Sec. 2, June 28, 1989, 103 Stat. 91.)


-MISC1-
                                SHORT TITLE                            
      Section 1 of Pub. L. 101-42 provided that: "This Act [enacting
    this subchapter] may be cited as the 'Coquille Restoration Act'."

-End-



-CITE-
    25 USC Sec. 715a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-E - COQUILLE INDIAN TRIBE OF OREGON: RESTORATION OF
           FEDERAL SUPERVISION                           

-HEAD-
    Sec. 715a. Restoration of Federal recognition, rights, and
      privileges

-STATUTE-
    (a) Federal recognition
      Notwithstanding any provision of law, Federal recognition is
    hereby extended to the Coquille Indian Tribe. Except as otherwise
    provided herein, all laws and regulations of general application to
    Indians or nations, tribes, or bands of Indians that are not
    inconsistent with any specific provision of this subchapter shall
    be applicable to the Tribe and its Members.
    (b) Restoration of rights and privileges
      Except as provided in subsection (d) of this section, all rights
    and privileges of this Tribe and of its Members under any Federal
    treaty, Executive order, agreement or statute or under any other
    authority, which were diminished or lost under the Act of August
    13, 1954 (68 Stat. 724) [25 U.S.C. 691 et seq.], are hereby
    restored and provisions of said Act shall be inapplicable to the
    Tribe and its Members after June 28, 1989.
    (c) Federal services and benefits
      Notwithstanding any other provision of law and without regard to
    the existence of a reservation, the Tribe and its Members shall be
    eligible, on and after June 28, 1989, for all Federal services and
    benefits furnished to federally recognized Indian tribes or their
    members. In the case of Federal services available to members of
    federally recognized tribes residing on a reservation, Members of
    the Tribe in the Tribe's service area shall be deemed to be
    residing on a reservation. Notwithstanding any other provision of
    law, the Tribe shall be considered an Indian tribe for the purpose
    of the Indian Tribal Government Tax Status Act (26 U.S.C. 7871).
    (d) Hunting, fishing, trapping, and water rights
      Nothing in this subchapter shall expand, reduce, or affect in any
    manner any hunting, fishing, trapping, gathering, or water right of
    the Tribe and its Members.
    (e) Indian Reorganization Act applicability
      The Act of June 18, 1934 (48 Stat. 984), as amended [25 U.S.C.
    461 et seq.], shall be applicable to the Tribe and its Members.
    (f) Certain rights not altered
      Except as specifically provided in this subchapter, nothing in
    this subchapter shall alter any property right or obligation, any
    contractual right or obligation, or any obligation for taxes
    levied.

-SOURCE-
    (Pub. L. 101-42, Sec. 3, June 28, 1989, 103 Stat. 91.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of August 13, 1954, referred to in subsec. (b), is act Aug.
    13, 1954, ch. 733, 68 Stat. 724, which is classified generally to
    subchapter XXX (Sec. 691 et seq.) of this chapter. For complete
    classification of this Act to the Code, see Tables.
      The Indian Tribal Government Tax Status Act, referred to in
    subsec. (c), probably means the Indian Tribal Governmental Tax
    Status Act of 1982, title II of Pub. L. 97-473, Jan. 14, 1983, 96
    Stat. 2607, as amended, which is classified principally to
    subchapter C (Sec. 7871) of chapter 80 of Title 26, Internal
    Revenue Code. For complete classification of this Act to the Code,
    see Short Title of 1983 Amendments note set out under section 1 of
    Title 26 and Tables.
      Act of June 18, 1934, referred to in subsec. (e), popularly known
    as the Indian Reorganization Act, is classified generally to
    subchapter V (Sec. 461 et seq.) of this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of this title and Tables.

-End-



-CITE-
    25 USC Sec. 715b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-E - COQUILLE INDIAN TRIBE OF OREGON: RESTORATION OF
           FEDERAL SUPERVISION                           

-HEAD-
    Sec. 715b. Economic development

-STATUTE-
    (a) Plan for economic development
      The Secretary shall - 
        (1) enter into negotiations with the governing body of the
      Tribe with respect to establishing a plan for economic
      development for this Tribe;
        (2) in accordance with this section and not later than two
      years after the adoption of a tribal constitution as provided in
      section 715g of this title, develop such a plan; and
        (3) upon the approval of such plan by the governing body of the
      Tribe, submit such plan to the Congress.
    (b) Restrictions to be contained in plan
      Any proposed transfer of real property contained in the plan
    developed by the Secretary under subsection (a) of this section
    shall be consistent with the requirements of section 715c of this
    title.

-SOURCE-
    (Pub. L. 101-42, Sec. 4, June 28, 1989, 103 Stat. 92.)

-End-



-CITE-
    25 USC Sec. 715c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-E - COQUILLE INDIAN TRIBE OF OREGON: RESTORATION OF
           FEDERAL SUPERVISION                           

-HEAD-
    Sec. 715c. Transfer of land to be held in trust

-STATUTE-
    (a) Lands to be taken in trust
      The Secretary shall accept any real property located in Coos and
    Curry Counties not to exceed one thousand acres for the benefit of
    the Tribe if conveyed or otherwise transferred to the Secretary:
    Provided, That, at the time of such acceptance, there are no
    adverse legal claims on such property including outstanding liens,
    mortgages, or taxes owed. The Secretary may accept any additional
    acreage in the Tribe's service area pursuant to his authority under
    the Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 461 et seq.].
    (b) Lands to be part of reservation
      Subject to the conditions imposed by this section, the land
    transferred shall be taken in the name of the United States in
    trust for the Tribe and shall be part of its reservation.
    (c) Lands to be nontaxable
      Any real property taken into trust for the benefit of the Tribe
    under this section shall be exempt from all local, State, and
    Federal taxation as of the date of transfer.
    (d) Creation of Coquille Forest
      (1) Definitions
        In this subsection:
          (A) the (!1) term "Coquille Forest" means certain lands in
        Coos County, Oregon, comprising approximately 5,400 acres, as
        generally depicted on the map entitled "Coquille Forest
        Proposal", dated July 8, 1996.

          (B) the (!1) term "Secretary" means the Secretary of the
        Interior.
          (C) the (!1) term "the Tribe" means the Coquille Tribe of
        Coos County, Oregon.
      (2) Map
        The map described in subparagraph (d)(1)(A), and such
      additional legal descriptions which are applicable, shall be
      placed on file at the local District Office of the Bureau of Land
      Management, the Agency Office of the Bureau of Indian Affairs,
      and with the Senate Committee on Energy and Natural Resources and
      the House Committee on Resources.
      (3) Interim period
        From September 30, 1996, until two years after September 30,
      1996, the Bureau of Land Management shall:
          (A) retain Federal jurisdiction for the management of lands
        designated under this subsection as the Coquille Forest and
        continue to distribute revenues from such lands in a manner
        consistent with existing law; and,(!2)

          (B) prior to advertising, offering or awarding any timber
        sale contract on lands designated under this subsection as the
        Coquille Forest, obtain the approval of the Assistant Secretary
        for Indian Affairs, acting on behalf of and in consultation
        with the Tribe.
      (4) Transition planning and designation
        (A) During the two year interim period provided for in
      paragraph (3), the Assistant Secretary for Indian Affairs, acting
      on behalf of and in consultation with the Tribe, is authorized to
      initiate development of a forest management plan for the Coquille
      Forest. The Secretary, acting through the Director of the Bureau
      of Land Management, shall cooperate and assist in the development
      of such plan and in the transition of forestry management
      operations for the Coquille Forest to the Assistant Secretary for
      Indian Affairs.
        (B) Two years after September 30, 1996, the Secretary shall
      take the lands identified under subparagraph (d)(1)(A) into
      trust, and shall hold such lands in trust, in perpetuity, for the
      Coquille Tribe. Such lands shall be thereafter designated as the
      Coquille Forest.
        (C) So as to maintain the current flow of revenue from land
      subject to the Act entitled "An Act relating to the revested
      Oregon and California Railroad and reconveyed Coos Bay Wagon Road
      grant land situated in the State of Oregon" (the O&C Act),
      approved August 28, 1937 (43 U.S.C. 1181a et seq.), the Secretary
      shall redesignate, from public domain lands within the tribe's
      service area, as defined in this subchapter, certain lands to be
      subject to the O&C Act. Lands redesignated under this
      subparagraph shall not exceed lands sufficient to constitute
      equivalent timber value as compared to lands constituting the
      Coquille Forest.
      (5) Management
        The Secretary of (!3) Interior, acting through the Assistant
      Secretary for Indian Affairs, shall manage the Coquille Forest
      under applicable State and Federal forestry and environmental
      protection laws, and subject to critical habitat designations
      under the Endangered Species Act [16 U.S.C. 1531 et seq.], and
      subject to the standards and guidelines of Federal forest plans
      on adjacent or nearby Federal lands, now and in the future. The
      Secretary shall otherwise manage the Coquille Forest in
      accordance with the laws pertaining to the management of Indian
      Trust (!4) lands and shall distribute revenues in accord with
      Public Law 101-630, 25 U.S.C. 3107.


          (A) Unprocessed logs harvested from the Coquille Forest shall
        be subject to the same Federal statutory restrictions on export
        to foreign Nations (!4) that apply to unprocessed logs
        harvested from Federal lands.
          (B) Notwithstanding any other provision of law, all sales of
        timber from land subject to this subsection shall be
        advertised, offered and awarded according to competitive
        bidding practices, with sales being awarded to the highest
        responsible bidder.
      (6) Indian Self-Determination Act agreement
        No sooner than two years after September 30, 1996, the
      Secretary may, upon a satisfactory showing of management
      competence and pursuant to the Indian Self-Determination Act [25
      U.S.C. 450f et seq.], enter into a binding Indian self-
      determination agreement (agreement) with the Coquille Indian
      Tribe. Such agreement may provide for the tribe to carry out all
      or a portion of the forest management for the Coquille Forest.
          (A) Prior to entering such an agreement, and as a condition
        of maintaining such an agreement, the Secretary must find that
        the Coquille Tribe has entered into a binding memorandum of
        agreement (MOA) with the State of Oregon, as required under
        paragraph 7.(!5)

          (B) The authority of the Secretary to rescind the Indian self-
        determination agreement shall not be encumbered.
            (i) The Secretary shall rescind the agreement upon a
          demonstration that the tribe and the State of Oregon are no
          longer engaged in a memorandum of agreement as required under
          paragraph 7.(!5)
            (ii) The Secretary may rescind the agreement on a showing
          that the Tribe has managed the Coquille Forest in a manner
          inconsistent with this subsection, or the Tribe is no longer
          managing, or capable of managing, the Coquille Forest in a
          manner consistent with this subsection.
      (7) Memorandum of agreement
        The Coquille Tribe shall enter into a memorandum of agreement
      (MOA) with the State of Oregon relating to the establishment and
      management of the Coquille Forest. The MOA shall include, but not
      be limited to, the terms and conditions for managing the Coquille
      Forest in a manner consistent with paragraph (5) of this
      subsection, preserving public access, advancing jointly-held
      resource management goals, achieving tribal restoration
      objectives and establishing a coordinated management framework.
      Further, provisions set forth in the MOA shall be consistent with
      federal (!6) trust responsibility requirements applicable to
      Indian trust lands and paragraph (5) of this subsection.

      (8) Public access
        The Coquille Forest shall remain open to public access for
      purposes of hunting, fishing, recreation and transportation,
      except when closure is required by state (!6) or federal (!6)
      law, or when the Coquille Indian Tribe and the State of Oregon
      agree in writing that restrictions on access are necessary or
      appropriate to prevent harm to natural resources, cultural
      resources or environmental quality; (!7) Provided, That the State
      of Oregon's agreement shall not be required when immediate action
      is necessary to protect archaeological resources.

      (9) Jurisdiction
        (A) The United States District Court for the District of Oregon
      shall have jurisdiction over actions against the Secretary
      arising out of claims that this subsection has been violated.
      Consistent with existing precedents on standing to sue, any
      affected citizen may bring suit against the Secretary for
      violations of this subsection, except that suit may not be
      brought against the Secretary for claims that the MOA has been
      violated. The Court has the authority to hold unlawful and set
      aside actions pursuant to this subsection that are arbitrary and
      capricious, an abuse of discretion, or otherwise an abuse of law.
        (B) The United States District Court for the District of Oregon
      shall have jurisdiction over actions between the State of Oregon
      and the Tribe arising out of claims of breach of the MOA.
        (C) Unless otherwise provided for by law, remedies available
      under this subsection shall be limited to equitable relief and
      shall not include damages.
      (10) State regulatory and civil jurisdiction
        In addition to the jurisdiction described in paragraph 7 (!5)
      of this subsection, the State of Oregon may exercise exclusive
      regulatory civil jurisdiction, including but not limited to
      adoption and enforcement of administrative rules and orders, over
      the following subjects:
          (A) management, allocation and administration of fish and
        wildlife resources, including but not limited to establishment
        and enforcement of hunting and fishing seasons, bag limits,
        limits on equipment and methods, issuance of permits and
        licenses, and approval or disapproval of hatcheries, game
        farms, and other breeding facilities; (!7) Provided, That
        nothing herein shall be construed to permit the State of Oregon
        to manage fish or wildlife habitat on Coquille Forest lands;
          (B) allocation and administration of water rights,
        appropriation of water and use of water;
          (C) regulation of boating activities, including equipment and
        registration requirements, and protection of the public's right
        to use the waterways for purposes of boating or other
        navigation;
          (D) fills and removals from waters of the State, as defined
        in Oregon law;
          (E) protection and management of the State's proprietary
        interests in the beds and banks of navigable waterways;
          (F) regulation of mining, mine reclamation activities, and
        exploration and drilling for oil and gas deposits;
          (G) regulation of water quality, air quality (including smoke
        management), solid and hazardous waste, and remediation of
        releases of hazardous substances;
          (H) regulation of the use of herbicides and pesticides; and
          (I) enforcement of public health and safety standards,
        including standards for the protection of workers, well
        construction and codes governing the construction of bridges,
        buildings, and other structures.
      (11) Savings clause, State authority
        (A) Nothing in this subsection shall be construed to grant
      tribal authority over private or State-owned lands.
        (B) To the extend (!8) that the State of Oregon is regulating
      the foregoing areas pursuant to a delegated Federal authority or
      a Federal program, nothing in this subsection shall be construed
      to enlarge or diminish the State's authority under such law.

        (C) Where both the State of Oregon and the United States are
      regulating, nothing herein shall be construed to alter their
      respective authorities.
        (D) To the extent that Federal law authorizes the Coquille
      Indian Tribe to assume regulatory authority over an area, nothing
      herein shall be construed to enlarge or diminish the tribe's (!9)
      authority to do so under such law.

        (E) Unless and except to the extent that the tribe (!9) has
      assumed jurisdiction over the Coquille Forest pursuant to Federal
      law, or otherwise with the consent of the State, the State of
      Oregon shall have jurisdiction and authority to enforce its laws
      addressing the subjects listed in subparagraph 10 (!10) of this
      subsection on the Coquille Forest against the Coquille Indian
      Tribe, its members and all other persons and entities, in the
      same manner and with the same remedies and protections and appeal
      rights as otherwise provided by general Oregon law. Where the
      State of Oregon and Coquille Indian Tribe agree regarding the
      exercise of tribal civil regulatory jurisdiction over activities
      on the Coquille Forest lands, the tribe (!9) may exercise such
      jurisdiction as its (!11) agreed upon.


      (12) Conflict between laws
        In the event of a conflict between Federal and State law under
      this subsection, Federal law shall control.

-SOURCE-
    (Pub. L. 101-42, Sec. 5, June 28, 1989, 103 Stat. 92; Pub. L. 104-
    208, div. B, title V, Sec. 501, Sept. 30, 1996, 110 Stat. 3009-
    537.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, referred to in subsec. (a), popularly known
    as the Indian Reorganization Act, is classified generally to
    subchapter V (Sec. 461 et seq.) of this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of this title and Tables.
      The O&C Act, referred to in subsec. (d)(4)(C), is act Aug. 28,
    1937, ch. 876, 50 Stat. 874, as amended, which is classified
    generally to subchapter V (Sec. 1181a et seq.) of chapter 28 of
    Title 43, Public Lands. For complete classification of this Act to
    the Code, see Tables.
      The Endangered Species Act, referred to in subsec. (d)(5),
    probably means the Endangered Species Act of 1973, Pub. L. 93-205,
    Dec. 28, 1973, 87 Stat. 884, as amended, which is classified
    generally to chapter 35 (Sec. 1531 et seq.) of Title 16,
    Conservation. For complete classification of this Act to the Code,
    see Short Title note set out under section 1531 of Title 16 and
    Tables.
      Public Law 101-630, 25 U.S.C. 3107, referred to in subsec.
    (d)(5), is probably a reference to section 308 of Pub. L. 101-630,
    which is classified to section 3107 of this title.
      The Indian Self-Determination Act, referred to in subsec. (d)(6),
    is title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2206, as
    amended, which is classified principally to part A (Sec. 450f et
    seq.) of subchapter II of chapter 14 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 450 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (d). Pub. L. 104-208 added subsec. (d).

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.

               

    (!2) So in original. The comma probably should not appear.

    (!3) So in original. Probably should be followed by "the".

    (!4) So in original. Probably should not be capitalized.

               

    (!5) So in original. Probably should be paragraph "(7)".

    (!6) So in original. Probably should be capitalized.

    (!7) So in original. The semicolon probably should be a colon.

    (!8) So in original. Probably should be "extent".

    (!9) So in original. Probably should be capitalized.

    (!10) So in original. Probably should be "paragraph (10)".

    (!11) So in original. Probably should be "is".


-End-



-CITE-
    25 USC Sec. 715d                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-E - COQUILLE INDIAN TRIBE OF OREGON: RESTORATION OF
           FEDERAL SUPERVISION                           

-HEAD-
    Sec. 715d. Criminal and civil jurisdiction

-STATUTE-
      The State shall exercise criminal and civil jurisdiction within
    the boundaries of the reservation, in accordance with section 1162
    of title 18, and section 1360 of title 28, respectively.
    Retrocession of such jurisdiction may be obtained pursuant to
    section 1323 of this title.

-SOURCE-
    (Pub. L. 101-42, Sec. 6, June 28, 1989, 103 Stat. 92.)

-End-



-CITE-
    25 USC Sec. 715e                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-E - COQUILLE INDIAN TRIBE OF OREGON: RESTORATION OF
           FEDERAL SUPERVISION                           

-HEAD-
    Sec. 715e. Membership rolls

-STATUTE-
    (a) Compilation of tribal membership roll
      Within one year of June 28, 1989, the Secretary shall compile a
    roll of the Coquille Indian Tribe.
    (b) Criteria for enrollments
      (1) Until a tribal constitution is adopted, a person shall be
    placed on the membership roll if the individual is living, is not
    an enrolled member of another federally recognized tribe, is of
    Coquille ancestry, possesses at least one-eighth or more of Indian
    blood quantum and if - 
        (A) that individual's name was listed on the Coquille roll
      compiled and approved by the Bureau of Indian Affairs on August
      29, 1960;
        (B) that individual was not listed on but met the requirements
      that had to be met to be listed on the Coquille roll compiled and
      approved by the Bureau of Indian Affairs on August 29, 1960; or
        (C) that individual is a lineal descendant of an individual,
      living or dead, identified by subparagraph (A) or (B).

      (2) After adoption of a tribal constitution, said constitution
    shall govern membership in the Tribe: Provided, That in addition to
    meeting any other criteria imposed in such tribal constitution, any
    person added to the roll has to be of Coquille Indian ancestry and
    cannot be a member of another federally recognized Indian tribe.
    (c) Conclusive proof of Coquille ancestry and degree of Indian
      blood quantum
      For the purpose of subsection (b) of this section, the Secretary
    shall accept any available evidence establishing Coquille ancestry
    and the required amount of Indian blood quantum. However, the
    Secretary shall accept as conclusive evidence of Coquille ancestry
    information contained in the Coquille roll compiled by the Bureau
    of Indian Affairs on August 29, 1960, and as conclusive evidence of
    Indian blood quantum the information contained in the January 1,
    1940, census roll of nonreservation Indians of the Grand Ronde-
    Siletz Agency.

-SOURCE-
    (Pub. L. 101-42, Sec. 7, June 28, 1989, 103 Stat. 93.)

-End-



-CITE-
    25 USC Sec. 715f                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-E - COQUILLE INDIAN TRIBE OF OREGON: RESTORATION OF
           FEDERAL SUPERVISION                           

-HEAD-
    Sec. 715f. Interim government

-STATUTE-
      Until a new tribal constitution and bylaws are adopted and become
    effective under section 715g of this title, the Tribe's governing
    body shall be an Interim Council. The initial membership of the
    Interim Council shall consist of the members of the Tribal Council
    of the Coquille Tribe on June 28, 1989, and the Interim Council
    shall continue to operate in the manner prescribed for the Tribal
    Council under the tribal bylaws adopted on April 23, 1979. Any new
    members filling vacancies on the Interim Council must meet the
    criteria for enrollment in section 715e(b) of this title and be
    elected in the same manner as are Tribal Council members under the
    April 23, 1979, bylaws.

-SOURCE-
    (Pub. L. 101-42, Sec. 8, June 28, 1989, 103 Stat. 93.)

-End-



-CITE-
    25 USC Sec. 715g                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXX-E - COQUILLE INDIAN TRIBE OF OREGON: RESTORATION OF
           FEDERAL SUPERVISION                           

-HEAD-
    Sec. 715g. Tribal constitution

-STATUTE-
    (a) Election; time and procedure
      Upon the completion of the tribal membership roll and upon the
    written request of the Interim Council, the Secretary shall
    conduct, by secret ballot, an election for the purpose of adopting
    a constitution for the Tribe. Absentee balloting shall be permitted
    regardless of voter residence. In every other regard, the election
    shall be held according to section 476 of this title.
    (b) Election of tribal officials; procedures
      Not later than one hundred and twenty days after the Tribe adopts
    a constitution and bylaws, the Secretary shall conduct an election
    by secret ballot for the purpose of electing tribal officials as
    provided in the tribal constitution. Said election shall be
    conducted according to the procedures stated in paragraph (!1) (a)
    of this section except to the extent that said procedures conflict
    with the tribal constitution.


-SOURCE-
    (Pub. L. 101-42, Sec. 9, June 28, 1989, 103 Stat. 93.)

-FOOTNOTE-
    (!1) So in original. Probably should be "subsection".


-End-


-CITE-
    25 USC SUBCHAPTER XXXI - ALABAMA AND COUSHATTA INDIANS OF
           TEXAS: TERMINATION OF FEDERAL SUPERVISION       01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXI - ALABAMA AND COUSHATTA INDIANS OF TEXAS:
           TERMINATION OF FEDERAL SUPERVISION            

-HEAD-
         SUBCHAPTER XXXI - ALABAMA AND COUSHATTA INDIANS OF TEXAS:
                    TERMINATION OF FEDERAL SUPERVISION

-End-



-CITE-
    25 USC Sec. 721                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXI - ALABAMA AND COUSHATTA INDIANS OF TEXAS:
           TERMINATION OF FEDERAL SUPERVISION            

-HEAD-
    Sec. 721. Transfer of property to Texas

-STATUTE-
      The Secretary of the Interior is authorized to convey to the
    State of Texas the lands held in trust by the United States for the
    tribe of Indians organized and known as the Alabama and Coushatta
    Tribes of Texas, located in Polk County, Texas; and such tribe is
    authorized to convey to the State of Texas the lands purchased for
    and deeded to the Alabama Indians in accordance with an act of the
    legislature of the State of Texas approved February 3, 1854,
    located in Polk County, Texas. All of the lands so conveyed shall
    be held by the State of Texas in trust for the benefit of the
    Indians of the Alabama and Coushatta Tribes of Texas, subject to
    such conditions regarding management and use as the State of Texas
    may prescribe and the disposition of such lands shall be subject to
    approval of a majority of the adult members of the Alabama and
    Coushatta Tribes of Texas.

-SOURCE-
    (Aug. 23, 1954, ch. 831, Sec. 1, 68 Stat. 768.)

-End-



-CITE-
    25 USC Sec. 722                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXI - ALABAMA AND COUSHATTA INDIANS OF TEXAS:
           TERMINATION OF FEDERAL SUPERVISION            

-HEAD-
    Sec. 722. Termination of Federal trust; publication; termination of
      Federal services; admission to hospitals and schools

-STATUTE-
      Upon the conveyance to the State of Texas of the lands held in
    trust by the United States for the Alabama and Coushatta Tribes of
    Texas, the Secretary of the Interior shall publish in the Federal
    Register a proclamation declaring that the Federal trust
    relationship to such tribe and its members has terminated.
    Thereafter such tribe and its members shall not be entitled to any
    of the services performed by the United States for Indians because
    of their status as Indians: Provided, That after August 21, 1954
    such Indians shall be eligible for admission, on the same terms
    that apply to other Indians, to hospitals and schools maintained by
    the United States.

-SOURCE-
    (Aug. 23, 1954, ch. 831, Sec. 2, 68 Stat. 769.)

-End-



-CITE-
    25 USC Sec. 723                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXI - ALABAMA AND COUSHATTA INDIANS OF TEXAS:
           TERMINATION OF FEDERAL SUPERVISION            

-HEAD-
    Sec. 723. Termination of Federal powers over tribe

-STATUTE-
      Effective on the date of the proclamation provided for in section
    722 of this title, all powers of the Secretary of the Interior or
    any other officer of the United States to take, review, or approve
    any action under the constitution and bylaws of the Alabama and
    Coushatta Tribes of Texas approved on August 19, 1938, pursuant to
    the Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 461 et seq.],
    are terminated. Any powers conferred upon the tribe by its
    constitution and bylaws that are inconsistent with the provisions
    of this subchapter are terminated. Such termination shall not
    affect the power of the tribe to take any action under its
    constitution and bylaws that is consistent with this subchapter
    without the participation of the Secretary or other officer of the
    United States in such action.

-SOURCE-
    (Aug. 23, 1954, ch. 831, Sec. 3, 68 Stat. 769.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, referred to in text, popularly known as the
    Indian Reorganization Act, is classified generally to subchapter V
    (Sec. 461 et seq.) of this chapter. For complete classification of
    this Act to the Code, see Short Title note set out under section
    461 of this title and Tables.

-End-



-CITE-
    25 USC Sec. 724                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXI - ALABAMA AND COUSHATTA INDIANS OF TEXAS:
           TERMINATION OF FEDERAL SUPERVISION            

-HEAD-
    Sec. 724. Cancellation of indebtedness

-STATUTE-
      The indebtedness of the Alabama and Coushatta Tribes of Texas to
    the United States incurred under the provisions of the Act of May
    29, 1928 (45 Stat. 883, 900), is canceled, effective on the date of
    the proclamation to be issued in accordance with the provisions of
    section 722 of this title.

-SOURCE-
    (Aug. 23, 1954, ch. 831, Sec. 4, 68 Stat. 769.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of May 29, 1928, referred to in text, is act May 29, 1928,
    ch. 853, 45 Stat. 883, known as the Second Deficiency Act, fiscal
    year, 1928. That portion of the act relating to indebtedness of
    Alabama and Coushatta Tribes is set out at 45 Stat. 900 and was not
    classified to the Code.

-End-



-CITE-
    25 USC Sec. 725                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXI - ALABAMA AND COUSHATTA INDIANS OF TEXAS:
           TERMINATION OF FEDERAL SUPERVISION            

-HEAD-
    Sec. 725. Revocation of corporate charter

-STATUTE-
      The corporate charter of the Alabama and Coushatta Tribes of
    Texas issued pursuant to the Act of June 18, 1934 (48 Stat. 984)
    [25 U.S.C. 461 et seq.], ratified on October 17, 1939, is revoked,
    effective on the date of the proclamation to be issued in
    accordance with the provisions of section 722 of this title.

-SOURCE-
    (Aug. 23, 1954, ch. 831, Sec. 5, 68 Stat. 769.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, referred to in text, popularly known as the
    Indian Reorganization Act, is classified generally to subchapter V
    (Sec. 461 et seq.) of this chapter. For complete classification of
    this Act to the Code, see Short Title note set out under section
    461 of this title and Tables.

-End-



-CITE-
    25 USC Sec. 726                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXI - ALABAMA AND COUSHATTA INDIANS OF TEXAS:
           TERMINATION OF FEDERAL SUPERVISION            

-HEAD-
    Sec. 726. Applicability of Federal and State laws

-STATUTE-
      On and after the date of the proclamation to be issued in
    accordance with the provisions of section 722 of this title, all
    statutes of the United States which affect Indians because of their
    status as Indians shall no longer be applicable to the Alabama and
    Coushatta Tribes of Texas or the members thereof, except as
    provided in said section and the laws of the several States shall
    apply to the tribe and its members in the same manner as they apply
    to other citizens or persons within their jurisdiction.

-SOURCE-
    (Aug. 23, 1954, ch. 831, Sec. 6, 68 Stat. 769.)

-End-



-CITE-
    25 USC Sec. 727                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXI - ALABAMA AND COUSHATTA INDIANS OF TEXAS:
           TERMINATION OF FEDERAL SUPERVISION            

-HEAD-
    Sec. 727. Citizenship status unaffected

-STATUTE-
      Nothing in this subchapter shall affect the status of the members
    of the tribes as citizens of the United States.

-SOURCE-
    (Aug. 23, 1954, ch. 831, Sec. 7, 68 Stat. 769.)

-End-



-CITE-
    25 USC Sec. 728                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXI - ALABAMA AND COUSHATTA INDIANS OF TEXAS:
           TERMINATION OF FEDERAL SUPERVISION            

-HEAD-
    Sec. 728. Protection of Alabama and Coushatta Indians and
      conservation of resources after issuance of proclamation

-STATUTE-
      The Act of June 18, 1934 (48 Stat. 984), as amended by the Act of
    June 15, 1935 (49 Stat. 387) [25 U.S.C. 461 et seq.], shall not
    apply to the tribe and its members after the date of the
    proclamation to be issued in accordance with the provisions of
    section 722 of this title.

-SOURCE-
    (Aug. 23, 1954, ch. 831, Sec. 8, 68 Stat. 769.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, referred to in text, popularly known as the
    Indian Reorganization Act, is classified generally to subchapter V
    (Sec. 461 et seq.) of this chapter. For complete classification of
    this Act to the Code, see Short Title note set out under section
    461 of this title and Tables.

-End-


-CITE-
    25 USC SUBCHAPTER XXXI-A - ALABAMA AND COUSHATTA INDIAN
           TRIBES OF TEXAS: RESTORATION OF FEDERAL
           SUPERVISION                                     01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXI-A - ALABAMA AND COUSHATTA INDIAN TRIBES OF TEXAS:
           RESTORATION OF FEDERAL SUPERVISION            

-HEAD-
     SUBCHAPTER XXXI-A - ALABAMA AND COUSHATTA INDIAN TRIBES OF TEXAS:
                    RESTORATION OF FEDERAL SUPERVISION

-End-



-CITE-
    25 USC Sec. 731                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXI-A - ALABAMA AND COUSHATTA INDIAN TRIBES OF TEXAS:
           RESTORATION OF FEDERAL SUPERVISION            

-HEAD-
    Sec. 731. Definitions

-STATUTE-
      For purposes of this subchapter - 
        (1) the term "tribe" means the Alabama and Coushatta Indian
      Tribes of Texas (considered as one tribe in accordance with
      section 732 of this title);
        (2) the term "Secretary" means the Secretary of the Interior or
      his designated representative;
        (3) the term "reservation" means the Alabama and Coushatta
      Indian Reservation in Polk County, Texas, comprised of - 
          (A) the lands and other natural resources conveyed to the
        State of Texas by the Secretary pursuant to the provisions of
        section 721 of this title;
          (B) the lands and other natural resources purchased for and
        deeded to the Alabama Indians in accordance with an act of the
        legislature of the State of Texas approved February 3, 1854;
        and
          (C) lands subsequently acquired and held in trust by the
        Secretary for the benefit of the tribe;

        (4) the term "State" means the State of Texas;
        (5) the term "constitution and bylaws" means the constitution
      and bylaws of the tribe which were adopted on June 16, 1971; and
        (6) the term "Tribal Council" means the governing body of the
      tribe under the constitution and bylaws.

-SOURCE-
    (Pub. L. 100-89, title II, Sec. 201, Aug. 18, 1987, 101 Stat. 669.)


-MISC1-
                                SHORT TITLE                            
      Section 1 of Pub. L. 100-89 provided that: "This Act [enacting
    this subchapter and subchapter LXXVIII (Sec. 1300g et seq.) of this
    chapter and provisions set out below] may be cited as the 'Ysleta
    del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas
    Restoration Act'."

                                REGULATIONS                            
      Section 2 of Pub. L. 100-89 provided that: "The Secretary of the
    Interior or his designated representative may promulgate such
    regulations as may be necessary to carry out the provisions of this
    Act [see Short Title note above]."

-End-



-CITE-
    25 USC Sec. 732                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXI-A - ALABAMA AND COUSHATTA INDIAN TRIBES OF TEXAS:
           RESTORATION OF FEDERAL SUPERVISION            

-HEAD-
    Sec. 732. Alabama and Coushatta Indian Tribes of Texas considered
      as one tribe

-STATUTE-
      The Alabama and Coushatta Indian Tribes of Texas shall be
    considered as one tribal unit for purposes of this subchapter and
    any other law or rule of law of the United States.

-SOURCE-
    (Pub. L. 100-89, title II, Sec. 202, Aug. 18, 1987, 101 Stat. 670.)

-End-



-CITE-
    25 USC Sec. 733                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXI-A - ALABAMA AND COUSHATTA INDIAN TRIBES OF TEXAS:
           RESTORATION OF FEDERAL SUPERVISION            

-HEAD-
    Sec. 733. Restoration of Federal trust relationship; Federal
      services and assistance

-STATUTE-
    (a) Federal trust relationship
      The Federal recognition of the tribe and of the trust
    relationship between the United States and the tribe is hereby
    restored. The Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 461 et
    seq.], and all laws and rules of law of the United States of
    general application to Indians, to nations, tribes, or bands of
    Indians, or to Indian reservations which are not inconsistent with
    any specific provision contained in this subchapter shall apply to
    the members of the tribe, the tribe, and the reservation.
    (b) Restoration of rights and privileges
      All rights and privileges of the tribe and members of the tribe
    under any Federal treaty, Executive order, agreement, statute, or
    under any other authority of the United States which may have been
    diminished or lost under the Act approved August 23, 1954 [68 Stat.
    768; 25 U.S.C. 721 et seq.], are hereby restored and such
    subchapter shall not apply to the tribe or to members of the tribe
    after August 18, 1987.
    (c) Federal benefits and services
      Notwithstanding any other provision of law, the tribe and the
    members of the tribe shall be eligible, on and after August 18,
    1987, for all benefits and services furnished to federally
    recognized Indian tribes.
    (d) Effect on property rights and other obligations
      Except as otherwise specifically provided in this subchapter, the
    enactment of this subchapter shall not affect any property right or
    obligation or any contractual right or obligation in existence
    before August 18, 1987, or any obligation for taxes levied before
    August 18, 1987.

-SOURCE-
    (Pub. L. 100-89, title II, Sec. 203, Aug. 18, 1987, 101 Stat. 670.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, referred to in subsec. (a), popularly known
    as the Indian Reorganization Act, is classified generally to
    subchapter V (Sec. 461 et seq.) of this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of this title and Tables.
      Act approved August 23, 1954, referred to in subsec. (b), was in
    the original a reference to the Act entitled "An Act to provide for
    the termination of Federal supervision over the property of the
    Alabama and Coushatta Tribes of Indians of Texas, and the
    individual members thereof; and for other purposes" and approved
    August 23, 1954, which is classified generally to subchapter XXXI
    (Sec. 721 et seq.) of this chapter. For complete classification of
    this Act to the Code, see Tables.

-End-



-CITE-
    25 USC Sec. 734                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXI-A - ALABAMA AND COUSHATTA INDIAN TRIBES OF TEXAS:
           RESTORATION OF FEDERAL SUPERVISION            

-HEAD-
    Sec. 734. State and tribal authority

-STATUTE-
    (a) State authority
      Nothing in this Act shall affect the power of the State of Texas
    to enact special legislation benefitting the tribe, and the State
    is authorized to perform any services benefitting the tribe that
    are not inconsistent with the provisions of this Act.
    (b) Current constitution and bylaws to remain in effect
      Subject to the provisions of section 733(a) of this title, the
    constitution and bylaws of the tribe on file with the Committee on
    Natural Resources of the House of Representatives is hereby
    declared to be approved for the purposes of section 476 of this
    title except that all reference to the Texas Indian Commission
    shall be considered as reference to the Secretary of the Interior.
    (c) Authority and capacity of Tribal Council
      No provision contained in this subchapter shall affect the power
    of the Tribal Council to take any action under the constitution and
    bylaws described in subsection (b) of this section. The Tribal
    Council shall represent the tribe and its members in the
    implementation of this subchapter and shall have full authority and
    capacity - 
        (1) to enter into contracts, grant agreements, and other
      arrangements with any Federal department or agency;
        (2) to administer or operate any program or activity under or
      in connection with any such contract, agreement, or arrangement,
      to enter into subcontracts or award grants to provide for the
      administration of any such program or activity, or to conduct any
      other activity under or in connection with any such contract,
      agreement, or arrangement; and
        (3) to bind any tribal governing body selected under any new
      constitution adopted in accordance with section 735 of this title
      as the successor in interest to the Tribal Council.

-SOURCE-
    (Pub. L. 100-89, title II, Sec. 204, Aug. 18, 1987, 101 Stat. 670;
    Pub. L. 103-437, Sec. 10(d), Nov. 2, 1994, 108 Stat. 4589.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (a), is Pub. L. 100-89, Aug. 18,
    1987, 101 Stat. 666, known as the Ysleta del Sur Pueblo and Alabama
    and Coushatta Indian Tribes of Texas Restoration Act, which enacted
    this subchapter and subchapter LXXVIII (Sec. 1300g et seq.) of this
    chapter and enacted provisions set out as notes under section 731
    of this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 731 of this title and
    Tables.


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (b). Pub. L. 103-437 substituted "Natural
    Resources of the House of Representatives" for "Interior and
    Insular Affairs".

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Natural Resources of House of Representatives
    treated as referring to Committee on Resources of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-End-



-CITE-
    25 USC Sec. 735                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXI-A - ALABAMA AND COUSHATTA INDIAN TRIBES OF TEXAS:
           RESTORATION OF FEDERAL SUPERVISION            

-HEAD-
    Sec. 735. Adoption of new constitution and bylaws

-STATUTE-
      Upon written request of the tribal council,(!1) the Secretary
    shall hold an election for the members of the tribe for the purpose
    of adopting a new constitution and bylaws in accordance with
    section 476 of this title.


-SOURCE-
    (Pub. L. 100-89, title II, Sec. 205, Aug. 18, 1987, 101 Stat. 671.)

-FOOTNOTE-
    (!1) So in original. Probably should be "Tribal Council,".


-End-



-CITE-
    25 USC Sec. 736                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXI-A - ALABAMA AND COUSHATTA INDIAN TRIBES OF TEXAS:
           RESTORATION OF FEDERAL SUPERVISION            

-HEAD-
    Sec. 736. Provisions relating to tribal reservation

-STATUTE-
    (a) Federal reservation established
      The reservation is hereby declared to be a Federal Indian
    reservation for the use and benefit of the tribe without regard to
    whether legal title to such lands is held in trust by the
    Secretary.
    (b) Conveyance of land by State
      The Secretary shall - 
        (1) accept any offer from the State to convey title to any
      lands held in trust by the State or the Texas Indian Commission
      for the benefit of the tribe to the Secretary, and
        (2) shall hold such title, upon conveyance by the State, in
      trust for the benefit of the tribe.
    (c) Conveyance of land by tribe
      At the written request of the Tribal Council, the Secretary shall
    - 
        (1) accept conveyance by the tribe of title to any lands within
      the reservation which are held by the tribe to the Secretary, and
        (2) hold such title, upon such conveyance by the tribe, in
      trust for the benefit of the tribe.
    (d) Approval of deed by Attorney General
      Notwithstanding any other provision of law or regulation, the
    Attorney General of the United States shall approve any deed or
    other instrument from the State or the tribe which conveys title to
    lands within the reservation to the United States.
    (e) Permanent improvements authorized
      Notwithstanding any other provision of law or rule of law, the
    Secretary or the tribe may erect permanent improvements,
    improvements of substantial value, or any other improvement
    authorized by law on the reservation without regard to whether
    legal title to such lands has been conveyed to the Secretary by the
    State or the tribe.
    (f) Civil and criminal jurisdiction within reservation
      The State shall exercise civil and criminal jurisdiction within
    the boundaries of the reservation as if such State had assumed such
    jurisdiction with the consent of the tribe under sections 1321 and
    1322 of this title.

-SOURCE-
    (Pub. L. 100-89, title II, Sec. 206, Aug. 18, 1987, 101 Stat. 671.)

-End-



-CITE-
    25 USC Sec. 737                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXI-A - ALABAMA AND COUSHATTA INDIAN TRIBES OF TEXAS:
           RESTORATION OF FEDERAL SUPERVISION            

-HEAD-
    Sec. 737. Gaming activities

-STATUTE-
    (a) In general
      All gaming activities which are prohibited by the laws of the
    State of Texas are hereby prohibited on the reservation and on
    lands of the tribe. Any violation of the prohibition provided in
    this subsection shall be subject to the same civil and criminal
    penalties that are provided by the laws of the State of Texas. The
    provisions of this subsection are enacted in accordance with the
    tribe's request in Tribal Resolution No. T.C.-86-07 which was
    approved and certified on March 10, 1986.
    (b) No State regulatory jurisdiction
      Nothing in this section shall be construed as a grant of civil or
    criminal regulatory jurisdiction to the State of Texas.
    (c) Jurisdiction over enforcement against members
      Notwithstanding section 736(f) of this title, the courts of the
    United States shall have exclusive jurisdiction over any offense in
    violation of subsection (a) of this section that is committed by
    the tribe, or by any member of the tribe, on the reservation or on
    lands of the tribe. However, nothing in this section shall be
    construed as precluding the State of Texas from bringing an action
    in the courts of the United States to enjoin violations of the
    provisions of this section.

-SOURCE-
    (Pub. L. 100-89, title II, Sec. 207, Aug. 18, 1987, 101 Stat. 672.)

-End-


-CITE-
    25 USC SUBCHAPTER XXXII - PAIUTE INDIANS OF UTAH:
           TERMINATION OF FEDERAL SUPERVISION              01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXII - PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
     SUBCHAPTER XXXII - PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL
                                SUPERVISION

-End-



-CITE-
    25 USC Sec. 741                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXII - PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 741. Purpose

-STATUTE-
      The purpose of this subchapter is to provide for the termination
    of Federal supervision over the trust and restricted property of
    certain tribes and bands of Indians located in the State of Utah
    and the individual members thereof, for the disposition of
    federally owned property acquired or withdrawn for the
    administration of the affairs of such Indians, and for a
    termination of Federal services furnished such Indians because of
    their status as Indians.

-SOURCE-
    (Sept. 1, 1954, ch. 1207, Sec. 1, 68 Stat. 1099.)


-MISC1-
                        REPEAL OF INCONSISTENT LAWS                    
      Section 20 of act Sept. 1, 1954, provided that: "All Acts or
    parts of Acts inconsistent with this Act [this subchapter] are
    repealed insofar as they affect the tribe or its members. The Act
    of June 18, 1934 (48 Stat. 984), as amended by the Act of June 15,
    1935 (49 Stat. 378) [section 461 et seq. of this title], shall not
    apply to the tribe and its members after the date of the
    proclamation provided for in section 17 of this Act [section 757 of
    this title]."

                               SEPARABILITY                           
      Section 21 of act Sept. 1, 1954, provided that: "If any provision
    of this Act [this subchapter], or the application thereof, to any
    person or circumstance is held invalid, the remainder of the Act
    and the application of such provision to other persons or
    circumstances shall not be affected thereby."

-End-



-CITE-
    25 USC Sec. 742                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXII - PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 742. Definitions

-STATUTE-
      For the purposes of this subchapter - 
        (a) "Tribe" means any of the following tribes or bands of
      Indians located in the State of Utah: Shivwits, Kanosh,
      Koosharem, and Indian Peaks Bands of the Paiute Indian Tribe.
        (b) "Secretary" means the Secretary of the Interior.
        (c) "Lands" means real property, interests therein, or
      improvements thereon, and includes water rights.
        (d) "Individual Indian" means any individual Indian whose name
      appears on the final roll prepared pursuant to section 743 of
      this title.
        (e) "Tribal property" means any real or personal property,
      including water rights, or any interest in real or personal
      property, that belongs to the tribe and either is held by the
      United States in trust for the tribe or is subject to a
      restriction against alienation imposed by the United States,

-SOURCE-
    (Sept. 1, 1954, ch. 1207, Sec. 2, 68 Stat. 1100.)

-End-



-CITE-
    25 USC Sec. 743                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXII - PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 743. Membership roll; preparation and initial publication;
      appeal from inclusion or omission from roll; finality of
      determination; final publication

-STATUTE-
      Each tribe shall have a period of six months from September 1,
    1954, in which to prepare and submit to the Secretary a proposed
    roll of the members of the tribe living on September 1, 1954, which
    shall be published in the Federal Register. If a tribe fails to
    submit such roll within the time specified in this section, the
    Secretary shall prepare a proposed role (!1) for the tribe, which
    shall be published in the Federal Register. Any person claiming
    membership rights in the tribe or an interest in its assets, or a
    representative of the Secretary on behalf of any such person, may,
    within sixty days from the date of publication of the proposed
    roll, file an appeal with the Secretary contesting the inclusion or
    omission of the name of any person on or from such roll. The
    Secretary shall review such appeals and his decisions thereon shall
    be final and conclusive. After disposition of all such appeals by
    the Secretary, the roll of the tribe shall be published in the
    Federal Register, and such roll shall be final for the purposes of
    this subchapter.


-SOURCE-
    (Sept. 1, 1954, ch. 1207, Sec. 3, 68 Stat. 1100.)

-FOOTNOTE-
    (!1) So in original. Probably should be "roll".


-End-



-CITE-
    25 USC Sec. 744                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXII - PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 744. Personal property rights; restrictions

-STATUTE-
      Upon publication in the Federal Register of the final roll as
    provided in section 743 of this title, the rights or beneficial
    interests in tribal property of each person whose name appears on
    the roll shall constitute personal property which may be inherited
    or bequeathed, but shall not otherwise be subject to alienation or
    encumbrance before the transfer of title to such tribal property as
    provided in section 745 of this title without the approval of the
    Secretary. Any contract made in violation of this section shall be
    null and void.

-SOURCE-
    (Sept. 1, 1954, ch. 1207, Sec. 4, 68 Stat. 1100.)

-End-



-CITE-
    25 USC Sec. 745                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXII - PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 745. Tribal property

-STATUTE-
    (a) Procedure for transfer; compensation of agents or attorneys
      The Secretary shall, within six months after the publication of
    each final membership roll, notify the tribe of the period of time
    during which the tribe may study means of disposition of tribal
    property, real and personal, under supervision of the United
    States. Such period shall not be less than three months and not
    more than two years, including any authorized extension of the
    original periods. The Secretary is authorized to provide such
    reasonable assistance as may be requested by the tribe in the
    formulation of a plan for the disposition or future control and
    management of the property, including necessary consultations with
    representatives of Federal departments and agencies, officials of
    the State of Utah and political subdivisions thereof, and members
    of the tribe. During such period, the tribe may elect - 
        (1) to apply to the Secretary for the transfer to a corporation
      or other legal entity organized by the tribe in a form
      satisfactory to the Secretary of title to all or any part of the
      tribal property, and the Secretary is authorized to make such
      transfer: Provided, That the Secretary of the Interior shall not
      approve any form of organization that provides for the transfer
      of stock or an undivided share in corporate assets as
      compensation for services of agents or attorneys unless such
      transfer is based upon an appraisal of tribal assets that is
      satisfactory to the Secretary;
        (2) to apply to the Secretary for the transfer to one or more
      trustees designated by the tribe of title to all or any part of
      the tribal property, real and personal, the title to be held by
      such trustee for management or liquidation purposes under terms
      and conditions prescribed by the tribe, and the Secretary is
      authorized to make such transfer if he approves the trustees and
      the terms and conditions of the trust;
        (3) to apply to the Secretary for the sale of all or any part
      of the tribal property, and for the pro rata distribution among
      the members of the tribe of all or any part of the proceeds of
      sale or of any other tribal funds, and the Secretary is
      authorized and directed to sell such property upon such terms and
      conditions as he deems proper and to make such distribution among
      the members of the tribe after deducting, in his discretion,
      reasonable costs of sale and distribution; and
        (4) to apply to the Secretary for a division of all or any part
      of the tribal land into parcels for members and for public
      purposes, together with a general plan for the subdivision
      showing the approximate size, location, and number of parcels,
      and the Secretary is authorized to issue patents for that
      purpose.
    (b) Property not transferred in accordance with recognized
      procedure
      Title to any tribal property that is not transferred in
    accordance with the provisions of subsection (a) of this section
    shall be transferred by the Secretary either to all members of the
    tribe as tenants in common or to one or more trustees designated by
    him for the liquidation and distribution of assets among the
    members of the tribe under such terms and conditions as the
    Secretary may prescribe: Provided, That the trust agreement shall
    provide for the termination of the trust not more than three years
    from the date of such transfer unless the term of the trust is
    extended by order of a judge of a court of record designated in the
    trust agreement.
    (c) Selection of trustees; approval by Secretary; election to
      retain property
      When approving or disapproving the selection of trustees in
    accordance with the provisions of subsection (a) of this section,
    and when designating trustees pursuant to subsection (b) of this
    section, the Secretary shall give due regard to the laws of the
    State of Utah that relate to the selection of trustees: Provided
    further, That the trust agreement shall provide that at any time
    before the sale of tribal property by the trustees the tribe may
    notify the trustees that it elects to retain such property and to
    transfer title thereto to a corporation, other legal entity, or
    trustee in accordance with the provisions of paragraphs (1) and (2)
    of subsection (a) of this section, and that the trustees shall
    transfer title to such property in accordance with the notice from
    the tribe if it is approved by the Secretary.
    (d) Reservation of subsurface rights
      Notwithstanding any other provision of this section, the
    Secretary is directed to reserve subsurface rights in tribal
    property from any sale or division of such property, and to require
    any trustee or trustees to whom title to tribal property is
    transferred to retain title to the subsurface rights in such
    property for not less than 10 years.

-SOURCE-
    (Sept. 1, 1954, ch. 1207, Sec. 5, 68 Stat. 1100.)


-MISC1-
           DISCONTINUANCE OF IRRIGATION WORKS; TRANSFER OF TITLE       
      Section 22 of act Sept. 1, 1954, provided that not later than two
    years after Sept. 1, 1954, the management and operation of
    irrigation works for Indian lands of the tribe by the Bureau of
    Indian Affairs was to be discontinued, and that, upon such
    discontinuance, the Secretary was to cancel the unpaid irrigation
    operation and maintenance assessments and reimbursable irrigation
    construction charges against such lands and transfer the title to
    such irrigation works to water users, water user's associations
    organized for such purpose, or to corporations organized, or
    trustees designated, as provided in this section.

-End-



-CITE-
    25 USC Sec. 746                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXII - PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 746. Individual property

-STATUTE-
    (a) Transfer of unrestricted control
      The Secretary is authorized and directed to transfer within two
    years after September 1, 1954 to each member of each tribe
    unrestricted control of funds or other personal property held in
    trust for such member by the United States.
    (b) Removal of restrictions on sales or encumbrances; fee simple
      title
      All restrictions on the sale or encumbrance of trust or
    restricted land owned by members of the tribe (including allottees,
    heirs, and devisees, either adult or minor) are removed two years
    after September 1, 1954, and the patents or deeds under which
    titles are then held shall pass the titles in fee simple, subject
    to any valid encumbrance: Provided, That the provisions of this
    subsection shall not apply to subsurface rights in such lands, and
    the Secretary is directed to transfer such subsurface rights to one
    or more trustees designated by him for management for a period not
    less than 10 years. The title to all interests in trust or
    restricted land acquired by members of the tribe by devise or
    inheritance two years or more after September 1, 1954 shall vest in
    such members in fee simple, subject to any valid encumbrance.
    (c) Multiple land ownership; partition; sale; election to purchase;
      unlocated owner
      Prior to the time provided in subsection (b) of this section for
    the removal of restrictions on land owned by more than one member
    of a tribe, the Secretary may - 
        (1) upon request of any of the owners, partition the land and
      issue to each owner a patent or deed for his individual share
      that shall become unrestricted two years from September 1, 1954;
        (2) upon request of any of the owners and a finding by the
      Secretary that partition of all or any part of the land is not
      practicable, cause all or any part of the land to be sold at not
      less than the appraised value thereof and distribute the proceeds
      of sale to the owners: Provided, That any one or more of the
      owners may elect before a sale to purchase the other interests in
      the land at not less than the appraised value thereof, and the
      purchaser shall receive an unrestricted patent or deed to the
      land; and
        (3) if the whereabouts of none of the owners can be
      ascertained, cause such lands to be sold and deposit the proceeds
      of sale in the Treasury of the United States for safekeeping.

-SOURCE-
    (Sept. 1, 1954, ch. 1207, Sec. 6, 68 Stat. 1101.)

-End-



-CITE-
    25 USC Sec. 747                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXII - PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 747. Property of deceased members

-STATUTE-
    (a) Federal laws inapplicable to probate
      The Act of June 25, 1910 (36 Stat. 855), the Act of February 14,
    1913 (37 Stat. 678), and other Acts amendatory thereto shall not
    apply to the probate of the trust and restricted property of the
    members of a tribe who die six months or more after September 1,
    1954.
    (b) State, etc., laws applicable to probate
      The laws of the several States, Territories, possessions, and the
    District of Columbia with respect to the probate of wills, the
    determination of heirs, and the administration of decedents'
    estates shall apply to the individual property of members of the
    tribe who die six months after September 1, 1954.

-SOURCE-
    (Sept. 1, 1954, ch. 1207, Sec. 7, 68 Stat. 1102.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 25, 1910, referred to in subsec. (a), is act June 25,
    1910, ch. 431, 36 Stat. 855, as amended, which enacted sections 47,
    93, 151, 202, 337, 344a, 351, 352, 353, 372, 403, 406, 407, and 408
    of this title, sections 6a-1 and 16a of Title 41, Public Contracts,
    and section 148 of Title 43, Public Lands, and amended sections
    191, 312, 331, 333, and 336 of this title and sections 104 and 107
    of former Title 18, Criminal Code and Criminal Procedure. Sections
    104 and 107 of former title 18 were repealed and reenacted as
    sections 1853 and 1856 of Title 18, Crimes and Criminal Procedure,
    by act June 25, 1948, ch. 645, 62 Stat. 683. For complete
    classification of this Act to the Code, see Tables.
      Act of February 14, 1913, referred to in subsec. (a), is act Feb.
    14, 1913, ch. 55, 37 Stat. 678, which amended section 373 of this
    title. For complete classification of this Act to the Code, see
    Tables.

-End-



-CITE-
    25 USC Sec. 748                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXII - PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 748. Transfer of federally owned property

-STATUTE-
      The Secretary is authorized, in his discretion, to transfer to a
    tribe or any member or group of members thereof any federally owned
    property acquired, withdrawn, or used for the administration of the
    affairs of the tribe which he deems necessary for Indian use, or to
    transfer to a public or nonprofit body any such property which he
    deems necessary to public use and from which members of the tribes
    will derive benefit.

-SOURCE-
    (Sept. 1, 1954, ch. 1207, Sec. 8, 68 Stat. 1102.)


-MISC1-
                           KANOSH INDIANS, UTAH                       
      Act July 11, 1956, ch. 569, 70 Stat. 528, provided: "That the
    following-described public domain is hereby declared to be held by
    the United States in trust for the Kanosh Bank of the Paiute Indian
    Tribe in Utah, subject to the provisions of the Act of September 1,
    1954 (68 Stat. 1099) [this subchapter], with respect to the
    termination of Federal supervision over all property of such
    Indians: The southeast quarter, east half northeast quarter, and
    the northwest quarter northeast quarter, section 35, township 22
    south, range 5 west; the west half west half, section 14, and the
    east half east half, section 15, township 23 south, range 5 west,
    Salt Lake meridian, Utah, containing 600 acres."

-End-



-CITE-
    25 USC Sec. 749                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXII - PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 749. Taxes; initial exemption; taxes following distribution;
      valuation for capital gains and losses

-STATUTE-
      No property distributed under the provisions of this subchapter
    shall at the time of distribution be subject to Federal or State
    income tax. Following any distribution of property made under the
    provisions of this subchapter, such property and any income derived
    therefrom by the individual, corporation, or other legal entity
    shall be subject to the same taxes, State and Federal, as in the
    case of non-Indians: Provided, That for the purpose of capital
    gains or losses the base value of the property shall be the value
    of the property when distributed to the individual, corporation, or
    other legal entity.

-SOURCE-
    (Sept. 1, 1954, ch. 1207, Sec. 9, 68 Stat. 1102.)

-End-



-CITE-
    25 USC Sec. 750                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXII - PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 750. Indian claims unaffected

-STATUTE-
      Nothing contained in this subchapter shall deprive any Indian
    tribe, band, or other identifiable group of American Indians of any
    right, privilege, or benefit granted by the Indian Claims
    Commission Act of August 13, 1946 (ch. 959, 60 Stat. 1049) [25
    U.S.C. 70 et seq.], including the right to pursue claims against
    the United States as authorized by said Act.

-SOURCE-
    (Sept. 1, 1954, ch. 1207, Sec. 10, 68 Stat. 1103.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Claims Commission Act of August 13, 1946, referred to
    in text, is act Aug. 13, 1946, ch. 959, 60 Stat. 1049, as amended,
    which was classified to section 2A (Sec. 70 et seq.) of this title
    and was omitted because of the termination of the Indian Claims
    Commission on Sept. 30, 1978. See Codification note set out under
    former section 70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 751                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXII - PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 751. Valid leases, permits, liens, etc., unaffected

-STATUTE-
      Nothing in this subchapter shall abrogate any valid lease,
    permit, license, right-of-way, lien, or other contract heretofore
    approved. Whenever any such instrument places in or reserves to the
    Secretary any powers, duties, or other functions with respect to
    the property subject thereto, the Secretary may transfer such
    functions, in whole or in part, to any Federal agency with the
    consent of such agency and may transfer such function, in whole or
    in part, to a State agency with the consent of such agency and the
    other party or parties to such instrument.

-SOURCE-
    (Sept. 1, 1954, ch. 1207, Sec. 11, 68 Stat. 1103.)

-End-



-CITE-
    25 USC Sec. 752                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXII - PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 752. Water rights

-STATUTE-
      Nothing in this subchapter shall abrogate any water rights of a
    tribe or its members.

-SOURCE-
    (Sept. 1, 1954, ch. 1207, Sec. 12, 68 Stat. 1103.)

-End-



-CITE-
    25 USC Sec. 753                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXII - PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 753. Protection of minors, persons non compos mentis and other
      members needing assistance; guardians; other adequate means

-STATUTE-
      Prior to the transfer of title to, or the removal of restrictions
    from, property in accordance with the provisions of this
    subchapter, the Secretary shall protect the rights of members of a
    tribe who are minors, non compos mentis, or in the opinion of the
    Secretary in need of assistance in conducting their affairs by
    causing the appointment of guardians in courts of competent
    jurisdiction, or by such other means as he may deem adequate.

-SOURCE-
    (Sept. 1, 1954, ch. 1207, Sec. 13, 68 Stat. 1103.)

-End-



-CITE-
    25 USC Sec. 754                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXII - PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 754. Advances or expenditures from tribal funds

-STATUTE-
      Pending the completion of the property dispositions provided for
    in this subchapter, the funds now on deposit, or hereafter
    deposited, in the United States Treasury to the credit of the tribe
    shall be available for advance to the tribe, or for expenditure,
    for such purposes as may be designated by the governing body of the
    tribe and approved by the Secretary.

-SOURCE-
    (Sept. 1, 1954, ch. 1207, Sec. 14, 68 Stat. 1103.)

-End-



-CITE-
    25 USC Sec. 755                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXII - PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 755. Execution by Secretary of patents, deeds, etc.

-STATUTE-
      The Secretary shall have the authority to execute such patents,
    deeds, assignments, releases, certificates, contracts, and other
    instruments as may be necessary or appropriate to carry out the
    provisions of this subchapter, or to establish a marketable and
    recordable title to any property disposed of pursuant to this
    subchapter.

-SOURCE-
    (Sept. 1, 1954, ch. 1207, Sec. 15, 68 Stat. 1103.)

-End-



-CITE-
    25 USC Sec. 756                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXII - PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 756. Cancellation of indebtedness

-STATUTE-
      The Secretary is authorized and directed to cancel any
    indebtedness payable to the United States by the tribe arising out
    of any loan made by the United States to such tribe, and any
    indebtedness, whether payable to the United States or to the tribe,
    arising out of a loan made from the proceeds thereof to an
    individual Indian.

-SOURCE-
    (Sept. 1, 1954, ch. 1207, Sec. 16, 68 Stat. 1103.)

-End-



-CITE-
    25 USC Sec. 757                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXII - PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 757. Termination of Federal trust

-STATUTE-
    (a) Publication; termination of Federal services; application of
      Federal and State laws
      Upon removal of Federal restrictions on the property of each
    tribe and individual members thereof, the Secretary shall publish
    in the Federal Register a proclamation declaring that the Federal
    trust relationship to the affairs of the tribe and its members has
    terminated. Thereafter individual members of the tribe shall not be
    entitled to any of the services performed by the United States for
    Indians because of their status as Indians, all statutes of the
    United States which affect Indians because of their status as
    Indians shall no longer be applicable to the members of the tribe,
    and the laws of the several States shall apply to the tribe and its
    members in the same manner as they apply to other citizens or
    persons within their jurisdiction.
    (b) Citizenship status unaffected
      Nothing in this subchapter shall affect the status of the members
    of the tribe as citizens of the United States, or shall affect
    their rights, privileges, immunities, and obligations as such
    citizens.

-SOURCE-
    (Sept. 1, 1954, ch. 1207, Sec. 17, 68 Stat. 1103.)

-End-



-CITE-
    25 USC Sec. 758                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXII - PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 758. Status of Tribes

-STATUTE-
    (a) Revocation of corporate charter
      Effective on the date of the proclamation provided for in section
    757 of this title, the corporate charter issued pursuant to the Act
    of June 18, 1934 (48 Stat. 984), as amended [25 U.S.C. 461 et
    seq.], to the Kanosh Band of Paiute Indians of the Kanosh
    Reservation, Utah, and ratified by the band on August 15, 1943, and
    to the Shivwits Band of Paiute Indians of the Shivwits Reservation,
    Utah, and ratified by the band on August 30, 1941, are revoked.
    (b) Termination of Federal power
      Effective on the date of the proclamation provided for in section
    757 of this title, all powers of the Secretary or other officer of
    the United States to take, review, or approve any action under the
    constitution and bylaws of the tribe are terminated. Any powers
    conferred upon the tribe by such constitution which are
    inconsistent with the provisions of this subchapter are terminated.
    Such termination shall not affect the power of the tribe to take
    any action under its constitution and bylaws that is consistent
    with this subchapter without the participation of the Secretary or
    other officer of the United States.

-SOURCE-
    (Sept. 1, 1954, ch. 1207, Sec. 18, 68 Stat. 1104.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, referred to in subsec. (a), popularly known
    as the Indian Reorganization Act, is classified generally to
    subchapter V (Sec. 461 et seq.) of this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of this title and Tables.

-End-



-CITE-
    25 USC Sec. 759                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXII - PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 759. Rules and regulations; tribal referenda

-STATUTE-
      The Secretary is authorized to issue rules and regulations
    necessary to effectuate the purposes of this subchapter, and may in
    his discretion provide for tribal referenda on matters pertaining
    to management or disposition of tribal assets.

-SOURCE-
    (Sept. 1, 1954, ch. 1207, Sec. 19, 68 Stat. 1104.)

-End-



-CITE-
    25 USC Sec. 760                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXII - PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 760. Education and training program; purposes; subjects;
      transportation; subsistence; contracts; other education programs

-STATUTE-
      Prior to the issuance of a proclamation in accordance with the
    provisions of section 757 of this title, the Secretary is
    authorized to undertake, within the limits of available
    appropriations, a special program of education and training
    designed to help the members of the tribe to earn a livelihood, to
    conduct their own affairs, and to assume their responsibilities as
    citizens without special services because of their status as
    Indians. Such program may include language training, orientation in
    non-Indian community customs and living standards, vocational
    training and related subjects, transportation to the place of
    training or instruction, and subsistence during the course of
    training or instruction. For the purposes of such program the
    Secretary is authorized to enter into contracts or agreements with
    any Federal, State, or local governmental agency, corporation,
    association, or person. Nothing in this section shall preclude any
    Federal agency from undertaking any other program for the education
    and training of Indians with funds appropriated to it.

-SOURCE-
    (Sept. 1, 1954, ch. 1207, Sec. 23, 68 Stat. 1104.)

-End-


-CITE-
    25 USC SUBCHAPTER XXXII-A - PAIUTE INDIANS OF UTAH:
           RESTORATION OF FEDERAL SUPERVISION              01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXII-A - PAIUTE INDIANS OF UTAH: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    SUBCHAPTER XXXII-A - PAIUTE INDIANS OF UTAH: RESTORATION OF FEDERAL
                                SUPERVISION

-End-



-CITE-
    25 USC Sec. 761                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXII-A - PAIUTE INDIANS OF UTAH: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 761. Definitions

-STATUTE-
      For the purposes of this subchapter - 
        (1) the term "tribe" means the Cedar, Shivwits, Kanosh,
      Koosharem, and Indian Peaks Bands of Paiute Indians of Utah;
        (2) the term "Secretary" means the Secretary of the Interior or
      his authorized representative;
        (3) the term "Interim Council" means the council elected
      pursuant to section 764 of this title;
        (4) the term "member", when used with respect to the tribe,
      means a person enrolled on the membership roll of the tribe, as
      provided in section 763 of this title; and
        (5) the term "final membership roll" means the final membership
      roll of the tribe published on April 15, 1955, on pages 2499
      through 2503 of volume 20 of the Federal Register and on April
      14, 1956, on pages 2453 through 2456 of volume 21 of the Federal
      Register.

-SOURCE-
    (Pub. L. 96-227, Sec. 2, Apr. 3, 1980, 94 Stat. 317; Pub. L. 109-
    126, Sec. 4, Dec. 7, 2005, 119 Stat. 2547.)


-MISC1-
                                SHORT TITLE                            
      Section 1 of Pub. L. 96-227 provided: "That this act [enacting
    this subchapter] may be cited as the 'Paiute Indian Tribe of Utah
    Restoration Act'."

                                AMENDMENTS                            
      2005 - Par. (1). Pub. L. 109-126 substituted "Cedar" for "Cedar
    City".

-End-



-CITE-
    25 USC Sec. 762                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXII-A - PAIUTE INDIANS OF UTAH: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 762. Federal restoration of supervision

-STATUTE-
    (a) Trust relationship restored or confirmed; statutory provisions
      applicable; eligibility for Federal services and benefits
      The Federal trust relationship is restored to the Shivwits,
    Kanosh, Koosharem, and Indian Peaks Bands of Paiute Indians of Utah
    and restored or confirmed with respect to the Cedar Band of Paiute
    Indians of Utah. The provisions of the Act of June 18, 1934 (48
    Stat. 984), as amended [25 U.S.C. 461 et seq.], except as
    inconsistent with specific provisions of this subchapter, are made
    applicable to the tribe and the members of the tribe. The tribe and
    the members of the tribe shall be eligible for all Federal services
    and benefits furnished to federally recognized Indian tribes.
    Notwithstanding any provision to the contrary in any law
    establishing such services or benefits, eligibility of the tribe
    and its members for such Federal services and benefits shall become
    effective April 3, 1980, without regard to the existence of a
    reservation for the tribe or the residence of members of the tribe
    on a reservation. For the purpose of providing for Federal services
    and benefits, the service area shall be Iron, Millard, Sevier, and
    Washington Counties, Utah, except that should lands in any other
    county be added to the reservation pursuant to section 766(c) of
    this title, the service area shall also include the area on or near
    the additions to the reservation.
    (b) Restoration of rights and privileges
      Except as provided in subsection (c) of this section, all rights
    and privileges of the tribe and of members of the tribe under any
    Federal treaty, Executive order, agreement, or statute, or under
    any other authority, which were diminished or lost under the Act of
    September 1, 1954 (68 Stat. 1099) [25 U.S.C. 741 et seq.], are
    hereby restored, and such Act shall be inapplicable to the tribe
    and to members of the tribe after April 3, 1980.
    (c) Hunting, fishing, or trapping rights not restored
      This subchapter shall not grant or restore any hunting, fishing,
    or trapping right of any nature, including any indirect or
    procedural right or advantage, to the tribe or any member of the
    tribe.
    (d) Effect on property rights or obligations, contractual rights or
      obligations, or obligations for taxes
      Except as specifically provided in this subchapter, nothing in
    this subchapter shall alter any property right or obligation, any
    contractual right or obligations, or any obligation for taxes
    already levied.

-SOURCE-
    (Pub. L. 96-227, Sec. 3, Apr. 3, 1980, 94 Stat. 317; Pub. L. 109-
    126, Sec. 4, Dec. 7, 2005, 119 Stat. 2547.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, referred to in subsec. (a), popularly known
    as the Indian Reorganization Act, is classified generally to
    subchapter V (Sec. 461 et seq.) of this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of this title and Tables.
      Act of September 1, 1954, referred to in subsec. (b), is act
    Sept. 1, 1954, ch. 1207, 68 Stat. 1099, which is classified
    generally to subchapter XXXII (Sec. 741 et seq.) of this chapter.
    For complete classification of this Act to the Code, see Tables.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a). Pub. L. 109-126 substituted "Cedar" for
    "Cedar City".

-End-



-CITE-
    25 USC Sec. 763                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXII-A - PAIUTE INDIANS OF UTAH: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 763. Membership roll

-STATUTE-
    (a) Opening; establishment of accuracy
      The final membership roll is declared open. The Secretary, the
    Interim Council, and tribal officials under the tribal constitution
    and bylaws shall take such measures as will insure the continuing
    accuracy of the membership roll.
    (b) Prerequisites for inclusion
      (1) Until after the initial election of tribal officers under the
    tribal constitution and bylaws, a person shall be a member of the
    tribe and his name shall be placed on the membership roll if he is
    living and if - 
        (A) his name is listed on the final membership roll;
        (B) he was entitled on September 1, 1954, to be on the final
      membership roll but his name was not listed on that roll;
        (C) he is a descendant of a person specified in subparagraph
      (A) or (B) and possesses at least one-fourth degree of blood of
      members of the tribe or their Paiute Indian ancestors;
        (D) his name is listed on the roll established pursuant to the
      Act of October 17, 1968 (82 Stat. 1147), for the disposition of
      judgment funds, as a member of the Cedar Band of Paiute Indians;
        (E) he was entitled on October 17, 1968, to be on the judgment
      distribution roll as a member of the Cedar Band as specified in
      subparagraph (D) but his name was not listed on that roll; or
        (F) he is a descendant of a person specified in subparagraph
      (D) or (E) and possesses at least one-fourth degree of blood of
      members of the tribe or their Paiute Indian ancestors.

      (2) After the initial election of tribal officials under the
    tribal constitution and bylaws, the provisions of the tribal
    constitution and bylaws shall govern membership in the tribe.
    (c) Verification of descendancy, age, and blood; procedures
      applicable
      (1) Before election of the Interim Council, verification of
    descendancy, age, and blood shall be made upon oath before the
    Secretary and his determination thereon shall be final.
      (2) After election of the Interim Council and before the initial
    election of the tribal officials, verification of descendancy, age,
    and blood shall be made upon oath before the Interim Council, or
    its authorized representative. A member of the tribe, with respect
    to the inclusion of any name, and any person, with respect to the
    exclusion of his name, may appeal to the Secretary, who shall make
    a final determination of each such appeal within ninety days after
    an appeal has been filed with him. The determination of the
    Secretary with respect to an appeal under this paragraph shall be
    final.
      (3) After the initial election of tribal officials, the
    provisions of the tribal constitution and bylaws shall govern the
    verification of any requirements for membership in the tribe, and
    the Secretary and the Interim Council shall deliver their records
    and files, and other material relating to enrollment matters, to
    the tribal governing body.
    (d) Participation in elections and voting rights
      For purposes of section 764 and 765 of this title, a member who
    is eighteen years of age or older is entitled and eligible to be
    given notice of, attend, participate in, and vote at, general
    council meetings and to nominate candidates for, to run for any
    office in, and to vote in, elections of members to the Interim
    Council and to other tribal councils.

-SOURCE-
    (Pub. L. 96-227, Sec. 4, Apr. 3, 1980, 94 Stat. 318; Pub. L. 109-
    126, Sec. 4, Dec. 7, 2005, 119 Stat. 2547.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of October 17, 1968, referred to in subsec. (b)(1)(D), is
    Pub. L. 90-584, Oct. 17, 1968, 82 Stat. 1147, which is not
    classified to the Code.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (b)(1)(D), (E). Pub. L. 109-126 substituted
    "Cedar" for "Cedar City".

-End-



-CITE-
    25 USC Sec. 764                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXII-A - PAIUTE INDIANS OF UTAH: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 764. Interim Council

-STATUTE-
    (a) Nomination and election of members; notice; meetings; ballot
      requirements; approval by Secretary
      Within forty-five days after April 3, 1980, the Secretary shall
    announce the date of a general council meeting of the tribe to
    nominate candidates for election to the Interim Council. Such
    general council meeting shall be held within sixty days after April
    3, 1980. Within forty-five days after such general council meeting
    the Secretary shall hold an election by secret ballot, absentee
    balloting to be permitted, to elect six members of the tribe to the
    Interim Council from among the nominees submitted to him from such
    general council meeting. The Secretary shall assure that notice of
    the time, place, and purpose of such meeting and election shall be
    provided to members described in section 763(d) of this title at
    least fifteen days before such general meeting and election. The
    ballot shall provide for write-in votes. The Secretary shall
    approve the Interim Council elected pursuant to this section if he
    is satisfied that the requirements of this section relating to the
    nominating and election process have been met. If he is not so
    satisfied, he shall hold another election under this section, with
    the general council meeting to nominate candidates for election to
    the Interim Council to be held within sixty days after such
    election.
    (b) Powers and authorities
      The Interim Council shall represent the tribe and its members in
    the implementation of this subchapter and shall be the acting
    tribal governing body until tribal officials are elected pursuant
    to section 765(c) of this title and shall have no powers other than
    those given to it in accordance with this subchapter. The Interim
    Council shall have full authority and capacity to receive grants
    from and to make contracts with the Secretary and the Secretary of
    Health and Human Services with respect to Federal services and
    benefits for the tribe and its members: Provided, That no authority
    to enter into contracts or to make payments under this subchapter
    shall be effective except to such extent or in such amounts as are
    provided in advance in appropriation Acts. The Interim Council
    shall have the authority to bind the tribal governing body as the
    successor in interest to the Interim Council for a period extending
    not more than six months after the date on which the tribal
    governing body takes office. Except as provided in the preceding
    sentence, the Interim Council shall have no power or authority
    after the time when the duly-elected tribal governing body takes
    office.
    (c) Vacancies; notice; meeting; election
      Within thirty days after receiving notice of a vacancy on the
    Interim Council, the Interim Council shall hold a general council
    meeting for the purpose of electing a person to fill such vacancy.
    The Interim Council shall provide notice of the time, place, and
    purpose of such meeting and election to members described in
    section 763(d) of this title at least ten days before such general
    meeting and election. The person nominated to fill such vacancy at
    the general council meeting who received the highest number of
    votes in the election shall fill such vacancy.

-SOURCE-
    (Pub. L. 96-227, Sec. 5, Apr. 3, 1980, 94 Stat. 319; Pub. L. 96-88,
    title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in subsec. (b),
    pursuant to section 509(b) of Pub. L. 96-88 which is classified to
    section 3508(b) of Title 20, Education.

-End-



-CITE-
    25 USC Sec. 765                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXII-A - PAIUTE INDIANS OF UTAH: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 765. Tribal constitution and bylaws

-STATUTE-
    (a) Election; time and preconditions
      Upon the written request of the Interim Council, the Secretary
    shall conduct an election by secret ballot, pursuant to the
    provisions of section 476 of this title, for the purpose of
    adopting a constitution and bylaws for the tribe. The election
    shall be held within sixty days after the Secretary has - 
        (1) reviewed and updated the final membership roll for
      accuracy, in accordance with sections 763(a), 763(b)(1), and
      763(c)(1) of this title,
        (2) made a final determination of all appeals filed under
      section 763(c)(2) of this title, and
        (3) published in the Federal Register a certified copy of the
      membership roll of the tribe.
    (b) Pre-election duties and functions of Interim Council
      The Interim Council shall draft and distribute to each member
    described in section 763(d) of this title, no later than thirty
    days before the election under subsection (a) of this section, a
    copy of the proposed constitution and bylaws of the tribe, as
    drafted by the Interim Council, along with a brief and impartial
    description of the proposed constitution and bylaws. The members of
    the Interim Council may freely consult with members of the tribe
    concerning the text and description of the constitution and bylaws,
    except that such consultation may not be carried on within fifty
    feet of the polling places on the date of the election.
    (c) Majority vote for adoption
      In any election held pursuant to subsection (a) of this section,
    a vote of a majority of those actually voting shall be necessary
    and sufficient for the adoption of a tribal constitution and
    bylaws.
    (d) Election of tribal officials pursuant to constitution and
      bylaws; ballot requirements
      Not later than one hundred and twenty days after the tribe adopts
    a constitution and bylaws, the Interim Council shall conduct an
    election by secret ballot for the purpose of electing the
    individuals who will serve as tribal officials as provided in the
    tribal constitution and bylaws. For the purpose of this election
    and notwithstanding any provision in the tribal constitution and
    bylaws to the contrary, absentee balloting shall be permitted.

-SOURCE-
    (Pub. L. 96-227, Sec. 6, Apr. 3, 1980, 94 Stat. 319.)

-End-



-CITE-
    25 USC Sec. 766                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXII-A - PAIUTE INDIANS OF UTAH: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 766. Tribal reservation

-STATUTE-
    (a) Transfer of real property to Secretary; existing rights
      applicable and status of property subsequent to transfer;
      taxation
      The Secretary, within one year following April 3, 1980, shall
    accept the real property of members of the tribe or bands if
    conveyed or otherwise transferred to him, and real property held
    for the benefit of members of the tribe or bands if conveyed or
    otherwise transferred to him by the owner or owners of such land
    held for the benefit of the bands. Such property shall be subject
    to all valid existing rights including, but not limited to, liens,
    outstanding taxes (local and State), and mortgages. The land
    transferred to the Secretary pursuant to this subsection shall be
    subject to foreclosure or sale pursuant to the terms of any valid
    existing obligation in accordance with the laws of the State of
    Utah. Subject to the conditions imposed by this subsection, the
    land transferred shall be taken in the name of the United States in
    trust for the tribe or bands to be held as Indian lands are held,
    and shall be part of their reservation. The transfer of real
    property authorized by this section shall be exempt from all local,
    State, and Federal taxation. All real property transferred under
    this section shall, as of the date of transfer, be exempt from all
    local, State, and Federal taxation.
    (b) Exercise of civil and criminal jurisdiction by Utah
      The State of Utah shall exercise civil and criminal jurisdiction
    with respect to the reservation and persons on the reservation as
    if it had assumed jurisdiction pursuant to the Act of August 15,
    1953 (67 Stat. 588), as amended by the Act of April 11, 1968 (82
    Stat. 79), and pursuant to sections 63-36-9 through 63-36-21 of the
    Utah State Code.
    (c) Plan for enlargement of reservation; negotiation; development;
      scope and approval
      Inasmuch as the Kanosh, Koosharem and Indian Peaks Bands of
    Paiute Indians lost land which had been their former reservations
    and the Cedar Band of Paiute Indians had never had a reservation,
    the Secretary shall negotiate with the tribe or bands, or with
    representatives of the tribe chosen by the tribe or bands,
    concerning the enlargement of the reservation for the tribe
    established pursuant to subsection (a) of this section and shall
    within two years after April 3, 1980, develop a plan for the
    enlargement of the reservation for the tribe. The plan shall
    include acquisition of not to exceed a total of fifteen thousand
    acres of land to be selected from available public, State, or
    private lands within Beaver, Iron, Millard, Sevier, or Washington
    Counties, Utah. Upon approval of such plan by the tribal officials
    elected under the tribal constitution and bylaws adopted pursuant
    to section 765 of this title, the Secretary shall submit such plan,
    in the form of proposed legislation, to the Congress.
    (d) Notification and consultative requirements for enlargement plan
      To assure that legitimate State and local interests are not
    prejudiced by the enlargement of the reservation for the tribe, the
    Secretary, in developing the plan under subsection (c) of this
    section for the enlargement of the reservation for the tribe, shall
    notify and consult with all appropriate officials of the State of
    Utah, all appropriate local government officials in the affected
    five county area in the State of Utah and any other interested
    parties. Such consultation shall include the following subjects:
        (1) the size and location of the additions to the reservation;
        (2) the effect the enlargement of the reservation would have on
      State and local tax revenues;
        (3) the criminal and civil jurisdiction of the State of Utah
      with respect to the reservation and persons on the reservation;
        (4) hunting, fishing, and trapping rights of the tribe, and
      members of the tribe, on the reservation;
        (5) the provision of State and local services to the
      reservation and to the tribe and members of the tribe on the
      reservation; and
        (6) the provision of Federal services to the reservation and to
      the tribe and members of the tribe and the provision of services
      by the tribe to members of the tribe.
    (e) Contents of enlargement plan
      Any plan developed under this section for the enlargement of the
    reservation for the tribe shall provide that - 
        (1) the enlargement of the reservation will not grant or
      restore to the tribe or any member of the tribe any hunting,
      fishing, or trapping right of any nature, including any indirect
      or procedural right or advantage, on such addition to the
      reservation;
        (2) the Secretary shall not accept any real property in trust
      for the benefit of the tribe or bands unless such real property
      is located either within Beaver, Iron, Millard, Sevier, or
      Washington Counties, State of Utah;
        (3) the transfer of any real property to the Secretary in trust
      for the benefit of the tribe or bands as an addition to the
      reservation shall be exempt from all Federal, State, and local
      taxation, and all such real property shall, as of the date of
      such transfer, be exempt from Federal, State, and local taxation;
      and
        (4) the State of Utah shall exercise civil and criminal
      jurisdiction with respect to the addition to the reservation and
      persons on such lands as if it had assumed jurisdiction pursuant
      to the Act of August 15, 1953 (67 Stat. 588), as amended by the
      Act of April 11, 1968 (82 Stat. 79), and pursuant to sections 63-
      36-9 through 63-36-21 of the Utah State Code.
    (f) Statement appended to enlargement plan respecting
      implementation of notification and consultative requirements
      The Secretary shall append to the plan a detailed statement
    describing the manner in which the notification and consultation
    prescribed by subsection (d) of this section was carried out and
    shall include any written comments with respect to the enlargement
    of the reservation for the tribe submitted to the Secretary by
    State and local officials and other interested parties in the
    course of such consultation.

-SOURCE-
    (Pub. L. 96-227, Sec. 7, Apr. 3, 1980, 94 Stat. 320; Pub. L. 109-
    126, Sec. 4, Dec. 7, 2005, 119 Stat. 2547.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of August 15, 1953 (67 Stat. 588), as amended by the Act of
    April 11, 1968 (82 Stat. 79), referred to in subsecs. (b) and
    (e)(4), probably means section 7 of act Aug. 15, 1953, ch. 505, 67
    Stat. 590, which was set out as a note under section 1360 of Title
    28, Judiciary and Judicial Procedure, and was repealed by Pub. L.
    90-284, title IV, Sec. 403(b), Apr. 11, 1968, 82 Stat. 79. For
    complete classification of this Act to the Code, see Tables.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (c). Pub. L. 109-126 substituted "Cedar" for
    "Cedar City".

     CONVEYANCE OF LAND HELD IN TRUST FOR PAIUTE INDIAN TRIBE OF UTAH 
      Pub. L. 109-126, Dec. 7, 2005, 119 Stat. 2546, provided that:

      "SECTION 1. LAND CONVEYANCE TO CITY.
      "(a) Authorization for Conveyance. - Not later than 90 days after
    the Secretary receives a request from the Tribe and the City to
    convey all right, title, and interest of the United States and the
    Tribe in and to the Property to the City, the Secretary shall take
    the Property out of trust status and convey the Property to the
    City.
      "(b) Terms and Conditions. - The conveyance under subsection (a)
    shall be subject to the following conditions:
        "(1) Tribal resolution. - Prior to conveying the Property under
      subsection (a), the Secretary shall ensure that the terms of the
      sale have been approved by a tribal resolution of the Tribe.
        "(2) Consideration. - Consideration given by the City for the
      Property shall be not less than the appraised fair market value
      of the Property.
        "(3) No federal cost. - The City shall pay all costs related to
      the conveyance authorized under this section.
      "(c) Proceeds of Sale. - The proceeds from the conveyance of the
    Property under this section shall be given immediately to the
    Tribe.
      "(d) Failure to Make Conveyance. - If after the Secretary takes
    the Property out of trust status pursuant to subsection (a) the
    City or the Tribe elect not to carry out the conveyance under that
    subsection, the Secretary shall take the Property back into trust
    for the benefit of the Tribe.

      "SEC. 2. TRIBAL RESERVATION.
      "Land acquired by the United States in trust for the Tribe after
    February 17, 1984, shall be part of the Tribe's reservation.

      "SEC. 3. TRUST LAND FOR SHIVWITS OR KANOSH BANDS.
      "If requested to do so by a tribal resolution of the Tribe, the
    Secretary shall take land held in trust by the United States for
    the benefit of the Tribe out of such trust status and take that
    land into trust for the Shivwits or Kanosh Bands of the Paiute
    Indian Tribe of Utah, as so requested by the Tribe.

      "SEC. 4. CEDAR BAND OF PAIUTES TECHNICAL CORRECTION.
      "The Paiute Indian Tribe of Utah Restoration Act (25 U.S.C. 761
    [et seq.]) is amended by striking 'Cedar City' each place it
    appears and inserting 'Cedar'. Any reference in a law, map,
    regulation, document, paper, or other record of the United States
    to the 'Cedar City Band of Paiute Indians' shall be deemed to be a
    reference to the 'Cedar Band of Paiute Indians'.

      "SEC. 5. DEFINITIONS.
      "For the purposes of this Act:
        "(1) City. - The term 'City' means the City of Richfield, Utah.
        "(2) Property. - The term 'Property' means the parcel of land
      held by the United States in trust for the Paiute Indian Tribe of
      Utah located in Section 2, Township 24 South, Range 3 West, Salt
      Lake Base and Meridian, Sevier County, Utah and more particularly
      described as follows: Beginning at a point on the East line of
      the Highway which is West 0.50 chains, more or less, and South
      8&#186;<!-- degrees --> 21&#186;<!-- degrees --> West, 491.6 feet
      from the Northeast Corner of the Southwest Quarter of Section 2,
      Township 24 South, Range 3 West, Salt Lake Base and Meridian, and
      running thence South 81&#186;<!-- degrees --> 39&#186;<!--
      degrees --> East, perpendicular to the highway, 528.0 feet;
      thence South 26&#186;<!-- degrees --> 31&#186;<!-- degrees -->
      West, 354.6 feet; thence North 63&#186;<!-- degrees -->
      29&#186;<!-- degrees --> West, 439.3 feet to said highway; thence
      North 8&#186;<!-- degrees --> 21&#186;<!-- degrees --> East,
      along Easterly line of said highway 200.0 feet to the point of
      beginning, containing 3.0 acres more or less.
        "(3) Secretary. - The term 'Secretary' means the Secretary of
      the Interior.
        "(4) Tribe. - The term 'Tribe' means the Paiute Indian Tribe of
      Utah."

                RESERVATION OF PAIUTE INDIAN TRIBE OF UTAH            
      Pub. L. 98-219, Feb. 17, 1984, 98 Stat. 11, as amended by Pub. L.
    109-126, Sec. 4, Dec. 7, 2005, 119 Stat. 2547, provided that:
      "Section 1. (a) Subject to subsection (d), all right, title, and
    interest of the United States in the lands described in subsection
    (b) (including all improvements thereon and appurtenances thereto)
    are declared to be held in trust by the United States for the
    benefit of the respective bands of the Paiute Indian Tribe of Utah,
    as provided in subsection (b), and are declared to be part of the
    reservation of the Paiute Indian Tribe of Utah.
      "(b) The lands subject to this section are parcels 1 through 5 of
    the lands depicted on the maps contained in the draft document
    entitled 'Proposed Paiute Indian Tribe of Utah Reservation Plan',
    dated January 24, 1982, and published by the United States
    Department of the Interior, Bureau of Indian Affairs. Upon
    enactment of this Act [Feb. 17, 1984], the Secretary shall publish
    in the Federal Register the legal description of the lands so
    depicted. The Secretary is authorized to correct any technical
    errors in the descriptions of the subject lands. Such lands shall
    be held as follows:
        "(1) To be held in trust for the Kanosh Band of the Paiute
      Tribe of Utah: Parcel numbered 2, figure 5, page 95, containing
      approximately five hundred and sixty acres; parcel numbered 3,
      figure 6, page 99, containing approximately five hundred and two
      acres.
        "(2) To be held in trust for the Koosharem Band of the Paiute
      Tribe of Utah: Parcel numbered 4, figure 7, page 105, containing
      approximately five hundred and twenty acres; parcel numbered 5,
      figure 8, page 111, containing approximately seven hundred and
      fifteen acres.
        "(3) To be held in trust for the Cedar Band of the Paiute Tribe
      of Utah: That portion of parcel numbered 1, figure 4, page 85,
      containing approximately two thousand forty-four acres.
        "(4) To be held in trust for the Indian Peaks Band of the
      Paiute Indian Tribe of Utah: That portion of parcel numbered 1,
      figure 4, page 85, containing approximately four hundred and
      twenty-four acres.
      "(c) Nothing in this section shall deprive any person of any
    existing legal right-of-way, mining claim, grazing permit, water
    right, or other right or interest which such person may have in the
    lands described in subsection (b).
      "(d) Pursuant to the Act of June 14, 1934 (48 Stat. 985)
    [probably means section 5 of act June 18, 1934, 25 U.S.C. 465], the
    Secretary shall acquire, to the extent available, easements to and
    water rights for the lands described in subsection (b) as necessary
    for their use.
      "(e) The Secretary shall consult with the town council of Joseph,
    Utah, and other appropriate local governmental entities prior to
    permitting the introduction of any point source of contamination
    pursuant to any proposed development on parcel numbered 4 as
    described in subsection (b)(2). The Secretary shall require a
    minimum of one thousand five hundred feet distance be maintained
    from the town well of the town of Joseph and any such point source
    of contamination and may, if he determines it is necessary to
    prevent contamination of said well, require the installation of an
    appropriate waste water disposal system as part of any proposed
    development on parcel 4.
      "(f) Upon the effective date of this Act [Feb. 17, 1984], all
    valid leases, permits, rights-of-way, or other land use rights or
    authorizations, except mining claims, existing on the date of
    enactment of this Act [Feb. 17, 1984] in the lands described in
    subsection (b), including the right to receive compensation for use
    of the lands, shall cease to be the responsibility of, or enure to
    the benefit of, the United States, and shall become the
    responsibility of the Paiute Indian Tribe which shall succeed to
    the interests of the United States and shall continue to maintain
    them under the same terms and conditions as they were maintained by
    the United States.
      "(g) All improvements on the lands described in subsection (b) in
    existence on the effective date of the Act [Feb. 17, 1984], under
    the authority of the land use rights or authorizations described in
    subsection (c), shall remain in the same status as to ownership and
    right of use as existed prior to the date of enactment of this Act
    [Feb. 17, 1984].
      "(h) Nothing in this Act shall be construed as terminating any
    valid mining claim existing on the date of enactment of this Act
    [Feb. 17, 1984] on the lands described in subsection (b).
      "(i) The mining claims described in subsection (c) shall carry
    all the rights incident to mining claims, including the rights of
    ingress and egress over the land described in subsection (b). Such
    mining claims shall carry the right to occupy and use so much of
    the surface of the land within their boundaries as is required for
    all purposes reasonably necessary to mine and remove the minerals,
    including the removal of timber for mining purposes. Such mining
    claims shall terminate when they are determined invalid under
    subsection (j) or are abandoned.
      "(j) As soon as possible after enactment of this Act, the
    Secretary of the Interior shall determine the validity of the
    mining claims described in subsection (h) as of the date of
    enactment of this Act [Feb. 17, 1984]. Those mining claims which
    the Secretary determines to be valid shall be maintained thereafter
    in compliance with the mining laws of the United States but the
    holders of such claims shall not be entitled to a patent.
      "(k) Nothing in this Act shall prevent the Paiute Indian Tribe
    from negotiating the accommodation of land use rights or
    authorizations described in this section through any method
    acceptable to the parties.
      "Sec. 2. The lands which are declared to be held in trust for the
    benefit of the tribe or bands under this Act shall be subject to
    the laws of the United States relating to Indian land to the same
    extent and in the same manner as the lands comprising the
    reservation of the tribe or bands on the day before the date of the
    enactment of this Act [Feb. 17, 1984].
      "Sec. 3. (a) The Secretary of Agriculture shall not deny the
    tribe or any member of the tribe the right to use and occupy, on a
    nonexclusive basis, the national forest land described in
    subsection (b) for religious and ceremonial purposes for such
    periods of time and under such reasonable terms and conditions as
    the Secretary may prescribe: Provided, That the Secretary shall
    permit the tribe to use and occupy, on an exclusive basis, so much
    of the national forest land in subsection (b) abutting Fish Lake as
    is necessary for such religious and ceremonial purposes during and
    including the second and third weeks of June and the first and
    second weeks of September of each year, under such reasonable terms
    and conditions as the Secretary may prescribe.
      "(b) The land referred to in subsection (a) is the parcel of land
    depicted on the map contained in the document entitled 'Proposed
    Paiute Indian Tribe of Utah Reservation Plan', dated January 24,
    1982, and published by the United States Department of the
    Interior, Bureau of Indian Affairs, as follows: Parcel numbered 6:
    Fish Lake; figure 9, page 117.
      "Sec. 4. (a) There is hereby established in the Treasury of the
    United States a fund to be known as the Paiute Indian Tribe of Utah
    Economic Development and Tribal Government Fund. This Fund shall be
    held in trust for the benefit of the tribe and administered in
    accordance with this Act.
      "(b)(1) One-half of the principal of the Fund shall be designated
    as the Economic Development Fund and the remaining one-half as the
    Tribal Government Fund. Each portion of the Fund shall be
    administered by the Secretary in accordance with reasonable terms
    established by the tribe and agreed to by the Secretary. The
    Secretary shall not agree to terms which provide for the investment
    of the Fund in a manner not in accordance with section 1 of the Act
    of June 24, 1938 (52 Stat. 1037) [25 U.S.C. 162a], unless the tribe
    first submits a specific waiver of liability on the part of the
    United States for any loss which may result from such an
    investment. Until such terms have been agreed upon, the Secretary
    shall fix the terms for the administration of any portion of the
    Fund as to which there is no agreement.
      "(2) Under no circumstances shall any part of the principal of
    the Fund be distributed to the tribe, or to any member of the
    tribe, nor shall income accruing to the Fund be used for per capita
    payments to any member of the tribe.
      "(3) The Secretary shall make available to the tribe in quarterly
    payments, without any deductions, any income received from the
    investment of each fund. The use of the income from the Tribal
    Government Fund shall be free of regulation by the Secretary. The
    use of the income from the Economic Development Fund shall be
    consistent with an economic development plan developed by the tribe
    and approved by the Secretary. The Secretary shall approve such
    plan within sixty days of its submission if he finds that it is
    reasonably related to the economic development of the tribe. If the
    Secretary does not approve such plan, he shall, at the time of his
    decision, set forth in writing the reasons for his disapproval.
    With the approval of the Secretary, the tribe may alter the
    economic development plan subject to the conditions set forth in
    this section.
      "(c) There is authorized to be appropriated in fiscal year 1985
    the sum of $2,500,000, which shall be deposited in the Fund. Not
    more than 5 per centum of any amount appropriated to the Fund under
    this section may be obligated or spent by the tribe under any
    contract or agreement relating to the employment of legal counsel.
      "(d) The transfer of the approximately four thousand seven
    hundred and seventy acres of land and the appropriation of the
    $2,500,000 authorized by this Act shall be in complete fulfillment
    of the provisions of Public Law 96-227 [this subchapter] relating
    to the enlargement of the tribe's reservation.
      "Sec. 5. For purposes of this Act - 
        "(1) the term 'tribe' means the Cedar, Shivwits, Kanosh,
      Koosharem, and Indian Peaks Bands of Paiute Indians of Utah; and
        "(2) except where otherwise specified, the term 'Secretary'
      means the Secretary of the Interior."

-End-



-CITE-
    25 USC Sec. 767                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXII-A - PAIUTE INDIANS OF UTAH: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 767. Legal claims barred for lands lost through tax or other
      sales since September 1, 1954

-STATUTE-
      Any legal claims for lands owned by the Shivwits, Kanosh,
    Koosharem, or Indian Peaks Bands of Paiute Indians of Utah and lost
    through tax sales or any other sales to individuals, corporations,
    or the State of Utah since September 1, 1954, are hereby barred.

-SOURCE-
    (Pub. L. 96-227, Sec. 8, Apr. 3, 1980, 94 Stat. 322.)

-End-



-CITE-
    25 USC Sec. 768                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXII-A - PAIUTE INDIANS OF UTAH: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 768. Rules and regulations

-STATUTE-
      The Secretary may make such rules and regulations as are
    necessary to carry out the purposes of this subchapter.

-SOURCE-
    (Pub. L. 96-227, Sec. 9, Apr. 3, 1980, 94 Stat. 322.)

-End-


-CITE-
    25 USC SUBCHAPTER XXXIII - INDIAN TRIBES OF OREGON          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIII - INDIAN TRIBES OF OREGON

-HEAD-
                SUBCHAPTER XXXIII - INDIAN TRIBES OF OREGON            

-End-



-CITE-
    25 USC Sec. 771                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIII - INDIAN TRIBES OF OREGON

-HEAD-
    Sec. 771. Enrollment of descendants; determination of eligibility

-STATUTE-
      The Secretary of the Interior, hereafter referred to as the
    "Secretary", is authorized and directed to prepare separate rolls
    of the Indians of the blood of the Molel or Molallalas Tribe of
    Oregon and of the Confederated Bands of the Umpqua Tribe of Indians
    and the Calappoias residing in the Umpqua Valley, and of the
    Tillamook, Coquille, Tootootoney, and Chetco Tribes of Oregon,
    living on August 30, 1954. Applications for enrollment shall be
    filed within one year of August 30, 1954. The determination of the
    Secretary of the eligibility of an applicant for enrollment shall
    be final and conclusive. No person shall be entitled to be enrolled
    on more than one roll.

-SOURCE-
    (Aug. 30, 1954, ch. 1085, Sec. 1, 68 Stat. 979.)

-End-



-CITE-
    25 USC Sec. 772                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIII - INDIAN TRIBES OF OREGON

-HEAD-
    Sec. 772. Per capita payments to tribal members; tax exemption

-STATUTE-
      The Secretary is authorized and directed to withdraw the funds on
    deposit in the Treasury of the United States to the credit of the
    respective tribes or bands, including those funds appropriated by
    Public Law 253 (Eighty-second Congress) approved November 1, 1951,
    in satisfaction of judgments obtained by the tribes or bands in the
    cases of Alcea Band of Tillamook, et al., against United States
    (119 C. Cls. 835), and Rogue River Tribes of Indians, et al.,
    against United States (116 C. Cls. 454), and to make appropriate
    and equitable per capita payments therefrom to each person whose
    name appears on said approved rolls: Provided, That any amounts
    paid to or for individual members, or distributed to or for the
    legatees or next of kin of any enrollee, as provided in this
    subchapter, shall not be subject to Federal tax.

-SOURCE-
    (Aug. 30, 1954, ch. 1085, Sec. 2, 68 Stat. 979.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 253 (Eighty-second Congress), referred to in text, is
    act Nov. 1, 1951, ch. 664, 65 Stat. 736, known as the Supplemental
    Appropriations Act, 1952, which was not classified to the Code.

-End-



-CITE-
    25 USC Sec. 773                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIII - INDIAN TRIBES OF OREGON

-HEAD-
    Sec. 773. Payments

-STATUTE-
    (a) Enrollees, next of kin, or legatees
      The Secretary shall make payments directly to a living enrollee.
    The Secretary shall distribute the share of a person determined to
    be eligible for enrollment, but who dies subsequent to August 30,
    1954, and on whose behalf an application is filed and approved, and
    the share of a deceased enrollee, directly to his next of kin or
    legatees as determined by the laws of the domicile of the decedent,
    upon proof of death and inheritance satisfactory to the Secretary,
    whose findings upon such proof shall be final and conclusive.
    (b) Minors and persons under legal disability; guardians
      Payments due persons under twenty-one years of age or persons
    under legal disability shall be made in accordance with laws
    applicable to such persons in the State of domicile of the payee.
    The Secretary may apply to any court of competent jurisdiction for
    the appointment of a guardian to receive and administer payments
    due a person under twenty-one years of age or under legal
    disability, and may take such other action as he deems appropriate
    for the protection of the interests of any such person in
    connection with payments hereunder.
    (c) Payments not subject to debts; time limits
      No part of any payment hereunder shall be subject to any debt or
    debts created prior to August 30, 1954 by a beneficiary of Indian
    blood. Payment to living enrollees, unless under twenty-one years
    of age, or under legal disability, shall be completed within one
    year after approval of the tribal rolls. Payment to next of kin and
    legatees, and payment for the account of persons under twenty-one
    years of age or under legal disability shall be completed within
    the same period of time to the maximum extent possible.

-SOURCE-
    (Aug. 30, 1954, ch. 1085, Sec. 3, 68 Stat. 979.)

-End-



-CITE-
    25 USC Sec. 774                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIII - INDIAN TRIBES OF OREGON

-HEAD-
    Sec. 774. Costs

-STATUTE-
      All costs incurred by the Secretary in the preparation of such
    rolls and the payment of such per capita shares shall be paid by
    appropriate withdrawals out of the fund or funds on deposit in the
    Treasury of the United States arising out of such judgments.

-SOURCE-
    (Aug. 30, 1954, ch. 1085, Sec. 4, 68 Stat. 980.)

-End-



-CITE-
    25 USC Sec. 775                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIII - INDIAN TRIBES OF OREGON

-HEAD-
    Sec. 775. Rules and regulations

-STATUTE-
      The Secretary is authorized to prescribe the necessary rules and
    regulations to carry out the purposes of this subchapter.

-SOURCE-
    (Aug. 30, 1954, ch. 1085, Sec. 5, 68 Stat. 980.)

-End-


-CITE-
    25 USC SUBCHAPTER XXXIV - CREEK NATION OF INDIANS           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIV - CREEK NATION OF INDIANS

-HEAD-
                SUBCHAPTER XXXIV - CREEK NATION OF INDIANS            

-End-



-CITE-
    25 USC Sec. 781                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIV - CREEK NATION OF INDIANS

-HEAD-
    Sec. 781. Distribution of funds

-STATUTE-
    (a) Allotment equalization payments
      The Secretary of the Interior is authorized and directed to use
    any funds on deposit in the Treasury of the United States to the
    credit of the Creek Nation to complete allotment equalization
    payments to persons with claims thereto that were filed and
    adjudicated in accordance with the provisions of section 18 in the
    Act of June 30, 1919 (41 Stat. 3, 24.)
    (b) Per capita payments to enrollees, heirs, or legatees
      The Secretary of the Interior is authorized to distribute per
    capita to the members of the Creek Nation whose names appear on the
    final rolls approved under the Act of April 26, 1906 (34 Stat.
    137), or to their heirs or legatees, any funds heretofore or
    hereafter deposited in the Treasury of the United States to the
    credit of the Creek Nation that are not used for the purposes of
    subsection (a) of this section and that are not needed, in the
    judgment of the Secretary, for other tribal purposes except the
    proceeds of any final judgment entered in Docket No. 21, pending
    before the Indian Claims Commission, in which the Creek Nation
    (Oklahoma) is plaintiff, and McGhee et al., on behalf of the Creek
    Nation East of the Mississippi are intervenors, and the United
    States is defendant.
    (c) Judgment payments
      The Secretary of the Interior is authorized and directed to
    distribute among the persons entitled thereto the funds
    appropriated by chapter XII of the Third Supplemental Appropriation
    Act, 1952 (66 Stat. 101, 121), in payment of the judgment entered
    by the Indian Claims Commission in favor of the Loyal Creek Band or
    Group of Creek Indians et al., Docket No. 1. Such funds shall be
    paid to those persons whose names appear on the payroll prepared
    pursuant to the Act of March 3, 1903 (32 Stat. 982, 994), by J.
    Blair Schoenfelt, United States Indian Agent, or to their heirs or
    legatees, on a pro rata basis in proportion to the amounts
    appearing opposite their names on such payroll.

-SOURCE-
    (Aug. 1, 1955, ch. 444, Sec. 2, 69 Stat. 431.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 18 of the Act of June 30, 1919, referred to in subsec.
    (a), is act June 30, 1919, ch. 4, Sec. 18, 41 Stat. 21, which is
    set out as a note under section 375 of this title.
      Act of April 26, 1906, referred to in subsec. (b), is act Apr.
    26, 1906, ch. 1876, 34 Stat. 137, which is set out as a note under
    section 355 of this title.
      The Indian Claims Commission, referred to in subsecs. (b) and
    (c), terminated Sept. 30, 1978. See Codification note set out under
    former section 70 et seq. of this title.
      Act of March 3, 1903, referred to in subsec. (c), is act Mar. 3,
    1903, ch. 994, 32 Stat. 982, 994, which was not classified to the
    Code.
      Chapter XII of the Third Supplemental Appropriation Act, 1952,
    referred to in subsec. (c), is chapter XII of act June 5, 1952, ch.
    369, 66 Stat. 101, which was not classified to this Code.

-End-



-CITE-
    25 USC Sec. 782                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIV - CREEK NATION OF INDIANS

-HEAD-
    Sec. 782. Payment to heirs or legatees

-STATUTE-
    (a) Laws governing
      If a person entitled to a payment authorized by sections 781 to
    785 of this title is deceased, such payment shall be made to his
    heirs or legatees determined in accordance with the laws, relating
    to the distribution of personal property, of the Creek Nation if
    the decedent died before January 1, 1898, or of the State of
    Arkansas in effect at the time of death if the decedent died before
    November 16, 1907, or of the State of Oklahoma in effect at the
    time of death if the decedent died on or after November 16, 1907.
    For the purposes of this section the decedent shall be regarded as
    an owner in possession of the payment at the time of his death.
    (b) Proof of death and heirship or bequest
      Before a payment authorized by sections 781 to 785 of this title
    is made to an heir or legatee of a deceased person, proof of death
    and heirship or bequest satisfactory to the Secretary of the
    Interior shall be submitted to him, and his findings with respect
    thereto shall be final and conclusive. Where satisfactory proof of
    death and heirship or bequest is already available to the
    Secretary, no additional submission shall be required.

-SOURCE-
    (Aug. 1, 1955, ch. 444, Sec. 3, 69 Stat. 432.)

-End-



-CITE-
    25 USC Sec. 783                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIV - CREEK NATION OF INDIANS

-HEAD-
    Sec. 783. Payments to minors or persons under legal disability;
      liens, exception; tax exemption

-STATUTE-
      Funds payable under sections 781 to 785 of this title to minors
    or to persons under legal disability shall be paid to such
    representatives and under such conditions as the Secretary of the
    Interior may direct. The distribution of funds under said sections
    shall not be subject to any lien, except for debts owed to the
    United States or to Indian organizations indebted to the United
    States, and shall not be taxable.

-SOURCE-
    (Aug. 1, 1955, ch. 444, Sec. 4, 69 Stat. 432.)

-End-



-CITE-
    25 USC Sec. 784                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIV - CREEK NATION OF INDIANS

-HEAD-
    Sec. 784. Appropriations

-STATUTE-
      There is authorized to be appropriated out of any money in the
    Treasury not otherwise appropriated the sum of $325,000 to remain
    available until expended, for necessary expenses incident to the
    distribution of funds authorized by sections 781 to 785 of this
    title.

-SOURCE-
    (Aug. 1, 1955, ch. 444, Sec. 5, 69 Stat. 432; Pub. L. 86-229, Sept.
    8, 1959, 73 Stat. 456.)


-MISC1-
                                AMENDMENTS                            
      1959 - Pub. L. 86-229 increased appropriation authorization from
    $200,000 to $325,000.

-End-



-CITE-
    25 USC Sec. 785                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIV - CREEK NATION OF INDIANS

-HEAD-
    Sec. 785. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to issue rules and
    regulations necessary for the purposes of sections 781 to 785 of
    this title.

-SOURCE-
    (Aug. 1, 1955, ch. 444, Sec. 6, 69 Stat. 432.)

-End-



-CITE-
    25 USC Sec. 786                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIV - CREEK NATION OF INDIANS

-HEAD-
    Sec. 786. Credit of unclaimed and unpaid share of funds

-STATUTE-
      The unclaimed and unpaid share of the funds, and the accrued
    interest thereon, appropriated by chapter XII of the Third
    Supplemental Appropriation Act, 1952 (66 Stat. 101, 121), in
    payment of the judgment entered by the Indian Claims Commission in
    favor of the Loyal Creek Band or Group of Indians et al., docket
    numbered 1, and which were authorized to be distributed by section
    781(c) of this title, shall be deposited in the Treasury of the
    United States to the credit of the Creek Nation of Indians of
    Oklahoma.

-SOURCE-
    (Pub. L. 90-76, Sec. 1, Aug. 29, 1967, 81 Stat. 177.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Chapter XII of the Third Supplemental Appropriation Act, 1952,
    referred to in text, is chapter XII of Act June 5, 1952, ch. 369,
    66 Stat. 101, which was not classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 787                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIV - CREEK NATION OF INDIANS

-HEAD-
    Sec. 787. Advances or expenditures from tribal funds

-STATUTE-
      Funds that are deposited to the Creek Nation pursuant to sections
    786 to 788 of this title, including interest and income therefrom,
    may be advanced or expended for any purpose that is authorized by
    the principal chief of the Creek Nation and the Secretary of the
    Interior.

-SOURCE-
    (Pub. L. 90-76, Sec. 2, Aug. 29, 1967, 81 Stat. 177.)

-End-



-CITE-
    25 USC Sec. 788                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIV - CREEK NATION OF INDIANS

-HEAD-
    Sec. 788. Federal trust upon escheat of estates of members dying
      intestate without heirs

-STATUTE-
      When, upon the final determination of a court having jurisdiction
    or by decision of the Secretary of the Interior after a period of
    five years from the death of the decedent, it is determined that a
    member of the Creek Nation or tribe of Oklahoma or a person of
    Creek Indian blood has died intestate without heirs, owning trust
    or restricted Indian lands or an interest therein in Oklahoma, such
    lands or interests owned, together with all rents and profits
    occurring therefrom, shall escheat to the Creek Nation of Indians
    of Oklahoma and be held thereafter in trust for said Indians by the
    United States.

-SOURCE-
    (Pub. L. 90-76, Sec. 3, Aug. 29, 1967, 81 Stat. 177.)

-End-



-CITE-
    25 USC Sec. 788a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIV - CREEK NATION OF INDIANS

-HEAD-
    Sec. 788a. Disposition of judgment funds; preparation of Indian
      roll; eligibility

-STATUTE-
      The Secretary of the Interior shall prepare a roll of all persons
    who meet the following requirements: (a) they were born on or prior
    to and were living on September 21, 1968; (b) their names or the
    names of lineal ancestors appear on any of the documents identified
    herein or on any available census rolls or other records acceptable
    to the Secretary, which identify the person as a Creek Indian,
    including ancient documents or records of the United States located
    in the National Archives, State or county records in the archives
    of the several States or counties therein or in the courthouses
    thereof, and other records that would be admissible as evidence in
    an action to determine Indian lineage:
        (1) The Final Rolls of Creeks by Blood which were closed as of
      March 4, 1907;
        (2) Claims of Friendly Creeks paid under the Act of March 3,
      1817 (H.R. Doc. 200, 20:1, 1828);
        (3) Census of the Creek Nation, 1833, made pursuant to article
      2 of the treaty concluded March 24, 1832 (Senate Doc. 512, 1835,
      Emigration Correspondence, 1831-1833, pages 239-395);
        (4) Land Location Registers of Creek Indian Lands, made
      pursuant to the Treaty of March 24, 1832;
        (5) Any emigration or muster rolls of Creek Indians;
        (6) Any lists of self-emigrant Creek claimants (including those
      contained in Senate Ex. Doc. 198, 50:1, 1888, and H.R. Ex. Doc.
      238, 51:2, 1891).

    Applications for enrollment must be filed with the Area Director of
    the Bureau of Indian Affairs, Muskogee, Oklahoma, in the manner and
    within the time limits prescribed for that purpose. The
    determination of the Secretary regarding the eligibility of an
    applicant shall be final.

-SOURCE-
    (Pub. L. 90-504, Sec. 1, Sept. 21, 1968, 82 Stat. 855.)

-End-



-CITE-
    25 USC Sec. 788b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIV - CREEK NATION OF INDIANS

-HEAD-
    Sec. 788b. Distribution of funds; tax exemption; equal shares

-STATUTE-
      After the deduction of attorney fees, litigation expenses, the
    costs of distribution, and the cost of preparing the roll pursuant
    to section 788a of this title, the funds, including interest,
    remaining to the credit of the Creek Nation as constituted August
    9, 1814, which were appropriated by the Act of April 30, 1965, to
    pay a judgment obtained in Indian Claims Commission docket numbered
    21, shall be distributed on a per capita basis to all persons whose
    names appear on the roll. The funds so distributed shall not be
    subject to Federal or State income taxes.

-SOURCE-
    (Pub. L. 90-504, Sec. 2, Sept. 21, 1968, 82 Stat. 855.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of April 30, 1965, referred to in text, is act Apr. 30, 1965,
    Pub. L. 89-16, 79 Stat. 81, known as the Second Supplemental
    Appropriations Act, 1965. That portion of the act which
    appropriated the funds referred to was not classified to the Code.


-MISC1-
      DISTRIBUTION OF CERTAIN UNDISTRIBUTED JUDGMENT FUNDS AWARDED TO
                               CREEK NATION
      Pub. L. 98-390, Aug. 21, 1984, 98 Stat. 1356, provided: "That,
    notwithstanding Public Law 90-506 [25 U.S.C. 788e et seq.] and any
    other provision of law, any funds appropriated by Public Law 89-697
    [Oct. 27, 1966, 80 Stat. 1057] in satisfaction of a judgment
    awarded the Muscogee (Creek) Nation of Oklahoma in docket numbered
    276 of the Indian Claims Commission which have not been distributed
    on the date of enactment of this Act [Aug. 21, 1984] (including all
    interest and investment income accrued thereon) shall be
    distributed by the Secretary of the Interior to the Muscogee
    (Creek) Nation of Oklahoma as needed to make expenditures for any
    plan or program authorized by ordinance of such Nation.
      "Sec. 2. (a) Notwithstanding Public Law 90-504 [25 U.S.C. 788a et
    seq.] and any other provision of law, any funds appropriated by
    Public Law 89-16 [Apr. 30, 1965, 79 Stat. 81] in satisfaction of a
    judgment awarded the Creek Nation of Indians in docket numbered 21
    of the Indian Claims Commission which have not been distributed on
    the date of enactment of this Act [Aug. 21, 1984] (including all
    interest and investment income accrued thereon) shall be used and
    distributed in accordance with the provisions of this section.
      "(b)(1) The Secretary of the Interior (hereinafter in this
    section referred to as the 'Secretary') shall allocate - 
        "(A) 81.6196 per centum of the funds described in subsection
      (a) to the Muscogee (Creek) Nation of Oklahoma, and
        "(B) 18.3804 per centum of the funds described in subsection
      (a) to the Eastern Creeks.
      "(2) The funds allocated to the Muscogee (Creek) Nation of
    Oklahoma under paragraph (1) shall be distributed to such Nation by
    the Secretary as needed to make expenditures for any plan or
    program authorized by ordinance of such Nation.
      "(3)(A) The funds allocated to the Eastern Creeks under paragraph
    (1) shall be held in trust and invested by the Secretary for the
    benefit of the Eastern Creeks.
      "Sec. 3. (a) If one or more of the Eastern Creek entities that
    have filed a petition for Federal acknowledgement are acknowledged
    to be an Indian tribe on or before December 30, 1984, such tribe or
    tribes shall be deemed to be a successor entity to the original
    Eastern Creek group for purposes of distribution of the residual
    funds in docket numbered 21, and the funds held in trust for the
    benefit of the Eastern Creeks under section 2 of this Act
    (including all interest and income accrued thereon) shall be
    distributed to such tribe or tribes by the Secretary as needed to
    make any expenditures for any plan or program authorized by
    ordinance or resolution of such tribe or tribes.
      "(b) If more than one tribal entity is recognized by the
    Secretary, such funds shall be prorated between the tribes on the
    basis of their respective base membership rolls on the date of
    acknowledgement.
      "(c) If none of the Eastern Creeks which have filed a petition
    for acknowledgement are recognized as an Indian tribe by the
    Secretary prior to December 30, 1984, the funds held in trust for
    the Eastern Creeks under this Act (including all interest and
    income accrued thereon) shall be distributed by the Secretary in
    the form of per capita payments in addition to any amount
    appropriated in satisfaction of a judgment awarded the Eastern
    Creeks in docket numbered 275 of the Indian Claims Commission.
      "Sec. 4. If Federal recognition as an Indian tribe is extended to
    any Eastern Creek entity prior to distribution of the funds awarded
    in docket numbered 272 and 275, such tribe or tribes shall be
    entitled to amend the existing distribution plans for these awards
    by filing with the Secretary an alternative distribution plan for
    its proportionate share of funds in these dockets."

-End-



-CITE-
    25 USC Sec. 788c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIV - CREEK NATION OF INDIANS

-HEAD-
    Sec. 788c. Heirs of deceased enrollees

-STATUTE-
      The Secretary shall distribute a share payable to a living
    enrollee directly to such enrollee or in such manner as is deemed
    by the Secretary to be in the enrollee's best interest, and he
    shall distribute the per capita share of a deceased enrollee to his
    heirs or legatees upon proof of death and inheritance satisfactory
    to the Secretary, whose findings upon such proof shall be final and
    conclusive. Sums payable to enrollees or their heirs or legatees
    who are less than twenty-one years of age or who are under legal
    disability shall be paid to the persons who the Secretary
    determines will best protect their interests.

-SOURCE-
    (Pub. L. 90-504, Sec. 3, Sept. 21, 1968, 82 Stat. 855.)

-End-



-CITE-
    25 USC Sec. 788d                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIV - CREEK NATION OF INDIANS

-HEAD-
    Sec. 788d. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to prescribe rules
    and regulations to carry out the provisions of sections 788a to
    788d of this title, including establishing an appropriate deadline
    for filing applications.

-SOURCE-
    (Pub. L. 90-504, Sec. 4, Sept. 21, 1968, 82 Stat. 855.)

-End-



-CITE-
    25 USC Sec. 788e                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIV - CREEK NATION OF INDIANS

-HEAD-
    Sec. 788e. Disposition of judgment funds

-STATUTE-
    (a) Preparation of Indian roll; eligibility
      The Secretary of the Interior shall prepare a roll of the Creek
    Indians who meet the following requirements: (1) they were born on
    or prior to and living on September 21, 1968, and (2) their names
    or the names of lineal ancestors through whom eligibility is
    claimed appear on either the 1857 or 1859 payment roll prepared
    pursuant to Article VI of the Treaty of August 7, 1856 (11 Stat.
    699), or on the Final Roll of Creeks by Blood closed as of March 4,
    1907, pursuant to statute.
    (b) Applications for enrollment
      Applications for enrollment shall be filed with the Area
    Director, Bureau of Indian Affairs, Muskogee, Oklahoma, in the
    manner, within the time limit, and on the form prescribed for that
    purpose. The determination of the Secretary of the eligibility for
    enrollment of an applicant shall be final.

-SOURCE-
    (Pub. L. 90-506, Sec. 1, Sept. 21, 1968, 82 Stat. 859.)

-End-



-CITE-
    25 USC Sec. 788f                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIV - CREEK NATION OF INDIANS

-HEAD-
    Sec. 788f. Distribution of funds; tax exemption; equal shares

-STATUTE-
      All costs incident to carrying out the provisions of sections
    788e to 788h of this title shall be paid by appropriate withdrawals
    from the judgment funds referred to in this section. After
    deducting attorney fees and all other costs, the remainder of the
    funds, including interest, to the credit of the Creek Nation
    appropriated by the Act of October 27, 1966 (80 Stat. 1057), shall
    be distributed in equal shares to those persons whose names appear
    on the roll prepared in accordance with section 788e of this title.
    The funds so distributed shall not be subject to Federal or State
    income taxes.

-SOURCE-
    (Pub. L. 90-506, Sec. 2, Sept. 21, 1968, 82 Stat. 859.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of October 27, 1966, referred to in text, is act Oct. 27,
    1966, Pub. L. 89-697, 80 Stat. 1057. That portion of the act which
    appropriated the funds referred to was not classified to the Code.

-End-



-CITE-
    25 USC Sec. 788g                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIV - CREEK NATION OF INDIANS

-HEAD-
    Sec. 788g. Heirs of deceased enrollees

-STATUTE-
      The Secretary shall distribute a share payable to a living
    enrollee directly to such enrollee or in such manner as is deemed
    by the Secretary to be in the enrollee's best interest and the per
    capita share of a deceased enrollee shall be paid to his heirs or
    legatees upon proof of death and inheritance satisfactory to the
    Secretary, whose findings upon such proof shall be final and
    conclusive. Sums payable to enrollees or their heirs or legatees
    who are less than twenty-one years of age or who are under legal
    disability shall be paid to the persons whom the Secretary of the
    Interior determines will best protect their interests.

-SOURCE-
    (Pub. L. 90-506, Sec. 3, Sept. 21, 1968, 82 Stat. 859.)

-End-



-CITE-
    25 USC Sec. 788h                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIV - CREEK NATION OF INDIANS

-HEAD-
    Sec. 788h. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to prescribe rules
    and regulations to carry out the provisions of sections 788e to
    788h of this title, including an appropriate deadline for filing
    applications for enrollment.

-SOURCE-
    (Pub. L. 90-506, Sec. 4, Sept. 21, 1968, 82 Stat. 859.)

-End-


-CITE-
    25 USC SUBCHAPTER XXXV - WYANDOTTE TRIBE OF OKLAHOMA:
           TERMINATION OF FEDERAL SUPERVISION              01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXV - WYANDOTTE TRIBE OF OKLAHOMA: TERMINATION OF
           FEDERAL SUPERVISION                           

-HEAD-
       SUBCHAPTER XXXV - WYANDOTTE TRIBE OF OKLAHOMA: TERMINATION OF
                            FEDERAL SUPERVISION

-End-



-CITE-
    25 USC Secs. 791 to 807                                     01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXV - WYANDOTTE TRIBE OF OKLAHOMA: TERMINATION OF
           FEDERAL SUPERVISION                           

-HEAD-
    Secs. 791 to 807. Repealed.

-MISC1-
    Secs. 791 to 807. Repealed. Pub. L. 95-281, Sec. 1(b)(1), May 15,
      1978, 92 Stat. 246.
      Section 791, act Aug. 1, 1956, ch. 843, Sec. 1, 70 Stat. 893, set
    out purpose of sections 791 to 807 of this title as termination of
    Federal supervision and services for tribe.
      Section 792, act Aug. 1, 1956, ch. 843, Sec. 2, 70 Stat. 893,
    defined "tribe", "Secretary", "lands", and "tribal property".
      Section 793, act Aug. 1, 1956, ch. 843, Sec. 3, 70 Stat. 893,
    related to preparation and publication of membership roll.
      Section 794, act Aug. 1, 1956, ch. 843, Sec. 4, 70 Stat. 893,
    restricted personal property rights upon publication of final
    membership roll.
      Section 795, act Aug. 1, 1956, ch. 843, Sec. 5, 70 Stat. 893,
    related to procedures for transfer of tribal property.
      Section 796, act Aug. 1, 1956, ch. 843, Sec. 6, 70 Stat. 894,
    related to transfers of individual property to members of tribe.
      Section 797, act Aug. 1, 1956, ch. 843, Sec. 7, 70 Stat. 894,
    provided for applicability of probate laws to property of deceased
    members.
      Section 798, act Aug. 1, 1956, ch. 843, Sec. 8, 70 Stat. 895,
    related to applicability of Federal or State tax laws to property
    distributions.
      Section 799, act Aug. 1, 1956, ch. 843, Sec. 9, 70 Stat. 895,
    provided for protection by Secretary of minors, etc., prior to
    transfers or removal of restrictions on property.
      Section 800, act Aug. 1, 1956, ch. 843, Sec. 10, 70 Stat. 895,
    provided for availability of tribal funds for advances or
    expenditures.
      Section 801, act Aug. 1, 1956, ch. 843, Sec. 11, 70 Stat. 895,
    authorized Secretary to execute patents, deeds, etc., as necessary
    for implementation of provisions for termination of supervision.
      Section 802, act Aug. 1, 1956, ch. 843, Sec. 12, 70 Stat. 895,
    provided for nonabrogation by termination of supervision of any
    valid lease, permit, license. etc.
      Section 803, act Aug. 1, 1956, ch. 843, Sec. 13, 70 Stat. 896,
    related to procedures for termination of Federal trust over tribal
    and individual property.
      Section 804, act Aug. 1, 1956, ch. 843, Sec. 14, 70 Stat. 896,
    provided for revocation of tribal corporate charter and termination
    of Federal powers over tribe.
      Section 805, act Aug. 1, 1956, ch. 843, Sec. 15, 70 Stat. 896,
    provided for termination of supervision as not affecting prior
    claims filed by tribe against United States.
      Section 806, act Aug. 1, 1956, ch. 843, Sec. 16, 70 Stat. 896,
    provided for nonabrogation by termination of supervision of tribal
    or individual water rights.
      Section 807, act Aug. 1, 1956, ch. 843, Sec. 17, 70 Stat. 896,
    authorized Secretary to issue rules and regulations and hold
    referendums for implementation of provisions relating to
    termination of supervision.

                        REPEAL OF INCONSISTENT LAWS                    
      Section 18 of act Aug. 1, 1956, which related to repeal of
    inconsistent Acts, etc., was repealed by Pub. L. 95-281, Sec.
    1(b)(1), May 15, 1978, 92 Stat. 246.

                               SEPARABILITY                           
      Section 19 of act Aug. 1, 1956, which provided for validity of
    remainder of act of Aug. 1, 1956, in event of determination of
    invalidity of any part of such act, was repealed by Pub. L. 95-281,
    Sec. 1(b)(1), May 15, 1978, 92 Stat. 246.

-End-


-CITE-
    25 USC SUBCHAPTER XXXVI - PEORIA TRIBE OF OKLAHOMA:
           TERMINATION OF FEDERAL SUPERVISION              01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXVI - PEORIA TRIBE OF OKLAHOMA: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    SUBCHAPTER XXXVI - PEORIA TRIBE OF OKLAHOMA: TERMINATION OF FEDERAL
                                SUPERVISION

-End-



-CITE-
    25 USC Secs. 821 to 826                                     01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXVI - PEORIA TRIBE OF OKLAHOMA: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Secs. 821 to 826. Repealed Pub. L. 95-281, Sec. 1(b)(2), May 15,
      1978, 92 Stat. 246

-MISC1-
      Section 821, act Aug. 2, 1956, ch. 881, Sec. 1, 70 Stat. 937, set
    out purpose of sections 821 to 826 of this title as termination of
    Federal supervision and services for tribe.
      Section 822, act Aug. 2, 1956, ch. 881, Sec. 2, 70 Stat. 937,
    related to removal of restrictions on sales or encumbrances and
    nature of title passed.
      Section 823, act Aug. 2, 1956, ch. 881, Sec. 3, 70 Stat. 937,
    related to termination of Federal trust and services.
      Section 824, act Aug. 2, 1956, ch. 881, Sec. 4, 70 Stat. 937,
    provided for revocation of tribal corporate charter and termination
    of Federal powers over tribe.
      Section 825, act Aug. 2, 1956, ch. 881, Sec. 5, 70 Stat. 938,
    provided for termination of supervision as not affecting prior
    claims filed by tribe against United States.
      Section 826, act Aug. 2, 1956, ch. 881, Sec. 6, 70 Stat. 938,
    related to preparation and publication of membership roll.

-End-


-CITE-
    25 USC SUBCHAPTER XXXVII - OTTAWA TRIBE OF OKLAHOMA:
           TERMINATION OF FEDERAL SUPERVISION              01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXVII - OTTAWA TRIBE OF OKLAHOMA: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
       SUBCHAPTER XXXVII - OTTAWA TRIBE OF OKLAHOMA: TERMINATION OF
                            FEDERAL SUPERVISION

-End-



-CITE-
    25 USC Secs. 841 to 853                                     01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXVII - OTTAWA TRIBE OF OKLAHOMA: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Secs. 841 to 853. Repealed.

-MISC1-
    Secs. 841 to 853. Repealed. Pub. L. 95-281, Sec. 1(b)(3), May 15,
      1978, 92 Stat. 246.
      Section 841, act Aug. 3, 1956, ch. 909, Sec. 1, 70 Stat. 963, set
    out purpose of sections 841 to 853 of this title as termination of
    Federal supervision and services for tribe.
      Section 842, act Aug. 3, 1956, ch. 909, Sec. 2, 70 Stat. 963,
    related to transfers of individual property to members of tribe.
      Section 843, act Aug. 3, 1956, ch. 909, Sec. 3, 70 Stat. 963,
    provided for applicability of probate laws to property of deceased
    members.
      Section 844, act Aug. 3, 1956, ch. 909, Sec. 4, 70 Stat. 964,
    provided for protection by Secretary of minors, etc., prior to
    transfers or removal of restrictions on property.
      Section 845, act Aug. 3, 1956, ch. 909, Sec. 5, 70 Stat. 964,
    provided for availability of tribal funds for advances or
    expenditures.
      Section 846, act Aug. 3, 1956, ch. 909, Sec. 6, 70 Stat. 964,
    authorized Secretary to execute patents, deeds, etc., as necessary
    for implementation of provisions for termination of supervision.
      Section 847, act Aug. 3, 1956, ch. 909, Sec. 7, 70 Stat. 964,
    provided for nonabrogation by termination of supervision of any
    valid lease, permit, license, etc.
      Section 848, act Aug. 3, 1956, ch. 909, Sec. 8, 70 Stat. 964,
    related to procedures for termination of Federal trust and services
    for tribe and individual members.
      Section 849, act Aug. 3, 1956, ch. 909, Sec. 9, 70 Stat. 965,
    provided for revocation of tribal corporate charter and termination
    of Federal powers over tribe.
      Section 850, act Aug. 3, 1956, ch. 909, Sec. 10, 70 Stat. 965,
    provided for termination of supervision as not affecting prior
    claims filed by tribe against United States.
      Section 851, act Aug. 3, 1956, ch. 909, Sec. 11, 70 Stat. 965,
    provided for nonabrogation by termination of supervision of tribal
    or individual water rights.
      Section 852, act Aug. 3, 1956, ch. 909, Sec. 12, 70 Stat. 965,
    authorized Secretary to issue rules and regulations and hold
    referendums for implementation of provisions relating to
    termination of supervision.
      Section 853, act Aug. 3, 1956, ch. 909, Sec. 15, 70 Stat. 965,
    related to preparation and publication of membership roll.

                        REPEAL OF INCONSISTENT LAWS                    
      Section 13 of act Aug. 3, 1956, which related to repeal of
    inconsistent Acts, etc., was repealed by Pub. L. 95-281, Sec.
    1(b)(3), May 15, 1978, 92 Stat. 246.

                               SEPARABILITY                           
      Section 14 of act Aug. 3, 1956, which provided for validity of
    remainder of act of Aug. 3, 1956, in event of determination of
    invalidity of any part of such act, was repealed by Pub. L. 95-281,
    Sec. 1(b)(3), May 15, 1978, 92 Stat. 246.

-End-


-CITE-
    25 USC SUBCHAPTER XXXVII-A - WYANDOTTE, PEORIA, OTTAWA,
           AND MODOC TRIBES OF OKLAHOMA: RESTORATION OF
           FEDERAL SUPERVISION                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXVII-A - WYANDOTTE, PEORIA, OTTAWA, AND MODOC TRIBES
           OF OKLAHOMA: RESTORATION OF FEDERAL SUPERVISION

-HEAD-
     SUBCHAPTER XXXVII-A - WYANDOTTE, PEORIA, OTTAWA, AND MODOC TRIBES
              OF OKLAHOMA: RESTORATION OF FEDERAL SUPERVISION

-End-



-CITE-
    25 USC Sec. 861                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXVII-A - WYANDOTTE, PEORIA, OTTAWA, AND MODOC TRIBES
           OF OKLAHOMA: RESTORATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 861. Federal recognition of Wyandotte, Ottawa, and Peoria
      Tribes

-STATUTE-
    (a) Extension or confirmation
      Federal recognition is hereby extended or confirmed with respect
    to the Wyandotte Indian Tribe of Oklahoma, the Ottawa Indian Tribe
    of Oklahoma, and the Peoria Indian Tribe of Oklahoma, the
    provisions of the Acts repealed by subsection (b) of this section
    notwithstanding.
    (b) Repeal of provisions terminating Federal supervision
      The following Acts are hereby repealed:
        (1) the Act of August 1, 1956 (70 Stat. 893; 25 U.S.C. 791-
      807), relating to the Wyandotte Tribe;
        (2) the Act of August 2, 1956 (70 Stat. 937; 25 U.S.C. 821-
      826), relating to the Peoria Tribe; and
        (3) the Act of August 3, 1956 (70 Stat. 963; 25 U.S.C. 841-
      853), relating to the Ottawa Tribe.
    (c) Tribal rights and privileges; reinstatement and continuation
      There are hereby reinstated all rights and privileges of each of
    the tribes described in subsection (a) of this section and their
    members under Federal treaty, statute, or otherwise which may have
    been diminished or lost pursuant to the Act relating to them which
    is repealed by subsection (b) of this section. Nothing contained in
    this subchapter shall diminish any rights or privileges enjoyed by
    each of such tribes or their members now or prior to enactment of
    such Act, under Federal treaty, statute, or otherwise, which are
    not inconsistent with the provisions of this subchapter.
    (d) Continuation of property or contractual rights or obligations
      and tax obligations
      Except as specifically provided in this subchapter, nothing
    contained in this subchapter shall alter any property rights or
    obligations, any contractual rights or obligations, including
    existing fishing rights, or any obligation for taxes already
    levied.

-SOURCE-
    (Pub. L. 95-281, Sec. 1, May 15, 1978, 92 Stat. 246.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of August 1, 1956, referred to in subsec. (b)(1), is act Aug.
    1, 1956, ch. 843, 70 Stat. 893, which was classified generally to
    subchapter XXXV (Sec. 791 et seq.) of this chapter prior to its
    repeal by subsec. (b)(1) of this section. For complete
    classification of this Act to the Code, see Tables.
      Act of August 2, 1956, referred to in subsec. (b)(2), is act Aug.
    2, 1956, ch. 881, 70 Stat. 937, which was classified generally to
    subchapter XXXVI (Sec. 821 et seq.) of this chapter prior to its
    repeal by subsec. (b)(2) of this section. For complete
    classification of this Act to the Code, see Tables.
      Act of August 3, 1956, referred to in subsec. (b)(3), is act Aug.
    3, 1956, ch. 909, 70 Stat. 963, which was classified to subchapter
    XXXVII (Sec. 841 et seq.) of this chapter prior to its repeal by
    subsec. (b)(3) of this section. For complete classification of this
    Act to the Code, see Tables.
      This subchapter, referred to in subsecs. (c) and (d), was in the
    original "this Act", meaning Pub. L. 95-281, May 15, 1978, 92 Stat.
    246, which enacted this subchapter and repealed subchapter XXXV
    (Sec. 791 et seq.), subchapter XXXVI (Sec. 821 et seq.), and
    subchapter XXXVII (Sec. 841 et seq.) of this chapter. For complete
    classification of this Act to the Code, see Tables.

-End-



-CITE-
    25 USC Sec. 861a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXVII-A - WYANDOTTE, PEORIA, OTTAWA, AND MODOC TRIBES
           OF OKLAHOMA: RESTORATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 861a. Organization of tribes

-STATUTE-
    (a) Modoc Tribe; extension of Federal recognition and assistance;
      applicability of provisions relating to Klamath Tribe; membership
      requirements
      (1) The Modoc Indian Tribe of Oklahoma is hereby recognized as a
    tribe of Indians residing in Oklahoma and the provisions of the Act
    of June 26, 1936, as amended (49 Stat. 1967; 25 U.S.C. 501-509),
    are hereby extended to such tribe and its members. The Secretary of
    the Interior shall promptly offer the said Modoc Tribe assistance
    to aid them in organizing under section 3 of said Act of June 26,
    1936 (25 U.S.C. 503).
      (2) The provisions of the Act of August 13, 1954 (68 Stat. 718;
    25 U.S.C. 564-564w), hereafter shall not apply to the Modoc Tribe
    of Oklahoma or its members except for any right to share in the
    proceeds of any claim against the United States as provided in
    sections 6(c) and 21 of said Act, as amended [25 U.S.C. 564e(c),
    564t].
      (3) The Modoc Indian Tribe of Oklahoma shall consist of those
    Modoc Indians who are direct lineal descendants of those Modocs
    removed to Indian territory (now Oklahoma) in November 1873, and
    who did not return to Klamath, Oregon, pursuant to the Act of March
    9, 1909 (35 Stat. 751), as determined by the Secretary of the
    Interior, and the descendants of such Indians who otherwise meet
    the membership requirements adopted by the tribe.
    (b) Ottawa and Peoria Tribes; extension of Federal assistance
      The Secretary of the Interior shall promptly offer the Ottawa
    Tribe of Oklahoma and the Peoria Tribe of Oklahoma assistance to
    aid them in reorganizing under section 3 of the Act of June 26,
    1936 (49 Stat. 1967; 25 U.S.C. 503), which Act [25 U.S.C. 501 et
    seq.] is re-extended to them and their members by this subchapter.
    (c) Wyandotte Tribe; confirmation of validity of organization and
      continuation
      The validity of the organization of the Wyandotte Indian Tribe of
    Oklahoma under section 3 of the Act of June 26, 1936 (49 Stat.
    1967; 25 U.S.C. 503), and the continued application of said Act [25
    U.S.C. 501 et seq.] to such tribe and its members is hereby
    confirmed.

-SOURCE-
    (Pub. L. 95-281, Sec. 2, May 15, 1978, 92 Stat. 246.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 26, 1936, referred to in subsecs. (a)(1), (b), and
    (c), popularly known as the Oklahoma Welfare Act, is classified
    generally to subchapter VIII (Sec. 501 et seq.) of this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 501 of this title and Tables.
      Act of August 13, 1954, referred to in subsec. (a)(2), is act
    Aug. 13, 1954, ch. 732, 68 Stat. 718, as amended, which is
    classified generally to subchapter XIII (Sec. 564 et seq.) of this
    chapter. For complete classification of this Act to the Code, see
    Tables.
      Act of March 9, 1909, referred to in subsec. (a)(3), probably
    means the act of Mar. 3, 1909, ch. 253, 35 Stat. 751, which was not
    classified to the Code.
      This subchapter, referred to in subsec. (b), was in the original
    "this Act", meaning Pub. L. 95-281, May 15, 1978, 92 Stat. 246,
    which enacted this subchapter and repealed subchapter XXXV (Sec.
    791 et seq.), subchapter XXXVI (Sec. 821 et seq.), and subchapter
    XXXVII (Sec. 841 et seq.) of this chapter. For complete
    classification of this Act to the Code, see Tables.

-End-



-CITE-
    25 USC Sec. 861b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXVII-A - WYANDOTTE, PEORIA, OTTAWA, AND MODOC TRIBES
           OF OKLAHOMA: RESTORATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 861b. Restoration of supervision as fulfilling other Federal
      statutory requirements

-STATUTE-
    (a) Wyandotte, Peoria, and Ottawa Tribes; right or interest in
      tribal land
      It is hereby declared that enactment of this subchapter fulfills
    the requirements of the first proviso in section 2 of the Act of
    January 2, 1975 (88 Stat. 1920, 1921), with respect to the
    Wyandotte Tribe of Oklahoma, the Ottawa Tribe of Oklahoma, and the
    Peoria Tribe of Oklahoma.
    (b) Modoc Tribe; right or interest in tribal land
      It is hereby declared that the organization of the Modoc Tribe of
    Oklahoma as provided in subsection (a) of this section shall
    fulfill the requirements of the second proviso in section 2 of the
    Act of January 2, 1975 (88 Stat. 1920, 1921).
    (c) Modoc Tribe; publication of notice in Federal Register of
      organization for purposes of compliance
      Promptly after organization of the Modoc Tribe of Oklahoma, the
    Secretary of the Interior shall publish a notice of such fact in
    the Federal Register including a statement that such organization
    completes fulfillment of the requirements of the provisos in
    section 2 of the Act of January 2, 1975 (88 Stat. 1920, 1921), and
    that the land described in section 1 of said Act is held in trust
    by the United States for the eight tribes named in said Act.

-SOURCE-
    (Pub. L. 95-281, Sec. 3, May 15, 1978, 92 Stat. 247.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in subsec. (a), was in the original
    "this Act", meaning Pub. L. 95-281, May 15, 1978, 92 Stat. 246,
    which enacted this subchapter and repealed subchapter XXXV (Sec.
    791 et seq.), subchapter XXXVI (Sec. 821 et seq.), and subchapter
    XXXVII (Sec. 841 et seq.) of this chapter. For complete
    classification of this Act to the Code, see Tables.
      Act of January 2, 1975, referred to in text, is Pub. L. 93-588,
    Jan. 2, 1975, 88 Stat. 1920, and is not classified to this Code.
    The provisos in section 2 of such Act relate to right or interest
    in tribal land of the enumerated tribes.

-End-



-CITE-
    25 USC Sec. 861c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXVII-A - WYANDOTTE, PEORIA, OTTAWA, AND MODOC TRIBES
           OF OKLAHOMA: RESTORATION OF FEDERAL SUPERVISION

-HEAD-
    Sec. 861c. Programs and services by United States; participation in
      by tribes as result of return to status as Indians

-STATUTE-
      The Wyandotte, Ottawa, Peoria, and Modoc Tribes of Oklahoma and
    their members shall be entitled to participate in the programs and
    services provided by the United States to Indians because of their
    status as Indians, including, but not limited to, those under
    section 13 of this title, and for purposes of sections 2005 to
    2005f of title 42. The members of such tribes shall be deemed to be
    Indians for which hospital and medical care was being provided by
    or at the expense of the Public Health Service on August 16, 1957.

-SOURCE-
    (Pub. L. 95-281, Sec. 4, May 15, 1978, 92 Stat. 247.)

-End-


-CITE-
    25 USC SUBCHAPTER XXXVIII - OTOE AND MISSOURIA INDIANS      01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXVIII - OTOE AND MISSOURIA INDIANS

-HEAD-
              SUBCHAPTER XXXVIII - OTOE AND MISSOURIA INDIANS          

-End-



-CITE-
    25 USC Sec. 871                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXVIII - OTOE AND MISSOURIA INDIANS

-HEAD-
    Sec. 871. Membership roll; preparation; eligibility for enrollment;
      finality of determination

-STATUTE-
      The Secretary of the Interior is authorized and directed to
    prepare a roll of the Indians of the blood of the Otoe and
    Missouria Tribe whose names appear on the allotment rolls of the
    tribe approved December 7, 1899, June 1, 1906, and January 17,
    1907, and who are living on May 9, 1958, and the descendants of
    such allottees who are living on May 9, 1958, regardless of whether
    such allottees are living or deceased. Applications for enrollment
    shall be filed within six months after May 9, 1958. The
    determination of the Secretary regarding the eligibility of an
    applicant for enrollment shall be final and conclusive.

-SOURCE-
    (Pub. L. 85-395, Sec. 1, May 9, 1958, 72 Stat. 105.)

-End-



-CITE-
    25 USC Sec. 872                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXVIII - OTOE AND MISSOURIA INDIANS

-HEAD-
    Sec. 872. Per capita distribution to tribal members

-STATUTE-
      The Secretary is authorized and directed to withdraw the funds on
    deposit in the Treasury of the United States to the credit of the
    Otoe and Missouria Tribe appropriated by the Act of May 19, 1956
    (70 Stat. 161, 176), together with accrued interest, in
    satisfaction of the judgment obtained in the Indian Claims
    Commission against the United States in docket numbered 11, and to
    distribute such funds per capita to the persons whose names appear
    on the roll prepared pursuant to section 871 of this title.

-SOURCE-
    (Pub. L. 85-395, Sec. 2, May 9, 1958, 72 Stat. 105.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of May 19, 1956, referred to in text, is act May 19, 1956,
    ch. 313, 70 Stat. 161, 176, known as the Second Supplemental
    Appropriation Act, 1956. That portion of the act which appropriated
    the funds referred to was not classified to the Code.

-End-



-CITE-
    25 USC Sec. 873                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXVIII - OTOE AND MISSOURIA INDIANS

-HEAD-
    Sec. 873. Per capita payments

-STATUTE-
    (a) Enrollees, next of kin or legatees
      The Secretary shall make per capita payments directly to a living
    enrollee, except as provided in subsection (b) of this section. The
    Secretary shall distribute the share of a person determined to be
    eligible for enrollment but who dies subsequent to May 9, 1958, and
    on whose behalf the application is filed and approved, and the
    share of a deceased enrollee, directly to his next of kin or
    legatee as determined by the laws of the place of domicile of the
    decedent, upon proof of death and inheritance satisfactory to the
    Secretary, whose findings upon such proof shall be final and
    conclusive.
    (b) Minors and persons under legal disability
      Per capita payments due persons under twenty-one years of age or
    persons under legal disability shall be made in accordance with the
    laws of the place of domicile of such person, or in accordance with
    such procedures as the Secretary determines will adequately protect
    the best interests of such persons.
    (c) Payments not subject to debts; tax exemption
      No part of any per capita payment shall be subject to any debt or
    debts, other than to the United States, created prior to May 9,
    1958, by a person of Indian blood, and such per capita payments
    shall not be taxable.

-SOURCE-
    (Pub. L. 85-395, Sec. 3, May 9, 1958, 72 Stat. 106; Pub. L. 86-540,
    June 29, 1960, 74 Stat. 252.)


-MISC1-
                                AMENDMENTS                            
      1960 - Subsec. (b). Pub. L. 86-540 authorized per capita payments
    to be made in accordance with such procedures as the Secretary
    determines will adequately protect the best interests of the
    persons.

-End-



-CITE-
    25 USC Sec. 874                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXVIII - OTOE AND MISSOURIA INDIANS

-HEAD-
    Sec. 874. Costs

-STATUTE-
      All costs incurred by the Secretary in the preparation of such
    roll and in the payment of such per capita shares shall be paid
    from the judgment fund or the interest accruing thereon.

-SOURCE-
    (Pub. L. 85-395, Sec. 4, May 9, 1958, 72 Stat. 106.)

-End-



-CITE-
    25 USC Sec. 875                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXVIII - OTOE AND MISSOURIA INDIANS

-HEAD-
    Sec. 875. Rules and regulations

-STATUTE-
      The Secretary is authorized to prescribe rules and regulations to
    carry out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 85-395, Sec. 5, May 9, 1958, 72 Stat. 106.)

-End-



-CITE-
    25 USC Sec. 876                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXVIII - OTOE AND MISSOURIA INDIANS

-HEAD-
    Sec. 876. Advances or expenditures from tribal funds; tax exemption

-STATUTE-
      The unexpended balance of funds on deposit in the Treasury of the
    United States to the credit of the Otoe and Missouria Tribe of
    Indians that were appropriated by the Act of June 9, 1964, to pay a
    judgment by the Indian Claims Commission in docket numbered 11-A,
    and the interest thereon, less payment of attorney fees and
    expenses, may be advanced or expended for any purpose that is
    authorized by the tribal governing body and approved by the
    Secretary of the Interior. Any part of such funds that may be
    distributed to the members of the tribe shall not be subject to
    Federal or State income taxes. The sum of $150,000, and any accrued
    interest thereon, shall be held in the United States Treasury
    pending final determination of the Yankton Sioux claim in docket
    numbered 332-A. Any portion of such sum that is determined to
    belong to the Otoe and Missouria Tribe shall thereupon become
    subject to the foregoing provisions of this section.

-SOURCE-
    (Pub. L. 89-661, Oct. 14, 1966, 80 Stat. 911.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 9, 1964, referred to in text, is Pub. L. 88-317, June
    9, 1964, 78 Stat. 204, which was not classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of Pub. L. 85-395, May 9, 1958,
    72 Stat. 105, which comprises this subchapter.

-End-


-CITE-
    25 USC SUBCHAPTER XXXIX - INDIANS OF OKLAHOMA               01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIX - INDIANS OF OKLAHOMA

-HEAD-
                  SUBCHAPTER XXXIX - INDIANS OF OKLAHOMA              

-End-



-CITE-
    25 USC Sec. 881                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIX - INDIANS OF OKLAHOMA

-HEAD-
    Sec. 881. Potawatomi Indians; disposition of judgment fund;
      deductions; advances or expenditures for authorized purposes; tax
      exemption

-STATUTE-
      The funds on deposit in the Treasury of the United States to the
    credit of the Citizen Band of Potawatomi Indians of Oklahoma that
    were appropriated by the Act of July 22, 1969 (Public Law 91-47) to
    pay a judgment by the Indian Claims Commission in docket numbered
    96 dated August 27, 1968, and the interest thereon, including the
    interest accruing thereon, after payment of attorney fees and
    expenses, may be advanced or expended for any purpose that is
    authorized by the tribal governing body and approved by the
    Secretary of the Interior. Any part of such funds that may be
    distributed per capita to the members of the band shall not be
    subject to Federal or State income tax.

-SOURCE-
    (Pub. L. 91-401, Sec. 1, Sept. 16, 1970, 84 Stat. 838.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of July 22, 1969, referred to in text, is Pub. L. 91-47, July
    22, 1969, 83 Stat. 49, known as the Second Supplemental
    Appropriation Act, 1969. That portion of the act which appropriated
    the funds referred to was not classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 881a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIX - INDIANS OF OKLAHOMA

-HEAD-
    Sec. 881a. Trusts and other procedures for protection of minors and
      persons under legal disability

-STATUTE-
      Sums payable to enrollees or their heirs or legatees who are less
    than twenty-one years of age or who are under a legal disability
    shall be paid in accordance with such procedures, including the
    establishment of trusts, as the Secretary of the Interior
    determines appropriate to protect the best interests of such
    persons.

-SOURCE-
    (Pub. L. 91-401, Sec. 2, Sept. 16, 1970, 84 Stat. 838.)

-End-



-CITE-
    25 USC Sec. 882                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIX - INDIANS OF OKLAHOMA

-HEAD-
    Sec. 882. Sac and Fox Tribes; disposition of judgment fund;
      deductions; advances, expenditures, investments, or reinvestments
      for authorized purposes

-STATUTE-
      The funds appropriated by the Act of June 19, 1968 (82 Stat.
    239), to pay a judgment by the Indian Claims Commission in docket
    numbered 220, together with interest thereon, after payment of
    attorneys' fees and other litigation expenses, may be advanced,
    deposited, expended, invested, or reinvested for any purposes that
    are authorized by the tribal governing body and approved by the
    Secretary of the Interior.

-SOURCE-
    (Pub. L. 91-404, Sec. 1, Sept. 19, 1970, 84 Stat. 845.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 19, 1968, referred to in text, is Pub. L. 90-352,
    June 19, 1968, 82 Stat. 239, which was not classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 882a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIX - INDIANS OF OKLAHOMA

-HEAD-
    Sec. 882a. Tax exemption

-STATUTE-
      Any portion of such funds that may be distributed per capita to
    members of the tribe shall not be subject to Federal or State
    income tax.

-SOURCE-
    (Pub. L. 91-404, Sec. 2, Sept. 19, 1970, 84 Stat. 845.)

-End-



-CITE-
    25 USC Sec. 883                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIX - INDIANS OF OKLAHOMA

-HEAD-
    Sec. 883. Osage Tribe; disposition of judgment fund

-STATUTE-
    (a) Persons eligible for allotments; excepted sums
      The Secretary of the Interior is authorized and directed to
    distribute per capita to all persons whose names appear on the roll
    of the Osage Tribe of Indians approved by the Secretary of the
    Interior April 11, 1908, pursuant to the Act of June 28, 1906 (34
    Stat. 539), all funds which were appropriated by the Act of January
    8, 1971 (84 Stat. 1981), in satisfaction of a judgment that was
    obtained by the Osage Nation of Indians in the Indian Claims
    Commission against the United States in dockets numbered 105, 106,
    107, and 108, together with interest thereon, except the sum of
    $1,000,000 and any funds that revert to the Osage Tribe and except
    the amount allowed for attorney fees and expenses and the cost of
    distribution.
    (b) Education program; advances, expenditures, etc., for financing
      such program
      The sum of $1,000,000 plus any funds that revert to the Osage
    Tribe may be advanced, expended, invested, or reinvested for the
    purpose of financing an education program of benefit to the Osage
    Tribe of Indians of Oklahoma, such program to be administered as
    authorized by the Secretary of the Interior.
    (c) Withdrawal of funds for payment of costs of carrying out
      provisions
      The Secretary of the Interior may make appropriate withdrawals
    from the judgment funds and interest thereon, using interest funds
    first, to pay costs incident to carrying out the provisions of
    sections 883 to 883d of this title.

-SOURCE-
    (Pub. L. 92-586, Sec. 1, Oct. 27, 1972, 86 Stat. 1295; Pub. L. 98-
    605, Sec. 5, Oct. 30, 1984, 98 Stat. 3168.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 28, 1906, referred to in subsec. (a), is act June 28,
    1906, ch. 3572, 34 Stat. 539, which was not classified to the Code.
      Act of January 8, 1971, referred to in subsec. (a), is Pub. L. 91-
    665, Jan. 8, 1971, 84 Stat. 1981, which was not classified to the
    Code.
      The Indian Claims Commission, referred to in subsec. (a),
    terminated Sept. 30, 1978. See Codification note set out under
    former section 70 et seq. of this title.


-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (b). Pub. L. 98-605 struck out "or other
    socioeconomic programs" after "an education program" and
    substituted "such program" for "such programs".

-End-



-CITE-
    25 USC Sec. 883a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIX - INDIANS OF OKLAHOMA

-HEAD-
    Sec. 883a. Payment of allotments

-STATUTE-
    (a) Living original allottees
      Except as provided in subsections (b) and (c) of this section, a
    share or proportional share payable to a living original Osage
    allottee shall be paid to such allottee.
    (b) Distribution to heirs; heirship determinations; intestate
      succession; finality of determinations and distributions;
      reversion of minimal amounts
      A share of a deceased Osage allottee having died prior to or
    after October 27, 1972, shall be distributed to his heirs of Osage
    Indian blood pursuant to an order determining heirs by the
    Secretary of the Interior or a court of competent jurisdiction of
    the State of Oklahoma, and such distributions by the Secretary of
    the Interior shall be final and conclusive. In the event the heirs
    of Osage Indian blood of an Osage Indian having died prior to or
    after October 27, 1972, have not been determined by the Secretary
    of the Interior or a court of competent jurisdiction of the State
    of Oklahoma, such share shall be distributed to the heirs of Osage
    Indian blood upon the filing of proof of death and inheritance in
    accordance with the Oklahoma law of intestate succession in a form
    satisfactory to the Secretary of the Interior whose findings and
    determinations upon such proof shall be final and conclusive:
    Provided, That when a person of Osage Indian blood receives an
    amount totaling less than $20 from one or more shares of one or
    more Osage allottees, that amount shall not be distributed to the
    individual, but will revert to the Osage Tribe.
    (c) Minors and persons under guardianship; rules and regulations
      A share or proportional share payable to a person of Osage Indian
    blood under eighteen years of age and any person under guardianship
    pursuant to an order of a court of competent jurisdiction
    notwithstanding the fact he has received a certificate of
    competency shall be disbursed under rules and regulations to be
    prescribed by the Secretary of the Interior.

-SOURCE-
    (Pub. L. 92-586, Sec. 2, Oct. 27, 1972, 86 Stat. 1295.)

-End-



-CITE-
    25 USC Sec. 883b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIX - INDIANS OF OKLAHOMA

-HEAD-
    Sec. 883b. Per capita shares; filing claims; reversion of unclaimed
      shares

-STATUTE-
      All claims for per capita shares by heirs of Osage Indian blood
    shall be filed with the Superintendent, Osage Agency, Pawhuska,
    Oklahoma, not later than eighteen months from October 27, 1972.
    Thereafter, all claims and the right to file same shall be forever
    barred and the unclaimed shares shall revert to the Osage Tribe.
    Unclaimed shares of distributees shall revert to the Osage Tribe
    six months after determination by the Secretary of the Interior of
    their right to share.

-SOURCE-
    (Pub. L. 92-586, Sec. 3, Oct. 27, 1972, 86 Stat. 1296.)

-End-



-CITE-
    25 USC Sec. 883c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIX - INDIANS OF OKLAHOMA

-HEAD-
    Sec. 883c. Income tax exemption

-STATUTE-
      None of the funds distributed per capita under the provisions of
    sections 883 to 883d of this title shall be subject to Federal or
    State income taxes.

-SOURCE-
    (Pub. L. 92-586, Sec. 4, Oct. 27, 1972, 86 Stat. 1296.)

-End-



-CITE-
    25 USC Sec. 883d                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XXXIX - INDIANS OF OKLAHOMA

-HEAD-
    Sec. 883d. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to prescribe rules
    and regulations to carry out the provisions of sections 883 to 883d
    of this title.

-SOURCE-
    (Pub. L. 92-586, Sec. 5, Oct. 27, 1972, 86 Stat. 1296.)

-End-


-CITE-
    25 USC SUBCHAPTER XL - MENOMINEE TRIBE OF WISCONSIN:
           TERMINATION OF FEDERAL SUPERVISION              01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XL - MENOMINEE TRIBE OF WISCONSIN: TERMINATION OF FEDERAL
                     SUPERVISION               

-HEAD-
       SUBCHAPTER XL - MENOMINEE TRIBE OF WISCONSIN: TERMINATION OF
                            FEDERAL SUPERVISION

-End-



-CITE-
    25 USC Secs. 891 to 902                                     01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XL - MENOMINEE TRIBE OF WISCONSIN: TERMINATION OF FEDERAL
                     SUPERVISION               

-HEAD-
    Secs. 891 to 902. Repealed.

-MISC1-
    Secs. 891 to 902. Repealed. Pub. L. 93-197, Sec. 3(b), Dec. 22,
      1973, 87 Stat. 770.
      Section 891, act June 17, 1954, ch. 303, Sec. 1, 68 Stat. 250,
    set out purpose of sections 891 to 902 as orderly termination of
    Federal supervision over property of Menominee Tribe.
      Section 892, act June 17, 1954, ch. 303, Sec. 2, 68 Stat. 250,
    defined "Tribe" and "Secretary".
      Section 893, act June 17, 1954, ch. 303, Sec. 3, 68 Stat. 250,
    set forth procedure for inclusion on tribal membership roll prior
    to its closure.
      Section 894, act June 17, 1954, ch. 303, Sec. 5, 68 Stat. 251,
    authorized payment of $1,500 to tribal members.
      Section 895, acts June 17, 1954, ch. 303, Sec. 6, 68 Stat. 251;
    July 14, 1956, ch. 601, 70 Stat. 544; July 2, 1958, Pub. L. 85-488,
    Sec. 1(a), 72 Stat. 290, authorized hiring of management
    specialists by tribe to assist tribe in studying industrial
    programs for reservation.
      Section 896, acts June 17, 1954, ch. 303, Sec. 7, 68 Stat. 251;
    July 14, 1956, ch. 604, Sec. 1, 70 Stat. 549; July 2, 1958, Pub. L.
    85-488, Sec. 1(b), 72 Stat. 290; Sept. 8, 1960, Pub. L. 86-733,
    Sec. 1, 74 Stat. 867, required tribe to formulate and submit a plan
    to Secretary for control of tribal property and service functions
    conducted by United States.
      Section 897, acts June 17, 1954, ch. 303, Sec. 8, 68 Stat. 252;
    July 14, 1956, ch. 604, Sec. 2, 70 Stat. 550; July 2, 1958, Pub. L.
    85-488, Sec. 1(c), 72 Stat. 291; Sept. 8, 1960, Pub. L. 86-733,
    Sec. 2, 74 Stat. 867, authorized transfer of all tribal property by
    Secretary on or before Apr. 30, 1961, to tribal corporation or a
    trustee selected by Secretary.
      Section 898, acts June 17, 1954, ch. 303, Sec. 9, 68 Stat. 252;
    Sept. 8, 1960, Pub. L. 86-733, Sec. 3, 74 Stat. 867, set forth
    conditions for tax exemptions for distributions, conveyances, and
    transfer of title to assets.
      Section 899, act June 17, 1954, ch. 303, Sec. 10, 68 Stat. 252,
    provided for publication in Federal Register by Secretary of a
    proclamation of transferred property.
      Section 900, act June 17, 1954, ch. 303, Sec. 11, 68 Stat. 252,
    related to protection of minors, etc. by Secretary prior to
    transfer of tribal property.
      Section 901, act June 17, 1954, ch. 303, Sec. 12, 68 Stat. 252,
    authorized Secretary to promulgate rules and regulations.
      Section 902, act June 17, 1954, ch. 303, Sec. 14, as added Sept.
    8, 1960, Pub. L. 86-733, Sec. 4, 74 Stat 867, authorized contracts
    with Wisconsin Department of Public Instruction for completion of
    any vocational or undergraduate college program prior to
    termination of Federal responsibilities.

                      AUTHORIZATION OF APPROPRIATIONS                  
      Pub. L. 89-653, Sec. 1, Oct. 15, 1966, 80 Stat. 903, authorized
    appropriations for the fiscal year ending June 30, 1967, and for
    each of the three succeeding fiscal years to compensate Wisconsin
    and its political subdivisions for extraordinary expenses
    occasioned by the termination of Federal supervision over the
    Menominee Tribe of Wisconsin by the act of June 17, 1954, ch. 303,
    68 Stat. 250.

-End-


-CITE-
    25 USC SUBCHAPTER XLI - MENOMINEE TRIBE OF WISCONSIN:
           RESTORATION OF FEDERAL SUPERVISION              01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLI - MENOMINEE TRIBE OF WISCONSIN: RESTORATION OF
           FEDERAL SUPERVISION                           

-HEAD-
       SUBCHAPTER XLI - MENOMINEE TRIBE OF WISCONSIN: RESTORATION OF
                            FEDERAL SUPERVISION

-End-



-CITE-
    25 USC Sec. 903                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLI - MENOMINEE TRIBE OF WISCONSIN: RESTORATION OF
           FEDERAL SUPERVISION                           

-HEAD-
    Sec. 903. Definitions

-STATUTE-
      For the purposes of this subchapter - 
      (1) The term "tribe" means the Menominee Indian Tribe of
    Wisconsin.
      (2) The term "Secretary" means the Secretary of the Interior.
      (3) The term "Menominee Restoration Committee" means that
    committee of nine Menominee Indians who shall be elected pursuant
    to subsections (a) and (b) of section 903b of this title.

-SOURCE-
    (Pub. L. 93-197, Sec. 2, Dec. 22, 1973, 87 Stat. 770.)


-MISC1-
                                SHORT TITLE                            
      Section 1 of Pub. L. 93-197 provided: "That this Act [enacting
    this subchapter and repealing sections 891 to 902 of this title]
    may be cited as the 'Menominee Restoration Act'."

-End-



-CITE-
    25 USC Sec. 903a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLI - MENOMINEE TRIBE OF WISCONSIN: RESTORATION OF
           FEDERAL SUPERVISION                           

-HEAD-
    Sec. 903a. Federal recognition

-STATUTE-
    (a) Extension; laws applicable
      Notwithstanding the provisions of the Act of June 17, 1954 (68
    Stat. 250; 25 U.S.C. 891-902), as amended, or any other law,
    Federal recognition is hereby extended to the Menominee Indian
    Tribe of Wisconsin and the provisions of the Act of June 18, 1934
    (48 Stat. 984; 25 U.S.C. 461 et seq.), as amended, are made
    applicable to it.
    (b) Repeal of provisions terminating Federal supervision;
      reinstatement of tribal rights and privileges
      The Act of June 17, 1954 (68 Stat. 250; 25 U.S.C. 891-902) as
    amended, is hereby repealed and there are hereby reinstated all
    rights and privileges of the tribe or its members under Federal
    treaty, statute, or otherwise which may have been diminished or
    lost pursuant to such Act.
    (c) Continuation of tribal rights and privileges
      Nothing contained in this subchapter shall diminish any rights or
    privileges enjoyed by the tribe or its members now or prior to June
    17, 1954, under Federal treaty, statute, or otherwise, which are
    now inconsistent with the provisions of this subchapter.
    (d) Continuation of property or contractual rights or obligations
      and tax obligations
      Except as specifically provided in this subchapter, nothing
    contained in this subchapter shall alter any property rights or
    obligations, any contractual rights or obligations, including
    existing fishing rights, or any obligations for taxes already
    levied.
    (e) Grants for services entitled to upon Federal recognition; terms
      and conditions; power of Menominee Restoration Committee
      In providing to the tribe such services to which it may be
    entitled upon its recognition pursuant to subsection (a) of this
    section, the Secretary of the Interior and the Secretary of Health
    and Human Services, as appropriate, are authorized from funds
    appropriated pursuant to section 13 of this title, the Act of
    August 5, 1954 (68 Stat. 674), as amended [42 U.S.C. 2001 et seq.],
    or any other Act authorizing appropriations for the administration
    of Indian affairs, upon the request of the tribe and subject to
    such terms and conditions as may be mutually agreed to, to make
    grants and contract to make grants which will accomplish the
    general purposes for which the funds were appropriated. The
    Menominee Restoration Committee shall have full authority and
    capacity to be a party to receive such grants (!1) to make such
    contracts, and to bind the tribal governing body as the successor
    in interest to the Menominee Restoration Committee: Provided,
    however, That the Menominee Restoration Committee shall have no
    authority to bind the tribe for a period of more than six months
    after the date on which the tribal governing body takes office.


-SOURCE-
    (Pub. L. 93-197, Sec. 3, Dec. 22, 1973, 87 Stat. 770; Pub. L. 96-
    88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1954, referred to in subsecs. (a) and (b), which
    was classified to subchapter XL (Sec. 891 et seq.) of this chapter,
    was repealed by section 3(b) of Pub. L. 93-197, which is classified
    to subsec. (b) of this section.
      Act of June 18, 1934, referred to in subsec. (a), popularly known
    as the Indian Reorganization Act, is classified generally to
    subchapter V (Sec. 461 et seq.) of this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of this title and Tables.
      Act of August 5, 1954, referred to in subsec. (e), is act Aug. 5,
    1954, ch. 658, 68 Stat. 674, as amended, which is classified
    generally to subchapter I (Sec. 2001 et seq.) of chapter 22 of
    Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Tables.

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in text, pursuant to
    section 509(b) of Pub. L. 96-88 which is classified to section
    3508(b) of Title 20, Education.

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a comma.


-End-



-CITE-
    25 USC Sec. 903b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLI - MENOMINEE TRIBE OF WISCONSIN: RESTORATION OF
           FEDERAL SUPERVISION                           

-HEAD-
    Sec. 903b. Menominee Restoration Committee

-STATUTE-
    (a) Nomination and election of members; time and procedure; ballot
      requirements; approval by Secretary; powers of Committee
      Within fifteen days after December 22, 1973, the Secretary shall
    announce the date of a general council meeting of the tribe to
    nominate candidates for election to the Menominee Restoration
    Committee. Such general council meeting shall be held within thirty
    days of December 22, 1973. Within forty-five days of the general
    council meeting provided for herein, the Secretary shall hold an
    election by secret ballot, absentee balloting to be permitted, to
    elect the membership of the Menominee Restoration Committee from
    among the nominees submitted to him from the general council
    meeting provided for herein. The ballots shall provide for write-in
    votes. The Secretary shall approve the Menominee Restoration
    Committee elected pursuant to this section if he is satisfied that
    the requirements of this section relating to the nominating and
    election process have been met. The Menominee Restoration Committee
    shall represent the Menominee people in the implementation of this
    subchapter and shall have no powers other than those given to it in
    accordance with this subchapter. The Menominee Restoration
    Committee shall have no power or authority under this subchapter
    after the time which the duly-elected tribal governing body takes
    office: Provided, however, That this provision shall in no way
    invalidate or affect grants or contracts made pursuant to the
    provisions of section 903a(e) of this title.
    (b) Eligible voters; notice by Secretary of nominating meeting and
      election
      In the absence of a completed tribal roll prepared pursuant to
    subsection (c) of this section and solely for the purposes of the
    general council meeting and the election provided for in subsection
    (a) of this section, all living persons on the final roll of the
    tribe published under section 893 (!1) of this title, and all
    descendants, who are at least eighteen years of age and who possess
    at least one-quarter degree of Menominee Indian blood, of persons
    on such roll shall be entitled to attend, participate, and vote at
    such general council meeting and such election. Verification of
    descendancy, age, and blood quantum shall be made upon oath before
    the Secretary or his authorized representative and his
    determination thereon shall be conclusive and final. The Secretary
    shall assure that adequate notice of such meeting and election
    shall be provided eligible voters.

    (c) Membership roll; opening; revision procedure; prerequisites for
      inclusion; possession and maintenance of enrollment records and
      materials; appeal; finality of determination
      The membership roll of the tribe which was closed as of June 17,
    1954, is hereby declared open. The Secretary, under contract with
    the Menominee Restoration Committee, shall proceed to make current
    the roll in accordance with the terms of this subchapter. The names
    of all enrollees who are deceased as of December 22, 1973, shall be
    stricken. The names of any descendants of an enrollee shall be
    added to the roll provided such descendant possesses at least one-
    quarter degree Menominee Indian blood. Upon installation of
    elected constitutional officers of the tribe, the Secretary and the
    Menominee Restoration Committee shall deliver their records, files,
    and any other material relating to enrollment matters to the tribal
    governing body. All further work in bringing and maintaining
    current the tribal roll shall be performed in such manner as may be
    prescribed in accordance with the tribal governing documents. Until
    responsibility for the tribal roll is assumed by the tribal
    governing body, appeals from the omission or inclusion of any name
    upon the tribal roll shall lie with the Secretary and his
    determination thereon shall be final. The Secretary shall make the
    final determination of each such appeal within ninety days after an
    appeal is initiated.

-SOURCE-
    (Pub. L. 93-197, Sec. 4, Dec. 22, 1973, 87 Stat. 771.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 893 of this title, referred to in subsec. (b), was
    repealed by section 3(b) of Pub. L. 93-197, which is classified to
    section 903a(b) of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    25 USC Sec. 903c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLI - MENOMINEE TRIBE OF WISCONSIN: RESTORATION OF
           FEDERAL SUPERVISION                           

-HEAD-
    Sec. 903c. Tribal constitution and bylaws

-STATUTE-
    (a) Election; time and procedure
      Upon request from the Menominee Restoration Committee, the
    Secretary shall conduct an election by secret ballot, pursuant to
    the provisions of the Act of June 18, 1934, as amended [25 U.S.C.
    461 et seq.], for the purpose of determining the tribe's
    constitution and bylaws. The election shall be held within sixty
    days after final certification of the tribal roll.
    (b) Distribution by Menominee Restoration Committee prior to
      election of proposed constitution and bylaws and brief impartial
      description; consultations by Committee with persons entitled to
      vote
      The Menominee Restoration Committee shall distribute to all
    enrolled persons who are entitled to vote in the election, at least
    thirty days before the election, a copy of the constitution and
    bylaws as drafted by the Menominee Restoration Committee which will
    be presented at the election, along with a brief impartial
    description of the constitution and bylaws. The Menominee
    Restoration Committee shall freely consult with persons entitled to
    vote in the election concerning the text and description of the
    constitution and bylaws. Such consultation shall not be carried on
    within fifty feet of the polling places on the date of the
    election.
    (c) Election of tribal officers provided for in constitution and
      bylaws; time and procedure for initial election; subsequent
      elections governed by constitution, bylaws and ordinances
      Within one hundred and twenty days after the tribe adopts a
    constitution and bylaws, the Menominee Restoration Committee shall
    conduct an election by secret ballot for the purpose of determining
    the individuals who will serve as tribal officials as provided in
    the tribal constitution and bylaws. For the purpose of this initial
    election and notwithstanding any provision in the tribal
    constitution and bylaws to the contrary, absentee balloting shall
    be permitted and all tribal members who are eighteen years of age
    or over shall be entitled to vote in the election. All further
    elections of tribal officers shall be as provided in the tribal
    constitution and bylaws and ordinances adopted thereunder.
    (d) Majority vote necessary for passage and initial election of
      tribal governing body; minimum number of voters required to vote
      In any election held pursuant to this section, the vote of a
    majority of those actually voting shall be necessary and sufficient
    to effectuate the adoption of a tribal constitution and bylaws and
    the initial election of the tribe's governing body, so long as, in
    each such election, the total vote cast is at least 30 per centum
    of those entitled to vote.
    (e) Revision of time periods pursuant to agreement of Secretary and
      Menominee Restoration Committee
      The time periods set forth in section 903b(c) of this title and
    subsections (a) and (c) of this section may be changed by the
    written agreement of the Secretary and the Menominee Restoration
    Committee.

-SOURCE-
    (Pub. L. 93-197, Sec. 5, Dec. 22, 1973, 87 Stat. 772.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, referred to in subsec. (a), popularly known
    as the Indian Reorganization Act, is classified generally to
    subchapter V (Sec. 461 et seq.) of this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of this title and Tables.

-End-



-CITE-
    25 USC Sec. 903d                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLI - MENOMINEE TRIBE OF WISCONSIN: RESTORATION OF
           FEDERAL SUPERVISION                           

-HEAD-
    Sec. 903d. Transfer of assets of Menominee Enterprises, Inc.

-STATUTE-
    (a) Negotiation and development of plan for assumption of assets;
      submittal of plan to Congress
      The Secretary shall negotiate with the elected members of the
    Menominee Common Stock and Voting Trust and the Board of Directors
    of Menominee Enterprises, Incorporated, or their authorized
    representatives, to develop a plan for the assumption of the assets
    of the corporation. The Secretary shall submit such plan to the
    Congress within one year from December 22, 1973.
    (b) Acceptance of assets by Secretary; prerequisites; preexisting
      rights and obligations in assets; United States as trustee for
      land transferred; exemption from taxation for transfer of assets
      and assets transferred
      If neither House of Congress shall have passed a resolution of
    disapproval of the plan within sixty days of the date the plan is
    submitted to Congress, the Secretary shall, subject to the terms
    and conditions of the plan negotiated pursuant to subsection (a) of
    this section, accept the assets (excluding any real property not
    located in or adjacent to the territory, constituting, on December
    22, 1973, the county of Menominee, Wisconsin) of Menominee
    Enterprises, Incorporated, but only if transferred to him by the
    Board of Directors of Menominee Enterprises, Incorporated, subject
    to the approval of the shareholders as required by the laws of
    Wisconsin. Such assets shall be subject to all valid existing
    rights, including, but not limited to, liens, outstanding taxes
    (local, State, and Federal), mortgages, outstanding corporate
    indebtedness of all types, and any other obligation. The land and
    other assets transferred to the Secretary pursuant to this
    subsection shall be subject to foreclosure or sale pursuant to the
    terms of any valid existing obligation in accordance with the laws
    of the State of Wisconsin. Subject to the conditions imposed by
    this section, the land transferred shall be taken in the name of
    the United States in trust for the tribe and shall be their
    reservation. The transfer of assets authorized by this section
    shall be exempt from all local, State, and Federal taxation. All
    assets transferred under this section shall, as of the date of
    transfer, be exempt from all local, State, and Federal taxation.
    (c) Transfer to Secretary of real property of Menominee Tribe
      members; necessity for transfer by Menominee owner or owners;
      preexisting rights and obligations in land; United States as
      trustee for land transferred; exemption from taxation for
      transfer of assets and assets transferred
      The Secretary shall accept the real property (excluding any real
    property not located in or adjacent to the territory constituting,
    on December 22, 1973, the county of Menominee, Wisconsin) of
    members of the Menominee Tribe, but only if transferred to him by
    the Menominee owner or owners. Such property shall be subject to
    all valid existing rights including, but not limited to, liens,
    outstanding taxes (local, State, and Federal), mortgages, and any
    other obligations. The land transferred to the Secretary pursuant
    to this subsection shall be subject to foreclosure or sale pursuant
    to the terms of any valid existing obligation in accordance with
    the laws of the State of Wisconsin. Subject to the conditions
    imposed by this subsection, the land transferred shall be taken in
    the name of the United States in trust for the Menominee Tribe of
    Wisconsin and shall be part of their reservation. The transfer of
    assets authorized by this section shall be exempt from all local,
    State, and Federal taxation. All assets transferred under this
    section shall, as of the date of transfer, be exempt from all
    local, State, and Federal taxation.
    (d) Consultation by Secretary and Menominee Restoration Committee
      with appropriate State and local government officials for
      nonimpairment of necessary governmental services upon transfer of
      assets
      The Secretary and the Menominee Restoration Committee shall
    consult with appropriate State and local government officials to
    assure that the provision of necessary governmental services is not
    impaired as a result of the transfer of assets provided for in this
    section.
    (e) Establishment of local government bodies, etc., by Wisconsin to
      provide necessary governmental services in Menominee County
      For the purpose of implementing subsection (d) of this section,
    the State of Wisconsin may establish such local government bodies,
    political subdivisions, and service arrangements as will best
    provide the State or local government services required by the
    people in the territory constituting, on December 22, 1973, the
    county of Menominee.

-SOURCE-
    (Pub. L. 93-197, Sec. 6, Dec. 22, 1973, 87 Stat. 772.)

-End-



-CITE-
    25 USC Sec. 903e                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLI - MENOMINEE TRIBE OF WISCONSIN: RESTORATION OF
           FEDERAL SUPERVISION                           

-HEAD-
    Sec. 903e. Rules and regulations

-STATUTE-
      The Secretary is hereby authorized to make such rules and
    regulations as are necessary to carry out the provisions of this
    subchapter.

-SOURCE-
    (Pub. L. 93-197, Sec. 7, Dec. 22, 1973, 87 Stat. 773.)

-End-



-CITE-
    25 USC Sec. 903f                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLI - MENOMINEE TRIBE OF WISCONSIN: RESTORATION OF
           FEDERAL SUPERVISION                           

-HEAD-
    Sec. 903f. Authorization of appropriations

-STATUTE-
      There are hereby authorized to be appropriated such sums as may
    be necessary to carry out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 93-197, Sec. 8, Dec. 22, 1973, 87 Stat. 773.)

-End-


-CITE-
    25 USC SUBCHAPTER XLII - QUAPAW TRIBE: DISTRIBUTION OF
           JUDGMENT FUND                                   01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLII - QUAPAW TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
       SUBCHAPTER XLII - QUAPAW TRIBE: DISTRIBUTION OF JUDGMENT FUND   

-End-



-CITE-
    25 USC Sec. 911                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLII - QUAPAW TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 911. Membership roll; preparation; eligibility for enrollment;
      applications for enrollment; protests; finality of determination

-STATUTE-
      The Secretary of the Interior is authorized and directed to
    prepare a roll of the persons whose names appear on the Quapaw
    membership roll forwarded under date of January 4, 1890, and whose
    membership in the tribe was then based upon Quapaw blood rather
    than solely upon adoption, and the descendants of such persons, who
    are living on July 17, 1959. Applications for enrollment must be
    filed with the area director of the Bureau of Indian Affairs,
    Muskogee, Oklahoma, on forms prescribed by the Secretary, within
    six months after July 17, 1959. For a period of three months
    thereafter, the Secretary shall permit the examination of the
    applications by the Quapaw Tribal Business Committee or by persons
    having a material interest therein for the purpose of lodging
    protests against any application. The determination of the
    Secretary regarding the eligibility of an applicant shall be final.

-SOURCE-
    (Pub. L. 86-97, Sec. 1, July 17, 1959, 73 Stat. 221.)

-End-



-CITE-
    25 USC Sec. 912                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLII - QUAPAW TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 912. Per capita payments to enrollees, heirs or legatees; tax
      exemption

-STATUTE-
      The Secretary shall distribute on a pro rata basis to the persons
    whose names appear on the roll prepared pursuant to section 911 of
    this title, or their heirs or legatees, the balance of the funds on
    deposit in the Treasury of the United States to the credit of the
    Quapaw Indians that were appropriated by the Act of August 26, 1954
    (68 Stat. 801), in satisfaction of a judgment against the United
    States that was obtained by the tribe in the Indian Claims
    Commission on May 7, 1954, and accrued interest thereon. The funds
    so distributed shall not be subject to Federal or State income tax.

-SOURCE-
    (Pub. L. 86-97, Sec. 2, July 17, 1959, 73 Stat. 222.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of August 26, 1954, referred to in text, is act Aug. 26,
    1954, ch. 935, 68 Stat. 801, known as the Supplemental
    Appropriation Act, 1955. That portion of the act which appropriated
    the funds referred to was not classified to the Code.

-End-



-CITE-
    25 USC Sec. 913                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLII - QUAPAW TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 913. Distribution of shares

-STATUTE-
    (a) Payments to enrollees, next of kin, or legatees
      Except as provided in subsection (b) of this section, the
    Secretary shall distribute a share payable to a living enrollee
    directly to such enrollee, and the Secretary shall distribute a
    share payable to a deceased enrollee directly to his next of kin or
    legatees as determined by the laws of the place of domicile of the
    decedent, upon proof of death and inheritance satisfactory to the
    Secretary, whose findings upon such proof shall be final and
    conclusive.
    (b) Payments to minors or persons under legal disability
      A share payable to a person under twenty-one years of age or to a
    person under legal disability shall be paid in accordance with the
    laws applicable to such person in the place of his domicile, or in
    the discretion of the Secretary to the natural parent or guardian
    of such person.

-SOURCE-
    (Pub. L. 86-97, Sec. 3, July 17, 1959, 73 Stat. 222.)

-End-



-CITE-
    25 USC Sec. 914                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLII - QUAPAW TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 914. Costs

-STATUTE-
      All costs incurred by the Secretary in the preparation of the
    roll and in the payment of shares in accordance with the provisions
    of this subchapter shall be paid by appropriate withdrawals from
    the judgment fund, but the cost and expense of any litigation that
    may arise from the preparation of the roll or the payment of shares
    shall be paid by the United States.

-SOURCE-
    (Pub. L. 86-97, Sec. 4, July 17, 1959, 73 Stat. 222.)

-End-


-CITE-
    25 USC SUBCHAPTER XLIII - CATAWBA TRIBE OF SOUTH
           CAROLINA: DIVISION OF ASSETS                    01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIII - CATAWBA TRIBE OF SOUTH CAROLINA: DIVISION OF
           ASSETS                                        

-HEAD-
      SUBCHAPTER XLIII - CATAWBA TRIBE OF SOUTH CAROLINA: DIVISION OF
                                  ASSETS

-End-



-CITE-
    25 USC Secs. 931 to 938                                     01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIII - CATAWBA TRIBE OF SOUTH CAROLINA: DIVISION OF
           ASSETS                                        

-HEAD-
    Secs. 931 to 938. Repealed.

-MISC1-
    Secs. 931 to 938. Repealed. Pub. L. 103-116, Sec. 4(c), Oct. 27,
      1993, 107 Stat. 1121.
      Section 931, Pub. L. 86-322, Sec. 1, Sept. 21, 1959, 73 Stat.
    592, related to publication of notice of agreement to division of
    assets, closure of roll, preparation of roll, protest against
    inclusion or omission from roll, finality of determinations, and
    final publication.
      Section 932, Pub. L. 86-322, Sec. 2, Sept. 21, 1959, 73 Stat.
    592, related to personal property rights of enrolled members and
    restrictions on alienation.
      Section 933, Pub. L. 86-322, Sec. 3, Sept. 21, 1959, 73 Stat.
    592, related to distribution of tribal assets.
      Section 934, Pub. L. 86-322, Sec. 4, Sept. 21, 1959, 73 Stat.
    593, related to land surveys and execution of conveyances by
    Secretary and title of grantees.
      Section 935, Pub. L. 86-322, Sec. 5, Sept. 21, 1959, 73 Stat.
    593, related to revocation of tribal constitution, termination of
    Federal services, application of Federal and State laws, and effect
    on citizenship status.
      Section 936, Pub. L. 86-322, Sec. 6, Sept. 21, 1959, 73 Stat.
    593, provided that rights, privileges, and obligations under South
    Carolina laws would be unaffected.
      Section 937, Pub. L. 86-322, Sec. 7, Sept. 21, 1959, 73 Stat.
    593, related to applicability of Federal or State income taxes on
    distributed property.
      Section 938, Pub. L. 86-322, Sec. 8, Sept. 21, 1959, 73 Stat.
    594, related to education and training program, purposes, subjects,
    transportation, subsistence, contracts, and other education
    programs.

                         EFFECTIVE DATE OF REPEAL                     
      For effective date of repeal, see section 17 of Pub. L. 103-116,
    set out as an Effective Date note under section 941 of this title.

-End-


-CITE-
    25 USC SUBCHAPTER XLIII-A - CATAWBA INDIAN TRIBE OF SOUTH
           CAROLINA; RESTORATION OF FEDERAL TRUST
           RELATIONSHIP                                    01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIII-A - CATAWBA INDIAN TRIBE OF SOUTH CAROLINA;
           RESTORATION OF FEDERAL TRUST RELATIONSHIP     

-HEAD-
       SUBCHAPTER XLIII-A - CATAWBA INDIAN TRIBE OF SOUTH CAROLINA;
                 RESTORATION OF FEDERAL TRUST RELATIONSHIP

-End-



-CITE-
    25 USC Sec. 941                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIII-A - CATAWBA INDIAN TRIBE OF SOUTH CAROLINA;
           RESTORATION OF FEDERAL TRUST RELATIONSHIP     

-HEAD-
    Sec. 941. Declaration of policy, Congressional findings and purpose

-STATUTE-
    (a) Findings
      The Congress declares and finds that:
        (1) It is the policy of the United States to promote tribal
      self-determination and economic self-sufficiency and to support
      the resolution of disputes over historical claims through
      settlements mutually agreed to by Indian and non-Indian parties.
        (2) There is pending before the United States District Court
      for the District of South Carolina a lawsuit disputing ownership
      of approximately 140,000 acres of land in the State of South
      Carolina and other rights of the Catawba Indian Tribe under
      Federal law.
        (3) The Catawba Indian Tribe initiated a related lawsuit
      against the United States in the United States Court of Federal
      Claims seeking monetary damages.
        (4) Some of the significant historical events which have led to
      the present situation include:
          (A) In treaties with the Crown in 1760 and 1763, the Tribe
        ceded vast portions of its aboriginal territory in the present
        States of North and South Carolina in return for guarantees of
        being quietly settled on a 144,000-acre reservation.
          (B) The Tribe's district court suit contended that in 1840
        the Tribe and the State entered into an agreement without
        Federal approval or participation whereby the Tribe ceded its
        treaty reservation to the State, thereby giving rise to the
        Tribe's claim that it was dispossessed of its lands in
        violation of Federal law.
          (C) In 1943, the United States entered into an agreement with
        the Tribe and the State to provide services to the Tribe and
        its members. The State purchased 3,434 acres of land and
        conveyed it to the Secretary in trust for the Tribe and the
        Tribe organized under the Indian Reorganization Act [25 U.S.C.
        461 et seq.].
          (D) In 1959, when Congress enacted the Catawba Tribe of South
        Carolina Division of Assets Act (25 U.S.C. 931-938), Federal
        agents assured the Tribe that if the Tribe would release the
        Government from its obligation under the 1943 agreement and
        agree to Federal legislation terminating the Federal trust
        relationship and liquidating the 1943 reservation, the status
        of the Tribe's land claim would not be jeopardized by
        termination.
          (E) In 1980, the Tribe initiated Federal court litigation to
        regain possession of its treaty lands and in 1986, the United
        States Supreme Court ruled in South Carolina against Catawba
        Indian Tribe that the 1959 Act resulted in the application of
        State statutes of limitations to the Tribe's land claim. Two
        subsequent decisions of the United States Court of Appeals for
        the Fourth Circuit have held that some portion of the Tribe's
        claim is barred by State statutes of limitations and that some
        portion is not barred.

        (5) The pendency of these lawsuits has led to substantial
      economic and social hardship for a large number of landowners,
      citizens and communities in the State of South Carolina,
      including the Catawba Indian Tribe. Congress recognizes that if
      these claims are not resolved, further litigation against tens of
      thousands of landowners would be likely; that any final
      resolution of pending disputes through a process of litigation
      would take many years and entail great expenses to all parties;
      continue economically and socially damaging controversies;
      prolong uncertainty as to the ownership of property; and
      seriously impair long-term economic planning and development for
      all parties.
        (6) The 102d Congress has enacted legislation suspending until
      October 1, 1993, the running of any unexpired statute of
      limitation applicable to the Tribe's land claim in order to
      provide additional time to negotiate settlement of these claims.
        (7) It is recognized that both Indian and non-Indian parties
      enter into this settlement to resolve the disputes raised in
      these lawsuits and to derive certain benefits. The parties'
      Settlement Agreement constitutes a good faith effort to resolve
      these lawsuits and other claims and requires implementing
      legislation by the Congress of the United States, the General
      Assembly of the State of South Carolina, and the governing bodies
      of the South Carolina counties of York and Lancaster.
        (8) To advance the goals of the Federal policy of Indian self-
      determination and restoration of terminated Indian Tribes, and
      in recognition of the United States obligation to the Tribe and
      the Federal policy of settling historical Indian claims through
      comprehensive settlement agreements, it is appropriate that the
      United States participate in the funding and implementation of
      the Settlement Agreement.
    (b) Purpose
      It is the purpose of this subchapter - 
        (1) to approve, ratify, and confirm the Settlement Agreement
      entered into by the non-Indian settlement parties and the Tribe,
      except as otherwise provided by this subchapter;
        (2) to authorize and direct the Secretary to implement the
      terms of such Settlement Agreement;
        (3) to authorize the actions and appropriations necessary to
      implement the provisions of the Settlement Agreement and this
      subchapter;
        (4) to remove the cloud on titles in the State of South
      Carolina resulting from the Tribe's land claim; and
        (5) to restore the trust relationship between the Tribe and the
      United States.

-SOURCE-
    (Pub. L. 103-116, Sec. 2, Oct. 27, 1993, 107 Stat. 1118.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Reorganization Act, referred to in subsec. (a)(4)(C),
    is act June 18, 1934, ch. 576, 48 Stat. 984, as amended, which is
    classified generally to subchapter V (Sec. 461 et seq.) of this
    chapter. For complete classification of this Act to the Code, see
    Short Title note set out under section 461 of this title and
    Tables.
      The Catawba Tribe of South Carolina Division of Assets Act and
    the 1959 Act, referred to in subsec. (a)(4)(D), (E), probably mean
    Pub. L. 86-322, Sept. 21, 1959, 73 Stat. 592, which was classified
    generally to subchapter XLIII (Sec. 931 et seq.) of this chapter
    prior to repeal by Pub. L. 103-116, Sec. 4(c), Oct. 27, 1993, 107
    Stat. 1121.
      Legislation suspending until October 1, 1993, the running of any
    unexpired statute of limitation applicable to the Tribe's land
    claim, referred to in subsec. (a)(6), is Pub. L. 102-339, Sec. 3,
    Aug. 11, 1992, 106 Stat. 869, which is not classified to the Code.
      This subchapter, referred to in subsec. (b), was in the original
    "this Act", meaning Pub. L. 103-116, Oct. 27, 1993, 107 Stat. 1118,
    known as the Catawba Indian Tribe of South Carolina Land Claims
    Settlement Act of 1993, which is classified generally to this
    subchapter. For complete classification of this Act to the Code,
    see Short Title note set out below and Tables.


-MISC1-
                              EFFECTIVE DATE                          
      Section 17 of Pub. L. 103-116 provided that: "Except for sections
    7, 8, and 12 [enacting sections 941e, 941f and 941j of this title],
    the provisions of this Act [see Short Title note below] shall
    become effective upon the transfer of the Existing Reservation
    under section 12 [enacting section 941j of this title] to the
    Secretary."
      [In accordance with the provisions of Pub. L. 103-116, a
    quitclaim deed transferring the existing reservation to the United
    States as Trustee for the Tribe was executed on Nov. 29, 1993. This
    conveyance was accepted on behalf of the United States, in trust,
    on Jan. 19, 1994. The deed was recorded Jan. 20, 1994.]

                                SHORT TITLE                            
      Section 1 of Pub. L. 103-116 provided that: "This Act [enacting
    this subchapter and repealing subchapter XLIII (Sec. 931 et seq.)
    of this chapter] may be cited as the 'Catawba Indian Tribe of South
    Carolina Land Claims Settlement Act of 1993'."

-End-



-CITE-
    25 USC Sec. 941a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIII-A - CATAWBA INDIAN TRIBE OF SOUTH CAROLINA;
           RESTORATION OF FEDERAL TRUST RELATIONSHIP     

-HEAD-
    Sec. 941a. Definitions

-STATUTE-
      For purposes of this subchapter:
        (1) The term "Tribe" means the Catawba Indian Tribe of South
      Carolina as constituted in aboriginal times, which was party to
      the Treaty of Pine Tree Hill in 1760 as confirmed by the Treaty
      of Augusta in 1763, which was party also to the Treaty of Nation
      Ford in 1840, and which was the subject of the Termination Act,
      and all predecessors and successors in interest, including the
      Catawba Indian Tribe of South Carolina, Inc.
        (2) The term "claim" or "claims" means any claim which was
      asserted by the Tribe in either Suit, and any other claim which
      could have been asserted by the Tribe or any Catawba Indian of a
      right, title or interest in property, to trespass or property
      damages, or of hunting, fishing or other rights to natural
      resources, if such claim is based upon aboriginal title,
      recognized title, or title by grant, patent, or treaty including
      the Treaty of Pine Tree Hill of 1760, the Treaty of Augusta of
      1763, or the Treaty of Nation Ford of 1840.
        (3) The term "Executive Committee" means the body of the Tribe
      composed of the Tribe's executive officers as selected by the
      Tribe in accordance with its constitution.
        (4) The term "Existing Reservation" means that tract of
      approximately 630 acres conveyed to the State in trust for the
      Tribe by J.M. Doby on December 24, 1842, by deed recorded in York
      County Deed Book N, pp. 340-341.
        (5) The term "General Council" means the membership of the
      Tribe convened as the Tribe's governing body for the purpose of
      conducting tribal business pursuant to the Tribe's constitution.
        (6) The term "Member" means individuals who are currently
      members of the Tribe or who are enrolled in accordance with this
      subchapter.
        (7) The term "Reservation" or "Expanded Reservation" means the
      Existing Reservation and the lands added to the Existing
      Reservation in accordance with section 941j of this title, which
      are to be held in trust by the Secretary in accordance with this
      subchapter.
        (8) The term "Secretary" means the Secretary of the Interior.
        (9) The term "service area" means the area composed of the
      State of South Carolina and Cabarrus, Cleveland, Gaston,
      Mecklenburg, Rutherford, and Union counties in the State of North
      Carolina.
        (10) The term "Settlement Agreement" means the document
      entitled "Agreement in Principle" between the Tribe and the State
      of South Carolina and attached to the copy of the State Act and
      filed with the Secretary of State of the State of South Carolina,
      as amended to conform to this subchapter and printed in the
      Congressional Record.
        (11) The term "State" means, except for section 941d(a) through
      (f) of this title, the State of South Carolina.
        (12) The term "State Act" means the Act enacted into law by the
      State of South Carolina on June 14, 1993, and codified as S.C.
      Code Ann., sections 27-16-10 through 27-16-140, to implement the
      Settlement Agreement.
        (13) The term "Suit" or "Suits" means Catawba Indian Tribe of
      South Carolina v. State of South Carolina, et al., docketed as
      Civil Action No. 80-2050 and filed in the United States District
      Court for the District of South Carolina; and Catawba Indian
      Tribe of South Carolina v. The United States of America, docketed
      as Civil Action No. 90-553L and filed in the United States Court
      of Federal Claims.
        (14) The term "Termination Act" means the Act entitled "An Act
      to provide for the division of the tribal assets of the Catawba
      Indian Tribe of South Carolina among the members of the Tribe and
      for other purposes", approved September 21, 1959 (73 Stat. 592;
      25 U.S.C. 931-938).
        (15) The term "transfer" includes (but is not limited to) any
      voluntary or involuntary sale, grant, lease, allotment,
      partition, or other conveyance; any transaction the purpose of
      which was to effect a sale, grant, lease, allotment, partition,
      or conveyance; and any act, event or circumstance that resulted
      in a change in title to, possession of, dominion over, or control
      of land, water, minerals, timber, or other natural resources.
        (16) The term "Trust Funds" means the trust funds established
      by section 941i of this title.

-SOURCE-
    (Pub. L. 103-116, Sec. 3, Oct. 27, 1993, 107 Stat. 1120.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Agreement in Principle, referred to in par. (10), is set out
    at Cong. Rec., vol. 139, part 16, p. 22583.
      The Act entitled "An Act to provide for the division of the
    tribal assets of the Catawba Indian Tribe of South Carolina among
    the members of the Tribe and for other purposes", approved
    September 21, 1959, referred to in par. (14), is Pub. L. 86-322,
    Sept. 21, 1959, 73 Stat. 592, which was classified generally to
    subchapter XLIII (Sec. 931 et seq.) of this chapter prior to repeal
    by Pub. L. 103-116, Sec. 4(c), Oct. 27, 1993, 107 Stat. 1121.

-End-



-CITE-
    25 USC Sec. 941b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIII-A - CATAWBA INDIAN TRIBE OF SOUTH CAROLINA;
           RESTORATION OF FEDERAL TRUST RELATIONSHIP     

-HEAD-
    Sec. 941b. Restoration of Federal trust relationship

-STATUTE-
    (a) Restoration of Federal trust relationship and approval,
      ratification, and confirmation of Settlement Agreement
      On the effective date of this subchapter - 
        (1) the trust relationship between the Tribe and the United
      States is restored; and
        (2) the Settlement Agreement and the State Act are approved,
      ratified, and confirmed by the United States to effectuate the
      purposes of this subchapter, and shall be complied with in the
      same manner and to the same extent as if they had been enacted
      into Federal law.
    (b) Eligibility for Federal benefits and services
      Notwithstanding any other provision of law, on the effective date
    of this subchapter, the Tribe and the Members shall be eligible for
    all benefits and services furnished to federally recognized Indian
    tribes and their members because of their status as Indians. On the
    effective date of this subchapter, the Secretary shall enter the
    Tribe on the list of federally recognized bands and tribes
    maintained by the Department of the Interior; and its members shall
    be eligible to special services, educational benefits, medical
    care, and welfare assistance provided by the United States to
    Indians because of their status as Indians, and the Tribe shall be
    eligible to the special services performed by the United States for
    tribes because of their status as Indian tribes. For the purpose of
    eligibility for Federal services made available to members of
    federally recognized Indian tribes because of their status as
    Indian tribal members, Members of the Tribe in the Tribe's service
    area shall be deemed to be residing on or near a reservation.
    (c) Repeal of Termination Act
      The Termination Act is repealed.
    (d) Effect on property rights and other obligations
      Except as otherwise specifically provided in this subchapter,
    this subchapter shall not affect any property right or obligation
    or any contractual right or obligation in existence before the
    effective date of this subchapter, or any obligation for taxes
    levied before that date.
    (e) Extent of jurisdiction
      This subchapter shall not be construed to empower the Tribe with
    special jurisdiction or to deprive the State of jurisdiction other
    than as expressly provided by this subchapter or by the State Act.
    The jurisdiction and governmental powers of the Tribe shall be
    solely those set forth in this subchapter and the State Act.

-SOURCE-
    (Pub. L. 103-116, Sec. 4, Oct. 27, 1993, 107 Stat. 1121.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the effective date of this subchapter, referred to in
    subsecs. (a), (b), and (d), see Effective Date note set out under
    section 941 of this title.

-End-



-CITE-
    25 USC Sec. 941c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIII-A - CATAWBA INDIAN TRIBE OF SOUTH CAROLINA;
           RESTORATION OF FEDERAL TRUST RELATIONSHIP     

-HEAD-
    Sec. 941c. Settlement funds

-STATUTE-
    (a) Authorization for appropriation
      There is hereby authorized to be appropriated $32,000,000 for the
    Federal share which shall be deposited in the trust funds
    established pursuant to section 941i of this title or paid pursuant
    to section 941d(g) of this title.
    (b) Disbursement in accordance with Settlement Agreement
      The Federal funds appropriated pursuant to this subchapter shall
    be disbursed in four equal annual installments of $8,000,000
    beginning in the fiscal year following October 27, 1993. Funds
    transferred to the Secretary from other sources shall be deposited
    in the trust funds established pursuant to section 941i of this
    title or paid pursuant to section 941d(g) of this title within 30
    days of receipt by the Secretary.
    (c) Federal, State, local and private contributions held in trust
      by Secretary
      The Secretary shall, on behalf of the Tribe, collect those
    contributions toward settlement appropriated or received by the
    State pursuant to section 5.2 of the Settlement Agreement and shall
    either hold such funds totalling $18,000,000, together with the
    Federal funds appropriated pursuant to this subchapter, in trust
    for the Tribe pursuant to the provisions of section 941i of this
    title or pay such funds pursuant to section 941d(g) of this title.
    (d) Nonpayment of State, local, or private contributions
      The Secretary shall not be accountable or incur any liability for
    the collection, deposit, or management of the non-Federal
    contributions made pursuant to section 5.2 of the Settlement
    Agreement, or payment of such funds pursuant to section 941d(g) of
    this title, until such time as such funds are received by the
    Secretary.

-SOURCE-
    (Pub. L. 103-116, Sec. 5, Oct. 27, 1993, 107 Stat. 1122.)

-End-



-CITE-
    25 USC Sec. 941d                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIII-A - CATAWBA INDIAN TRIBE OF SOUTH CAROLINA;
           RESTORATION OF FEDERAL TRUST RELATIONSHIP     

-HEAD-
    Sec. 941d. Ratification of prior transfers; extinguishment of
      aboriginal title, rights and claims

-STATUTE-
    (a) Ratification of transfers
      Any transfer of land or natural resources located anywhere within
    the United States from, by, or on behalf of the Tribe, any one or
    more of its Members, or anyone purporting to be a Member, including
    but without limitation any transfer pursuant to any treaty,
    compact, or statute of any State, shall be deemed to have been made
    in accordance with the Constitution and all laws of the United
    States, and Congress hereby approves and ratifies any such transfer
    effective as of the date of such transfer. Nothing in this section
    shall be construed to affect, eliminate, or revive the personal
    claim of any individual Member (except for any Federal common law
    fraud claim) which is pursued under any law of general
    applicability that protects non-Indians as well as Indians.
    (b) Aboriginal title
      To the extent that any transfer of land or natural resources
    described in subsection (a) of this section may involve land or
    natural resources to which the Tribe, any of its Members, or anyone
    purporting to be a Member, or any other Indian, Indian nation, or
    Tribe or band of Indians had aboriginal title, subsection (a) of
    this section shall be regarded as an extinguishment of aboriginal
    title as of the date of such transfer.
    (c) Extinguishment of claims
      By virtue of the approval and ratification of any transfer of
    land or natural resources effected by this section, or the
    extinguishment of aboriginal title effected thereby, all claims
    against the United States, any State or subdivision thereof, or any
    other person or entity, by the Tribe, any of its Members, or anyone
    purporting to be a Member, or any predecessors or successors in
    interest thereof or any other Indian, Indian Nation, or tribe or
    band of Indians, arising at the time of or subsequent to the
    transfer and based on any interest in or right involving such land
    or natural resources, including without limitation claims for
    trespass damages or claims for use and occupancy, shall be deemed
    extinguished as of the date of the transfer.
    (d) Extinguishment of title
      (1) All claims and all right, title, and interest that the Tribe,
    its Members, or any person or group of persons purporting to be
    Catawba Indians may have to aboriginal title, recognized title, or
    title by grant, patent, or treaty to the lands located anywhere in
    the United States are hereby extinguished.
      (2) This extinguishment of claims shall also extinguish title to
    any hunting, fishing, or water rights or rights to any other
    natural resource claimed by the Tribe or a Member based on
    aboriginal or treaty recognized title, and all trespass damages and
    other damages associated with use, occupancy or possession, or
    entry upon such lands.
    (e) Bar to future claims
      The United States is hereby barred from asserting by or on behalf
    of the Tribe or any of its Members, or anyone purporting to be a
    Member, any claim arising before the effective date of this
    subchapter from the transfer of any land or natural resources by
    deed or other grant, or by treaty, compact, or act of law, on the
    grounds that such transfer was not made in accordance with the laws
    of South Carolina or the Constitution or laws of the United States.
    (f) No derogation of fee simple in Existing Reservation, or effect
      on Members' fee interests
      Nothing in this subchapter shall be construed to diminish or
    derogate from the Tribe's estate in the Existing Reservation; or to
    divest or disturb title in any land conveyed to any person or
    entity as a result of the Termination Act and the liquidation and
    partition of tribal lands; or to divest or disturb the right, title
    and interest of any Member in any fee simple, leasehold or
    remainder estate or any equitable or beneficial right or interest
    any such Member may own individually and not as a Member of the
    Tribe.
    (g) Costs and attorneys' fees
      The parties to the Suits shall bear their own costs and
    attorneys' fees. As provided by section 6.4 of the Settlement
    Agreement, the Secretary shall pay to the Tribe's attorneys in the
    Suits attorneys' fees and expenses from, and not to exceed 10
    percent of, the $50,000,000 obligated for payment to the Tribe by
    Federal, State, local, and private parties pursuant to section 5 of
    the Settlement Agreement.
    (h) Personal claims not affected
      Nothing in this section shall be deemed to affect, diminish, or
    eliminate the personal claim of any individual Indian which is
    pursued under any law of general applicability (other than Federal
    common law fraud) that protects non-Indians as well as Indians.
    (i) Federal payment
      In the event any of the Federal payments are not paid as set
    forth in section 941c of this title, such failure to pay shall give
    rise to a cause of action by the Tribe against the United States
    for money damages for the amount authorized to be paid to the Tribe
    in section 941c(a) of this title in settlement of the Tribe's
    claim, and the Tribe is authorized to bring an action in the United
    States Court of Claims for such funds plus applicable interest. The
    United States hereby waives any affirmative defense to such action.
    (j) State payment
      In the event any of the State payments are not paid as set forth
    in section 941c of this title, such failure to pay shall give rise
    to a cause of action in the United States District Court for the
    District of South Carolina by the Tribe against the State of South
    Carolina for money damages for the amount authorized to be paid to
    the Tribe by the State in Sec. 27-16-50(A) of the State Act in
    settlement of the Tribe's claim. Pursuant to Sec. 27-16-50(E) of
    the State Act, the State of South Carolina waives any Eleventh
    Amendment immunity to such action.

-SOURCE-
    (Pub. L. 103-116, Sec. 6, Oct. 27, 1993, 107 Stat. 1122.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the effective date of this subchapter, referred to in subsec.
    (e), see Effective Date note set out under section 941 of this
    title.

-End-



-CITE-
    25 USC Sec. 941e                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIII-A - CATAWBA INDIAN TRIBE OF SOUTH CAROLINA;
           RESTORATION OF FEDERAL TRUST RELATIONSHIP     

-HEAD-
    Sec. 941e. Base membership roll

-STATUTE-
    (a) Base membership roll criteria
      Within one year after October 27, 1993, the Tribe shall submit to
    the Secretary, for approval, its base membership roll. An
    individual is eligible for inclusion on the base membership roll if
    that individual is living on October 27, 1993, and - 
        (1) is listed on the membership roll published by the Secretary
      in the Federal Register on February 25, 1961 (26 FR 1680-1688,
      "Notice of Final Membership Roll"), and is not excluded under the
      provisions of subsection (c) of this section;
        (2) the Executive Committee determines, based on the criteria
      used to compile the roll referred to in paragraph (1), that the
      individual should have been included on the membership roll at
      that time, but was not; or
        (3) is a lineal descendant of a Member whose name appeared or
      should have appeared on the membership roll referred to in
      paragraph (1).
    (b) Base membership roll notice
      Within 90 days after October 27, 1993, the Secretary shall
    publish in the Federal Register, and in three newspapers of general
    circulation in the Tribe's service area, a notice stating - 
        (1) that a base membership roll is being prepared by the Tribe
      and that the current membership roll is open and will remain open
      for a period of 90 days;
        (2) the requirements for inclusion on the base membership roll;
        (3) the final membership roll published by the Secretary in the
      Federal Register on February 25, 1961;
        (4) the current membership roll as prepared by the Executive
      Committee and approved by the General Council; and
        (5) the name and address of the tribal or Federal official to
      whom inquiries should be made.
    (c) Completion of base membership roll
      Within 120 days after publication of notice under subsection (b)
    of this section, the Secretary, after consultation with the Tribe,
    shall prepare and publish in the Federal Register, and in three
    newspapers of general circulation in the Tribe's service area, a
    proposed final base membership roll of the Tribe. Within 60 days
    from the date of publication of the proposed final base membership
    roll, an appeal may be filed with the Executive Committee under
    rules made by the Executive Committee in consultation with the
    Secretary. Such an appeal may be filed by a Member with respect to
    the inclusion of any name on the proposed final base membership
    roll and by any person with respect to the exclusion of his or her
    name from the final base membership roll. The Executive Committee
    shall review such appeals and render a decision, subject to the
    Secretary's approval. If the Executive Committee and the Secretary
    disagree, the Secretary's decision will be final. All such appeals
    shall be resolved within 90 days following publication of the
    proposed roll. The final base membership roll of the Tribe shall
    then be published in the Federal Register, and in three newspapers
    of general circulation in the Tribe's service area, and shall be
    final for purposes of the distribution of funds from the Per Capita
    Trust Fund established under section 941i(h) of this title.
    (d) Future membership in Tribe
      The Tribe shall have the right to determine future membership in
    the Tribe; however, in no event may an individual be enrolled as a
    tribal member unless the individual is a lineal descendant of a
    person on the final base membership roll and has continued to
    maintain political relations with the Tribe.

-SOURCE-
    (Pub. L. 103-116, Sec. 7, Oct. 27, 1993, 107 Stat. 1124.)

-End-



-CITE-
    25 USC Sec. 941f                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIII-A - CATAWBA INDIAN TRIBE OF SOUTH CAROLINA;
           RESTORATION OF FEDERAL TRUST RELATIONSHIP     

-HEAD-
    Sec. 941f. Transitional and provisional government

-STATUTE-
    (a) Future tribal government
      The Tribe shall adopt a new constitution within 24 months after
    the effective date of this subchapter.
    (b) Executive Committee as transitional body
      (1) Until the Tribe has adopted a constitution, the existing
    tribal constitution shall remain in effect and the Executive
    Committee is recognized as the provisional and transitional
    governing body of the Tribe. Until an election of tribal officers
    under the new constitution, the Executive Committee shall - 
        (A) represent the Tribe and its Members in the implementation
      of this subchapter; and
        (B) during such period - 
          (i) have full authority to enter into contracts, grant
        agreements and other arrangements with any Federal department
        or agency; and
          (ii) have full authority to administer or operate any program
        under such contracts or agreements.

      (2) Until the initial election of tribal officers under a new
    constitution and bylaws, the Executive Committee shall - 
        (A) determine tribal membership in accordance with the
      provisions of section 941e of this title; and
        (B) oversee and implement the revision and proposal to the
      Tribe of a new constitution and conduct such tribal meetings and
      elections as are required by this subchapter.

-SOURCE-
    (Pub. L. 103-116, Sec. 8, Oct. 27, 1993, 107 Stat. 1125.)

-End-



-CITE-
    25 USC Sec. 941g                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIII-A - CATAWBA INDIAN TRIBE OF SOUTH CAROLINA;
           RESTORATION OF FEDERAL TRUST RELATIONSHIP     

-HEAD-
    Sec. 941g. Tribal constitution and governance

-STATUTE-
    (a) Indian Reorganization Act
      If the Tribe so elects, it may organize under the Act of June 18,
    1934 (25 U.S.C. 461 et seq.; commonly referred to as the "Indian
    Reorganization Act"). The Tribe shall be subject to such Act except
    to the extent such sections are inconsistent with this subchapter.
    (b) Adoption of new tribal constitution
      Within 180 days after the effective date of this subchapter, the
    Executive Committee shall draft and distribute to each Member
    eligible to vote under the tribal constitution in effect on the
    effective date of this subchapter, a proposed constitution and
    bylaws for the Tribe together with a brief, impartial description
    of the proposed constitution and bylaws and a notice of the date,
    time and location of the election under this subsection. Not sooner
    than 30 days or later than 90 days after the distribution of the
    proposed constitution, the Executive Committee shall conduct a
    secret-ballot election to adopt a new constitution and bylaws.
    (c) Majority vote for adoption; procedure in event of failure to
      adopt proposed constitution
      (1) The tribal constitution and bylaws shall be ratified and
    adopted if - 
        (A) not less than 30 percent of those entitled to vote do vote;
      and
        (B) approved by a majority of those actually voting.

      (2) If in any such election such majority does not approve the
    adoption of the proposed constitution and bylaws, the Executive
    Committee shall prepare another proposed constitution and bylaws
    and present it to the Tribe in the same manner provided in this
    section for the first constitution and bylaws. Such new proposed
    constitution and bylaws shall be distributed to the eligible voters
    of the Tribe no later than 180 days after the date of the election
    in which the first proposed constitution and bylaws failed of
    adoption. An election on the question of the adoption of the new
    proposal of the Executive Committee shall be conducted in the same
    manner provided in subsection (b) of this section for the election
    on the first proposed constitution and bylaws.
    (d) Election of tribal officers
      Within 120 days after the Tribe ratifies and adopts a
    constitution and bylaws, the Executive Committee shall conduct an
    election by secret ballot for the purpose of electing tribal
    officials as provided in the constitution and bylaws. Subsequent
    elections shall be held in accordance with the Tribe's constitution
    and bylaws.
    (e) Extension of time
      Any time periods prescribed in subsections (b) and (c) of this
    section may be altered by written agreement between the Executive
    Committee and the Secretary.

-SOURCE-
    (Pub. L. 103-116, Sec. 9, Oct. 27, 1993, 107 Stat. 1125.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Reorganization Act, referred to in subsec. (a), is act
    June 18, 1934, ch. 576, 48 Stat. 984, as amended, which is
    classified generally to subchapter V (Sec. 461 et seq.) of this
    chapter. For complete classification of this Act to the Code, see
    Short Title note set out under section 461 of this title and
    Tables.
      For the effective date of this subchapter, referred to in subsec.
    (b), see Effective Date note set out under section 941 of this
    title.

-End-



-CITE-
    25 USC Sec. 941h                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIII-A - CATAWBA INDIAN TRIBE OF SOUTH CAROLINA;
           RESTORATION OF FEDERAL TRUST RELATIONSHIP     

-HEAD-
    Sec. 941h. Administrative provisions relating to jurisdiction,
      taxation, and other matters

-STATUTE-
      In the administration of this subchapter:
        (1) All matters involving tribal powers, immunities, and
      jurisdiction, whether criminal, civil, or regulatory, shall be
      governed by the terms and provisions of the Settlement Agreement
      and the State Act, unless otherwise provided in this subchapter.
        (2) All matters pertaining to governance and regulation of the
      reservation (including environmental regulation and riparian
      rights) shall be governed by the terms and provisions of the
      Settlement Agreement and the State Act, including, but not
      limited to, section 17 of the Settlement Agreement and section 27-
      16-120 of the State Act, unless otherwise provided in this
      subchapter.
        (3) The Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et
      seq.) shall apply to Catawba Indian children except as provided
      in the Settlement Agreement.
        (4) Whether or not the Tribe, under section 941g(a) of this
      title, elects to organize under the Act of June 18, 1934 [25
      U.S.C. 461 et seq.], the Tribe, in any constitution adopted by
      the Tribe, may be authorized to exercise such authority as is
      consistent with the Settlement Agreement and the State Act.
        (5) In no event may the Tribe pledge or hypothecate the income
      or principal of the Catawba Education or Social Services and
      Elderly Trust Funds or otherwise use them as security or a source
      of payment for bonds the Tribe may issue.
        (6) The Indian Self-Determination and Education Assistance Act
      (25 U.S.C. 450 et seq.) shall apply to the Tribe except to the
      extent that such application may be inconsistent with this
      subchapter or the Settlement Agreement.

-SOURCE-
    (Pub. L. 103-116, Sec. 10, Oct. 27, 1993, 107 Stat. 1126.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Child Welfare Act of 1978, referred to in par. (3), is
    Pub. L. 95-608, Nov. 8, 1978, 92 Stat. 3069, as amended, which is
    classified principally to chapter 21 (Sec. 1901 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 1901 of this title and
    Tables.
      Act of June 18, 1934, referred to in par. (4), is act June 18,
    1934, ch. 576, 48 Stat. 984, as amended, popularly known as the
    Indian Reorganization Act, which is classified generally to
    subchapter V (Sec. 461 et seq.) of this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of this title and Tables.
      The Indian Self-Determination and Education Assistance Act,
    referred to in par. (6), is Pub. L. 93-638, Jan. 4, 1975, 88 Stat.
    2203, as amended, which is classified principally to subchapter II
    (Sec. 450 et seq.) of this chapter. For complete classification of
    this Act to the Code, see Short Title note set out under section
    450 of this title and Tables.

-End-



-CITE-
    25 USC Sec. 941i                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIII-A - CATAWBA INDIAN TRIBE OF SOUTH CAROLINA;
           RESTORATION OF FEDERAL TRUST RELATIONSHIP     

-HEAD-
    Sec. 941i. Tribal trust funds

-STATUTE-
    (a) Purposes of trust funds
      All funds paid pursuant to section 941c of this title, except for
    payments made pursuant to section 941d(g) of this title, shall be
    deposited with the Secretary in trust for the benefit of the Tribe.
    Separate trust funds shall be established for the following
    purposes: economic development, land acquisition, education, social
    services and elderly assistance, and per capita payments. Except as
    provided in this section, the Tribe, in consultation with the
    Secretary, shall determine the share of settlement payments to be
    deposited in each Trust Fund, and define, consistently with the
    provisions of this section, the purposes of each Trust Fund and
    provisions for administering each, specifically including
    provisions for periodic distribution of current and accumulated
    income, and for invasion and restoration of principal.
    (b) Outside management option
      (1) The Tribe, in consultation with and subject to the approval
    of the Secretary, as set forth in this section, is authorized to
    place any of the Trust Funds under professional management, outside
    the Department of the Interior.
      (2) If the Tribe elects to place any of the Trust Funds under
    professional management outside the Department of the Interior, it
    may engage a consulting or advisory firm to assist in the selection
    of an independent professional investment management firm, and it
    shall engage, with the approval of the Secretary, an independent
    investment management firm of proven competence and experience
    established in the business of counseling large endowments, trusts,
    or pension funds.
      (3) The Secretary shall have 45 days to approve or reject any
    independent investment management firm selected by the Tribe. If
    the Secretary fails to approve or reject the firm selected by the
    Tribe within 45 days, the investment management firm selected by
    the Tribe shall be deemed to have been approved by the Secretary.
      (4) Secretarial approval of an investment management firm shall
    not be unreasonably withheld, and any Secretarial disapproval of an
    investment management firm shall be accompanied by a detailed
    explanation setting forth the Secretary's reasons for such
    disapproval.
      (5)(A) For funds placed under professional management, the Tribe,
    in consultation with the Secretary and its investment manager,
    shall develop - 
        (i) current operating and long-term capital budgets; and
        (ii) a plan for managing, investing, and distributing income
      and principal from the Trust Funds to match the requirements of
      the Tribe's operating and capital budgets.

      (B) For each Trust Fund which the Tribe elects to place under
    outside professional management, the investment plan shall provide
    for investment of Trust Fund assets so as to serve the purposes
    described in this section and in the Trust Fund provisions which
    the Tribe shall establish in consultation with the Secretary and
    the independent investment management firm.
      (C) Distributions from each Trust Fund shall not exceed the
    limits on the use of principal and income imposed by the applicable
    provisions of this subchapter for that particular Trust Fund.
      (D)(i) The Tribe's investment management plan shall not become
    effective until approved by the Secretary.
      (ii) Upon submission of the plan by the Tribe to the Secretary
    for approval, the Secretary shall have 45 days to approve or reject
    the plan. If the Secretary fails to approve or disapprove the plan
    within 45 days, the plan shall be deemed to have been approved by
    the Secretary and shall become effective immediately.
      (iii) Secretarial approval of the plan shall not be unreasonably
    withheld and any secretarial rejection of the plan shall be
    accompanied by a detailed explanation setting forth the Secretary's
    reasons for rejecting the plan.
      (E) Until the selection of an established investment management
    firm of proven competence and experience, the Tribe shall rely on
    the management, investment, and administration of the Trust Funds
    by the Secretary pursuant to the provisions of this section.
    (c) Transfer of trust funds; exculpation of Secretary
      Upon the Secretary's approval of the Tribe's investment
    management firm and an investment management plan, all funds
    previously deposited in trust funds held by the Secretary and all
    funds subsequently paid into the trust funds, which are chosen for
    outside management, shall be transferred to the accounts
    established by an investment management firm in accordance with the
    approved investment management plan. The Secretary shall be
    exculpated by the Tribe from liability for any loss of principal or
    interest resulting from investment decisions made by the investment
    management firm. Any Trust Fund transferred to an investment
    management firm shall be returned to the Secretary upon written
    request of the Tribe, and the Secretary shall manage such funds for
    the benefit of the Tribe.
    (d) Land Acquisition Trust
      (1) The Secretary shall establish and maintain a Catawba Land
    Acquisition Trust Fund, and until the Tribe engages an outside firm
    for investment management of this trust fund, the Secretary shall
    manage, invest, and administer this trust fund. The original
    principal amount of the Land Acquisition Trust Fund shall be
    determined by the Tribe in consultation with the Secretary.
      (2) The principal and income of the Land Acquisition Trust Fund
    may be used for the purchase and development of Reservation and non-
    Reservation land pursuant to the Settlement Agreement, costs
    related to land acquisition, and costs of construction of
    infrastructure and development of the Reservation and non-
    Reservation land.
      (3)(A) Upon acquisition of the maximum amount of land allowed for
    expansion of the Reservation, or upon request of the Tribe and
    approval of the Secretary pursuant to the Secretarial approval
    provisions set forth in subsection (b)(5)(D) of this section, all
    or part of the balance of this trust fund may be merged into one or
    more of the Economic Development Trust Fund, the Education Trust
    Fund, or the Social Services and Elderly Assistance Trust Fund.
      (B) Alternatively, at the Tribe's election, the Land Acquisition
    Trust Fund may remain in existence after all the Reservation land
    is purchased in order to pay for the purchase of non-Reservation
    land.
      (4)(A) The Tribe may pledge or hypothecate the income and
    principal of the Land Acquisition Trust Fund to secure loans for
    the purchase of Reservation and non-Reservation lands.
      (B) Following the effective date of this subchapter and before
    the final annual disbursement is made as provided in section 941c
    of this title, the Tribe may pledge or hypothecate up to 50 percent
    of the unpaid annual installments required to be paid to this Trust
    Fund, the Economic Development Trust Fund and the Social Services
    and Elderly Assistance Trust Fund by section 941c of this title and
    by section 5 of the Settlement Agreement, to secure loans to
    finance the acquisition of Reservation or non-Reservation land or
    infrastructure improvements on such lands.
    (e) Economic Development Trust
      (1) The Secretary shall establish and maintain a Catawba Economic
    Development Trust Fund, and until the Tribe engages an outside firm
    for investment management of this Trust Fund, the Secretary shall
    manage, invest, and administer this Trust Fund. The original
    principal amount of the Economic Development Trust Fund shall be
    determined by the Tribe in consultation with the Secretary. The
    principal and income of this Trust Fund may be used to support
    tribal economic development activities, including but not limited
    to infrastructure improvements and tribal business ventures and
    commercial investments benefiting the Tribe.
      (2) The Tribe, in consultation with the Secretary, may pledge or
    hypothecate future income and up to 50 percent of the principal of
    this Trust Fund to secure loans for economic development. In
    defining the provisions for administration of this Trust Fund, and
    before pledging or hypothecating future income or principal, the
    Tribe and the Secretary shall agree on rules and standards for the
    invasion of principal and for repayment or restoration of
    principal, which shall encourage preservation of principal, and
    provide that, if feasible, a portion of all profits derived from
    activities funded by principal be applied to repayment of the Trust
    Fund.
      (3) Following the effective date of this subchapter and before
    the final annual disbursement is made as provided in section 941c
    of this title, the Tribe may pledge or hypothecate up to 50 percent
    of the unpaid annual installments required to be paid by section
    941c of this title and by section 5 of the Settlement Agreement to
    secure loans to finance economic development activities of the
    Tribe, including (but not limited to) infrastructure improvements
    on Reservation and non-Reservation lands.
      (4) If the Tribe develops sound lending guidelines approved by
    the Secretary, a portion of the income from this Trust Fund may
    also be used to fund a revolving credit account for loans to
    support tribal businesses or business enterprises of tribal
    members.
    (f) Education Trust
      The Secretary shall establish and maintain a Catawba Education
    Trust Fund, and until the Tribe engages an outside firm for
    investment management of this Trust Fund, the Secretary shall
    manage, invest, and administer this Trust Fund. The original
    principal amount of this Trust Fund shall be determined by the
    Tribe in consultation with the Secretary; subject to the
    requirement that upon completion of all payments into the Trust
    Funds, an amount equal to at least  1/3  of all State, local, and
    private contributions made pursuant to the Settlement Agreement
    shall have been paid into the Education Trust Fund. Income from
    this Trust Fund shall be distributed in a manner consistent with
    the terms of the Settlement Agreement. The principal of this Trust
    Fund shall not be invaded or transferred to any other Trust Fund,
    nor shall it be pledged or encumbered as security.
    (g) Social Services and Elderly Assistance Trust
      (1) The Secretary shall establish and maintain a Catawba Social
    Services and Elderly Assistance Trust Fund and, until the Tribe
    engages an outside firm for investment management of this Trust
    Fund, the Secretary shall manage, invest, and administer the Social
    Services and Elderly Assistance Trust Fund. The original principal
    amount of this Trust Fund shall be determined by the Tribe in
    consultation with the Secretary.
      (2) The income of this Trust Fund shall be periodically
    distributed to the Tribe to support social services programs,
    including (but not limited to) housing, care of elderly, or
    physically or mentally disabled Members, child care, supplemental
    health care, education, cultural preservation, burial and cemetery
    maintenance, and operation of tribal government.
      (3) The Tribe, in consultation with the Secretary, shall
    establish eligibility criteria and procedures to carry out this
    subsection.
    (h) Per Capita Payment Trust Fund
      (1) The Secretary shall establish and maintain a Catawba Per
    Capita Payment Trust Fund in an amount equal to 15 percent of the
    settlement funds paid pursuant to section 5 of the Settlement
    Agreement. Until the Tribe engages an outside firm for investment
    management of this Trust Fund, the Secretary shall manage, invest,
    and administer the Catawba Per Capita Payment Trust Fund.
      (2) Each person (or their estate) whose name appears on the final
    base membership roll of the Tribe published by the Secretary
    pursuant to section 941e(c) of this title will receive a one-time,
    non-recurring payment from this Trust Fund.
      (3) The amount payable to each member (!1) shall be determined by
    dividing the trust principal and any accrued interest thereon by
    the number of Members on the final base membership roll.

      (4)(A) Subject to the provisions of this paragraph, each enrolled
    member (!1) who has reached the age of 21 years on the date the
    final roll is published shall receive the payment on the date of
    distribution, which shall be as soon as practicable after date of
    publication of the final base membership roll. Adult Members shall
    be paid their pro rata share of this Trust Fund on the date of
    distribution unless they elect in writing to leave their pro rata
    share in the Trust Fund, in which case such share shall not be
    distributed.
      (B) The pro rata share of adult Members who elect not to withdraw
    their payment from this Trust Fund shall be managed, invested and
    administered, together with the funds of Members who have not
    attained the age of 21 years on the date the final base membership
    roll is published, until such Member requests in writing that their
    pro rata share be distributed, at which time such Member's pro rata
    share shall be paid, together with the net income of the Trust Fund
    allocable to such Member's share as of the date of distribution.
      (C) No member (!1) may elect to have their pro rata share managed
    by this Trust Fund for a period of more than 21 years after the
    date of publication of the final base membership roll.
      (5)(A) Subject to the provisions of this paragraph, the pro rata
    share of any Member who has not attained the age of 21 years on the
    date the final base membership roll is published shall be managed,
    invested and administered pursuant to the provisions of this
    section until such Member has attained the age of 21 years, at
    which time such Member's pro rata share shall be paid, together
    with the net income of the Trust Fund allocable to such Member's
    share as of the date of payment. Such Members shall be paid their
    pro rata share of this Trust Fund on the date they attain 21 years
    of age unless they elect in writing to leave their pro rata share
    in the Trust Fund, in which case such share shall not be
    distributed.
      (B) The pro rata share of such Members who elect not to withdraw
    their payment from this Trust Fund shall be managed, invested and
    administered, together with the funds of members (!1) who have not
    attained the age of 21 years on the date the final base membership
    roll is published, until such Member requests in writing that their
    pro rata share be distributed, at which time such Member's pro rata
    share shall be paid, together with the net income of the Trust Fund
    allocable to such Member's share as of the date of distribution.
      (C) No Member may elect to have their pro rata share retained and
    managed by this Trust Fund beyond the expiration of the period of
    21 years after the date of publication of the final base membership
    roll.
      (6) After payments have been made to all Members entitled to
    receive payments, this Trust Fund shall terminate, and any balance
    remaining in this Trust Fund shall be merged into the Economic
    Development Trust Fund, the Education Trust Fund, or the Social
    Services and Elderly Assistance Trust Fund, as the Tribe may
    determine.
    (i) Duration of trust funds
      Subject to the provisions of this section and with the exception
    of the Catawba Per Capita Payment Trust Fund, the Trust Funds
    established in accordance with this section shall continue in
    existence so long as the Tribe exists and is recognized by the
    United States. The principal of these Trust Funds shall not be
    invaded or distributed except as expressly authorized in this
    subchapter or in the Settlement Agreement.
    (j) Transfer of money among trust funds
      The Tribe, in consultation with the Secretary, shall have the
    authority to transfer principal and accumulated income between
    Trust Funds only as follows:
        (1) Funds may be transferred among the Catawba Economic
      Development Trust Fund, the Catawba Land Acquisition Trust Fund,
      and the Catawba Social Services and Elderly Assistance Trust
      Fund, and from any of those three Trust Funds into the Catawba
      Education Trust Fund; except, that the mandatory share of State,
      local, and private sector funds invested in the original corpus
      of the Catawba Education Trust Fund shall not be transferred to
      any other Trust Fund.
        (2) Any Trust Fund, except for the Catawba Education Trust
      Fund, may be dissolved by a vote of two-thirds of those Members
      eligible to vote, and the assets in such Trust Fund shall be
      transferred to the remaining Trust Funds; except, that (A) no
      assets shall be transferred from any of the Trust Funds into the
      Catawba Per Capita Payment Trust Fund, and (B) the mandatory
      share of State, local and private funds invested in the original
      corpus of the Catawba Education Trust Fund may not be transferred
      or used for any non-educational purposes.
        (3) The dissolution of any Trust Fund shall require the
      approval of the Secretary pursuant to the Secretarial approval
      provisions set forth in subsection (b)(5)(D) of this section.
    (k) Trust fund accounting
      (1) The Secretary shall account to the Tribe periodically, and at
    least annually, for all Catawba Trust Funds being managed and
    administered by the Secretary. The accounting shall - 
        (A) identify the assets in which the Trust Funds have been
      invested during the relevant period;
        (B) report income earned during the period, distinguishing
      current income and capital gains;
        (C) indicate dates and amounts of distributions to the Tribe,
      separately distinguishing current income, accumulated income, and
      distributions of principal; and
        (D) identify any invasions or repayments of principal during
      the relevant period and record provisions the Tribe has made for
      repayment or restoration of principal.

      (2)(A) Any outside investment management firm engaged by the
    Tribe shall account to the Tribe and separately to the Secretary at
    periodic intervals, at least quarterly. Its accounting shall - 
        (i) identify the assets in which the Trust Funds have been
      invested during the relevant period;
        (ii) report income earned during the period, separating current
      income and capital gains;
        (iii) indicate dates and amounts of distributions to the Tribe,
      distinguishing current income, accumulated income, and
      distributions of principal; and
        (iv) identify any invasions or repayments of principal during
      the relevant period and record provisions the Tribe has made for
      repayment or restoration of principal.

      (B) Prior to distributing principal from any Trust Fund, the
    investment management firm shall notify the Secretary of the
    proposed distribution and the Tribe's proposed use of such funds,
    following procedures to be agreed upon by the investment management
    firm, the Secretary, and the Tribe. The Secretary shall have 15
    days within which to object in writing to any such invasion of
    principal. Failure to object will be deemed approval of the
    distribution.
      (C) All Trust Funds held and managed by any investment management
    firm shall be audited annually by a certified public accounting
    firm approved by the Secretary, and a copy of the annual audit
    shall be submitted to the Tribe and to the Secretary within four
    months following the close of the Trust Funds' fiscal year.
    (l) Replacement of investment management firm and modification of
      investment management plan
      The Tribe shall not replace the investment management firm
    approved by the Secretary without prior written notification to the
    Secretary and approval by the Secretary of any investment
    management firm chosen by the Tribe as a replacement. Such
    Secretarial approval shall be given or denied in accordance with
    the Secretarial approval provisions contained in subsection
    (b)(5)(D) of this section. The Tribe and its investment management
    firm shall also notify the Secretary in writing of any revisions in
    the investment management plan which materially increase investment
    risk or significantly change the investment management plan, or the
    agreement, made in consultation with the Secretary pursuant to
    which the outside management firm was retained.
    (m) Trust funds not counted for certain purposes; use as matching
      funds
      None of the funds, assets, income, payments, or distributions
    from the Trust Funds established pursuant to this section shall at
    any time affect the eligibility of the Tribe or its Members for, or
    be used as a basis for denying or reducing funds to the Tribe or
    its Members under any Federal, State, or local program.
    Distributions from these Trust Funds may be used as matching funds,
    where appropriate, for Federal grants or loans.

-SOURCE-
    (Pub. L. 103-116, Sec. 11, Oct. 27, 1993, 107 Stat. 1127.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the effective date of this subchapter, referred to in
    subsecs. (d)(4)(B) and (e)(3), see Effective Date note set out
    under section 941 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.


-End-



-CITE-
    25 USC Sec. 941j                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIII-A - CATAWBA INDIAN TRIBE OF SOUTH CAROLINA;
           RESTORATION OF FEDERAL TRUST RELATIONSHIP     

-HEAD-
    Sec. 941j. Establishment of Expanded Reservation

-STATUTE-
    (a) Existing Reservation
      The Secretary is authorized to receive from the State, by such
    transfer document as the Secretary and the State shall approve, all
    rights, title, and interests of the State in and to the Existing
    Reservation to be held by the United States as trustee for the
    Tribe, and, effective on the date of such transfer, the obligation
    of the State as trustee for the Tribe with respect to such land
    shall cease.
    (b) Expanded Reservation
      (1) The Existing Reservation shall be expanded in the manner
    prescribed by the Settlement Agreement.
      (2) Within 180 days following October 27, 1993, the Secretary,
    after consulting with the Tribe, shall ascertain the boundaries and
    area of the existing reservation.(!1) In addition, the Secretary,
    after consulting with the Tribe, shall engage a professional land
    planning firm as provided in the Settlement Agreement. The
    Secretary shall bear the cost of all services rendered pursuant to
    this section.

      (3) The Tribe may identify, purchase and request that the
    Secretary place into reservation status, tracts of lands in the
    manner prescribed by the Settlement Agreement. The Tribe may not
    request that any land be placed in reservation status, unless those
    lands were acquired by the Tribe and qualify for reservation status
    in full compliance with the Settlement Agreement, including section
    14 thereof.
      (4) The Secretary shall bear the cost of all title examinations,
    preliminary subsurface soil investigations, and level one
    environmental audits to be performed on each parcel contemplated
    for purchase by the Tribe or the Secretary for the Expanded
    Reservation, and shall report the results to the Tribe. The
    Secretary's or the Tribe's payment of any option fee and the
    purchase price may be drawn from the Catawba Land Acquisition Trust
    Fund.
      (5) The total area of the Expanded Reservation shall be limited
    to 3,000 acres, including the Existing Reservation, but the Tribe
    may exclude from this limit up to 600 acres of additional land
    under the conditions set forth in the Settlement Agreement. The
    Tribe may seek to have the permissible area of the Expanded
    Reservation enlarged by an additional 600 acres as set forth in the
    Settlement Agreement.
      (6) All lands acquired for the Expanded Reservation may be held
    in trust together with the Existing Reservation which the State is
    to convey to the United States.
      (7) Nothing in this subchapter shall prohibit the Secretary from
    providing technical and financial assistance to the Tribe to
    fulfill the purposes of this section.
    (c) Expansion zones
      (1) Subject to the conditions, criteria, and procedures set forth
    in the Settlement Agreement, the Tribe shall endeavor at the outset
    to acquire contiguous tracts for the Expanded Reservation in the
    "Catawba Reservation Primary Expansion Zone", as defined in the
    Settlement Agreement.
      (2) Subject to the conditions, criteria, and procedures set forth
    in the Settlement Agreement, the Tribe may elect to purchase
    contiguous tracts in an alternative area, the "Catawba Reservation
    Secondary Expansion Zone", as defined in the Settlement Agreement.
      (3) The Tribe may propose different or additional expansion zones
    subject to the authorizations required in the Settlement Agreement
    and the State Act.
    (d) Non-contiguous tracts
      The Tribe, in consultation with the Secretary, shall take such
    actions as are reasonable to expand the Existing Reservation by
    assembling a composite tract of contiguous parcels that border and
    surround the Existing Reservation. Before requesting that any non-
    contiguous tract be placed in Reservation status, the Tribe shall
    comply with section 14 of the Settlement Agreement. Upon the
    approval of the Tribe's application under and in accordance with
    section 14 of the Settlement Agreement, the Secretary, in
    consultation with the Tribe, may proceed to place non-contiguous
    tracts in Reservation status. No purchases of non-contiguous tracts
    shall be made for the Reservation except as set forth in the
    Settlement Agreement and the State Act.
    (e) Voluntary land purchases
      (1) The power of eminent domain shall not be used by the
    Secretary or any governmental authority in acquiring parcels of
    land for the benefit of the Tribe, whether or not the parcels are
    to be part of the Reservation. All such purchases shall be made
    only from willing sellers by voluntary conveyances subject to the
    terms of the Settlement Agreement.
      (2) Notwithstanding any other provision of this section and the
    provisions of sections 3113 and 3114(a) to (d) of title 40, the
    Secretary or the Tribe may acquire a fractional interest in land
    otherwise qualifying under section 14 of the Settlement Agreement
    for treatment as Reservation land for the benefit of the Tribe from
    the ostensible owner of the land if the Secretary or the Tribe and
    the ostensible owner have agreed upon the identity of the land to
    be sold and upon the purchase price and other terms of sale. If the
    ostensible owner agrees to the sale, the Secretary may use
    condemnation proceedings to perfect or clear title and to acquire
    any interests of putative co-tenants whose address is unknown or
    the interests of unknown or unborn heirs or persons subject to
    mental disability.
    (f) Terms and conditions of acquisition
      All properties acquired by the Tribe shall be acquired subject to
    the terms and conditions set forth in the Settlement Agreement. The
    Tribe and the Secretary, acting on behalf of the Tribe and with its
    consent, are also authorized to acquire Reservation and non-
    Reservation lands using the methods of financing described in the
    Settlement Agreement.
    (g) Authority to erect permanent improvements on Existing and
      Expanded Reservation land and non-Reservation land held in trust
      Notwithstanding any other provision of law or regulation, the
    Attorney General of the United States shall approve any deed or
    other instrument which conveys to the United States lands purchased
    pursuant to the provisions of this section and the Settlement
    Agreement. The Secretary or the Tribe may erect permanent
    improvements of a substantial value, or any other improvements
    authorized by law on such land after such land is conveyed to the
    United States.
    (h) Easements over Reservation
      (1) The acquisition of lands for the Expanded Reservation shall
    not extinguish any easements or rights-of-way then encumbering such
    lands unless the Secretary or the Tribe enters into a written
    agreement with the owners terminating such easements or rights-of-
    way.
      (2)(A) The Tribe, with the approval of the Secretary, shall have
    the power to grant or convey easements and rights-of-way, in a
    manner consistent with the Settlement Agreement.
      (B) Unless the Tribe and the State agree upon a valuation formula
    for pricing easements over the Reservation, the Secretary shall be
    subject to proceedings for condemnation and eminent domain to
    acquire easements and rights of way for public purposes through the
    Reservation under the laws of the State in circumstances where no
    other reasonable access is available.
      (C) With the approval of the Tribe, the Secretary may grant
    easements or rights-of-way over the Reservation for private
    purposes, and implied easements of necessity shall apply to all
    lands acquired by the Tribe, unless expressly excluded by the
    parties.
    (i) Jurisdictional status
      Only land made part of the Reservation shall be governed by the
    special jurisdictional provisions set forth in the Settlement
    Agreement and the State Act.
    (j) Sale and transfer of Reservation lands
      With the approval of the Secretary, the Tribe may sell, exchange,
    or lease lands within the Reservation, and sell timber or other
    natural resources on the Reservation under circumstances and in the
    manner prescribed by the Settlement Agreement and the State Act.
    (k) Time limit on acquisitions
      All acquisitions of contiguous land to expand the Reservation or
    of non-contiguous lands to be placed in Reservation status shall be
    completed or under contract of purchase within 10 years from the
    date the last payment is made into the Land Acquisition Trust;
    except that for a period of 20 years after the date the last
    payment is made into the Catawba Land Acquisition Trust Fund, the
    Tribe may, subject to the limitation on the total size of the
    Reservation, continue to add parcels to up to two Reservation areas
    so long as the parcels acquired are contiguous to one of those two
    Reservation areas.
    (l) Leases of Reservation lands
      The provisions of section 415 of this title shall not apply to
    the Tribe and its Reservation. The Tribe is authorized to lease its
    Reservation lands for terms up to but not exceeding 99 years, with
    or without the approval of the Secretary. With regard to any lease
    of Reservation lands not approved by the Secretary, the Secretary
    shall be exculpated by the Tribe from any liability arising out of
    any loss incurred by the Tribe as a result of the unapproved lease.
    (m) Non-applicability of BIA land acquisition regulations
      The general land acquisition regulations of the Bureau of Indian
    Affairs, contained in part 151 of title 25, Code of Federal
    Regulations, shall not apply to the acquisition of lands authorized
    by this section.

-SOURCE-
    (Pub. L. 103-116, Sec. 12, Oct. 27, 1993, 107 Stat. 1133.)

-COD-
                               CODIFICATION                           
      "Sections 3113 and 3114(a) to (d) of title 40" substituted in
    subsec. (e)(2) for "the first section of the Act of August 1, 1888
    (ch. 728, 25 Stat. 357; 40 U.S.C. 257), and the first section of
    the Act of February 26, 1931 (ch. 307, 46 Stat. 1421; 40 U.S.C.
    258a)" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002,
    116 Stat. 1303, the first section of which enacted Title 40, Public
    Buildings, Property, and Works.

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.


-End-



-CITE-
    25 USC Sec. 941k                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIII-A - CATAWBA INDIAN TRIBE OF SOUTH CAROLINA;
           RESTORATION OF FEDERAL TRUST RELATIONSHIP     

-HEAD-
    Sec. 941k. Non-Reservation properties

-STATUTE-
    (a) Acquisition of non-Reservation properties
      The Tribe may draw upon the corpus or accumulated income of the
    Catawba Land Acquisition Trust Fund or the Catawba Economic
    Development Trust Fund to acquire and hold parcels of real estate
    outside the Reservation for the purposes and in the manner
    delineated in the Settlement Agreement. Jurisdiction and status of
    all non-Reservation lands shall be governed by section 15 of the
    Settlement Agreement.
    (b) Authority to dispose of lands
      Notwithstanding any other provision of law, the Tribe may lease,
    sell, mortgage, restrict, encumber, or otherwise dispose of such
    non-Reservation lands in the same manner as other persons and
    entities under State law, and the Tribe as land owner shall be
    subject to the same obligations and responsibilities as other
    persons and entities under State, Federal, and local law.
    (c) Restrictions
      Ownership and transfer of non-Reservation parcels shall not be
    subject to Federal law restrictions on alienation, including (but
    not limited to) the restrictions imposed by Federal common law and
    the provisions of section 177 of this title.

-SOURCE-
    (Pub. L. 103-116, Sec. 13, Oct. 27, 1993, 107 Stat. 1136.)

-End-



-CITE-
    25 USC Sec. 941l                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIII-A - CATAWBA INDIAN TRIBE OF SOUTH CAROLINA;
           RESTORATION OF FEDERAL TRUST RELATIONSHIP     

-HEAD-
    Sec. 941l. Games of chance

-STATUTE-
    (a) Inapplicability of Indian Gaming Regulatory Act
      The Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall
    not apply to the Tribe.
    (b) Games of chance generally
      The Tribe shall have the rights and responsibilities set forth in
    the Settlement Agreement and the State Act with respect to the
    conduct of games of chance. Except as specifically set forth in the
    Settlement Agreement and the State Act, all laws, ordinances, and
    regulations of the State, and its political subdivisions, shall
    govern the regulation of gambling devices and the conduct of
    gambling or wagering by the Tribe on and off the Reservation.

-SOURCE-
    (Pub. L. 103-116, Sec. 14, Oct. 27, 1993, 107 Stat. 1136.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Gaming Regulatory Act, referred to in subsec. (a), is
    Pub. L. 100-497, Oct. 17, 1988, 102 Stat. 2467, as amended, which
    is classified principally to chapter 29 (Sec. 2701 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 2701 of this title and
    Tables.

-End-



-CITE-
    25 USC Sec. 941m                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIII-A - CATAWBA INDIAN TRIBE OF SOUTH CAROLINA;
           RESTORATION OF FEDERAL TRUST RELATIONSHIP     

-HEAD-
    Sec. 941m. General provisions

-STATUTE-
    (a) Severability
      If any provision of section 941b(a), 941c, or 941d of this title
    is rendered invalid by the final action of a court, then all of
    this subchapter is invalid. Should any other section of this
    subchapter be rendered invalid by the final action of a court, the
    remaining sections of this subchapter shall remain in full force
    and effect.
    (b) Interpretation consistent with Settlement Agreement
      To the extent possible, this subchapter shall be construed in a
    manner consistent with the Settlement Agreement and the State Act.
    In the event of a conflict between the provisions of this
    subchapter and the Settlement Agreement or the State Act, the terms
    of this subchapter shall govern. In the event of a conflict between
    the State Act and the Settlement Agreement, the terms of the State
    Act shall govern. The Settlement Agreement and the State Act shall
    be maintained on file and available for public inspection at the
    Department of the Interior.
    (c) Laws and regulations of United States
      The provisions of any Federal law enacted after October 27, 1993,
    for the benefit of Indians, Indian nations, tribes, or bands of
    Indians, which would affect or preempt the application of the laws
    of the State to lands owned by or held in trust for Indians, or
    Indian nations, tribes, or bands of Indians, as provided in this
    subchapter and the South Carolina State Implementing Act, shall not
    apply within the State of South Carolina, unless such provision of
    such subsequently enacted Federal law is specifcally (!1) made
    applicable within the State of South Carolina.

    (d) Eligibility for consideration to become enterprise zone or
      general purpose foreign trade zone
      Notwithstanding the provisions of any other law or regulation,
    the Tribe shall be eligible to become, sponsor and operate (1) an
    "enterprise zone" pursuant to title VII of the Housing and
    Community Development Act of 1987 (42 U.S.C. 11501-11505) or any
    other applicable Federal (or State) laws or regulations; or (2) a
    "foreign-trade zone" or "subzone" pursuant to the Foreign Trade
    Zones Act of 1934, as amended (19 U.S.C. 81a-81u) and the
    regulations thereunder, to the same extent as other federally
    recognized Indian Tribes.
    (e) General applicability of State law
      Consistent with the provisions of section 941b(a)(2) of this
    title, the provisions of South Carolina Code Annotated, section 27-
    16-40, and section 19.1 of the Settlement Agreement are approved,
    ratified, and confirmed by the United States, and shall be complied
    with in the same manner and to the same extent as if they had been
    enacted into Federal law.
    (f) Subsequent amendments to Settlement Agreement or State Act
      Consent is hereby given to the Tribe and the State to amend the
    Settlement Agreement and the State Act if consent to such amendment
    is given by both the State and the Tribe, and if such amendment
    relates to - 
        (1) the jurisdiction, enforcement, or application of civil,
      criminal, regulatory, or tax laws of the Tribe and the State;
        (2) the allocation or determination of governmental
      responsibility of the State and the Tribe over specified subject
      matters or specified geographical areas, or both, including
      provision for concurrent jurisdiction between the State and the
      Tribe;
        (3) the allocation of jurisdiction between the tribal courts
      and the State courts; or
        (4) technical and other corrections and revisions to conform
      the State Act and the Agreement in Principle attached to the
      State Act to the Settlement Agreement.

-SOURCE-
    (Pub. L. 103-116, Sec. 15, Oct. 27, 1993, 107 Stat. 1136.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Housing and Community Development Act of 1987, referred to in
    subsec. (d), is Pub. L. 100-242, Feb. 5, 1988, 101 Stat. 1815, as
    amended. Title VII of the Act is classified principally to chapter
    120 (Sec. 11501 et seq.) of Title 42, The Public Health and
    Welfare. For complete classification of this Act to the Code, see
    Short Title of 1988 Amendment note under section 5301 of Title 42
    and Tables.
      The Foreign Trade Zones Act of 1934, referred to in subsec. (d),
    probably means act June 18, 1934, ch. 590, 48 Stat. 998, as
    amended, popularly known as the Foreign Trade Zones Act, which is
    classified generally to chapter 1A (Sec. 81a et seq.) of Title 19,
    Customs Duties. For complete classification of this Act to the
    Code, see Tables.

-FOOTNOTE-
    (!1) So in original. Probably should be "specifically".


-End-



-CITE-
    25 USC Sec. 941n                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIII-A - CATAWBA INDIAN TRIBE OF SOUTH CAROLINA;
           RESTORATION OF FEDERAL TRUST RELATIONSHIP     

-HEAD-
    Sec. 941n. Tax treatment of income and transactions

-STATUTE-
      Notwithstanding any provision of the State Act, the Settlement
    Agreement, or this subchapter (including any amendment made under
    section 941m(f) of this title), nothing in this subchapter, the
    State Act, or the Settlement Agreement - 
        (1) shall amend or alter title 26, as amended, or any rules or
      regulations promulgated thereunder, or
        (2) shall affect the treatment under title 26 of any person or
      transaction other than by reason of the restoration of the trust
      relationship between the United States and the Tribe.

-SOURCE-
    (Pub. L. 103-116, Sec. 16, Oct. 27, 1993, 107 Stat. 1137.)

-End-


-CITE-
    25 USC SUBCHAPTER XLIV - AGUA CALIENTE (PALM SPRINGS)
           RESERVATION OF CALIFORNIA: EQUALIZATION OF
           ALLOTMENTS                                      01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIV - AGUA CALIENTE (PALM SPRINGS) RESERVATION OF
           CALIFORNIA: EQUALIZATION OF ALLOTMENTS        

-HEAD-
       SUBCHAPTER XLIV - AGUA CALIENTE (PALM SPRINGS) RESERVATION OF
                  CALIFORNIA: EQUALIZATION OF ALLOTMENTS

-End-



-CITE-
    25 USC Sec. 951                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIV - AGUA CALIENTE (PALM SPRINGS) RESERVATION OF
           CALIFORNIA: EQUALIZATION OF ALLOTMENTS        

-HEAD-
    Sec. 951. Authority to equalize allotments

-STATUTE-
      The Secretary of the Interior (hereinafter called the
    "Secretary") is authorized and directed to do whatever is necessary
    and proper to equalize as nearly as possible the values of all
    allotments of land on the Agua Caliente (Palm Springs) Reservation
    in California in accordance with the provisions of this subchapter.

-SOURCE-
    (Pub. L. 86-339, Sec. 1, Sept. 21, 1959, 73 Stat. 602.)


-MISC1-
                                SHORT TITLE                            
      Pub. L. 86-339, Sept. 21, 1959, 73 Stat. 602, as amended, which
    enacted this subchapter, is popularly known as the "Aqua Caliente
    Equalization Act of 1959".

    EXPIRATION OF RESTRICTION ON DISTRIBUTION OF REVENUES FROM MINERAL
                              SPRINGS PARCEL
      Pub. L. 105-308, Oct. 30, 1998, 112 Stat. 2932, provided that:

      "SECTION 1. FINDINGS.
      "Congress finds that - 
        "(1) among its purposes, the Act entitled 'An Act to provide
      for the equalization of allotments on the Agua Caliente (Palm
      Springs) Reservation in California, and for other purposes',
      approved September 21, 1959, commonly known as the 'Agua Caliente
      Equalization Act of 1959' (25 U.S.C. 951 et seq.) (referred to in
      this section as the 'Act') was intended to provide for a
      reasonable degree of equalization of the value of allotments made
      to members of the Agua Caliente Band of Cahuilla Indians;
        "(2) the Act was enacted in response to litigation in Federal
      courts in Segundo, et al. v. United States, 123 F. Supp. 554
      (1954);
        "(3) the case referred to in paragraph (2) was appealed under
      the case name United States v. Pierce, 235 F. 2d 885 (1956) and
      that case affirmed the entitlement of certain members of the Band
      to allotments of approximately equal value to lands allotted to
      other members of the Band;
        "(4)(A) to achieve the equalization referred to in paragraph
      (3), section 3 of the Act (25 U.S.C. 953) provided for the
      allotment or sale of all remaining tribal lands, with the
      exception of several specifically designated parcels, including 2
      parcels in the Mineral Springs area known as parcel A and parcel
      B;
        "(B) section 3 of the Act restricted the distribution of any
      net rents, profits, or other revenues derived from parcel B to
      members of the Band and their heirs entitled to equalization of
      the value of the allotments of those members;
        "(C) from 1959 through 1984, each annual budget of the Band, as
      approved by the Bureau of Indian Affairs, provided for
      expenditure of all revenues derived from both parcel A and parcel
      B solely for tribal governmental purposes; and
        "(D) as a result of the annual budgets referred to in
      subparagraph (C), no net revenues from parcel B were available
      for distribution to tribal members entitled to equalization under
      section 3 of the Act referred to in paragraph (1);
        "(5) by letter of December 6, 1961, the Director of the
      Sacramento Area Office of the Bureau of Indian Affairs informed
      the regional solicitor of the Bureau of Indian Affairs that the
      equalization of allotments on the Agua Caliente Reservation with
      respect to those members of the Band who were eligible for
      equalization had been completed using all available excess tribal
      land in a manner consistent with - 
          "(A) the decree of the court in the case referred to in
        paragraph (2); and
          "(B) the Act;
        "(6) in 1968, the files of the Department of the Interior with
      respect to the case referred to in paragraph (3), the closure of
      which was contingent upon completion of the equalization program,
      were retired to the Federal Record Center, where they were
      subsequently destroyed;
        "(7) on March 16, 1983, the Secretary of the Interior published
      notice in the Federal Register that full equalization had been
      achieved within the meaning of section 7 of the Act (25 U.S.C.
      957);
        "(8) section 7 of the Act states that 'allotments in accordance
      with the provisions of this Act shall be deemed complete and full
      equalization of allotments on the Agua Caliente Reservation'; and
        "(9) the regulations governing the equalization of allotments
      under the Act referred to in paragraph (1) were rescinded by the
      Secretary, effective March 31, 1983.

      "SEC. 2. DEFINITIONS.
      "In this Act:
        "(1) Band. - The term 'Band' means the Agua Caliente Band.
        "(2) Parcel b. - The term 'parcel B' means the parcel of land
      in the Mineral Springs area referred to as 'parcel B' in section
      3(b) of the Act entitled 'An Act to provide for the equalization
      of allotments on the Agua Caliente (Palm Springs) Reservation in
      California, and for other purposes', approved September 21, 1959,
      commonly known as the 'Agua Caliente Equalization Act of 1959'
      (25 U.S.C. 953(b)).
        "(3) Secretary. - The term 'Secretary' means the Secretary of
      the Interior.

      "SEC. 3. EQUALIZATION OF ALLOTMENTS.
      "(a) In General. - The full equalization of allotments within the
    meaning of section 7 of the Act entitled 'An Act to provide for the
    equalization of allotments on the Agua Caliente (Palm Springs)
    Reservation in California, and for other purposes', approved
    September 21, 1959, commonly known as the 'Agua Caliente
    Equalization Act of 1959' (25 U.S.C. 957) is deemed to have been
    completed.
      "(b) Expiration of Entitlement. - By reason of the achievement of
    the full equalization of allotments described in subsection (a),
    the entitlement of holders of equalized allotments to distribution
    of net revenues from parcel B under section 3(b) of the Act
    entitled 'An Act to provide for the equalization of allotments on
    the Agua Caliente (Palm Springs) Reservation in California, and for
    other purposes', approved September 21, 1959, commonly known as the
    'Agua Caliente Equalization Act of 1959' (25 U.S.C. 953(b)) shall
    be deemed to have expired.

      "SEC. 4. REMOVAL OF RESTRICTION.
      "(a) In General. - [Amended section 953(b) of this title.]
      "(b) Applicability. - The amendment made by subsection (a) shall
    apply as if this section had been enacted on March 31, 1983.
      "(c) Subsequent Distributions. - Any per capita distribution of
    tribal revenues of the Band made after the date of enactment of
    this Act [Oct. 30, 1998] shall be made to all members of the Band
    in equal amounts."

-End-



-CITE-
    25 USC Sec. 952                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIV - AGUA CALIENTE (PALM SPRINGS) RESERVATION OF
           CALIFORNIA: EQUALIZATION OF ALLOTMENTS        

-HEAD-
    Sec. 952. Members entitled to allotment; prohibition against
      further allotments

-STATUTE-
      Any member of the Agua Caliente Band (hereinafter called the
    "band") who is living on September 21, 1959, and who has not
    received an allotment of land shall be given an allotment in
    accordance with the provisions of law existing prior to this Act.
    No further allotments of land shall thereafter be made to any other
    or future born members of the band, or to their heirs or devisees,
    except for the purpose of equalization. This prohibition against
    further allotments shall not be construed as a closing of the
    band's membership rolls.

-SOURCE-
    (Pub. L. 86-339, Sec. 2, Sept. 21, 1959, 73 Stat. 602.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The words "prior to this Act", referred to in text, mean prior to
    enactment of Act Sept. 21, 1959, Pub. L. 86-339.

-End-



-CITE-
    25 USC Sec. 953                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIV - AGUA CALIENTE (PALM SPRINGS) RESERVATION OF
           CALIFORNIA: EQUALIZATION OF ALLOTMENTS        

-HEAD-
    Sec. 953. Lands

-STATUTE-
    (a) Determination of value of unallotted and allotted lands;
      exclusion of deceased allottees' allotments
      The Secretary shall determine on the basis of the contract
    appraisals that were made in 1957 and 1958 (1) the value of all
    unallotted tribal land, and (2) the value of the allotment of each
    allottee who is living on September 21, 1959, excluding the value
    of any improvements thereon. Where lands of a living allottee have
    been sold under the supervision of the Secretary, their value for
    the purpose of equalization shall be the amount received from such
    sale, excluding the value assigned to any improvements thereon.
    Where lands of a living allottee have been fee patented to and sold
    by the allottee, their value for the purpose of equalization shall
    be the appraised value of the lands, excluding improvements, as of
    the time of the sale, regardless of the amount received from the
    sale. The allotments of allottees who are not living on September
    21, 1959 shall be excluded from the equalization program. All
    values so determined by the Secretary shall be final and conclusive
    for the purposes of this subchapter.
    (b) Lands not subject to allotment
      In no event shall the following tribal lands be subject to
    allotment, and they shall henceforth be set apart and designated as
    tribal reserves for the benefit and use of the band:
      Cemetery numbered 1, block 235, section 14, township 4 south,
    range 4 east.
      Cemetery numbered 2, as now constituted pursuant to secretarial
    order, comprising approximately two acres.
      Roman Catholic Church, as now constituted pursuant to secretarial
    order, comprising approximately two acres.
      Mineral Springs, lots 3a, 4a, 13, and 14, section 14, township 4
    south, range 4 east.
      San Andreas Canyon, west half southeast quarter, southeast
    quarter southeast quarter section 3, township 5 south, range 4
    east.
      Palm Canyon, south half and south half north half section 14,
    township 5 south, range 4 east; all section 24, township 5 south,
    range 4 east.
      Tahquitz Canyon, southwest quarter section 22, township 4 south,
    range 4 east; north half section 28, township 4 south, range 4
    east.
      Murray Canyon, east half section 10, township 5 south, range 4
    east.
    (c) Equalization for living members by allotment without regard to
      acreage limitations; creation of right by selection and approval;
      allotments made subject to laws and regulations
      On the basis of such values, the Secretary shall determine the
    highest level of equalization that is feasible for the members of
    the band who are living at the time of this Act by allotting all of
    the unallotted tribal land, except the reserved areas listed in
    subsection (b) of this section, without regard to acreage
    limitations heretofore imposed by law. Such unallotted tribal land
    shall then be allotted to those members who have received
    allotments with a value that is less than the equalization figure
    deemed feasible in accordance with procedures prescribed by the
    Secretary. No selection of an allotment pursuant to such procedures
    shall create a vested right in the land until all selections
    authorized by this subchapter have been made, included in one
    schedule, and approved by the Secretary. Allotments thereafter made
    shall be subject to the same laws and regulations that apply to
    other trust allotments on the Agua Caliente Reservation.
    (d) Portions in airport subject to allotment unless sold; procedure
      for sale; payment of sale proceeds in lieu of allotment
      The unallotted portions of section 18, township 4 south, range 5
    east, and section 12, township 4 south, range 4 east, that are in
    the municipal airport for the city of Palm Springs shall be subject
    to allotment as a part of the equalization program, subject to the
    following qualifications: If within thirty days after September 21,
    1959, a majority of the adult members of the band who are eligible
    to vote agree, the Secretary may offer to sell such land to the
    city for its appraised value on September 21, 1959, and the
    Secretary shall cause an independent appraisal thereof to be made
    by an appraiser he shall select who shall be approved jointly by
    the band and the city before proceeding with such appraisal, the
    costs for the appraisal to be shared by the band and the city;
    thereafter the Secretary shall review the completed appraisal and
    shall, if approved, then submit copies to both the band and the
    city for their approval which shall be either accepted or rejected
    in writing within thirty days; and if within three hundred and
    sixty-five days after joint acceptance of such appraisal by the
    band and the city, the city accepts the offer and tenders payment
    in full, the Secretary shall complete the sale, and any allottees
    who may have made or who may thereafter make an equalization
    selection from the lands sold to the city shall receive in lieu of
    the allotment selected his proportionate share of the proceeds of
    the sale.

-SOURCE-
    (Pub. L. 86-339, Sec. 3, Sept. 21, 1959, 73 Stat. 602; Pub. L. 105-
    308, Sec. 4(a), Oct. 30, 1998, 112 Stat. 2934.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The words "at the time of this Act", referred to in subsec. (c),
    mean at Sept. 21, 1959, the date of enactment of this subchapter.


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (b). Pub. L. 105-308, in undesignated par.
    relating to Mineral Springs, substituted "east." for "east:
    Provided, That no distribution to member of the band of the net
    rents, profits, and other revenues derived from that portion of
    these lands which is designated as 'parcel B' in the supplement
    dated September 8, 1958, to the lease by and between the Agua
    Caliente Band of Mission Indians and Palm Springs Spa dated January
    21, 1958, or of the net income derived from the investment of such
    net rents, profits, and other revenues or from the sale of said
    lands or of assets purchased with the net rents, profits, and other
    revenues aforesaid or with the net income from the investment
    thereof shall be made except to those enrolled members who are
    entitled to an equalization allotment or to a cash payment in
    satisfaction thereof under this subchapter or, in the case of such
    a member who died after September 21, 1959, to those entitled to
    participate in his estate, and any such distribution shall be per
    capita to living enrolled members and per stirpes to participants
    in the estate of a deceased member."

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-308 applicable as if it had been enacted
    on Mar. 31, 1983, see section 4(b) of Pub. L. 105-308, set out as
    an Expiration of Restriction on Distribution of Revenues From
    Mineral Springs Parcel note under section 951 of this title.

-End-



-CITE-
    25 USC Sec. 954                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIV - AGUA CALIENTE (PALM SPRINGS) RESERVATION OF
           CALIFORNIA: EQUALIZATION OF ALLOTMENTS        

-HEAD-
    Sec. 954. Powers and duties of guardians

-STATUTE-
    (a) Appointment and continuance in office; notice to Secretary of
      State court proceedings; appearance
      No guardian or other fiduciary shall be appointed under State law
    for the estate of any member of the band, or continued in office,
    except with approval of the Secretary: Provided, That no
    conservator for any member of the band shall be appointed under
    State law or continued in office after the effective date of this
    Act, unless the individual Indian concerned, with the approval of
    the Secretary, personally petitions for the appointment or
    continuation of such appointment. The Secretary shall be given
    notice of all proceedings in the State court with respect to the
    estate of any member of the band which is being administered, and
    he may at any time appear as a party in such proceedings, and may
    exercise all rights accorded to a party under State law.
    (b) Management and disposition of trust property and property
      subject to restrictions against alienation by guardians,
      conservators, or fiduciaries; approved activities; approval of
      activities
      No guardian, conservator or other fiduciary appointed under State
    law shall, in his official capacity, participate in the management
    or disposition of any property or interest therein which is held in
    trust by the United States for a member of the band or is subject
    to restrictions against alienation imposed by the laws of the
    United States, execute or approve any use, expenditure, investment,
    deposit, or disposition of such property or interest therein, or
    proceeds therefrom, or receive any fee or other compensation for
    services hereafter performed with respect to such property or
    interest therein. The provisions of this subsection shall not
    preclude any such person, in his private capacity, from
    participating in the management or disposition of such property or
    interest therein with the specific approval of the Secretary of the
    Interior. Actions with respect to the use, expenditure, investment,
    deposit, or disposition of such property or interests therein, or
    proceeds therefrom, shall be valid and efficacious in all respects
    without participation of affirmation by any guardian, conservator,
    or other fiduciary appointed under State law.
    (c) Reports by guardians; failure or refusal to report; fraudulent,
      capricious, arbitrary or grossly erroneous reports; prosecution;
      appropriate relief
      The Secretary, at any time, may require any guardian,
    conservator, or other fiduciary appointed under State law for a
    member of the band to submit a full and complete report concerning
    his handling of the estate during the preceding six years. If any
    person or entity required to do so by the Secretary fails or
    refuses to so report, or, if having reported, the Secretary
    concludes that any action connected therewith is fraudulent, or
    capricious or arbitrary or so grossly erroneous as necessarily to
    imply bad faith, he may request the Attorney General to cause an
    action to be brought in the name of the United States in the United
    States District Court for the Central District of California or in
    any such district court having jurisdiction over the person, or
    persons, and subject matter, for such relief as may be appropriate,
    and said courts are hereby granted jurisdiction to hear and
    determine such action.
    (d) Delivery to Secretary of money or property at termination of
      fiduciary relationship
      The Secretary may require any money or property in the possession
    of a fiduciary at the time the fiduciary relationship is
    terminated, or which is recovered pursuant to this subchapter, to
    be delivered to him to be held in trust for the individual Indian
    concerned.
    (e) Use and disposition of money or property held in trust by the
      United States by the Secretary; consent by competent Indian;
      determination of competency; applicability of administrative
      procedure under title 5; time and place of hearing; judicial
      review
      Under such regulations as he shall provide, and with the consent
    of the individual Indian concerned, unless the Secretary determines
    such Indian to be incompetent by reason of minority or otherwise,
    in which case such consent shall not be required, the Secretary may
    use, advance, expend, exchange, deposit, dispose of, invest and
    reinvest, in any manner and for any purpose, any money or other
    property held by the United States in trust for such Indian. The
    Secretary shall make no determination that an adult Indian is
    incompetent except after according him an opportunity to be heard
    upon reasonable notice, in accordance with the provisions of
    subchapter II of chapter 5 of title 5. Unless the Indian otherwise
    agrees, the hearing shall be held in the State of California within
    sixty days of the date of notice. A person aggrieved by a
    determination of incompetency made by the Secretary shall be
    entitled to judicial review of such determination in accordance
    with sections 701 to 706 of title 5.
    (f) Authority of the Secretary under other provisions unaffected
      Nothing herein shall be deemed to limit any authority possessed
    by the Secretary under any other provisions of law.

-SOURCE-
    (Pub. L. 86-339, Sec. 4, Sept. 21, 1959, 73 Stat. 604; Pub. L. 90-
    597, Oct. 17, 1968, 82 Stat. 1164.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The effective date of this Act, referred to in subsec. (a),
    probably means the date of enactment of Pub. L. 86-339, which was
    approved Sept. 21, 1959.

-COD-
                               CODIFICATION                           
      In subsec. (e), "subchapter II of chapter 5 of title 5"
    substituted for "the Administrative Procedure Act" on authority of
    Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first
    section of which enacted Title 5, Government Organization and
    Employees.


-MISC1-
                                AMENDMENTS                            
      1968 - Subsec. (a). Pub. L. 90-597 substituted provisions
    requiring Secretary to approve any guardian or other fiduciary
    appointed under State law for estate of any member of band or
    continued in office as guardian of estate, and provisions requiring
    Secretary to be given notice of State court proceedings involving
    estate of any member of band and power to appear in such
    proceedings, for provisions requiring Secretary to request
    appointment of a guardian of estate of minor allottees and adult
    allottees needing assistance.
      Subsecs. (b) to (f). Pub. L. 90-597 added subsecs. (b) to (f).

-End-



-CITE-
    25 USC Sec. 955                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIV - AGUA CALIENTE (PALM SPRINGS) RESERVATION OF
           CALIFORNIA: EQUALIZATION OF ALLOTMENTS        

-HEAD-
    Sec. 955. Tax exemption

-STATUTE-
      (a) The right to an equalization allotment or to a cash payment
    in lieu thereof pursuant to section 953(d) of this title, shall be
    transferable by will or descent in the same manner as are trust
    payments under existing law and shall not be subject to State or
    Federal inheritance, estate, legacy, or succession taxes.
      (b) A cash payment made in lieu of an equalization allotment
    pursuant to section 953(d) of this title shall not be regarded as
    income or capital gain for purposes of Federal or State income
    taxation and shall not, as long as it remains in the form of cash
    or a bank deposit in the ownership of the allottee, be subject to
    taxation as personal property. A payment and the income derived
    therefrom heretofore or hereafter made to an allottee as
    compensation for the acquisition of part or all of the allottee's
    allotment for a public purpose is - 
        (1) deemed a cash payment in lieu of an allotment for purposes
      of this subsection;
        (2) deemed a right under subsection (a) of this section; and
        (3) subject to sections 409a and 410 of this title.

-SOURCE-
    (Pub. L. 86-339, Sec. 5, Sept. 21, 1959, 73 Stat. 604; Pub. L. 100-
    581, title II, Sec. 216, Nov. 1, 1988, 102 Stat. 2941.)


-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (b). Pub. L. 100-581 inserted sentence at end
    relating to payment and income derived therefrom made as
    compensation for acquisition of part of all of allottee's allotment
    for public purpose.

-End-



-CITE-
    25 USC Sec. 956                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIV - AGUA CALIENTE (PALM SPRINGS) RESERVATION OF
           CALIFORNIA: EQUALIZATION OF ALLOTMENTS        

-HEAD-
    Sec. 956. Claims against allotments

-STATUTE-
    (a) Assignment, sale, hypothecation, attachment or levy void unless
      approved
      Equalization allotments made pursuant to this subchapter shall
    not be subject to assignment, sale, or hypothecation or to any
    attachment or levy for claims or debts created before or after
    September 21, 1959, without the written approval of the Secretary,
    and any such assignment, sale, hypothecation, attachment, or levy
    that has not been so approved by the Secretary shall be absolutely
    null and void.
    (b) Liens and lis pendens; legal services
      No equalization allotment made pursuant to this subchapter, and
    no basic allotment made prior to this Act, shall be subject to an
    equitable charging lien or other charge or lien or enforced sale
    for any advantage or benefit which the allottee has received or
    will receive under or as a consequence of enactment of this
    subchapter, nor shall any lis pendens heretofore or hereafter filed
    upon such lands while in a restricted status be of any effect or
    constitute notice of any action. Whoever directly or indirectly
    accepts or receives any money or other form of compensation for
    legal services in connection with such restricted lands from any
    person who has not expressly employed him as his attorney shall be
    liable, in a civil action brought by the payor or his heirs or
    devisees or by the United States on his behalf, for twice the
    amount so accepted or received unless, prior to the time of
    acceptance or receipt of said compensation, the right to such
    compensation has been determined and the amount thereof fixed by a
    formal order of the Federal court having jurisdiction to make such
    order. Nothing herein provided shall be construed to prevent any
    attorney from petitioning the Federal court having jurisdiction to
    fix and determine the fees to which he is entitled and to pursue
    and enforce payment thereof in any lawful manner after the court
    has made such order.

-SOURCE-
    (Pub. L. 86-339, Sec. 6, Sept. 21, 1959, 73 Stat. 604.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The words "prior to this Act", referred to in subsec. (b), mean
    prior to enactment of Act Sept. 21, 1959, Pub. L. 86-339.

-End-



-CITE-
    25 USC Sec. 957                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIV - AGUA CALIENTE (PALM SPRINGS) RESERVATION OF
           CALIFORNIA: EQUALIZATION OF ALLOTMENTS        

-HEAD-
    Sec. 957. Allotments deemed full equalization

-STATUTE-
      Allotments in accordance with the provisions of this subchapter
    shall be deemed complete and full equalization of allotments on the
    Agua Caliente Reservation.

-SOURCE-
    (Pub. L. 86-339, Sec. 7, Sept. 21, 1959, 73 Stat. 605.)

-End-



-CITE-
    25 USC Sec. 958                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIV - AGUA CALIENTE (PALM SPRINGS) RESERVATION OF
           CALIFORNIA: EQUALIZATION OF ALLOTMENTS        

-HEAD-
    Sec. 958. Organization and transfer of title to legal entity

-STATUTE-
      The band may, at any time it wishes to do so, organize a legal
    entity under the laws of the State of California and request the
    Secretary to transfer to such legal entity title to the lands in
    the reserves established by section 953(b) of this title. The
    Secretary shall transfer an unrestricted title to such property if
    the organization of the legal entity and request for the transfer
    have been approved by a majority of the adult members of the band
    who are eligible to vote, and if in the judgment of the Secretary
    the legal entity is organized in a form and manner that is fair to
    all members of the band: Provided, however, That if the lands to
    which the proviso to the fourth item in section 953(b) of this
    title is applicable are transferred to such an entity, they shall
    be held by it subject to the terms provided in said proviso, and
    the rights and duties therein set forth shall be preserved and
    reflected in any distribution of securities of, or other evidences
    of participation in, said entity.

-SOURCE-
    (Pub. L. 86-339, Sec. 8, Sept. 21, 1959, 73 Stat. 605.)

-End-


-CITE-
    25 USC SUBCHAPTER XLV - OMAHA TRIBE: DISTRIBUTION OF
           JUDGMENT FUND                                   01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLV - OMAHA TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
        SUBCHAPTER XLV - OMAHA TRIBE: DISTRIBUTION OF JUDGMENT FUND    

-End-



-CITE-
    25 USC Sec. 961                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLV - OMAHA TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 961. Membership roll; preparation; eligibility for enrollment;
      applications for enrollment; protests; finality of determination

-STATUTE-
      The Secretary of the Interior is authorized and directed,
    pursuant to such regulations as may be issued by him, to prepare a
    roll of Omaha Indians whose names appear on the Omaha allotment
    rolls finally approved pursuant to the Acts of Congress of August
    7, 1882, (22 Stat. 341) and March 3, 1893 (27 Stat. 612), and who
    are living on September 14, 1961, and the descendants of such
    allottees who are born and living on September 14, 1961 and who
    possess Omaha blood of the degree of one-fourth or more regardless
    of whether such allottees are living or deceased: Provided, That no
    person who is enrolled with any other tribe of Indians or who has
    received an allotment of land on any other reservation shall be
    enrolled under the provisions of this subchapter unless the
    application for enrollment by such person is approved by a two-
    thirds vote of the governing body of the Omaha Tribe of Nebraska.
    Applications for enrollment must be filed with the area director of
    the Bureau of Indian Affairs, Aberdeen, South Dakota, within four
    months after September 14, 1961. For a period of three months
    thereafter, the Secretary shall permit the examination of the
    applications by the governing body of the Omaha Tribe of Nebraska
    for the purpose of lodging protests against any application. The
    determination of the Secretary regarding the eligibility of an
    applicant shall be final.

-SOURCE-
    (Pub. L. 87-235, Sec. 1, Sept. 14, 1961, 75 Stat. 508.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Acts of Congress of August 7, 1882, and March 3, 1893, referred
    to in text, are acts Aug. 7, 1882, ch. 434, 22 Stat. 341, and Mar.
    3, 1893, ch. 209, 27 Stat. 612, respectively, which were not
    classified to the Code.

-End-



-CITE-
    25 USC Sec. 962                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLV - OMAHA TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 962. Membership roll; enrollment of children born after
      September 14, 1961

-STATUTE-
      The roll prepared pursuant to section 961 of this title shall
    constitute the membership roll of the Omaha Tribe of Nebraska as of
    September 14, 1961, notwithstanding the provisions of article II,
    section 1 of the tribal constitution, and children who are born
    after September 14, 1961, may be enrolled if they meet the
    requirements of section 1(b) of article II of the tribal
    constitution, applicable to children born after the date that
    amendment I to said constitution was approved, or any amendment
    thereof.

-SOURCE-
    (Pub. L. 87-235, Sec. 2, Sept. 14, 1961, 75 Stat. 508.)

-End-



-CITE-
    25 USC Sec. 963                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLV - OMAHA TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 963. Per capita distributions to tribal members; attorneys'
      fees and expenses; advances or expenditures from tribal funds;
      tax exemption

-STATUTE-
      Of the funds on deposit in the Treasury of the United States to
    the credit of the Omaha Tribe of Nebraska that were appropriated to
    pay a judgment by the Indian Claims Commission dated February 11,
    1960, and the interest thereon, after payment of attorneys' fees
    and expenses, the Secretary of the Interior shall make a per capita
    distribution of a sum up to a maximum of $750, to the extent
    available, to each person whose name appears on the roll prepared
    pursuant to section 961 of this title; and the balance of such
    funds after making payment of or provision for such per capita
    distribution and accrued and accruing interest, if any, may be
    advanced or expended for any purpose that is authorized by the
    tribal governing body and approved in writing by the Secretary. The
    funds so distributed shall not be subject to Federal or State
    income taxes.

-SOURCE-
    (Pub. L. 87-235, Sec. 3, Sept. 14, 1961, 75 Stat. 508.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 964                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLV - OMAHA TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 964. Distribution of shares

-STATUTE-
    (a) Payments to enrollees, next of kin, or legatees
      Except as provided in subsection (b) of this section, the
    Secretary shall distribute a per capita share payable to a living
    enrollee directly to such enrollee, and the Secretary shall
    distribute a per capita share payable to a deceased enrollee
    directly to his next of kin or legatees as determined by the laws
    of the place of domicile of the decedent upon proof of death and
    inheritance satisfactory to the Secretary, whose findings upon such
    proof shall be final and conclusive.
    (b) Payments to minors or persons under legal disability
      A share payable to a person under twenty-one years of age or to a
    person under a legal disability shall be paid in accordance with
    such procedures as the Secretary determines will adequately protect
    the best interests of such persons.

-SOURCE-
    (Pub. L. 87-235, Sec. 4, Sept. 14, 1961, 75 Stat. 508.)

-End-



-CITE-
    25 USC Sec. 965                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLV - OMAHA TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 965. Payments not subject to liens, debts, or claims;
      exception

-STATUTE-
      No part of any of the funds which may be so distributed shall be
    subject to any lien, debt, or claim of any nature whatsoever
    against the tribe or individual Indians except delinquent debts
    owed by the tribe to the United States or owed by individual
    Indians to the tribe or to the United States.

-SOURCE-
    (Pub. L. 87-235, Sec. 5, Sept. 14, 1961, 75 Stat. 509.)

-End-



-CITE-
    25 USC Sec. 966                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLV - OMAHA TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 966. Costs

-STATUTE-
      All costs incurred by the Secretary in the preparation of the
    roll and in the payment of the per capita shares in accordance with
    provisions of this subchapter shall be paid by appropriate
    withdrawals from the judgment fund.

-SOURCE-
    (Pub. L. 87-235, Sec. 6, Sept. 14, 1961, 75 Stat. 509.)

-End-



-CITE-
    25 USC Sec. 967                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLV - OMAHA TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 967. Rules and regulations

-STATUTE-
      The Secretary is authorized to prescribe rules and regulations to
    carry out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 87-235, Sec. 7, Sept. 14, 1961, 75 Stat. 509.)

-End-



-CITE-
    25 USC Sec. 967a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLV - OMAHA TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 967a. Per capita payments to enrolled tribal members; use of
      balance of funds

-STATUTE-
      From the funds on deposit in the Treasury of the United States to
    the credit of the Omaha Tribe of Nebraska that were appropriated by
    the Act of June 9, 1964, to pay a judgment obtained by the tribe in
    Indian Claims Commission docket numbered 138, after deduction of
    attorney fees, litigation expenses, and such sums as may be
    required to distribute individual shares, the Secretary of the
    Interior shall make a per capita distribution of no more than $270
    to each person living on November 2, 1966, whose name appears on
    the roll of the tribe prepared pursuant to section 961 of this
    title, and to each child living on November 2, 1966, who was born
    after September 14, 1961, and who possesses aboriginal Omaha blood
    of the degree of one-fourth or more except for any such child who
    is enrolled with any other tribe of Indians. The balance of such
    funds, and the interest thereon, may be advanced or expended for
    any purpose that is authorized by the tribal governing body and
    approved by the Secretary. The amount of $150,000 of said funds and
    any interest thereon shall not be distributed, advanced or expended
    until said $150,000 and any interest thereon becomes available for
    disbursement pursuant to the terms of the final judgment dated
    April 14, 1964, by the Indian Claims Commission in docket numbered
    138.

-SOURCE-
    (Pub. L. 89-717, Sec. 1, Nov. 2, 1966, 80 Stat. 1114.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 9, 1964, referred to in text, is Pub. L. 88-317, June
    9, 1964, 78 Stat. 204, which was not classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of Pub. L. 87-235, Sept. 14,
    1961, 75 Stat. 508, which comprises this subchapter.

-End-



-CITE-
    25 USC Sec. 967b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLV - OMAHA TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 967b. Payments to minors and persons under legal disability;
      shares under certain amount to revert to tribe

-STATUTE-
      Sums payable to persons or to their heirs or legatees who are
    less than twenty-one years of age or who are under a legal
    disability shall be paid in accordance with such procedures as the
    Secretary, after consultation with the tribal governing body,
    determines will adequately protect their best interests.
    Proportional shares of heirs or legatees amounting to $5 or less
    shall not be distributed and such amounts shall escheat to the
    Omaha Tribe of Nebraska.

-SOURCE-
    (Pub. L. 89-717, Sec. 2, Nov. 2, 1966, 80 Stat. 1115.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of Pub. L. 87-235, Sept. 14,
    1961, 75 Stat. 508, which comprises this subchapter.

-End-



-CITE-
    25 USC Sec. 967c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLV - OMAHA TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 967c. Tax exemption

-STATUTE-
      The funds distributed under the provisions of sections 967a to
    967d of this title shall not be subject to Federal or State income
    taxes.

-SOURCE-
    (Pub. L. 89-717, Sec. 3, Nov. 2, 1966, 80 Stat. 1115.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of Pub. L. 87-235, Sept. 14,
    1961, 75 Stat. 508, which comprises this subchapter.

-End-



-CITE-
    25 USC Sec. 967d                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLV - OMAHA TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 967d. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to prescribe rules
    and regulations to carry out the provisions of sections 967a to
    967d of this title.

-SOURCE-
    (Pub. L. 89-717, Sec. 4, Nov. 2, 1966, 80 Stat. 1115.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of Pub. L. 87-235, Sept. 14,
    1961, 75 Stat. 508, which comprises this subchapter.

-End-


-CITE-
    25 USC SUBCHAPTER XLVI - PONCA TRIBE OF NEBRASKA:
           TERMINATION OF FEDERAL SUPERVISION              01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVI - PONCA TRIBE OF NEBRASKA: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
     SUBCHAPTER XLVI - PONCA TRIBE OF NEBRASKA: TERMINATION OF FEDERAL
                                SUPERVISION

-End-



-CITE-
    25 USC Sec. 971                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVI - PONCA TRIBE OF NEBRASKA: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 971. Membership roll; preparation; eligibility for enrollment;
      protests against inclusion or omission from roll; finality of
      determination; publication of roll; publication of notice of
      agreement to division of assets; finality of roll

-STATUTE-
      The Secretary of the Interior shall, with the advice and
    assistance of the Ponca Tribe of Native Americans of Nebraska and
    pursuant to such regulations as he may prescribe, prepare a roll of
    the members of the tribe and record thereon persons whose names
    appeared on the census roll of April 1, 1934, and the supplement
    thereto of January 1, 1935, and their descendants of not less than
    one-quarter degree Indian blood of the Ponca Tribe, regardless of
    place of residence, who are living on September 5, 1962. He shall
    provide a reasonable opportunity for any person to protest against
    the inclusion or omission of any name on or from the roll and his
    decision on such protests shall be final and conclusive. After all
    protests are disposed of, the roll shall be published in the
    Federal Register. The Secretary shall thereupon give the adult
    members of the tribe whose names appear on the roll an opportunity
    to indicate their agreement or disagreement with a division of
    tribal assets in accordance with the provisions of this subchapter.
    If a majority of those indicating agreement or disagreement are
    favorable to such division, the Secretary shall publish in the
    Federal Register a notice of the fact and the roll prepared by him
    shall thereupon become final and sections 972 to 980 of this title
    shall become effective.

-SOURCE-
    (Pub. L. 87-629, Sec. 1, Sept. 5, 1962, 76 Stat. 429.)

-End-



-CITE-
    25 USC Sec. 972                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVI - PONCA TRIBE OF NEBRASKA: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 972. Personal property rights; restrictions

-STATUTE-
      Each member whose name appears on the final roll of the tribe as
    published in the Federal Register shall be entitled to receive in
    accordance with the provisions of this subchapter an equal share of
    the tribe's assets that are held in trust by the United States.
    This right shall constitute personal property which may be
    inherited or bequeathed, but it shall not otherwise be subject to
    alienation or encumbrance.

-SOURCE-
    (Pub. L. 87-629, Sec. 2, Sept. 5, 1962, 76 Stat. 429.)

-End-



-CITE-
    25 USC Sec. 973                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVI - PONCA TRIBE OF NEBRASKA: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 973. Distribution of assets

-STATUTE-
    (a) Tribal assets; time limitation
      All property of the United States used for the benefit of the
    Ponca Tribe of Native Americans of Nebraska is declared to be a
    part of the assets of the tribe, and all of the tribe's assets
    shall be distributed in accordance with the provisions of this
    section. The distribution shall be completed within three years
    from September 5, 1962, or as soon thereafter as practicable.
    (b) Designation of property for church, park, playground, or
      cemetery
      The tribe shall designate any part of the tribe's property that
    is to be set aside for church, park, playground, or cemetery
    purposes, and the Secretary is authorized to convey such property
    to trustees or agencies designated by the tribe for that purpose
    and approved by the Secretary.
    (c) Homesites; market value; improvements
      Each member may select for homesite purposes and receive title to
    not to exceed five acres of tribal land that is being used for
    homesite purposes by such member. The member shall pay the current
    market value of the homesite selection excluding any improvements
    or repairs constructed by such member, his wife, children, or
    ancestor, as determined by the Secretary of the Interior.
    (d) Sale of assets not selected; bidding
      All assets of the tribe that are not selected and conveyed to
    members shall be sold by competitive bid at not less than the
    current market value, and any member shall have the right to
    purchase property offered for sale for a price not less than the
    highest acceptable bid therefor. If more than one member exercises
    such right, the property shall be sold to the member exercising the
    right who offers the highest price.
    (e) Proceeds and tribal funds for payment of tribal debts;
      distributive share; set off; member purchases of tribal property
      The net proceeds of all sales of tribal property, and all other
    tribal funds, shall be used to pay, as authorized by the Secretary,
    any debts of the tribe. The remainder of such proceeds and funds
    shall be divided equally among the members whose names are on the
    final roll, or their heirs or legatees. Any debt owed by a member,
    heir, or legatee to the tribe or to the United States may be set
    off as authorized by the Secretary against the distributive share
    of such person. Any member of the tribe who purchases tribal
    property in accordance with this section may apply on the purchase
    price his share of the proceeds of all sales of tribal property,
    and the Secretary of the Interior shall adopt sales procedures that
    permit such action.

-SOURCE-
    (Pub. L. 87-629, Sec. 3, Sept. 5, 1962, 76 Stat. 429.)

-End-



-CITE-
    25 USC Sec. 974                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVI - PONCA TRIBE OF NEBRASKA: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 974. Sale of trust lands

-STATUTE-
    (a) Requisite owners' request; time limitation; bidding; member
      purchases; reservation of mineral rights; representation of
      minors, incompetents and missing owners
      The Secretary of the Interior is authorized to partition or to
    sell the complete interest (including any unrestricted interest) in
    any land in which an undivided interest is owned by a member of the
    Ponca Tribe of Native Americans of Nebraska in a trust or
    restricted status, provided the partition or sale is requested by
    the owners of a 25 per centum interest in the land, and the
    partition or sale is made within three years from September 5,
    1962. Any such sale shall be by competitive bid, except that with
    the concurrence of the owners of a 25 per centum interest in the
    land any owner of an interest in the land shall have the right to
    purchase the land within a reasonable time fixed by the Secretary
    of the Interior prior to a competitive sale at not less than its
    current market value. If more than one preference right is
    exercised, the sale shall be by competitive bid limited to the
    persons entitled to a preference. If the owners of a 25 per centum
    interest in the land so request, mineral rights may be reserved to
    the owners in an unrestricted status. The Secretary of the Interior
    may represent for the purposes of this section any Indian owner who
    is a minor, or who is non compos mentis, and, after giving
    reasonable notice of the proposed partition or sale by publication,
    he may represent an Indian owner who cannot be located.
    (b) Removal of restrictions; title to lands
      All restrictions on the alienation or taxation of interests in
    land that are owned by members of the Ponca Tribe of Native
    Americans of Nebraska three years after September 5, 1962 shall be
    deemed removed by operation of law, and an unrestricted title shall
    be vested in each such member.

-SOURCE-
    (Pub. L. 87-629, Sec. 4, Sept. 5, 1962, 76 Stat. 430.)

-End-



-CITE-
    25 USC Sec. 975                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVI - PONCA TRIBE OF NEBRASKA: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 975. Land surveys and execution of conveyances by Secretary;
      title of grantee

-STATUTE-
      The Secretary of the Interior is authorized to make such land
    surveys and to execute such conveyancing instruments as he deems
    necessary to convey marketable and recordable title to the
    individual and tribal assets disposed of pursuant to this
    subchapter. Each grantee shall receive an unrestricted title to the
    property conveyed.

-SOURCE-
    (Pub. L. 87-629, Sec. 5, Sept. 5, 1962, 76 Stat. 430.)

-End-



-CITE-
    25 USC Sec. 976                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVI - PONCA TRIBE OF NEBRASKA: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 976. Indian claims unaffected

-STATUTE-
      Nothing in this subchapter shall affect any claims heretofore
    filed against the United States by the Ponca Tribe of Native
    Americans of Nebraska.

-SOURCE-
    (Pub. L. 87-629, Sec. 6, Sept. 5, 1962, 76 Stat. 430.)

-End-



-CITE-
    25 USC Sec. 977                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVI - PONCA TRIBE OF NEBRASKA: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 977. Rights, privileges, and obligations under Nebraska laws
      unaffected

-STATUTE-
      Nothing in this subchapter shall affect the rights, privileges,
    or obligations of the tribe and its members under the laws of
    Nebraska.

-SOURCE-
    (Pub. L. 87-629, Sec. 7, Sept. 5, 1962, 76 Stat. 430.)

-End-



-CITE-
    25 USC Sec. 978                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVI - PONCA TRIBE OF NEBRASKA: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 978. Taxes; initial exemption; taxes following distribution;
      valuation for capital gains or losses

-STATUTE-
      No property distributed under the provisions of this subchapter
    shall at the time of distribution be subject to any Federal or
    State income tax. Following any distribution of property made under
    the provisions of this subchapter, such property and income derived
    therefrom by the distributee shall be subject to the same taxes,
    State and Federal as in the case of non-Indians: Provided, That for
    the purpose of capital gains or losses the base value of the
    property shall be the value of the property when distributed to the
    grantee.

-SOURCE-
    (Pub. L. 87-629, Sec. 8, Sept. 5, 1962, 76 Stat. 430.)

-End-



-CITE-
    25 USC Sec. 979                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVI - PONCA TRIBE OF NEBRASKA: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 979. Expenses; appropriation authorization

-STATUTE-
      Such amounts of tribal funds as may be needed to meet the
    expenses of the tribe under this subchapter, as approved by the
    Secretary of the Interior, shall be available for expenditure.
    There is authorized to be appropriated out of any moneys in the
    Treasury not otherwise appropriated such sums as may be necessary
    to reimburse the tribe for such expenditures, and carry out the
    responsibilities of the Secretary under the provisions of this
    subchapter.

-SOURCE-
    (Pub. L. 87-629, Sec. 9, Sept. 5, 1962, 76 Stat. 430.)

-End-



-CITE-
    25 USC Sec. 980                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVI - PONCA TRIBE OF NEBRASKA: TERMINATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 980. Termination of Federal trust; publication; termination of
      Federal services; application of Federal and State laws;
      citizenship status unaffected

-STATUTE-
      When the distribution of tribal assets in accordance with the
    provisions of this subchapter has been completed, the Secretary of
    the Interior shall publish in the Federal Register a proclamation
    declaring that the Federal trust relationship to such tribe and its
    members has terminated. Thereafter, the tribe and its members shall
    not be entitled to any of the special services performed by the
    United States for Indians or Indian tribes because of their Indian
    status, all statutes of the United States that affect Indians or
    Indian tribes because of their Indian status shall be inapplicable
    to them, and the laws of the several States shall apply to them in
    the same manner they apply to other persons or citizens within
    their jurisdiction. Nothing in this subchapter, however, shall
    affect the status of any Indian as a citizen of the United States.

-SOURCE-
    (Pub. L. 87-629, Sec. 10, Sept. 5, 1962, 76 Stat. 431.)

-End-


-CITE-
    25 USC SUBCHAPTER XLVI-A - PONCA TRIBE OF NEBRASKA:
           RESTORATION OF RIGHTS AND PRIVILEGES            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVI-A - PONCA TRIBE OF NEBRASKA: RESTORATION OF RIGHTS
           AND PRIVILEGES                                

-HEAD-
    SUBCHAPTER XLVI-A - PONCA TRIBE OF NEBRASKA: RESTORATION OF RIGHTS
                              AND PRIVILEGES

-End-



-CITE-
    25 USC Sec. 983                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVI-A - PONCA TRIBE OF NEBRASKA: RESTORATION OF RIGHTS
           AND PRIVILEGES                                

-HEAD-
    Sec. 983. Definitions

-STATUTE-
      For purposes of this subchapter - 
        (1) The term "Tribe" means the Ponca Tribe of Nebraska.
        (2) The term "Secretary" means the Secretary of the Interior or
      the designated representative of the Secretary of the Interior.
        (3) The term "Interim Council" means the Board of Directors of
      the Northern Ponca Restoration Committee, Inc.
        (4) The term "member" means a person who is enrolled on the
      membership roll of the Tribe of June 10, 1965, that was compiled
      by the Bureau of Indian Affairs or is entitled to be enrolled as
      a member of the Tribe under section 983e of this title.
        (5) The term "State" means the State of Nebraska.

-SOURCE-
    (Pub. L. 101-484, Sec. 2, Oct. 31, 1990, 104 Stat. 1167.)


-MISC1-
                                SHORT TITLE                            
      Section 1 of Pub. L. 101-484 provided that: "This Act [enacting
    this subchapter] may be cited as the 'Ponca Restoration Act'."

-End-



-CITE-
    25 USC Sec. 983a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVI-A - PONCA TRIBE OF NEBRASKA: RESTORATION OF RIGHTS
           AND PRIVILEGES                                

-HEAD-
    Sec. 983a. Federal recognition

-STATUTE-
      Federal recognition is hereby extended to the Ponca Tribe of
    Nebraska. All Federal laws of general application to Indians and
    Indian tribes (including the Act of June 18, 1934 (48 Stat. 984; 25
    U.S.C. 461, et seq.), popularly known as the Indian Reorganization
    Act) shall apply with respect to the Tribe and to the members.

-SOURCE-
    (Pub. L. 101-484, Sec. 3, Oct. 31, 1990, 104 Stat. 1167.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, referred to in text, popularly known as the
    Indian Reorganization Act, is classified generally to subchapter V
    (Sec. 461 et seq.) of this chapter. For complete classification of
    this Act to the Code, see Short Title note set out under section
    461 of this title and Tables.

-End-



-CITE-
    25 USC Sec. 983b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVI-A - PONCA TRIBE OF NEBRASKA: RESTORATION OF RIGHTS
           AND PRIVILEGES                                

-HEAD-
    Sec. 983b. Restoration of rights

-STATUTE-
    (a) Rights abrogated or diminished
      All rights and privileges of the Tribe which may have been
    abrogated or diminished before October 31, 1990, by reason of any
    provision of Public Law 87-629 [25 U.S.C. 971 et seq.] are hereby
    restored and such law shall no longer apply with respect to the
    Tribe or the members.
    (b) Rights existing prior to restoration
      Nothing in this subchapter may be construed to diminish any
    rights or privileges of the Tribe, or of the members, that exist
    prior to October 31, 1990.
    (c) Acceptance by Secretary of real property transferred for
      benefit of Tribe; exemption from taxation
      The Secretary shall accept not more than 1,500 acres of any real
    property located in Knox or Boyd Counties, Nebraska, that is
    transferred to the Secretary for the benefit of the Tribe. Such
    real property shall be accepted by the Secretary (subject to any
    rights, liens, or taxes that exist prior to the date of such
    transfer) in the name of the United States in trust for the benefit
    of the Tribe and shall be exempt from all taxes imposed by the
    Federal Government or any State or local government after such
    transfer. The Secretary may accept any additional acreage in Knox
    or Boyd Counties pursuant to his authority under the Act of June
    18, 1934 (25 U.S.C. 461 et seq.).
    (d) Effect on existing rights and obligations
      Except as otherwise specifically provided in any other provision
    of this subchapter, nothing in this subchapter may be construed as
    altering or affecting - 
        (1) any rights or obligations with respect to property,
        (2) any rights or obligations under any contract,
        (3) any hunting, fishing, trapping, gathering, or water rights
      of the Tribe or the members, or
        (4) any obligation to pay a tax levied before October 31, 1990.
    (e) Reservation status
      Reservation status shall not be granted any land acquired by or
    for the Tribe.

-SOURCE-
    (Pub. L. 101-484, Sec. 4, Oct. 31, 1990, 104 Stat. 1167.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 87-629, referred to in subsec. (a), is Pub. L. 87-629,
    Sept. 5, 1962, 76 Stat. 429, which is classified generally to
    subchapter XLVI (Sec. 971 et seq.) of this chapter. For complete
    classification of this Act to the Code, see Tables.
      Act of June 18, 1934, referred to in subsec. (c), popularly known
    as the Indian Reorganization Act, is classified generally to
    subchapter V (Sec. 461 et seq.) of this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of this title and Tables.

-End-



-CITE-
    25 USC Sec. 983c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVI-A - PONCA TRIBE OF NEBRASKA: RESTORATION OF RIGHTS
           AND PRIVILEGES                                

-HEAD-
    Sec. 983c. Services

-STATUTE-
      Notwithstanding any other provision of law, the Tribe and its
    members shall be eligible, on or after October 31, 1990, for all
    Federal services and benefits furnished to federally recognized
    tribes without regard to the existence of a reservation for the
    Tribe. In the case of Federal services available to members of
    federally recognized tribes residing on or near a reservation,
    members of the Tribe residing in Sarpy, Burt, Platte, Stanton,
    Holt, Hall, Wayne, Knox, Boyd, Madison, Douglas, or Lancaster
    Counties of Nebraska, Woodbury or Pottawattomie Counties of Iowa,
    or Charles Mix County of South Dakota shall be deemed to be
    residing on or near a reservation.

-SOURCE-
    (Pub. L. 101-484, Sec. 5, Oct. 31, 1990, 104 Stat. 1168; Pub. L.
    104-109, Sec. 12, Feb. 12, 1996, 110 Stat. 765.)


-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-109 inserted "Sarpy, Burt, Platte, Stanton,
    Holt, Hall, Wayne," before "Knox" and substituted ", Woodbury or
    Pottawattomie Counties of Iowa, or Charles Mix County" for "or
    Charles Mix County".

-End-



-CITE-
    25 USC Sec. 983d                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVI-A - PONCA TRIBE OF NEBRASKA: RESTORATION OF RIGHTS
           AND PRIVILEGES                                

-HEAD-
    Sec. 983d. Interim government

-STATUTE-
      Until such time as a constitution for the Tribe is adopted in
    accordance with section 983f(a) of this title and tribal officials
    are elected under section 983f(b) of this title, the Tribe shall be
    governed by the Interim Council.

-SOURCE-
    (Pub. L. 101-484, Sec. 6, Oct. 31, 1990, 104 Stat. 1168.)

-End-



-CITE-
    25 USC Sec. 983e                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVI-A - PONCA TRIBE OF NEBRASKA: RESTORATION OF RIGHTS
           AND PRIVILEGES                                

-HEAD-
    Sec. 983e. Membership roll

-STATUTE-
    (a) Accuracy pending adoption of tribal constitution
      Until a tribal constitution is adopted in accordance with section
    983f of this title, the Interim Council shall take such measures as
    will insure the continuing accuracy of the membership roll of the
    Tribe.
    (b) Eligibility pending adoption of tribal constitution; appeal of
      exclusion
      (1) Until a tribal constitution is adopted in accordance with
    section 983f of this title, an individual shall be eligible for
    membership in the Tribe, and the name of the individual shall be
    placed on the membership roll of the Tribe, if - 
        (A) the individual is living and is not an enrolled member of
      another Indian tribe that is recognized by the Federal
      Government, and
        (B) the individual - 
          (i) was listed on the tribal membership roll of June 18,
        1965, that was compiled by the Bureau of Indian Affairs,
          (ii) notwithstanding the application or appeal deadline
        dates, was entitled to be listed on the membership roll of June
        18, 1965, that was compiled by the Bureau of Indian Affairs,
        but was not listed, or
          (iii) is a lineal descendant of an individual, living or
        deceased, who is described in clause (i) or (ii).

      (2) Any individual who is excluded from the membership roll of
    the Tribe by the Interim Council may appeal to the Secretary for a
    determination of the eligibility of the individual for membership
    in the Tribe. Such determination by the Secretary shall be final.
    The Interim Council shall include on the membership roll any such
    individual that the Secretary determines in such an appeal to be
    eligible for membership in the Tribe.
    (c) Constitution as governing
      After adoption of a tribal constitution in accordance with
    section 983f of this title, the constitution of the Tribe shall
    govern membership in the Tribe.

-SOURCE-
    (Pub. L. 101-484, Sec. 7, Oct. 31, 1990, 104 Stat. 1168.)

-End-



-CITE-
    25 USC Sec. 983f                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVI-A - PONCA TRIBE OF NEBRASKA: RESTORATION OF RIGHTS
           AND PRIVILEGES                                

-HEAD-
    Sec. 983f. Tribal constitution

-STATUTE-
    (a) Adoption by secret ballot; absentee balloting
      Upon the completion of the tribal membership roll and upon the
    written request of the Interim Council, the Secretary shall
    conduct, by secret ballot, an election to adopt a constitution for
    the Tribe. Such constitution shall be submitted by the Interim
    Council to the Secretary no later than 1 year following October 31,
    1990. Absentee balloting shall be permitted regardless of voter
    residence. In every other regard, the election shall be held
    according to section 476 of this title.
    (b) Election of tribal officials
      Not later than 120 days after the Tribe adopts a tribal
    constitution, the Secretary shall conduct an election by secret
    ballot for the purpose of electing tribal officials as provided in
    the constitution. Said election shall be conducted according to the
    procedures stated in subsection (a) of this section except to the
    extent that said procedures conflict with the tribal constitution.
    (c) Governing body treated as Indian tribal government for purposes
      of taxation
      Notwithstanding any other provision of law, the governing body of
    the Tribe established under the constitution of the Tribe that is
    adopted under subsection (a) of this section shall be treated as an
    Indian tribal government for purposes of title 26.

-SOURCE-
    (Pub. L. 101-484, Sec. 8, Oct. 31, 1990, 104 Stat. 1169.)

-End-



-CITE-
    25 USC Sec. 983g                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVI-A - PONCA TRIBE OF NEBRASKA: RESTORATION OF RIGHTS
           AND PRIVILEGES                                

-HEAD-
    Sec. 983g. Regulations

-STATUTE-
      The Secretary shall prescribe such regulations as may be
    necessary to carry out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 101-484, Sec. 9, Oct. 31, 1990, 104 Stat. 1169.)

-End-



-CITE-
    25 USC Sec. 983h                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVI-A - PONCA TRIBE OF NEBRASKA: RESTORATION OF RIGHTS
           AND PRIVILEGES                                

-HEAD-
    Sec. 983h. Economic development plan

-STATUTE-
    (a) Establishment; submittal to Congress
      The Secretary shall - 
        (1) enter into negotiations with the governing body of the
      Tribe to establish a plan for economic development for the Tribe;
        (2) in accordance with this section, establish such a plan; and
        (3) upon the approval of such plan by the governing body of the
      Tribe (and after consultation with the State and local officials
      pursuant to subsection (b) of this section), shall (!1) submit
      such plan to the Congress by no later than the date that is 3
      years after October 31, 1990.

    (b) Consultation with State and local officials
      (1) To ensure that legitimate State and local interests are not
    prejudiced by the economic development plan established under
    subsection (a) of this section, the Secretary shall notify and
    consult with the appropriate officials of the State and all
    appropriate local governmental officials in the State with respect
    to the proposed economic development plan. The Secretary shall
    provide complete information on the proposed economic development
    plan to such officials, including the restrictions imposed on such
    plan by subsection (c) of this section.
      (2) During any consultation by the Secretary under this
    subsection, the Secretary shall provide such information as the
    Secretary may possess and shall request comments and additional
    information on the extent of any State or local service to the
    Tribe.
    (c) Required provisions
      Any economic development plan established by the Secretary under
    subsection (a) of this section shall provide that - 
        (1) real property acquired by or for the Tribe located in Knox
      or Boyd Counties, Nebraska, shall be taken by the Secretary in
      the name of the United States in trust for the benefit of the
      Tribe;
        (2) any real property taken in trust by the Secretary pursuant
      to such plan shall be subject to - 
          (A) all legal rights and interests in such land held by any
        person at the time of acquisition of such land by the
        Secretary, including any lien, mortgage, or previously levied
        and outstanding State or local tax, and
          (B) foreclosure or sale in accordance with the laws of the
        State of Nebraska pursuant to the terms of any valid obligation
        in existence at the time of the acquisition of such land by the
        Secretary; and

        (3) any real property transferred pursuant to such plan shall
      be exempt from Federal, State, and local taxation of any kind.
    (d) Statement regarding individuals consulted, and testimony or
      comments received by Secretary
      The Secretary shall append to the economic development plan
    submitted to the Congress under subsection (a) of this section a
    detailed statement - 
        (1) naming each individual consulted in accordance with
      subsection (b) of this section;
        (2) summarizing the testimony received by the Secretary
      pursuant to any such consultation; and
        (3) including any written comments or reports submitted to the
      Secretary by any individual named in paragraph (1).

-SOURCE-
    (Pub. L. 101-484, Sec. 10, Oct. 31, 1990, 104 Stat. 1169; Pub. L.
    102-497, Sec. 2, Oct. 24, 1992, 106 Stat. 3255.)


-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (a)(3). Pub. L. 102-497 substituted "3 years" for
    "2 years".

-FOOTNOTE-
    (!1) So in original. The word "shall" probably should not appear.


-End-


-CITE-
    25 USC SUBCHAPTER XLVII - CHEROKEE NATION: DISTRIBUTION
           OF JUDGMENT FUND                                01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVII - CHEROKEE NATION: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
     SUBCHAPTER XLVII - CHEROKEE NATION: DISTRIBUTION OF JUDGMENT FUND 

-End-



-CITE-
    25 USC Sec. 991                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVII - CHEROKEE NATION: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 991. Per capita payments to tribal members; closure of rolls;
      appropriations; accrued interest; deductions

-STATUTE-
      The Secretary of the Interior is authorized and directed to
    distribute per capita to all persons whose names appear on the
    rolls of the Cherokee Nation, which rolls were closed and made
    final as of March 4, 1907, pursuant to the Act of April 26, 1906
    (34 Stat. 137), and subsequent additions thereto, all funds which
    were appropriated by the Act of September 30, 1961 (75 Stat. 733),
    in satisfaction of a judgment that was obtained by the Cherokee
    Tribe in the Indian Claims Commission against the United States in
    docket numbered 173, together with the interest accrued thereon,
    except $1,432,084.17 which by stipulation of the parties has been
    set aside for the payments of any offsets that are finally
    determined to be due the United States, and except the amount
    allowed for attorney fees and expenses.

-SOURCE-
    (Pub. L. 87-775, Sec. 1, Oct. 9, 1962, 76 Stat. 776.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of April 26, 1906, referred to in text, is act Apr. 26, 1906,
    ch. 1876, 34 Stat. 137, which is set out as a note under section
    355 of this title.
      Act of September 30, 1961, referred to in text, is act Sept. 30,
    1961, Pub. L. 87-322, 75 Stat. 733. That portion of the act which
    appropriated the funds referred to was not classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 992                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVII - CHEROKEE NATION: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 992. Payments to adults, heirs or legatees; shares under
      certain amounts to revert to tribe; protection of minors and
      persons under legal disability

-STATUTE-
      (a) Except as provided in subsections (b) and (c) of this
    section, a share or proportional share payable to a living adult
    shall be paid directly to such adult; (b) a share payable to a
    deceased enrollee shall be distributed to his heirs or legatees
    upon the filing of proof of death and inheritance satisfactory to
    the Secretary of the Interior, or his authorized representative,
    whose findings and determinations upon such proof shall be final
    and conclusive: Provided, That proportional shares of deceased
    heirs amounting to $10 or less shall not be distributed, and no
    inherited share amounting to $5 or less shall be paid, and the
    money shall revert to the tribe; (c) a share or proportional share
    payable to a person under twenty-one years of age or to a person
    under legal disability shall be paid in accordance with such
    procedures as the Secretary determines will adequately protect the
    best interests of such persons.

-SOURCE-
    (Pub. L. 87-775, Sec. 2, Oct. 9, 1962, 76 Stat. 776.)

-End-



-CITE-
    25 USC Sec. 993                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVII - CHEROKEE NATION: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 993. Claims

-STATUTE-
    (a) Time for filing; reversion of funds upon failure to file
      All claims for per capita shares, whether by a living enrollee or
    by the heirs or legatees of a deceased enrollee, shall be filed
    with the Area Director of the Bureau of Indian Affairs, Muskogee,
    Oklahoma, not later than three years from October 9, 1962.
    Thereafter, all claims and the right to file same shall be forever
    barred and the unclaimed shares shall revert to the tribe.
    (b) Use of reverted funds
      Tribal funds that revert to the tribe pursuant to this
    subchapter, including interest and income therefrom, may be
    advanced or expended for any purpose that is authorized by the
    principal chief of the Cherokee Nation and approved by the
    Secretary of the Interior.

-SOURCE-
    (Pub. L. 87-775, Sec. 3, Oct. 9, 1962, 76 Stat. 776.)

-End-



-CITE-
    25 USC Sec. 994                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVII - CHEROKEE NATION: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 994. Tax exemption

-STATUTE-
      No part of any funds which may be distributed in accordance with
    the provisions of this subchapter shall be subject to Federal or
    State income tax.

-SOURCE-
    (Pub. L. 87-775, Sec. 4, Oct. 9, 1962, 76 Stat. 776.)

-End-



-CITE-
    25 USC Sec. 995                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVII - CHEROKEE NATION: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 995. Payments not subject to liens, debts, or claims;
      exception

-STATUTE-
      No part of any of the funds which may be so distributed shall be
    subject to any lien, debt, or claim of any nature whatsoever
    against the tribe or individual Indians except delinquent debts
    owed by the tribe to the United States, or owed by individual
    Indians to the tribe or to the United States.

-SOURCE-
    (Pub. L. 87-775, Sec. 5, Oct. 9, 1962, 76 Stat. 776.)

-End-



-CITE-
    25 USC Sec. 996                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVII - CHEROKEE NATION: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 996. Payments not "other income and resources"

-STATUTE-
      Payments made under this subchapter shall not be held to be
    "other income and resources", as that term is used in sections
    302(a)(10)(A), 602(a)(7),(!1) 1202(a)(8), and 1352(a)(8) of title
    42.


-SOURCE-
    (Pub. L. 87-775, Sec. 6, Oct. 9, 1962, 76 Stat. 776.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 602 of title 42, referred to in text, was repealed and a
    new section 602 enacted by Pub. L. 104-193, title I, Sec.
    103(a)(1), Aug. 22, 1996, 110 Stat. 2112, and, as so enacted,
    subsec. (a)(7) no longer contains the term "other income and
    resources".

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    25 USC Sec. 997                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVII - CHEROKEE NATION: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 997. Costs

-STATUTE-
      All costs incident to making the payments authorized by this
    subchapter shall be paid by appropriate withdrawals from the
    judgment fund and interest on the judgment fund, using the interest
    fund first.

-SOURCE-
    (Pub. L. 87-775, Sec. 7, Oct. 9, 1962, 76 Stat. 777.)

-End-



-CITE-
    25 USC Sec. 998                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVII - CHEROKEE NATION: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 998. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to prescribe rules
    and regulations to carry out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 87-775, Sec. 8, Oct. 9, 1962, 76 Stat. 777.)

-End-


-CITE-
    25 USC SUBCHAPTER XLVIII - SNAKE OR PAIUTE INDIANS OF
           OREGON: DISTRIBUTION OF JUDGMENT FUND           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVIII - SNAKE OR PAIUTE INDIANS OF OREGON: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    SUBCHAPTER XLVIII - SNAKE OR PAIUTE INDIANS OF OREGON: DISTRIBUTION
                             OF JUDGMENT FUND

-End-



-CITE-
    25 USC Sec. 1011                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVIII - SNAKE OR PAIUTE INDIANS OF OREGON: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1011. Membership roll; preparation; eligibility for
      enrollment; time for filing application; finality of Secretary's
      determination

-STATUTE-
      The Secretary of the Interior shall prepare a roll of the persons
    of Snake or Paiute Indian ancestry who meet the following
    requirements for eligibility: (1) They were born on or prior to and
    living on August 20, 1964; and (2) they were members of or are
    lineal descendants of members of the bands whose chiefs and headmen
    We-you-we-wa (Wewa), Gaha-nee, E-hi-gant (Egan), Po-nee, Chaw-wat-
    na-nee, Owits (Oits), and Tash-e-go, signed the unratified Treaty
    of December 10, 1868; and (3) they do not elect to participate as
    beneficiaries of any awards granted in the docket numbered 87 claim
    of the Northern Paiute Nation. Applications for enrollment must be
    filed with the area director of the Bureau of Indian Affairs,
    Portland, Oregon, within nine months after August 20, 1964 on forms
    prescribed for that purpose. The determination of the Secretary
    regarding utilization of available rolls or records and the
    eligibility for enrollment of an applicant shall be final.

-SOURCE-
    (Pub. L. 88-464, Sec. 1, Aug. 20, 1964, 78 Stat. 563.)

-End-



-CITE-
    25 USC Sec. 1012                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVIII - SNAKE OR PAIUTE INDIANS OF OREGON: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1012. Authorization to withdraw, prorate and distribute funds

-STATUTE-
      The Secretary is authorized and directed to withdraw the funds on
    deposit in the Treasury of the United States to the credit of the
    Snake or Paiute Tribe that were appropriated by the Act of April
    13, 1960 (74 Stat. 42), in satisfaction of a judgment that was
    obtained by the tribe in the Indian Claims Commission against the
    United States in docket numbered 17 together with the interest
    accrued thereon, after payment of attorney fees and expenses, as
    well as all other expenses, and to prorate such funds among those
    persons whose names appear on the roll prepared pursuant to section
    1011 of this title for distribution as hereinafter provided.

-SOURCE-
    (Pub. L. 88-464, Sec. 2, Aug. 20, 1964, 78 Stat. 563.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of April 13, 1960, referred to in text, is Pub. L. 86-424,
    Apr. 13, 1960, 74 Stat. 42. That portion of the act which
    appropriated the funds referred to was not classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 1013                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVIII - SNAKE OR PAIUTE INDIANS OF OREGON: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1013. Distribution; persons entitled; considerations; tax
      exemption

-STATUTE-
      The Secretary shall distribute shares payable to living persons
    enrolled pursuant to section 1011 of this title and shares payable
    to the heirs or legatees of deceased persons enrolled pursuant to
    section 1011 of this title according to rules and regulations which
    he shall prescribe, taking into account that in some instances a
    planned individual or group program for the use of shares may more
    properly serve the long-term interest of the enrollees than would
    direct, unsupervised per capita payment. The funds so distributed
    shall not be subject to Federal or State income tax.

-SOURCE-
    (Pub. L. 88-464, Sec. 3, Aug. 20, 1964, 78 Stat. 563.)

-End-



-CITE-
    25 USC Sec. 1014                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVIII - SNAKE OR PAIUTE INDIANS OF OREGON: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1014. Costs

-STATUTE-
      All costs incurred by the Secretary in the preparation of the
    rolls and in the distribution of payment of pro rata shares in
    accordance with the provisions of this subchapter shall be paid by
    appropriate withdrawals from the judgment fund.

-SOURCE-
    (Pub. L. 88-464, Sec. 4, Aug. 20, 1964, 78 Stat. 563.)

-End-



-CITE-
    25 USC Sec. 1015                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLVIII - SNAKE OR PAIUTE INDIANS OF OREGON: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1015. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to prescribe rules
    and regulations to carry out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 88-464, Sec. 5, Aug. 20, 1964, 78 Stat. 563.)

-End-


-CITE-
    25 USC SUBCHAPTER XLIX - SHAWNEE TRIBE OR NATION:
           DISTRIBUTION OF JUDGMENT FUND                   01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIX - SHAWNEE TRIBE OR NATION: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    SUBCHAPTER XLIX - SHAWNEE TRIBE OR NATION: DISTRIBUTION OF JUDGMENT
                                   FUND

-End-



-CITE-
    25 USC Sec. 1031                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIX - SHAWNEE TRIBE OR NATION: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1031. Disposition of funds

-STATUTE-
      The funds on deposit in the Treasury of the United States to the
    credit of the Shawnee Tribe or Nation that were appropriated by the
    Act of September 30, 1961 (75 Stat. 733), to pay a judgment that
    was obtained by the tribe or nation in the Indian Claims Commission
    for inadequate compensation for lands ceded to the United States
    under the treaty of May 10, 1854 (10 Stat. 1053), and the interest
    thereon, shall be divided on the basis of 514/1378ths to the
    Absentee Band of Shawnee Indians of Oklahoma; 747/1378ths to the
    Cherokee Band of Shawnee Indians of Oklahoma; and 117/1378ths to
    the Eastern Band of Shawnee Indians of Oklahoma, after payment of
    attorney fees and expenses of litigation.

-SOURCE-
    (Pub. L. 88-457, Sec. 1, Aug. 20, 1964, 78 Stat. 555.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of September 30, 1961, referred to in text, is Pub. L. 87-
    332, Sept. 30, 1961, 75 Stat. 733. That portion of the act which
    appropriated the funds referred to was not classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 1032                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIX - SHAWNEE TRIBE OR NATION: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1032. Absentee and Eastern Bands; authorization for use of
      funds by tribal governing bodies; approval of Secretary of the
      Interior

-STATUTE-
      The funds placed to the credit of the Absentee and the Eastern
    Bands of Shawnee Indians in the United States Treasury, and the
    interest thereon may be advanced or expended for any purpose and in
    such manner as the respective tribal governing bodies authorize and
    the Secretary of the Interior approves.

-SOURCE-
    (Pub. L. 88-457, Sec. 2, Aug. 20, 1964, 78 Stat. 555.)

-End-



-CITE-
    25 USC Sec. 1033                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIX - SHAWNEE TRIBE OR NATION: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1033. Cherokee Band; preparation of roll; eligibility for
      enrollment; rules and regulations

-STATUTE-
      For the purpose of determining individual interests in the funds
    placed to the credit of the Cherokee Band of Shawnee Indians
    pursuant to section 1031 of this title, the Secretary shall prepare
    a new roll based on the roll of Cherokee Shawnees prepared in
    accordance with the Act of March 2, 1889 (25 Stat. 994). Eligible
    for inclusion on this new payment roll shall be all persons living
    on August 20, 1964, (a) who are, themselves, listed on the 1889
    roll and (b) who are direct lineal descendants of persons listed on
    the 1889 roll. The Secretary may promulgate such rules and
    regulations as he considers necessary to carry out the purposes of
    this section.

-SOURCE-
    (Pub. L. 88-457, Sec. 3, Aug. 20, 1964, 78 Stat. 555.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of March 2, 1889, referred to in text, is act Mar. 2, 1889,
    ch. 412, 25 Stat. 994. Provisions of the act relating to roll of
    the Cherokee Shawnee were not classified to the Code.

-End-



-CITE-
    25 USC Sec. 1034                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIX - SHAWNEE TRIBE OR NATION: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1034. Cherokee Band; per capita distribution

-STATUTE-
      When the roll prepared pursuant to section 1033 of this title has
    been completed and finally approved, the Secretary shall withdraw
    from the Treasury the funds placed to the credit of the Cherokee
    Band of Shawnee Indians in accordance with section 1031 of this
    title, together with the interest accumulated thereon, and shall
    distribute them in equal per capita shares to persons whose names
    appear on the roll: Provided, That no person who receives a per
    capita payment from funds credited to the Cherokee Band of Shawnee
    Indians shall be permitted to share in any per capita distribution
    of the funds credited to the Absentee and Eastern Bands of Shawnee
    Indians.

-SOURCE-
    (Pub. L. 88-457, Sec. 4, Aug. 20, 1964, 78 Stat. 555.)

-End-



-CITE-
    25 USC Sec. 1035                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIX - SHAWNEE TRIBE OR NATION: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1035. Distribution of shares

-STATUTE-
    (a) Payments to enrollees, next of kin, or legatees
      Except as provided in subsection (b) of this section, the
    Secretary shall distribute a per capita share payable to a living
    enrollee directly to such enrollee, and the Secretary shall
    distribute a per capita share payable to a deceased enrollee
    directly to his next of kin or legatees upon proof of death and
    inheritance satisfactory to the Secretary, whose findings upon such
    proof shall be final and conclusive.
    (b) Payments to minors or persons under legal disability
      A share payable to a person under twenty-one years of age or to a
    person under legal disability shall be paid in accordance with such
    procedures as the Secretary determines will adequately protect the
    best interests of such persons.

-SOURCE-
    (Pub. L. 88-457, Sec. 5, Aug. 20, 1964, 78 Stat. 555.)

-End-



-CITE-
    25 USC Sec. 1036                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIX - SHAWNEE TRIBE OR NATION: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1036. Taxes

-STATUTE-
      No part of any of the funds distributed in accordance with this
    subchapter shall be subject to Federal or State income tax.

-SOURCE-
    (Pub. L. 88-457, Sec. 6, Aug. 20, 1964, 78 Stat. 556.)

-End-



-CITE-
    25 USC Sec. 1037                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIX - SHAWNEE TRIBE OR NATION: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1037. Costs

-STATUTE-
      All costs incurred by the Secretary in the preparation of the
    roll and in the payment of the per capita shares in accordance with
    the provisions of this subchapter shall be paid by withdrawals from
    the judgment fund of the appropriate band.

-SOURCE-
    (Pub. L. 88-457, Sec. 7, Aug. 20, 1964, 78 Stat. 556.)

-End-



-CITE-
    25 USC Sec. 1038                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIX - SHAWNEE TRIBE OR NATION: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1038. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to prescribe rules
    and regulations to carry out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 88-457, Sec. 8, Aug. 20, 1964, 78 Stat. 556.)

-End-


-CITE-
    25 USC SUBCHAPTER XLIX-A - SHAWNEE TRIBE STATUS             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIX-A - SHAWNEE TRIBE STATUS

-HEAD-
                 SUBCHAPTER XLIX-A - SHAWNEE TRIBE STATUS             

-End-



-CITE-
    25 USC Sec. 1041                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIX-A - SHAWNEE TRIBE STATUS

-HEAD-
    Sec. 1041. Findings

-STATUTE-
      Congress finds the following:
        (1) The Cherokee Shawnees, also known as the Loyal Shawnees,
      are recognized as the descendants of the Shawnee Tribe which was
      incorporated into the Cherokee Nation of Indians of Oklahoma
      pursuant to an agreement entered into by and between the Shawnee
      Tribe and the Cherokee Nation on June 7, 1869, and approved by
      the President on June 9, 1869, in accordance with Article XV of
      the July 19, 1866, Treaty between the United States and the
      Cherokee Nation (14 Stat. 799).
        (2) The Shawnee Tribe from and after its incorporation and its
      merger with the Cherokee Nation has continued to maintain the
      Shawnee Tribe's separate culture, language, religion, and
      organization, and a separate membership roll.
        (3) The Shawnee Tribe and the Cherokee Nation have concluded
      that it is in the best interests of the Shawnee Tribe and the
      Cherokee Nation that the Shawnee Tribe be restored to its
      position as a separate federally recognized Indian tribe and all
      current and historical responsibilities, jurisdiction, and
      sovereignty as it relates to the Shawnee Tribe, the Cherokee-
      Shawnee people, and their properties everywhere, provided that
      civil and criminal jurisdiction over Shawnee individually owned
      restricted and trust lands, Shawnee tribal trust lands, dependent
      Indian communities, and all other forms of Indian country within
      the jurisdictional territory of the Cherokee Nation and located
      within the State of Oklahoma shall remain with the Cherokee
      Nation, unless consent is obtained by the Shawnee Tribe from the
      Cherokee Nation to assume all or any portion of such
      jurisdiction.
        (4) On August 12, 1996, the Tribal Council of the Cherokee
      Nation unanimously adopted Resolution 96-09 supporting the
      termination by the Secretary of the Interior of the 1869
      Agreement.
        (5) On July 23, 1996, the Shawnee Tribal Business Committee
      concurred in such resolution.
        (6) On March 13, 2000, a second resolution was adopted by the
      Tribal Council of the Cherokee Nation (Resolution 15-00)
      supporting the submission of this legislation to Congress for
      enactment.

-SOURCE-
    (Pub. L. 106-568, title VII, Sec. 702, Dec. 27, 2000, 114 Stat.
    2913.)


-MISC1-
                       SHORT TITLE OF 2000 AMENDMENT                   
      Pub. L. 106-568, title VII, Sec. 701, Dec. 27, 2000, 114 Stat.
    2913, provided that: "This title [enacting this subchapter] may be
    cited as the 'Shawnee Tribe Status Act of 2000'."

-End-



-CITE-
    25 USC Sec. 1041a                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIX-A - SHAWNEE TRIBE STATUS

-HEAD-
    Sec. 1041a. Definitions

-STATUTE-
      In this subchapter:
      (1) Cherokee Nation
        The term "Cherokee Nation" means the Cherokee Nation, with its
      headquarters located in Tahlequah, Oklahoma.
      (2) Secretary
        The term "Secretary" means the Secretary of the Interior.
      (3) Tribe
        The term "Tribe" means the Shawnee Tribe, known also as the
      "Loyal Shawnee" or "Cherokee Shawnee", which was a party to the
      1869 Agreement between the Cherokee Nation and the Shawnee Tribe
      of Indians.
      (4) Trust land
        The term "trust land" means land, the title to which is held by
      the United States in trust for the benefit of an Indian tribe or
      individual.
      (5) Restricted land
        The term "restricted land" means any land, the title to which
      is held in the name of an Indian or Indian tribe subject to
      restrictions by the United States against alienation.

-SOURCE-
    (Pub. L. 106-568, title VII, Sec. 703, Dec. 27, 2000, 114 Stat.
    2913.)

-End-



-CITE-
    25 USC Sec. 1041b                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIX-A - SHAWNEE TRIBE STATUS

-HEAD-
    Sec. 1041b. Federal recognition, trust relationship, and program
      eligibility

-STATUTE-
    (a) Federal recognition
      The Federal recognition of the Tribe and the trust relationship
    between the United States and the Tribe are hereby reaffirmed.
    Except as otherwise provided in this subchapter, the Act of June
    26, 1936 (49 Stat. 1967; 25 U.S.C. 501 et seq.) (commonly known as
    the "Oklahoma Indian Welfare Act"), and all laws and rules of law
    of the United States of general application to Indians, Indian
    tribes, or Indian reservations which are not inconsistent with this
    subchapter shall apply to the Tribe, and to its members and lands.
    The Tribe is hereby recognized as an independent tribal entity,
    separate from the Cherokee Nation or any other Indian tribe.
    (b) Program eligibility
      (1) In general
        Subject to the provisions of this subsection, the Tribe and its
      members are eligible for all special programs and services
      provided by the United States to Indians because of their status
      as Indians.
      (2) Continuation of benefits
        Except as provided in paragraph (3), the members of the Tribe
      who are residing on land recognized by the Secretary to be within
      the Cherokee Nation and eligible for Federal program services or
      benefits through the Cherokee Nation shall receive such services
      or benefits through the Cherokee Nation.
      (3) Administration by Tribe
        The Tribe shall be eligible to apply for and administer the
      special programs and services provided by the United States to
      Indians because of their status as Indians, including such
      programs and services within land recognized by the Secretary to
      be within the Cherokee Nation, in accordance with applicable laws
      and regulations to the same extent that the Cherokee Nation is
      eligible to apply for and administer programs and services, but
      only - 
          (A) if the Cherokee Nation consents to the operation by the
        Tribe of federally funded programs and services;
          (B) if the benefits of such programs or services are to be
        provided to members of the Tribe in areas recognized by the
        Secretary to be under the jurisdiction of the Tribe and outside
        of land recognized by the Secretary to be within the Cherokee
        Nation, so long as those members are not receiving such
        programs or services from another Indian tribe; or
          (C) if under applicable provisions of Federal law, the
        Cherokee Nation is not eligible to apply for and administer
        such programs or services.
      (4) Duplication of services not allowed
        The Tribe shall not be eligible to apply for or administer any
      Federal programs or services on behalf of Indians (!1) recipients
      if such recipients are receiving or are eligible to receive the
      same federally funded programs or services from the Cherokee
      Nation.

      (5) Cooperative agreements
        Nothing in this section shall restrict the Tribe and the
      Cherokee Nation from entering into cooperative agreements to
      provide such programs or services and such funding agreements
      shall be honored by Federal agencies, unless otherwise prohibited
      by law.

-SOURCE-
    (Pub. L. 106-568, title VII, Sec. 704, Dec. 27, 2000, 114 Stat.
    2914.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Oklahoma Indian Welfare Act, referred to in subsec. (a), is
    act June 26, 1936, ch. 831, 49 Stat. 1967, as amended, also
    popularly known as the Oklahoma Welfare Act, which is classified
    generally to subchapter VIII (Sec. 501 et seq.) of this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 501 of this title and Tables.

-FOOTNOTE-
    (!1) So in original. Probably should be "Indian".


-End-



-CITE-
    25 USC Sec. 1041c                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIX-A - SHAWNEE TRIBE STATUS

-HEAD-
    Sec. 1041c. Establishment of a tribal roll

-STATUTE-
    (a) Approval of base roll
      Not later than 180 days after December 27, 2000, the Tribe shall
    submit to the Secretary for approval its base membership roll,
    which shall include only individuals who are not members of any
    other federally recognized Indian tribe or who have relinquished
    membership in such tribe and are eligible for membership under
    subsection (b) of this section.
    (b) Base roll eligibility
      An individual is eligible for enrollment on the base membership
    roll of the Tribe if that individual - 
        (1) is on, or eligible to be on, the membership roll of
      Cherokee Shawnees maintained by the Tribe prior to December 27,
      2000, which is separate from the membership roll of the Cherokee
      Nation; or
        (2) is a lineal descendant of any person - 
          (A) who was issued a restricted fee patent to land pursuant
        to Article 2 of the Treaty of May 10, 1854, between the United
        States and the Tribe (10 Stat. 1053); or
          (B) whose name was included on the 1871 Register of names of
        those members of the Tribe who moved to, and located in, the
        Cherokee Nation in Indian Territory pursuant to the Agreement
        entered into by and between the Tribe and the Cherokee Nation
        on June 7, 1869.
    (c) Future membership
      Future membership in the Tribe shall be as determined under the
    eligibility requirements set out in subsection (b)(2) of this
    section or under such future membership ordinance as the Tribe may
    adopt.

-SOURCE-
    (Pub. L. 106-568, title VII, Sec. 705, Dec. 27, 2000, 114 Stat.
    2915.)

-End-



-CITE-
    25 USC Sec. 1041d                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIX-A - SHAWNEE TRIBE STATUS

-HEAD-
    Sec. 1041d. Organization of the Tribe; tribal constitution

-STATUTE-
    (a) Existing constitution and governing body
      The existing constitution and bylaws of the Cherokee Shawnee and
    the officers and members of the Shawnee Tribal Business Committee,
    as constituted on December 27, 2000, are hereby recognized
    respectively as the governing documents and governing body of the
    Tribe.
    (b) Constitution
      Notwithstanding subsection (a) of this section, the Tribe shall
    have a right to reorganize its tribal government pursuant to
    section 503 of this title.

-SOURCE-
    (Pub. L. 106-568, title VII, Sec. 706, Dec. 27, 2000, 114 Stat.
    2915.)

-End-



-CITE-
    25 USC Sec. 1041e                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIX-A - SHAWNEE TRIBE STATUS

-HEAD-
    Sec. 1041e. Tribal land

-STATUTE-
    (a) Land acquisition
      The Tribe shall be eligible to have land acquired in trust for
    its benefit pursuant to section 465 of this title and section 501
    of this title.
    (b) Restriction
      No land recognized by the Secretary to be within the Cherokee
    Nation or any other Indian tribe may be taken into trust for the
    benefit of the Tribe under this section without the consent of the
    Cherokee Nation or such other tribe, respectively.

-SOURCE-
    (Pub. L. 106-568, title VII, Sec. 707, Dec. 27, 2000, 114 Stat.
    2915; Pub. L. 109-59, title X, Sec. 10213, Aug. 10, 2005, 119 Stat.
    1939.)


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a). Pub. L. 109-59 struck out "(1) In general"
    before "The Tribe" and heading and text of par. (2). Text read as
    follows: "Notwithstanding any other provision of law but subject to
    subsection (b) of this section, if the Tribe transfers any land
    within the boundaries of the State of Oklahoma to the Secretary,
    the Secretary shall take such land into trust for the benefit of
    the Tribe."

-End-



-CITE-
    25 USC Sec. 1041f                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIX-A - SHAWNEE TRIBE STATUS

-HEAD-
    Sec. 1041f. Jurisdiction

-STATUTE-
    (a) In general
      The Tribe shall have jurisdiction over trust land and restricted
    land of the Tribe and its members to the same extent that the
    Cherokee Nation has jurisdiction over land recognized by the
    Secretary to be within the Cherokee Nation and its members, but
    only if such land - 
        (1) is not recognized by the Secretary to be within the
      jurisdiction of another federally recognized tribe; or
        (2) has been placed in trust or restricted status with the
      consent of the federally recognized tribe within whose
      jurisdiction the Secretary recognizes the land to be, and only to
      the extent that the Tribe's jurisdiction has been agreed to by
      that host tribe.
    (b) Rule of construction
      Nothing in this subchapter shall be construed to diminish or
    otherwise limit the jurisdiction of any Indian tribe that is
    federally recognized on the day before December 27, 2000, over
    trust land, restricted land, or other forms of Indian country of
    that Indian tribe on such date.

-SOURCE-
    (Pub. L. 106-568, title VII, Sec. 708, Dec. 27, 2000, 114 Stat.
    2916.)

-End-



-CITE-
    25 USC Sec. 1041g                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIX-A - SHAWNEE TRIBE STATUS

-HEAD-
    Sec. 1041g. Individual Indian land

-STATUTE-
      Nothing in this subchapter shall be construed to affect the
    restrictions against alienation of any individual Indian's land and
    those restrictions shall continue in force and effect.

-SOURCE-
    (Pub. L. 106-568, title VII, Sec. 709, Dec. 27, 2000, 114 Stat.
    2916.)

-End-



-CITE-
    25 USC Sec. 1041h                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER XLIX-A - SHAWNEE TRIBE STATUS

-HEAD-
    Sec. 1041h. Treaties not affected

-STATUTE-
      No provision of this subchapter shall be construed to constitute
    an amendment, modification, or interpretation of any treaty to
    which a tribe referred to in this subchapter is a party nor to any
    right secured to such a tribe or to any other tribe by any treaty.

-SOURCE-
    (Pub. L. 106-568, title VII, Sec. 710, Dec. 27, 2000, 114 Stat.
    2916.)

-End-


-CITE-
    25 USC SUBCHAPTER L - TILLAMOOK AND NEHALEM BANDS OF THE
           TILLAMOOK INDIANS: DISTRIBUTION OF JUDGMENT
           FUND                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER L - TILLAMOOK AND NEHALEM BANDS OF THE TILLAMOOK INDIANS:
                    DISTRIBUTION OF JUDGMENT FUND

-HEAD-
        SUBCHAPTER L - TILLAMOOK AND NEHALEM BANDS OF THE TILLAMOOK
                  INDIANS: DISTRIBUTION OF JUDGMENT FUND

-End-



-CITE-
    25 USC Sec. 1051                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER L - TILLAMOOK AND NEHALEM BANDS OF THE TILLAMOOK INDIANS:
                    DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 1051. Membership roll; preparation; eligibility for
      enrollment; filing of applications; finality of Secretary's
      decision

-STATUTE-
      The Secretary of the Interior shall prepare a roll of all persons
    who meet both of the following requirements for eligibility: (1)
    They were born on or prior to and living on August 30, 1964; and
    (2) their name or the name of an ancestor through whom they claim
    eligibility appears either on the census roll of the Naalem
    (Nehalem) Band of Tillamook Indians dated January 28, 1898, or on
    the annuity payment roll of the Tillamook Band of Tillamook Indians
    prepared in 1914 under the provisions of the Act of August 24, 1912
    (37 Stat. L., 519-535). Applications for enrollment must be filed
    with the area director of the Bureau of Indian Affairs, Portland,
    Oregon, within six months after August 30, 1964, on forms
    prescribed for that purpose. The determination of the Secretary
    regarding the eligibility for enrollment of an applicant shall be
    final.

-SOURCE-
    (Pub. L. 88-506, Sec. 1, Aug. 30, 1964, 78 Stat. 639.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of August 24, 1912, referred to in text, is act Aug. 24,
    1912, ch. 388, 37 Stat. 519-534. Provisions of the act relating to
    the annuity payment roll of the Tillamook Band of the Tillamook
    Indians were not classified to the Code.

-End-



-CITE-
    25 USC Sec. 1052                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER L - TILLAMOOK AND NEHALEM BANDS OF THE TILLAMOOK INDIANS:
                    DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 1052. Distribution of funds; pro rata basis

-STATUTE-
      The Secretary is authorized and directed to withdraw the funds on
    deposit in the Treasury of the United States to the credit of the
    Nehalem and Tillamook Bands of Indians that were appropriated by
    the Act of May 17, 1963 (77 Stat. 43), in satisfaction of a
    judgment obtained by the bands in the Indian Claims Commission
    against the United States in Docket Numbered 240 together with the
    interest accrued thereon and to pro rate such funds among those
    persons whose names appear on the roll prepared pursuant to section
    1051 of this title. The Secretary shall distribute shares payable
    to living persons enrolled pursuant to section 1051 of this title
    and shares payable to the heirs and legatees of deceased persons
    enrolled pursuant to section 1051 of this title according to such
    rules and regulations as he may prescribe.

-SOURCE-
    (Pub. L. 88-506, Sec. 2, Aug. 30, 1964, 78 Stat. 639.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of May 17, 1963, referred to in text, is Pub. L. 88-25, May
    17, 1963, 77 Stat. 43. That portion of the act which appropriated
    the funds referred to was not classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 1053                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER L - TILLAMOOK AND NEHALEM BANDS OF THE TILLAMOOK INDIANS:
                    DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 1053. Taxes

-STATUTE-
      The funds distributed in accordance with this subchapter shall
    not be subject to the Federal or State income tax.

-SOURCE-
    (Pub. L. 88-506, Sec. 3, Aug. 30, 1964, 78 Stat. 639.)

-End-



-CITE-
    25 USC Sec. 1054                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER L - TILLAMOOK AND NEHALEM BANDS OF THE TILLAMOOK INDIANS:
                    DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 1054. Costs

-STATUTE-
      Any costs incurred by the Secretary in the preparation of the
    rolls and in the distribution of payment of pro rata shares in
    accordance with the provisions of this subchapter shall be paid by
    appropriate withdrawals from the judgment fund.

-SOURCE-
    (Pub. L. 88-506, Sec. 4, Aug. 30, 1964, 78 Stat. 639.)

-End-



-CITE-
    25 USC Sec. 1055                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER L - TILLAMOOK AND NEHALEM BANDS OF THE TILLAMOOK INDIANS:
                    DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 1055. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to prescribe rules
    and regulations to carry out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 88-506, Sec. 5, Aug. 30, 1964, 78 Stat. 639.)

-End-


-CITE-
    25 USC SUBCHAPTER LI - CONFEDERATED TRIBES OF THE
           COLVILLE RESERVATION: DISTRIBUTION OF
           JUDGMENT FUND                                   01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LI - CONFEDERATED TRIBES OF THE COLVILLE RESERVATION:
                     DISTRIBUTION OF JUDGMENT FUND

-HEAD-
     SUBCHAPTER LI - CONFEDERATED TRIBES OF THE COLVILLE RESERVATION:
                       DISTRIBUTION OF JUDGMENT FUND

-End-



-CITE-
    25 USC Sec. 1071                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LI - CONFEDERATED TRIBES OF THE COLVILLE RESERVATION:
                     DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 1071. Per capita payments to enrolled tribal members; tax
      exemption

-STATUTE-
      The funds on deposit in the Treasury of the United States to the
    credit of the Colville Tribe, San Poeils-Nespelem Tribe, Okanogan
    Tribe, Methow Tribe, and Lake Tribe (certain constituent groups of
    the Confederated Tribes of the Colville Reservation) that were
    appropriated to pay a judgment of the Indian Claims Commission
    dated March 1, 1960, in docket numbered 181, and the funds which
    may be deposited in the Treasury of the United States to the credit
    of the said constituent groups or any other constituent groups of
    the Confederated Tribes of the Colville Reservation to pay any
    judgments arising out of claims presently pending before the Indian
    Claims Commission and the interest on said judgments, after payment
    of attorney fees and expenses, shall be credited to the account of
    the Confederated Tribes of the Colville Reservation and the
    Secretary of the Interior is authorized and directed to make a per
    capita distribution from such funds of $350, to the extent that
    such funds are available, to each enrolled member of the
    Confederated Tribes of the Colville Reservation. Any part of such
    funds distributed per capita to the members of the tribes shall not
    be subject to Federal or State income tax.

-SOURCE-
    (Pub. L. 88-551, Aug. 31, 1964, 78 Stat. 755.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of Pub. L. 92-244, Mar. 9, 1972,
    86 Stat. 56, which comprises this subchapter.


-MISC1-
    LITIGATION WITH YAKIMA TRIBES OF INDIANS OF THE YAKIMA RESERVATION
      Authority to commence or defend in the United States Court of
    Claims an action to determine claims against judgment fund, see
    sections 609 and 609a of this title.

-End-



-CITE-
    25 USC Sec. 1072                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LI - CONFEDERATED TRIBES OF THE COLVILLE RESERVATION:
                     DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 1072. Per capita distribution; limitation of $950 per share

-STATUTE-
      The funds deposited to the credit of the Confederated Tribes of
    the Colville Reservation to pay a judgment arising out of
    proceedings before the Indian Claims Commission in docket numbered
    178 and the funds appropriated by the Act of July 6, 1970 (84 Stat.
    376), to pay a judgment in favor of the Confederated Tribes of the
    Colville Reservation, and others, in Indian Claims Commission
    docket numbered 179, and apportioned to the Confederated Tribes
    under the Act of April 24, 1961 (75 Stat. 45), and interest
    thereon, after payment of attorney fees and other litigation
    expenses, shall be distributed on a per capita basis, each share
    amounting to not more than $950, to the extent such funds are
    available, to each person born on or prior to and living on March
    9, 1972, who meets the requirements for membership in the
    Confederated Tribes of the Colville Reservation. The remaining
    balance of such funds, and the interest thereon, shall be combined
    and distributed with any other tribal funds that may hereafter
    become available for per capita distribution.

-SOURCE-
    (Pub. L. 92-244, Sec. 1, Mar. 9, 1972, 86 Stat. 56.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of July 6, 1970, referred to in text, is act July 6, 1970,
    Pub. L. 91-305 84 Stat. 376, which was not classified to the Code.
      Act of April 24, 1961, referred to in text, is act Apr. 24, 1961,
    Pub. L. 87-24 75 Stat. 45, which was not classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 1073                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LI - CONFEDERATED TRIBES OF THE COLVILLE RESERVATION:
                     DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 1073. Tax exemption; payments to minors and persons under
      legal disabilities

-STATUTE-
      None of the funds distributed per capita under the provisions of
    this subchapter shall be subject to Federal or State income tax.
    Any per capita share payable to a person under twenty-one years of
    age or to a person under legal disability shall be paid in
    accordance with such procedures, including the establishment of
    trusts, as the Secretary determines will adequately protect the
    best interest of such persons.

-SOURCE-
    (Pub. L. 92-244, Sec. 2, Mar. 9, 1972, 86 Stat. 57.)

-End-


-CITE-
    25 USC SUBCHAPTER LII - QUILEUTE AND HOH TRIBES OF
           WASHINGTON: DISTRIBUTION OF JUDGMENT FUND       01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LII - QUILEUTE AND HOH TRIBES OF WASHINGTON: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
          SUBCHAPTER LII - QUILEUTE AND HOH TRIBES OF WASHINGTON:
                       DISTRIBUTION OF JUDGMENT FUND

-End-



-CITE-
    25 USC Sec. 1081                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LII - QUILEUTE AND HOH TRIBES OF WASHINGTON: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1081. Division of funds on basis of tribal membership rolls;
      advances or expenditures from tribal funds

-STATUTE-
      The unexpended balance of funds on deposit in the Treasury of the
    United States to the credit of the Quileute and Hoh Tribes that
    were appropriated by the Act of January 6, 1964 (77 Stat. 857), to
    pay a judgment by the Indian Claims Commission in docket numbered
    155, and the interest thereon, after payment of attorney fees and
    expenses, shall be divided on the basis of tribal membership rolls
    for the respective groups after approval of such rolls by the
    Secretary of the Interior, and the funds so divided, including the
    interest thereon, may be advanced or expended for any purpose that
    is authorized by the respective tribal governing bodies and
    approved by the Secretary of the Interior: Provided, That until the
    Hoh Indians develop a formal organization with a recognized
    governing body, their share of the judgment funds, and any other
    Hoh tribal funds, may be expended by the Secretary for the benefit
    of the Hoh Reservation and the Hoh tribal members, upon approval by
    him of plans adopted by a majority of the adult Hoh Indians voting
    at a general meeting of the tribal membership called by the
    Secretary.

-SOURCE-
    (Pub. L. 89-655, Sec. 1, Oct. 14, 1966, 80 Stat. 905.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of January 6, 1964, referred to in text, is act Jan 6, 1964,
    Pub. L. 88-258, 77 Stat. 857. That portion of the act which
    appropriated the funds referred to was not classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 1082                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LII - QUILEUTE AND HOH TRIBES OF WASHINGTON: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1082. Membership rolls; preparation; eligibility for
      enrollment; relinquishment of membership with other tribes

-STATUTE-
      The Secretary of the Interior shall prepare membership rolls for
    the Quileute and Hoh Tribes. No person shall be eligible to have
    his name placed on either membership roll who at the same time is a
    member of any other tribe, and no person shall be permitted to be
    enrolled in both the Quileute and Hoh Tribes: Provided, That
    persons eligible for enrollment or already enrolled with other
    tribes may relinquish that membership through filing a formal
    statement of relinquishment with the Secretary according to rules
    and regulations which he may prescribe.

-SOURCE-
    (Pub. L. 89-655, Sec. 2, Oct. 14, 1966, 80 Stat. 905.)

-End-



-CITE-
    25 USC Sec. 1083                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LII - QUILEUTE AND HOH TRIBES OF WASHINGTON: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1083. Quileute base roll

-STATUTE-
      When preparing a Quileute tribal roll, the Secretary shall employ
    the criteria in article II of the approved constitution and bylaws
    of the Quileute Tribe of the Quileute Reservation, except that, in
    the absence of the 1935 census referred to in article II, section
    1(a) of the constitution and bylaws, the Secretary, with the
    assistance of the governing body of the Quileute Tribe, shall
    construct a base roll from pertinent records, including other
    census data, of the same period. No person shall be eligible to
    have his name placed thereon if born after December 31, 1940. Upon
    approval of such base roll by the Secretary and the Quileute tribal
    governing body, it shall henceforth serve as the Quileute base roll
    for all purposes, the provisions of article II, section 1(a)
    notwithstanding.

-SOURCE-
    (Pub. L. 89-655, Sec. 3, Oct. 14, 1966, 80 Stat. 905.)

-End-



-CITE-
    25 USC Sec. 1084                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LII - QUILEUTE AND HOH TRIBES OF WASHINGTON: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1084. Hoh base roll

-STATUTE-
      When preparing a Hoh tribal base roll, the Secretary shall
    include only the names of applicants who demonstrate that their
    names or the names of lineal ancestors from whom they are descended
    appear on the Census of the Hoh Indians of Neah Bay Agency,
    Washington, June 30, 1894. Upon approval by the Secretary, such
    roll shall henceforth serve as the Hoh base roll for all purposes.

-SOURCE-
    (Pub. L. 89-655, Sec. 4, Oct. 14, 1966, 80 Stat. 905.)

-End-



-CITE-
    25 USC Sec. 1085                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LII - QUILEUTE AND HOH TRIBES OF WASHINGTON: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1085. Tribal organizational document: development and adoption

-STATUTE-
      Upon completion of a Hoh base roll in accordance with section
    1084 of this title, the Secretary shall assist the Hoh Indians in
    developing a tribal organizational document and shall call an
    election for the purpose of voting on the adoption of such
    document.

-SOURCE-
    (Pub. L. 89-655, Sec. 5, Oct. 14, 1966, 80 Stat. 905.)

-End-



-CITE-
    25 USC Sec. 1086                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LII - QUILEUTE AND HOH TRIBES OF WASHINGTON: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1086. Advances or expenditures from tribal funds

-STATUTE-
      The Secretary is authorized to advance or expend, as provided in
    section 1081 of this title, the Hoh tribal funds now on deposit, or
    hereafter placed on deposit, in the Treasury of the United States
    under the following symbols and titles:
        14X7235 Proceeds of Labor, Hoh Indians, Washington;
        14X7735 Interest and Accruals on Interest, Proceeds of Labor,
      Hoh Indians, Washington.

-SOURCE-
    (Pub. L. 89-655, Sec. 6, Oct. 14, 1966, 80 Stat. 905.)

-End-



-CITE-
    25 USC Sec. 1087                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LII - QUILEUTE AND HOH TRIBES OF WASHINGTON: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1087. Tax exemption

-STATUTE-
      Any part of the funds that may be distributed to individual
    members of the Quileute and Hoh Tribes under the provisions of this
    subchapter shall not be subject to Federal or State income taxes.

-SOURCE-
    (Pub. L. 89-655, Sec. 7, Oct. 14, 1966, 80 Stat. 906.)

-End-



-CITE-
    25 USC Sec. 1088                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LII - QUILEUTE AND HOH TRIBES OF WASHINGTON: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1088. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to prescribe rules
    and regulations to carry out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 89-655, Sec. 8, Oct. 14, 1966, 80 Stat. 906.)

-End-


-CITE-
    25 USC SUBCHAPTER LIII - NOOKSACK TRIBE OF WASHINGTON:
           DISTRIBUTION OF JUDGMENT FUND                   01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LIII - NOOKSACK TRIBE OF WASHINGTON: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
      SUBCHAPTER LIII - NOOKSACK TRIBE OF WASHINGTON: DISTRIBUTION OF
                               JUDGMENT FUND

-End-



-CITE-
    25 USC Sec. 1101                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LIII - NOOKSACK TRIBE OF WASHINGTON: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1101. Membership roll; preparation; eligibility for
      enrollment; filing of applications; finality of determination

-STATUTE-
      The Secretary of the Interior shall prepare a roll of all persons
    who meet the following requirements for eligibility: (a) They were
    born on or prior to and were living on October 14, 1966, and (b)
    they are descendants of members of the Nooksack Tribe as it existed
    in 1855. Applications for enrollment must be filed with the area
    director of the Bureau of Indian Affairs, Portland, Oregon, on
    forms prescribed for that purpose. The determination of the
    Secretary regarding the utilization of available rolls or records
    and the eligibility for enrollment of an applicant shall be final.

-SOURCE-
    (Pub. L. 89-656, Sec. 1, Oct. 14, 1966, 80 Stat. 906.)

-End-



-CITE-
    25 USC Sec. 1102                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LIII - NOOKSACK TRIBE OF WASHINGTON: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1102. Distribution of funds; persons entitled

-STATUTE-
      After the deduction of attorney fees, litigation expenses, the
    costs of roll preparation, and such sums as may be required to
    distribute individual shares, the funds, including interest,
    remaining to the credit of the Nooksack Tribe, which were
    appropriated by the Act of April 30, 1965 (Public Law 89-16), shall
    be distributed in equal shares to those persons whose names appear
    on the roll prepared in accordance with section 1101 of this title.

-SOURCE-
    (Pub. L. 89-656, Sec. 2, Oct. 14, 1966, 80 Stat. 906.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of April 30, 1965, referred to in text, is act Apr. 30, 1965,
    Pub. L. 89-16, 79 Stat. 92, known as the Second Supplemental
    Appropriations Act, 1965. That portion of the act which
    appropriated the funds referred to was not classified to the Code.

-End-



-CITE-
    25 USC Sec. 1103                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LIII - NOOKSACK TRIBE OF WASHINGTON: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1103. Payments to enrollees, heirs or legatees; protection of
      minors and persons under legal disability; credits of shares
      under certain amounts; escheat

-STATUTE-
      The Secretary shall distribute a share payable to a living
    enrollee directly to such enrollee or in such manner as is deemed
    by the Secretary to be in the enrollee's best interest. The
    Secretary shall distribute the per capita share of a deceased
    enrollee to his heirs or legatees upon proof of death and
    inheritance satisfactory to the Secretary whose findings upon such
    proof shall be final and conclusive. Sums payable to enrollees or
    their heirs or legatees who are less than twenty-one years of age
    or who are under a legal disability shall be paid to the persons
    whom the Secretary determines will best protect their interests.
    Proportional shares of heirs or legatees amounting to $5 or less
    shall not be distributed and shall remain to the credit of the
    Nooksack Tribe. Any sum of money remaining to the credit of the
    Nooksack Tribe as a result of this judgment, three years after
    October 14, 1966, shall escheat to the United States and shall be
    deposited in the Treasury of the United States in miscellaneous
    receipts.

-SOURCE-
    (Pub. L. 89-656, Sec. 3, Oct. 14, 1966, 80 Stat. 906.)

-End-



-CITE-
    25 USC Sec. 1104                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LIII - NOOKSACK TRIBE OF WASHINGTON: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1104. Tax exemption

-STATUTE-
      The funds distributed under the provisions of this subchapter
    shall not be subject to Federal or State income taxes.

-SOURCE-
    (Pub. L. 89-656, Sec. 4, Oct. 14, 1966, 80 Stat. 906.)

-End-



-CITE-
    25 USC Sec. 1105                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LIII - NOOKSACK TRIBE OF WASHINGTON: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1105. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to prescribe rules
    and regulations to carry out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 89-656, Sec. 5, Oct. 14, 1966, 80 Stat. 906.)

-End-


-CITE-
    25 USC SUBCHAPTER LIV - MIAMI INDIANS OF INDIANA AND
           OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LIV - MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
          SUBCHAPTER LIV - MIAMI INDIANS OF INDIANA AND OKLAHOMA:
                       DISTRIBUTION OF JUDGMENT FUND

-End-



-CITE-
    25 USC Sec. 1111                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LIV - MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1111. Distribution and use of funds

-STATUTE-
      The Secretary of the Interior shall take the necessary steps to
    provide for the distribution and use of the money appropriated to
    the Miami Indians of Indiana and Oklahoma in satisfaction of
    judgments awarded by the Indian Claims Commission in dockets
    numbered 67 and 124, 124-A, and 251 as hereinafter provided.

-SOURCE-
    (Pub. L. 89-659, Sec. 1, Oct. 14, 1966, 80 Stat. 909.)

-End-



-CITE-
    25 USC Sec. 1112                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LIV - MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1112. Advances or expenditures from funds of Miami Tribe of
      Oklahoma; persons entitled

-STATUTE-
      The funds on deposit in the Treasury of the United States to the
    credit of the Miami Tribe of Oklahoma that were appropriated by the
    Act of September 30, 1961 (75 Stat. 747), to pay a judgment by the
    Indian Claims Commission in docket numbered 251, together with the
    interest thereon, after payment of attorney fees and expenses,
    shall be advanced or expended in accordance with plans adopted by
    the governing body of the Miami Tribe of Oklahoma and approved by
    the Secretary of the Interior. The persons entitled to share in any
    per capita payment authorized by the governing body and approved by
    the Secretary shall be all individuals who are enrolled members of
    the Miami Tribe of Oklahoma, as organized under the Oklahoma
    Welfare Act (49 Stat. 1967) [25 U.S.C. 501 et seq.].

-SOURCE-
    (Pub. L. 89-659, Sec. 2, Oct. 14, 1966, 80 Stat. 909.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of September 30, 1961, referred to in text, is act Sept. 30,
    1961, Pub. L. 87-322, 75 Stat. 747. That portion of the act which
    appropriated the funds referred to was not classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.
      The Oklahoma Welfare Act, referred to in text, is act June 26,
    1936, ch. 831, 49 Stat. 1967, as amended, which is classified
    generally to subchapter VIII (Sec. 501 et seq.) of this chapter.
    For complete classification of this Act to the Code, see Tables.

-End-



-CITE-
    25 USC Sec. 1113                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LIV - MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1113. Miami Indians of Indiana; membership roll; preparation;
      eligibility for enrollment

-STATUTE-
      For the purpose of determining entitlement to the judgment
    awarded in Indian Claims Commission docket numbered 124-A to the
    Miami Indians of Indiana and appropriated by the Act of September
    30, 1961 (75 Stat. 747), the Secretary shall prepare a roll of all
    persons of Miami Indian ancestry who meet the following
    requirements for eligibility:
      (a) They were born on or prior to, and living on, October 14,
    1966; and
      (b) Their name or the name of an ancestor from whom they claim
    eligibility appears on the roll of Miami Indians of Indiana of June
    12, 1895, or the roll of "Miami Indians of Indiana, now living in
    Kansas, Quapaw Agency, I.T., and Oklahoma Territory," prepared and
    completed pursuant to the Act of March 2, 1895 (28 Stat. 903), or
    the roll of the Eel River Miami Tribe of Indians of May 27, 1889,
    prepared and completed pursuant to the Act of June 29, 1888 (25
    Stat. 223). No person whose name appears on the current tribal roll
    of the Miami Tribe of Oklahoma shall be eligible to be enrolled
    under this section.

-SOURCE-
    (Pub. L. 89-659, Sec. 3, Oct. 14, 1966, 80 Stat. 909.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.
      Act of September 30, 1961, referred to in subsec. (a), is act
    Sept. 30, 1961, Pub. L. 87-322, 75 Stat. 747. That portion of the
    act which appropriated the funds referred to was not classified to
    the Code.
      Act of March 2, 1895, referred to in subsec. (b), is act Mar. 2,
    1895, ch. 188, 28 Stat. 903. Provisions of the act relating to the
    roll of the Miami Indians of Indiana were not classified to the
    Code.
      Act of June 29, 1888, referred to in subsec. (b), is act June 29,
    1888, ch. 503, 25 Stat. 223. Provisions of the act relating to the
    roll of the Eel River Miami Tribe of Indians of May 27, 1889, were
    not classified to the Code.

-End-



-CITE-
    25 USC Sec. 1114                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LIV - MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1114. Miami Indians of Oklahoma; membership roll; preparation;
      eligibility for enrollment

-STATUTE-
      For the purpose of determining entitlement to the judgment
    awarded in Indian Claims Commission dockets numbered 67 and 124 and
    appropriated by the Act of May 17, 1963 (77 Stat. 43), the
    Secretary of the Interior shall prepare a roll of all persons of
    Miami Indian ancestry who meet the following requirements for
    eligibility:
      (a) They were born on or prior to, and living on, October 14,
    1966; and
      (b) Their name or the name of an ancestor from whom they claim
    eligibility appears on any of the rolls cited in section 1113(b) of
    this title, or on the roll of the Western Miami Tribe of Indians of
    June 12, 1891, prepared and completed pursuant to the Act of March
    3, 1891 (26 Stat. 1000).

-SOURCE-
    (Pub. L. 89-659, Sec. 4, Oct. 14, 1966, 80 Stat. 909.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.
      Act of May 17, 1963, referred to in text, is act May 17, 1963,
    Pub. L. 88-25, 77 Stat. 43. That portion of the act which
    appropriated the funds referred to was not classified to the Code.
      Act of March 3, 1891, referred to in text, is act Mar. 3, 1891,
    ch. 543, 26 Stat. 1000. Provisions of the act relating to the roll
    of the Western Miami Tribe of June 12, 1891, were not classified to
    the Code.

-End-



-CITE-
    25 USC Sec. 1115                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LIV - MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1115. Applications; place for filing; finality of
      determination

-STATUTE-
      Applications for enrollment must be filed with the area director
    of the Bureau of Indian Affairs, Muskogee, Oklahoma, on forms
    prescribed for that purpose. The determination of the Secretary
    regarding the eligibility of an applicant shall be final.

-SOURCE-
    (Pub. L. 89-659, Sec. 5, Oct. 14, 1966, 80 Stat. 909.)

-End-



-CITE-
    25 USC Sec. 1116                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LIV - MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1116. Distribution of funds of Miami Indians of Indiana;
      persons entitled

-STATUTE-
      The funds on deposit in the Treasury of the United States to the
    credit of the Miami Indians of Indiana that were appropriated by
    the Act of September 30, 1961 (75 Stat. 747), to pay a judgment in
    Indian Claims Commission docket numbered 124-A, and the interest
    thereon, after payment of attorney fees and expenses, shall be
    distributed to the individuals whose names appear on the roll
    prepared pursuant to section 1113 of this title, and in accordance
    with the instructions contained in sections 1118 and 1119 of this
    title.

-SOURCE-
    (Pub. L. 89-659, Sec. 6, Oct. 14, 1966, 80 Stat. 909.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of September 30, 1961, referred to in text, is act Sept. 30,
    1961, Pub. L. 87-322, 75 Stat. 747. That portion of the act which
    appropriated the funds referred to was not classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 1117                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LIV - MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1117. Distribution of funds of Miami Indians of Oklahoma;
      persons entitled

-STATUTE-
      The funds on deposit in the Treasury of the United States to the
    credit of the "Miami Tribe of Oklahoma" that were appropriated by
    the Act of May 17, 1963 (77 Stat. 43), to pay a judgment in Indian
    Claims Commission dockets numbered 67 and 124, and the interest
    thereon, after payment of attorney fees and expenses, shall be
    distributed to the persons whose names appear on the roll prepared
    pursuant to section 1114 of this title, and in accordance with the
    instructions contained in sections 1118 and 1119 of this title.

-SOURCE-
    (Pub. L. 89-659, Sec. 7, Oct. 14, 1966, 80 Stat. 910.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of May 17, 1963, referred to in text, is act May 17, 1963,
    Pub. L. 88-25, 77 Stat. 43. That portion of the act which
    appropriated the funds referred to was not classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 1118                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LIV - MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1118. Distribution of shares

-STATUTE-
    (a) Payments to enrollees, next of kin, or legatees
      Except as provided in subsection (b) of this section, the
    Secretary shall distribute a per capita share payable to a living
    enrollee directly to such enrollee, and the Secretary shall
    distribute a per capita share payable to a deceased enrollee
    directly to his heirs or legatees upon proof of death and
    inheritance satisfactory to the Secretary, whose findings upon such
    proof shall be final and conclusive.
    (b) Payments to minors or persons under legal disability
      A share payable to a person under twenty-one years of age or to a
    person under legal disability shall be paid in accordance with such
    procedures as the Secretary determines will adequately protect the
    best interests of such persons.

-SOURCE-
     (Pub. L. 89-659, Sec. 8, Oct. 14, 1966, 80 Stat. 910.)

-End-



-CITE-
    25 USC Sec. 1119                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LIV - MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1119. Reserve funds for expenses

-STATUTE-
    (a) Establishment
      Prior to making any distribution of the funds credited to the
    Miami Tribe or Nation and the Miami Tribe of Indiana or approving
    any expenditures of the funds credited to the Miami Tribe of
    Oklahoma, pursuant to this subchapter, the Secretary is authorized
    to reserve in the Treasury of the United States a part of such
    funds sufficient, in his judgment, to meet the litigation expenses,
    exclusive of attorney fees, of the remaining cases which each has
    pending before the Indian Claims Commission.
    (b) Availability
      The funds reserved shall be available for appropriate withdrawal
    by the Secretary.

-SOURCE-
    (Pub. L. 89-659, Sec. 9, Oct. 14, 1966, 80 Stat. 910.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Claims Commission, referred to in subsec. (a),
    terminated Sept. 30, 1978. See Codification note set out under
    former section 70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 1120                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LIV - MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1120. Tax exemption; costs

-STATUTE-
      The funds distributed under the provisions of this subchapter
    shall not be subject to Federal or State income taxes, and any
    costs incurred by the Secretary in the preparation of the rolls and
    in the distribution of per capita shares in accordance with the
    provisions of this subchapter shall be paid by appropriate
    withdrawals from the judgment funds.

-SOURCE-
    (Pub. L. 89-659, Sec. 10, Oct. 14, 1966, 80 Stat. 910.)

-End-



-CITE-
    25 USC Sec. 1121                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LIV - MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1121. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to prescribe rules
    and regulations to carry out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 89-659, Sec. 11, Oct. 14, 1966, 80 Stat. 910.)

-End-



-CITE-
    25 USC Sec. 1122                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LIV - MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1122. Payment and distribution of judgment funds

-STATUTE-
      The funds appropriated by the Acts of July 22, 1969 (83 Stat.
    49), and January 8, 1971 (84 Stat. 1981), to pay judgments awarded
    to the Miami Tribe of Oklahoma and the Miami Indians of Indiana in
    Indian Claims Commission dockets numbered 255 and 124-C, dockets
    numbered 256, 124-D, E, and F, and dockets numbered 131 and 253,
    and to pay a judgment awarded to the Miami Tribe of Oklahoma in
    docket numbered 251-A, together with interest thereon, after
    payment of attorney fees and litigation expenses, shall be
    distributed as provided in sections 1122 to 1130 of this title.

-SOURCE-
    (Pub. L. 92-309, Sec. 1, June 2, 1972, 86 Stat. 199.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Acts of July 22, 1969, and January 8, 1971, referred to in text,
    are Pub. L. 91-47, July 22, 1969, 83 Stat. 49, and Pub. L. 91-665,
    Jan. 8, 1971, 84 Stat. 1981, respectively, which were not
    classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of Pub. L. 89-659, Oct. 14, 1966,
    80 Stat. 909, which comprises this subchapter.

-End-



-CITE-
    25 USC Sec. 1123                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LIV - MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1123. Costs

-STATUTE-
      The Secretary may make appropriate withdrawals from the judgment
    funds and interest thereon, using interest funds first, to pay
    costs incident to carrying out the provisions of sections 1122 to
    1130 of this title.

-SOURCE-
    (Pub. L. 92-309, Sec. 2, June 2, 1972, 86 Stat. 199.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of Pub. L. 89-659, Oct. 14, 1966,
    80 Stat. 909, which comprises this subchapter.

-End-



-CITE-
    25 USC Sec. 1124                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LIV - MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1124. Revision of enrollment list

-STATUTE-
      The Secretary of the Interior shall bring current to June 2,
    1972, the roll prepared pursuant to section 1114 of this title, by
    (a) adding the names of persons living on June 2, 1972, who were
    eligible for enrollment under section 1114 of this title but were
    not enrolled, (b) by adding the names of children born to enrollees
    on or prior to June 2, 1972, and who are living on said date, (c)
    by adding the names of children born to persons who were eligible
    for enrollment under section 1114 of this title but who were not
    enrolled, regardless of whether such persons are living or deceased
    on June 2, 1972, provided said children of such persons are living
    on June 2, 1972, and (d) by deleting the names of persons who are
    deceased as of June 2, 1972.

-SOURCE-
    (Pub. L. 92-309, Sec. 3, June 2, 1972, 86 Stat. 200.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of Pub. L. 89-659. Oct. 14, 1966,
    80 Stat. 909, which comprises this subchapter.

-End-



-CITE-
    25 USC Sec. 1125                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LIV - MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1125. Applications for enrollment

-STATUTE-
      An application for addition of a name to the roll pursuant to
    section 1124 of this title must be filed with the area director of
    the Bureau of Indian Affairs, Muskogee, Oklahoma, on forms
    prescribed for that purpose. The determination of the Secretary
    regarding the eligibility of an applicant shall be final.

-SOURCE-
    (Pub. L. 92-309, Sec. 4, June 2, 1972, 86 Stat. 200.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of Pub. L. 89-659, Oct. 14, 1966,
    80 Stat. 909, which comprises this subchapter.

-End-



-CITE-
    25 USC Sec. 1126                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LIV - MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1126. Equal distribution to individuals enrolled

-STATUTE-
      On completion of the roll by the Secretary of the Interior, the
    balance of the funds appropriated to satisfy the judgments in
    dockets numbered 255 and 124-C, dockets numbered 256, 124-D, E, and
    F, and dockets numbered 131 and 253, and interest accumulated
    thereon, shall be distributed equally to the individuals enrolled.

-SOURCE-
    (Pub. L. 92-309, Sec. 5, June 2, 1972, 86 Stat. 200.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of Pub. L. 89-659, Oct. 14, 1966,
    80 Stat. 909, which comprises this subchapter.

-End-



-CITE-
    25 USC Sec. 1127                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LIV - MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1127. Use of appropriated funds; approval by Secretary on
      receipt of recommendations from tribal governing body

-STATUTE-
      The funds on deposit in the Treasury of the United States to the
    credit of the Miami Tribe of Oklahoma that were appropriated by the
    Act of July 22, 1969 (83 Stat. 49), to pay a judgment by the Indian
    Claims Commission in docket numbered 251-A, together with the
    interest thereon, after payment of attorney fees and expenses, may
    be advanced or expended for any purpose that is authorized by the
    tribal governing body of the Miami Tribe of Oklahoma, and approved
    by the Secretary of the Interior.

-SOURCE-
    (Pub. L. 92-309, Sec. 6, June 2, 1972, 86 Stat. 200.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of July 22, 1969, referred to in text, is act July 22, 1969,
    Pub. L. 91-665, 83 Stat. 49, which was not classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of Pub. L. 89-659, Oct. 14, 1966,
    80 Stat. 909, which comprises this subchapter.

-End-



-CITE-
    25 USC Sec. 1128                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LIV - MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1128. Distribution of shares

-STATUTE-
    (a) Payments to enrollees, next of kin, or legatees
      Except as provided in subsection (b) of this section, the
    Secretary of the Interior shall distribute a per capita share
    payable to a living enrollee directly to such enrollee, and shall
    distribute a per capita share payable to a deceased enrollee
    directly to his heirs or legatees upon proof of death and
    inheritance satisfactory to the Secretary, whose findings upon such
    proof shall be final and conclusive.
    (b) Payments to minors or persons under legal disability
      Sums payable to enrollees or their heirs or legatees who are less
    than eighteen years of age or who are under a legal disability
    shall be paid in accordance with such procedures, including the
    establishment of trusts, as the Secretary of the Interior
    determines appropriate to protect the best interest of such
    persons.

-SOURCE-
    (Pub. L. 92-309, Sec. 7, June 2, 1972, 86 Stat. 200.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of Pub. L. 89-659, Oct. 14, 1966,
    80 Stat. 909, which comprises this subchapter.

-End-



-CITE-
    25 USC Sec. 1129                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LIV - MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1129. Tax exemption

-STATUTE-
      None of the funds distributed under the provisions of sections
    1122 to 1130 of this title shall be subject to Federal or State
    income taxes.

-SOURCE-
    (Pub. L. 92-309, Sec. 8, June 2, 1972, 86 Stat. 200.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of Pub. L. 89-659, Oct. 14, 1966,
    80 Stat. 909, which comprises this subchapter.

-End-



-CITE-
    25 USC Sec. 1130                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LIV - MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1130. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to prescribe rules
    and regulations to carry out the provisions of sections 1122 to
    1130 of this title, including the establishment of deadlines.

-SOURCE-
    (Pub. L. 92-309, Sec. 9, June 2, 1972, 86 Stat. 200.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of Pub. L. 89-659, Oct. 14, 1966,
    80 Stat. 909, which comprises this subchapter.

-End-


-CITE-
    25 USC SUBCHAPTER LV - DUWAMISH TRIBE OF WASHINGTON:
           DISTRIBUTION OF JUDGMENT FUND                   01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LV - DUWAMISH TRIBE OF WASHINGTON: DISTRIBUTION OF
                     JUDGMENT FUND             

-HEAD-
       SUBCHAPTER LV - DUWAMISH TRIBE OF WASHINGTON: DISTRIBUTION OF
                               JUDGMENT FUND

-End-



-CITE-
    25 USC Sec. 1131                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LV - DUWAMISH TRIBE OF WASHINGTON: DISTRIBUTION OF
                     JUDGMENT FUND             

-HEAD-
    Sec. 1131. Membership roll; preparation; eligibility for
      enrollment; applications; place for filing; finality of
      determination

-STATUTE-
      The Secretary of the Interior shall prepare a roll of all persons
    who meet the following requirements for eligibility: (a) They were
    born on or prior to and living on October 14, 1966, and (b) they
    are descendants of members of the Duwamish Tribe as it existed in
    1855. Applications for enrollment must be filed with the area
    director of the Bureau of Indian Affairs, Portland, Oregon, on
    forms prescribed for that purpose. The determination of the
    Secretary regarding the utilization of available rolls or records
    and the eligibility for enrollment of an applicant shall be final.

-SOURCE-
    (Pub. L. 89-660, Sec. 1, Oct. 14, 1966, 80 Stat. 910.)

-End-



-CITE-
    25 USC Sec. 1132                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LV - DUWAMISH TRIBE OF WASHINGTON: DISTRIBUTION OF
                     JUDGMENT FUND             

-HEAD-
    Sec. 1132. Equal share distribution; persons entitled

-STATUTE-
      After the deduction of attorney fees, litigation expenses, the
    costs of roll preparation, and such sums as may be required to
    distribute individual shares, the funds, including interest,
    remaining to the credit of the Duwamish Tribe, which were
    appropriated by the Act of June 9, 1964 (78 Stat. 213), shall be
    distributed in equal shares to those persons whose names appear on
    the roll prepared in accordance with section 1131 of this title.

-SOURCE-
    (Pub. L. 89-660, Sec. 2, Oct. 14, 1966, 80 Stat. 911.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 9, 1964, referred to in text, is act June 9, 1964,
    Pub. L. 88-317, 78 Stat. 213, which was not classified to the Code.

-End-



-CITE-
    25 USC Sec. 1133                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LV - DUWAMISH TRIBE OF WASHINGTON: DISTRIBUTION OF
                     JUDGMENT FUND             

-HEAD-
    Sec. 1133. Payments to enrollees, heirs, or legatees; protection of
      minors and persons under legal disability; escheats

-STATUTE-
      The Secretary shall distribute a share payable to a living
    enrollee directly to such enrollee or in such manner as is deemed
    by the Secretary to be in the enrollee's best interest. The
    Secretary shall distribute the per capita share of a deceased
    enrollee to his heirs or legatees upon proof of death and
    inheritance satisfactory to the Secretary whose findings upon such
    proof shall be final and conclusive. Sums payable to enrollees or
    their heirs or legatees who are less than twenty-one years of age
    or who are under a legal disability shall be paid to the persons
    whom the Secretary determines will best protect their interests.
    Proportional shares of heirs or legatees amounting to $5 or less
    shall not be distributed, and shall escheat to the United States.
    In the event that the sum of money reserved by the Secretary to pay
    the costs of distributing the individual shares exceeds the amount
    actually necessary to accomplish this purpose, such funds shall
    also escheat to the United States.

-SOURCE-
    (Pub. L. 89-660, Sec. 3, Oct. 14, 1966, 80 Stat. 911.)

-End-



-CITE-
    25 USC Sec. 1134                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LV - DUWAMISH TRIBE OF WASHINGTON: DISTRIBUTION OF
                     JUDGMENT FUND             

-HEAD-
    Sec. 1134. Tax exemption

-STATUTE-
      The funds distributed under the provisions of this subchapter
    shall not be subject to Federal or State income taxes.

-SOURCE-
    (Pub. L. 89-660, Sec. 4, Oct. 14, 1966, 80 Stat. 911.)

-End-



-CITE-
    25 USC Sec. 1135                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LV - DUWAMISH TRIBE OF WASHINGTON: DISTRIBUTION OF
                     JUDGMENT FUND             

-HEAD-
    Sec. 1135. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to prescribe rules
    and regulations to carry out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 89-660, Sec. 5, Oct. 14, 1966, 80 Stat. 911.)

-End-


-CITE-
    25 USC SUBCHAPTER LVI - EMIGRANT NEW YORK INDIANS:
           DISTRIBUTION OF JUDGMENT FUND                   01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LVI - EMIGRANT NEW YORK INDIANS: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
        SUBCHAPTER LVI - EMIGRANT NEW YORK INDIANS: DISTRIBUTION OF
                               JUDGMENT FUND

-End-



-CITE-
    25 USC Sec. 1141                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LVI - EMIGRANT NEW YORK INDIANS: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1141. Distribution of funds; attorney's fees and expenses

-STATUTE-
      The funds on deposit in the Treasury of the United States to the
    credit of the Emigrant New York Indians that were appropriated by
    the Act of May 29, 1967 (81 Stat. 50), to pay a judgment by the
    Indian Claims Commission in Docket Numbered 75, and the interest
    thereon, after payment of attorney fees and expenses, shall be
    distributed as determined in sections 1144 and 1145 of this title.

-SOURCE-
    (Pub. L. 90-93, Sec. 1, Sept. 27, 1967, 81 Stat. 229.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of May 29, 1967, referred to in text, is act May 29, 1967,
    Pub. L. 90-21, 81 Stat. 50. That portion of the act which
    appropriated the funds referred to was not classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 1142                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LVI - EMIGRANT NEW YORK INDIANS: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1142. Membership rolls; Oneida Tribe of Wisconsin; Stockbridge-
      Munsee Indian Community of Wisconsin; Brotherton Indians of
      Wisconsin

-STATUTE-
      The Secretary of the Interior shall prepare rolls of all persons
    born on or prior to and living on September 27, 1967 (a) whose
    names appear on the membership roll of the Oneida Tribe of Indians
    of Wisconsin; or (b) whose names appear on the membership roll of
    the Stockbridge-Munsee Indian Community of Wisconsin; or (c) who
    are Brotherton Indians of Wisconsin of at least one-fourth degree
    Emigrant New York Indian blood and not members of either of the
    organized groups mentioned in (a) or (b).

-SOURCE-
    (Pub. L. 90-93, Sec. 2, Sept. 27, 1967, 81 Stat. 229.)

-End-



-CITE-
    25 USC Sec. 1143                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LVI - EMIGRANT NEW YORK INDIANS: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1143. Assistance of Secretary in preparing membership rolls;
      applications for enrollment

-STATUTE-
      For the purposes of expediting the enrollment of persons referred
    to in section 1142(a) and (b) of this title, the governing bodies
    of the Oneida Tribe of Indians of Wisconsin and the Stockbridge-
    Munsee Indian Community of Wisconsin shall, with the assistance of
    the Secretary, prepare membership rolls of their respective bands.
    Applications for enrollment under section 1142(c) of this title
    must be filed with the Superintendent of the Great Lakes Agency,
    Ashland, Wisconsin 54806, on forms prescribed for that purpose. The
    determination of the Secretary regarding the eligibility of the
    applicant shall be final.

-SOURCE-
    (Pub. L. 90-93, Sec. 3, Sept. 27, 1967, 81 Stat. 229.)

-End-



-CITE-
    25 USC Sec. 1144                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LVI - EMIGRANT NEW YORK INDIANS: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1144. Apportionment; ratio of apportioned shares

-STATUTE-
      The Secretary of the Interior shall apportion to each group
    mentioned in section 1142 of this title so much of the
    aforementioned judgment and accrued interest as the ratio of its
    enrollees bears to the total enrollees of all of said groups.

-SOURCE-
    (Pub. L. 90-93, Sec. 4, Sept. 27, 1967, 81 Stat. 229.)

-End-



-CITE-
    25 USC Sec. 1145                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LVI - EMIGRANT NEW YORK INDIANS: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1145. Disposition of apportioned shares

-STATUTE-
      The funds apportioned to the Oneida Tribe of Indians of Wisconsin
    and the Stockbridge-Munsee Indian Community of Wisconsin shall be
    placed to their credit and may be used, advanced, expended,
    deposited, invested, or reinvested for any purposes that are
    authorized by the tribal governing bodies thereof and approved by
    the Secretary of the Interior. The funds apportioned to the group
    mentioned in section 1142(c) of this title shall be available for
    distribution in equal shares to the enrollees or their heirs or
    legatees. Payment may be made directly to each enrollee except that
    a share payable to a person under twenty-one years of age or to a
    person under legal disability shall be paid in accordance with such
    procedures as the Secretary determines will adequately protect the
    best interests of such persons.

-SOURCE-
    (Pub. L. 90-93, Sec. 5, Sept. 27, 1967, 81 Stat. 229.)

-End-



-CITE-
    25 USC Sec. 1146                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LVI - EMIGRANT NEW YORK INDIANS: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1146. Federal and State income taxes

-STATUTE-
      None of the funds that may be distributed per capita shall be
    subject to Federal or State income taxes.

-SOURCE-
    (Pub. L. 90-93, Sec. 6, Sept. 27, 1967, 81 Stat. 230.)

-End-



-CITE-
    25 USC Sec. 1147                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LVI - EMIGRANT NEW YORK INDIANS: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1147. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to prescribe rules
    and regulations to carry out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 90-93, Sec. 7, Sept. 27, 1967, 81 Stat. 230.)

-End-


-CITE-
    25 USC SUBCHAPTER LVII - UPPER AND LOWER CHEHALIS TRIBES:
           DISTRIBUTION OF JUDGMENT FUND                   01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LVII - UPPER AND LOWER CHEHALIS TRIBES: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    SUBCHAPTER LVII - UPPER AND LOWER CHEHALIS TRIBES: DISTRIBUTION OF
                               JUDGMENT FUND

-End-



-CITE-
    25 USC Sec. 1151                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LVII - UPPER AND LOWER CHEHALIS TRIBES: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1151. Membership roll; preparation; eligibility for
      enrollment; applications; finality of determination

-STATUTE-
      The Secretary of the Interior shall prepare a roll of all persons
    who meet the following requirements for eligibility: (a) They were
    alive on October 24, 1967, and (b) they are descendants of members
    of the Upper and Lower Chehalis Tribes as they existed in 1855.
    Applications for enrollment must be filed with the Superintendent,
    Western Washington Agency, Everett, Washington, on forms prescribed
    for that purpose. The determination of the Secretary regarding the
    utilization of available rolls or records and the eligibility for
    enrollment of an applicant shall be final.

-SOURCE-
    (Pub. L. 90-114, Sec. 1, Oct. 24, 1967, 81 Stat. 335.)

-End-



-CITE-
    25 USC Sec. 1152                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LVII - UPPER AND LOWER CHEHALIS TRIBES: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1152. Distribution in equal shares

-STATUTE-
      After the deduction of attorney fees, litigation expenses, the
    costs of roll preparation, and such sums as may be required to
    distribute individual shares, the funds, including interest,
    remaining to the credit of the Upper and Lower Chehalis Tribes,
    which were appropriated by the Act of June 9, 1964 (78 Stat. 213),
    shall be distributed in equal shares to those persons whose names
    appear on the roll prepared in accordance with section 1151 of this
    title.

-SOURCE-
    (Pub. L. 90-114, Sec. 2, Oct. 24, 1967, 81 Stat. 335.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 9, 1964, referred to in text, is act June 9, 1964,
    Pub. L. 88-317, 78 Stat. 213, which was not classified to the Code.

-End-



-CITE-
    25 USC Sec. 1153                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LVII - UPPER AND LOWER CHEHALIS TRIBES: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1153. Payments to minors and persons under legal disabilities;
      escheats

-STATUTE-
      Sums payable to enrollees or to their heirs or legatees who are
    less than twenty-one years of age or who are under a legal
    disability shall be held in trust by the Secretary of the Interior
    with use limited to emergency medical care and direct educational
    expenses, until such minor becomes of age or disability ceases.
    Proportional shares of heirs or legatees amounting to $5 or less
    shall not be distributed, and shall escheat to the United States.
    In the event that the sum of money reserved by the Secretary to pay
    the costs of distributing the individual shares exceeds the amount
    actually necessary to accomplish this purpose, the money remaining
    shall also be distributed per capita unless individual shares would
    have a value of less than $5. Individual shares or proportional
    shares of heirs or legatees amounting to $5 or less shall not be
    distributed, but shall escheat to the United States.

-SOURCE-
    (Pub. L. 90-114, Sec. 3, Oct. 24, 1967, 81 Stat. 335.)

-End-



-CITE-
    25 USC Sec. 1154                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LVII - UPPER AND LOWER CHEHALIS TRIBES: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1154. Tax exemption

-STATUTE-
      The funds distributed under the provisions of this subchapter
    shall not be subject to Federal or State income taxes.

-SOURCE-
    (Pub. L. 90-114, Sec. 4, Oct. 24, 1967, 81 Stat. 335.)

-End-



-CITE-
    25 USC Sec. 1155                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LVII - UPPER AND LOWER CHEHALIS TRIBES: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1155. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to prescribe rules
    and regulations to carry out the provisions of this subchapter,
    including appropriate deadline for filing enrollment applications.

-SOURCE-
    (Pub. L. 90-114, Sec. 5, Oct. 24, 1967, 81 Stat. 335.)

-End-


-CITE-
    25 USC SUBCHAPTER LVIII - CHEYENNE-ARAPAHO INDIANS OF
           OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LVIII - CHEYENNE-ARAPAHO INDIANS OF OKLAHOMA:
           DISTRIBUTION OF JUDGMENT FUND                 

-HEAD-
         SUBCHAPTER LVIII - CHEYENNE-ARAPAHO INDIANS OF OKLAHOMA:
                       DISTRIBUTION OF JUDGMENT FUND

-End-



-CITE-
    25 USC Sec. 1161                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LVIII - CHEYENNE-ARAPAHO INDIANS OF OKLAHOMA:
           DISTRIBUTION OF JUDGMENT FUND                 

-HEAD-
    Sec. 1161. Authorization for distribution of funds

-STATUTE-
      The Secretary of the Interior is authorized and directed to
    distribute and expend the funds on deposit in the Treasury of the
    United States to the credit of the Cheyenne-Arapaho Tribes of
    Oklahoma that were appropriated by the Act of October 31, 1965 (79
    Stat. 1133), in satisfaction of the settlement and compromise of
    claims of said tribes against the United States in the Indian
    Claims Commission in dockets numbered 329A and 329B, together with
    the interest accrued thereon, as herein provided.

-SOURCE-
    (Pub. L. 90-117, Sec. 1, Oct. 31, 1967, 81 Stat. 337.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of October 31, 1965, referred to in text, is act Oct. 31,
    1965, Pub. L. 89-309, 79 Stat. 1133. That portion of the act which
    appropriated the funds referred to was not classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 1162                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LVIII - CHEYENNE-ARAPAHO INDIANS OF OKLAHOMA:
           DISTRIBUTION OF JUDGMENT FUND                 

-HEAD-
    Sec. 1162. Trust; education and scholarships; approval of agreement

-STATUTE-
      Five hundred thousand dollars of said funds shall be held in
    trust for the purpose of providing education and scholarships for
    members of said tribes pursuant to a trust agreement to be made and
    entered into by and between said tribes, as grantor, and a national
    banking association located in the State of Oklahoma, as trustee,
    which trust agreement shall be authorized and approved by the
    tribal governing body and approved by the Secretary of the
    Interior.

-SOURCE-
    (Pub. L. 90-117, Sec. 2, Oct. 31, 1967, 81 Stat. 337.)

-End-



-CITE-
    25 USC Sec. 1163                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LVIII - CHEYENNE-ARAPAHO INDIANS OF OKLAHOMA:
           DISTRIBUTION OF JUDGMENT FUND                 

-HEAD-
    Sec. 1163. Payments to enrollees, heirs or legatees; trust for
      minors and persons under legal disability; approval of agreement

-STATUTE-
      The Secretary of the Interior shall distribute remaining funds
    per capita to all persons alive on October 31, 1967, whose names
    appear on the membership roll of the Cheyenne-Arapaho Tribes of
    Oklahoma or who, on October 31, 1967, were eligible for membership,
    hereinafter referred to as "enrollees", as follows:
        (a) A share payable to an enrollee not less than eighteen years
      of age shall be paid directly in one payment to such enrollee,
      except as provided in subsections (b) and (c) of this section;
        (b) A share payable to an enrollee dying after October 31,
      1967, shall be distributed to his heirs or legatees upon the
      filing of proof of death and inheritance satisfactory to the
      Secretary of the Interior, or his authorized representative,
      whose findings and determinations upon such proof shall be final
      and conclusive: Provided, That if a share of such deceased
      enrollee, or a portion thereof, is payable to an heir or legatee
      under eighteen years of age or to an heir or legatee under legal
      disability other than because of age, the same shall be paid and
      held in trust pursuant to subsection (c) of this section;
        (c) A share or proportional share payable to an enrollee or
      person under eighteen years of age or to an enrollee or person
      under legal disability other than because of age shall be paid
      and held in trust for such enrollee or person pursuant to a trust
      agreement to be made and entered into by and between the Cheyenne-
      Arapaho Tribes of Oklahoma, as grantor, and a national banking
      association located in the State of Oklahoma, as Trustee, which
      trust agreement shall be authorized and approved by the tribal
      governing body and approved by the Secretary of the Interior. The
      Secretary of the Interior is authorized to approve amendments to
      trust agreements entered into pursuant to this subchapter, to
      permit the distribution of assets to, and the termination of
      trusts for, minor beneficiaries, not under other legal
      disability, who have attained or who shall hereafter attain the
      age of eighteen years.

-SOURCE-
    (Pub. L. 90-117, Sec. 3, Oct. 31, 1967, 81 Stat. 337; Pub. L. 92-
    439, Sept. 29, 1972, 86 Stat. 742.)


-MISC1-
                                AMENDMENTS                            
      1972 - Pub. L. 92-439 lowered period of minority from twenty-one
    to eighteen years of age in subsecs. (a) to (c), qualified the
    legal disability in subsecs. (b) and (c) to a disability other than
    one of age, and provided for subsec. (c) authorization of
    amendments to trust agreements, distribution of assets, and
    termination of trusts for beneficiaries eighteen years of age
    without any other legal disability.

-End-



-CITE-
    25 USC Sec. 1164                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LVIII - CHEYENNE-ARAPAHO INDIANS OF OKLAHOMA:
           DISTRIBUTION OF JUDGMENT FUND                 

-HEAD-
    Sec. 1164. Claims

-STATUTE-
    (a) Time for filing; reversion of funds upon failure to file
      All claims for per capita shares, whether by a living enrollee or
    by the heirs or legatees of a deceased enrollee, shall be filed
    with the area director of the Bureau of Indian Affairs, Anadarko,
    Oklahoma, not later than three years from October 31, 1967.
    Thereafter, all claims and the right to file same shall be forever
    barred and the unclaimed shares shall revert to the tribes.
    (b) Use of reverted funds
      Tribal funds that revert to the tribes pursuant to subsection (a)
    of this section, including interest and income therefrom, may be
    advanced or expended for any purpose that is authorized by the
    tribal governing body.

-SOURCE-
    (Pub. L. 90-117, Sec. 4, Oct. 31, 1967, 81 Stat. 338.)

-End-



-CITE-
    25 USC Sec. 1165                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LVIII - CHEYENNE-ARAPAHO INDIANS OF OKLAHOMA:
           DISTRIBUTION OF JUDGMENT FUND                 

-HEAD-
    Sec. 1165. Tax exemption

-STATUTE-
      No part of any funds distributed or held in trust under the
    provisions of this subchapter shall be subject to Federal or State
    income taxes.

-SOURCE-
    (Pub. L. 90-117, Sec. 5, Oct. 31, 1967, 81 Stat. 338.)

-End-



-CITE-
    25 USC Sec. 1166                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LVIII - CHEYENNE-ARAPAHO INDIANS OF OKLAHOMA:
           DISTRIBUTION OF JUDGMENT FUND                 

-HEAD-
    Sec. 1166. Costs

-STATUTE-
    (a) Payment from judgment fund
      All costs incident to making the payments authorized by this
    subchapter including the costs of payment roll preparation and such
    sums as may be required to distribute said funds, shall be paid by
    appropriate withdrawals from the judgment fund and interest on the
    judgment fund, using the interest fund first.
    (b) Use of reverted funds
      In the event that the sum of money reserved by the Secretary of
    the Interior to pay the costs of distributing said funds exceeds
    the amount actually necessary to accomplish this purpose, the money
    remaining shall revert to the tribes and may be advanced or
    expended for any purpose that is authorized and approved by the
    tribal governing body.

-SOURCE-
    (Pub. L. 90-117, Sec. 6, Oct. 31, 1967, 81 Stat. 338.)

-End-



-CITE-
    25 USC Sec. 1167                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LVIII - CHEYENNE-ARAPAHO INDIANS OF OKLAHOMA:
           DISTRIBUTION OF JUDGMENT FUND                 

-HEAD-
    Sec. 1167. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to prescribe rules
    and regulations to carry out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 90-117, Sec. 7, Oct. 31, 1967, 81 Stat. 338.)

-End-


-CITE-
    25 USC SUBCHAPTER LIX - IOWA TRIBES OF KANSAS AND
           NEBRASKA AND OF OKLAHOMA: DISTRIBUTION OF
           JUDGMENT FUND                                   01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LIX - IOWA TRIBES OF KANSAS AND NEBRASKA AND OF OKLAHOMA:
           DISTRIBUTION OF JUDGMENT FUND                 

-HEAD-
        SUBCHAPTER LIX - IOWA TRIBES OF KANSAS AND NEBRASKA AND OF
                  OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND

-End-



-CITE-
    25 USC Sec. 1171                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LIX - IOWA TRIBES OF KANSAS AND NEBRASKA AND OF OKLAHOMA:
           DISTRIBUTION OF JUDGMENT FUND                 

-HEAD-
    Sec. 1171. Distribution of funds; authorized spending; per capita
      payment; tax exemption

-STATUTE-
      The funds on deposit in the United States Treasury to the credit
    of the Iowa Tribes of Kansas and Nebraska and of Oklahoma that were
    appropriated by the Act of April 30, 1965 (79 Stat. 81), to pay a
    judgment by the Indian Claims Commission in dockets numbered 138
    and 79, and the interest thereon, after payment of attorney fees
    and other litigation expenses, shall be divided on the basis of
    171/279ths (61.29 per centum) to the Iowas of Kansas and Nebraska
    and 108/279ths (38.71 per centum) to the Iowas of Oklahoma, and the
    funds so divided, including interest accruing thereon, may be
    invested or expended for any purpose that is authorized by the
    respective tribal governing bodies and approved by the Secretary of
    the Interior. Any per capita distribution of any part of the funds
    placed to the credit of the Iowa Tribes of Kansas and Nebraska and
    of Oklahoma shall be payable only to those persons who meet the
    membership requirements specified in the respective tribal
    constitutions, and such per capita payments shall not be subject to
    Federal or State income tax.

-SOURCE-
    (Pub. L. 90-199, Dec. 14, 1967, 81 Stat. 583.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of April 30, 1965, referred to in text, is act Apr. 30, 1965,
    Pub. L. 89-16, 79 Stat. 81, known as the Second Supplemental
    Appropriation Act, 1965. That portion of the act which appropriated
    the funds referred to was not classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-


-CITE-
    25 USC SUBCHAPTER LX - DELAWARE NATION OF INDIANS           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LX - DELAWARE NATION OF INDIANS

-HEAD-
                SUBCHAPTER LX - DELAWARE NATION OF INDIANS            

-End-



-CITE-
    25 USC Sec. 1181                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LX - DELAWARE NATION OF INDIANS

-HEAD-
    Sec. 1181. Distribution of judgment fund; preparation of Indian
      roll; eligibility

-STATUTE-
      The Secretary of the Interior shall prepare a roll of all persons
    who meet the following requirements for eligibility: (a) They were
    born on or prior to and living on September 21, 1968; (b) their
    name or the name of a lineal ancestor appears on the Delaware
    Indian per capita payroll approved by the Secretary on April 20,
    1906, or (c) their name or the name of a lineal ancestor is on or
    is eligible to be on the constructed base census roll as of 1940 of
    the Absentee Delaware Tribe of Western Oklahoma, approved by the
    Secretary of the Interior, or (d) they are lineal descendants of
    Delaware Indians who were members of the Delaware Nation of Indians
    as constituted at the time of the Treaty of October 3, 1818 (7
    Stat. 188), and their name or the name of a lineal ancestor appears
    on any available census roll or any other records acceptable to the
    Secretary. No person shall be eligible to be enrolled under this
    section who is not a citizen of the United States. Applications for
    enrollment must be filed with the Area Director of the Bureau of
    Indian Affairs, Muskogee, Oklahoma, or the Area Director of the
    Bureau of Indian Affairs, Anadarko, Oklahoma, on forms prescribed
    for that purpose. All applications filed shall be reviewed and a
    judgment of the eligibility of each applicant will be made and
    recommendation given in writing to the respective area directors by
    a committee composed of representatives of the two Oklahoma
    Delaware groups prior to submission of names to the Secretary of
    the Interior for acceptance on the distribution roll. The
    determination of the Secretary regarding the utilization of
    available rolls or records and the eligibility for enrollment of an
    applicant shall be final.

-SOURCE-
    (Pub. L. 90-508, Sec. 1, Sept. 21, 1968, 82 Stat. 861.)

-End-



-CITE-
    25 USC Sec. 1182                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LX - DELAWARE NATION OF INDIANS

-HEAD-
    Sec. 1182. Division between Cherokee Delawares and the Delaware
      Tribe of Indians of Western Oklahoma

-STATUTE-
      There shall be withdrawn from the funds on deposit in the
    Treasury of the United States to the credit of the Delaware Nation
    that were appropriated by the Act of October 7, 1964 (78 Stat.
    1033), and the interest accrued thereon, using the interest fund
    first, $7,000, which shall be divided equally between the Cherokee
    Delawares and the Delaware Tribe of Indians of Western Oklahoma,
    and shall be available for claims expenses incurred by the duly
    authorized personnel of the two tribal groups, as set forth in
    their joint resolution numbered 4-68 adopted on September 9, 1967.

-SOURCE-
    (Pub. L. 90-508, Sec. 2, Sept. 21, 1968, 82 Stat. 861.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of October 7, 1964, referred to in text, is act Oct. 7, 1964,
    Pub. L. 88-635, 78 Stat. 1033, known as the Supplemental
    Appropriation Act, 1965. That portion of the act which appropriated
    the funds referred to was not classified to the Code.

-End-



-CITE-
    25 USC Sec. 1183                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LX - DELAWARE NATION OF INDIANS

-HEAD-
    Sec. 1183. Equal share distribution

-STATUTE-
      After the deduction of attorney fees and expenses, litigation
    expenses, all costs incident to the provisions of this subchapter,
    and to making the payments authorized by this subchapter, including
    the cost of roll preparation, which shall be paid by appropriate
    withdrawals from the judgment fund, the unexpended balance of the
    funds on deposit in the Treasury shall be distributed in equal
    shares to those persons whose names appear on the roll prepared in
    accordance with section 1181 of this title. No person shall be
    entitled to more than one per capita share of the funds.

-SOURCE-
    (Pub. L. 90-508, Sec. 3, Sept. 21, 1968, 82 Stat. 862.)

-End-



-CITE-
    25 USC Sec. 1184                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LX - DELAWARE NATION OF INDIANS

-HEAD-
    Sec. 1184. Heirs of deceased enrollees

-STATUTE-
      The Secretary shall distribute a share payable to a living
    enrollee directly to such enrollee. The Secretary shall distribute
    the per capita share of a deceased enrollee to his heirs or
    legatees upon proof of death and inheritance satisfactory to the
    Secretary whose findings upon such proof shall be final and
    conclusive. Sums payable to enrollees or their heirs or legatees
    who are less than twenty-one years of age or who are under a legal
    disability shall be paid in accordance with such procedures as the
    Secretary determines will best protect their interests.

-SOURCE-
    (Pub. L. 90-508, Sec. 4, Sept. 21, 1968, 82 Stat. 862.)

-End-



-CITE-
    25 USC Sec. 1185                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LX - DELAWARE NATION OF INDIANS

-HEAD-
    Sec. 1185. Tax exemption

-STATUTE-
      The funds distributed under the provisions of this subchapter
    shall not be subject to Federal or State income tax.

-SOURCE-
    (Pub. L. 90-508, Sec. 5, Sept. 21, 1968, 82 Stat. 862.)

-End-



-CITE-
    25 USC Sec. 1186                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LX - DELAWARE NATION OF INDIANS

-HEAD-
    Sec. 1186. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to prescribe rules
    and regulations to carry out the provisions of this subchapter,
    including a deadline for filing enrollment applications.

-SOURCE-
    (Pub. L. 90-508, Sec. 6, Sept. 21, 1968, 82 Stat. 862.)

-End-


-CITE-
    25 USC SUBCHAPTER LXI - CONFEDERATED                        01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS

                       SUBCHAPTER LXI - CONFEDERATED                   
                      TRIBES OF UMATILLA RESERVATION:                  
                       DISTRIBUTION OF JUDGMENT FUND                   

-End-



-CITE-
    25 USC Sec. 1191                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS

-HEAD-
    Sec. 1191. Per capita distribution; trusts for minors and
      incompetents; payments to heirs or legatees

-STATUTE-
      The entire unexpended balance of funds that were appropriated by
    the Act of May 13, 1966 (80 Stat. 141) to pay a judgment by the
    Indian Claims Commission entered in docket numbers 264, 264A, and
    264B in favor of the Confederated Tribes of the Umatilla Indian
    Reservation, and the interest thereon, less litigation expenses,
    estimated costs of distribution, and $200,000 to be used as
    provided in section 1195 of this title, shall be distributed, per
    capita, in equal shares to all eligible members of the Confederated
    Tribes as defined in this subchapter under such terms and
    conditions as are authorized by the tribal governing body and
    approved by the Secretary of the Interior, including the
    establishment of trusts for minors and incompetents. Payments to
    heirs or legatees shall be made upon proof of death and inheritance
    satisfactory to the Secretary, whose findings shall be final and
    conclusive. Such per capita distribution shall be made in three
    installments of approximately equal amount, the first installment
    to be made as soon as possible after May 21, 1970, and the next two
    installments to be made at six-month intervals.

-SOURCE-
    (Pub. L. 91-259, Sec. 1, May 21, 1970, 84 Stat. 253.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of May 13, 1966, referred to in text, is act May 13, 1966,
    Pub. L. 89-426, 80 Stat. 141, which was not classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 1192                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS

-HEAD-
    Sec. 1192. Eligibility for per capita payments

-STATUTE-
      The persons eligible to receive such per capita payments shall be
    all persons who were living on December 17, 1965, and whose names
    appear on any of the following:
      (a) The membership roll of the Confederated Tribes as of June 15,
    1957, as approved by the Bureau of Indian Affairs on January 10,
    1958, or
      (b) The supplemental membership roll as of April 12, 1960,
    approved by the Bureau of Indian Affairs on January 27, 1961, and
    also any other persons born after July 1, 1949, and living on or at
    any time between December 17, 1965, and May 21, 1970, who were
    either enrolled as of May 21, 1970, or became entitled to
    enrollment under section (b), article IV of the constitution and
    bylaws of the Confederated Tribes adopted November 4, 1949, as
    determined by the Secretary of the Interior or his authorized
    representative.

-SOURCE-
    (Pub. L. 91-259, Sec. 2, May 21, 1970, 84 Stat. 254.)

-End-



-CITE-
    25 USC Sec. 1193                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS

-HEAD-
    Sec. 1193. Status of funds pending distribution

-STATUTE-
      Until distributed such funds shall remain tribal funds and the
    shares herein designated for the eligible members shall constitute
    inheritable property from and after December 17, 1965.

-SOURCE-
    (Pub. L. 91-259, Sec. 3, May 21, 1970, 84 Stat. 254.)

-End-



-CITE-
    25 USC Sec. 1194                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS

-HEAD-
    Sec. 1194. Per capita distributions as exempt from taxation

-STATUTE-
      The per capita distributions of such funds shall not be subject
    to Federal or State income tax.

-SOURCE-
    (Pub. L. 91-259, Sec. 4, May 21, 1970, 84 Stat. 254.)

-End-



-CITE-
    25 USC Sec. 1195                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS

-HEAD-
    Sec. 1195. Disposition of funds withheld from per capita
      distribution

-STATUTE-
      The $200,000 withheld from per capita distribution pursuant to
    section 1191 of this title shall be invested or placed in trust
    with an institutional trustee by the Secretary of the Interior,
    under terms and conditions approved by the tribal governing body.
    The income from the investment or trust, together with such
    invasions of the principal or trust corpus as the Secretary deems
    desirable, shall be used for the education of members of the tribe
    until such time as the tribal governing body, with the approval of
    the Secretary, determines that the funds should be used in some
    other manner.

-SOURCE-
    (Pub. L. 91-259, Sec. 5, May 21, 1970, 84 Stat. 254.)

-End-


-CITE-
    25 USC SUBCHAPTER LXII - SIOUX TRIBE OF MONTANA:
           DISTRIBUTION OF JUDGMENT FUND                   01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXII - SIOUX TRIBE OF MONTANA: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    SUBCHAPTER LXII - SIOUX TRIBE OF MONTANA: DISTRIBUTION OF JUDGMENT
                                   FUND

-End-



-CITE-
    25 USC Sec. 1201                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXII - SIOUX TRIBE OF MONTANA: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1201. Per capita distributions to tribal members; attorney's
      fees, expenses, and other deductions; eligibility of members

-STATUTE-
      The funds appropriated by the Act of October 21, 1968 (82 Stat.
    1190, 1198), to pay a judgment to the Sioux Tribe of the Fort Peck
    Reservation, Montana, in Indian Claims Commission Docket Numbered
    279A and the interest thereon, after payment of attorney's fees and
    all appropriate expenses, and after deducting $50,000 to be used as
    provided in section 1205 of this title, and after deducting the
    estimated costs of distribution, shall be distributed per capita to
    each person born on or before, and living on, June 19, 1970, who is
    a citizen of the United States and duly enrolled, on a roll
    approved by the Secretary of the Interior, as a member of the Sioux
    Tribe of the Fort Peck Reservation, in accordance with eligibility
    requirements and procedures agreed upon by the Secretary of the
    Interior and the tribe, or its authorized representatives.

-SOURCE-
    (Pub. L. 91-283, Sec. 1, June 19, 1970, 84 Stat. 313.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of October 21, 1968, referred to in text, is act Oct. 21,
    1968, Pub. L. 90-608, 82 Stat. 1190, known as the Supplemental
    Appropriation Act, 1969. Chapter XII of act Oct. 21, 1968, set out
    at 82 Stat. 1198, appropriated the funds referred to and was not
    classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 1202                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXII - SIOUX TRIBE OF MONTANA: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1202. Per capita shares; reversion to tribe; use of reverted
      funds

-STATUTE-
      The per capita shares shall be determined on the basis of the
    number of persons eligible for per capitas and the number of
    persons rejected for per capitas who have taken a timely appeal.
    The shares of those persons whose appeals are denied shall revert
    to the Sioux Tribe of the Fort Peck Reservation, Montana, to be
    expended for any purpose designated by the tribe and approved by
    the Secretary.

-SOURCE-
    (Pub. L. 91-283, Sec. 2, June 19, 1970, 84 Stat. 313.)

-End-



-CITE-
    25 USC Sec. 1203                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXII - SIOUX TRIBE OF MONTANA: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1203. Protection of minors and persons under legal disability

-STATUTE-
      Sums payable to enrollees or their heirs or legatees who are less
    than twenty-one years of age or who are under a legal disability
    shall be paid in accordance with such procedures, including the
    establishment of trusts, as the Secretary of the Interior
    determines appropriate to protect the best interests of such
    persons.

-SOURCE-
    (Pub. L. 91-283, Sec. 3, June 19, 1970, 84 Stat. 313.)

-End-



-CITE-
    25 USC Sec. 1204                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXII - SIOUX TRIBE OF MONTANA: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1204. Tax exemption

-STATUTE-
      The funds distributed under the provisions of this subchapter
    shall not be subject to Federal or State income taxes.

-SOURCE-
    (Pub. L. 91-283, Sec. 4, June 19, 1970, 84 Stat. 313.)

-End-



-CITE-
    25 USC Sec. 1205                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXII - SIOUX TRIBE OF MONTANA: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1205. Amount of agreed contribution to joint account for
      expenditure for official salaries and expenses of Fort Peck
      Tribes; discretionary per capita distributions

-STATUTE-
      Upon agreement by the Fort Peck Sioux Tribe and the Fort Peck
    Assiniboine Tribe on the amount each agrees to contribute from any
    award to each tribe in Indian Claims Commission Docket No. 279A,
    the agreed contribution of the Fort Peck Sioux Tribe shall be
    withdrawn from the $50,000, and interest thereon, withheld from per
    capita distribution pursuant to section 1201 of this title, and
    credited to the joint account for expenditure pursuant to the Act
    of June 29, 1954 (68 Stat. 329): Provided, That upon request of the
    Fort Peck Sioux Tribe the Secretary of the Interior in his
    discretion may distribute all or part of the aforesaid $50,000 and
    interest thereon per capita to each person eligible under section
    1201 of this title.

-SOURCE-
    (Pub. L. 91-283, Sec. 5, June 19, 1970, 84 Stat. 313.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.
      Act of June 29, 1954, referred to in text, is act June 29, 1954,
    ch. 421, 68 Stat. 329, which was not classified to the Code.

-End-


-CITE-
    25 USC SUBCHAPTER LXIII - TLINGIT AND HAIDA INDIANS OF
           ALASKA                                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXIII - TLINGIT AND HAIDA INDIANS OF ALASKA

-HEAD-
          SUBCHAPTER LXIII - TLINGIT AND HAIDA INDIANS OF ALASKA      

-End-



-CITE-
    25 USC Sec. 1211                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXIII - TLINGIT AND HAIDA INDIANS OF ALASKA

-HEAD-
    Sec. 1211. Distribution of fund; authorized spending; tax exemption

-STATUTE-
      The unexpended funds and interest thereon on deposit in the
    Treasury of the United States to the credit of and otherwise
    invested by the Secretary of the Interior for the account of the
    Tlingit and Haida Indians of Alaska which were appropriated by the
    Act of July 9, 1968 (82 Stat. 307), to pay the judgment of the
    Court of Claims in the case entitled. The Tlingit and Haida Indians
    of Alaska, et al. versus The United States, numbered 47900, after
    payment of attorney fees and expenses, may be advanced, expended,
    invested or used for any purpose and in any manner authorized by
    the Central Council of the Tlingit and Haida Indians of Alaska and
    approved by the Secretary of the Interior. Any of such funds that
    may be distributed under the provisions of this subchapter shall
    not be subject to Federal or State income taxes.

-SOURCE-
    (Pub. L. 91-335, July 13, 1970, 84 Stat. 431.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of July 9, 1968, referred to in text, is act July 9, 1968,
    Pub. L. 90-392, 82 Stat. 307, known as the Second Supplemental
    Appropriation Act, 1968. That portion of the act which appropriated
    the funds referred to was not classified to the Code.
      The Court of Claims, referred to in text, and the Court of
    Customs and Patent Appeals were merged effective Oct. 1, 1982, into
    a new United States Court of Appeals for the Federal Circuit by
    Pub. L. 97-164, Apr. 2, 1982, 96 Stat. 25, which also created a
    United States Claims Court [now United States Court of Federal
    Claims] that inherited the trial jurisdiction of the Court of
    Claims. See sections 48, 171 et seq., 791 et seq., and 1491 et seq.
    of Title 28, Judiciary and Judicial Procedure.

-End-



-CITE-
    25 USC Sec. 1212                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXIII - TLINGIT AND HAIDA INDIANS OF ALASKA

-HEAD-
    Sec. 1212. Findings

-STATUTE-
      The Congress finds and declares that - 
        (1) the United States has acknowledged the Central Council of
      Tlingit and Haida Indian Tribes of Alaska pursuant to the Act of
      June 19, 1935 (49 Stat. 388, as amended, commonly referred to as
      the "Jurisdiction Act"), as a federally recognized Indian tribe;
        (2) on October 21, 1993, the Secretary of the Interior
      published a list of federally recognized Indian tribes pursuant
      to part 83 of title 25 of the Code of Federal Regulations which
      omitted the Central Council of Tlingit and Haida Indian Tribes of
      Alaska;
        (3) the Secretary does not have the authority to terminate the
      federally recognized status of an Indian tribe as determined by
      Congress;
        (4) the Secretary may not administratively diminish the
      privileges and immunities of federally recognized Indian tribes
      without the consent of Congress; and
        (5) the Central Council of Tlingit and Haida Indian Tribes of
      Alaska continues to be a federally recognized Indian tribe.

-SOURCE-
    (Pub. L. 103-454, title II, Sec. 202, Nov. 2, 1994, 108 Stat.
    4792.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 19, 1935, referred to in par. (1), is act June 19,
    1935, ch. 275, 49 Stat. 388, as amended, which is not classified to
    the Code.


-MISC1-
                                SHORT TITLE                            
      Section 201 of title II of Pub. L. 103-454 provided that: "This
    title [enacting this section and sections 1213 to 1215 of this
    title] may be cited as the 'Tlingit and Haida Status Clarification
    Act'."

-End-



-CITE-
    25 USC Sec. 1213                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXIII - TLINGIT AND HAIDA INDIANS OF ALASKA

-HEAD-
    Sec. 1213. Reaffirmation of tribal status

-STATUTE-
      The Congress reaffirms and acknowledges that the Central Council
    of Tlingit and Haida Indian Tribes of Alaska is a federally
    recognized Indian tribe.

-SOURCE-
    (Pub. L. 103-454, title II, Sec. 203, Nov. 2, 1994, 108 Stat.
    4792.)

-End-



-CITE-
    25 USC Sec. 1214                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXIII - TLINGIT AND HAIDA INDIANS OF ALASKA

-HEAD-
    Sec. 1214. Disclaimer

-STATUTE-
    (a) In general
      Nothing in sections 1212 to 1215 of this title shall be
    interpreted to diminish or interfere with the government-to-
    government relationship between the United States and other
    federally recognized Alaska Native tribes, nor to vest any power,
    authority, or jurisdiction in the Central Council of Tlingit and
    Haida Indian Tribes of Alaska over other federally recognized
    Alaska Native tribes.
    (b) Constitution of Central Council of Tlingit and Haida Indian
      Tribes of Alaska
      Nothing in sections 1212 to 1215 of this title shall be construed
    as codifying the Constitution of the Central Council of the Tlingit
    and Haida Indian Tribes of Alaska into Federal law.

-SOURCE-
    (Pub. L. 103-454, title II, Sec. 204, Nov. 2, 1994, 108 Stat.
    4793.)

-End-



-CITE-
    25 USC Sec. 1215                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXIII - TLINGIT AND HAIDA INDIANS OF ALASKA

-HEAD-
    Sec. 1215. Prohibition against duplicative services

-STATUTE-
      Other federally recognized tribes in Southeast Alaska shall have
    precedence over the Central Council of Tlingit and Haida Indian
    Tribes of Alaska in the award of a Federal compact, contract or
    grant to the extent that their service population overlaps with
    that of the Central Council of Tlingit and Haida Indian Tribes of
    Alaska. In no event shall dually enrolled members result in
    duplication of Federal service funding.

-SOURCE-
    (Pub. L. 103-454, title II, Sec. 205, Nov. 2, 1994, 108 Stat. 4793;
    Pub. L. 104-109, Sec. 10, Feb. 12, 1996, 110 Stat. 765.)


-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-109 substituted "Indian Tribes of Alaska." for
    "Indian tribes of Alaska."

-End-


-CITE-
    25 USC SUBCHAPTER LXIV  -  CONFEDERATED TRIBES OF WEAS,
           PIANKASHAWS, PEORIAS, AND KASKASKIAS:
           DISTRIBUTION OF JUDGMENT FUND                   01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXIV  -  CONFEDERATED TRIBES OF WEAS, PIANKASHAWS,
           PEORIAS, AND KASKASKIAS: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
       SUBCHAPTER LXIV  -  CONFEDERATED TRIBES OF WEAS, PIANKASHAWS,
          PEORIAS, AND KASKASKIAS: DISTRIBUTION OF JUDGMENT FUND

-End-



-CITE-
    25 USC Sec. 1221                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXIV  -  CONFEDERATED TRIBES OF WEAS, PIANKASHAWS,
           PEORIAS, AND KASKASKIAS: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 1221. Membership roll

-STATUTE-
    (a) Preparation; eligibility for enrollment
      The Secretary of the Interior shall prepare a roll of all persons
    who meet the following requirements: (1) they were born on or prior
    to and were living on July 31, 1970; (2) their names or the name of
    a lineal ancestor from whom they claim eligibility appears on (a)
    the final roll of the Peoria Tribe of Indians of Oklahoma, pursuant
    to the Act of August 2, 1956 (70 Stat. 937) [25 U.S.C. 821 et
    seq.], or (b) the January 1, 1937, census of the Peoria Tribe, or
    (c) the 1920 census of the Peoria Tribe, or (d) the Indian or
    Citizen Class lists pursuant to the Treaty of February 23, 1867 (15
    Stat. 520), or (e) the Schedule of Persons or Families composing
    the United Tribes of Weas, Piankashaws, Peorias, and Kaskaskias,
    annexed to the Treaty of May 30, 1854.
    (b) Applications; finality of determination
      Applications for enrollment must be filed with the area director
    of the Bureau of Indian Affairs, Muskogee, Oklahoma, in the manner
    and within the time limits prescribed for that purpose by the
    Secretary of the Interior. The determination of the Secretary
    regarding the eligibility of an applicant shall be final.

-SOURCE-
    (Pub. L. 91-364, Sec. 1, July 31, 1970, 84 Stat. 688.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of August 2, 1956, referred to in subsec. (a), is act Aug. 2,
    1956, ch. 881, 70 Stat. 937, which was classified generally to
    subchapter XXXVI (Sec. 821 et seq.) of this title and was repealed
    by Pub. L. 95-281, Sec. 1(b)(2), May 15, 1978, 92 Stat. 246.

-End-



-CITE-
    25 USC Sec. 1222                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXIV  -  CONFEDERATED TRIBES OF WEAS, PIANKASHAWS,
           PEORIAS, AND KASKASKIAS: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 1222. Disposition of funds: improvement and maintenance of
      Peoria Indian Cemetery; distribution of balance in equal shares

-STATUTE-
      After the deduction of attorneys' fees and expenses and the
    administrative costs involved in the preparation of the roll and
    the distribution of the individual shares, the remaining funds on
    deposit in the United States Treasury to the credit of the Peoria
    Tribe on behalf of the Wea Nation that were appropriated by the
    Acts of May 13, 1966 (80 Stat. 141, 150), and June 19, 1968 (82
    Stat. 239), in satisfaction of judgments that were obtained by the
    Peoria Tribe on behalf of the Wea Nation in Indian Claims
    Commission dockets numbered 314, amended, and 314-E, respectively,
    and the funds to the credit of the Peoria Tribe of Oklahoma on
    behalf of the Wea, Piankashaw, Peoria, and Kaskaskia Nations that
    were appropriated by the Act of July 22, 1969 (83 Stat. 49, 62), in
    satisfaction of a judgment in docket numbered 65, shall be disposed
    of in the following manner: The Secretary shall pay $3,000 of such
    funds to the Peoria Tribe of Oklahoma for improvement and
    maintenance of the Peoria Indian Cemetery located approximately ten
    miles northeast of Miami, Oklahoma, and shall distribute the
    balance of such funds in equal shares to those persons whose names
    appear on the roll prepared pursuant to section 1221 of this title.

-SOURCE-
    (Pub. L. 91-364, Sec. 2, July 31, 1970, 84 Stat. 688.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of May 13, 1966, referred to in text, is act May 13, 1966,
    Pub. L. 89-426, 80 Stat. 141, known as the Second Supplemental
    Appropriation Act, 1966. Chapter XI of the act set out at 80 Stat.
    150, appropriated the funds referred to and was not classified to
    the Code.
      Act of June 19, 1968, referred to in text, is act June 19, 1968,
    Pub. L. 90-352, 82 Stat. 239, which was not classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.
      Act of July 22, 1969, referred to in text, is act July 22, 1969,
    Pub. L. 91-47, 83 Stat. 49, known as the Second Supplemental
    Appropriation Act, 1969. Chapter XIII of the act set out at 83
    Stat. 62, appropriated the funds referred to and was not classified
    to the Code.

-End-



-CITE-
    25 USC Sec. 1223                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXIV  -  CONFEDERATED TRIBES OF WEAS, PIANKASHAWS,
           PEORIAS, AND KASKASKIAS: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 1223. Distribution of shares

-STATUTE-
    (a) Payments to enrollees, next of kin, or legatees
      Except as provided is subsection (b) of this section, the
    Secretary shall distribute a share payable to a living enrollee
    directly to such enrollee and the Secretary shall distribute a per
    capita share of a deceased enrollee directly to his heirs or
    legatees upon proof of death and inheritance satisfactory to the
    Secretary, whose findings upon such proof shall be final and
    conclusive.
    (b) Payments to minors or persons under legal disability
      A share payable to a person under twenty-one years of age or to a
    person under legal disability shall be paid in accordance with such
    procedures, including the establishment of trusts, as the Secretary
    determines will adequately protect the best interest of such
    person.

-SOURCE-
    (Pub. L. 91-364, Sec. 3, July 31, 1970, 84 Stat. 688.)

-End-



-CITE-
    25 USC Sec. 1224                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXIV  -  CONFEDERATED TRIBES OF WEAS, PIANKASHAWS,
           PEORIAS, AND KASKASKIAS: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 1224. Subsequent judgment funds; distribution; preparation of
      current membership roll

-STATUTE-
      Funds that may hereafter be deposited in the United States
    Treasury to the credit of the Peoria Tribe on behalf of the Wea,
    Kaskaskia, Piankashaw, or Peoria Nation, to pay any judgment
    arising out of proceedings presently pending before the Indian
    Claims Commission in dockets numbered 99, 289, 313, 314-A, B, C,
    and D, and 338 and the interest accrued thereon, after payment of
    attorneys' fees and expenses and all costs incident to bringing the
    roll current as provided is (!1) this section and distributing the
    shares, shall be distributed on a per capita basis in accordance
    with section 1223 of this title to persons whose names appear on
    the roll prepared under section 1221 of this title, after the roll
    has been brought current to the date the funds are appropriated by
    adding names of persons to the roll who were born after July 31,
    1970, but on or prior to and living on the date the funds are
    appropriated, and by deleting names of enrollees who died between
    July 31, 1970, and the date the funds are appropriated.


-SOURCE-
    (Pub. L. 91-364, Sec. 4, July 31, 1970, 84 Stat. 688.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-FOOTNOTE-
    (!1) So in original.


-End-



-CITE-
    25 USC Sec. 1225                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXIV  -  CONFEDERATED TRIBES OF WEAS, PIANKASHAWS,
           PEORIAS, AND KASKASKIAS: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 1225. Tax exemption

-STATUTE-
      The funds distributed under the provisions of this subchapter
    shall not be subject to Federal or State income taxes.

-SOURCE-
    (Pub. L. 91-364, Sec. 5, July 31, 1970, 84 Stat. 689.)

-End-



-CITE-
    25 USC Sec. 1226                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXIV  -  CONFEDERATED TRIBES OF WEAS, PIANKASHAWS,
           PEORIAS, AND KASKASKIAS: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 1226. Shares not distributed within two years; unexpended
      funds; reversion; bar of claims

-STATUTE-
      Any per capita share, whether payable to a living enrollee or to
    the heirs or legatees of a deceased enrollee, which the Secretary
    of the Interior is unable to deliver within two years after the
    date the check is issued, and all unexpended tribal and judgment
    funds set aside for tribal roll preparation and distribution, shall
    revert to the Peoria Tribe, and all claims for such per capita
    shall thereafter be barred forever.

-SOURCE-
    (Pub. L. 91-364, Sec. 6, July 31, 1970, 84 Stat. 689.)

-End-



-CITE-
    25 USC Sec. 1227                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXIV  -  CONFEDERATED TRIBES OF WEAS, PIANKASHAWS,
           PEORIAS, AND KASKASKIAS: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 1227. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to prescribe rules
    and regulations to carry out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 91-364, Sec. 7, July 31, 1970, 84 Stat. 689.)

-End-


-CITE-
    25 USC SUBCHAPTER LXV - CHEMEHUEVI TRIBE: DISTRIBUTION OF
           JUDGMENT FUND                                   01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXV - CHEMEHUEVI TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
     SUBCHAPTER LXV - CHEMEHUEVI TRIBE: DISTRIBUTION OF JUDGMENT FUND 

-End-



-CITE-
    25 USC Sec. 1231                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXV - CHEMEHUEVI TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 1231. Persons eligible for equal share payments

-STATUTE-
      The funds on deposit in the Treasury of the United States to the
    credit of the Chemehuevi Tribe of Indians which were appropriated
    (by the Act entitled "An Act making supplemental appropriations for
    the fiscal year ending June 30, 1965, and for other purposes",
    approved April 30, 1965 (79 Stat. 81)), to pay the judgment awarded
    by the Indian Claims Commission (dockets numbered 351 and 351-A),
    together with interest thereon, shall be distributed by the
    Secretary of the Interior (hereafter in this subchapter referred to
    as "Secretary") in equal shares to those persons whose names appear
    on the roll prepared in accordance with section 1232 of this title.

-SOURCE-
    (Pub. L. 91-417, Sec. 1, Sept. 25, 1970, 84 Stat. 868.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Act entitled "An Act making supplemental appropriations for
    the fiscal year ending June 30, 1965, and for other purposes",
    approved April 30, 1965 (79 Stat. 81), referred to in text, is Pub.
    L. 89-16, Apr. 30, 1965, 79 Stat. 81. That portion of the act which
    appropriated the funds referred to was not classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 1232                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXV - CHEMEHUEVI TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 1232. Enrollment

-STATUTE-
    (a) Preparation of roll; applications; finality of determination
      (1) The Secretary shall prepare a roll of all persons - 
        (A) who were born on or prior to and living on September 25,
      1970;
        (B) who are lineal descendants of members of the Chemehuevi
      Tribe as it existed in 1860; and
        (C) whose name or the name of a lineal ancestor appears as a
      Chemehuevi Indian on any available census roll or other record or
      evidence acceptable to the Secretary.

      (2) Applications for enrollment must be filed in the manner and
    within the time limits prescribed by the Secretary for that
    purpose. The determination of the Secretary regarding the
    utilization of available rolls or records and the eligibility for
    enrollment of an applicant shall be final.
    (b) Dual awards
      Any person who has applied for and has been determined as
    eligible to share in the awards granted by the Indian Claims
    Commission in dockets numbered 88, 330, and 330-A, to the Southern
    Paiute Indian Nation or in dockets numbered 31, 37, 80, 80-D, 176,
    215, 333, and 347, to "Certain Indians of California" shall not be
    entitled to share in the awards granted under this subchapter.

-SOURCE-
    (Pub. L. 91-417, Sec. 2, Sept. 25, 1970, 84 Stat. 868.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Claims Commission, referred to in subsec. (b),
    terminated Sept. 30, 1978. See Codification note set out under
    former section 70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 1233                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXV - CHEMEHUEVI TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 1233. Payments to enrollees; per capita shares to heirs or
      legatees; trusts and other procedures for protection of minors
      and persons under legal disability

-STATUTE-
      The Secretary shall distribute a share payable to a living
    enrollee directly to such enrollee. The Secretary shall distribute
    the per capita share of a deceased enrollee to his heirs or
    legatees upon proof of death and inheritance satisfactory to the
    Secretary. Sums payable to enrollees or their heirs or legatees who
    are less than twenty-one years of age or who are under a legal
    disability shall be paid in accordance with such procedures,
    including the establishment of trusts, as the Secretary determines
    to be appropriate to protect their best interests.

-SOURCE-
    (Pub. L. 91-417, Sec. 3, Sept. 25, 1970, 84 Stat. 868.)

-End-



-CITE-
    25 USC Sec. 1234                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXV - CHEMEHUEVI TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 1234. Tax exemption

-STATUTE-
      No part of any funds distributed under this subchapter shall be
    subject to Federal or State income taxes.

-SOURCE-
    (Pub. L. 91-417, Sec. 4, Sept. 25, 1970, 84 Stat. 868.)

-End-



-CITE-
    25 USC Sec. 1235                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXV - CHEMEHUEVI TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 1235. Identity of eligibility roll and membership roll

-STATUTE-
      The roll prepared by the Secretary of the Interior pursuant to
    this subchapter shall not be deemed to constitute the membership
    roll of the Chemehuevi Tribe.

-SOURCE-
    (Pub. L. 91-417, Sec. 5, Sept. 25, 1970, 84 Stat. 868.)

-End-



-CITE-
    25 USC Sec. 1236                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXV - CHEMEHUEVI TRIBE: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 1236. Costs

-STATUTE-
      The Secretary may make appropriate withdrawals from the judgment
    funds and interest thereon, using interest funds first, to pay
    costs incident to carrying out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 91-417, Sec. 6, Sept. 25, 1970, 84 Stat. 868.)

-End-


-CITE-
    25 USC SUBCHAPTER LXVI - PEMBINA BAND OF CHIPPEWA
           INDIANS: DISTRIBUTION OF JUDGMENT FUND          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXVI - PEMBINA BAND OF CHIPPEWA INDIANS: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    SUBCHAPTER LXVI - PEMBINA BAND OF CHIPPEWA INDIANS: DISTRIBUTION OF
                               JUDGMENT FUND

-End-



-CITE-
    25 USC Sec. 1241                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXVI - PEMBINA BAND OF CHIPPEWA INDIANS: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1241. Distribution of funds; attorney fees and expenses

-STATUTE-
      The funds appropriated by the Act of June 9, 1964 (78 Stat. 204,
    213), to pay a judgment to the Pembina Band of Chippewa Indians in
    Indian Claims Commission dockets numbered 18-A, 113, and 191,
    together with the interest thereon, after payment of attorney fees
    and litigation expenses, and such expenses as may be necessary in
    carrying out the provisions of this subchapter, shall be
    distributed as provided herein.

-SOURCE-
    (Pub. L. 92-59, Sec. 1, July 29, 1971, 85 Stat. 158.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 9, 1964, referred to in text, is act June 9, 1964,
    Pub. L. 88-317, 78 Stat. 204, known as the Deficiency Appropriation
    Act, 1964. Chapter XI of the act set out at 78 Stat. 213,
    appropriated the funds referred to and was not classified to the
    Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 1242                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXVI - PEMBINA BAND OF CHIPPEWA INDIANS: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1242. Membership rolls; preparation; eligibility; excluded
      persons

-STATUTE-
      The Secretary of the Interior shall prepare a roll of all persons
    born on or prior to and living on July 29, 1971, who are lineal
    descendants of members of the Pembina Band as it was constituted in
    1863, except that persons in the following categories shall not be
    so enrolled:
        a. those who are not citizens of the United States;
        b. those who are members of the Red Lake Band of Chippewa
      Indians; and
        c. those who participated in the Mississippi, Pillager, and
      Lake Winnibigoshish Chippewa Band awards under the provisions of
      sections 594 and 594a of this title.

-SOURCE-
    (Pub. L. 92-59, Sec. 2, July 29, 1971, 85 Stat. 158).

-End-



-CITE-
    25 USC Sec. 1243                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXVI - PEMBINA BAND OF CHIPPEWA INDIANS: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1243. Enrollment applications; filing; finality of
      determination

-STATUTE-
      Applications for enrollment shall be filed with the Area
    Director, Bureau of Indian Affairs, Aberdeen, South Dakota, in the
    manner and within the time limits prescribed for that purpose. The
    determination of the Secretary of the Interior regarding the
    utilization of available rolls and records and the eligibility for
    enrollment of an applicant shall be final.

-SOURCE-
    (Pub. L. 92-59, Sec. 3, July 29, 1971, 85 Stat. 158.)

-End-



-CITE-
    25 USC Sec. 1244                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXVI - PEMBINA BAND OF CHIPPEWA INDIANS: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1244. Apportionment of funds; members and descendants of
      Minnesota Chippewa Tribe, the Turtle Mountain Band of Chippewas
      of North Dakota, the Chippewa-Cree Tribe of Montana

-STATUTE-
      In developing the roll of Pembina descendants, the Secretary of
    the Interior shall determine which enrollees are members of the
    Minnesota Chippewa Tribe, the Turtle Mountain Band of Chippewas of
    North Dakota, or the Chippewa-Cree Tribe of Montana, and subsequent
    to the establishment of the descendancy roll shall apportion funds
    to the three cited tribes on the basis of the numbers of
    descendants having membership with these tribes. Fund not
    apportioned in this manner shall be distributed in equal shares to
    those enrolled descendants who are not members of the three cited
    tribes.

-SOURCE-
    (Pub. L. 92-59, Sec. 4, July 29, 1971, 85 Stat. 158.)

-End-



-CITE-
    25 USC Sec. 1245                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXVI - PEMBINA BAND OF CHIPPEWA INDIANS: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1245. Use of funds apportioned; approval by Secretary on
      receipt of recommendations from certain tribal organizations

-STATUTE-
      The funds apportioned to the Minnesota Chippewa Tribe, the Turtle
    Mountain Band, and the Chippewa-Cree Tribe may be advanced,
    expended, invested, or reinvested for any purpose authorized by the
    respective tribal governing bodies and approved by the Secretary of
    the Interior: Provided, That the governing body of the Minnesota
    Chippewa Tribe shall act in concert with the General Council of the
    Pembina Band of Chippewa Indians of the White Earth Reservation for
    the purpose of making recommendations to the Secretary; And
    provided further, That the Pembina descendants within the Turtle
    Mountain Band shall be authorized to establish pursuant to
    regulations set by the Secretary the Pembina Descendants Committee
    and that the tribal governing body shall be required to work in
    concert with such committee for the purpose of making
    recommendations to the Secretary and only those members of the
    three cited tribes who are enrolled as Pembina descendants under
    the provisions of this subchapter shall be permitted to share in
    any per capita distribution of the funds accruing to the tribes.

-SOURCE-
    (Pub. L. 92-59, Sec. 5, July 29, 1971, 85 Stat. 158.)

-End-



-CITE-
    25 USC Sec. 1246                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXVI - PEMBINA BAND OF CHIPPEWA INDIANS: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1246. Tax exemption

-STATUTE-
      None of the funds distributed per capita under the provisions of
    this subchapter shall be subject to Federal or State income taxes.

-SOURCE-
    (Pub. L. 92-59, Sec. 6, July 29, 1971, 85 Stat. 159.)

-End-



-CITE-
    25 USC Sec. 1247                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXVI - PEMBINA BAND OF CHIPPEWA INDIANS: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1247. Payments to enrollees, heirs, or legatees; protection of
      the interests of minors and persons under legal disability

-STATUTE-
      Sums payable to adult living enrollees or to adult heirs or
    legatees of deceased enrollees shall be paid directly to such
    persons. Sums payable to enrollees or their heirs or legatees who
    are less than twenty-one years of age or who are under legal
    disability shall be paid in accordance with such procedures,
    including the establishment of trusts, as the Secretary of the
    Interior determines appropriate to protect the best interests of
    such persons.

-SOURCE-
    (Pub. L. 92-59, Sec. 7, July 29, 1971, 85 Stat. 159.)

-End-



-CITE-
    25 USC Sec. 1248                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXVI - PEMBINA BAND OF CHIPPEWA INDIANS: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1248. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to prescribe rules
    and regulations to effect the provisions of this subchapter,
    including the establishment of deadlines.

-SOURCE-
    (Pub. L. 92-59, Sec. 8, July 29, 1971, 85 Stat. 159.)

-End-


-CITE-
    25 USC SUBCHAPTER LXVII - CONFEDERATED SALISH AND
           KOOTENAI TRIBES OF THE FLATHEAD RESERVATION,
           MONTANA: DISTRIBUTION OF JUDGMENT FUND          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXVII - CONFEDERATED SALISH AND KOOTENAI TRIBES OF THE
           FLATHEAD RESERVATION, MONTANA: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
     SUBCHAPTER LXVII - CONFEDERATED SALISH AND KOOTENAI TRIBES OF THE
       FLATHEAD RESERVATION, MONTANA: DISTRIBUTION OF JUDGMENT FUND

-End-



-CITE-
    25 USC Sec. 1251                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXVII - CONFEDERATED SALISH AND KOOTENAI TRIBES OF THE
           FLATHEAD RESERVATION, MONTANA: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1251. Distribution of funds; attorney fees and expenses

-STATUTE-
      The funds appropriated to the credit of the Confederated Salish
    and Kootenai Tribes of the Flathead Reservation, Montana, in
    satisfaction of judgments awarded in paragraphs 7 and 10 in docket
    numbered 50233, United States Court of Claims, including interest
    thereon, after payment of attorneys fees and other litigation
    expenses, shall be used as follows: 85 per centum thereof shall be
    distributed in equal per capita shares to each person who is
    enrolled or entitled to be enrolled on March 17, 1972; the
    remainder may be advanced, expended, invested or reinvested for any
    purposes that are authorized by the tribal governing body and
    approved by the Secretary of the Interior.

-SOURCE-
    (Pub. L. 92-253, Sec. 1, Mar. 17, 1972, 86 Stat. 64.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The United States Court of Claims, referred to in text, and the
    United States Court of Customs and Patent Appeals were merged
    effective Oct. 1, 1982, into a new United States Court of Appeals
    for the Federal Circuit by Pub. L. 97-164, Apr. 2, 1982, 96 Stat.
    25, which also created a United States Claims Court [now United
    States Court of Federal Claims] that inherited the trial
    jurisdiction of the Court of Claims. See sections 48, 171 et seq.,
    791 et seq., and 1491 et seq. of Title 28, Judiciary and Judicial
    Procedure.

-End-



-CITE-
    25 USC Sec. 1252                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXVII - CONFEDERATED SALISH AND KOOTENAI TRIBES OF THE
           FLATHEAD RESERVATION, MONTANA: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1252. Tax exemption

-STATUTE-
      Any part of such funds that may be distributed to members of the
    Tribes shall not be subject to Federal or State income tax.

-SOURCE-
    (Pub. L. 92-253, Sec. 2, Mar. 17, 1972, 86 Stat. 64.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Such funds, referred to in text, are the funds provided for in
    this subchapter.

-End-



-CITE-
    25 USC Sec. 1253                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXVII - CONFEDERATED SALISH AND KOOTENAI TRIBES OF THE
           FLATHEAD RESERVATION, MONTANA: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1253. Payments to minors

-STATUTE-
      Sums payable under this subchapter to enrollees or their heirs or
    legatees who are less than eighteen years of age or who are under a
    legal disability shall be paid in accordance with such procedures,
    including the establishment of trusts, as the Secretary of the
    Interior determines appropriate to protect the best interests of
    such persons.

-SOURCE-
    (Pub. L. 92-253, Sec. 3, Mar. 17, 1972, 86 Stat. 64.)

-End-


-CITE-
    25 USC SUBCHAPTER LXVIII - BLACKFEET AND GROS VENTRE
           TRIBES: DISTRIBUTION OF JUDGMENT FUND           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXVIII - BLACKFEET AND GROS VENTRE TRIBES: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    SUBCHAPTER LXVIII - BLACKFEET AND GROS VENTRE TRIBES: DISTRIBUTION
                             OF JUDGMENT FUND

-End-



-CITE-
    25 USC Sec. 1261                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXVIII - BLACKFEET AND GROS VENTRE TRIBES: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1261. Distribution of funds; attorney fees and expenses

-STATUTE-
      The funds appropriated by the Act of October 21, 1968 (82 Stat.
    1190, 1198), to pay a judgment to the Blackfeet Tribe of the
    Blackfeet Indian Reservation, Montana, and the Gros Ventre Tribe of
    the Fort Belknap Reservation, Montana, in Indian Claims Commission
    docket numbered 279-A, together with interest thereon, after
    payment of attorney fees, litigation expenses, and the cost of
    carrying out the provisions of this subchapter, shall be divided by
    the Secretary of the Interior on the basis of 73.2 per centum to
    the Blackfeet Tribe and 26.8 per centum to the Gros Ventre Tribe.

-SOURCE-
    (Pub. L. 92-254, Sec. 1, Mar. 18, 1972, 86 Stat. 64.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of October 21, 1968, referred to in text, is act Oct. 21,
    1968, Pub. L. 90-608, 82 Stat. 1190, known as the Supplemental
    Appropriation Act, 1969. Chapter XII of the act set out at 82 Stat.
    1198, appropriated the funds referred to and was not classified to
    the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 1262                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXVIII - BLACKFEET AND GROS VENTRE TRIBES: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1262. Membership roll; per capita distribution; minors

-STATUTE-
      The sum of $5,671,156 from the funds credited to the Blackfeet
    Tribe under section 1261 of this title shall be distributed per
    capita to each person whose name appears on or is entitled to
    appear on the membership roll of the Blackfeet Tribe, and who was
    born on or prior to and is living on March 18, 1972. The sum of
    $2,100,000 from the funds credited to the Gros Ventre Tribe under
    section 1261 of this title shall be distributed per capita to all
    members of the Fort Belknap Community who were born on or prior to
    and are living on March 18, 1972, and (a) whose names appear on the
    February 5, 1937, payment roll of the Gros Ventre Tribe of the Fort
    Belknap Reservation, or (b) who are descended from a person whose
    name appears on said roll, if such member possesses a greater
    degree of Gros Ventre blood than Assiniboine blood. If such member
    possesses equal quantums of Gros Ventre and Assiniboine blood he
    may elect to participate in the per capita distribution authorized
    by this section, in which event he shall not be eligible to
    participate in any per capita distribution of an Assiniboine
    judgment. A share or interest payable to enrollees or their heirs
    or legatees who are less than eighteen years of age or under legal
    disability shall be paid in accordance with such procedures,
    including the establishment of trusts, as the Secretary determines
    appropriate to protect the best interest of such persons.

-SOURCE-
    (Pub. L. 92-254, Sec. 2, Mar. 18, 1972, 86 Stat. 64.)

-End-



-CITE-
    25 USC Sec. 1263                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXVIII - BLACKFEET AND GROS VENTRE TRIBES: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1263. Use of funds; authorization and approval

-STATUTE-
      The balance of each tribe's share of the funds may be advanced,
    expended, invested, or reinvested for any purposes that are
    authorized by the respective tribal governing bodies and approved
    by the Secretary of the Interior.

-SOURCE-
    (Pub. L. 92-254, Sec. 3, Mar. 18, 1972, 86 Stat. 65.)

-End-



-CITE-
    25 USC Sec. 1264                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXVIII - BLACKFEET AND GROS VENTRE TRIBES: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1264. Tax exemption; Social Security eligibility

-STATUTE-
      None of the funds distributed per capita under the provisions of
    this subchapter shall be subject to Federal or State income taxes,
    and the per capita payments shall not be considered as income or
    resources when determining the extent of eligibility for assistance
    under the Social Security Act [42 U.S.C. 301 et seq.]. The
    provision of this section regarding eligibility for assistance
    under the Social Security Act is enacted in recognition of unique
    circumstances applicable to the tribes involved, and shall not be
    regarded as a precedent or as a general policy for application to
    other tribes.

-SOURCE-
    (Pub. L. 92-254, Sec. 4, Mar. 18, 1972, 86 Stat. 65.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in text, is act Aug. 14,
    1935, ch. 531, 49 Stat. 620, as amended, which is classified
    principally to chapter 7 (Sec. 301 et seq.) of Title 42, The Public
    Health and Welfare. For complete classification of this Act to the
    Code, see section 1305 of Title 42 and Tables.

-End-



-CITE-
    25 USC Sec. 1265                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXVIII - BLACKFEET AND GROS VENTRE TRIBES: DISTRIBUTION
           OF JUDGMENT FUND                              

-HEAD-
    Sec. 1265. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to prescribe rules
    and regulations to carry out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 92-254, Sec. 5, Mar. 18, 1972, 86 Stat. 65.)

-End-


-CITE-
    25 USC SUBCHAPTER LXIX - JICARILLA APACHE TRIBE:
           DISTRIBUTION OF JUDGMENT FUND                   01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXIX - JICARILLA APACHE TRIBE: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    SUBCHAPTER LXIX - JICARILLA APACHE TRIBE: DISTRIBUTION OF JUDGMENT
                                   FUND

-End-



-CITE-
    25 USC Sec. 1271                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXIX - JICARILLA APACHE TRIBE: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1271. Disposition of judgment funds

-STATUTE-
      The funds appropriated to pay a judgment to the Jicarilla Apache
    Tribe in Indian Claims Commission docket numbered 22-A, together
    with the interest thereon, after payment of attorney fees and other
    litigation expenses, may be advanced, expended, invested, or
    reinvested for any purpose that is authorized by the tribal
    governing body and approved by the Secretary of the Interior.

-SOURCE-
    (Pub. L. 92-295, Sec. 1, May 16, 1972, 86 Stat. 139.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 1272                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXIX - JICARILLA APACHE TRIBE: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1272. Protection of minors and persons under legal disability

-STATUTE-
      Sums payable to enrollees or their heirs or legatees who are less
    than eighteen years of age or who are under a legal disability
    shall be paid in accordance with such procedures, including the
    establishment of trusts, as the Secretary of the Interior
    determines appropriate to protect the best interests of such
    persons.

-SOURCE-
    (Pub. L. 92-295, Sec. 2, May 16, 1972, 86 Stat. 139.)

-End-



-CITE-
    25 USC Sec. 1273                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXIX - JICARILLA APACHE TRIBE: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1273. Tax exemption

-STATUTE-
      None of the funds distributed per capita under the provisions of
    this subchapter shall be subject to Federal or State income taxes.

-SOURCE-
    (Pub. L. 92-295, Sec. 3, May 16, 1972, 86 Stat. 139.)

-End-



-CITE-
    25 USC Sec. 1274                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXIX - JICARILLA APACHE TRIBE: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1274. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to prescribe rules
    and regulations to carry out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 92-295, Sec. 4, May 16, 1972, 86 Stat. 139.)

-End-


-CITE-
    25 USC SUBCHAPTER LXX - HAVASUPAI TRIBE OF ARIZONA:
           DISTRIBUTION OF JUDGMENT FUND                   01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXX - HAVASUPAI TRIBE OF ARIZONA: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
       SUBCHAPTER LXX - HAVASUPAI TRIBE OF ARIZONA: DISTRIBUTION OF
                               JUDGMENT FUND

-End-



-CITE-
    25 USC Sec. 1281                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXX - HAVASUPAI TRIBE OF ARIZONA: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1281. Disposition of funds

-STATUTE-
      The funds appropriated by the Act of December 26, 1969 (83 Stat.
    447), to pay a judgment to the Havasupai Tribe in Indian Claims
    Commission docket numbered 91, together with interest thereon,
    after payment of attorney fees and litigation expenses, may be
    advanced, expended, invested, or reinvested for any purpose that is
    authorized by the tribal governing body and approved by the
    Secretary of the Interior.

-SOURCE-
    (Pub. L. 92-438, Sec. 1, Sept. 29, 1972, 86 Stat. 741.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of December 26, 1969, referred to in text, is act Dec. 26,
    1969, Pub. L. 91-166, 83 Stat. 447, known as the Supplemental
    Appropriation Act, 1970. That portion of the act which appropriated
    the funds referred to was not classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 1282                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXX - HAVASUPAI TRIBE OF ARIZONA: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1282. Tax exemption

-STATUTE-
      None of the funds distributed per capita under the provisions of
    this subchapter shall be subject to Federal or State income taxes.

-SOURCE-
    (Pub. L. 92-438, Sec. 2, Sept. 29, 1972, 86 Stat. 741.)

-End-



-CITE-
    25 USC Sec. 1283                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXX - HAVASUPAI TRIBE OF ARIZONA: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1283. Payments to adults; trusts for minors and persons under
      legal disability

-STATUTE-
      Sums payable to adult living enrollees or to adult heirs or
    legatees of deceased enrollees shall be paid directly to such
    persons. Sums payable to enrollees or their heirs or legatees who
    are less than eighteen years of age or who are under legal
    disability shall be paid in accordance with such procedures,
    including the establishment of trusts, as the Secretary determines
    appropriate to protect the best interests of such persons.

-SOURCE-
    (Pub. L. 92-438, Sec. 3, Sept. 29, 1972, 86 Stat. 741.)

-End-



-CITE-
    25 USC Sec. 1284                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXX - HAVASUPAI TRIBE OF ARIZONA: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1284. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to prescribe rules
    and regulations to effect the provisions of this subchapter.

-SOURCE-
    (Pub. L. 92-438, Sec. 4, Sept. 29, 1972, 86 Stat. 741.)

-End-


-CITE-
    25 USC SUBCHAPTER LXXI - DELAWARE TRIBE AND ABSENTEE
           DELAWARE TRIBE OF WESTERN OKLAHOMA:
           DISTRIBUTION OF JUDGMENT FUND                   01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXI - DELAWARE TRIBE AND ABSENTEE DELAWARE TRIBE OF
           WESTERN OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
      SUBCHAPTER LXXI - DELAWARE TRIBE AND ABSENTEE DELAWARE TRIBE OF
              WESTERN OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND

-End-



-CITE-
    25 USC Sec. 1291                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXI - DELAWARE TRIBE AND ABSENTEE DELAWARE TRIBE OF
           WESTERN OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 1291. Disposition of funds

-STATUTE-
      The funds appropriated by the Act of December 26, 1969 (83 Stat.
    447, 453), to pay a judgment in favor of the petitioners, the
    Delaware Tribe of Indians in docket 298, and the Absentee Delaware
    Tribe of Western Oklahoma, and others, in docket 72, together with
    any interest thereon, after payment of attorney fees, litigation
    expenses, and such expenses as may be necessary in effecting the
    provisions of this subchapter, shall be distributed as provided
    herein.

-SOURCE-
    (Pub. L. 92-456, Sec. 1, Oct. 3, 1972, 86 Stat. 762.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of December 26, 1969, referred to in text, is act Dec. 26,
    1969, Pub. L. 91-166, 83 Stat. 447, known as the Supplemental
    Appropriation Act, 1970. Chapter IX of the act, set out at 83 Stat.
    453, appropriated the funds referred to and was not classified to
    the Code.

-End-



-CITE-
    25 USC Sec. 1292                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXI - DELAWARE TRIBE AND ABSENTEE DELAWARE TRIBE OF
           WESTERN OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 1292. Membership roll requirements

-STATUTE-
      The Secretary of the Interior shall prepare a roll of all persons
    who meet the following requirements:
        (a) they were born on or prior to and were living on October 3,
      1972; and
        (b) they are citizens of the United States; and
        (c)(1) their name or the name of a lineal ancestor appears on
      the Delaware Indian per capita payroll approved by the Secretary
      on April 20, 1906, or
        (2) their name or the name of a lineal ancestor is on or is
      eligible to be on the constructed base census roll as of 1940 of
      the Absentee Delaware Tribe of Western Oklahoma, approved by the
      Secretary.

-SOURCE-
    (Pub. L. 92-456, Sec. 2, Oct. 3, 1972, 86 Stat. 762.)

-End-



-CITE-
    25 USC Sec. 1293                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXI - DELAWARE TRIBE AND ABSENTEE DELAWARE TRIBE OF
           WESTERN OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 1293. Applications for enrollment; filing date and place;
      notice and appeal of rejections; review

-STATUTE-
      All applications for enrollment must be filed either with the
    Area Director of the Bureau of Indian Affairs, Muskogee, Oklahoma,
    or with the Area Director of the Bureau of Indian Affairs,
    Anadarko, Oklahoma, on or before the last day of the fourth full
    month following October 3, 1972, and no application shall be
    accepted thereafter. The Secretary of the Interior shall give a
    rejection notice within sixty days after receipt of an application
    if the applicant is ineligible for enrollment. An appeal from a
    rejected application must be filed with the Area Director not later
    than thirty days from receipt of the notice of rejection. The
    Secretary shall make a final determination on each appeal not later
    than sixty days from the date it is filed. Each application and
    each appeal filed with the Area Director shall be reviewed by a
    committee composed of representatives of the two Oklahoma Delaware
    groups prior to submission of the application or appeal to the
    Secretary, and the committee shall advise the Area Director in
    writing of its judgment regarding the eligibility of the applicant.

-SOURCE-
    (Pub. L. 92-456, Sec. 3, Oct. 3, 1972, 86 Stat. 762.)

-End-



-CITE-
    25 USC Sec. 1294                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXI - DELAWARE TRIBE AND ABSENTEE DELAWARE TRIBE OF
           WESTERN OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 1294. Apportionment, credit, and disposition of funds

-STATUTE-
    (a) Authority of Secretary
      The Secretary of the Interior shall apportion to the Absentee
    Delaware Tribe of Western Oklahoma, as presently constituted, so
    much of the judgment fund and accrued interest as the ratio of the
    persons enrolled pursuant to section 1292(c)(2) of this title bears
    to the total number of persons enrolled pursuant to section 1292 of
    this title. The funds so apportioned to the Absentee Delaware Tribe
    of Western Oklahoma shall be placed to the credit of the tribe in
    the United States Treasury and shall be used in the following
    manner: 90 per centum of such funds shall be distributed in equal
    shares to each person enrolled pursuant to section 1292(c)(2) of
    this title, and 10 per centum shall remain to the credit of the
    tribe in the United States Treasury, and may be advanced, expended,
    invested, or reinvested for any purpose that is authorized by the
    tribal governing body and approved by the Secretary of the
    Interior.
    (b) Manner of payment
      The funds not apportioned to the Absentee Delaware Tribe of
    Western Oklahoma shall be placed to the credit of the Delaware
    Tribe of Indians in the United States Treasury and shall be used in
    the following manner: 90 per centum of such funds shall be
    distributed in equal shares to each person enrolled pursuant to
    section 1292(c)(1) of this title, and 10 per centum shall remain to
    the credit of the tribe in the United States Treasury and may be
    advanced, expended, invested, or reinvested for any purpose that is
    authorized by the tribal governing body: Provided, That the
    Secretary of the Interior shall not approve the use of the funds
    remaining to the credit of the tribe until the tribe has organized
    a legal entity which in the judgment of the Secretary adequately
    protects the interests of its members.

-SOURCE-
    (Pub. L. 92-456, Sec. 4, Oct. 3, 1972, 86 Stat. 762.)

-End-



-CITE-
    25 USC Sec. 1295                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXI - DELAWARE TRIBE AND ABSENTEE DELAWARE TRIBE OF
           WESTERN OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 1295. Payments to adults; trusts for minors and persons under
      legal disability

-STATUTE-
      Sums payable to living enrollees age eighteen or older or to
    heirs or legatees of deceased enrollees age eighteen or older shall
    be paid directly to such persons. Sums payable to enrollees or
    their heirs or legatees who are under age eighteen or who are under
    legal disability other than minority shall be paid in accordance
    with such procedures, including the establishment of trusts, as the
    Secretary of the Interior determines appropriate to protect the
    best interests of such persons.

-SOURCE-
    (Pub. L. 92-456, Sec. 5, Oct. 3, 1972, 86 Stat. 763.)

-End-



-CITE-
    25 USC Sec. 1296                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXI - DELAWARE TRIBE AND ABSENTEE DELAWARE TRIBE OF
           WESTERN OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 1296. Income tax exemption

-STATUTE-
      None of the funds distributed per capita under the provisions of
    this subchapter shall be subject to Federal or State income taxes.

-SOURCE-
    (Pub. L. 92-456, Sec. 6, Oct. 3, 1972, 86 Stat. 763.)

-End-



-CITE-
    25 USC Sec. 1297                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXI - DELAWARE TRIBE AND ABSENTEE DELAWARE TRIBE OF
           WESTERN OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND

-HEAD-
    Sec. 1297. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to prescribe rules
    and regulations to carry out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 92-456, Sec. 7, Oct. 3, 1972, 86 Stat. 763.)

-End-


-CITE-
    25 USC SUBCHAPTER LXXII - YAVAPAI APACHE TRIBE OF
           ARIZONA: DISTRIBUTION OF JUDGMENT FUND          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXII - YAVAPAI APACHE TRIBE OF ARIZONA: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    SUBCHAPTER LXXII - YAVAPAI APACHE TRIBE OF ARIZONA: DISTRIBUTION OF
                               JUDGMENT FUND

-End-



-CITE-
    25 USC Sec. 1300                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXII - YAVAPAI APACHE TRIBE OF ARIZONA: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1300. Distribution of funds; attorney fees and expenses

-STATUTE-
      The funds appropriated by the Act of July 22, 1969 (83 Stat. 49,
    62), to pay a judgment to the Yavapai Indians in Indian Claims
    Commission dockets numbered 22-E and 22-F, together with any
    interest thereon, after payment of attorney fees and litigation
    expenses and the costs of carrying out the provisions of this
    subchapter, shall be distributed as provided in such sections.

-SOURCE-
    (Pub. L. 92-461, Sec. 1, Oct. 6, 1972, 86 Stat. 768.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of July 22, 1969, referred to in text, is act July 22, 1969,
    Pub. L. 91-47, 83 Stat. 49, known as the Second Supplemental
    Appropriation Act, 1969. Chapter XIII of the act, set out at 83
    Stat. 62, appropriated the funds referred to and was not classified
    to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 1300a                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXII - YAVAPAI APACHE TRIBE OF ARIZONA: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1300a. Percentage of funds for Payson Indian Band

-STATUTE-
      The Secretary of the Interior shall set aside for the benefit of
    the Payson Indian Band, at Payson, Arizona, 3.5 per centum of the
    net judgment funds described in section 1300 of this title, which
    shall be disposed of pursuant to section 1300a-2 of this title.

-SOURCE-
    (Pub. L. 92-461, Sec. 2, Oct. 6, 1972, 86 Stat. 769.)

-End-



-CITE-
    25 USC Sec. 1300a-1                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXII - YAVAPAI APACHE TRIBE OF ARIZONA: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1300a-1. Membership roll; preparation; eligibility for
      enrollment; verification; approval

-STATUTE-
      For the purposes of apportioning the funds, the Yavapai Apache
    Indian Community of the Camp Verde Reservation, the Fort McDowell
    Mohave-Apache Community, and the Yavapai-Prescott Community shall
    prepare rolls of all persons who were born on or prior to and
    living on October 6, 1972, and who are enrolled or entitled to be
    enrolled in accordance with the respective tribal constitutions or
    articles of association, as the case may be, in effect on April 1,
    1972. The Secretary of the Interior shall verify and approve the
    rolls.

-SOURCE-
    (Pub. L. 92-461, Sec. 3, Oct. 6, 1972, 86 Stat. 769.)

-End-



-CITE-
    25 USC Sec. 1300a-2                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXII - YAVAPAI APACHE TRIBE OF ARIZONA: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1300a-2. Apportionment of funds; advances, expenditures,
      investments, or reinvestments; utilization of funds for Payson
      Band

-STATUTE-
      Upon completion and approval of the rolls as provided in section
    1300a-1 of this title, the balance of the funds not set aside
    pursuant to section 1300a of this title shall be apportioned among
    the cited groups in section 1300a-1 of this title on the basis of
    the number of enrollees in each group. The funds so apportioned
    shall be redeposited in the Treasury of the United States to the
    credit of the respective groups and may be advanced, expended,
    invested, or reinvested in any manner authorized by the governing
    bodies and approved by the Secretary. All funds so accruing to the
    Payson Band pursuant to section 1300a of this title shall be
    utilized pursuant to a plan agreed upon between the governing body
    elected by the Payson Indian community or by the members thereof at
    a meeting called in accordance with the rules prescribed by the
    Secretary of the Interior.

-SOURCE-
    (Pub. L. 92-461, Sec. 4, Oct. 6, 1972, 86 Stat. 769.)

-End-



-CITE-
    25 USC Sec. 1300a-3                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXII - YAVAPAI APACHE TRIBE OF ARIZONA: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1300a-3. Tax exemption; trusts and other procedures for
      protection of minors and persons under legal disability

-STATUTE-
      None of the funds distributed per capita under the provisions of
    this subchapter shall be subject to Federal or State income taxes.
    Sums payable to enrollees or heirs or legatees who are less than
    eighteen years of age or who are under a legal disability shall be
    paid in accordance with such procedures, including the
    establishment of trusts, as the Secretary determines appropriate to
    protect the best interests of such persons.

-SOURCE-
    (Pub. L. 92-461, Sec. 5, Oct. 6, 1972, 86 Stat. 769.)

-End-



-CITE-
    25 USC Sec. 1300a-4                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXII - YAVAPAI APACHE TRIBE OF ARIZONA: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1300a-4. Rules and regulations

-STATUTE-
      The Secretary is authorized to prescribe rules and regulations to
    carry out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 92-461, Sec. 6, Oct. 6, 1972, 86 Stat. 769.)

-End-


-CITE-
    25 USC SUBCHAPTER LXXIII - KICKAPOO INDIANS OF KANSAS AND
           OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXIII - KICKAPOO INDIANS OF KANSAS AND OKLAHOMA:
           DISTRIBUTION OF JUDGMENT FUND                 

-HEAD-
       SUBCHAPTER LXXIII - KICKAPOO INDIANS OF KANSAS AND OKLAHOMA:
                       DISTRIBUTION OF JUDGMENT FUND

-End-



-CITE-
    25 USC Sec. 1300b                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXIII - KICKAPOO INDIANS OF KANSAS AND OKLAHOMA:
           DISTRIBUTION OF JUDGMENT FUND                 

-HEAD-
    Sec. 1300b. Disposition of judgment funds; division of funds on
      basis of tribal membership rolls; net tribal credits

-STATUTE-
      The funds on deposit in the Treasury of the United States to the
    credit of the Kickapoo Indians of Kansas and Oklahoma to pay
    judgments by the Indian Claims Commission in dockets 316, 316-A,
    317, 145, and 193, together with interest thereon, after payment of
    attorney fees and litigation expenses, shall be divided on the
    basis of membership of the respective tribes current as of October
    6, 1972. For the purpose of adjusting the offsets allowed in docket
    316, the Secretary of the Interior shall use the gross award (land
    value) as a basis for his computation, deduct therefrom the
    consideration paid, the offsets expended for the Kickapoo Tribe
    prior to its separation into two tribal entities, attorney fees and
    litigation expenses, and, after making the division of the balance
    as provided herein, shall deduct $44,759.45 from the proportionate
    share of the Kickapoo Tribe of Kansas and $118,661.24 from the
    proportionate share of the Kickapoo Tribe of Oklahoma. The balances
    remaining shall be the net amount to be placed to the credit of the
    respective tribes.

-SOURCE-
    (Pub. L. 92-467, Sec. 1, Oct. 6, 1972, 86 Stat. 781.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 1300b-1                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXIII - KICKAPOO INDIANS OF KANSAS AND OKLAHOMA:
           DISTRIBUTION OF JUDGMENT FUND                 

-HEAD-
    Sec. 1300b-1. Distribution of shares

-STATUTE-
    (a) Per capita shares to tribal members
      The funds divided and credited under section 1300b of this title,
    and the funds appropriated to pay a judgment recovered by the
    Kickapoo Indians of Oklahoma in docket numbered 318, including the
    interest thereon, after the payment of attorney fees and other
    litigation expenses, shall be used as follows: 75 per centum shall
    be distributed in equal per capita shares to each person whose name
    appears on or is entitled to appear on the membership roll of the
    Kickapoo Tribe of Oklahoma and 90 per centum shall be distributed
    in equal per capita shares to each person whose name appears on or
    is entitled to appear on the membership roll of the Kickapoo Tribe
    of Kansas if such person was born on or prior to and is living on
    October 6, 1972.
    (b) Use of balance for advances, etc.
      The balance of each tribe's share of the funds may be advanced,
    expended, invested, or reinvested for any purposes that are
    authorized by the tribal governing bodies and approved by the
    Secretary of the Interior.

-SOURCE-
    (Pub. L. 92-467, Sec. 2, Oct. 6, 1972, 86 Stat. 781.)

-End-



-CITE-
    25 USC Sec. 1300b-2                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXIII - KICKAPOO INDIANS OF KANSAS AND OKLAHOMA:
           DISTRIBUTION OF JUDGMENT FUND                 

-HEAD-
    Sec. 1300b-2. Approval of plans for use of money after submission
      to Congressional committees

-STATUTE-
      The Secretary of the Interior shall approve no plans for the use
    of the money specified in section 1300b-1(b) of this title for the
    Kickapoo Tribes of Kansas and Oklahoma until at least thirty days
    after the plans have been submitted by the Secretary to the
    Committees on Interior and Insular Affairs of the Senate and House
    of Representatives.

-SOURCE-
    (Pub. L. 92-467, Sec. 3, Oct. 6, 1972, 86 Stat. 781.)

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Interior and Insular Affairs of the Senate abolished
    and replaced by Committee on Energy and Natural Resources of the
    Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of
    the Senate, as amended by Senate Resolution No. 4, Ninety-fifth
    Congress (popularly cited as the "Committee System Reorganization
    Amendments of 1977"), approved Feb. 4, 1977. Section 105 of Senate
    Resolution No. 4 established a temporary Select Committee on Indian
    Affairs having jurisdiction over matters relating to Indian affairs
    (such matters previously having been within the jurisdiction of the
    Committee on Interior and Insular Affairs). Senate Resolution No.
    127, June 6, 1984, Ninety-eighth Congress, established the Select
    Committee on Indian Affairs as a permanent committee of the Senate,
    and section 25 of Senate Resolution No. 71, Feb. 25, 1993, One
    Hundred Third Congress, redesignated the Select Committee on Indian
    Affairs as the Committee on Indian Affairs.
      Committee on Interior and Insular Affairs of the House of
    Representatives changed to Committee on Natural Resources of the
    House of Representatives on Jan. 5, 1993, by House Resolution No.
    5, One Hundred Third Congress. Committee on Natural Resources of
    House of Representatives treated as referring to Committee on
    Resources of House of Representatives by section 1(a) of Pub. L.
    104-14, set out as a note preceding section 21 of Title 2, The
    Congress.

-End-



-CITE-
    25 USC Sec. 1300b-3                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXIII - KICKAPOO INDIANS OF KANSAS AND OKLAHOMA:
           DISTRIBUTION OF JUDGMENT FUND                 

-HEAD-
    Sec. 1300b-3. Per capita payments; trusts and other procedures for
      protection of minors and persons under legal disability

-STATUTE-
      Any sums payable per capita to persons who are less than twenty-
    one years of age or who are under a legal disability shall be paid
    in accordance with such procedures, including the establishment of
    trusts, as the Secretary of the Interior determines appropriate to
    protect the best interests of such persons.

-SOURCE-
    (Pub. L. 92-467, Sec. 4, Oct. 6, 1972, 86 Stat. 781.)

-End-



-CITE-
    25 USC Sec. 1300b-4                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXIII - KICKAPOO INDIANS OF KANSAS AND OKLAHOMA:
           DISTRIBUTION OF JUDGMENT FUND                 

-HEAD-
    Sec. 1300b-4. Tax exemption

-STATUTE-
      None of the funds distributed per capita under the provisions of
    this subchapter shall be subject to Federal or State income taxes.

-SOURCE-
    (Pub. L. 92-467, Sec. 5, Oct. 6, 1972, 86 Stat. 781.)

-End-



-CITE-
    25 USC Sec. 1300b-5                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXIII - KICKAPOO INDIANS OF KANSAS AND OKLAHOMA:
           DISTRIBUTION OF JUDGMENT FUND                 

-HEAD-
    Sec. 1300b-5. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to prescribe rules
    and regulations to carry out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 92-467, Sec. 6, Oct. 6, 1972, 86 Stat. 781.)

-End-


-CITE-
    25 USC SUBCHAPTER LXXIII-A - TEXAS BAND OF KICKAPOO
           INDIANS                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXIII-A - TEXAS BAND OF KICKAPOO INDIANS

-HEAD-
           SUBCHAPTER LXXIII-A - TEXAS BAND OF KICKAPOO INDIANS       

-End-



-CITE-
    25 USC Sec. 1300b-11                                        01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXIII-A - TEXAS BAND OF KICKAPOO INDIANS

-HEAD-
    Sec. 1300b-11. Congressional findings and declaration of policy

-STATUTE-
    (a) Findings
      Congress finds that the Texas Band of Kickapoo Indians is a
    subgroup of the Kickapoo Tribe of Oklahoma; that many years ago,
    the Band was forced to migrate from its ancestral lands to what is
    now the State of Texas and the nation of Mexico; that, although
    many members of the band (!1) meet the requirements for United
    States citizenship, some of them cannot prove that they are United
    States citizens; that, although the Band resides in the State of
    Texas, it owns no land there; that, because the Band owns no land
    in Texas, members of the Band are considered ineligible for
    services which the United States provides to other Indians who are
    members of federally recognized tribes because of their status as
    Indians except when the members of the Band are on or near the
    reservation of the Kickapoo Tribe of Oklahoma; that members of the
    Band live under conditions that pose serious threats to their
    health; and that, because their culture is derived from three
    different cultures, they have unique needs including, especially,
    educational needs.

    (b) Declarations
      Congress therefore declares that the Band should be recognized by
    the United States; that the right of the members of the Band to
    pass and repass the borders of the United States should be
    clarified; that services which the United States provides to
    Indians because of their status as Indians should be provided to
    members of the Band in Maverick County, Texas; and, that land in
    the State of Texas should be taken in trust by the United States
    for the benefit of the Band.

-SOURCE-
    (Pub. L. 97-429, Sec. 2, Jan. 8, 1983, 96 Stat. 2269.)


-MISC1-
                                SHORT TITLE                            
      Section 1 of Pub. L. 97-429 provided: "That this Act [enacting
    this subchapter] may be cited as the 'Texas Band of Kickapoo Act'."

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.


-End-



-CITE-
    25 USC Sec. 1300b-12                                        01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXIII-A - TEXAS BAND OF KICKAPOO INDIANS

-HEAD-
    Sec. 1300b-12. Definitions

-STATUTE-
      For purposes of this subchapter - 
        (a) "Band" means the Texas Band of Kickapoo Indians, a subgroup
      of the Kickapoo Tribe of Oklahoma;
        (b) "Tribe" means the Kickapoo Tribe of Oklahoma; and
        (c) "Secretary" means the Secretary of the Interior.

-SOURCE-
    (Pub. L. 97-429, Sec. 3, Jan. 8, 1983, 96 Stat. 2269.)

-End-



-CITE-
    25 USC Sec. 1300b-13                                        01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXIII-A - TEXAS BAND OF KICKAPOO INDIANS

-HEAD-
    Sec. 1300b-13. Band roll

-STATUTE-
    (a) Establishment; publication in Federal Register
      Within one year of January 8, 1983, the Secretary shall, after
    consultation with the Tribe, compile a roll of those members of the
    Tribe who possess Kickapoo blood and who are also members of the
    Band. When said roll is complete, the Secretary shall immediately
    publish notice in the Federal Register stating that the roll has
    been completed. The Secretary shall ensure that the roll, once
    completed, is maintained and that it is current.
    (b) Report to Congress
      If the Secretary does not compile the roll within the period
    prescribed in subsection (a) of this section, he shall submit a
    report to Congress setting forth the reasons he did not do so.
    (c) Citizenship for applicants
      For a period of five years after the publication of the Federal
    Register notice required under subsection (a) of this section, any
    member of the Band whose name appears on the roll compiled by the
    Secretary, may, at his option, apply for United States citizenship.
    Such application shall be made to the Immigration and
    Naturalization Service and, upon receipt of the application,
    citizenship shall promptly be granted to the applicant.
    (d) Border crossing, living and working rights
      Notwithstanding the Immigration and Nationality Act [8 U.S.C.
    1101 et seq.], all members of the Band shall be entitled to freely
    pass and repass the borders of the United States and to live and
    work in the United States.

-SOURCE-
    (Pub. L. 97-429, Sec. 4, Jan. 8, 1983, 96 Stat. 2269.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Immigration and Nationality Act, referred to in subsec. (d),
    is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is
    classified principally to chapter 12 (Sec. 1101 et seq.) of Title
    8, Aliens and Nationality. For complete classification of this Act
    to the Code, see Short Title note set out under section 1101 of
    Title 8 and Tables.


-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of Title 8, Aliens and Nationality.

-End-



-CITE-
    25 USC Sec. 1300b-14                                        01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXIII-A - TEXAS BAND OF KICKAPOO INDIANS

-HEAD-
    Sec. 1300b-14. Land acquisition

-STATUTE-
    (a) Statutory provisions applicable
      The Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 461 et seq.],
    is hereby made applicable to the Band: Provided, however, That the
    Secretary is only authorized to exercise his authority under
    section 5 of that Act [25 U.S.C. 465] with respect to lands located
    in Maverick County, Texas.
    (b) Authority of Secretary
      The Secretary is authorized and directed to accept no more than
    one hundred acres of land in Maverick County, Texas which shall be
    offered for the benefit of the Band with the approval of the Tribe.
    Nothing in this subsection shall be construed as limiting the
    authority of the Secretary under section 5 of the Act of June 18,
    1934 (48 Stat. 985) [25 U.S.C. 465].

-SOURCE-
    (Pub. L. 97-429, Sec. 5, Jan. 8, 1983, 96 Stat. 2270.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, referred to in text, popularly known as the
    Indian Reorganization Act, is classified generally to subchapter V
    (Sec. 461 et seq.) of this chapter. For complete classification of
    this Act to the Code, see Short Title note set out under section
    461 of this title and Tables.

-End-



-CITE-
    25 USC Sec. 1300b-15                                        01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXIII-A - TEXAS BAND OF KICKAPOO INDIANS

-HEAD-
    Sec. 1300b-15. Jurisdiction

-STATUTE-
      The State of Texas shall exercise jurisdiction over civil causes
    of action and criminal offenses arising on the Band's trust lands
    in accordance with section 1360 of title 28 and section 1162 of
    title 18 as if it had assumed jurisdiction pursuant to sections
    1321 and 1322 of this title. The provisions of section 1323 of this
    title, shall be applicable and available to the State of Texas.

-SOURCE-
    (Pub. L. 97-429, Sec. 6, Jan. 8, 1983, 96 Stat. 2270.)

-End-



-CITE-
    25 USC Sec. 1300b-16                                        01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXIII-A - TEXAS BAND OF KICKAPOO INDIANS

-HEAD-
    Sec. 1300b-16. Provision of Federal Indian services

-STATUTE-
    (a) Eligibility for Federal Indian services
      Notwithstanding any other provision of law authorizing the
    provision of special programs and services by the United States to
    Indians because of their status as Indians, the Band and its
    members in Maverick County, Texas shall be eligible for such
    programs and services without regard to the existence of a
    reservation, the residence of members of the Band on or near a
    reservation, or the compilation of the roll pursuant to section
    1300b-13(a) of this title.
    (b) Cooperation with Mexican Government and joint funding
      agreements for meeting special agricultural needs of the Band
      In providing services pursuant to subsection (a) of this section,
    the Secretary and the head of each department and agency shall
    consult and cooperate with appropriate officials or agencies of the
    Mexican Government to the greatest extent possible to ensure that
    such services meet the special tricultural needs of the Band and
    its members. Such consultation and cooperation may include,
    whenever practicable, joint funding agreements between such agency
    or department of the United States and the appropriate agencies and
    officials of the Mexican Government.

-SOURCE-
    (Pub. L. 97-429, Sec. 7, Jan. 8, 1983, 96 Stat. 2270.)

-End-


-CITE-
    25 USC SUBCHAPTER LXXIV - YANKTON SIOUX TRIBE:
           DISTRIBUTION OF JUDGMENT FUND                   01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXIV - YANKTON SIOUX TRIBE: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
     SUBCHAPTER LXXIV - YANKTON SIOUX TRIBE: DISTRIBUTION OF JUDGMENT
                                   FUND

-End-



-CITE-
    25 USC Sec. 1300c                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXIV - YANKTON SIOUX TRIBE: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1300c. Distribution of funds; attorney fees and expenses

-STATUTE-
      The funds appropriated by the Act of July 22, 1969 (83 Stat. 49),
    to pay a judgment to the Yankton Sioux Tribe in Indian Claims
    Commission docket numbered 332-A, together with the interest
    thereon, after payment of attorney fees and litigation expenses,
    and such other expenses as may be necessary in effecting the
    provisions of this subchapter, shall be distributed as provided
    herein.

-SOURCE-
    (Pub. L. 92-468, Sec. 1, Oct. 6, 1972, 86 Stat. 782.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of July 22, 1969, referred to in text, is act July 22, 1969,
    Pub. L. 91-47, 83 Stat. 49, known as the Second Supplemental
    Appropriation Act, 1969. That portion of the act which appropriated
    the funds referred to was not classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.
      Herein, referred to in text, means in Pub. L. 92-468, Oct. 6,
    1972, 86 Stat. 782, which comprises this subchapter. For complete
    classification of this Act to the Code, see Tables.

-End-



-CITE-
    25 USC Sec. 1300c-1                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXIV - YANKTON SIOUX TRIBE: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1300c-1. Funds for expert witnesses and programing needs

-STATUTE-
      The Secretary of the Interior shall withhold from distribution a
    sum not to exceed $150,000, pending a decision by the Yankton Sioux
    Tribal Business and Claims Committee regarding the needs of the
    tribe for expert witnesses in the Yankton Sioux claims in Indian
    Claims Commission dockets numbered 332-B, 332-C, and 74. The sum
    withheld may be used for such purpose or for other programing
    needs, subject to the approval of the Secretary.

-SOURCE-
    (Pub. L. 92-468, Sec. 2, Oct. 6, 1972, 86 Stat. 782.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 1300c-2                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXIV - YANKTON SIOUX TRIBE: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1300c-2. Membership roll; preparation; tribal constitutional
      requirements

-STATUTE-
      The Secretary of the Interior, in cooperation with the Tribal
    Council, shall prepare a roll of all persons born on or prior to
    and living on October 6, 1972, who meet the requirements for
    membership of the Yankton Sioux tribal constitution approved on
    October 5, 1932, as amended.

-SOURCE-
    (Pub. L. 92-468, Sec. 3, Oct. 6, 1972, 86 Stat. 782.)

-End-



-CITE-
    25 USC Sec. 1300c-3                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXIV - YANKTON SIOUX TRIBE: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1300c-3. Per capita distributions to tribal members; advances,
      expenditures, investments, or reinvestments for authorized
      purposes; trusts and other procedures for protection of minors
      and persons under legal disability

-STATUTE-
      The judgment fund, less funds otherwise provided in section 1300c-
    1 of this title, shall be used as follows: 75 per centum thereof
    shall be distributed in equal per capita shares to each person who
    is enrolled or entitled to be enrolled on October 6, 1972; the
    remainder may be advanced, expended, invested, or reinvested for
    any purposes that are authorized by the tribal governing body and
    approved by the Secretary of the Interior. Sums payable to adult
    living enrollees or to adult heirs or legatees of deceased
    enrollees shall be paid directly to such persons. Sums payable to
    enrollees or their heirs or legatees who are less than eighteen
    years of age or who are under legal disability shall be paid in
    accordance with such procedures, including the establishment of
    trusts, as the Secretary of the Interior determines appropriate to
    protect the best interests of such persons.

-SOURCE-
    (Pub. L. 92-468, Sec. 4, Oct. 6, 1972, 86 Stat. 782.)

-End-



-CITE-
    25 USC Sec. 1300c-4                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXIV - YANKTON SIOUX TRIBE: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1300c-4. Tax exemption

-STATUTE-
      None of the funds distributed per capita under the provisions of
    this subchapter shall be subject to Federal or State income taxes.

-SOURCE-
    (Pub. L. 92-468, Sec. 5, Oct. 6, 1972, 86 Stat. 782.)

-End-



-CITE-
    25 USC Sec. 1300c-5                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXIV - YANKTON SIOUX TRIBE: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
    Sec. 1300c-5. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to prescribe rules
    and regulations to carry out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 92-468, Sec. 6, Oct. 6, 1972, 86 Stat. 782.)

-End-


-CITE-
    25 USC SUBCHAPTER LXXV - MISSISSIPPI SIOUX TRIBES:
           DISTRIBUTION OF JUDGMENT FUND                   01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXV - MISSISSIPPI SIOUX TRIBES: DISTRIBUTION OF JUDGMENT
           FUND                                          

-HEAD-
        SUBCHAPTER LXXV - MISSISSIPPI SIOUX TRIBES: DISTRIBUTION OF
                               JUDGMENT FUND

-End-


-CITE-
    25 USC Part A - 1972 Distribution Authority                 01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXV - MISSISSIPPI SIOUX TRIBES: DISTRIBUTION OF JUDGMENT
           FUND                                          
    Part A - 1972 Distribution Authority

-HEAD-
                   PART A - 1972 DISTRIBUTION AUTHORITY               

-End-



-CITE-
    25 USC Sec. 1300d                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXV - MISSISSIPPI SIOUX TRIBES: DISTRIBUTION OF JUDGMENT
           FUND                                          
    Part A - 1972 Distribution Authority

-HEAD-
    Sec. 1300d. Distribution of funds; attorney fees and expenses

-STATUTE-
      The funds appropriated by the Act of June 19, 1968 (82 Stat.
    239), to pay compromise judgments to the Mdewakanton and Wahpakoota
    Tribe of Sioux Indians, and the Sisseton and Wahpeton Tribes of
    Sioux Indians, in Indian Claims Commission dockets numbered 142,
    359, 360, 361, 362, and 363, together with interest thereon, after
    payment of attorney fees and litigation expenses and the costs of
    carrying out the provisions of this part, shall be distributed as
    provided in this part.

-SOURCE-
    (Pub. L. 92-555, Sec. 1, Oct. 25, 1972, 86 Stat. 1168.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 19, 1968, referred to in text, is act June 19, 1968,
    Pub. L. 90-352, 82 Stat. 239. That portion of the act which
    appropriated the funds referred to was not classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.


-MISC1-
                                SHORT TITLE                            
      Pub. L. 105-387, Sec. 1, Nov. 13, 1998, 112 Stat. 3471, provided
    that: "This Act [enacting part B of this subchapter and amending
    sections 1300d-3 and 1300d-4 of this title] may be cited as the
    'Mississippi Sioux Tribes Judgment Fund Distribution Act of 1998'."

-End-



-CITE-
    25 USC Sec. 1300d-1                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXV - MISSISSIPPI SIOUX TRIBES: DISTRIBUTION OF JUDGMENT
           FUND                                          
    Part A - 1972 Distribution Authority

-HEAD-
    Sec. 1300d-1. Lower Council Sioux

-STATUTE-
    (a) Membership rolls; applications
      The Flandreau Santee Sioux Tribe of South Dakota and the Santee
    Sioux Tribe of Nebraska shall bring current their membership rolls
    as of October 25, 1972. The Lower Sioux Indian Community at Morton,
    Minnesota, the Prairie Island Indian Community at Welch, Minnesota,
    and the Shakopee Mdewakanton Sioux Community of Minnesota shall
    prepare rolls of their members who are lineal descendants of the
    Mdewakanton and Wahpakoota Tribes, and who were born on or prior to
    and are living on October 25, 1972, using available records and
    rolls at the local agency and area offices, and any other available
    records and rolls. Applications for enrollment must be filed with
    each group named in this section and such rolls shall be subject to
    approval of the Secretary of the Interior. The Secretary's
    determination on all applications shall be final.
    (b) Roll of lineal descendants; applications
      The Secretary of the Interior shall prepare a roll of the lineal
    descendants of the Mdewakanton and Wahpakoota Tribe who were born
    on or prior to and are living on October 25, 1972, whose names or
    the names of a lineal ancestor appears on any available records and
    rolls acceptable to the Secretary, and who are not members of any
    of the organized groups listed in subsection (a) of this section.
    Applications for enrollment must be filed with the Area Director,
    Bureau of Indian Affairs, Aberdeen, South Dakota. The Secretary's
    determination on all applications for enrollment shall be final.

-SOURCE-
    (Pub. L. 92-555, title I, Sec. 101, Oct. 25, 1972, 86 Stat. 1168.)

-End-



-CITE-
    25 USC Sec. 1300d-2                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXV - MISSISSIPPI SIOUX TRIBES: DISTRIBUTION OF JUDGMENT
           FUND                                          
    Part A - 1972 Distribution Authority

-HEAD-
    Sec. 1300d-2. Apportionment of funds; deposit in United States
      Treasury; per capita shares; advances, deposits, expenditures,
      investments, or reinvestments for approved purposes

-STATUTE-
      After deducting the amounts authorized in section 1300d of this
    title, the funds derived from the judgment awarded the Indian
    Claims Commission dockets numbered 360, 361, 362, 363, and one-half
    of the amount awarded in docket numbered 359, plus accrued
    interest, shall be apportioned on the basis of the rolls prepared
    pursuant to section 1300d-1 of this title. An amount equivalent to
    the proportionate shares of those persons who are members of the
    Flandreau Santee Sioux Tribe of South Dakota, the Santee Sioux
    Tribe of Nebraska, the Lower Sioux Indian Community, the Prairie
    Island Indian Community, and the Shakopee Mdewakanton Sioux
    Community shall be placed on deposit in the United States Treasury
    to the credit of the respective groups. Eighty per centum of such
    funds on deposit to the credit of the Flandreau Santee Sioux Tribe
    of South Dakota and the Santee Sioux Tribe of Nebraska shall be
    distributed per capita to such tribal members, and the remainder
    may be advanced, deposited, expended, invested, or reinvested for
    any purpose designated by the respective tribal governing bodies
    and approved by the Secretary of the Interior. One hundred per
    centum of such funds on deposit to the credit of the Lower Sioux
    Indian Community, the Prairie Island Indian Community, and the
    Shakopee Mdewakanton Sioux Community shall be distributed per
    capita of such tribal members: Provided, That none of the funds may
    be paid per capita to any person whose name does not appear on the
    rolls prepared pursuant to section 1300d-1 of this title. The
    shares of enrollees who are not members of such groups shall be
    paid per capita.

-SOURCE-
    (Pub. L. 92-555, title I, Sec. 102, Oct. 25, 1972, 86 Stat. 1168.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-COD-
                               CODIFICATION                           
      Reference in proviso to "section 1300d-1 of this title" was
    substituted for "section 2 of this Act" as the probable intent of
    Congress.

-End-



-CITE-
    25 USC Sec. 1300d-3                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXV - MISSISSIPPI SIOUX TRIBES: DISTRIBUTION OF JUDGMENT
           FUND                                          
    Part A - 1972 Distribution Authority

-HEAD-
    Sec. 1300d-3. Upper Council Sioux

-STATUTE-
    (a) Membership rolls; applications
      The Devils Lake Sioux Tribe of North Dakota, and the Sisseton and
    Wahpeton Sioux Tribe of South Dakota, shall bring current their
    membership rolls of October 25, 1972. The Assiniboine and Sioux
    Tribes of the Fort Peck Reservation, Montana, shall prepare rolls
    of their members who are lineal descendants of the Sisseton and
    Wahpeton Mississippi Sioux Tribe, who were born on or prior to and
    are living on October 25, 1972, and who are entitled to enrollment
    on their respective membership rolls in accordance with the
    applicable rules and regulations of the tribe or group involved,
    using available, records and rolls at the local agency and area
    offices, and any other available records and rolls. Applications
    for enrollment must be filed with each group named in this section
    and such rolls shall be subject to approval of the Secretary of the
    Interior. The Secretary's determination on all applications for
    enrollment shall be final.
    (b) Roll of lineal descendants; applications
      Subject to the Mississippi Sioux Tribes Judgment Fund
    Distribution Act of 1998 [25 U.S.C. 1300d-21 et seq.], the
    Secretary of the Interior shall prepare a roll of the lineal
    descendants of the Sisseton and Wahpeton Mississippi Sioux Tribe
    who were born on or prior to and are living on October 25, 1972,
    whose names or the name of a lineal ancestor appears on any
    available records and rolls acceptable to the Secretary, and who
    are not members of any of the organized groups listed in subsection
    (a) of this section. Applications for enrollment must be filed with
    the Area Director, Bureau of Indian Affairs, Aberdeen, South
    Dakota. The Secretary's determination on all applications for
    enrollment shall be final.

-SOURCE-
    (Pub. L. 92-555, title II, Sec. 201, Oct. 25, 1972, 86 Stat. 1169;
    Pub. L. 105-387, Sec. 7(d)(2), Nov. 13, 1998, 112 Stat. 3475.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Mississippi Sioux Tribes Judgment Fund Distribution Act of
    1998, referred to in subsec. (b), is Pub. L. 105-387, Nov. 13,
    1998, 112 Stat. 3471, which is classified principally to part B
    (Sec. 1300d-21 et seq.) of this subchapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1300d of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (b). Pub. L. 105-387 substituted "Subject to the
    Mississippi Sioux Tribes Judgment Fund Distribution Act of 1998,
    the Secretary" for "The Secretary".

-End-



-CITE-
    25 USC Sec. 1300d-4                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXV - MISSISSIPPI SIOUX TRIBES: DISTRIBUTION OF JUDGMENT
           FUND                                          
    Part A - 1972 Distribution Authority

-HEAD-
    Sec. 1300d-4. Apportionment of funds

-STATUTE-
    (a) Basis of apportionment
      After deducting the amount authorized in section 1300d of this
    title, the funds derived from the judgment awarded in Indian Claims
    Commission docket numbered 142 and the one-half remaining from the
    amount awarded in docket numbered 359 (!1) plus interest received
    (other than funds otherwise distributed to the Sisseton and
    Wahpeton Tribes of Sioux Indians in accordance with the Mississippi
    Sioux Tribes Judgment Fund Distribution Act of 1998 [25 U.S.C.
    1300d-21 et seq.]), shall be apportioned on the basis of
    reservation residence and other residence shown on the 1909
    McLaughlin annuity roll, as follows:



                       Tribe or group                        Percentage 
    --------------------------------------------------------------------
    Devils Lake Sioux of North Dakota                            21.6892
    Sisseton-Wahpeton Sioux of South Dakota                      42.9730
    Assiniboine and Sioux Tribe of the Fort Peck                 10.3153
     Reservation, Montana                                               
    --------------------------------------------------------------------


    (b) Deposit in United States Treasury; per capita shares; advances,
      deposits, expenditures, investments, or reinvestments for
      approved purposes; programing proposals
      The shares of the Devils Lake Sioux Tribe of North Dakota, the
    Sisseton and Wahpeton Sioux Tribe of South Dakota, and the
    Assiniboine and Sioux Tribe of the Fort Peck Indian Reservation,
    Montana, as apportioned in accordance with subsection (a) of this
    section, shall be placed on deposit in the United States Treasury
    to the credit of the respective groups. Seventy per centum of such
    funds shall be distributed per capita to their tribal members:
    Provided, That none of the funds may be paid per capita to any
    person whose name does not appear on the rolls prepared pursuant to
    section 1300d-3(a) of this title. The remainder of such funds may
    be advanced, deposited, expended, invested, or reinvested for any
    purpose designated by the respective tribal governing bodies and
    approved by the Secretary of the Interior: Provided, That, in the
    case of the Assiniboine and Sioux Tribe of the Fort Peck
    Reservation, Montana, the Fort Peck Sisseton-Wahpeton Sioux Council
    shall act as the governing body in determining the distribution of
    funds allotted for programing purposes: Provided further, That the
    Sisseton-Wahpeton Sioux Tribe of South Dakota shall act in concert
    with its membership residing in the Upper Sioux Community in
    Minnesota and its membership affiliated with the Urban Sisseton-
    Wahpeton Council of the Minneapolis-Saint Paul area in jointly
    submitting programing proposals to the Secretary.
    (c) Per capita distribution to enrollees
      The funds allocated to all other Sisseton and Wahpeton Sioux, as
    provided in subsection (a) of this section, shall be distributed
    per capita to the persons enrolled on the roll prepared by the
    Secretary pursuant to section 1300d-3(b) of this title.

-SOURCE-
    (Pub. L. 92-555, title II, Sec. 202, Oct. 25, 1972, 86 Stat. 1169;
    Pub. L. 105-387, Sec. 7(d)(1), Nov. 13, 1998, 112 Stat. 3474.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Claims Commission, referred to in subsec. (a),
    terminated Sept. 30, 1978. See Codification note set out under
    former section 70 et seq. of this title.
      The Mississippi Sioux Tribes Judgment Fund Distribution Act of
    1998, referred to in subsec. (a), is Pub. L. 105-387, Nov. 13,
    1998, 112 Stat. 3471, which is classified principally to part B
    (Sec. 1300d-21 et seq.) of this subchapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1300d of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (a). Pub. L. 105-387, Sec. 7(d)(1)(B), in table
    struck out at end item which had apportioned 25.0225 percent of
    funds to all other Sisseton and Wahpeton Sioux.
      Pub. L. 105-387, Sec. 7(d)(1)(A)(ii), which directed amendment of
    introductory provisions by inserting "plus interest received (other
    than funds otherwise distributed to the Sisseton and Wahpeton
    Tribes of Sioux Indians in accordance with the Mississippi Sioux
    Tribes Judgment Fund Distribution Act of 1998)," after "docket
    numbered 359," was executed by making the insertion after "docket
    numbered 359", to reflect the probable intent of Congress and the
    amendment by Pub. L. 105-387, Sec. 7(d)(1)(A)(i). See below.
      Pub. L. 105-387, Sec. 7(d)(1)(A)(i), struck out ", plus accrued
    interest," after "docket numbered 359" in introductory provisions.

-FOOTNOTE-
    (!1) So in original. A comma probably should appear.


-End-



-CITE-
    25 USC Sec. 1300d-5                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXV - MISSISSIPPI SIOUX TRIBES: DISTRIBUTION OF JUDGMENT
           FUND                                          
    Part A - 1972 Distribution Authority

-HEAD-
    Sec. 1300d-5. Citizenship requirement

-STATUTE-
      No person shall be eligible to be enrolled under this part who is
    not a citizen of the United States.

-SOURCE-
    (Pub. L. 92-555, title III, Sec. 301, Oct. 25, 1972, 86 Stat.
    1170.)

-End-



-CITE-
    25 USC Sec. 1300d-6                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXV - MISSISSIPPI SIOUX TRIBES: DISTRIBUTION OF JUDGMENT
           FUND                                          
    Part A - 1972 Distribution Authority

-HEAD-
    Sec. 1300d-6. Election of group for enrollment

-STATUTE-
      Any person qualifying for enrollment with more than one group
    shall elect the group with which he shall be enrolled for the
    purpose of this part.

-SOURCE-
    (Pub. L. 92-555, title III, Sec. 302, Oct. 25, 1972, 86 Stat.
    1170.)

-End-



-CITE-
    25 USC Sec. 1300d-7                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXV - MISSISSIPPI SIOUX TRIBES: DISTRIBUTION OF JUDGMENT
           FUND                                          
    Part A - 1972 Distribution Authority

-HEAD-
    Sec. 1300d-7. Protection of minors and persons under legal
      disability

-STATUTE-
      The sums payable to enrollees or their heirs or legatees who are
    minors or who are under a legal disability shall be paid in
    accordance with such procedures, including the establishment of
    trusts, as the Secretary of the Interior determines appropriate to
    protect the best interest of such persons after considering the
    recommendations of the governing bodies of the groups involved.

-SOURCE-
    (Pub. L. 92-555, title III, Sec. 303, Oct. 25, 1972, 86 Stat.
    1170.)

-End-



-CITE-
    25 USC Sec. 1300d-8                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXV - MISSISSIPPI SIOUX TRIBES: DISTRIBUTION OF JUDGMENT
           FUND                                          
    Part A - 1972 Distribution Authority

-HEAD-
    Sec. 1300d-8. Income tax exemption

-STATUTE-
      None of the funds distributed per capita under the provisions of
    this part shall be subject to Federal or State income taxes.

-SOURCE-
    (Pub. L. 92-555, title III, Sec. 304, Oct. 25, 1972, 86 Stat.
    1170.)

-End-



-CITE-
    25 USC Sec. 1300d-9                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXV - MISSISSIPPI SIOUX TRIBES: DISTRIBUTION OF JUDGMENT
           FUND                                          
    Part A - 1972 Distribution Authority

-HEAD-
    Sec. 1300d-9. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to prescribe rules
    and regulations to carry out the provisions of this part, including
    the establishment of deadlines.

-SOURCE-
    (Pub. L. 92-555, title III, Sec. 305, Oct. 25, 1972, 86 Stat.
    1170.)

-End-



-CITE-
    25 USC Sec. 1300d-10                                        01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXV - MISSISSIPPI SIOUX TRIBES: DISTRIBUTION OF JUDGMENT
           FUND                                          
    Part A - 1972 Distribution Authority

-HEAD-
    Sec. 1300d-10. Authority to settle action

-STATUTE-
      Notwithstanding any provision of this part or any other provision
    of law, the Attorney General is authorized to negotiate and settle
    any action that may be or has been brought to contest the
    constitutionality or validity under law of the distribution to all
    other Sisseton and Wahpeton Sioux provided for in section 1300d-4
    of this title.

-SOURCE-
    (Pub. L. 92-555, title III, Sec. 306, as added Pub. L. 102-497,
    Sec. 17, Oct. 24, 1992, 106 Stat. 3261.)

-End-


-CITE-
    25 USC Part B - 1998 Distribution Authority                 01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXV - MISSISSIPPI SIOUX TRIBES: DISTRIBUTION OF JUDGMENT
           FUND                                          
    Part B - 1998 Distribution Authority

-HEAD-
                   PART B - 1998 DISTRIBUTION AUTHORITY               

-End-



-CITE-
    25 USC Sec. 1300d-21                                        01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXV - MISSISSIPPI SIOUX TRIBES: DISTRIBUTION OF JUDGMENT
           FUND                                          
    Part B - 1998 Distribution Authority

-HEAD-
    Sec. 1300d-21. Definitions

-STATUTE-
      In this part:
      (1) Covered Indian tribe
        The term "covered Indian tribe" means an Indian tribe listed in
      section 1300d-23(a) of this title.
      (2) Fund Account
        The term "Fund Account" means the consolidated account for
      tribal trust funds in the Treasury of the United States that is
      managed by the Secretary - 
          (A) through the Office of Trust Fund Management of the
        Department of the Interior; and
          (B) in accordance with the American Indian Trust Fund
        Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
      (3) Secretary
        The term "Secretary" means the Secretary of the Interior.
      (4) Tribal governing body
        The term "tribal governing body" means the duly elected
      governing body of a covered Indian tribe.

-SOURCE-
    (Pub. L. 105-387, Sec. 2, Nov. 13, 1998, 112 Stat. 3471.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in text, was in the original "this Act",
    meaning Pub. L. 105-387, Nov. 13, 1998, 112 Stat. 3471, which is
    classified principally to this part. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1300d of this title and Tables.
      The American Indian Trust Fund Management Reform Act of 1994,
    referred to in par. (2)(B), is Pub. L. 103-412, Oct. 25, 1994, 108
    Stat. 4239, as amended, which is classified principally to chapter
    42 (Sec. 4001 et seq.) of this title. For complete classification
    of this Act to the Code, see Short Title note set out under section
    4001 of this title and Tables.

-End-



-CITE-
    25 USC Sec. 1300d-22                                        01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXV - MISSISSIPPI SIOUX TRIBES: DISTRIBUTION OF JUDGMENT
           FUND                                          
    Part B - 1998 Distribution Authority

-HEAD-
    Sec. 1300d-22. Distribution to, and use of certain funds by, the
      Sisseton and Wahpeton Tribes of Sioux Indians

-STATUTE-
      Notwithstanding any other provision of law, including part A of
    this subchapter, any funds made available by appropriations under
    chapter II of Public Law 90-352 (82 Stat. 239) to the Sisseton and
    Wahpeton Tribes of Sioux Indians to pay a judgment in favor of
    those Indian tribes in Indian Claims Commission dockets numbered
    142 and 359, including interest, that, as of November 13, 1998,
    have not been distributed, shall be distributed and used in
    accordance with this part.

-SOURCE-
    (Pub. L. 105-387, Sec. 3, Nov. 13, 1998, 112 Stat. 3471.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Chapter II of Public Law 90-352, referred to in text, is chapter
    II of Pub. L. 90-352, June 19, 1968, 82 Stat. 239, which provided
    appropriations for payment of certain claims settled and determined
    by departments and agencies in accordance with law and judgments
    rendered against the United States, and was not classified to the
    Code.

-End-



-CITE-
    25 USC Sec. 1300d-23                                        01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXV - MISSISSIPPI SIOUX TRIBES: DISTRIBUTION OF JUDGMENT
           FUND                                          
    Part B - 1998 Distribution Authority

-HEAD-
    Sec. 1300d-23. Distribution of funds to tribes

-STATUTE-
    (a) In general
      (1) Amount distributed
        (A) In general
          Subject to section 1300d-27(e) of this title and if no action
        is filed in a timely manner (as determined under section 1300d-
        27(d) of this title) raising any claim identified in section
        1300d-27(a) of this title, not earlier than 365 days after
        November 13, 1998, and not later than 415 days after November
        13, 1998, the Secretary shall transfer to the Fund Account to
        be credited to accounts established in the Fund Account for the
        benefit of the applicable governing bodies under paragraph (2)
        an aggregate amount determined under subparagraph (B).
        (B) Aggregate amount
          The aggregate amount referred to in subparagraph (A) is an
        amount equal to the remainder of - 
            (i) the funds described in section 1300d-22 of this title;
          minus
            (ii) an amount equal to 71.6005 percent of the funds
          described in section 1300d-22 of this title.
      (2) Distribution of funds to accounts in the Fund Account
        The Secretary shall ensure that the aggregate amount
      transferred under paragraph (1) is allocated to the accounts
      established in the Fund Account as follows:
          (A) 28.9276 percent of that amount shall be allocated to the
        account established for the benefit of the tribal governing
        body of the Spirit Lake Tribe of North Dakota.
          (B) 57.3145 percent of that amount, after payment of any
        applicable attorneys' fees and expenses by the Secretary under
        the contract numbered A00C14202991, approved by the Secretary
        on August 16, 1988, shall be allocated to the account
        established for the benefit of the tribal governing body of the
        Sisseton and Wahpeton Sioux Tribe of South Dakota.
          (C) 13.7579 percent of that amount shall be allocated to the
        account established for the benefit of the tribal governing
        body of the Assiniboine and Sioux Tribes of the Fort Peck
        Reservation in Montana, as designated under subsection (c) of
        this section.
    (b) Use
      Amounts distributed under this section to accounts referred to in
    subsection (d) of this section for the benefit of a tribal
    governing body shall be distributed and used in a manner consistent
    with section 1300d-24 of this title.
    (c) Tribal governing body of Assiniboine and Sioux Tribes of Fort
      Peck Reservation
      For purposes of making distributions of funds pursuant to this
    part, the Sisseton and Wahpeton Sioux Council of the Assiniboine
    and Sioux Tribes shall act as the governing body of the Assiniboine
    and Sioux Tribes of the Fort Peck Reservation.
    (d) Tribal Trust Fund Accounts
      The Secretary of the Treasury, in cooperation with the Secretary
    of the Interior, acting through the Office of Trust Fund Management
    of the Department of the Interior, shall ensure that such accounts
    as are necessary are established in the Fund Account to provide for
    the distribution of funds under subsection (a)(2) of this section.

-SOURCE-
    (Pub. L. 105-387, Sec. 4, Nov. 13, 1998, 112 Stat. 3471.)

-End-



-CITE-
    25 USC Sec. 1300d-24                                        01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXV - MISSISSIPPI SIOUX TRIBES: DISTRIBUTION OF JUDGMENT
           FUND                                          
    Part B - 1998 Distribution Authority

-HEAD-
    Sec. 1300d-24. Use of distributed funds

-STATUTE-
    (a) Prohibition
      No funds allocated for a covered Indian tribe under section 1300d-
    23 of this title may be used to make per capita payments to
    members of the covered Indian tribe.
    (b) Purposes
      The funds allocated under section 1300d-23 of this title may be
    used, administered, and managed by a tribal governing body referred
    to in section 1300d-23(a)(2) of this title only for the purpose of
    making investments or expenditures that the tribal governing body
    determines to be reasonably related to - 
        (1) economic development that is beneficial to the covered
      Indian tribe;
        (2) the development of resources of the covered Indian tribe;
        (3) the development of programs that are beneficial to members
      of the covered Indian tribe, including educational and social
      welfare programs;
        (4) the payment of any existing obligation or debt (existing as
      of the date of the distribution of the funds) arising out of any
      activity referred to in paragraph (1), (2), or (3);
        (5)(A) the payment of attorneys' fees or expenses of any
      covered Indian tribe referred to in subparagraph (A) or (C) of
      section 1300d-23(a)(2) of this title for litigation or other
      representation for matters arising out of the enactment of part A
      of this subchapter; except that
        (B) the amount of attorneys' fees paid by a covered Indian
      tribe under this paragraph with funds distributed under section
      1300d-23 of this title shall not exceed 10 percent of the amount
      distributed to that Indian tribe under that section;
        (6) the payment of attorneys' fees or expenses of the covered
      Indian tribe referred to in section 1300d-23(a)(2)(B) of this
      title for litigation and other representation for matters arising
      out of the enactment of part A of this subchapter, in accordance,
      as applicable, with the contracts numbered A00C14203382 and
      A00C14202991, that the Secretary approved on February 10, 1978
      and August 16, 1988, respectively; or
        (7) the payment of attorneys' fees or expenses of any covered
      Indian tribe referred to in section 1300d-23(a)(2) of this title
      for litigation or other representation with respect to matters
      arising out of this part.
    (c) Management
      Subject to subsections (a), (b), and (d) of this section, any
    funds distributed to a covered Indian tribe pursuant to sections
    1300d-23 and 1300d-26 of this title may be managed and invested by
    that Indian tribe pursuant to the American Indian Trust Fund
    Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
    (d) Withdrawal of funds by covered tribes
      (1) In general
        Subject to paragraph (2), each covered Indian tribe may, at the
      discretion of that Indian tribe, withdraw all or any portion of
      the funds distributed to the Indian tribe under sections 1300d-23
      and 1300d-26 of this title in accordance with the American Indian
      Trust Fund Management Reform Act (!1) (25 U.S.C. 4001 et seq.).

      (2) Exemption
        For purposes of paragraph (1), the requirements under
      subsections (a) and (b) of section 202 of the American Indian
      Trust Fund Management Reform Act (!1) (25 U.S.C. 4022(a) and (b))
      and section 203 of such Act (25 U.S.C. 4023) shall not apply to a
      covered Indian tribe or the Secretary.
      (3) Rule of construction
        Nothing in paragraph (2) may be construed to limit the
      applicability of section 202(c) of the American Indian Trust Fund
      Management Reform Act (!1) (25 U.S.C. 4022(c)).

-SOURCE-
    (Pub. L. 105-387, Sec. 5, Nov. 13, 1998, 112 Stat. 3472.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The American Indian Trust Fund Management Reform Act of 1994,
    referred to in subsecs. (c) and (d)(1), is Pub. L. 103-412, Oct.
    25, 1994, 108 Stat. 4239, as amended, which is classified
    principally to chapter 42 (Sec. 4001 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 4001 of this title and Tables.

-FOOTNOTE-
    (!1) So in original. Probably should be followed by "of 1994".


-End-



-CITE-
    25 USC Sec. 1300d-25                                        01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXV - MISSISSIPPI SIOUX TRIBES: DISTRIBUTION OF JUDGMENT
           FUND                                          
    Part B - 1998 Distribution Authority

-HEAD-
    Sec. 1300d-25. Effect of payments to covered Indian tribes on
      benefits

-STATUTE-
      A payment made to a covered Indian tribe or an individual under
    this part shall not - 
        (1) for purposes of determining the eligibility for a Federal
      service or program of a covered Indian tribe, household, or
      individual, be treated as income or resources; or
        (2) otherwise result in the reduction or denial of any service
      or program to which, pursuant to Federal law (including the
      Social Security Act (42 U.S.C. 301 et seq.)), the covered Indian
      tribe, household, or individual would otherwise be entitled.

-SOURCE-
    (Pub. L. 105-387, Sec. 6, Nov. 13, 1998, 112 Stat. 3473.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in par. (2), is act Aug. 14,
    1935, ch. 531, 49 Stat. 620, as amended, which is classified
    principally to chapter 7 (Sec. 301 et seq.) of Title 42, The Public
    Health and Welfare. For complete classification of this Act to the
    Code, see section 1305 of Title 42 and Tables.

-End-



-CITE-
    25 USC Sec. 1300d-26                                        01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXV - MISSISSIPPI SIOUX TRIBES: DISTRIBUTION OF JUDGMENT
           FUND                                          
    Part B - 1998 Distribution Authority

-HEAD-
    Sec. 1300d-26. Distribution of funds to lineal descendants

-STATUTE-
    (a) In general
      Subject to section 1300d-27(e) of this title, the Secretary
    shall, in the manner prescribed in section 1300d-4(c) of this
    title, distribute to the lineal descendants of the Sisseton and
    Wahpeton Tribes of Sioux Indians an amount equal to 71.6005 percent
    of the funds described in section 1300d-22 of this title, subject
    to any reduction determined under subsection (b) of this section.
    (b) Adjustments
      (1) In general
        Subject to section 1300d-27(e) of this title, if the number of
      individuals on the final roll of lineal descendants certified by
      the Secretary under section 1300d-3(b) of this title is less than
      2,588, the Secretary shall distribute a reduced aggregate amount
      to the lineal descendants referred to in subsection (a) of this
      section, determined by decreasing - 
          (A) the percentage specified in section 1300d-23(a)(B)(ii)
        (!1) of this title by a percentage amount equal to - 

            (i) .0277; multiplied by
            (ii) the difference between 2,588 and the number of lineal
          descendants on the final roll of lineal descendants, but not
          to exceed 600; and

          (B) the percentage specified in subsection (a) of this
        section by the percentage amount determined under subparagraph
        (A).
      (2) Distribution
        If a reduction in the amount that otherwise would be
      distributed under subsection (a) of this section is made under
      paragraph (1), an amount equal to that reduction shall be added
      to the amount available for distribution under section 1300d-
      23(a)(1) of this title, for distribution in accordance with
      section 1300d-23(a)(2) of this title.
    (c) Verification of ancestry
      In seeking to verify the Sisseton and Wahpeton Mississippi Sioux
    Tribe ancestry of any person applying for enrollment on the roll of
    lineal descendants after January 1, 1998, the Secretary shall
    certify that each individual enrolled as a lineal descendant can
    trace ancestry to a specific Sisseton or Wahpeton Mississippi Sioux
    Tribe lineal ancestor who was listed on - 
        (1) the 1909 Sisseton and Wahpeton annuity roll;
        (2) the list of Sisseton and Wahpeton Sioux prisoners convicted
      for participating in the outbreak referred to as the "1862
      Minnesota Outbreak";
        (3) the list of Sioux scouts, soldiers, and heirs identified as
      Sisseton and Wahpeton Sioux on the roll prepared pursuant to the
      Act of March 3, 1891 (26 Stat. 989 et seq., chapter 543); or
        (4) any other Sisseton or Wahpeton payment or census roll that
      preceded a roll referred to in paragraph (1), (2), or (3).

-SOURCE-
    (Pub. L. 105-387, Sec. 7, Nov. 13, 1998, 112 Stat. 3474.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of March 3, 1891, referred to in subsec. (c)(3), is act Mar.
    3, 1891, ch. 543, 26 Stat. 989. Provisions of the act relating to
    preparation of the roll are not classified to the Code.

-COD-
                               CODIFICATION                           
      Section is comprised of section 7 of Pub. L. 105-387. Subsec. (d)
    of section 7 of Pub. L. 105-387 amended sections 1300d-3 and 1300d-
    4 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be section
         "1300d-23(a)(1)(B)(ii)".


-End-



-CITE-
    25 USC Sec. 1300d-27                                        01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXV - MISSISSIPPI SIOUX TRIBES: DISTRIBUTION OF JUDGMENT
           FUND                                          
    Part B - 1998 Distribution Authority

-HEAD-
    Sec. 1300d-27. Jurisdiction; procedure

-STATUTE-
    (a) Actions authorized
      In any action brought by or on behalf of a lineal descendant or
    any group or combination of those lineal descendants to challenge
    the constitutionality or validity of distributions under this part
    to any covered Indian tribe, any covered Indian tribe, separately,
    or jointly with another covered Indian tribe, shall have the right
    to intervene in that action to - 
        (1) defend the validity of those distributions; or
        (2) assert any constitutional or other claim challenging the
      distributions made to lineal descendants under this part.
    (b) Jurisdiction and venue
      (1) Exclusive original jurisdiction
        Subject to paragraph (2), only the United States District Court
      for the District of Columbia, and for the districts in North
      Dakota and South Dakota, shall have original jurisdiction over
      any action brought to contest the constitutionality or validity
      under law of the distributions authorized under this part.
      (2) Consolidation of actions
        After the filing of a first action under subsection (a) of this
      section, all other actions subsequently filed under that
      subsection shall be consolidated with that first action.
      (3) Jurisdiction by the United States Court of Federal Claims
        If appropriate, the United States Court of Federal Claims shall
      have jurisdiction over an action referred to in subsection (a) of
      this section.
    (c) Notice to covered tribes
      In an action brought under this section, not later than 30 days
    after the service of a summons and complaint on the Secretary that
    raises a claim identified in subsection (a) of this section, the
    Secretary shall send a copy of that summons and complaint, together
    with any responsive pleading, to each covered Indian tribe by
    certified mail with return receipt requested.
    (d) Statute of limitations
      No action raising a claim referred to in subsection (a) of this
    section may be filed after the date that is 365 days after November
    13, 1998.
    (e) Special rule
      (1) Final judgment for lineal descendants
        (A) In general
          If an action that raises a claim referred to in subsection
        (a) of this section is brought, and a final judgment is entered
        in favor of 1 or more lineal descendants referred to in that
        subsection, section 1300d-23(a) of this title and subsections
        (a) and (b) of section 1300d-26 of this title shall not apply
        to the distribution of the funds described in subparagraph (B).
        (B) Distribution of funds
          Upon the issuance of a final judgment referred to in
        subparagraph (A) the Secretary shall distribute 100 percent of
        the funds described in section 1300d-22 of this title to the
        lineal descendants in a manner consistent with - 
            (i) section 202(c) of Public Law 92-555 (25 U.S.C. 1300d-
          4(c)); and
            (ii) section 202(a) of Public Law 92-555 [25 U.S.C. 1300d-
          4(a)], as in effect on the day before November 13, 1998.
      (2) Final judgment for covered Indian tribes
        (A) In general
          If an action that raises a claim referred to in subsection
        (a) of this section is brought, and a final judgment is entered
        in favor of 1 or more covered Indian tribes that invalidates
        the distributions made under this part to lineal descendants,
        section 1300d-23(a) of this title, other than the percentages
        under section 1300d-23(a)(2) of this title, and subsections (a)
        and (b) of section 1300d-26 of this title shall not apply.
        (B) Distribution of funds
          Not later than 180 days after the date of the issuance of a
        final judgment referred to in subparagraph (A), the Secretary
        shall distribute 100 percent of the funds described in section
        1300d-22 of this title to each covered Indian tribe in
        accordance with the judgment and the percentages for
        distribution contained in section 1300d-23(a)(2) of this title.
    (f) Limitation on claims by a covered Indian tribe
      (1) In general
        If any covered Indian tribe receives any portion of the
      aggregate amounts transferred by the Secretary to a Fund Account
      or any other account under section 1300d-23 of this title, no
      action may be brought by that covered Indian tribe in any court
      for a claim arising from the distribution of funds under part A
      of this subchapter.
      (2) Rule of construction
        Nothing in this subsection shall be construed to limit the
      right of a covered Indian tribe to - 
          (A) intervene in an action that raises a claim referred to in
        subsection (a) of this section; or
          (B) limit the jurisdiction of any court referred to in
        subsection (b) of this section, to hear and determine any such
        claims.

-SOURCE-
    (Pub. L. 105-387, Sec. 8, Nov. 13, 1997, 112 Stat. 3475.)

-End-


-CITE-
    25 USC SUBCHAPTER LXXVI - ASSINIBOINE TRIBES OF MONTANA:
           DISTRIBUTION OF JUDGMENT FUND                   01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXVI - ASSINIBOINE TRIBES OF MONTANA: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
     SUBCHAPTER LXXVI - ASSINIBOINE TRIBES OF MONTANA: DISTRIBUTION OF
                               JUDGMENT FUND

-End-



-CITE-
    25 USC Sec. 1300e                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXVI - ASSINIBOINE TRIBES OF MONTANA: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1300e. Disposition of funds; percentage basis for division;
      attorney fees and expenses

-STATUTE-
      The funds appropriated by the Act of January 8, 1971 (84 Stat.
    1981), to pay a judgment to the Assiniboine Tribes of the Fort Peck
    and Fort Belknap Reservations, Montana, in Indian Claims Commission
    docket numbered 279-A, together with interest thereon, after
    payment of attorney fees and litigation expenses, shall be divided
    by the Secretary of the Interior on the basis of 50 per centum to
    the Assiniboine Tribe of the Fort Peck Reservation and 50 per
    centum to the Assiniboine Tribe of the Fort Belknap Reservation.

-SOURCE-
    (Pub. L. 92-557, Sec. 1, Oct. 25, 1972, 86 Stat. 1171.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of January 8, 1971, referred to in text, is act Jan. 8, 1971,
    Pub. L. 91-665, 84 Stat. 1981, known as the Supplemental
    Appropriations Act, 1971. That portion of the act which
    appropriated the funds referred to was not classified to the Code.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 1300e-1                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXVI - ASSINIBOINE TRIBES OF MONTANA: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1300e-1. Per capita shares to members of Assiniboine Tribe of
      Fort Peck Reservation; deductions; eligibility for payments

-STATUTE-
      The share of the Assiniboine Tribe of the Fort Peck Reservation,
    after deducting $50,000 to be used as provided in section 1300e-2
    of this title, and after deducting the estimated costs of
    distribution and all other appropriate expenses, shall be
    distributed per capita to each person born on or before, and living
    on, October 25, 1972, who is a citizen of the United States, is
    duly enrolled on the approved roll of the Assiniboine and Sioux
    Tribes of the Fort Peck Reservation, and is of Assiniboine lineal
    descent: Provided, That persons in the following categories shall
    not be eligible to receive a per capita payment: (a) persons who
    possess a greater degree of Fort Peck Sioux blood than Fort Peck
    Assiniboine blood, (b) persons who possess equal degrees of Fort
    Peck Assiniboine and Fort Peck Sioux blood and who elect to be
    enrolled as Sioux, and (c) persons who participated, or were
    eligible to participate, in the distribution of funds under the
    provisions of the Act of June 19, 1970 (84 Stat. 313) [25 U.S.C.
    1201 et seq.], for the disposition of the judgment of the Sioux
    Tribe of the Fort Peck Reservation in docket numbered 279-A.

-SOURCE-
    (Pub. L. 92-557, Sec. 2, Oct. 25, 1972, 86 Stat. 1171.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act June 19, 1970, referred to in text, is act June 19, 1970,
    Pub. L. 91-283, 84 Stat. 313, which is classified generally to
    subchapter LXII (Sec. 1201 et seq.) of this chapter. For complete
    classification of this Act to the Code, see Tables.

-End-



-CITE-
    25 USC Sec. 1300e-2                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXVI - ASSINIBOINE TRIBES OF MONTANA: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1300e-2. Expenditure of withheld funds for certain salaries
      and expenses; additional per capita distributions

-STATUTE-
      Upon agreement by the Fort Peck Assiniboine Tribe and the Fort
    Peck Sioux Tribe on the amount each agrees to contribute from the
    award to each tribe in Indian Claims Commission docket numbered 279-
    A, the agreed contribution of the Fort Peck Assiniboine Tribe
    shall be withdrawn from the $50,000, and interest thereon, withheld
    from per capita distribution pursuant to section 1300e-1 of this
    title, and shall be credited to the joint account for expenditure
    pursuant to the Act of June 29, 1954 (68 Stat. 329): Provided, That
    upon request of the Fort Peck Assiniboine Tribe the Secretary of
    the Interior in his discretion may distribute all or part of the
    aforesaid $50,000 and interest thereon per capita to each person
    eligible under section 1300e-1 of this title.

-SOURCE-
    (Pub. L. 92-557, Sec. 3, Oct. 25, 1972, 86 Stat. 1171.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.
      Act of June 29, 1954, referred to in text, is act June 29, 1954,
    ch. 421, 68 Stat. 329, which was not classified to the Code.

-End-



-CITE-
    25 USC Sec. 1300e-3                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXVI - ASSINIBOINE TRIBES OF MONTANA: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1300e-3. Per capita shares to members of Assiniboine Tribe of
      Fort Belknap Reservation; deductions; eligibility for payments

-STATUTE-
      The share of the Assiniboine Tribe of the Fort Belknap
    Reservation, after deducting $100,000 to be used as provided in
    section 1300e-4 of this title, and after deducting the estimated
    costs of distribution and all other appropriate expenses, shall be
    distributed per capita to each person born on or before, and living
    on, October 25, 1972, who is a citizen of the United States, is
    duly enrolled on the approved roll of the organized Fort Belknap
    Community, and is of Assiniboine lineal descent: Provided, That
    persons in the following categories shall not be eligible to
    receive a per capita payment: (a) persons who possess a greater
    degree of Gros Ventre blood than Assiniboine blood, (b) persons who
    possess equal degrees of Fort Belknap Assiniboine and Fort Peck
    Gros Ventre blood and who elect to be enrolled as Gros Ventre, and
    (c) persons who participated, or were eligible to participate, in
    the distribution of funds under the Act of March 18, 1972 (Public
    Law 92-254) [25 U.S.C. 1261 et seq.], for the disposition of the
    judgment of the Blackfeet Tribe and the Gros Ventre Tribe in Indian
    Claims Commission docket numbered 279-A.

-SOURCE-
    (Pub. L. 92-557, Sec. 4, Oct. 25, 1972, 86 Stat. 1171.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of March 18, 1972, referred to in text, is act Mar. 18, 1972,
    Pub. L. 92-254, 86 Stat. 64, which is classified generally to
    subchapter LXVIII (Sec. 1261 et seq.) of this chapter. For complete
    classification of this Act to the Code, see Tables.
      The Indian Claims Commission, referred to in text, terminated
    Sept. 30, 1978. See Codification note set out under former section
    70 et seq. of this title.

-End-



-CITE-
    25 USC Sec. 1300e-4                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXVI - ASSINIBOINE TRIBES OF MONTANA: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1300e-4. Expenditure of withheld funds for authorized
      purposes; community projects; additional per capita distributions

-STATUTE-
      The $100,000 withheld from distribution under section 1300e-3 of
    this title, and interest thereon, may be used for any purpose
    authorized by the Assiniboine Treaty Committee of the Fort Belknap
    Assiniboine Tribe and approved by the Secretary of the Interior,
    including contributions to Reservation community projects and
    further per capita distribution.

-SOURCE-
    (Pub. L. 92-557, Sec. 5, Oct. 25, 1972, 86 Stat. 1172.)

-End-



-CITE-
    25 USC Sec. 1300e-5                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXVI - ASSINIBOINE TRIBES OF MONTANA: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1300e-5. Per capita shares; reversion to tribe

-STATUTE-
      The per capita shares shall be determined on the basis of the
    number of persons eligible for per capitas and the number of
    persons rejected for per capitas who have taken a timely appeal.
    The shares of those persons whose appeals are denied shall revert
    to the tribe from whose share the per capita would have been paid,
    to be expended for any purpose designated by such tribe and
    approved by the Secretary.

-SOURCE-
    (Pub. L. 92-557, Sec. 6, Oct. 25, 1972, 86 Stat. 1172.)

-End-



-CITE-
    25 USC Sec. 1300e-6                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXVI - ASSINIBOINE TRIBES OF MONTANA: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1300e-6. Income tax exemption; protection of minors and
      persons under legal disability

-STATUTE-
      None of the funds distributed per capita under the provisions of
    this subchapter shall be subject to Federal or State income taxes.
    Sums payable to persons under eighteen years of age or under legal
    disability shall be paid in accordance with such procedures,
    including the establishment of trusts, as the Secretary determines
    will protect the best interests of such persons.

-SOURCE-
    (Pub. L. 92-557, Sec. 7, Oct. 25, 1972, 86 Stat. 1172.)

-End-



-CITE-
    25 USC Sec. 1300e-7                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXVI - ASSINIBOINE TRIBES OF MONTANA: DISTRIBUTION OF
           JUDGMENT FUND                                 

-HEAD-
    Sec. 1300e-7. Rules and regulations

-STATUTE-
      The Secretary is authorized to prescribe rules and regulations to
    effect the provisions of this subchapter, including the
    establishment of deadlines.

-SOURCE-
    (Pub. L. 92-557, Sec. 8, Oct. 25, 1972, 86 Stat. 1172.)

-End-


-CITE-
    25 USC SUBCHAPTER LXXVII - PASCUA YAQUI TRIBE               01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXVII - PASCUA YAQUI TRIBE

-HEAD-
                  SUBCHAPTER LXXVII - PASCUA YAQUI TRIBE              

-End-



-CITE-
    25 USC Sec. 1300f                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXVII - PASCUA YAQUI TRIBE

-HEAD-
    Sec. 1300f. Status of Pascua Yaqui Indian people

-STATUTE-
    (a) Eligibility for services and assistance
      The Pascua Yaqui Indian people who are members of the Pascua
    Yaqui Association, Incorporated, an Arizona corporation, or who
    hereafter become members of the Pascua Yaqui Tribe in accordance
    with section 1300f-2 of this title, are recognized as, and declared
    to be, eligible, on and after September 18, 1978, for the services
    and assistance provided to Indians because of their status as
    Indians by or through any department, agency, or instrumentality of
    the United States, or under any statute of the United States. The
    Pascua Yaqui Tribe, a historic Indian tribe, is acknowledged as a
    federally recognized Indian tribe possessing all the attributes of
    inherent sovereignty which have not been specifically taken away by
    Acts of Congress and which are not inconsistent with such tribal
    status. For the purposes of section 2005a of title 42, the Pascua
    Yaqui Indians are to be considered as if they were being provided
    hospital and medical care by or at the expense of the Public Health
    Service on August 16, 1957.
    (b) Administration of lands; application of other laws
      The provisions of the Act of June 18, 1934 (48 Stat. 484 (!1)),
    as amended [25 U.S.C. 461 et seq.], are extended to such members
    described in subsection (a) of this section.

    (c) Receipt in trust by United States of land for Pascua Yaqui
      Tribe; criminal and civil jurisdiction
      The Secretary of the Interior is directed, upon request of the
    Pascua Yaqui Association, Incorporated, and without monetary
    consideration, to accept on behalf of the United States and in
    trust for the Pascua Yaqui Tribe, the title to the real property
    conveyed by the United States to such association under the Act of
    October 8, 1964 (78 Stat. 1197), and such lands shall be held as
    Indian lands are held: Provided, That the State of Arizona shall
    exercise criminal and civil jurisdiction over such lands as if it
    had assumed jurisdiction pursuant to the Act of August 15, 1953 (67
    Stat. 588), as amended by the Act of April 11, 1968 (82 Stat. 79).

-SOURCE-
    (Pub. L. 95-375, Sec. 1, Sept. 18, 1978, 92 Stat. 712; Pub. L. 103-
    357, Sec. 1(a), Oct. 14, 1994, 108 Stat. 3418.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, referred to in subsec. (b), popularly known
    as the Indian Reorganization Act, is classified generally to
    subchapter V (Sec. 461 et seq.) of this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of this title and Tables.
      Act of October 8, 1964, referred to in subsec. (c), is act Oct.
    8, 1964, Private Law 88-350, 78 Stat. 1196, which conveyed all
    right, title and interest of the United States in certain lands to
    the Pascua Yaqui Association, Inc., and was not classified to the
    Code.
      Act of August 15, 1953, as amended by the Act of April 11, 1968,
    referred to in subsec. (c), is act Aug. 15, 1953, ch. 505, 67 Stat.
    588, as amended, which enacted section 1162 of Title 18, Crimes and
    Criminal Procedure, section 1360 of Title 28, Judiciary and
    Judicial Procedure, and provisions set out as notes under section
    1360 of Title 28. For complete classification of this Act to the
    Code, see Tables.

-COD-
                               CODIFICATION                           
      Section is comprised of section 1 of Pub. L. 95-375. Subsec. (d)
    of section 1 of Pub. L. 95-375, which repealed section 4 of Private
    Law 88-350, Oct. 8, 1964, 78 Stat. 1197, is not classified to the
    Code.


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (a). Pub. L. 103-357 inserted after first sentence
    "The Pascua Yaqui Tribe, a historic Indian tribe, is acknowledged
    as a federally recognized Indian tribe possessing all the
    attributes of inherent sovereignty which have not been specifically
    taken away by Acts of Congress and which are not inconsistent with
    such tribal status."

-FOOTNOTE-
    (!1) So in original. Probably should be "984".


-End-



-CITE-
    25 USC Sec. 1300f-1                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXVII - PASCUA YAQUI TRIBE

-HEAD-
    Sec. 1300f-1. Tribal constitution and bylaws; review by Secretary;
      publication of documents and membership roll in Federal Register

-STATUTE-
      Within thirty months after September 18, 1978, the Pascua Yaqui
    Tribe shall adopt a constitution and bylaws or other governing
    documents and a membership roll. The Secretary of the Interior
    shall review such documents to insure that they comply with the
    provisions of this subchapter and shall publish such documents and
    membership roll in the Federal Register. Publication of such roll
    shall not affect or delay the immediate eligibility of the members
    of the Association under section 1300f of this title.

-SOURCE-
    (Pub. L. 95-375, Sec. 2, Sept. 18, 1978, 92 Stat. 712.)

-End-



-CITE-
    25 USC Sec. 1300f-2                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXVII - PASCUA YAQUI TRIBE

-HEAD-
    Sec. 1300f-2. Membership of Tribe

-STATUTE-
      For the purposes of section 1300f of this title, membership of
    the Pascua Yaqui Tribe shall consist of - 
        (A) the members of the Pascua Yaqui Association, Incorporated,
      as of September 18, 1978, who apply for enrollment in the Pascua
      Yaqui Tribe within one year from September 18, 1978 pursuant to
      the membership criteria and procedures provided for in the
      official governing documents of the Pascua Yaqui Tribe;
        (B) all those persons of Yaqui blood who are citizens of the
      United States and who, within two years from September 18, 1978,
      apply for, and are admitted to, membership in the Association
      pursuant to article VII of the Articles of Incorporation of the
      Association;
        (C) all those persons of Yaqui blood who are citizens of the
      United States and who, within three years after October 14, 1994,
      apply for enrollment in the Pascua Yaqui Tribe pursuant to the
      membership criteria and procedures provided for in the official
      governing documents of the Pascua Yaqui Tribe; and
        (D) direct lineal descendants of such persons, subject to any
      further qualifications as may be provided by the Tribe in its
      constitution and bylaws or other governing documents.

-SOURCE-
    (Pub. L. 95-375, Sec. 3, Sept. 18, 1978, 92 Stat. 712; Pub. L. 103-
    357, Sec. 1(b), Oct. 14, 1994, 108 Stat. 3418.)


-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-357 added par. (C) and redesignated former
    par. (C) as (D).

-End-



-CITE-
    25 USC Sec. 1300f-3                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXVII - PASCUA YAQUI TRIBE

-HEAD-
    Sec. 1300f-3. Study

-STATUTE-
    (a) In general
      The Secretary of the Interior shall conduct one or more studies
    to determine - 
        (1) whether the lands held in trust on October 14, 1994, by the
      United States for the Pascua Yaqui Tribe are adequate for the
      needs of the tribe for the foreseeable future;
        (2) if such lands are not adequate - 
          (A) whether suitable additional lands are available for
        acquisition by exchange or purchase; and
          (B) the cost and location of the suitable additional lands;

        (3) whether the Pascua Yaqui Tribe has sufficient water rights
      and allocations to meet the needs of the tribe for the
      foreseeable future;
        (4) if such water rights and allocations are not adequate - 
          (A) whether additional water can be acquired; and
          (B) the potential sources and associated costs of such
        additional water;

        (5) whether the Bureau of Indian Affairs and the Indian Health
      Service have limited funding to the Pascua Yaqui Tribe based on a
      determination of the tribal enrollment in 1978, rather than the
      current enrollment;
        (6) if funding has been based on 1978 enrollment, how the
      funding levels can be adjusted to ensure that the Pascua Yaqui
      Tribe receives a fair and equitable portion of Bureau of Indian
      Affairs and Indian Health Service funding;
        (7) the genealogy of the Pascua Yaqui Tribe; and
        (8) the economic development opportunities available to the
      tribe as a result of the North American Free Trade Agreement.
    (b) Tribal participation
      The Secretary shall provide for the participation of members of
    the Pascua Yaqui Tribe to carry out subsection (a) of this section.
    (c) Report
      Not later than 2 years after the date on which funds are made
    available to carry out this section, the Secretary of the Interior
    shall submit a report to Congress that contains the results of each
    study conducted pursuant to subsection (a) of this section.
    (d) Authorization of appropriations
      There are authorized to be appropriated such sums as are
    necessary to carry out this section.

-SOURCE-
    (Pub. L. 95-375, Sec. 4, as added Pub. L. 103-357, Sec. 2, Oct. 14,
    1994, 108 Stat. 3418; amended Pub. L. 104-109, Sec. 4, Feb. 12,
    1996, 110 Stat. 764.)


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b). Pub. L. 104-109 substituted "Tribe" for
    "tribe".

-End-


-CITE-
    25 USC SUBCHAPTER LXXVIII - YSLETA DEL SUR PUEBLO:
           RESTORATION OF FEDERAL SUPERVISION              01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXVIII - YSLETA DEL SUR PUEBLO: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    SUBCHAPTER LXXVIII - YSLETA DEL SUR PUEBLO: RESTORATION OF FEDERAL
                                SUPERVISION

-End-



-CITE-
    25 USC Sec. 1300g                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXVIII - YSLETA DEL SUR PUEBLO: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 1300g. Definitions

-STATUTE-
      For purposes of this subchapter - 
        (1) the term "tribe" means the Ysleta del Sur Pueblo (as so
      designated by section 1300g-1 of this title);
        (2) the term "Secretary" means the Secretary of the Interior or
      his designated representative;
        (3) the term "reservation" means lands within El Paso and
      Hudspeth Counties, Texas - 
          (A) held by the tribe on August 18, 1987;
          (B) held in trust by the State or by the Texas Indian
        Commission for the benefit of the tribe on August 18, 1987;
          (C) held in trust for the benefit of the tribe by the
        Secretary under section 1300g-4(g)(2) of this title; and
          (D) subsequently acquired and held in trust by the Secretary
        for the benefit of the tribe.(!1)


        (4) the term "State" means the State of Texas;
        (5) the term "Tribal Council" means the governing body of the
      tribe as recognized by the Texas Indian Commission on August 18,
      1987, and such tribal council's successors; and
        (6) the term "Tiwa Indians Act" means the Act entitled "An Act
      relating to the Tiwa Indians of Texas." and approved April 12,
      1968 (82 Stat. 93).

-SOURCE-
    (Pub. L. 100-89, title I, Sec. 101, Aug. 18, 1987, 101 Stat. 666.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Tiwa Indians Act, referred to in par. (6), is Pub. L. 90-287,
    Apr. 12, 1968, 82 Stat. 93, which was not classified to the Code
    and was repealed by section 1300g-5 of this title.


-MISC1-
                                SHORT TITLE                            
      For short title of Pub. L. 100-89, which enacted this subchapter,
    subchapter XXXI-A of this chapter, and provisions set out as notes
    under section 731 of this title, as the "Ysleta del Sur Pueblo and
    Alabama and Coushatta Indian Tribes of Texas Restoration Act", see
    section 1 of Pub. L. 100-89, set out as a note under section 731 of
    this title.

                                REGULATIONS                            
      For provision authorizing the Secretary of the Interior or his
    designated representative to promulgate regulations as necessary to
    carry out provisions of this subchapter, see section 2 of Pub. L.
    100-89, set out as a note under section 731 of this title.

-FOOTNOTE-               

    (!1) So in original. The period probably should be a semicolon.


-End-



-CITE-
    25 USC Sec. 1300g-1                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXVIII - YSLETA DEL SUR PUEBLO: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 1300g-1. Redesignation of tribe

-STATUTE-
      The Indians designated as the Tiwa Indians of Ysleta, Texas, by
    the Tiwa Indians Act shall, on and after August 18, 1987, be known
    and designated as the Ysleta del Sur Pueblo. Any reference in any
    law, map, regulation, document, record, or other paper of the
    United States to the Tiwa Indians of Ysleta, Texas, shall be deemed
    to be a reference to the Ysleta del Sur Pueblo.

-SOURCE-
    (Pub. L. 100-89, title I, Sec. 102, Aug. 18, 1987, 101 Stat. 666.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Tiwa Indians Act, referred to in text, is Pub. L. 90-287,
    Apr. 12, 1968, 82 Stat. 93, which was not classified to the Code
    and was repealed by section 1300g-5 of this title.

-End-



-CITE-
    25 USC Sec. 1300g-2                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXVIII - YSLETA DEL SUR PUEBLO: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 1300g-2. Restoration of Federal trust relationship; Federal
      services and assistance

-STATUTE-
    (a) Federal trust relationship
      The Federal trust relationship between the United States and the
    tribe is hereby restored. The Act of June 18, 1934 (48 Stat. 984),
    as amended [25 U.S.C. 461 et seq.], and all laws and rules of law
    of the United States of general application to Indians, to nations,
    tribes, or bands of Indians, or to Indian reservations which are
    not inconsistent with any specific provision contained in this
    subchapter shall apply to the members of the tribe, the tribe, and
    the reservation.
    (b) Restoration of rights and privileges
      All rights and privileges of the tribe and members of the tribe
    under any Federal treaty, statute, Executive order, agreement, or
    under any other authority of the United States which may have been
    diminished or lost under the Tiwa Indians Act are hereby restored.
    (c) Federal services and benefits
      Notwithstanding any other provision of law, the tribe and the
    members of the tribe shall be eligible, on and after August 18,
    1987, for all benefits and services furnished to federally
    recognized Indian tribes.
    (d) Effect on property rights and other obligations
      Except as otherwise specifically provided in this subchapter, the
    enactment of this subchapter shall not affect any property right or
    obligation or any contractual right or obligation in existence
    before August 18, 1987, or any obligation for taxes levied before
    August 18, 1987.

-SOURCE-
    (Pub. L. 100-89, title I, Sec. 103, Aug. 18, 1987, 101 Stat. 667.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, referred to in subsec. (a), popularly known
    as the Indian Reorganization Act, is classified generally to
    subchapter V (Sec. 461 et seq.) of this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of this title and Tables.
      The Tiwa Indians Act, referred to in subsec. (b), is Pub. L. 90-
    287, Apr. 12, 1968, 82 Stat. 93, which was not classified to the
    Code and was repealed by section 1300g-5 of this title.

-End-



-CITE-
    25 USC Sec. 1300g-3                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXVIII - YSLETA DEL SUR PUEBLO: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 1300g-3. State and tribal authority

-STATUTE-
    (a) State authority
      Nothing in this Act shall affect the power of the State of Texas
    to enact special legislation benefiting the tribe, and the State is
    authorized to perform any services benefiting the tribe that are
    not inconsistent with the provisions of this Act.
    (b) Tribal authority
      The Tribal Council shall represent the tribe and its members in
    the implementation of this subchapter and shall have full authority
    and capacity - 
        (1) to enter into contracts, grant agreements, and other
      arrangements with any Federal department or agency, and
        (2) to administer or operate any program or activity under or
      in connection with any such contract, agreement, or arrangement,
      to enter into subcontracts or award grants to provide for the
      administration of any such program or activity, or to conduct any
      other activity under or in connection with any such contract,
      agreement, or arrangement.

-SOURCE-
    (Pub. L. 100-89, title I, Sec. 104, Aug. 18, 1987, 101 Stat. 667.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (a), is Pub. L. 100-89, Aug. 18,
    1987, 101 Stat. 666, known as the Ysleta del Sur Pueblo and Alabama
    and Coushatta Indian Tribes of Texas Restoration Act, which enacted
    this subchapter and subchapter XXXI-A (Sec. 731 et seq.) of this
    chapter and enacted provisions set out as notes under section 731
    of this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 731 of this title and
    Tables.

-End-



-CITE-
    25 USC Sec. 1300g-4                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXVIII - YSLETA DEL SUR PUEBLO: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 1300g-4. Provisions relating to tribal reservation

-STATUTE-
    (a) Federal reservation established
      The reservation is hereby declared to be a Federal Indian
    reservation for the use and benefit of the tribe without regard to
    whether legal title to such lands is held in trust by the
    Secretary.
    (b) Conveyance of land by State
      The Secretary shall - 
        (1) accept any offer from the State to convey title to any land
      within the reservation held in trust on August 18, 1987, by the
      State or by the Texas Indian Commission for the benefit of the
      tribe to the Secretary, and
        (2) hold such title, upon conveyance by the State, in trust for
      the benefit of the tribe.
    (c) Conveyance of land by tribe
      At the written request of the Tribal Council, the Secretary shall
    - 
        (1) accept conveyance by the tribe of title to any land within
      the reservation held by the tribe on August 18, 1987, to the
      Secretary, and
        (2) hold such title, upon such conveyance by the tribe, in
      trust for the benefit of the tribe.
    (d) Approval of deed by Attorney General
      Notwithstanding any other provision of law or regulation, the
    Attorney General of the United States shall approve any deed or
    other instrument which conveys title to land within El Paso or
    Hudspeth Counties, Texas, to the United States to be held in trust
    by the Secretary for the benefit of the tribe.
    (e) Permanent improvements authorized
      Notwithstanding any other provision of law or rule of law, the
    Secretary or the tribe may erect permanent improvements,
    improvements of substantial value, or any other improvement
    authorized by law on the reservation without regard to whether
    legal title to such lands has been conveyed to the Secretary by the
    State or the tribe.
    (f) Civil and criminal jurisdiction within reservation
      The State shall exercise civil and criminal jurisdiction within
    the boundaries of the reservation as if such State had assumed such
    jurisdiction with the consent of the tribe under sections 1321 and
    1322 of this title.
    (g) Acquisition of land by tribe after August 18, 1987
      (1) Notwithstanding any other provision of law, the Tribal
    Council may, on behalf of the tribe - 
        (A) acquire land located within El Paso County, or Hudspeth
      County, Texas, after August 18, 1987, and take title to such land
      in fee simple, and
        (B) lease, sell, or otherwise dispose of such land in the same
      manner in which a private person may do so under the laws of the
      State.

      (2) At the written request of the Tribal Council, the Secretary
    may - 
        (A) accept conveyance to the Secretary by the Tribal Council
      (on behalf of the tribe) of title to any land located within El
      Paso County, or Hudspeth County, Texas, that is acquired by the
      Tribal Council in fee simple after August 18, 1987, and
        (B) hold such title, upon such conveyance by the Tribal
      Council, in trust for the benefit of the tribe.

-SOURCE-
    (Pub. L. 100-89, title I, Sec. 105, Aug. 18, 1987, 101 Stat. 667.)

-End-



-CITE-
    25 USC Sec. 1300g-5                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXVIII - YSLETA DEL SUR PUEBLO: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 1300g-5. Tiwa Indians Act repealed

-STATUTE-
      The Tiwa Indians Act is hereby repealed.

-SOURCE-
    (Pub. L. 100-89, title I, Sec. 106, Aug. 18, 1987, 101 Stat. 668.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Tiwa Indians Act, referred to in text, is Pub. L. 90-287,
    Apr. 12, 1968, 82 Stat. 93, which was not classified to the Code.

-End-



-CITE-
    25 USC Sec. 1300g-6                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXVIII - YSLETA DEL SUR PUEBLO: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 1300g-6. Gaming activities

-STATUTE-
    (a) In general
      All gaming activities which are prohibited by the laws of the
    State of Texas are hereby prohibited on the reservation and on
    lands of the tribe. Any violation of the prohibition provided in
    this subsection shall be subject to the same civil and criminal
    penalties that are provided by the laws of the State of Texas. The
    provisions of this subsection are enacted in accordance with the
    tribe's request in Tribal Resolution No. T.C.-02-86 which was
    approved and certified on March 12, 1986.
    (b) No State regulatory jurisdiction
      Nothing in this section shall be construed as a grant of civil or
    criminal regulatory jurisdiction to the State of Texas.
    (c) Jurisdiction over enforcement against members
      Notwithstanding section 1300g-4(f) of this title, the courts of
    the United States shall have exclusive jurisdiction over any
    offense in violation of subsection (a) of this section that is
    committed by the tribe, or by any member of the tribe, on the
    reservation or on lands of the tribe. However, nothing in this
    section shall be construed as precluding the State of Texas from
    bringing an action in the courts of the United States to enjoin
    violations of the provisions of this section.

-SOURCE-
    (Pub. L. 100-89, title I, Sec. 107, Aug. 18, 1987, 101 Stat. 668.)

-End-



-CITE-
    25 USC Sec. 1300g-7                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXVIII - YSLETA DEL SUR PUEBLO: RESTORATION OF FEDERAL
           SUPERVISION                                   

-HEAD-
    Sec. 1300g-7. Tribal membership

-STATUTE-
    (a) In general
      The membership of the tribe shall consist of - 
        (1) the individuals listed on the Tribal Membership Roll
      approved by the tribe's Resolution No. TC-5-84 approved December
      18, 1984, and approved by the Texas Indian Commission's
      Resolution No. TIC-85-005 adopted on January 16, 1985; and
        (2) a descendant of an individual listed on that Roll if the
      descendant - 
          (i) has  1/8  degree or more of Tigua-Ysleta del Sur Pueblo
        Indian blood, and
          (ii) is enrolled by the tribe.
    (b) Removal from tribal roll
      Notwithstanding subsection (a) of this section - 
        (1) the tribe may remove an individual from tribal membership
      if it determines that the individual's enrollment was improper;
      and
        (2) the Secretary, in consultation with the tribe, may review
      the Tribal Membership Roll.

-SOURCE-
    (Pub. L. 100-89, title I, Sec. 108, Aug. 18, 1987, 101 Stat. 669.)

-End-


-CITE-
    25 USC SUBCHAPTER LXXIX - LAC VIEUX DESERT BAND OF LAKE
           SUPERIOR CHIPPEWA INDIANS                       01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXIX - LAC VIEUX DESERT BAND OF LAKE SUPERIOR CHIPPEWA
           INDIANS                                       

-HEAD-
    SUBCHAPTER LXXIX - LAC VIEUX DESERT BAND OF LAKE SUPERIOR CHIPPEWA
                                  INDIANS

-End-



-CITE-
    25 USC Sec. 1300h                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXIX - LAC VIEUX DESERT BAND OF LAKE SUPERIOR CHIPPEWA
           INDIANS                                       

-HEAD-
    Sec. 1300h. Congressional findings

-STATUTE-
      Congress finds that - 
        (1) the Lac Vieux Desert Band of Lake Superior Chippewa
      Indians, although currently recognized by the Federal Government
      as part of the Keweenaw Bay Indian Community, has historically
      existed, and continues to exist, as a separate and distinct
      Indian tribe that is located over 75 miles from the Keweenaw Bay
      Indian Community;
        (2) the Lac Vieux Desert Band consists of approximately 250
      members who continue to reside close to their ancestral homeland
      near the town of Watersmeet, Michigan;
        (3) the Lac Vieux Desert Band entered into two treaties with
      the United States as a distinct tribal entity (7 Stat. 591, 10
      Stat. 1109);
        (4) members of the Lac Vieux Desert Band currently reside on or
      otherwise occupy lands within the Township of Watersmeet,
      Michigan, which are held by the United States in trust for the
      Keweenaw Bay Indian Community, and currently receive limited
      Federal benefits through the Keweenaw Bay Indian Community; and
        (5) because of its distance from Keweenaw Bay and the failure
      of the United States to recognize the independent status of the
      tribe, the Lac Vieux Desert Band and its members receive only
      limited benefits to which the tribe and its members are entitled.

-SOURCE-
    (Pub. L. 100-420, Sec. 2, Sept. 8, 1988, 102 Stat. 1577.)


-MISC1-
                                SHORT TITLE                            
      Section 1 of Pub. L. 100-420 provided that: "This Act [enacting
    this subchapter] may be cited as the 'Lac Vieux Desert Band of Lake
    Superior Chippewa Indians Act'."

-End-



-CITE-
    25 USC Sec. 1300h-1                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXIX - LAC VIEUX DESERT BAND OF LAKE SUPERIOR CHIPPEWA
           INDIANS                                       

-HEAD-
    Sec. 1300h-1. Definitions

-STATUTE-
      For purposes of this subchapter - 
        (1) the term "Band" means the Lac Vieux Desert Band of Lake
      Superior Chippewa Indians;
        (2) the term "member" means those individuals eligible for
      enrollment under section 1300h-3 of this title in the Band; and
        (3) the term "Secretary" means the Secretary of the Interior.

-SOURCE-
    (Pub. L. 100-420, Sec. 3, Sept. 8, 1988, 102 Stat. 1577.)

-End-



-CITE-
    25 USC Sec. 1300h-2                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXIX - LAC VIEUX DESERT BAND OF LAKE SUPERIOR CHIPPEWA
           INDIANS                                       

-HEAD-
    Sec. 1300h-2. Federal trust relationship

-STATUTE-
      (a) The Federal recognition of the Band and the trust
    relationship between the United States and the Band is hereby
    reaffirmed. The Act of June 18, 1934 (48 Stat. 984), as amended [25
    U.S.C. 461 et seq.], and all laws and rules of law of the United
    States of general application to Indians, Indian tribes, or Indian
    reservations which are not inconsistent with this subchapter shall
    apply to the members of the Band, and the reservation. The Band is
    hereby recognized as an independent tribal entity, separate from
    the Keweenaw Bay Indian Community or any other tribe.
      (b) The Band and its members are eligible for all special
    programs and services provided by the United States to Indians
    because of their status as Indians.

-SOURCE-
    (Pub. L. 100-420, Sec. 4, Sept. 8, 1988, 102 Stat. 1577.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, referred to in subsec. (a), popularly known
    as the Indian Reorganization Act, is classified generally to
    subchapter V (Sec. 461 et seq.) of this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of this title and Tables.

-End-



-CITE-
    25 USC Sec. 1300h-3                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXIX - LAC VIEUX DESERT BAND OF LAKE SUPERIOR CHIPPEWA
           INDIANS                                       

-HEAD-
    Sec. 1300h-3. Establishment of a Band roll

-STATUTE-
    (a) Submission of membership roll
      Within six months after September 8, 1988, the Band shall submit
    to the Secretary, for approval, its base membership roll which
    shall include only individuals who are not members of any other
    federally recognized Indian tribe or who have relinquished
    membership in such tribe and who are eligible for membership under
    subsection (b) of this section.
    (b) Eligibility
      An individual is eligible for inclusion on the base membership
    roll in the Band if that individual - 
        (1) is on the tribal membership roll as maintained by the Band
      prior to September 8, 1988, and is on file with the Bureau of
      Indian Affairs as of September 8, 1988; or
        (2) is at least one-quarter Chippewa Indian blood and is a
      person or a descendant of a person who was listed, or could have
      been listed, on any of the census of the Lac Vieux Desert Band
      prepared by the Superintendent of the MacKinaw Agency prior to
      1928 or by the Superintendent of the Great Lakes agency on or
      prior to 1940.
    (c) Maintenance of roll
      The Band shall ensure that the roll, once completed and approved,
    is maintained and kept current.
    (d) Future eligibility
      (1) Notwithstanding paragraph (b) of section 1300h-4 of this
    title and except as provided in paragraph (2), future membership in
    the tribe shall be limited to descendants of individuals whose
    names appear on the base roll and who have at least one-quarter
    Chippewa blood quantum.
      (2) The Band may modify such quarter Chippewa blood quantum
    requirement and base roll if such modifications are adopted in the
    tribal election as prescribed under paragraph (a) of section 1300h-
    4 of this title or in a referendum by a majority of the voters and
    approved by the Secretary of the Interior. The Secretary shall
    approve such new membership requirements once adopted by the tribal
    voters unless he finds that the proposed amendment is contrary to
    Federal law.

-SOURCE-
    (Pub. L. 100-420, Sec. 5, Sept. 8, 1988, 102 Stat. 1578; Pub. L.
    104-109, Sec. 18, Feb. 12, 1996, 110 Stat. 766.)


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (d)(2). Pub. L. 104-109 substituted "requirement
    and base roll if such modifications are" for "requirement if such
    modification is".

-End-



-CITE-
    25 USC Sec. 1300h-4                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXIX - LAC VIEUX DESERT BAND OF LAKE SUPERIOR CHIPPEWA
           INDIANS                                       

-HEAD-
    Sec. 1300h-4. Organization of tribe; constitution and governing
      body

-STATUTE-
    (a) Governing document
      Within one year following September 8, 1988, the Band's governing
    body shall propose a governing document, and the Secretary shall
    conduct, pursuant to section 476 of this title, and in accordance
    with applicable rules and regulations, an election as to the
    adoption of the proposed document. The Secretary shall approve the
    governing document if approved by a majority of the tribal voters
    unless the Secretary finds that the proposed constitution, or any
    provision thereof, is contrary to Federal law.
    (b) Interim governing document
      Until the Band adopts and the Secretary approves a governing
    document, the Band's interim governing document shall be the Lac
    Vieux Desert Constitution which bears the approval date of June 18,
    1986, and a copy of which is in the files of the Division of Tribal
    Government Services, Bureau of Indian Affairs, Washington, District
    of Columbia.
    (c) Interim governing body
      Until the Band elects a new governing body pursuant to the new
    governing document, the Band's governing body shall consist of its
    current Band officers, elected at the Band's election held on
    November 5, 1986, or any new officers selected under election
    procedures of the interim governing document identified under
    subsection (b) of this section.

-SOURCE-
    (Pub. L. 100-420, Sec. 6, Sept. 8, 1988, 102 Stat. 1578.)

-End-



-CITE-
    25 USC Sec. 1300h-5                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXIX - LAC VIEUX DESERT BAND OF LAKE SUPERIOR CHIPPEWA
           INDIANS                                       

-HEAD-
    Sec. 1300h-5. Land acquisition; establishment of Federal
      reservation

-STATUTE-
      (a) The Keweenaw Bay Indian Community is hereby authorized to
    convey, by deed to the United States in trust for the Band, all
    lands located in Gogebic County, Michigan, which, on September 8,
    1988, are held in trust by the United States for the benefit of
    said community. The Secretary is hereby authorized and directed to
    approve and accept the deed with the expressed consent of the
    Keweenaw Bay Indian Community and the Band. Upon acceptance of the
    deed, all lands described therein shall constitute the reservation
    of the Band.
      (b) The Secretary may place such other land into trust for the
    benefit of the Band pursuant to the provisions of the Act of June
    18, 1934 (48 Stat. 84) [25 U.S.C. 461 et seq.], or any other Act:
    Provided, That any such land placed in trust which is located in
    Gogebic County, shall become part of the reservation.

-SOURCE-
    (Pub. L. 100-420, Sec. 7, Sept. 8, 1988, 102 Stat. 1579.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, referred to in subsec. (b), popularly known
    as the Indian Reorganization Act, is classified generally to
    subchapter V (Sec. 461 et seq.) of this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of this title and Tables.

-End-



-CITE-
    25 USC Sec. 1300h-6                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXIX - LAC VIEUX DESERT BAND OF LAKE SUPERIOR CHIPPEWA
           INDIANS                                       

-HEAD-
    Sec. 1300h-6. Distribution of funds

-STATUTE-
      (a) For the purpose of proceeding with the per capita
    distribution of the funds appropriated and subsequently apportioned
    to the Keweenaw Bay Indian Community in satisfaction of judgments
    awarded the Lake Superior Chippewas and Mississippi Chippewas in
    dockets numbered 18-C, 18-T, 18-S, and 18-U of the Indian Claims
    Commission, the Secretary of the Interior shall accept the tribe's
    certification of enrolled membership.
      (b) Individuals who are or become members of the Lac Vieux Desert
    Band and who are eligible for per capita shares out of funds
    apportioned to the Keweenaw Bay Indian Community or Sokaogan
    Chippewa Community shall continue to be eligible for such per
    capita payments notwithstanding their relinquishment of their
    enrollment in either community pursuant to section 1300h-3 of this
    title.

-SOURCE-
    (Pub. L. 100-420, Sec. 8, Sept. 8, 1988, 102 Stat. 1579.)

-End-



-CITE-
    25 USC Sec. 1300h-7                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXIX - LAC VIEUX DESERT BAND OF LAKE SUPERIOR CHIPPEWA
           INDIANS                                       

-HEAD-
    Sec. 1300h-7. Constitutional amendment

-STATUTE-
      (a) Notwithstanding any other law or provision in the
    constitution of the Keweenaw Bay Indian Community, the Secretary
    shall call an election within 90 days of receipt of a resolution of
    the Keweenaw Bay Tribal Council requesting an election for the
    purpose of amending provisions of the constitution of the Keweenaw
    Bay Indian Community.
      (b) The Secretary shall accept as voters eligible to vote on any
    amendments to the constitution of the Keweenaw Bay Indian Community
    - 
        (1) all those persons who were deemed eligible by the Keweenaw
      Bay Indian Community to vote in the most recent election for the
      Tribal Council, and
        (2) any other person certified by the Keweenaw Bay Indian
      Community Tribal Council as - 
          (A) a member of the Keweenaw Bay Indian Community, and
          (B) eligible to vote in any election for the Tribal Council.

-SOURCE-
    (Pub. L. 100-420, Sec. 9, Sept. 8, 1988, 102 Stat. 1579; Pub. L.
    101-301, Sec. 7, May 24, 1990, 104 Stat. 210.)


-MISC1-
                                AMENDMENTS                            
      1990 - Pub. L. 101-301 designated existing provisions as subsec.
    (a) and added subsec. (b).

-End-



-CITE-
    25 USC Sec. 1300h-8                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXIX - LAC VIEUX DESERT BAND OF LAKE SUPERIOR CHIPPEWA
           INDIANS                                       

-HEAD-
    Sec. 1300h-8. Compliance with Budget Act

-STATUTE-
      Notwithstanding any other provision of this subchapter, any
    spending authority provided under this subchapter shall be
    effective for any fiscal year only to such extent or in such
    amounts as are provided in advance in appropriation Acts. For
    purposes of this subchapter, the term "spending authority" has the
    meaning provided in section 651(c)(2) (!1) of title 2.


-SOURCE-
    (Pub. L. 100-420, Sec. 10, Sept. 8, 1988, 102 Stat. 1579.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 651 of title 2, referred to in text, was amended by Pub.
    L. 105-33, title X, Sec. 10116(a)(3), (5), Aug. 5, 1997, 111 Stat.
    691, by striking out subsec. (c) and redesignating former subsec.
    (d) as (c).

-FOOTNOTE-
    (!1) See References in Text note below.


-End-


-CITE-
    25 USC SUBCHAPTER LXXX - HOOPA-YUROK SETTLEMENT             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXX - HOOPA-YUROK SETTLEMENT

-HEAD-
                 SUBCHAPTER LXXX - HOOPA-YUROK SETTLEMENT             

-End-



-CITE-
    25 USC Sec. 1300i                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXX - HOOPA-YUROK SETTLEMENT

-HEAD-
    Sec. 1300i. Short title and definitions

-STATUTE-
    (a) Short title
      This subchapter may be cited as the "Hoopa-Yurok Settlement Act".
    (b) Definitions
      For the purposes of this subchapter, the term - 
        (1) "Escrow funds" means the moneys derived from the joint
      reservation which are held in trust by the Secretary in the
      accounts entitled - 
          (A) "Proceeds of Labor-Hoopa Valley Indians-California 70
        percent Fund, account number J52-561-7197";
          (B) "Proceeds of Labor-Hoopa Valley Indians-California 30
        percent Fund, account number J52-561-7236";
          (C) "Proceeds of Klamath River Reservation, California,
        account number J52-562-7056";
          (D) "Proceeds of Labor-Yurok Indians of Lower Klamath River,
        California, account number J52-562-7153";
          (E) "Proceeds of Labor-Yurok Indians of Upper Klamath River,
        California, account number J52-562-7154";
          (F) "Proceeds of Labor-Hoopa Reservation for Hoopa Valley and
        Yurok Tribes, account number J52-575-7256"; and
          (G) "Klamath River Fisheries, account number 5628000001";

        (2) "Hoopa Indian blood" means that degree of ancestry derived
      from an Indian of the Hunstang, Hupa, Miskut, Redwood, Saiaz,
      Sermalton, Tish-Tang-Atan, South Fork, or Grouse Creek Bands of
      Indians;
        (3) "Hoopa Valley Reservation" means the reservation described
      in section 1300i-1(b) of this title;
        (4) "Hoopa Valley Tribe" means the Hoopa Valley Tribe,
      organized under the constitution and amendments approved by the
      Secretary on November 20, 1933, September 4, 1952, August 9,
      1963, and August 18, 1972;
        (5) "Indian of the Reservation" shall mean any person who meets
      the criteria to qualify as an Indian of the Reservation as
      established by the United States Court of Claims in its March 31,
      1982, May 17, 1987, and March 1, 1988, decisions in the case of
      Jesse Short et al. v. United States, (Cl. Ct. No. 102-63);
        (6) "Joint reservation" means the area of land defined as the
      Hoopa Valley Reservation in section 1300i-1(b) of this title and
      the Yurok Reservation in section 1300i-1(c) of this title.(!1)

        (7) "Karuk Tribe" means the Karuk Tribe of California,
      organized under its constitution on April 6, 1985;
        (8) "Secretary" means the Secretary of the Interior;
        (9) "Settlement Fund" means the Hoopa-Yurok Settlement Fund
      established pursuant to section 1300i-3 of this title;
        (10) "Settlement Roll" means the final roll prepared and
      published in the Federal Register by the Secretary pursuant to
      section 1300i-4 of this title;
        (11) "Short cases" means the cases entitled Jesse Short et al.
      v. United States, (Cl. Ct. No. 102-63); Charlene Ackley v. United
      States, (Cl. Ct. No. 460-78); Bret Aanstadt v. United States,
      (Cl. Ct. No. 146-85L); and Norman Giffen v. United States, (Cl.
      Ct. No. 746-85L);
        (12) "Short plaintiffs" means named plaintiffs in the Short
      cases;
        (13) "trust land" means an interest in land the title to which
      is held in trust by the United States for an Indian or Indian
      tribe, or by an Indian or Indian tribe subject to a restriction
      by the United States against alienation;
        (14) "unallotted trust land, property, resources or rights"
      means those lands, property, resources, or rights reserved for
      Indian purposes which have not been allotted to individuals under
      an allotment Act;
        (15) "Yurok Reservation" means the reservation described in
      section 1300i-1(c) of this title; and
        (16) "Yurok Tribe" means the Indian tribe which is recognized
      and authorized to be organized pursuant to section 1300i-8 of
      this title.

-SOURCE-
    (Pub. L. 100-580, Sec. 1, Oct. 31, 1988, 102 Stat. 2924.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in subsecs. (a) and (b), was in the
    original "this Act", meaning Pub. L. 100-580, Oct. 31, 1988, 102
    Stat. 2924, which enacted this subchapter, amended section 407 of
    this title and section 460ss-3 of Title 16, Conservation, and
    enacted provisions set out as a note under section 460ss-3 of Title
    16. For complete classification of this Act to the Code, see
    Tables.

-FOOTNOTE-               

    (!1) So in original. The period probably should be a semicolon.


-End-



-CITE-
    25 USC Sec. 1300i-1                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXX - HOOPA-YUROK SETTLEMENT

-HEAD-
    Sec. 1300i-1. Reservations; partition and additions

-STATUTE-
    (a) Partition of the joint reservation
      (1) Effective with the publication in the Federal Register of the
    Hoopa tribal resolution as provided in paragraph (2), the joint
    reservation shall be partitioned as provided in subsections (b) and
    (c) of this section.
      (2)(A) The partition of the joint reservation as provided in this
    subsection, and the ratification and confirmation as provided by
    section 1300i-7 of this title, shall not become effective unless,
    within 60 days after October 31, 1988, the Hoopa Valley Tribe shall
    adopt, and transmit to the Secretary, a tribal resolution:
        (i) waiving any claim such tribe may have against the United
      States arising out of the provisions of this subchapter, and
        (ii) affirming tribal consent to the contribution of Hoopa
      Escrow monies to the Settlement Fund, and for their use as
      payments to the Yurok Tribe, and to individual Yuroks, as
      provided in this subchapter.

      (B) The Secretary, after determining the validity of the
    resolution transmitted pursuant to subparagraph (A), shall cause
    such resolution to be printed in the Federal Register.
    (b) Hoopa Valley Reservation
      Effective with the partition of the joint reservation as provided
    in subsection (a) of this section, the area of land known as the
    "square" (defined as the Hoopa Valley Reservation established under
    section 2 of the Act of April 8, 1864 (13 Stat. 40), the Executive
    Order of June 23, 1876, and Executive Order 1480 of February 17,
    1912) shall thereafter be recognized and established as the Hoopa
    Valley Reservation. The unallotted trust land and assets of the
    Hoopa Valley Reservation shall thereafter be held in trust by the
    United States for the benefit of the Hoopa Valley Tribe.
    (c) Yurok Reservation
      (1) Effective with the partition of the joint reservation as
    provided in subsection (a) of this section, the area of land known
    as the "extension" (defined as the reservation extension under the
    Executive Order of October 16, 1891, but excluding the Resighini
    Rancheria) shall thereafter be recognized and established as the
    Yurok Reservation. The unallotted trust land and assets of the
    Yurok Reservation shall thereafter be held in trust by the United
    States for the benefit of the Yurok Tribe.
      (2) Subject to all valid existing rights and subject to the
    adoption of a resolution of the Interim Council of the Yurok Tribe
    as provided in section 1300i-8(d)(2) of this title, all right,
    title, and interest of the United States - 
        (A) to all national forest system lands within the Yurok
      Reservation, and
        (B) to that portion of the Yurok Experimental Forest described
      as Township 14 N., Range 1 E., Section 28, Lot 6: that portion of
      Lot 6 east of U.S. Highway 101 and west of the Yurok Experimental
      Forest, comprising 14 acres more or less and including all
      permanent structures thereon, shall thereafter be held in trust
      by the United States for the benefit of the Yurok Tribe and shall
      be part of the Yurok Reservation.

      (3)(A) Pursuant to the authority of sections 465 and 467 of this
    title, the Secretary may acquire from willing sellers lands or
    interests in land, including rights-of-way for access to trust
    lands, for the Yurok Tribe or its members, and such lands may be
    declared to be part of the Yurok Reservation.
      (B) From amounts authorized to be appropriated by section 13 of
    this title, the Secretary shall use not less than $5,000,000 for
    the purpose of acquiring lands or interests in lands pursuant to
    subparagraph (A). No lands or interests in lands may be acquired
    outside the Yurok Reservation with such funds except lands adjacent
    to and contiguous with the Yurok Reservation or for purposes of
    exchange for lands within the reservation.
      (4) The - 
        (A) apportionment of funds to the Yurok Tribe as provided in
      sections 1300i-3 and 1300i-6 of this title;
        (B) the land transfers pursuant to paragraph (2);
        (C) the land acquisition authorities in paragraph (3); and
        (D) the organizational authorities of section 1300i-8 of this
      title shall not be effective unless and until the Interim Council
      of the Yurok Tribe has adopted a resolution waiving any claim
      such tribe may have against the United States arising out of the
      provisions of this subchapter.
    (d) Boundary clarifications or corrections
      (1) The boundary between the Hoopa Valley Reservation and the
    Yurok Reservation, after the partition of the joint reservation as
    provided in this section, shall be the line established by the
    Bissel-Smith survey.
      (2) Upon the partition of the joint reservation as provided in
    this section, the Secretary shall publish a description of the
    boundaries of the Hoopa Valley Reservation and Yurok Reservation in
    the Federal Register.
    (e) Management of the Yurok Reservation
      The Secretary shall be responsible for the management of the
    unallotted trust land and assets of the Yurok Reservation until
    such time as the Yurok Tribe has been organized pursuant to section
    1300i-8 of this title. Thereafter, those lands and assets shall be
    administered as tribal trust land and the Yurok reservation
    governed by the Yurok Tribe as other reservations are governed by
    the tribes of those reservations.
    (f) Criminal and civil jurisdiction
      The Hoopa Valley Reservation and Yurok Reservation shall be
    subject to section 1360 of title 28; (!1) section 1162 of title 18,
    and section 1323(a) of this title.


-SOURCE-
    (Pub. L. 100-580, Sec. 2, Oct. 31, 1988, 102 Stat. 2925.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 2 of the Act of April 8, 1864, referred to in subsec.
    (b), is section 2 of act Apr. 8, 1864, ch. 48, 13 Stat. 40, which
    was not classified to the Code.
      Executive Order of June 23, 1876, and Executive Order 1480 of
    February 17, 1912, referred to in subsec. (b), are not classified
    to the Code.
      Executive Order of October 16, 1891, referred to in subsec. (c),
    is not classified to the Code.


-MISC1-
            HOOPA VALLEY RESERVATION SOUTH BOUNDARY ADJUSTMENT        
      Pub. L. 105-79, Nov. 13, 1997, 111 Stat. 1527, as amended by Pub.
    L. 105-256, Sec. 6, Oct. 14, 1998, 112 Stat. 1897, provided that:

      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'Hoopa Valley Reservation South
    Boundary Adjustment Act'.

      "SEC. 2. TRANSFER OF LANDS WITHIN SIX RIVERS NATIONAL FOREST FOR
        HOOPA VALLEY TRIBE.
      "(a) Transfer. - All right, title, and interest in and to the
    lands described in subsection (b) shall hereafter be administered
    by the Secretary of the Interior and be held in trust by the United
    States for the Hoopa Valley Tribe. The lands are hereby declared
    part of the Hoopa Valley Reservation. Upon the inclusion of such
    lands in the Hoopa Valley Reservation, Forest Service system roads
    numbered 8N03 and 7N51 and the Trinity River access road which is a
    spur off road numbered 7N51, shall be Indian reservation roads, as
    defined in section 101(a) of title 23 of the United States Code.
      "(b) Lands Described. - The lands referred to in subsection (a)
    are those portions of Townships 7 North and 8 North, Ranges 5 East
    and 6 East, Humboldt Meridian, California, within a boundary
    beginning at a point on the current south boundary of the Hoopa
    Valley Indian Reservation, marked and identified as 'Post H.V.R.
    No. 8' on the Plat of the Hoopa Valley Indian Reservation prepared
    from a field survey conducted by C.T. Bissel, Augustus T. Smith,
    and C.A. Robinson, Deputy Surveyors, approved by the Surveyor
    General, H. Pratt, March 18, 1892, and extending from said point on
    a bearing of north 73 degrees 50 minutes east, until intersecting
    with a line beginning at a point marked as 'Post H.V.R. No. 3' on
    such survey and extending on a bearing of south 14 degrees 36
    minutes east, comprising 2,641 acres more or less.
      "(c) Boundary Adjustment. - The boundary of the Six Rivers
    National Forest in the State of California is hereby adjusted to
    exclude the lands to be held in trust for the benefit of the Hoopa
    Valley Tribe pursuant to this section.
      "(d) Survey. - The Secretary of the Interior, acting through the
    Bureau of Land Management, shall survey and monument that portion
    of the boundary of the Hoopa Valley Reservation established by the
    addition of the lands described in subsection (b).
      "(e) Settlement of Claims. - The transfer of lands to trust
    status under this section extinguishes the following claims by the
    Hoopa Valley Tribe:
        "(1) All claims on land now administered as part of the Six
      Rivers National Forest based on the allegation of error in
      establishing the boundaries of the Hoopa Valley Reservation, as
      those boundaries were configured before the date of the enactment
      of this Act [Nov. 13, 1997].
        "(2) All claims of failure to pay just compensation for a
      taking under the fifth amendment to the United States
      Constitution, if such claims are based on activities, occurring
      before the date of the enactment of this Act, related to the
      lands transferred to trust status under this section."

-FOOTNOTE-
    (!1) So in original. The semicolon probably should be a comma.


-End-



-CITE-
    25 USC Sec. 1300i-2                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXX - HOOPA-YUROK SETTLEMENT

-HEAD-
    Sec. 1300i-2. Preservation of Short cases

-STATUTE-
      Nothing in this subchapter shall affect, in any manner, the
    entitlement established under decisions of the United States Court
    of Federal Claims in the Short cases or any final judgment which
    may be rendered in those cases.

-SOURCE-
    (Pub. L. 100-580, Sec. 3, Oct. 31, 1988, 102 Stat. 2927; Pub. L.
    102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)


-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-572 substituted "United States Court of
    Federal Claims" for "United States Claims Court".

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
    911 of Pub. L. 102-572, set out as a note under section 171 of
    Title 28, Judiciary and Judicial Procedure.

-End-



-CITE-
    25 USC Sec. 1300i-3                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXX - HOOPA-YUROK SETTLEMENT

-HEAD-
    Sec. 1300i-3. Hoopa-Yurok Settlement Fund

-STATUTE-
    (a) Establishment
      (1) There is hereby established the Hoopa-Yurok Settlement Fund.
    Upon enactment of this subchapter, the Secretary shall cause all
    the funds in the escrow funds, together with all accrued income
    thereon, to be deposited into the Settlement Fund.
      (2) Until the distribution is made to the Hoopa Valley Tribe
    pursuant to section (!1) (c), the Secretary may distribute to the
    Hoopa Valley Tribe, pursuant to section 123c of this title, not to
    exceed $3,500,000 each fiscal year out of the income or principal
    of the Settlement Fund for tribal, non per capita purposes:
    Provided, however, That the Settlement Fund apportioned under
    subsections (c) and (d) of this section shall be calculated without
    regard to this subparagraph, but any amounts distributed under this
    subparagraph shall be deducted from the payment to the Hoopa Valley
    Tribe pursuant to subsection (c) of this section.

      (3) Until the distribution is made to the Yurok Tribe pursuant to
    section (!1) (d), the Secretary may, in addition to providing
    Federal funding, distribute to the Yurok Transition Team, pursuant
    to section 123c of this title, not to exceed $500,000 each fiscal
    year out of the income and principal of the Settlement Fund for
    tribal, non per capita purposes: Provided, however, That the
    Settlement Fund apportioned under subsections (c) and (d) of this
    section shall be calculated without regard to this subparagraph,
    but any amounts distributed under this subparagraph shall be
    deducted from the payment to the Yurok Tribe pursuant to subsection
    (d) of this section.
    (b) Distribution; investment
      The Secretary shall make distribution from the Settlement Fund as
    provided in this subchapter and, pending payments under section
    1300i-5 of this title and dissolution of the fund as provided in
    section 1300i-6 of this title, shall invest and administer such
    fund as Indian trust funds pursuant to section 162a of this title.
    (c) Hoopa Valley Tribe portion
      Effective with the publication of the option election date
    pursuant to section 1300i-5(a)(4) of this title, the Secretary
    shall immediately pay out of the Settlement Fund into a trust
    account for the benefit of the Hoopa Valley Tribe a percentage of
    the Settlement Fund which shall be determined by dividing the
    number of enrolled members of the Hoopa Valley Tribe as of the date
    of the promulgation of the Settlement Roll, including any persons
    enrolled pursuant to section 1300i-5 of this title, by the sum of
    the number of such enrolled Hoopa Valley tribal members and the
    number of persons on the Settlement Roll.
    (d) Yurok Tribe portion
      Effective with the publication of the option election date
    pursuant to section 1300i-5(a)(4) of this title, the Secretary
    shall pay out of the Settlement Fund into a trust account for the
    benefit of the Yurok Tribe a percentage of the Settlement Fund
    which shall be determined by dividing the number of persons on the
    Settlement Roll electing the Yurok Tribal Membership Option
    pursuant to section 1300i-5(c) of this title by the sum of the
    number of the enrolled Hoopa Valley tribal members established
    pursuant to subsection (c) of this section and the number of
    persons on the Settlement Roll, less any amount paid out of the
    Settlement Fund pursuant to section 1300i-5(c)(3) of this title.
    (e) Federal share
      There is hereby authorized to be appropriated the sum of
    $10,000,000 which shall be deposited into the Settlement Fund after
    the payments are made pursuant to subsections (c) and (d) of this
    section and section 1300i-5(c) of this title. The Settlement Fund,
    including the amount deposited pursuant to this subsection and all
    income earned subsequent to the payments made pursuant to
    subsections (c) and (d) of this section and section 1300i-5(c) of
    this title, shall be available to make the payments authorized by
    section 1300i-5(d) of this title.

-SOURCE-
    (Pub. L. 100-580, Sec. 4, Oct. 31, 1988, 102 Stat. 2927.)

-FOOTNOTE-
    (!1) So in original. Probably should be "subsection".


-End-



-CITE-
    25 USC Sec. 1300i-4                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXX - HOOPA-YUROK SETTLEMENT

-HEAD-
    Sec. 1300i-4. Hoopa-Yurok Settlement Roll

-STATUTE-
    (a) Preparation; eligibility criteria
      (1) The Secretary shall prepare a roll of all persons who can
    meet the criteria for eligibility as an Indian of the Reservation
    and - 
        (A) who were born on or prior to, and living upon, October 31,
      1988;
        (B) who are citizens of the United States; and
        (C) who were not, on August 8, 1988, enrolled members of the
      Hoopa Valley Tribe.

      (2) The Secretary's determination of eligibility under this
    subsection shall be final except that any Short plaintiff
    determined by the United States Court of Federal Claims to be an
    Indian of the Reservation shall be included on the Settlement Roll
    if they meet the other requirements of this subsection and any
    Short plaintiff determined by the United States Court of Federal
    Claims not to be an Indian of the Reservation shall not be eligible
    for inclusion on such roll. Children under age 10 on the date they
    applied for the Settlement Roll who have lived all their lives on
    the Joint Reservation or the Hoopa Valley or Yurok Reservations,
    and who otherwise meet the requirements of this section except they
    lack 10 years of Reservation residence, shall be included on the
    Settlement Roll.
    (b) Right to apply; notice
      Within thirty days after October 31, 1988, the Secretary shall
    give such notice of the right to apply for enrollment as provided
    in subsection (a) of this section as he deems reasonable except
    that such notice shall include, but shall not be limited to - 
        (1) actual notice by registered mail to every plaintiff in the
      Short cases at their last known address;
        (2) notice to the attorneys for such plaintiffs; and
        (3) publication in newspapers of general circulation in the
      vicinity of the Hoopa Valley Reservation and elsewhere in the
      State of California.

    Contemporaneous with providing the notice required by this
    subsection, the Secretary shall publish such notice in the Federal
    Register.
    (c) Application deadline
      The deadline for application pursuant to this section shall be
    established at one hundred and twenty days after the publication of
    the notice by the Secretary in the Federal Register as required by
    subsection (b) of this section.
    (d) Eligibility determination; final roll
      (1) The Secretary shall make determinations of eligibility of
    applicants under this section and publish in the Federal Register
    the final Settlement Roll of such persons one hundred and eighty
    days after the date established pursuant to subsection (c) of this
    section.
      (2) The Secretary shall develop such procedures and times as may
    be necessary for the consideration of appeals from applicants not
    included on the roll published pursuant to paragraph (1).
    Successful appellants shall be added to the Settlement Roll and
    shall be afforded the right to elect options as provided in section
    1300i-5 of this title, with any payments to be made to such
    successful appellants out of the remainder of the Settlement Fund
    after payments have been made pursuant to section 1300i-5(d) of
    this title and prior to division pursuant to section 1300i-6 of
    this title.
      (3) Persons added to the Settlement Roll pursuant to appeals
    under this subsection shall not be considered in the calculations
    made pursuant to section 1300i-3 of this title.
      (4) For the sole purpose of preparing the Settlement Roll under
    this section, the Yurok Transition Team and the Hoopa Valley
    Business Council may review applications, make recommendations
    which the Secretary shall accept unless conflicting or erroneous,
    and may appeal the Secretary's decisions concerning the Settlement
    Roll. Full disclosure of relevant records shall be made to the Team
    and to the Council notwithstanding any other provision of law.
    (e) Effect of exclusion from roll
      No person whose name is not included on the Settlement Roll shall
    have any interest in the tribal, communal, or unallotted land,
    property, resources, or rights within, or appertaining to, the
    Hoopa Valley Tribe, the Hoopa Valley Reservation, the Yurok Tribe,
    or the Yurok Reservation or in the Settlement Fund unless such
    person is subsequently enrolled in the Hoopa Valley Tribe or the
    Yurok Tribe under the membership criteria and ordinances of such
    tribes.

-SOURCE-
    (Pub. L. 100-580, Sec. 5, Oct. 31, 1988, 102 Stat. 2928; Pub. L.
    101-301, Sec. 9(1), (2), May 24, 1990, 104 Stat. 210; Pub. L. 102-
    572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)


-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (a)(2). Pub. L. 102-572 substituted "United States
    Court of Federal Claims" for "United States Claims Court" in two
    places.
      1990 - Subsec. (a)(2). Pub. L. 101-301, Sec. 9(1), inserted at
    end "Children under age 10 on the date they applied for the
    Settlement Roll who have lived all their lives on the Joint
    Reservation or the Hoopa Valley or Yurok Reservations, and who
    otherwise meet the requirements of this section except they lack 10
    years of Reservation residence, shall be included on the Settlement
    Roll."
      Subsec. (d)(4). Pub. L. 101-301, Sec. 9(2), added par. (4).

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
    911 of Pub. L. 102-572, set out as a note under section 171 of
    Title 28, Judiciary and Judicial Procedure.

-End-



-CITE-
    25 USC Sec. 1300i-5                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXX - HOOPA-YUROK SETTLEMENT

-HEAD-
    Sec. 1300i-5. Election of settlement options

-STATUTE-
    (a) Notice of settlement options
      (1) Within sixty days after the publication of the Settlement
    Roll as provided in section 1300i-4(d) of this title, the Secretary
    shall give notice by certified mail to each person eighteen years
    or older on such roll of their right to elect one of the settlement
    options provided in this section.
      (2) The notice shall be provided in easily understood language,
    but shall be as comprehensive as possible and shall provide an
    objective assessment of the advantages and disadvantages of each of
    the options offered. The notice shall also provide information
    about the counseling services which will be made available to
    inform individuals about the respective rights and benefits
    associated with each option presented under this section. It shall
    also clarify that on election the Lump Sum Payment option requires
    the completion of a sworn affidavit certifying that the individual
    has been provided with complete information about the effects of
    such an election.
      (3) With respect to minors on the Settlement Roll the notice
    shall state that minors shall be deemed to have elected the option
    of subsection (c) of this section, except that if the parent or
    guardian furnishes proof satisfactory to the Secretary that a minor
    is an enrolled member of a tribe that prohibits members from
    enrolling in other tribes, the parent or guardian shall make the
    election for such minor. A minor subject to the provisions of
    subsection (c) of this section shall, notwithstanding any other
    law, be deemed to be a child of a member of an Indian tribe
    regardless of the option elected pursuant to this subchapter by the
    minor's parent. With respect to minors on the Settlement Roll whose
    parent or guardian is not also on the roll, notice shall be given
    to the parent or guardian of such minor. The funds to which such
    minors are entitled shall be held in trust by the Secretary until
    the minor reaches age 18. The Secretary shall notify and provide
    payment to such person including all interest accrued.
      (4)(A) The notice shall also establish the date by which time the
    election of an option under this section must be made. The
    Secretary shall establish that date as the date which is one
    hundred and twenty days after the date of the publication in the
    Federal Register as required by section 1300i-4(d) of this title.
      (B) Any person on the Settlement Roll who has not made an
    election by the date established pursuant to subparagraph (A) shall
    be deemed to have elected the option provided in subsection (c) of
    this section.
    (b) Hoopa tribal membership option
      (1) Any person on the Settlement Roll, eighteen years or older,
    who can meet any of the enrollment criteria of the Hoopa Valley
    Tribe set out in the decision of the United States Court of Claims
    in its March 31, 1982, decision in the Short case (No. 102-63) as
    "Schedule A", "Schedule B", or "Schedule C" and who - 
        (A) maintained a residence on the Hoopa Valley Reservation on
      October 31, 1988;
        (B) had maintained a residence on the Hoopa Valley Reservation
      at any time within the five year period prior to October 31,
      1988; or
        (C) owns an interest in real property on the Hoopa Valley
      Reservation on October 31, 1988,

    may elect to be, and, upon such election, shall be entitled to be,
    enrolled as a full member of the Hoopa Valley Tribe.
      (2) Notwithstanding any provision of the constitution, ordinances
    or resolutions of the Hoopa Valley Tribe to the contrary, the
    Secretary shall cause any entitled person electing to be enrolled
    as a member of the Hoopa Valley Tribe to be so enrolled and such
    person shall thereafter be entitled to the same rights, benefits,
    and privileges as any other member of such tribe.
      (3) The Secretary shall determine the quantum of "Indian blood"
    or "Hoopa Indian blood", if any, of each person enrolled in the
    Hoopa Valley Tribe under this subsection pursuant to the criteria
    established in the March 31, 1982, decision of the United States
    Court of Claims in the case of Jesse Short et al. v. United States,
    (Cl. Ct. No. 102-63).
      (4) Any person making an election under this subsection shall no
    longer have any right or interest whatsoever in the tribal,
    communal, or unallotted land, property, resources, or rights
    within, or appertaining to, the Yurok Indian Reservation or the
    Yurok Tribe or in the Settlement Fund.
    (c) Yurok tribal membership option
      (1) Any person on the Settlement Roll may elect to become a
    member of the Yurok Tribe and shall be entitled to participate in
    the organization of such tribe as provided in section 1300i-8 of
    this title.
      (2) All persons making an election under this subsection shall
    form the base roll of the Yurok Tribe for purposes of organization
    pursuant to section 1300i-8 of this title and the Secretary shall
    determine the quantum of "Indian blood" if any pursuant to the
    criteria established in the March 31, 1982, decision of the United
    States Court of Claims in the case of Jesse Short et al. v. United
    States, (Cl. Ct. No. 102-63).
      (3) The Secretary, subject to the provisions of section 1407 of
    this title, shall pay to each person making an election under this
    subsection, $5,000 out of the Settlement Fund for those persons who
    are, on the date established pursuant to subsection (a)(4) of this
    section, below the age of 50 years, and $7,500 out of the
    Settlement Fund for those persons who are, on that date, age 50 or
    older.
      (4) Any person making an election under this subsection shall no
    longer have any right or interest whatsoever in the tribal,
    communal, or unallotted land, property, resources, or rights
    within, or appertaining to, the Hoopa Valley Reservation or the
    Hoopa Valley Tribe or, except to the extent authorized by paragraph
    (3), in the Settlement Fund. Any such person shall also be deemed
    to have granted to members of the Interim Council established under
    section 1300i-8 of this title an irrevocable proxy directing them
    to approve a proposed resolution waiving any claim the Yurok Tribe
    may have against the United States arising out of the provisions of
    this subchapter, and granting tribal consent as provided in section
    1300i-8(d)(2) of this title.
    (d) Lump sum payment option
      (1) Any person on the Settlement Roll may elect to receive a lump
    sum payment from the Settlement Fund and the Secretary shall pay to
    each such person the amount of $15,000 out of the Settlement Fund:
    Provided, That such individual completes a sworn affidavit
    certifying that he or she has been afforded the opportunity to
    participate in counseling which the Secretary, in consultation with
    the Hoopa Tribal Council or Yurok Transition Team, shall provide.
    Such counseling shall provide a comprehensive explanation of the
    effects of such election on the individual making such election,
    and on the tribal enrollment rights of that persons children and
    descendants who would otherwise be eligible for membership in
    either the Hoopa or Yurok Tribe.
      (2) The option to elect a lump sum payment under this section is
    provided solely as a mechanism to resolve the complex litigation
    and other special circumstances of the Hoopa Valley Reservation and
    the tribes of the reservation, and shall not be construed or
    treated as a precedent for any future legislation.
      (3) Any person making an election to receive, and having
    received, a lump sum payment under this subsection shall not
    thereafter have any interest or right whatsoever in the tribal,
    communal, or unallotted land, property, resources, or rights
    within, or appertaining to, the Hoopa Valley Reservation, the Hoopa
    Valley Tribe, the Yurok Reservation, or the Yurok Tribe or, except
    authorized by paragraph (1), in the Settlement Fund.

-SOURCE-
    (Pub. L. 100-580, Sec. 6, Oct. 31, 1988, 102 Stat. 2929.)

-End-



-CITE-
    25 USC Sec. 1300i-6                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXX - HOOPA-YUROK SETTLEMENT

-HEAD-
    Sec. 1300i-6. Division of Settlement Fund remainder

-STATUTE-
      (a) Any funds remaining in the Settlement Fund after the payments
    authorized to be made therefrom by subsections (c) and (d) of
    section 1300i-5 of this title and any payments made to successful
    appellants pursuant to section 1300i-4(d) of this title shall be
    paid to the Yurok Tribe and shall be held by the Secretary in trust
    for such tribe.
      (b) Funds divided pursuant to this section and any funds
    apportioned to the Hoopa Valley Tribe and the Yurok Tribe pursuant
    to subsections (c) and (d) of section 1300i-3 of this title shall
    not be distributed per capita to any individual before the date
    which is 10 years after the date on which the division is made
    under this section: Provided, however, That if the Hoopa Valley
    Business Council shall decide to do so it may distribute from the
    funds apportioned to it a per capita payment of $5,000 per member,
    pursuant to the Act of August 2, 1983 (25 U.S.C. 117a et seq.).

-SOURCE-
    (Pub. L. 100-580, Sec. 7, Oct. 31, 1988, 102 Stat. 2931.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of August 2, 1983, referred to in subsec. (b), is Pub. L. 98-
    64, Aug. 2, 1983, 97 Stat. 365, known as the "Per Capita Act",
    which enacted sections 117a to 117c of this title and repealed
    section 117 of this title. For complete classification of this Act
    to the Code, see Short Title note set out under section 117a of
    this title and Tables.

-End-



-CITE-
    25 USC Sec. 1300i-7                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXX - HOOPA-YUROK SETTLEMENT

-HEAD-
    Sec. 1300i-7. Hoopa Valley Tribe; confirmation of status

-STATUTE-
      The existing govening (!1) documents of the Hoopa Valley Tribe
    and the governing body established and elected thereunder, as
    heretofore recognized by the Secretary, are hereby ratified and
    confirmed.


-SOURCE-
    (Pub. L. 100-580, Sec. 8, Oct. 31, 1988, 102 Stat. 2932.)

-FOOTNOTE-
    (!1) So in original. Probably should be "governing".


-End-



-CITE-
    25 USC Sec. 1300i-8                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXX - HOOPA-YUROK SETTLEMENT

-HEAD-
    Sec. 1300i-8. Recognition and organization of the Yurok Tribe

-STATUTE-
    (a) Yurok Tribe
      (1) Those persons on the Settlement Roll who made a valid
    election pursuant to subsection (c) of section 1300i-5 of this
    title shall constitute the base membership roll for the Yurok Tribe
    whose status as an Indian tribe, subject to the adoption of the
    Interim Council resolution as required by subsection (d)(2) of this
    section, is hereby ratified and confirmed.
      (2) The Indian Reorganization Act of June 18, 1934 (48 Stat. 984;
    25 U.S.C. 461 et seq.), as amended, is hereby made applicable to
    the Yurok Tribe and the tribe may organize under such Act as
    provided in this section.
      (3) Within thirty days (30) after October 31, 1988, the
    Secretary, after consultation with the appropriate committees of
    Congress, shall appoint five (5) individuals who shall comprise the
    Yurok Transition Team which, pursuant to a budget approved by the
    Secretary, shall provide counseling and assistance, shall promote
    communication with potential members of the Yurok Tribe concerning
    the provisions of this subchapter, and shall study and investigate
    programs, resources, and facilities for consideration by the
    Interim Council. The Yurok Transition Team may receive grants and
    enter into contracts for the purpose of carrying out this section
    and section 1300i-9(a) of this title. Such grants and contracts
    shall be transferred to the Yurok Interim Council upon its
    organization. Any property acquired for or on behalf of the Yurok
    Transition Team shall be held in the name of the Yurok Tribe.
    (b) Interim Council; establishment
      There shall be established an Interim Council of the Yurok Tribe
    to be composed of five members. The Interim Council shall represent
    the Yurok Tribe in the implementation of provisions of this
    subchapter, including the organizational provisions of this
    section, and subject to subsection (d) of this section shall be the
    governing body of the tribe until such time as a tribal council is
    elected under a constitution adopted pursuant to subsection (e) of
    this section.
    (c) General council; election of Interim Council
      (1) Within 30 days after the date established pursuant to section
    1300i-5(a)(4) of this title, the Secretary shall prepare a list of
    all persons eighteen years of age or older who have elected the
    Yurok Tribal Membership Option pursuant to section 1300i-5(c) of
    this title, which persons shall constitute the eligible voters of
    the Yurok Tribe for the purposes of this section, and shall provide
    written notice to such persons of the date, time, purpose, and
    order of procedure for the general council meeting to be scheduled
    pursuant to paragraph (2) for the consideration of the nomination
    of candidates for election to the Interim Council.
      (2) Not earlier than 30 days before, nor later than 45 days
    after, the notice provided pursuant to paragraph (1), the Secretary
    shall convene a general council meeting of the eligible voters of
    the Yurok Tribe on or near the Yurok Reservation, to be conducted
    under such order of procedures as the Secretary determines
    appropriate, for the nomination of candidates for election of
    members of the Interim Council. No person shall be eligible for
    nomination who is not on the list prepared pursuant to this
    section.
      (3) Within 45 days after the general council meeting held
    pursuant to paragraph (2), the Secretary shall hold an election by
    secret ballot, with absentee balloting and write-in voting to be
    permitted, to elect the five members of the Interim Council from
    among the nominations submitted to him from such general council
    meeting. The Secretary shall assure that notice of the time and
    place of such election shall be provided to eligible voters at
    least fifteen days before such election.
      (4) The Secretary shall certify the results of such election and,
    as soon as possible, convene an organizational meeting of the newly-
    elected members of the Interim Council and shall provide such
    advice and assistance as may be necessary for such organization.
      (5) Vacancies on the Interim Council shall be filled by a vote of
    the remaining members.
    (d) Interim Council; authorities and dissolution
      (1) The Interim Council shall have no powers other than those
    given to it by this subchapter.
      (2) The Interim Council shall have full authority to adopt a
    resolution - 
        (i) waiving any claim the Yurok Tribe may have against the
      United States arising out of the provision of this subchapter,
      and
        (ii) affirming tribal consent to the contribution of Yurok
      Escrow monies to the Settlement Fund, and for their use as
      payments to the Hoopa Tribe, and to individual Hoopa members, as
      provided in this subchapter, and
        (iii) to receive grants from, and enter into contracts for,
      Federal programs, including those administered by the Secretary
      and the Secretary of Health and Human Services, with respect to
      Federal services and benefits for the tribe and its members.

      (3) The Interim Council shall have such other powers,
    authorities, functions, and responsibilities as the Secretary may
    recognize, except that any contract or legal obligation that would
    bind the Yurok Tribe for a period in excess of two years from the
    date of the certification of the election by the Secretary shall be
    subject to disapproval and cancellation by the Secretary if the
    Secretary determines that such a contract or legal obligation is
    unnecessary to improve housing conditions of members of the Yurok
    Tribe, or to obtain other rights, privileges or benefits that are
    in the long-term interest of the Yurok Tribe.
      (4) The Interim Council shall appoint, as soon as practical, a
    drafting committee which shall be responsible, in consultation with
    the Interim Council, the Secretary and members of the tribe, for
    the preparation of a draft constitution for submission to the
    Secretary pursuant to subsection (e) of this section.
      (5) The Interim Council shall be dissolved effective with the
    election and installation of the initial tribe (!1) governing body
    elected pursuant to the constitution adopted under subsection (e)
    of this section or at the end of two years after such installation,
    whichever occurs first.

    (e) Organization of Yurok Tribe
      Upon written request of the Interim Council or the drafting
    committee and the submission of a draft constitution as provided in
    paragraph (4) of subsection (d) of this section, the Secretary
    shall conduct an election, pursuant to the provisions of the Indian
    Reorganization Act of June 18, 1934 (25 U.S.C. 461 et seq.) and
    rules and regulations promulgated thereunder, for the adoption of
    such constitution and, working with the Interim Council, the
    election of the initial tribal governing body upon the adoption of
    such constitution.

-SOURCE-
    (Pub. L. 100-580, Sec. 9, Oct. 31, 1988, 102 Stat. 2932; Pub. L.
    101-121, title III, Sec. 315, Oct. 23, 1989, 103 Stat. 744; Pub. L.
    101-301, Sec. 9(3), May 24, 1990, 104 Stat. 211.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Reorganization Act, referred to in subsecs. (a)(2) and
    (e), is act June 18, 1934, ch. 576, 48 Stat. 984, as amended, which
    is classified generally to subchapter V (Sec. 461 et seq.) of this
    chapter. For complete classification of this Act to the Code, see
    Short Title note set out under section 461 of this title and
    Tables.


-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (a)(3). Pub. L. 101-301 substituted "counseling
    and assistance, shall" for "counseling,".
      1989 - Subsec. (a)(3). Pub. L. 101-121 inserted provisions
    authorizing the Yurok Transition Team to receive grants and enter
    into contracts for the purpose of carrying out this section and
    section 1300i-9(a) of this title and directing that such grants and
    contracts be transferred to the Yurok Interim Council upon its
    organization.

-FOOTNOTE-
    (!1) So in original. Probably should be "tribal".


-End-



-CITE-
    25 USC Sec. 1300i-9                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXX - HOOPA-YUROK SETTLEMENT

-HEAD-
    Sec. 1300i-9. Economic development

-STATUTE-
    (a) Plan for economic self-sufficiency
      The Secretary shall - 
        (1) enter into negotiations with the Yurok Transition Team and
      the Interim Council of the Yurok Tribe with respect to
      establishing a plan for economic development for the tribe; and
        (2) in accordance with this section and not later than two
      years after October 31, 1988, develop such a plan.(!1)

        (3) upon the approval of such plan by the Interim Council or
      tribal governing body (and after consultation with the State and
      local officials pursuant to subsection (b) of this section), the
      Secretary shall submit such plan to the Congress.
    (b) Consultation with State and local officials required
      To assure that legitimate State and local interests are not
    prejudiced by the proposed economic self-sufficiency plan, the
    Secretary shall notify and consult with the appropriate officials
    of the State and all appropriate local governmental officials in
    the State. The Secretary shall provide complete information on the
    proposed plan to such officials, including the restrictions on such
    proposed plan imposed by subsection (c) of this section. During any
    consultation by the Secretary under this subsection, the Secretary
    shall provide such information as the Secretary may possess, and
    shall request comments and additional information on the extent of
    any State or local service to the tribe.
    (c) Restrictions to be contained in plan
      Any plan developed by the Secretary under subsection (a) of this
    section shall provide that - 
        (1) any real property transferred by the tribe or any member to
      the Secretary shall be taken and held in the name of the United
      States for the benefit of the tribe;
        (2) any real property taken in trust by the Secretary pursuant
      to such plan shall be subject to - 
          (A) all legal rights and interests in such land existing at
        the time of the acquisition of such land by the Secretary,
        including any lien, mortgage, or previously levied and
        outstanding State or local tax;
          (B) foreclosure or sale in accordance with the laws of the
        State pursuant to the terms of any valid obligation in
        existence at the time of the acquisition of such land by the
        Secretary; and

        (3) any real property transferred pursuant to such plan shall
      be exempt from Federal, State, and local taxation of any kind.
    (d) Appendix to plan submitted to Congress
      The Secretary shall append to the plan submitted to the Congress
    under subsection (a) of this section a detailed statement - 
        (1) naming each individual and official consulted in accordance
      with subsection (b) of this section;
        (2) summarizing the testimony received by the Secretary
      pursuant to any such consultation; and
        (3) including any written comments or reports submitted to the
      Secretary by any party named in paragraph (1).

-SOURCE-
    (Pub. L. 100-580, Sec. 10, Oct. 31, 1988, 102 Stat. 2934.)

-FOOTNOTE-               

    (!1) So in original. The period probably should be "; and".


-End-



-CITE-
    25 USC Sec. 1300i-10                                        01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXX - HOOPA-YUROK SETTLEMENT

-HEAD-
    Sec. 1300i-10. Special considerations

-STATUTE-
    (a) Estate for Smokers family
      The 20 acre land assignment on the Hoopa Valley Reservation made
    by the Hoopa Area Field Office of the Bureau of Indian Affairs on
    August 25, 1947, to the Smokers family shall continue in effect and
    may pass by descent or devise to any blood relative or relatives of
    one-fourth or more Indian blood of those family members domiciled
    on the assignment on October 31, 1988.
    (b) Rancheria merger with Yurok Tribe
      If a majority of the adult members of any of the following
    Rancherias at Resighini, Trinidad, or Big Lagoon, vote to merge
    with the Yurok Tribe in an election which shall be conducted by the
    Secretary within ninety days after October 31, 1988, the tribes and
    reservations of those rancherias so voting shall be extinguished
    and the lands and members of such reservations shall be part of the
    Yurok Reservation with the unallotted trust land therein held in
    trust by the United States for the Yurok Tribe: Provided, however,
    That the existing governing documents and the elected governing
    bodies of any rancherias voting to merge shall continue in effect
    until the election of the Interim Council pursuant to section 1300i-
    8 of this title. The Secretary shall publish in the Federal
    Register a notice of the effective date of the merger.
    (c) Preservation of leasehold and assignment rights of rancheria
      residents
      Real property on any rancheria that merges with the Yurok
    Reservation pursuant to subsection (b) of this section that is, on
    October 31, 1988, held by any individual under a lease shall
    continue to be governed by the terms of the lease, and any land
    assignment existing on October 31, 1988, shall continue in effect
    and may pass by descent or devise to any blood relative or
    relatives of Indian blood of the assignee.

-SOURCE-
    (Pub. L. 100-580, Sec. 11, Oct. 31, 1988, 102 Stat. 2935.)

-End-



-CITE-
    25 USC Sec. 1300i-11                                        01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXX - HOOPA-YUROK SETTLEMENT

-HEAD-
    Sec. 1300i-11. Limitations of actions; waiver of claims

-STATUTE-
    (a) Claims against partition of joint reservation
      Any claim challenging the partition of the joint reservation
    pursuant to section 1300i-1 of this title or any other provision of
    this subchapter as having effected a taking under the fifth
    amendment of the United States Constitution or as otherwise having
    provided inadequate compensation shall be brought, pursuant to
    section 1491 or 1505 of title 28, in the United States Court of
    Federal Claims. The Yurok Transition Team, or any individual
    thereon, shall not be named as a defendant or otherwise joined in
    any suit in which a claim is made arising out of this subsection.
    (b) Limitations on claims
      (1) Any such claim by any person or entity, other than the Hoopa
    Valley Tribe or the Yurok Tribe, shall be forever barred if not
    brought within the later of 210 days from the date of the partition
    of the joint reservation as provided in section 1300i-1 of this
    title or 120 days after the publication in the Federal Register of
    the option election date as required by section 1300i-5(a)(4) of
    this title.
      (2) Any such claim by the Hoopa Valley Tribe shall be barred 180
    days after October 31, 1988, or such earlier date as may be
    established by the adoption of a resolution waiving such claims
    pursuant to section 1300i-1(a)(2) of this title.
      (3) Any such claim by the Yurok Tribe shall be barred 180 days
    after the general council meeting of the Yurok Tribe as provided in
    section 1300i-8 of this title or such earlier date as may be
    established by the adoption of a resolution waiving such claims as
    provided in section 1300i-8(d)(2) of this title.
    (c) Report to Congress
      (1) The Secretary shall prepare and submit to the Congress a
    report describing the final decision in any claim brought pursuant
    to subsection (b) of this section against the United States or its
    officers, agencies, or instrumentalities.
      (2) Such report shall be submitted no later than 180 days after
    the entry of final judgment in such litigation. The report shall
    include any recommendations of the Secretary for action by
    Congress, including, but not limited to, any supplemental funding
    proposals necessary to implement the terms of this subchapter and
    any modifications to the resource and management authorities
    established by this subchapter. Notwithstanding the provisions of
    section 2517 of title 28, any judgment entered against the United
    States shall not be paid for 180 days after the entry of judgment;
    and, if the Secretary of the Interior submits a report to Congress
    pursuant to this section, then payment shall be made no earlier
    than 120 days after submission of the report.

-SOURCE-
    (Pub. L. 100-580, Sec. 14, Oct. 31, 1988, 102 Stat. 2936; Pub. L.
    101-301, Sec. 9(4), May 24, 1990, 104 Stat. 211; Pub. L. 102-572,
    title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)


-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (a). Pub. L. 102-572 substituted "United States
    Court of Federal Claims" for "United States Claims Court".
      1990 - Subsec. (a). Pub. L. 101-301 inserted at end "The Yurok
    Transition Team, or any individual thereon, shall not be named as a
    defendant or otherwise joined in any suit in which a claim is made
    arising out of this subsection."

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
    911 of Pub. L. 102-572, set out as a note under section 171 of
    Title 28, Judiciary and Judicial Procedure.

-End-


-CITE-
    25 USC SUBCHAPTER LXXXI - POKAGON BAND OF POTAWATOMI
           INDIANS                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXI - POKAGON BAND OF POTAWATOMI INDIANS

-HEAD-
           SUBCHAPTER LXXXI - POKAGON BAND OF POTAWATOMI INDIANS       

-End-



-CITE-
    25 USC Sec. 1300j                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXI - POKAGON BAND OF POTAWATOMI INDIANS

-HEAD-
    Sec. 1300j. Findings

-STATUTE-
      The Congress finds the following:
        (1) The Pokagon Band of Potawatomi Indians is the descendant
      of, and political successor to, the signatories of the Treaty of
      Greenville 1795 (7 Stat. 49); the Treaty of Grouseland 1805 (7
      Stat. 91); the Treaty of Spring Wells 1815 (7 Stat. 131); the
      Treaty of the Rapids of the Miami of Lake Erie 1817 (7 Stat.
      160); the Treaty of St. Mary's 1818 (7 Stat. 185); the Treaty of
      Chicago 1821 (7 Stat. 218); the Treaty of the Mississinewa on the
      Wabash 1826 (7 Stat. 295); the Treaty of St. Joseph 1827 (7 Stat.
      305); the Treaty of St. Joseph 1828 (7 Stat. 317); the Treaty of
      Tippecanoe River 1832 (7 Stat. 399); and the Treaty of Chicago
      1833 (7 Stat. 431).
        (2) In the Treaty of Chicago 1833, the Pokagon Band of
      Potawatomi Indians was the only band that negotiated a right to
      remain in Michigan. The other Potawatomi bands relinquished all
      lands in Michigan and were required to move to Kansas or Iowa.
        (3) Two of the Potawatomi bands later returned to the Great
      Lakes area, the Forest County Potawatomi of Wisconsin and the
      Hannahville Indian Community of Michigan.
        (4) The Hannahville Indian Community of Michigan, the Forest
      County Potawatomi Community of Wisconsin, the Prairie Band of
      Potawatomi Indians of Kansas, and the Citizen Band Potawatomi
      Indian Tribe of Oklahoma, whose members are also descendants of
      the signatories to one or more of the aforementioned treaties,
      have been recognized by the Federal Government as Indian tribes
      eligible to receive services from the Secretary of the Interior.
        (5) Beginning in 1935, the Pokagon Band of Potawatomi Indians
      petitioned for reorganization and assistance pursuant to the Act
      of June 18, 1934 (25 U.S.C. 461 et seq., commonly referred to as
      the "Indian Reorganization Act"). Because of the financial
      condition of the Federal Government during the Great Depression
      it relied upon the State of Michigan to provide services to the
      Pokagon Band. Other Potawatomi bands, including the Forest County
      Potawatomi and the Hannahville Indian Community were provided
      services pursuant to the Indian Reorganization Act.
        (6) Agents of the Federal Government in 1939 made an
      administrative decision not to provide services or extend the
      benefits of the Indian Reorganization Act [25 U.S.C. 461 et seq.]
      to any Indian tribes in Michigan's lower peninsula.
        (7) Tribes elsewhere, including the Hannahville Indian
      Community in Michigan's upper peninsula, received services from
      the Federal Government and were extended the benefits of the
      Indian Reorganization Act [25 U.S.C. 461 et seq.].
        (8) The Pokagon Band of Potawatomi Indians consists of at least
      1,500 members who continue to reside close to their ancestral
      homeland in the St. Joseph River Valley in southwestern Michigan
      and northern Indiana.
        (9) In spite of the denial of the right to organize under the
      Indian Reorganization Act [25 U.S.C. 461 et seq.], the Pokagon
      Band has continued to carry out its governmental functions
      through a Business Committee and Tribal Council from treaty times
      until today.
        (10) The United States Government, the government of the State
      of Michigan, and local governments have had continuous dealings
      with the recognized political leaders of the Band from 1795 until
      the present.

-SOURCE-
    (Pub. L. 103-323, Sec. 1, Sept. 21, 1994, 108 Stat. 2152.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Reorganization Act, referred to in pars. (5) to (7)
    and (9), is act June 18, 1934, ch. 576, 48 Stat. 984, as amended,
    which is classified generally to subchapter V (Sec. 461 et seq.) of
    this chapter. For complete classification of this Act to the Code,
    see Short Title note set out under section 461 of this title and
    Tables.

-End-



-CITE-
    25 USC Sec. 1300j-1                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXI - POKAGON BAND OF POTAWATOMI INDIANS

-HEAD-
    Sec. 1300j-1. Federal recognition

-STATUTE-
      Federal recognition of the Pokagon Band of Potawatomi Indians is
    hereby affirmed. Except as otherwise provided in this subchapter,
    all Federal laws of general application to Indians and Indian
    tribes, including the Act of June 18, 1934 (25 U.S.C. 461 et seq.;
    commonly referred to as the "Indian Reorganization Act"), shall
    apply with respect to the Band and its members.

-SOURCE-
    (Pub. L. 103-323, Sec. 2, Sept. 21, 1994, 108 Stat. 2153.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Reorganization Act, referred to in text, is act June
    18, 1934, ch. 576, 48 Stat. 984, as amended, which is classified
    generally to subchapter V (Sec. 461 et seq.) of this chapter. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 461 of this title and Tables.

-End-



-CITE-
    25 USC Sec. 1300j-2                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXI - POKAGON BAND OF POTAWATOMI INDIANS

-HEAD-
    Sec. 1300j-2. Services

-STATUTE-
      Notwithstanding any other provision of law, the Band and its
    members shall be eligible, on and after September 21, 1994, for all
    Federal services and benefits furnished to federally recognized
    Indian tribes without regard to the existence of a reservation for
    the Band or the location of the residence of any member on or near
    an Indian reservation.

-SOURCE-
    (Pub. L. 103-323, Sec. 3, Sept. 21, 1994, 108 Stat. 2153.)

-End-



-CITE-
    25 USC Sec. 1300j-3                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXI - POKAGON BAND OF POTAWATOMI INDIANS

-HEAD-
    Sec. 1300j-3. Tribal membership

-STATUTE-
      Not later than 18 months after September 21, 1994, the Band shall
    submit to the Secretary membership rolls consisting of all
    individuals eligible for membership in such Band. The
    qualifications for inclusion on the membership rolls of the Band
    shall be determined by the membership clauses in the Band's
    governing documents, in consultation with the Secretary. Upon
    completion of the rolls, the Secretary shall immediately publish
    notice of such in the Federal Register. The Bands shall ensure that
    such rolls are maintained and kept current.

-SOURCE-
    (Pub. L. 103-323, Sec. 4, Sept. 21, 1994, 108 Stat. 2153.)

-End-



-CITE-
    25 USC Sec. 1300j-4                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXI - POKAGON BAND OF POTAWATOMI INDIANS

-HEAD-
    Sec. 1300j-4. Constitution and governing body

-STATUTE-
    (a) Constitution
      (1) Adoption
        Not later than 24 months after September 21, 1994, the
      Secretary shall conduct, by secret ballot and in accordance with
      the provisions of section 476 of this title, an election to adopt
      a constitution and bylaws for the Band.
      (2) Interim governing documents
        Until such time as a new constitution is adopted under
      paragraph (1), the governing documents in effect on September 21,
      1994, shall be the interim governing documents for the Band.
    (b) Officials
      (1) Election
        Not later than 6 months after the Band adopts a constitution
      and bylaws pursuant to subsection (a) of this section, the
      Secretary shall conduct elections by secret ballot for the
      purpose of electing officials for the Band as provided in the
      Band's constitution. The election shall be conducted according to
      the procedures described in subsection (a) of this section,
      except to the extent that such procedures conflict with the
      Band's constitution.
      (2) Interim government
        Until such time as the Band elects new officials pursuant to
      paragraph (1), the Band's governing body shall be the governing
      body in place on September 21, 1994, or any new governing body
      selected under the election procedures specified in the interim
      governing documents of the Band.

-SOURCE-
    (Pub. L. 103-323, Sec. 5, Sept. 21, 1994, 108 Stat. 2154.)

-End-



-CITE-
    25 USC Sec. 1300j-5                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXI - POKAGON BAND OF POTAWATOMI INDIANS

-HEAD-
    Sec. 1300j-5. Tribal lands

-STATUTE-
      The Band's tribal land shall consist of all real property,
    including the land upon which the Tribal Hall is situated, now or
    on and after September 21, 1994, held by, or in trust for, the
    Band. The Secretary shall acquire real property for the Band. Any
    such real property shall be taken by the Secretary in the name of
    the United States in trust for the benefit of the Band and shall
    become part of the Band's reservation.

-SOURCE-
    (Pub. L. 103-323, Sec. 6, Sept. 21, 1994, 108 Stat. 2154.)

-End-



-CITE-
    25 USC Sec. 1300j-6                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXI - POKAGON BAND OF POTAWATOMI INDIANS

-HEAD-
    Sec. 1300j-6. Service area

-STATUTE-
      The Band's service area shall consist of the Michigan counties of
    Allegan, Berrien, Van Buren, and Cass and the Indiana counties of
    La Porte, St. Joseph, Elkhart, Starke, Marshall, and Kosciusko.

-SOURCE-
    (Pub. L. 103-323, Sec. 7, Sept. 21, 1994, 108 Stat. 2154.)

-End-



-CITE-
    25 USC Sec. 1300j-7                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXI - POKAGON BAND OF POTAWATOMI INDIANS

-HEAD-
    Sec. 1300j-7. Jurisdiction

-STATUTE-
      The Band shall have jurisdiction to the full extent allowed by
    law over all lands taken into trust for the benefit of the Band by
    the Secretary. The Band shall exercise jurisdiction over all its
    members who reside within the service area in matters pursuant to
    the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.), as
    if the members were residing upon a reservation as defined in that
    Act.

-SOURCE-
    (Pub. L. 103-323, Sec. 8, Sept. 21, 1994, 108 Stat. 2154.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Child Welfare Act of 1978, referred to in text, is
    Pub. L. 95-608, Nov. 8, 1978, 92 Stat. 3069, as amended, which is
    classified principally to chapter 21 (Sec. 1901 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 1901 of this title and
    Tables.

-End-



-CITE-
    25 USC Sec. 1300j-7a                                        01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXI - POKAGON BAND OF POTAWATOMI INDIANS

-HEAD-
    Sec. 1300j-7a. Membership list

-STATUTE-
    (a) List of members as of September 1994
      Not later than 120 days after September 21, 1994, the Band shall
    submit to the Secretary a list of all individuals who, as of
    September 21, 1994, were members of the Band.
    (b) List of individuals eligible for membership
      (1) In general
        Not later than 18 months after September 21, 1994, the Band
      shall submit to the Secretary a membership roll that contains the
      names of all individuals eligible for membership in the Band. The
      Band, in consultation with the Secretary, shall determine whether
      an individual is eligible for membership in the Band on the basis
      of provisions in the governing documents of the Band that
      determine the qualifications for inclusion in the membership roll
      of the Band.
      (2) Publication of notice
        At such time as the roll has been submitted to the Secretary,
      the Secretary shall immediately publish in the Federal Register a
      notice of such roll.
      (3) Maintenance of roll
        The Band shall ensure that the roll is maintained and kept
      current.

-SOURCE-
    (Pub. L. 103-323, Sec. 9, as added Pub. L. 103-435, Sec. 20(2),
    Nov. 2, 1994, 108 Stat. 4574; amended Pub. L. 104-109, Sec. 1, Feb.
    12, 1996, 110 Stat. 763.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 9 of Pub. L. 103-323 was renumbered section 10
    and is classified to section 1300j-8 of this title.

                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-109, Sec. 1(1), (2), substituted
    "Band" for "Bands" in two places and struck out "respective" after
    "members of the".
      Subsec. (b)(1). Pub. L. 104-109, Sec. 1(1), (3)(A), substituted
    "Band shall submit" for "Bands shall submit", "a membership roll
    that contains" for "membership rolls that contain", "membership in
    the Band" for "membership in such Bands", and "The Band" for "Each
    such Band".
      Subsec. (b)(2). Pub. L. 104-109, Sec. 1(3)(B), substituted "roll
    has" for "rolls have" and "such roll" for "such rolls".
      Subsec. (b)(3). Pub. L. 104-109, Sec. 1(1), (3)(C), (D),
    substituted "roll" for "rolls" in heading and substituted "Band
    shall ensure that the roll is maintained" for "Bands shall ensure
    that the rolls are maintained" in text.

-End-



-CITE-
    25 USC Sec. 1300j-8                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXI - POKAGON BAND OF POTAWATOMI INDIANS

-HEAD-
    Sec. 1300j-8. Definitions

-STATUTE-
      For purposes of this subchapter - 
        (1) the term "Band" means the Pokagon Band of Potawatomi
      Indians;
        (2) the term "member" means those individuals eligible for
      enrollment in the Band pursuant to section 1300j-3 of this title;
      and
        (3) the term "Secretary" means the Secretary of the Interior.

-SOURCE-
    (Pub. L. 103-323, Sec. 10, formerly Sec. 9, Sept. 21, 1994, 108
    Stat. 2155; renumbered Sec. 10, Pub. L. 103-435, Sec. 20(1), Nov.
    2, 1994, 108 Stat. 4574.)

-End-


-CITE-
    25 USC SUBCHAPTER LXXXII - LITTLE TRAVERSE BAY BANDS OF
           ODAWA INDIANS; LITTLE RIVER BAND OF OTTAWA
           INDIANS                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXII - LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS;
           LITTLE RIVER BAND OF OTTAWA INDIANS           

-HEAD-
      SUBCHAPTER LXXXII - LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS;
                    LITTLE RIVER BAND OF OTTAWA INDIANS

-End-



-CITE-
    25 USC Sec. 1300k                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXII - LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS;
           LITTLE RIVER BAND OF OTTAWA INDIANS           

-HEAD-
    Sec. 1300k. Findings

-STATUTE-
      Congress finds the following:
        (1) The Little Traverse Bay Bands of Odawa Indians and the
      Little River Band of Ottawa Indians are descendants of, and
      political successors to, signatories of the 1836 Treaty of
      Washington and the 1855 Treaty of Detroit.
        (2) The Grand Traverse Band of Ottawa and Chippewa Indians, the
      Sault Ste. Marie Tribe of Chippewa Indians, and the Bay Mills
      Band of Chippewa Indians, whose members are also descendants of
      the signatories to the 1836 Treaty of Washington and the 1855
      Treaty of Detroit, have been recognized by the Federal Government
      as distinct Indian tribes.
        (3) The Little Traverse Bay Bands of Odawa Indians consists of
      at least 1,000 eligible members who continue to reside close to
      their ancestral homeland as recognized in the Little Traverse
      Reservation in the 1836 Treaty of Washington and 1855 Treaty of
      Detroit, which area is now known as Emmet and Charlevoix
      Counties, Michigan.
        (4) The Little River Band of Ottawa Indians consists of at
      least 500 eligible members who continue to reside close to their
      ancestral homeland as recognized in the Manistee Reservation in
      the 1836 Treaty of Washington and reservation in the 1855 Treaty
      of Detroit, which area is now known as Manistee and Mason
      Counties, Michigan.
        (5) The Bands filed for reorganization of their existing tribal
      governments in 1935 under the Act of June 18, 1934 (25 U.S.C. 461
      et seq.; commonly referred to as the "Indian Reorganization
      Act"). Federal agents who visited the Bands, including
      Commissioner of Indian Affairs, John Collier, attested to the
      continued social and political existence of the Bands and
      concluded that the Bands were eligible for reorganization. Due to
      a lack of Federal appropriations to implement the provisions of
      such Act, the Bands were denied the opportunity to reorganize.
        (6) In spite of such denial, the Bands continued their
      political and social existence with viable tribal governments.
      The Bands, along with other Michigan Odawa/Ottawa groups,
      including the tribes described in paragraph (2), formed the
      Northern Michigan Ottawa Association in 1948. The Association
      subsequently pursued a successful land claim with the Indian
      Claims Commission.
        (7) Between 1948 and 1975, the Bands carried out many of their
      governmental functions through the Northern Michigan Ottawa
      Association, while retaining individual Band control over local
      decisions.
        (8) In 1975, the Northern Michigan Ottawa Association
      petitioned under the Act of June 18, 1934 (25 U.S.C. 461 et seq.;
      commonly referred to as the "Indian Reorganization Act"), to form
      a government on behalf of the Bands. Again in spite of the Bands'
      eligibility, the Bureau of Indian Affairs failed to act on their
      request.
        (9) The United States Government, the government of the State
      of Michigan, and local governments have had continuous dealings
      with the recognized political leaders of the Bands from 1836 to
      the present.

-SOURCE-
    (Pub. L. 103-324, Sec. 2, Sept. 21, 1994, 108 Stat. 2156.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Reorganization Act, referred to in pars. (5) and (8),
    is act June 18, 1934, ch. 576, 48 Stat. 984, as amended, which is
    classified generally to subchapter V (Sec. 461 et seq.) of this
    chapter. For complete classification of this Act to the Code, see
    Short Title note set out under section 461 of this title and
    Tables.


-MISC1-
                                SHORT TITLE                            
      Section 1 of Pub. L. 103-324 provided that: "This Act [enacting
    this subchapter] may be cited as the 'Little Traverse Bay Bands of
    Odawa Indians and the Little River Band of Ottawa Indians Act'."

-End-



-CITE-
    25 USC Sec. 1300k-1                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXII - LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS;
           LITTLE RIVER BAND OF OTTAWA INDIANS           

-HEAD-
    Sec. 1300k-1. Definitions

-STATUTE-
      For purposes of this subchapter - 
        (1) the term "Bands" means the Little Traverse Bay Bands of
      Odawa Indians and the Little River Band of Ottawa Indians;
        (2) the term "member" means those individuals enrolled in the
      Bands pursuant to section 1300k-5 of this title; and
        (3) the term "Secretary" means the Secretary of the Interior.

-SOURCE-
    (Pub. L. 103-324, Sec. 3, Sept. 21, 1994, 108 Stat. 2157.)

-End-



-CITE-
    25 USC Sec. 1300k-2                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXII - LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS;
           LITTLE RIVER BAND OF OTTAWA INDIANS           

-HEAD-
    Sec. 1300k-2. Federal recognition

-STATUTE-
    (a) Federal recognition
      Federal recognition of the Little Traverse Bay Bands of Odawa
    Indians and the Little River Band of Ottawa Indians is hereby
    reaffirmed. All laws and regulations of the United States of
    general application to Indians or nations, tribes, or bands of
    Indians, including the Act of June 18, 1934 (25 U.S.C. 461 et seq.;
    commonly referred to as the "Indian Reorganization Act"), which are
    not inconsistent with any specific provision of this subchapter
    shall be applicable to the Bands and their members.
    (b) Federal services and benefits
      (1) In general
        The Bands and their members shall be eligible for all services
      and benefits provided by the Federal Government to Indians
      because of their status as federally recognized Indians, and
      notwithstanding any other provision of law, such services and
      benefits shall be provided after September 21, 1994, to the Bands
      and their members without regard to the existence of a
      reservation or the location of the residence of any member on or
      near any Indian reservation.
      (2) Service areas
        (A) Little Traverse Bay Bands
          For purposes of the delivery of Federal services to the
        enrolled members of the Little Traverse Bay Bands of Odawa
        Indians, the area of the State of Michigan within 70 miles of
        the boundaries of the reservations for the Little Traverse Bay
        Bands as set out in Article I, paragraphs "third" and "fourth"
        of the Treaty of 1855, 11 Stat. 621, shall be deemed to be
        within or near a reservation, notwithstanding the establishment
        of a reservation for the tribe after September 21, 1994.
        Services may be provided to members outside the named service
        area unless prohibited by law or program regulations.
        (B) Little River Band
          For purposes of the delivery of Federal services to enrolled
        members of the Little River Band of Ottawa Indians, the
        Counties of Manistee, Mason, Wexford and Lake, in the State of
        Michigan, shall be deemed to be within or near a reservation,
        notwithstanding the establishment of a reservation for the
        tribe after September 21, 1994. Services may be provided to
        members outside the named Counties unless prohibited by law or
        program regulations.

-SOURCE-
    (Pub. L. 103-324, Sec. 4, Sept. 21, 1994, 108 Stat. 2157.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Reorganization Act, referred to in subsec. (a), is act
    June 18, 1934, ch. 576, 48 Stat. 984, as amended, which is
    classified generally to subchapter V (Sec. 461 et seq.) of this
    chapter. For complete classification of this Act to the Code, see
    Short Title note set out under section 461 of this title and
    Tables.

-End-



-CITE-
    25 USC Sec. 1300k-3                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXII - LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS;
           LITTLE RIVER BAND OF OTTAWA INDIANS           

-HEAD-
    Sec. 1300k-3. Reaffirmation of rights

-STATUTE-
    (a) In general
      All rights and privileges of the Bands, and their members
    thereof, which may have been abrogated or diminished before
    September 21, 1994, are hereby reaffirmed.
    (b) Existing rights of Bands
      Nothing in this subchapter shall be construed to diminish any
    right or privilege of the Bands, or of their members, that existed
    prior to September 21, 1994. Except as otherwise specifically
    provided in any other provision of this subchapter, nothing in this
    subchapter shall be construed as altering or affecting any legal or
    equitable claim the Bands might have to enforce any right or
    privilege reserved by or granted to the Bands which were wrongfully
    denied to or taken from the Bands prior to September 21, 1994.

-SOURCE-
    (Pub. L. 103-324, Sec. 5, Sept. 21, 1994, 108 Stat. 2158; Pub. L.
    104-109, Sec. 2(a), Feb. 12, 1996, 110 Stat. 763.)


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b). Pub. L. 104-109 substituted "Bands" for
    "Tribe" in heading.

-End-



-CITE-
    25 USC Sec. 1300k-4                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXII - LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS;
           LITTLE RIVER BAND OF OTTAWA INDIANS           

-HEAD-
    Sec. 1300k-4. Transfer of land for benefit of Bands

-STATUTE-
    (a) Little Traverse Bay Bands
      The Secretary shall acquire real property in Emmet and Charlevoix
    Counties for the benefit of the Little Traverse Bay Bands. The
    Secretary shall also accept any real property located in those
    Counties for the benefit of the Little Traverse Bay Bands if
    conveyed or otherwise transferred to the Secretary, if at the time
    of such acceptance, there are no adverse legal claims on such
    property including outstanding liens, mortgages or taxes owed.
    (b) Little River Band
      The Secretary shall acquire real property in Manistee and Mason
    Counties for the benefit of the Little River Band. The Secretary
    shall also accept any real property located in those Counties for
    the benefit of the Little River Band if conveyed or otherwise
    transferred to the Secretary, if at the time of such acceptance,
    there are no adverse legal claims on such property including
    outstanding liens, mortgages or taxes owed.
    (c) Additional lands
      The Secretary may accept any additional acreage in each of the
    Bands' service area specified by section 1300k-2(b) of this title
    pursuant to his authority under the Act of June 18, 1934 (25 U.S.C.
    461 et seq.; commonly referred to as the "Indian Reorganization
    Act").
    (d) Reservation
      Subject to the conditions imposed by this section, the land
    acquired by or transferred to the Secretary under or pursuant to
    this section shall be taken in the name of the United States in
    trust for the Bands and shall be a part of the respective Bands'
    reservation.

-SOURCE-
    (Pub. L. 103-324, Sec. 6, Sept. 21, 1994, 108 Stat. 2158.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Reorganization Act, referred to in subsec. (c), is act
    June 18, 1934, ch. 576, 48 Stat. 984, as amended, which is
    classified generally to subchapter V (Sec. 461 et seq.) of this
    chapter. For complete classification of this Act to the Code, see
    Short Title note set out under section 461 of this title and
    Tables.

-End-



-CITE-
    25 USC Sec. 1300k-5                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXII - LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS;
           LITTLE RIVER BAND OF OTTAWA INDIANS           

-HEAD-
    Sec. 1300k-5. Membership

-STATUTE-
      Not later than 18 months after September 21, 1994, the Bands
    shall submit to the Secretary membership rolls consisting of all
    individuals currently enrolled for membership in such Bands. The
    qualifications for inclusion on the membership rolls of the Bands
    shall be determined by the membership clauses in such Bands'
    respective governing documents, in consultation with the Secretary.
    Upon completion of the rolls, the Secretary shall immediately
    publish notice of such in the Federal Register. The Bands shall
    ensure that such rolls are maintained and kept current.

-SOURCE-
    (Pub. L. 103-324, Sec. 7, Sept. 21, 1994, 108 Stat. 2159.)

-End-



-CITE-
    25 USC Sec. 1300k-6                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXII - LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS;
           LITTLE RIVER BAND OF OTTAWA INDIANS           

-HEAD-
    Sec. 1300k-6. Constitution and governing body

-STATUTE-
    (a) Constitution
      (1) Adoption
        Not later than 24 months after September 21, 1994, the
      Secretary shall conduct, by secret ballot, elections for the
      purposes of adopting new constitutions for the Bands. The
      elections shall be held according to the procedures applicable to
      elections under section 476 of this title.
      (2) Interim governing documents
        Until such time as new constitutions are adopted under
      paragraph (1), the governing documents in effect on September 21,
      1994, shall be the interim governing documents for the Bands.
    (b) Officials
      (1) Election
        Not later than 6 months after the Bands adopt constitutions and
      bylaws pursuant to subsection (a) of this section, the Bands
      shall conduct elections by secret ballot for the purpose of
      electing officials for the Bands as provided in the Bands'
      respective governing constitutions. The elections shall be
      conducted according to the procedures described in the Bands'
      constitutions and bylaws.
      (2) Interim governments
        Until such time as the Bands elect new officials pursuant to
      paragraph (1), the Bands' governing bodies shall be those
      governing bodies in place on September 21, 1994, or any new
      governing bodies selected under the election procedures specified
      in the respective interim governing documents of the Bands.

-SOURCE-
    (Pub. L. 103-324, Sec. 8, Sept. 21, 1994, 108 Stat. 2159.)

-End-



-CITE-
    25 USC Sec. 1300k-7                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXII - LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS;
           LITTLE RIVER BAND OF OTTAWA INDIANS           

-HEAD-
    Sec. 1300k-7. Membership list

-STATUTE-
    (a) List of present membership
      Not later than 120 days after September 21, 1994, the Bands shall
    submit to the Secretary a list of all individuals who, as of
    September 21, 1994, were members of the respective Bands.
    (b) List of individuals eligible for membership
      (1) In general
        Not later than 18 months after September 21, 1994, each of the
      Bands shall submit to the Secretary a membership roll that
      contains the names of all individuals that are eligible for
      membership in such Band. Each such Band, in consultation with the
      Secretary, shall determine whether an individual is eligible for
      membership in the Band on the basis of provisions in the
      governing documents of the Band that determine the qualifications
      for inclusion in the membership roll of the Band.
      (2) Publication of notice
        At such time as the rolls have been submitted to the Secretary,
      the Secretary shall immediately publish in the Federal Register a
      notice of such rolls.
      (3) Maintenance of rolls
        The Band shall ensure that the rolls are maintained and kept
      current.

-SOURCE-
    (Pub. L. 103-324, Sec. 9, as added Pub. L. 103-435, Sec. 21, Nov.
    2, 1994, 108 Stat. 4574; amended Pub. L. 104-109, Sec. 2(b), Feb.
    12, 1996, 110 Stat. 763.)


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-109, Sec. 2(b)(1), substituted
    "the Bands shall submit" for "the Band shall submit" and "members
    of the respective Bands" for "members of the Band".
      Subsec. (b)(1). Pub. L. 104-109, Sec. 2(b)(2), in first sentence
    substituted "each of the Bands shall submit to the Secretary a
    membership roll that contains the names of all individuals that are
    eligible for membership in such Band" for "the Band shall submit to
    the Secretary membership rolls that contain the names of all
    individuals eligible for membership in such Band" and in second
    sentence substituted "Each such Band, in consultation" for "The
    Band, in consultation".

-End-


-CITE-
    25 USC SUBCHAPTER LXXXIII - AUBURN INDIAN RESTORATION       01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXIII - AUBURN INDIAN RESTORATION

-HEAD-
              SUBCHAPTER LXXXIII - AUBURN INDIAN RESTORATION          

-End-



-CITE-
    25 USC Sec. 1300l                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXIII - AUBURN INDIAN RESTORATION

-HEAD-
    Sec. 1300l. Restoration of Federal recognition, rights, and
      privileges

-STATUTE-
    (a) Federal recognition
      Notwithstanding any other provision of law, Federal recognition
    is hereby extended to the Tribe. Except as otherwise provided in
    this subchapter, all laws and regulations of general application to
    Indians or nations, tribes, or bands of Indians that are not
    inconsistent with any specific provision of this subchapter shall
    be applicable to the Tribe and its members.
    (b) Restoration of rights and privileges
      Except as provided in subsection (d) of this section, all rights
    and privileges of the Tribe and its members under any Federal
    treaty, Executive order, agreement, or statute, or under any other
    authority which were diminished or lost under the Act of August 18,
    1958 (Public Law 85-671), are hereby restored and the provisions of
    such Act shall be inapplicable to the Tribe and its members after
    October 31, 1994.
    (c) Federal services and benefits
      Notwithstanding any other provision of law and without regard to
    the existence of a reservation, the Tribe and its members shall be
    eligible, on and after October 31, 1994, for all Federal services
    and benefits furnished to federally recognized Indian tribes or
    their members. In the case of Federal services available to members
    of federally recognized Indian tribes residing on a reservation,
    members of the Tribe residing in the Tribe's service area shall be
    deemed to be residing on a reservation.
    (d) Hunting, fishing, trapping, and water rights
      Nothing in this subchapter shall expand, reduce, or affect in any
    manner any hunting, fishing, trapping, gathering, or water right of
    the Tribe and its members.
    (e) Indian Reorganization Act applicability
      The Act of June 18, 1934 (25 U.S.C. 461 et seq.), shall be
    applicable to the Tribe and its members.
    (f) Certain rights not altered
      Except as specifically provided in this subchapter, nothing in
    this subchapter shall alter any property right or obligation, any
    contractual right or obligation, or any obligation for taxes
    levied.

-SOURCE-
    (Pub. L. 103-434, title II, Sec. 202, Oct. 31, 1994, 108 Stat.
    4533.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of August 18, 1958, referred to in subsec. (b), is Pub. L. 85-
    671, Aug. 18, 1958, 72 Stat. 619, which is not classified to the
    Code.
      Act of June 18, 1934, referred to in subsec. (e), popularly known
    as the Indian Reorganization Act, is classified generally to
    subchapter V (Sec. 461 et seq.) of this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of this title and Tables.


-MISC1-
                                SHORT TITLE                            
      Section 201 of title II of Pub. L. 103-434 provided that: "This
    title [enacting this subchapter] may be cited as the 'Auburn Indian
    Restoration Act'."

-End-



-CITE-
    25 USC Sec. 1300l-1                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXIII - AUBURN INDIAN RESTORATION

-HEAD-
    Sec. 1300l-1. Economic development

-STATUTE-
    (a) Plan for economic development
      The Secretary shall - 
        (1) enter into negotiations with the governing body of the
      Tribe with respect to establishing a plan for economic
      development for the Tribe;
        (2) in accordance with this section and not later than 2 years
      after the adoption of a tribal constitution as provided in
      section 1300l-5 of this title, develop such a plan; and
        (3) upon the approval of such plan by the governing body of the
      Tribe, submit such plan to the Congress.
    (b) Restrictions
      Any proposed transfer of real property contained in the plan
    developed by the Secretary under subsection (a) of this section
    shall be consistent with the requirements of section 1300l-2 of
    this title.

-SOURCE-
    (Pub. L. 103-434, title II, Sec. 203, Oct. 31, 1994, 108 Stat.
    4533; Pub. L. 104-109, Sec. 8(a), Feb. 12, 1996, 110 Stat. 764.)


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a)(2). Pub. L. 104-109, Sec. 8(a)(1), made
    technical amendment to reference to section 1300l-5 of this title,
    to correct reference to corresponding section of original act.
      Subsec. (b). Pub. L. 104-109, Sec. 8(a)(2), made technical
    amendment to reference to section 1300l-2 of this title, to correct
    reference to corresponding section of original act.

-End-



-CITE-
    25 USC Sec. 1300l-2                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXIII - AUBURN INDIAN RESTORATION

-HEAD-
    Sec. 1300l-2. Transfer of land to be held in trust

-STATUTE-
    (a) Lands to be taken in trust
      The Secretary may accept any real property located in Placer
    County, California, for the benefit of the Tribe if conveyed or
    otherwise transferred to the Secretary if, at the time of such
    conveyance or transfer, there are no adverse legal claims on such
    property, including outstanding liens, mortgages, or taxes owed.
    The Secretary may accept any additional acreage in the Tribe's
    service area pursuant to the authority of the Secretary under the
    Act of June 18, 1934 (25 U.S.C. 461 et seq.).
    (b) Former trust lands of Auburn Rancheria
      Subject to the conditions specified in this section, real
    property eligible for trust status under this section shall include
    fee land held by the White Oak Ridge Association, Indian owned fee
    land held communally pursuant to the distribution plan prepared and
    approved by the Bureau of Indian Affairs on August 13, 1959, and
    Indian owned fee land held by persons listed as distributees or
    dependent members in such distribution plan or such distributees'
    or dependent members' Indian heirs or successors in interest.
    (c) Lands to be part of reservation
      Subject to the conditions imposed by this section, any real
    property conveyed or transferred under this section shall be taken
    in the name of the United States in trust for the Tribe or, as
    applicable, an individual member of the Tribe, and shall be part of
    the Tribe's reservation.

-SOURCE-
    (Pub. L. 103-434, title II, Sec. 204, Oct. 31, 1994, 108 Stat.
    4534; Pub. L. 104-122, Mar. 29, 1996, 110 Stat. 876.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, referred to in subsec. (a), popularly known
    as the Indian Reorganization Act, is classified generally to
    subchapter V (Sec. 461 et seq.) of this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-122 substituted "may" for "shall"
    in first sentence.

-End-



-CITE-
    25 USC Sec. 1300l-3                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXIII - AUBURN INDIAN RESTORATION

-HEAD-
    Sec. 1300l-3. Membership rolls

-STATUTE-
    (a) Compilation of tribal membership roll
      Within 1 year after October 31, 1994, the Secretary shall, after
    consultation with the Tribe, compile a membership roll of the
    Tribe.
    (b) Criteria for enrollments
      (1) Until a tribal constitution is adopted pursuant to section
    1300l-5 of this title, an individual shall be placed on the
    membership roll if the individual is living, is not an enrolled
    member of another federally recognized Indian tribe, is of United
    Auburn Indian Community ancestry, possesses at least one-eighth or
    more of Indian blood quantum, and if - 
        (A) the individual's name was listed on the Auburn Indian
      Rancheria distribution roll compiled and approved by the Bureau
      of Indian Affairs on August 13, 1959, pursuant to Public Law 85-
      671;
        (B) the individual was not listed on, but met the requirements
      that had to be met to be listed on, the Auburn Indian Rancheria
      distribution list compiled and approved by the Bureau of Indian
      Affairs on August 13, 1959, pursuant to Public Law 85-671; or
        (C) the individual is a lineal descendant of an individual,
      living or dead, identified in subparagraph (A) or (B).

      (2) After adoption of a tribal constitution pursuant to section
    1300l-5 of this title, such tribal constitution shall govern
    membership in the Tribe, except that in addition to meeting any
    other criteria imposed in such tribal constitution, any person
    added to the membership roll shall be of United Auburn Indian
    Community ancestry and shall not be an enrolled member of another
    federally recognized Indian tribe.
    (c) Conclusive proof of United Auburn Indian Community ancestry
      For the purpose of subsection (b) of this section, the Secretary
    shall accept any available evidence establishing United Auburn
    Indian Community ancestry. The Secretary shall accept as conclusive
    evidence of United Auburn Indian Community ancestry information
    contained in the Auburn Indian Rancheria distribution list compiled
    by the Bureau of Indian Affairs on August 13, 1959.

-SOURCE-
    (Pub. L. 103-434, title II, Sec. 205, Oct. 31, 1994, 108 Stat.
    4534.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 85-671, referred to in subsec. (b)(1)(A), (B), is Pub.
    L. 85-671, Aug. 18, 1958, 72 Stat. 619, which is not classified to
    the Code.

-End-



-CITE-
    25 USC Sec. 1300l-4                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXIII - AUBURN INDIAN RESTORATION

-HEAD-
    Sec. 1300l-4. Interim government

-STATUTE-
      Until a new tribal constitution and bylaws are adopted and become
    effective under section 1300l-5 of this title, the Tribe's
    governing body shall be an Interim Council. The initial membership
    of the Interim Council shall consist of the members of the
    Executive Council of the Tribe on October 31, 1994, and the Interim
    Council shall continue to operate in the manner prescribed for the
    Executive Council under the tribal constitution adopted July 20,
    1991, as long as such constitution is not contrary to Federal law.
    Any new members filling vacancies on the Interim Council shall meet
    the enrollment criteria set forth in section 1300l-3(b) of this
    title and be elected in the same manner as are Executive Council
    members under the tribal constitution adopted July 20, 1991.

-SOURCE-
    (Pub. L. 103-434, title II, Sec. 206, Oct. 31, 1994, 108 Stat.
    4535; Pub. L. 104-109, Sec. 8(b), Feb. 12, 1996, 110 Stat. 765.)


-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-109 substituted "Interim Council shall meet"
    for "Interim council shall meet" in last sentence.

-End-



-CITE-
    25 USC Sec. 1300l-5                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXIII - AUBURN INDIAN RESTORATION

-HEAD-
    Sec. 1300l-5. Tribal constitution

-STATUTE-
    (a) Election; time and procedure
      Upon the completion of the tribal membership roll under section
    1300l-3(a) of this title and upon the written request of the
    Interim Council, the Secretary shall conduct, by secret ballot, an
    election for the purpose of adopting a constitution and bylaws for
    the Tribe. The election shall be held according to section 476 of
    this title, except that absentee balloting shall be permitted
    regardless of voter residence.
    (b) Election of tribal officials; procedures
      Not later than 120 days after the Tribe adopts a constitution and
    bylaws under subsection (a) of this section, the Secretary shall
    conduct an election by secret ballot for the purpose of electing
    tribal officials as provided in such tribal constitution. Such
    election shall be conducted according to the procedures specified
    in subsection (a) of this section except to the extent that such
    procedures conflict with the tribal constitution.

-SOURCE-
    (Pub. L. 103-434, title II, Sec. 207, Oct. 31, 1994, 108 Stat.
    4535.)

-End-



-CITE-
    25 USC Sec. 1300l-6                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXIII - AUBURN INDIAN RESTORATION

-HEAD-
    Sec. 1300l-6. Definitions

-STATUTE-
      For purposes of this subchapter:
        (1) The term "Tribe" means the United Auburn Indian Community
      of the Auburn Rancheria of California.
        (2) The term "Secretary" means the Secretary of the Interior.
        (3) The term "Interim Council" means the governing body of the
      Tribe specified in section 1300l-4 of this title.
        (4) The term "member" means those persons meeting the
      enrollment criteria under section 1300l-3(b) of this title.
        (5) The term "State" means the State of California.
        (6) The term "reservation" means those lands acquired and held
      in trust by the Secretary for the benefit of the Tribe pursuant
      to section 1300l-2 of this title.
        (7) The term "service area" means the counties of Placer,
      Nevada, Yuba, Sutter, El Dorado, and Sacramento, in the State of
      California.

-SOURCE-
    (Pub. L. 103-434, title II, Sec. 208, Oct. 31, 1994, 108 Stat.
    4535.)

-End-



-CITE-
    25 USC Sec. 1300l-7                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXIII - AUBURN INDIAN RESTORATION

-HEAD-
    Sec. 1300l-7. Regulations

-STATUTE-
      The Secretary may promulgate such regulations as may be necessary
    to carry out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 103-434, title II, Sec. 209, Oct. 31, 1994, 108 Stat.
    4536.)

-End-


-CITE-
    25 USC SUBCHAPTER LXXXIV - PASKENTA BAND OF NOMLAKI
           INDIANS OF CALIFORNIA                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXIV - PASKENTA BAND OF NOMLAKI INDIANS OF CALIFORNIA

-HEAD-
    SUBCHAPTER LXXXIV - PASKENTA BAND OF NOMLAKI INDIANS OF CALIFORNIA

-End-



-CITE-
    25 USC Sec. 1300m                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXIV - PASKENTA BAND OF NOMLAKI INDIANS OF CALIFORNIA

-HEAD-
    Sec. 1300m. Definitions

-STATUTE-
      For purposes of this subchapter:
        (1) The term "Tribe" means the Paskenta Band of Nomlaki Indians
      of the Paskenta Rancheria of California.
        (2) The term "Secretary" means the Secretary of the Interior.
        (3) The term "Interim Council" means the governing body of the
      Tribe specified in section 1300m-5 of this title.
        (4) The term "member" means an individual who meets the
      membership criteria under section 1300m-4(b) of this title.
        (5) The term "State" means the State of California.
        (6) The term "reservation" means those lands acquired and held
      in trust by the Secretary for the benefit of the Tribe pursuant
      to section 1300m-3 of this title.
        (7) The term "service area" means the counties of Tehama and
      Glenn, in the State of California.

-SOURCE-
    (Pub. L. 103-454, title III, Sec. 302, Nov. 2, 1994, 108 Stat.
    4793.)


-MISC1-
                                SHORT TITLE                            
      Section 301 of title III of Pub. L. 103-454 provided that: "This
    title [enacting this subchapter] may be cited as the 'Paskenta Band
    Restoration Act'."

-End-



-CITE-
    25 USC Sec. 1300m-1                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXIV - PASKENTA BAND OF NOMLAKI INDIANS OF CALIFORNIA

-HEAD-
    Sec. 1300m-1. Restoration of Federal recognition, rights, and
      privileges

-STATUTE-
    (a) Federal recognition
      Federal recognition is hereby extended to the Tribe. Except as
    otherwise provided in this subchapter, all laws and regulations of
    general application to Indians and nations, tribes, or bands of
    Indians that are not inconsistent with any specific provision of
    this subchapter shall be applicable to the Tribe and its members.
    (b) Restoration of rights and privileges
      Except as provided in subsection (d) of this section, all rights
    and privileges of the Tribe and its members under any Federal
    treaty, Executive order, agreement, or statute, or under any other
    authority which were diminished or lost under the Act of August 18,
    1958 (Public Law 85-671; 72 Stat. 619), are hereby restored and the
    provisions of such Act shall be inapplicable to the Tribe and its
    members after November 2, 1994.
    (c) Federal services and benefits
      Without regard to the existence of a reservation, the Tribe and
    its members shall be eligible, on and after November 2, 1994, for
    all Federal services and benefits furnished to federally recognized
    Indian tribes or their members. In the case of Federal services
    available to members of federally recognized Indian tribes residing
    on a reservation, members of the Tribe residing in the Tribe's
    service area shall be deemed to be residing on a reservation.
    (d) Hunting, fishing, trapping, and water rights
      Nothing in this subchapter shall expand, reduce, or affect in any
    manner any hunting, fishing, trapping, gathering, or water right of
    the Tribe and its members.
    (e) Indian Reorganization Act applicability
      The Act of June 18, 1934 (25 U.S.C. 461 et seq.), shall be
    applicable to the Tribe and its members.
    (f) Certain rights not altered
      Except as specifically provided in this subchapter, nothing in
    this subchapter shall alter any property right or obligation, any
    contractual right or obligation, or any obligation for taxes
    levied.

-SOURCE-
    (Pub. L. 103-454, title III, Sec. 303, Nov. 2, 1994, 108 Stat.
    4793.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of August 18, 1958, referred to in subsec. (b), is Pub. L. 85-
    671, Aug. 18, 1958, 72 Stat. 619, which is not classified to the
    Code.
      Act of June 18, 1934, referred to in subsec. (e), popularly known
    as the Indian Reorganization Act, is classified generally to
    subchapter V (Sec. 461 et seq.) of this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of this title and Tables.

-End-



-CITE-
    25 USC Sec. 1300m-2                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXIV - PASKENTA BAND OF NOMLAKI INDIANS OF CALIFORNIA

-HEAD-
    Sec. 1300m-2. Economic development

-STATUTE-
    (a) Plan for economic development
      The Secretary shall - 
        (1) enter into negotiations with the governing body of the
      Tribe with respect to establishing a plan for economic
      development for the Tribe;
        (2) in accordance with this section and not later than two
      years after the adoption of a tribal constitution as provided in
      section 1300m-6 of this title, develop such a plan; and
        (3) upon the approval of such plan by the governing body of the
      Tribe, submit such plan to the Congress.
    (b) Restrictions
      Any proposed transfer of real property contained in the plan
    developed by the Secretary under subsection (a) of this section
    shall be consistent with the requirements of section 1300m-3 of
    this title.

-SOURCE-
    (Pub. L. 103-454, title III, Sec. 304, Nov. 2, 1994, 108 Stat.
    4794.)

-End-



-CITE-
    25 USC Sec. 1300m-3                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXIV - PASKENTA BAND OF NOMLAKI INDIANS OF CALIFORNIA

-HEAD-
    Sec. 1300m-3. Transfer of land to be held in trust

-STATUTE-
    (a) Lands to be taken in trust
      The Secretary shall accept any real property located in Tehama
    County, California, for the benefit of the Tribe if conveyed or
    otherwise transferred to the Secretary if, at the time of such
    conveyance or transfer, there are no adverse legal claims to such
    property, including outstanding liens, mortgages, or taxes owned.
    The Secretary may accept any additional acreage in the Tribe's
    service area pursuant to the authority of the Secretary under the
    Act of June 18, 1934 (25 U.S.C. 461 et seq.).
    (b) Lands to be part of reservation
      Subject to the conditions imposed by this section, any real
    property conveyed or transferred under this section shall be taken
    in the name of the United States in trust for the Tribe and shall
    be part of the Tribe's reservation.

-SOURCE-
    (Pub. L. 103-454, title III, Sec. 305, Nov. 2, 1994, 108 Stat.
    4794.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, referred to in subsec. (a), popularly known
    as the Indian Reorganization Act, is classified generally to
    subchapter V (Sec. 461 et seq.) of this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of this title and Tables.

-End-



-CITE-
    25 USC Sec. 1300m-4                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXIV - PASKENTA BAND OF NOMLAKI INDIANS OF CALIFORNIA

-HEAD-
    Sec. 1300m-4. Membership rolls

-STATUTE-
    (a) Compilation of tribal membership roll
      Within one year after November 2, 1994, the Secretary shall,
    after consultation with the Tribe, compile a membership roll of the
    Tribe.
    (b) Criteria for membership
      (1) Until a tribal constitution is adopted pursuant to section
    1300m-6 of this title, an individual shall be placed on the
    membership roll if such individual is living, is not an enrolled
    member of another federally recognized Indian tribe, is of Nomlaki
    Indian ancestry, and if - 
        (A) such individual's name was listed on the Paskenta Indian
      Rancheria distribution roll compiled on February 26, 1959, by the
      Bureau of Indian Affairs and approved by the Secretary of the
      Interior on July 7, 1959, pursuant to Public Law 85-671;
        (B) such individual was not listed on the Paskenta Indian
      Rancheria distribution list, but met the requirements that had to
      be met to be listed on the Paskenta Indian Rancheria list;
        (C) such individual is identified as an Indian from Paskenta in
      any of the official or unofficial rolls of Indians prepared by
      the Bureau of Indian Affairs; or
        (D) such individual is a lineal descendant of an individual,
      living or dead, identified in subparagraph (A), (B), or (C).

      (2) After adoption of a tribal constitution pursuant to section
    1300m-6 of this title, such tribal constitution shall govern
    membership in the Tribe.
    (c) Conclusive proof of Paskenta Indian ancestry
      For the purpose of subsection (b) of this section, the Secretary
    shall accept any available evidence establishing Paskenta Indian
    ancestry. The Secretary shall accept as conclusive evidence of
    Paskenta Indian ancestry, information contained in the census of
    the Indians in and near Paskenta, prepared by Special Indian Agent
    John J. Terrell, in any other roll or census of Paskenta Indians
    prepared by the Bureau of Indian Affairs, and in the Paskenta
    Indian Rancheria distribution list, compiled by the Bureau of
    Indian Affairs on February 26, 1959.

-SOURCE-
    (Pub. L. 103-454, title III, Sec. 306, Nov. 2, 1994, 108 Stat.
    4794.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 85-671, referred to in subsec. (b)(1)(A), is Pub. L.
    85-671, Aug. 18, 1958, 72 Stat. 619, which is not classified to the
    Code.

-End-



-CITE-
    25 USC Sec. 1300m-5                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXIV - PASKENTA BAND OF NOMLAKI INDIANS OF CALIFORNIA

-HEAD-
    Sec. 1300m-5. Interim government

-STATUTE-
      Until a new tribal constitution and bylaws are adopted and become
    effective under section 1300m-6 of this title, the Tribe's
    governing body shall be an Interim Council. The initial membership
    of the Interim Council shall consist of the members of the Tribal
    Council of the Tribe on November 2, 1994, and the Interim Council
    shall continue to operate in the manner prescribed for the Tribal
    Council under the tribal constitution adopted December 18, 1993.
    Any new members filling vacancies on the Interim Council shall meet
    the membership criteria set forth in section 1300m-4(b) of this
    title and be elected in the same manner as are Tribal Council
    members under the tribal constitution adopted December 18, 1993.

-SOURCE-
    (Pub. L. 103-454, title III, Sec. 307, Nov. 2, 1994, 108 Stat.
    4795.)

-End-



-CITE-
    25 USC Sec. 1300m-6                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXIV - PASKENTA BAND OF NOMLAKI INDIANS OF CALIFORNIA

-HEAD-
    Sec. 1300m-6. Tribal constitution

-STATUTE-
    (a) Election; time and procedure
      Upon the completion of the tribal membership roll under section
    1300m-4(a) of this title and upon the written request of the
    Interim Council, the Secretary shall conduct, by secret ballot, an
    election for the purpose of adopting a constitution and bylaws for
    the Tribe. The election shall be held according to section 476 of
    this title, except that absentee balloting shall be permitted
    regardless of voter residence.
    (b) Election of tribal officials; procedures
      Not later than 120 days after the Tribe adopts a constitution and
    bylaws under subsection (a) of this section, the Secretary shall
    conduct an election by secret ballot for the purpose of electing
    tribal officials as provided in such tribal constitution. Such
    election shall be conducted according to the procedures specified
    in subsection (a) of this section except to the extent that such
    procedures conflict with the tribal constitution.

-SOURCE-
    (Pub. L. 103-454, title III, Sec. 308, Nov. 2, 1994, 108 Stat.
    4795.)

-End-



-CITE-
    25 USC Sec. 1300m-7                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXIV - PASKENTA BAND OF NOMLAKI INDIANS OF CALIFORNIA

-HEAD-
    Sec. 1300m-7. General provision

-STATUTE-
      The Secretary may promulgate such regulations as may be necessary
    to carry out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 103-454, title III, Sec. 309, Nov. 2, 1994, 108 Stat.
    4796.)

-End-


-CITE-
    25 USC SUBCHAPTER LXXXV - GRATON RANCHERIA RESTORATION      01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXV - GRATON RANCHERIA RESTORATION

-HEAD-
              SUBCHAPTER LXXXV - GRATON RANCHERIA RESTORATION          

-End-



-CITE-
    25 USC Sec. 1300n                                           01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXV - GRATON RANCHERIA RESTORATION

-HEAD-
    Sec. 1300n. Findings

-STATUTE-
      The Congress finds that in their 1997 Report to Congress, the
    Advisory Council on California Indian Policy specifically
    recommended the immediate legislative restoration of the Graton
    Rancheria.

-SOURCE-
    (Pub. L. 106-568, title XIV, Sec. 1402, Dec. 27, 2000, 114 Stat.
    2939.)


-MISC1-
                                SHORT TITLE                            
      Pub. L. 106-568, title XIV, Sec. 1401, Dec. 27, 2000, 114 Stat.
    2939, provided that: "This title [enacting this subchapter] may be
    cited as the 'Graton Rancheria Restoration Act'."

-End-



-CITE-
    25 USC Sec. 1300n-1                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXV - GRATON RANCHERIA RESTORATION

-HEAD-
    Sec. 1300n-1. Definitions

-STATUTE-
      For purposes of this subchapter:
        (1) The term "Tribe" means the Indians of the Graton Rancheria
      of California.
        (2) The term "Secretary" means the Secretary of the Interior.
        (3) The term "Interim Tribal Council" means the governing body
      of the Tribe specified in section 1300n-5 of this title.
        (4) The term "member" means an individual who meets the
      membership criteria under section 1300n-4(b) of this title.
        (5) The term "State" means the State of California.
        (6) The term "reservation" means those lands acquired and held
      in trust by the Secretary for the benefit of the Tribe.
        (7) The term "service area" means the counties of Marin and
      Sonoma, in the State of California.

-SOURCE-
    (Pub. L. 106-568, title XIV, Sec. 1403, Dec. 27, 2000, 114 Stat.
    2939.)

-End-



-CITE-
    25 USC Sec. 1300n-2                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXV - GRATON RANCHERIA RESTORATION

-HEAD-
    Sec. 1300n-2. Restoration of Federal recognition, rights, and
      privileges

-STATUTE-
    (a) Federal recognition
      Federal recognition is hereby restored to the Tribe. Except as
    otherwise provided in this subchapter, all laws and regulations of
    general application to Indians and nations, tribes, or bands of
    Indians that are not inconsistent with any specific provision of
    this subchapter shall be applicable to the Tribe and its members.
    (b) Restoration of rights and privileges
      Except as provided in subsection (d) of this section, all rights
    and privileges of the Tribe and its members under any Federal
    treaty, Executive order, agreement, or statute, or under any other
    authority which were diminished or lost under the Act of August 18,
    1958 (Public Law 85-671; 72 Stat. 619), are hereby restored, and
    the provisions of such Act shall be inapplicable to the Tribe and
    its members after December 27, 2000.
    (c) Federal services and benefits
      (1) In general
        Without regard to the existence of a reservation, the Tribe and
      its members shall be eligible, on and after December 27, 2000,
      for all Federal services and benefits furnished to federally
      recognized Indian tribes or their members. For the purposes of
      Federal services and benefits available to members of federally
      recognized Indian tribes residing on a reservation, members of
      the Tribe residing in the Tribe's service area shall be deemed to
      be residing on a reservation.
      (2) Relation to other laws
        The eligibility for or receipt of services and benefits under
      paragraph (1) by a tribe or individual shall not be considered as
      income, resources, or otherwise when determining the eligibility
      for or computation of any payment or other benefit to such tribe,
      individual, or household under - 
          (A) any financial aid program of the United States, including
        grants and contracts subject to the Indian Self-Determination
        Act [25 U.S.C. 450f et seq.]; or
          (B) any other benefit to which such tribe, household, or
        individual would otherwise be entitled under any Federal or
        federally assisted program.
    (d) Hunting, fishing, trapping, gathering, and water rights
      Nothing in this subchapter shall expand, reduce, or affect in any
    manner any hunting, fishing, trapping, gathering, or water rights
    of the Tribe and its members.
    (e) Certain rights not altered
      Except as specifically provided in this subchapter, nothing in
    this subchapter shall alter any property right or obligation, any
    contractual right or obligation, or any obligation for taxes
    levied.

-SOURCE-
    (Pub. L. 106-568, title XIV, Sec. 1404, Dec. 27, 2000, 114 Stat.
    2939.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Act of August 18, 1958, referred to in subsec. (b), is Pub.
    L. 85-671, Aug. 18, 1958, 72 Stat. 619, which is not classified to
    the Code.
      The Indian Self-Determination Act, referred to in subsec.
    (c)(2)(A), is title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat.
    2206, as amended, which is classified principally to part A (Sec.
    450f et seq.) of subchapter II of chapter 14 of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 450 of this title and Tables.

-End-



-CITE-
    25 USC Sec. 1300n-3                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXV - GRATON RANCHERIA RESTORATION

-HEAD-
    Sec. 1300n-3. Transfer of land to be held in trust

-STATUTE-
    (a) Lands to be taken in trust
      Upon application by the Tribe, the Secretary shall accept into
    trust for the benefit of the Tribe any real property located in
    Marin or Sonoma County, California, for the benefit of the Tribe
    after the property is conveyed or otherwise transferred to the
    Secretary and if, at the time of such conveyance or transfer, there
    are no adverse legal claims to such property, including outstanding
    liens, mortgages, or taxes.
    (b) Former trust lands of the Graton Rancheria
      Subject to the conditions specified in this section, real
    property eligible for trust status under this section shall include
    Indian owned fee land held by persons listed as distributees or
    dependent members in the distribution plan approved by the
    Secretary on September 17, 1959, or such distributees' or dependent
    members' Indian heirs or successors in interest.
    (c) Lands to be part of reservation
      Any real property taken into trust for the benefit of the Tribe
    pursuant to this subchapter shall be part of the Tribe's
    reservation.
    (d) Lands to be nontaxable
      Any real property taken into trust for the benefit of the Tribe
    pursuant to this section shall be exempt from all local, State, and
    Federal taxation as of the date that such land is transferred to
    the Secretary.

-SOURCE-
    (Pub. L. 106-568, title XIV, Sec. 1405, Dec. 27, 2000, 114 Stat.
    2940.)

-End-



-CITE-
    25 USC Sec. 1300n-4                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXV - GRATON RANCHERIA RESTORATION

-HEAD-
    Sec. 1300n-4. Membership rolls

-STATUTE-
    (a) Compilation of tribal membership roll
      Not later than 1 year after December 27, 2000, the Secretary
    shall, after consultation with the Tribe, compile a membership roll
    of the Tribe.
    (b) Criteria for membership
      (1) Until a tribal constitution is adopted under section 1300n-6
    of this title, an individual shall be placed on the Graton
    membership roll if such individual is living, is not an enrolled
    member of another federally recognized Indian tribe, and if - 
        (A) such individual's name was listed on the Graton Indian
      Rancheria distribution list compiled by the Bureau of Indian
      Affairs and approved by the Secretary on September 17, 1959,
      under Public Law 85-671;
        (B) such individual was not listed on the Graton Indian
      Rancheria distribution list, but met the requirements that had to
      be met to be listed on the Graton Indian Rancheria distribution
      list;
        (C) such individual is identified as an Indian from the Graton,
      Marshall, Bodega, Tomales, or Sebastopol, California, vicinities,
      in documents prepared by or at the direction of the Bureau of
      Indian Affairs, or in any other public or California mission
      records; or
        (D) such individual is a lineal descendant of an individual,
      living or dead, identified in subparagraph (A), (B), or (C).

      (2) After adoption of a tribal constitution under section 1300n-6
    of this title, such tribal constitution shall govern membership in
    the Tribe.
    (c) Conclusive proof of Graton Indian ancestry
      For the purpose of subsection (b) of this section, the Secretary
    shall accept any available evidence establishing Graton Indian
    ancestry. The Secretary shall accept as conclusive evidence of
    Graton Indian ancestry information contained in the census of the
    Indians from the Graton, Marshall, Bodega, Tomales, or Sebastopol,
    California, vicinities, prepared by or at the direction of Special
    Indian Agent John J. Terrell in any other roll or census of Graton
    Indians prepared by or at the direction of the Bureau of Indian
    Affairs and in the Graton Indian Rancheria distribution list
    compiled by the Bureau of Indian Affairs and approved by the
    Secretary on September 17, 1959.

-SOURCE-
    (Pub. L. 106-568, title XIV, Sec. 1406, Dec. 27, 2000, 114 Stat.
    2940.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 85-671, referred to in subsec. (b)(1)(A), is Pub. L.
    85-671, Aug. 18, 1958, 72 Stat. 619, which is not classified to the
    Code.

-End-



-CITE-
    25 USC Sec. 1300n-5                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXV - GRATON RANCHERIA RESTORATION

-HEAD-
    Sec. 1300n-5. Interim government

-STATUTE-
      Until the Tribe ratifies a final constitution consistent with
    section 1300n-6 of this title, the Tribe's governing body shall be
    an Interim Tribal Council. The initial membership of the Interim
    Tribal Council shall consist of the members serving on December 27,
    2000, who have been elected under the tribal constitution adopted
    May 3, 1997. The Interim Tribal Council shall continue to operate
    in the manner prescribed under such tribal constitution. Any
    vacancy on the Interim Tribal Council shall be filled by
    individuals who meet the membership criteria set forth in section
    1300n-4(b) of this title and who are elected in the same manner as
    are Tribal Council members under the tribal constitution adopted
    May 3, 1997.

-SOURCE-
    (Pub. L. 106-568, title XIV, Sec. 1407, Dec. 27, 2000, 114 Stat.
    2941.)

-End-



-CITE-
    25 USC Sec. 1300n-6                                         01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 14 - MISCELLANEOUS
    SUBCHAPTER LXXXV - GRATON RANCHERIA RESTORATION

-HEAD-
    Sec. 1300n-6. Tribal constitution

-STATUTE-
    (a) Election; time; procedure
      After the compilation of the tribal membership roll under section
    1300n-4(a) of this title, upon the written request of the Interim
    Tribal Council, the Secretary shall conduct, by secret ballot, an
    election for the purpose of ratifying a final constitution for the
    Tribe. The election shall be held consistent with sections
    476(c)(1) and 476(c)(2)(A) of this title. Absentee voting shall be
    permitted regardless of voter residence.
    (b) Election of tribal officials; procedures
      Not later than 120 days after the Tribe ratifies a final
    constitution under subsection (a) of this section, the Secretary
    shall conduct an election by secret ballot for the purpose of
    electing tribal officials as provided in such tribal constitution.
    Such election shall be conducted consistent with the procedures
    specified in subsection (a) of this section except to the extent
    that such procedures conflict with the tribal constitution.

-SOURCE-
    (Pub. L. 106-568, title XIV, Sec. 1408, Dec. 27, 2000, 114 Stat.
    2941.)

-End-