§ 983f TITLE 25—INDIANS Page 346

1So in original. The word ‘‘shall’’ probably should not appear.

(iii) is a lineal descendant of an individual,

living or deceased, who is described in clause

(i) or (ii).

(2) Any individual who is excluded from the

membership roll of the Tribe by the Interim

Council may appeal to the Secretary for a determination of the eligibility of the individual for

membership in the Tribe. Such determination

by the Secretary shall be final. The Interim

Council shall include on the membership roll

any such individual that the Secretary determines in such an appeal to be eligible for membership in the Tribe.

(c) Constitution as governing

After adoption of a tribal constitution in accordance with section 983f of this title, the constitution of the Tribe shall govern membership

in the Tribe.

(Pub. L. 101–484, §7, Oct. 31, 1990, 104 Stat. 1168.)

§ 983f. Tribal constitution

(a) Adoption by secret ballot; absentee balloting

Upon the completion of the tribal membership

roll and upon the written request of the Interim

Council, the Secretary shall conduct, by secret

ballot, an election to adopt a constitution for

the Tribe. Such constitution shall be submitted

by the Interim Council to the Secretary no later

than 1 year following October 31, 1990. Absentee

balloting shall be permitted regardless of voter

residence. In every other regard, the election

shall be held according to section 476 of this

title.

(b) Election of tribal officials

Not later than 120 days after the Tribe adopts

a tribal constitution, the Secretary shall conduct an election by secret ballot for the purpose

of electing tribal officials as provided in the

constitution. Said election shall be conducted

according to the procedures stated in subsection

(a) of this section except to the extent that said

procedures conflict with the tribal constitution.

(c) Governing body treated as Indian tribal government for purposes of taxation

Notwithstanding any other provision of law,

the governing body of the Tribe established

under the constitution of the Tribe that is

adopted under subsection (a) of this section

shall be treated as an Indian tribal government

for purposes of title 26.

(Pub. L. 101–484, §8, Oct. 31, 1990, 104 Stat. 1169.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 983d, 983e of

this title.

§ 983g. Regulations

The Secretary shall prescribe such regulations

as may be necessary to carry out the provisions

of this subchapter.

(Pub. L. 101–484, §9, Oct. 31, 1990, 104 Stat. 1169.)

§ 983h. Economic development plan

(a) Establishment; submittal to Congress

The Secretary shall—

(1) enter into negotiations with the governing body of the Tribe to establish a plan for

economic development for the Tribe;

(2) in accordance with this section, establish

such a plan; and

(3) upon the approval of such plan by the

governing body of the Tribe (and after consultation with the State and local officials

pursuant to subsection (b) of this section),

shall 1 submit such plan to the Congress by no

later than the date that is 3 years after October 31, 1990.

(b) Consultation with State and local officials

(1) To ensure that legitimate State and local

interests are not prejudiced by the economic development plan established under subsection (a)

of this section, the Secretary shall notify and

consult with the appropriate officials of the

State and all appropriate local governmental officials in the State with respect to the proposed

economic development plan. The Secretary shall

provide complete information on the proposed

economic development plan to such officials, including the restrictions imposed on such plan by

subsection (c) of this section.

(2) During any consultation by the Secretary

under this subsection, the Secretary shall provide such information as the Secretary may possess and shall request comments and additional

information on the extent of any State or local

service to the Tribe.

(c) Required provisions

Any economic development plan established

by the Secretary under subsection (a) of this

section shall provide that—

(1) real property acquired by or for the Tribe

located in Knox or Boyd Counties, Nebraska,

shall be taken by the Secretary in the name of

the United States in trust for the benefit of

the Tribe;

(2) any real property taken in trust by the

Secretary pursuant to such plan shall be subject to—

(A) all legal rights and interests in such

land held by any person at the time of acquisition of such land by the Secretary, including any lien, mortgage, or previously levied

and outstanding State or local tax, and

(B) foreclosure or sale in accordance with

the laws of the State of Nebraska pursuant

to the terms of any valid obligation in existence at the time of the acquisition of such

land by the Secretary; and

(3) any real property transferred pursuant to

such plan shall be exempt from Federal, State,

and local taxation of any kind.

(d) Statement regarding individuals consulted,

and testimony or comments received by Secretary

The Secretary shall append to the economic

development plan submitted to the Congress

under subsection (a) of this section a detailed

statement—

(1) naming each individual consulted in accordance with subsection (b) of this section;

(2) summarizing the testimony received by

the Secretary pursuant to any such consultation; and

(3) including any written comments or reports submitted to the Secretary by any individual named in paragraph (1).