Page 303 TITLE 25—INDIANS § 744

1So in original. Probably should be ‘‘roll’’.

(Pub. L. 100–89, title II, §206, Aug. 18, 1987, 101

Stat. 671.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 737 of this title.

§ 737. Gaming activities

(a) In general

All gaming activities which are prohibited by

the laws of the State of Texas are hereby prohibited on the reservation and on lands of the tribe.

Any violation of the prohibition provided in this

subsection shall be subject to the same civil and

criminal penalties that are provided by the laws

of the State of Texas. The provisions of this subsection are enacted in accordance with the

tribe’s request in Tribal Resolution No.

T.C.–86–07 which was approved and certified on

March 10, 1986.

(b) No State regulatory jurisdiction

Nothing in this section shall be construed as a

grant of civil or criminal regulatory jurisdiction

to the State of Texas.

(c) Jurisdiction over enforcement against members

Notwithstanding section 736(f) of this title, the

courts of the United States shall have exclusive

jurisdiction over any offense in violation of subsection (a) of this section that is committed by

the tribe, or by any member of the tribe, on the

reservation or on lands of the tribe. However,

nothing in this section shall be construed as precluding the State of Texas from bringing an action in the courts of the United States to enjoin

violations of the provisions of this section.

(Pub. L. 100–89, title II, §207, Aug. 18, 1987, 101

Stat. 672.)

SUBCHAPTER XXXII—PAIUTE INDIANS OF

UTAH: TERMINATION OF FEDERAL SUPERVISION

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 762 of this

title.

§ 741. 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 the State

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the disposition of federally owned property acquired or withdrawn for the administration of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

(Sept. 1, 1954, ch. 1207, §1, 68 Stat. 1099.)

REPEAL OF INCONSISTENT LAWS

Section 20 of act Sept. 1, 1954, provided that: ‘‘All

Acts or parts of Acts inconsistent with this Act [this

subchapter] are repealed insofar as they affect the tribe

or its members. The Act of June 18, 1934 (48 Stat. 984),

as amended by the Act of June 15, 1935 (49 Stat. 378)

[section 461 et seq. of this title], shall not apply to the

tribe and its members after the date of the proclamation provided for in section 17 of this Act [section 757

of this title].’’

SEPARABILITY

Section 21 of act Sept. 1, 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 and the application of

such provision to other persons or circumstances shall

not be affected thereby.’’

§ 742. Definitions

For the purposes of this subchapter—

(a) ‘‘Tribe’’ means any of the following

tribes or bands of Indians located in the State

of Utah: Shivwits, Kanosh, Koosharem, and Indian Peaks Bands of the Paiute Indian Tribe.

(b) ‘‘Secretary’’ means the Secretary of the

Interior.

(c) ‘‘Lands’’ means real property, interests

therein, or improvements thereon, and includes water rights.

(d) ‘‘Individual Indian’’ means any individual Indian whose name appears on the final

roll prepared pursuant to section 743 of this

title.

(e) ‘‘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,

(Sept. 1, 1954, ch. 1207, §2, 68 Stat. 1100.)

§ 743. Membership roll; preparation and initial

publication; appeal from inclusion or omission from roll; finality of determination; final

publication

Each tribe shall have a period of six months

from September 1, 1954, in which to prepare and

submit to the Secretary a proposed roll of the

members of the tribe living on September 1,

1954, which shall be published in the Federal

Register. If a tribe fails to submit such roll

within the time specified in this section, the

Secretary shall prepare a proposed role 1 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 sixty 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

final and conclusive. After disposition of all

such appeals by the Secretary, the roll of the

tribe shall be published in the Federal Register,

and such roll shall be final for the purposes of

this subchapter.

(Sept. 1, 1954, ch. 1207, §3, 68 Stat. 1100.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 742, 744 of this

title.

§ 744. Personal property rights; restrictions

Upon publication in the Federal Register of

the final roll as provided in section 743 of this