§ 1300k–5 TITLE 25—INDIANS Page 394

fied by section 1300k–2(b) of this title pursuant

to his authority under the Act of June 18, 1934

(25 U.S.C. 461 et seq.; commonly referred to as

the ‘‘Indian Reorganization Act’’).

(d) Reservation

Subject to the conditions imposed by this section, the land acquired by or transferred to the

Secretary under or pursuant to this section

shall be taken in the name of the United States

in trust for the Bands and shall be a part of the

respective Bands’ reservation.

(Pub. L. 103–324, §6, Sept. 21, 1994, 108 Stat. 2158.)

REFERENCES IN TEXT

The Indian Reorganization Act, referred to in subsec.

(c), is act June 18, 1934, ch. 576, 48 Stat. 984, as amended,

which 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.

§ 1300k–5. Membership

Not later than 18 months after September 21,

1994, the Bands shall submit to the Secretary

membership rolls consisting of all individuals

currently enrolled for membership in such

Bands. The qualifications for inclusion on the

membership rolls of the Bands shall be determined by the membership clauses in such Bands’

respective governing documents, in consultation

with the Secretary. Upon completion of the

rolls, the Secretary shall immediately publish

notice of such in the Federal Register. The

Bands shall ensure that such rolls are maintained and kept current.

(Pub. L. 103–324, §7, Sept. 21, 1994, 108 Stat. 2159.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1300k–1 of this

title.

§ 1300k–6. Constitution and governing body

(a) Constitution

(1) Adoption

Not later than 24 months after September 21,

1994, the Secretary shall conduct, by secret

ballot, elections for the purposes of adopting

new constitutions for the Bands. The elections

shall be held according to the procedures applicable to elections under section 476 of this

title.

(2) Interim governing documents

Until such time as new constitutions are

adopted under paragraph (1), the governing

documents in effect on September 21, 1994,

shall be the interim governing documents for

the Bands.

(b) Officials

(1) Election

Not later than 6 months after the Bands

adopt constitutions and bylaws pursuant to

subsection (a) of this section, the Bands shall

conduct elections by secret ballot for the purpose of electing officials for the Bands as provided in the Bands’ respective governing constitutions. The elections shall be conducted

according to the procedures described in the

Bands’ constitutions and bylaws.

(2) Interim governments

Until such time as the Bands elect new officials pursuant to paragraph (1), the Bands’

governing bodies shall be those governing bodies in place on September 21, 1994, or any new

governing bodies selected under the election

procedures specified in the respective interim

governing documents of the Bands.

(Pub. L. 103–324, §8, Sept. 21, 1994, 108 Stat. 2159.)

§ 1300k–7. Membership list

(a) List of present membership

Not later than 120 days after September 21,

1994, the Bands shall submit to the Secretary a

list of all individuals who, as of September 21,

1994, were members of the respective Bands.

(b) List of individuals eligible for membership

(1) In general

Not later than 18 months after September 21,

1994, each of the Bands shall submit to the

Secretary a membership roll that contains the

names of all individuals that are eligible for

membership in such Band. Each such Band, in

consultation with the Secretary, shall determine whether an individual is eligible for

membership in the Band on the basis of provisions in the governing documents of the Band

that determine the qualifications for inclusion

in the membership roll of the Band.

(2) Publication of notice

At such time as the rolls have been submitted to the Secretary, the Secretary shall immediately publish in the Federal Register a

notice of such rolls.

(3) Maintenance of rolls

The Band shall ensure that the rolls are

maintained and kept current.

(Pub. L. 103–324, §9, as added Pub. L. 103–435, §21,

Nov. 2, 1994, 108 Stat. 4574; amended Pub. L.

104–109, §2(b), Feb. 12, 1996, 110 Stat. 763.)

AMENDMENTS

1996—Subsec. (a). Pub. L. 104–109, §2(b)(1), substituted

‘‘the Bands shall submit’’ for ‘‘the Band shall submit’’

and ‘‘members of the respective Bands’’ for ‘‘members

of the Band’’.

Subsec. (b)(1). Pub. L. 104–109, §2(b)(2), in first sentence substituted ‘‘each of the Bands shall submit to

the Secretary a membership roll that contains the

names of all individuals that are eligible for membership in such Band’’ for ‘‘the Band shall submit to the

Secretary membership rolls that contain the names of

all individuals eligible for membership in such Band’’

and in second sentence substituted ‘‘Each such Band, in

consultation’’ for ‘‘The Band, in consultation’’.

SUBCHAPTER LXXXIII—AUBURN INDIAN

RESTORATION

§ 1300l. Restoration of Federal recognition,

rights, and privileges

(a) Federal recognition

Notwithstanding any other provision of law,

Federal recognition is hereby extended to the

Tribe. Except as otherwise provided in this subchapter, all laws and regulations of general application to Indians or nations, tribes, or bands

of Indians that are not inconsistent with any