§ 713f TITLE 25—INDIANS Page 292

ancy, for purposes of enrollment, and (B) age,

for purposes of voting rights under subsection

(d) of this section, shall be made upon oath before the Secretary whose determination thereon

shall be final.

(2) After the election of the members of the Interim Council is held pursuant to section 713c(b)

of this title, but before the first election of the

members of the tribal governing body is held

pursuant to section 713d(d) of this title, the verification of descendancy and age shall be made

upon oath before the Interim Council, or its authorized representative. An individual may appeal the exclusion of his name from the membership roll of the tribe to the Secretary, who shall

make a final determination of each such appeal

within ninety days after such an appeal has been

filed with him. The determination of the Secretary with respect to such an appeal shall be

final.

(3) After the first election of the members of

the tribal governing body is held pursuant to

section 713d(d) of this title, the provisions of the

constitution and bylaws adopted in accordance

with section 713d(a) of this title shall govern the

verification of any requirements for membership

in the tribe. The Interim Council and the Secretary shall deliver their records and files and

any other material relating to the enrollment of

tribal members to such tribal governing body.

(4) Not less than sixty days before the election

under section 713d(a) of this title, the Secretary

shall publish in the Federal Register a certified

copy of the membership roll of the tribe as of

the date of such publication. Such membership

roll shall include the names of all individuals

who were enrolled by the Secretary, either directly under paragraph (1) or pursuant to an appeal under paragraph (2), and by the Interim

Council under paragraph (2).

(d) Voting rights of member

Each member who is eighteen years of age or

older shall be eligible to attend, participate in,

and vote at each general council meeting. Each

such member may nominate candidates for any

office, run for any office, and vote in any election of members to the Interim Council and to

such other tribal governing body as may be established under the constitution and bylaws

adopted in accordance with section 713d of this

title.

(Pub. L. 98–165, §7, Nov. 22, 1983, 97 Stat. 1067.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 713, 713a, 713c,

713d of this title.

§ 713f. Establishment of tribal reservation

(a) Plan for establishment of reservation

(1) Any reservation for the tribe shall be established by an Act of Congress enacted after

November 22, 1983.

(2) The Secretary shall enter into negotiations

with the tribal governing body with respect to

establishing a reservation for the tribe and, in

accordance with this section and within two

years of November 22, 1983, develop a plan for

the establishment of such a reservation. Upon

the approval of such plan by the tribal governing body (and after consultation with interested

parties pursuant to subsection (b) of this section), the Secretary shall submit such plan to

the Clerk of the House of Representatives and

the Secretary of the Senate for distribution to

the committees of the respective Houses of the

Congress with jurisdiction over the subject matter.

(b) Consultation with State and local officials required

To assure that legitimate State and local interests are not prejudiced by the proposed enlargement of the reservation, the Secretary

shall notify and consult all appropriate officials

of the State of Oregon, all appropriate local governmental officials in the State of Oregon, and

any other interested party in developing any

plan under subsection (a) of this section. The

Secretary shall provide complete information on

the proposed plan to such officials and interested parties, including the restrictions on such

proposed plan imposed by subsection (c) of this

section. During any consultation by the Secretary under this subsection, the Secretary shall

provide such information as he may possess, and

shall request comments and additional information, on the following subjects:

(1) The size and location of the proposed reservation.

(2) The anticipated effect of the establishment of the proposed reservation on State and

local expenditures and tax revenues.

(3) The extent of any State or local service

to the tribe, the reservation of the tribe, or

members after the establishment of the proposed reservation.

(4) The extent of Federal services to be provided in the future to the tribe, the reservation of the tribe, or members.

(5) The extent of service to be provided in

the future by the tribe to members residing on

or off the reservation.

(c) Restrictions on plan

Any plan developed by the Secretary under

subsection (a) of this section shall provide

that—

(1) any real property transferred by the tribe

or any member to the Secretary shall be taken

and held in the name of the United States for

the benefit of the tribe and shall be a part of

the reservation of the tribe;

(2) the establishment of the reservation shall

not grant or restore to the tribe or any member any hunting, fishing, or trapping right of

any kind on such reservation, including any

indirect or procedural right or advantage over

individuals who are not members of the tribe;

(3) the Secretary shall not accept any real

property in trust for the benefit of the tribe or

its members which is not located within the

political boundaries of Polk, Yamhill, or Tillamook County, Oregon;

(4) 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 existing at the time of the acquisition

of such land by the Secretary, including any

lien, mortgage, or previously levied and outstanding State or local tax, and
Page 293 TITLE 25—INDIANS § 714a

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

(B) foreclosure or sale in accordance with

the laws of the State of Oregon pursuant to

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

land by the Secretary;

(5) any real property transferred pursuant to

such plan shall be exempt from Federal, State,

and local taxation of any kind;

(6) the State of Oregon shall exercise criminal and civil jurisdiction over the reservation,

and over the individuals on the reservation, in

accordance with section 1162 of title 18 and

section 1360 of title 28, respectively; and

(7) any Federal real property transferred for

the benefit of the tribe, pursuant to any reservation plan developed under subsection (a)

of this section, shall come only from available

public lands administered under the Federal

Land Policy and Management Act of 1976 (43

U.S.C. 1701), and from lands held in trust by

the United States for the tribe or for individual Indians.

(d) Appendix to plan submitted to the Congress

The Secretary shall append to the plan submitted to the Congress under subsection (a) of

this section a detailed statement—

(1) describing the manner in which the Secretary notified all interested parties in accordance with subsection (b) of this section;

(2) naming each individual and official consulted in accordance with subsection (b) of

this section;

(3) summarizing the testimony received by

the Secretary pursuant to any such consultation; and

(4) including any written comments or reports submitted to the Secretary by any party

named in paragraph (2).

(Pub. L. 98–165, §8, Nov. 22, 1983, 97 Stat. 1068.)

REFERENCES IN TEXT

The Federal Land Policy and Management Act of

1976, referred to in subsec. (c)(7), is Pub. L. 94–579, Oct.

21, 1976, 90 Stat. 2743, as amended, which is classified

principally to chapter 35 (§1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the

Code, see Short Title note set out under section 1701 of

Title 43 and Tables.

CONFEDERATED TRIBES OF THE GRAND RONDE

COMMUNITY OF OREGON RESERVATION

Pub. L. 100–425, Sept. 9, 1988, 102 Stat. 1594, as amended by Pub. L. 100–581, title II, §202, Nov. 1, 1988, 102 Stat.

2939; Pub. L. 101–301, §4, May 24, 1990, 104 Stat. 207; Pub.

L. 102–497, §1, Oct. 24, 1992, 106 Stat. 3255; Pub. L.

103–263, §5(a), May 31, 1994, 108 Stat. 708; Pub. L. 103–435,

§2, Nov. 2, 1994, 108 Stat. 4566, established a reservation

for Confederated Tribes of the Grand Ronde Community of Oregon, specifying hunting, fishing, and trapping rights and vesting civil and criminal jurisdiction

in State of Oregon, directed treatment of certain lands

as revested Oregon and California railroad grant lands,

and provided economic development for the Tribes.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 713a, 713b of

this title.

§ 713g. Regulations

The Secretary may promulgate such regulations as may be necessary to carry out the provisions of this subchapter.

(Pub. L. 98–165, §9, Nov. 22, 1983, 97 Stat. 1070.)

SUBCHAPTER XXX–D—CONFEDERATED

TRIBES OF COOS, LOWER UMPQUA, AND

SIUSLAW INDIANS: RESTORATION OF

FEDERAL SUPERVISION

§ 714. Definitions

For the purposes of this subchapter—

(1) ‘‘Tribe’’ means the Confederated Tribes of

Coos, Lower Umpqua, and Siuslaw Indians;

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

Interior or his authorized representative;

(3) ‘‘Interim Council’’ means the tribal council of the Confederated Tribes of Coos, Lower

Umpqua, and Siuslaw Indians, which serves

pursuant to section 714c of this title; and

(4) ‘‘member’’ used with respect to the Tribe

means a person enrolled on the membership

roll of the Tribe provided for in section 714b of

this title.

(Pub. L. 98–481, §2, Oct. 17, 1984, 98 Stat. 2250.)

SHORT TITLE

Section 1 of Pub. L. 98–481 provided: ‘‘That this Act

[enacting this subchapter] may be cited as the ‘Coos,

Lower Umpqua, and Siuslaw Restoration Act’.’’

§ 714a. Extension of Federal recognition, rights,

and privileges

(a) Federal recognition

Federal recognition is hereby extended to the

Tribe, and its members shall be eligible for all

Federal services and benefits furnished to federally recognized tribes. Notwithstanding any provision to the contrary in any law establishing

such services and benefits, eligibility of the

Tribe and its members for such Federal services

and benefits shall become effective on October

17, 1984, without regard to the existence of a reservation for the Tribe or the residence of the

members of the Tribe on a reservation for such

members who reside in the following counties of

Oregon: Coos, Lane, Lincoln, Douglas, and

Curry.

(b) Restoration of rights and privileges

Except as provided in subscription1 (c) of this

section, all rights and privileges of the Tribe

and of members of the Tribe under any Federal

treaty, Executive order, agreement or statute,

or under any other authority, which were diminished or lost under the Act of August 13, 1954 (25

U.S.C. 691, et seq.), are hereby restored and the

provisions of that Act are inapplicable to the

Tribe and to members of the Tribe on October

17, 1984.

(c) Hunting, fishing, or trapping rights not granted or restored

This subchapter shall not grant or restore any

hunting, fishing, or trapping right of any nature, including any indirect or procedural right

or advantage, to any member of the Tribe, nor

shall any presumption be created by this subchapter as to the existence or nonexistence of

such rights.

(d) Effect on property rights and other obligations

Except as specifically provided in this subchapter, nothing in this subchapter shall alter