Page 295 TITLE 25—INDIANS § 715

1So in original. Probably should be capitalized.

1So in original. Probably should be capitalized.

(b) Preelection distribution of proposed constitution and bylaws and brief, impartial description; consultation by Interim Council with

members of Tribe

The Interim Council shall draft and distribute

to each member described in section 714b(d) of

this title, no later than thirty days before the

election under subsection (a) of this section, a

copy of the proposed constitution and bylaws of

the Tribe, as proposed by the Interim Council,

along with a brief, impartial description of the

constitution and bylaws. The members of the Interim Council may freely consult with members

of the Tribe, outside legal counsel and other

consultants concerning the text and description

of the constitution and bylaws, except that such

consultation may not be carried on within fifty

feet of the polling places on the date of the election.

(c) Majority vote necessary for adoption of constitution and bylaws

In any election held pursuant to subsection (a)

of this section, the vote of a majority of those

actually voting shall be necessary and sufficient

for the adoption of a tribal constitution and bylaws: Provided, That the total vote cast shall not

be less than thirty percent of those entitled to

vote.

(d) Election of tribal officials provided for in

constitution and bylaws; ballot requirements

Not later than one hundred and twenty days

after the tribe 1 adopts a constitution and bylaws, the Interim Council shall conduct an election by secret ballot for the purpose of electing

the individuals who will serve as tribal officials

as provided in the tribal constitution and bylaws. For the purpose of this election and notwithstanding any provision in the tribal constitution and bylaws to the contrary, absentee

balloting shall be permitted.

(Pub. L. 98–481, §6, Oct. 17, 1984, 98 Stat. 2252.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 714b, 714c of

this title.

§ 714e. Reservation

(a) Establishment

A reservation shall be established by this subchapter at no cost to the Federal Government.

(b) Legal description

So long as the lands are offered to the Federal

Government free of purchase cost, the Secretary

shall accept the following lands in trust for the

tribe 1 as a reservation:

(1) In Coos County, Oregon, a parcel containing 1.02 acres and described as parcel 3200 of

section 106B of township 25 south, range 12

west, Willamette meridian.

(2) In Coos County, Oregon, a parcel described as lots 10–18, block 13, Empire Commercial tracts K73 2K 81, A. N. Foley Donation

Land Claim Numbered 38, section 20 of township 25 south, range 13 west, Willamette meridian. The Secretary shall not accept this

parcel into trust until the date that is 1 year

after October 17, 1984. If before the end of the

ninety day period, a person or entity other

than the tribe 1 files a lawsuit in a court of

competent jurisdiction claiming an interest in

such parcel or portion thereof, the Secretary

shall not accept the parcel into trust until the

final adjudication of this lawsuit. Nothing in

this subchapter shall be construed to the prejudice of any parties to such lawsuit or be construed to prevent a court of competent jurisdiction from partitioning such parcel in the

adjudication of such lawsuit. Notwithstanding

any other provision of law, the United States

District Court for the District of Oregon shall

be deemed to have jurisdiction over any lawsuit filed to determine the rights to the above

described parcel of land.

(3) In Curry County, Oregon, a parcel described as the southeast quarter of the southeast quarter of the southwest quarter of section 11 of township 32 south, range 15 west,

Willamette meridian.

(c) State of Oregon; criminal and civil jurisdiction

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.

(Pub. L. 98–481, §7, Oct. 17, 1984, 98 Stat. 2253.)

§ 714f. Regulations

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

(Pub. L. 98–481, §8, Oct. 17, 1984, 98 Stat. 2254.)

SUBCHAPTER XXX–E—COQUILLE INDIAN

TRIBE OF OREGON: RESTORATION OF

FEDERAL SUPERVISION

§ 715. Definitions

For the purposes of this subchapter—

(1) ‘‘Tribe’’ means the Coquille Indian Tribe

consisting of the Upper Coquille and the

Lower Coquille Tribes of Indians;

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

Interior or his designated representative;

(3) ‘‘Interim Council’’ means the governing

body of the Coquille Tribe which serves pursuant to section 715f of this title;

(4) ‘‘Member’’ means those persons eligible

for enrollment under section 715e of this title

and after the adoption of a tribal constitution,

those persons added to the roll pursuant to

such constitution;

(5) ‘‘service area’’ means the area composed

of Coos, Curry, Douglas, Jackson, and Lane

Counties in the State of Oregon;

(6) ‘‘State’’ means the State of Oregon; and

(7) ‘‘Reservation’’ means those lands subsequently acquired and held in trust by the Secretary for the benefit of the Tribe.

(Pub. L. 101–42, §2, June 28, 1989, 103 Stat. 91.)

SHORT TITLE

Section 1 of Pub. L. 101–42 provided that: ‘‘This Act

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

Restoration Act’.’’