Page 381 TITLE 25—INDIANS § 1300i

1See References in Text note below.

ity 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.

(Pub. L. 100–420, §6, Sept. 8, 1988, 102 Stat. 1578.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1300h–3 of this

title.

§ 1300h–5. Land acquisition; establishment of

Federal reservation

(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.

(Pub. L. 100–420, §7, Sept. 8, 1988, 102 Stat. 1579.)

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 (§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.

§ 1300h–6. Distribution of funds

(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.

(Pub. L. 100–420, §8, Sept. 8, 1988, 102 Stat. 1579.)

§ 1300h–7. Constitutional amendment

(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.

(Pub. L. 100–420, §9, Sept. 8, 1988, 102 Stat. 1579;

Pub. L. 101–301, §7, May 24, 1990, 104 Stat. 210.)

AMENDMENTS

1990—Pub. L. 101–301 designated existing provisions as

subsec. (a) and added subsec. (b).

§ 1300h–8. Compliance with Budget Act

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.

(Pub. L. 100–420, §10, Sept. 8, 1988, 102 Stat. 1579.)

REFERENCES IN TEXT

Section 651 of title 2, referred to in text, was amended

by Pub. L. 105–33, title X, §10116(a)(3), (5), Aug. 5, 1997,

111 Stat. 691, by striking out subsec. (c) and redesignating former subsec. (d) as (c).

SUBCHAPTER LXXX—HOOPA-YUROK

SETTLEMENT

§ 1300i. Short title and definitions

(a) Short title

This subchapter may be cited as the ‘‘HoopaYurok Settlement Act’’.

(b) Definitions

For the purposes of this subchapter, the

term—