Page 391 TITLE 25—INDIANS § 1300j–7a

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.

(Pub. L. 103–323, §2, Sept. 21, 1994, 108 Stat. 2153.)

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 (§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.

§ 1300j–2. Services

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.

(Pub. L. 103–323, §3, Sept. 21, 1994, 108 Stat. 2153.)

§ 1300j–3. Tribal membership

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.

(Pub. L. 103–323, §4, Sept. 21, 1994, 108 Stat. 2153.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1300j–8 of this

title.

§ 1300j–4. Constitution and governing body

(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.

(Pub. L. 103–323, §5, Sept. 21, 1994, 108 Stat. 2154.)

§ 1300j–5. Tribal lands

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.

(Pub. L. 103–323, §6, Sept. 21, 1994, 108 Stat. 2154.)

§ 1300j–6. Service area

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.

(Pub. L. 103–323, §7, Sept. 21, 1994, 108 Stat. 2154.)

§ 1300j–7. Jurisdiction

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.

(Pub. L. 103–323, §8, Sept. 21, 1994, 108 Stat. 2154.)

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

(§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.

§ 1300j–7a. Membership list

(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