Page 323 TITLE 25—INDIANS § 903d

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.

(Pub. L. 93–197, §4, Dec. 22, 1973, 87 Stat. 771.)

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repealed by section 3(b) of Pub.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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 903c of this title.

§ 903c. Tribal constitution and bylaws

(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.

(Pub. L. 93–197, §5, Dec. 22, 1973, 87 Stat. 772.)

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 (§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.

§ 903d. Transfer of assets of Menominee Enterprises, Inc.

(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 Me-