Page 379 TITLE 25—INDIANS § 1300h

States shall approve any deed or other instrument which conveys title to land within El Paso

or Hudspeth Counties, Texas, to the United

States to be held in trust by the Secretary for

the benefit of the tribe.

(e) Permanent improvements authorized

Notwithstanding any other provision of law or

rule of law, the Secretary or the tribe may erect

permanent improvements, improvements of substantial value, or any other improvement authorized by law on the reservation without regard to whether legal title to such lands has

been conveyed to the Secretary by the State or

the tribe.

(f) Civil and criminal jurisdiction within reservation

The State shall exercise civil and criminal jurisdiction within the boundaries of the reservation as if such State had assumed such jurisdiction with the consent of the tribe under sections

1321 and 1322 of this title.

(g) Acquisition of land by tribe after August 18,

1987

(1) Notwithstanding any other provision of

law, the Tribal Council may, on behalf of the

tribe—

(A) acquire land located within El Paso

County, or Hudspeth County, Texas, after August 18, 1987, and take title to such land in fee

simple, and

(B) lease, sell, or otherwise dispose of such

land in the same manner in which a private

person may do so under the laws of the State.

(2) At the written request of the Tribal Council, the Secretary may—

(A) accept conveyance to the Secretary by

the Tribal Council (on behalf of the tribe) of

title to any land located within El Paso County, or Hudspeth County, Texas, that is acquired by the Tribal Council in fee simple

after August 18, 1987, and

(B) hold such title, upon such conveyance by

the Tribal Council, in trust for the benefit of

the tribe.

(Pub. L. 100–89, title I, §105, Aug. 18, 1987, 101

Stat. 667.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1300g, 1300g–6 of

this title.

§ 1300g–5. Tiwa Indians Act repealed

The Tiwa Indians Act is hereby repealed.

(Pub. L. 100–89, title I, §106, Aug. 18, 1987, 101

Stat. 668.)

REFERENCES IN TEXT

The Tiwa Indians Act, referred to in text, is Pub. L.

90–287, Apr. 12, 1968, 82 Stat. 93, which was not classified

to the Code.

§ 1300g–6. Gaming activities

(a) In general

All gaming activities which are prohibited by

the laws of the State of Texas are hereby prohibited on the reservation and on lands of the tribe.

Any violation of the prohibition provided in this

subsection shall be subject to the same civil and

criminal penalties that are provided by the laws

of the State of Texas. The provisions of this subsection are enacted in accordance with the

tribe’s request in Tribal Resolution No.

T.C.–02–86 which was approved and certified on

March 12, 1986.

(b) No State regulatory jurisdiction

Nothing in this section shall be construed as a

grant of civil or criminal regulatory jurisdiction

to the State of Texas.

(c) Jurisdiction over enforcement against members

Notwithstanding section 1300g–4(f) of this

title, the courts of the United States shall have

exclusive jurisdiction over any offense in violation of subsection (a) of this section that is committed by the tribe, or by any member of the

tribe, on the reservation or on lands of the tribe.

However, nothing in this section shall be construed as precluding the State of Texas from

bringing an action in the courts of the United

States to enjoin violations of the provisions of

this section.

(Pub. L. 100–89, title I, §107, Aug. 18, 1987, 101

Stat. 668.)

§ 1300g–7. Tribal membership

(a) In general

The membership of the tribe shall consist of—

(1) the individuals listed on the Tribal Membership Roll approved by the tribe’s Resolution No. TC–5–84 approved December 18, 1984,

and approved by the Texas Indian Commission’s Resolution No. TIC–85–005 adopted on

January 16, 1985; and

(2) a descendant of an individual listed on

that Roll if the descendant—

(i) has 1

⁄8 degree or more of Tigua-Ysleta

del Sur Pueblo Indian blood, and

(ii) is enrolled by the tribe.

(b) Removal from tribal roll

Notwithstanding subsection (a) of this section—

(1) the tribe may remove an individual from

tribal membership if it determines that the individual’s enrollment was improper; and

(2) the Secretary, in consultation with the

tribe, may review the Tribal Membership Roll.

(Pub. L. 100–89, title I, §108, Aug. 18, 1987, 101

Stat. 669.)

SUBCHAPTER LXXIX—LAC VIEUX DESERT

BAND OF LAKE SUPERIOR CHIPPEWA

INDIANS

§ 1300h. Congressional findings

Congress finds that—

(1) the Lac Vieux Desert Band of Lake Superior Chippewa Indians, although currently recognized by the Federal Government as part of

the Keweenaw Bay Indian Community, has

historically existed, and continues to exist, as

a separate and distinct Indian tribe that is located over 75 miles from the Keweenaw Bay

Indian Community;

(2) the Lac Vieux Desert Band consists of approximately 250 members who continue to re-