§ 1300m–3 TITLE 25—INDIANS Page 398

§ 1300m–3. Transfer of land to be held in trust

(a) Lands to be taken in trust

The Secretary shall accept any real property

located in Tehama County, California, for the

benefit of the Tribe if conveyed or otherwise

transferred to the Secretary if, at the time of

such conveyance or transfer, there are no adverse legal claims to such property, including

outstanding liens, mortgages, or taxes owned.

The Secretary may accept any additional acreage in the Tribe’s service area pursuant to the

authority of the Secretary under the Act of

June 18, 1934 (25 U.S.C. 461 et seq.).

(b) Lands to be part of reservation

Subject to the conditions imposed by this section, any real property conveyed or transferred

under this section shall be taken in the name of

the United States in trust for the Tribe and

shall be part of the Tribe’s reservation.

(Pub. L. 103–454, title III, §305, Nov. 2, 1994, 108

Stat. 4794.)

REFERENCES IN TEXT

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1300m, 1300m–2

of this title.

§ 1300m–4. Membership rolls

(a) Compilation of tribal membership roll

Within one year after November 2, 1994, the

Secretary shall, after consultation with the

Tribe, compile a membership roll of the Tribe.

(b) Criteria for membership

(1) Until a tribal constitution is adopted pursuant to section 1300m–6 of this title, an individual shall be placed on the membership roll if

such individual is living, is not an enrolled

member of another federally recognized Indian

tribe, is of Nomlaki Indian ancestry, and if—

(A) such individual’s name was listed on the

Paskenta Indian Rancheria distribution roll

compiled on February 26, 1959, by the Bureau

of Indian Affairs and approved by the Secretary of the Interior on July 7, 1959, pursuant

to Public Law 85–671;

(B) such individual was not listed on the

Paskenta Indian Rancheria distribution list,

but met the requirements that had to be met

to be listed on the Paskenta Indian Rancheria

list;

(C) such individual is identified as an Indian

from Paskenta in any of the official or unofficial rolls of Indians prepared by the Bureau of

Indian Affairs; or

(D) such individual is a lineal descendant of

an individual, living or dead, identified in subparagraph (A), (B), or (C).

(2) After adoption of a tribal constitution pursuant to section 1300m–6 of this title, such tribal

constitution shall govern membership in the

Tribe.

(c) Conclusive proof of Paskenta Indian ancestry

For the purpose of subsection (b) of this section, the Secretary shall accept any available

evidence establishing Paskenta Indian ancestry.

The Secretary shall accept as conclusive evidence of Paskenta Indian ancestry, information

contained in the census of the Indians in and

near Paskenta, prepared by Special Indian

Agent John J. Terrell, in any other roll or census of Paskenta Indians prepared by the Bureau

of Indian Affairs, and in the Paskenta Indian

Rancheria distribution list, compiled by the Bureau of Indian Affairs on February 26, 1959.

(Pub. L. 103–454, title III, §306, Nov. 2, 1994, 108

Stat. 4794.)

REFERENCES IN TEXT

Public Law 85–671, referred to in subsec. (b)(1)(A), is

Pub. L. 85–671, Aug. 18, 1958, 72 Stat. 619, which is not

classified to the Code.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1300m, 1300m–5,

1300m–6 of this title.

§ 1300m–5. Interim government

Until a new tribal constitution and bylaws are

adopted and become effective under section

1300m–6 of this title, the Tribe’s governing body

shall be an Interim Council. The initial membership of the Interim Council shall consist of the

members of the Tribal Council of the Tribe on

November 2, 1994, and the Interim Council shall

continue to operate in the manner prescribed for

the Tribal Council under the tribal constitution

adopted December 18, 1993. Any new members

filling vacancies on the Interim Council shall

meet the membership criteria set forth in section 1300m–4(b) of this title and be elected in the

same manner as are Tribal Council members

under the tribal constitution adopted December

18, 1993.

(Pub. L. 103–454, title III, §307, Nov. 2, 1994, 108

Stat. 4795.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1300m of this

title.

§ 1300m–6. Tribal constitution

(a) Election; time and procedure

Upon the completion of the tribal membership

roll under section 1300m–4(a) of this title and

upon the written request of the Interim Council,

the Secretary shall conduct, by secret ballot, an

election for the purpose of adopting a constitution and bylaws for the Tribe. The election shall

be held according to section 476 of this title, except that absentee balloting shall be permitted

regardless of voter residence.

(b) Election of tribal officials; procedures

Not later than 120 days after the Tribe adopts

a constitution and bylaws under subsection (a)

of this section, the Secretary shall conduct an

election by secret ballot for the purpose of electing tribal officials as provided in such tribal

constitution. Such election shall be conducted

according to the procedures specified in subsection (a) of this section except to the extent