Page 281 TITLE 25—INDIANS § 693

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.

(Pub. L. 88–663, Oct. 13, 1964, 78 Stat. 1093.)

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.

SUBCHAPTER XXX—WESTERN OREGON INDIANS: TERMINATION OF FEDERAL SUPERVISION

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 711a, 712a,

713b, 714a, 715a of this title.

§ 691. Purpose

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the disposition of federally owned property acquired or withdrawn for the administration of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.

(Aug. 13, 1954, ch. 733, §1, 68 Stat. 724.)

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subchapter] are hereby repealed insofar as they affect a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.

§ 692. Definitions

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.

(Aug. 13, 1954, ch. 733, §2, 68 Stat. 724.)

§ 693. Membership roll; preparation and initial

publication; eligibility for enrollment; appeal

from inclusion or omission from roll; finality

of determination; final publication

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