§ 712a TITLE 25—INDIANS Page 288

the membership roll of the tribe in accordance

with section 712c of this title.

(Pub. L. 97–391, §2, Dec. 29, 1982, 96 Stat. 1960;

Pub. L. 100–139, §5(b), Oct. 26, 1987, 101 Stat. 827.)

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’.’’

§ 712a. Extension of Federal recognition, rights,

and privileges

(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.

(Pub. L. 97–391, §3, Dec. 29, 1982, 96 Stat. 1960;

Pub. L. 100–139, §5(b), Oct. 26, 1987, 101 Stat. 827.)

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 (§691 et

seq.) of this chapter. For complete classification of this

Act to the Code, see Tables.

AMENDMENTS

1987—Subsec. (a). Pub. L. 100–139 substituted ‘‘Umpqua Tribe of Indians’’ for ‘‘Umpqua Tribe of Oregon’’.

§ 712b. Organization of tribe

(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.

(Pub. L. 97–391, §4, Dec. 29, 1982, 96 Stat. 1961;

Pub. L. 100–139, §7(a), Oct. 26, 1987, 101 Stat. 828.)

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.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 712c of this title.

§ 712c. Tribal membership

(a) Membership

Until such time as the Secretary of the Interior publishes a tribal membership roll as man-
Page 289 TITLE 25—INDIANS § 713a

1So in original. Probably should be paragraph ‘‘(3)’’.

dated 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.

(Pub. L. 97–391, §5, Dec. 29, 1982, 96 Stat. 1961;

Pub. L. 100–139, §5(a), Oct. 26, 1987, 101 Stat. 826;

Pub. L. 100–446, title I, Sept. 27, 1988, 102 Stat.

1794.)

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).’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 712 of this title.

§ 712d. Rules

The Secretary of the Interior may make such

rules as are necessary to carry out the provisions of this subchapter.

(Pub. L. 97–391, §6, Dec. 29, 1982, 96 Stat. 1961.)

SUBCHAPTER XXX–C—CONFEDERATED

TRIBES OF THE GRAND RONDE COMMUNITY OF OREGON

§ 713. Definitions

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.

(Pub. L. 98–165, §2, Nov. 22, 1983, 97 Stat. 1064.)

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’.’’

§ 713a. Consideration of Confederated Tribes of

Grand Ronde Community as one tribe

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.