§ 975 TITLE 25—INDIANS Page 344

braska three years after September 5, 1962 shall

be deemed removed by operation of law, and an

unrestricted title shall be vested in each such

member.

(Pub. L. 87–629, §4, Sept. 5, 1962, 76 Stat. 430.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 971 of this title.

§ 975. Land surveys and execution of conveyances by Secretary; title of grantee

The Secretary of the Interior is authorized to

make such land surveys and to execute such

conveyancing instruments as he deems necessary to convey marketable and recordable

title to the individual and tribal assets disposed

of pursuant to this subchapter. Each grantee

shall receive an unrestricted title to the property conveyed.

(Pub. L. 87–629, §5, Sept. 5, 1962, 76 Stat. 430.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 971 of this title.

§ 976. Indian claims unaffected

Nothing in this subchapter shall affect any

claims heretofore filed against the United

States by the Ponca Tribe of Native Americans

of Nebraska.

(Pub. L. 87–629, §6, Sept. 5, 1962, 76 Stat. 430.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 971 of this title.

§ 977. Rights, privileges, and obligations under

Nebraska laws unaffected

Nothing in this subchapter shall affect the

rights, privileges, or obligations of the tribe and

its members under the laws of Nebraska.

(Pub. L. 87–629, §7, Sept. 5, 1962, 76 Stat. 430.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 971 of this title.

§ 978. Taxes; initial exemption; taxes following

distribution; valuation for capital gains or

losses

No property distributed under the provisions

of this subchapter shall at the time of distribution be subject to any Federal or State income

tax. Following any distribution of property

made under the provisions of this subchapter,

such property and income derived therefrom by

the distributee shall be subject to the same

taxes, State and Federal as in the case of nonIndians: Provided, That for the purpose of capital

gains or losses the base value of the property

shall be the value of the property when distributed to the grantee.

(Pub. L. 87–629, §8, Sept. 5, 1962, 76 Stat. 430.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 971 of this title.

§ 979. Expenses; appropriation authorization

Such amounts of tribal funds as may be needed to meet the expenses of the tribe under this

subchapter, as approved by the Secretary of the

Interior, shall be available for expenditure.

There is authorized to be appropriated out of

any moneys in the Treasury not otherwise appropriated such sums as may be necessary to reimburse the tribe for such expenditures, and

carry out the responsibilities of the Secretary

under the provisions of this subchapter.

(Pub. L. 87–629, §9, Sept. 5, 1962, 76 Stat. 430.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 971 of this title.

§ 980. Termination of Federal trust; publication;

termination of Federal services; application

of Federal and State laws; citizenship status

unaffected

When the distribution of tribal assets in accordance with the provisions of this subchapter

has been completed, the Secretary of the Interior shall publish in the Federal Register a proclamation declaring that the Federal trust relationship to such tribe and its members has terminated. Thereafter, the tribe and its members

shall not be entitled to any of the special services performed by the United States for Indians

or Indian tribes because of their Indian status,

all statutes of the United States that affect Indians or Indian tribes because of their Indian

status shall be inapplicable to them, and the

laws of the several States shall apply to them in

the same manner they apply to other persons or

citizens within their jurisdiction. Nothing in

this subchapter, however, shall affect the status

of any Indian as a citizen of the United States.

(Pub. L. 87–629, §10, Sept. 5, 1962, 76 Stat. 431.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 971 of this title.

SUBCHAPTER XLVI–A—PONCA TRIBE OF

NEBRASKA: RESTORATION OF RIGHTS

AND PRIVILEGES

§ 983. Definitions

For purposes of this subchapter—

(1) The term ‘‘Tribe’’ means the Ponca Tribe

of Nebraska.

(2) The term ‘‘Secretary’’ means the Secretary of the Interior or the designated representative of the Secretary of the Interior.

(3) The term ‘‘Interim Council’’ means the

Board of Directors of the Northern Ponca Restoration Committee, Inc.

(4) The term ‘‘member’’ means a person who

is enrolled on the membership roll of the Tribe

of June 10, 1965, that was compiled by the Bureau of Indian Affairs or is entitled to be enrolled as a member of the Tribe under section

983e of this title.

(5) The term ‘‘State’’ means the State of Nebraska.

(Pub. L. 101–484, §2, Oct. 31, 1990, 104 Stat. 1167.)

SHORT TITLE

Section 1 of Pub. L. 101–484 provided that: ‘‘This Act

[enacting this subchapter] may be cited as the ‘Ponca

Restoration Act’.’’

§ 983a. Federal recognition

Federal recognition is hereby extended to the

Ponca Tribe of Nebraska. All Federal laws of
Page 345 TITLE 25—INDIANS § 983e

general application to Indians and Indian tribes

(including the Act of June 18, 1934 (48 Stat. 984;

25 U.S.C. 461, et seq.), popularly known as the Indian Reorganization Act) shall apply with respect to the Tribe and to the members.

(Pub. L. 101–484, §3, Oct. 31, 1990, 104 Stat. 1167.)

REFERENCES IN TEXT

Act of June 18, 1934, referred to in text, 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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 983 of this title.

§ 983b. Restoration of rights

(a) Rights abrogated or diminished

All rights and privileges of the Tribe which

may have been abrogated or diminished before

October 31, 1990, by reason of any provision of

Public Law 87–629 [25 U.S.C. 971 et seq.] are hereby restored and such law shall no longer apply

with respect to the Tribe or the members.

(b) Rights existing prior to restoration

Nothing in this subchapter may be construed

to diminish any rights or privileges of the Tribe,

or of the members, that exist prior to October

31, 1990.

(c) Acceptance by Secretary of real property

transferred for benefit of Tribe; exemption

from taxation

The Secretary shall accept not more than 1,500

acres of any real property located in Knox or

Boyd Counties, Nebraska, that is transferred to

the Secretary for the benefit of the Tribe. Such

real property shall be accepted by the Secretary

(subject to any rights, liens, or taxes that exist

prior to the date of such transfer) in the name

of the United States in trust for the benefit of

the Tribe and shall be exempt from all taxes imposed by the Federal Government or any State

or local government after such transfer. The

Secretary may accept any additional acreage in

Knox or Boyd Counties pursuant to his authority under the Act of June 18, 1934 (25 U.S.C. 461

et seq.).

(d) Effect on existing rights and obligations

Except as otherwise specifically provided in

any other provision of this subchapter, nothing

in this subchapter may be construed as altering

or affecting—

(1) any rights or obligations with respect to

property,

(2) any rights or obligations under any contract,

(3) any hunting, fishing, trapping, gathering,

or water rights of the Tribe or the members,

or

(4) any obligation to pay a tax levied before

October 31, 1990.

(e) Reservation status

Reservation status shall not be granted any

land acquired by or for the Tribe.

(Pub. L. 101–484, §4, Oct. 31, 1990, 104 Stat. 1167.)

REFERENCES IN TEXT

Public Law 87–629, referred to in subsec. (a), is Pub. L.

87–629, Sept. 5, 1962, 76 Stat. 429, which is classified generally to subchapter XLVI (§971 et seq.) of this chapter.

For complete classification of this Act to the Code, see

Tables.

Act of June 18, 1934, referred to in subsec. (c), 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.

§ 983c. Services

Notwithstanding any other provision of law,

the Tribe and its members shall be eligible, on

or after October 31, 1990, for all Federal services

and benefits furnished to federally recognized

tribes without regard to the existence of a reservation for the Tribe. In the case of Federal

services available to members of federally recognized tribes residing on or near a reservation,

members of the Tribe residing in Sarpy, Burt,

Platte, Stanton, Holt, Hall, Wayne, Knox, Boyd,

Madison, Douglas, or Lancaster Counties of Nebraska, Woodbury or Pottawattomie Counties of

Iowa, or Charles Mix County of South Dakota

shall be deemed to be residing on or near a reservation.

(Pub. L. 101–484, §5, Oct. 31, 1990, 104 Stat. 1168;

Pub. L. 104–109, §12, Feb. 12, 1996, 110 Stat. 765.)

AMENDMENTS

1996—Pub. L. 104–109 inserted ‘‘Sarpy, Burt, Platte,

Stanton, Holt, Hall, Wayne,’’ before ‘‘Knox’’ and substituted ‘‘, Woodbury or Pottawattomie Counties of

Iowa, or Charles Mix County’’ for ‘‘or Charles Mix

County’’.

§ 983d. Interim government

Until such time as a constitution for the Tribe

is adopted in accordance with section 983f(a) of

this title and tribal officials are elected under

section 983f(b) of this title, the Tribe shall be

governed by the Interim Council.

(Pub. L. 101–484, §6, Oct. 31, 1990, 104 Stat. 1168.)

§ 983e. Membership roll

(a) Accuracy pending adoption of tribal constitution

Until a tribal constitution is adopted in accordance with section 983f of this title, the Interim Council shall take such measures as will

insure the continuing accuracy of the membership roll of the Tribe.

(b) Eligibility pending adoption of tribal constitution; appeal of exclusion

(1) Until a tribal constitution is adopted in accordance with section 983f of this title, an individual shall be eligible for membership in the

Tribe, and the name of the individual shall be

placed on the membership roll of the Tribe, if—

(A) the individual is living and is not an enrolled member of another Indian tribe that is

recognized by the Federal Government, and

(B) the individual—

(i) was listed on the tribal membership roll

of June 18, 1965, that was compiled by the

Bureau of Indian Affairs,

(ii) notwithstanding the application or appeal deadline dates, was entitled to be listed

on the membership roll of June 18, 1965, that

was compiled by the Bureau of Indian Affairs, but was not listed, or