§ 903a TITLE 25—INDIANS Page 322

1So in original. Probably should be followed by a comma. 1See References in Text note below.

§ 903a. Federal recognition

(a) Extension; laws applicable

Notwithstanding the provisions of the Act of

June 17, 1954 (68 Stat. 250; 25 U.S.C. 891–902), as

amended, or any other law, Federal recognition

is hereby extended to the Menominee Indian

Tribe of Wisconsin and the provisions of the Act

of June 18, 1934 (48 Stat. 984; 25 U.S.C. 461 et

seq.), as amended, are made applicable to it.

(b) Repeal of provisions terminating Federal supervision; reinstatement of tribal rights and

privileges

The Act of June 17, 1954 (68 Stat. 250; 25 U.S.C.

891–902) as amended, is hereby repealed and

there are hereby reinstated all rights and privileges of the tribe or its members under Federal

treaty, statute, or otherwise which may have

been diminished or lost pursuant to such Act.

(c) Continuation of tribal rights and privileges

Nothing contained in this subchapter shall diminish any rights or privileges enjoyed by the

tribe or its members now or prior to June 17,

1954, under Federal treaty, statute, or otherwise,

which are now inconsistent with the provisions

of this subchapter.

(d) Continuation of property or contractual

rights or obligations and tax obligations

Except as specifically provided in this subchapter, nothing contained in this subchapter

shall alter any property rights or obligations,

any contractual rights or obligations, including

existing fishing rights, or any obligations for

taxes already levied.

(e) Grants for services entitled to upon Federal

recognition; terms and conditions; power of

Menominee Restoration Committee

In providing to the tribe such services to

which it may be entitled upon its recognition

pursuant to subsection (a) of this section, the

Secretary of the Interior and the Secretary of

Health and Human Services, as appropriate, are

authorized from funds appropriated pursuant to

section 13 of this title, the Act of August 5, 1954

(68 Stat. 674), as amended [42 U.S.C. 2001 et seq.],

or any other Act authorizing appropriations for

the administration of Indian affairs, upon the

request of the tribe and subject to such terms

and conditions as may be mutually agreed to, to

make grants and contract to make grants which

will accomplish the general purposes for which

the funds were appropriated. The Menominee

Restoration Committee shall have full authority

and capacity to be a party to receive such

grants 1 to make such contracts, and to bind the

tribal governing body as the successor in interest to the Menominee Restoration Committee:

Provided, however, That the Menominee Restoration Committee shall have no authority to bind

the tribe for a period of more than six months

after the date on which the tribal governing

body takes office.

(Pub. L. 93–197, §3, Dec. 22, 1973, 87 Stat. 770; Pub.

L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat.

695.)

REFERENCES IN TEXT

Act of June 17, 1954, referred to in subsecs. (a) and (b),

which was classified to subchapter XL (§891 et seq.) of

this chapter, was repealed by section 3(b) of Pub. L.

93–197, which is classified to subsec. (b) of this section.

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

Act of August 5, 1954, referred to in subsec. (e), is act

Aug. 5, 1954, ch. 658, 68 Stat. 674, as amended, which is

classified generally to subchapter I (§2001 et seq.) of

chapter 22 of Title 42, The Public Health and Welfare.

For complete classification of this Act to the Code, see

Tables.

CHANGE OF NAME

‘‘Secretary of Health and Human Services’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in text, pursuant to section 509(b) of Pub. L. 96–88

which is classified to section 3508(b) of Title 20, Education.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 903b of this title.

§ 903b. Menominee Restoration Committee

(a) Nomination and election of members; time

and procedure; ballot requirements; approval by Secretary; powers of Committee

Within fifteen days after December 22, 1973,

the Secretary shall announce the date of a general council meeting of the tribe to nominate

candidates for election to the Menominee Restoration Committee. Such general council meeting shall be held within thirty days of December

22, 1973. Within forty-five days of the general

council meeting provided for herein, the Secretary shall hold an election by secret ballot,

absentee balloting to be permitted, to elect the

membership of the Menominee Restoration

Committee from among the nominees submitted

to him from the general council meeting provided for herein. The ballots shall provide for

write-in votes. The Secretary shall approve the

Menominee Restoration Committee elected pursuant to this section if he is satisfied that the

requirements of this section relating to the

nominating and election process have been met.

The Menominee Restoration Committee shall

represent the Menominee people in the implementation of this subchapter and shall have no

powers other than those given to it in accordance with this subchapter. The Menominee Restoration Committee shall have no power or authority under this subchapter after the time

which the duly-elected tribal governing body

takes office: Provided, however, That this provision shall in no way invalidate or affect grants

or contracts made pursuant to the provisions of

section 903a(e) of this title.

(b) Eligible voters; notice by Secretary of nominating meeting and election

In the absence of a completed tribal roll prepared pursuant to subsection (c) of this section

and solely for the purposes of the general council meeting and the election provided for in subsection (a) of this section, all living persons on

the final roll of the tribe published under section 893 1 of this title, and all descendants, who