§ 1300j TITLE 25—INDIANS Page 390

1300i–8 of this title or such earlier date as may

be established by the adoption of a resolution

waiving such claims as provided in section

1300i–8(d)(2) of this title.

(c) Report to Congress

(1) The Secretary shall prepare and submit to

the Congress a report describing the final decision in any claim brought pursuant to subsection (b) of this section against the United

States or its officers, agencies, or instrumentalities.

(2) Such report shall be submitted no later

than 180 days after the entry of final judgment

in such litigation. The report shall include any

recommendations of the Secretary for action by

Congress, including, but not limited to, any supplemental funding proposals necessary to implement the terms of this subchapter and any

modifications to the resource and management

authorities established by this subchapter. Notwithstanding the provisions of section 2517 of

title 28, any judgment entered against the

United States shall not be paid for 180 days after

the entry of judgment; and, if the Secretary of

the Interior submits a report to Congress pursuant to this section, then payment shall be made

no earlier than 120 days after submission of the

report.

(Pub. L. 100–580, §14, Oct. 31, 1988, 102 Stat. 2936;

Pub. L. 101–301, §9(4), May 24, 1990, 104 Stat. 211;

Pub. L. 102–572, title IX, §902(b)(1), Oct. 29, 1992,

106 Stat. 4516.)

AMENDMENTS

1992—Subsec. (a). Pub. L. 102–572 substituted ‘‘United

States Court of Federal Claims’’ for ‘‘United States

Claims Court’’.

1990—Subsec. (a). Pub. L. 101–301 inserted at end ‘‘The

Yurok Transition Team, or any individual thereon,

shall not be named as a defendant or otherwise joined

in any suit in which a claim is made arising out of this

subsection.’’

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102–572 effective Oct. 29, 1992,

see section 911 of Pub. L. 102–572, set out as a note

under section 171 of Title 28, Judiciary and Judicial

Procedure.

SUBCHAPTER LXXXI—POKAGON BAND OF

POTAWATOMI INDIANS

§ 1300j. Findings

The Congress finds the following:

(1) The Pokagon Band of Potawatomi Indians is the descendant of, and political successor to, the signatories of the Treaty of Greenville 1795 (7 Stat. 49); the Treaty of Grouseland

1805 (7 Stat. 91); the Treaty of Spring Wells

1815 (7 Stat. 131); the Treaty of the Rapids of

the Miami of Lake Erie 1817 (7 Stat. 160); the

Treaty of St. Mary’s 1818 (7 Stat. 185); the

Treaty of Chicago 1821 (7 Stat. 218); the Treaty

of the Mississinewa on the Wabash 1826 (7 Stat.

295); the Treaty of St. Joseph 1827 (7 Stat. 305);

the Treaty of St. Joseph 1828 (7 Stat. 317); the

Treaty of Tippecanoe River 1832 (7 Stat. 399);

and the Treaty of Chicago 1833 (7 Stat. 431).

(2) In the Treaty of Chicago 1833, the

Pokagon Band of Potawatomi Indians was the

only band that negotiated a right to remain in

Michigan. The other Potawatomi bands relinquished all lands in Michigan and were required to move to Kansas or Iowa.

(3) Two of the Potawatomi bands later returned to the Great Lakes area, the Forest

County Potawatomi of Wisconsin and the Hannahville Indian Community of Michigan.

(4) The Hannahville Indian Community of

Michigan, the Forest County Potawatomi

Community of Wisconsin, the Prairie Band of

Potawatomi Indians of Kansas, and the Citizen

Band Potawatomi Indian Tribe of Oklahoma,

whose members are also descendants of the

signatories to one or more of the aforementioned treaties, have been recognized by the

Federal Government as Indian tribes eligible

to receive services from the Secretary of the

Interior.

(5) Beginning in 1935, the Pokagon Band of

Potawatomi Indians petitioned for reorganization and assistance pursuant to the Act of

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

referred to as the ‘‘Indian Reorganization

Act’’). Because of the financial condition of

the Federal Government during the Great Depression it relied upon the State of Michigan

to provide services to the Pokagon Band.

Other Potawatomi bands, including the Forest

County Potawatomi and the Hannahville Indian Community were provided services pursuant to the Indian Reorganization Act.

(6) Agents of the Federal Government in 1939

made an administrative decision not to provide services or extend the benefits of the Indian Reorganization Act [25 U.S.C. 461 et seq.]

to any Indian tribes in Michigan’s lower peninsula.

(7) Tribes elsewhere, including the Hannahville Indian Community in Michigan’s upper

peninsula, received services from the Federal

Government and were extended the benefits of

the Indian Reorganization Act [25 U.S.C. 461 et

seq.].

(8) The Pokagon Band of Potawatomi Indians consists of at least 1,500 members who continue to reside close to their ancestral homeland in the St. Joseph River Valley in southwestern Michigan and northern Indiana.

(9) In spite of the denial of the right to organize under the Indian Reorganization Act [25

U.S.C. 461 et seq.], the Pokagon Band has continued to carry out its governmental functions

through a Business Committee and Tribal

Council from treaty times until today.

(10) The United States Government, the government of the State of Michigan, and local

governments have had continuous dealings

with the recognized political leaders of the

Band from 1795 until the present.

(Pub. L. 103–323, §1, Sept. 21, 1994, 108 Stat. 2152.)

REFERENCES IN TEXT

The Indian Reorganization Act, referred to in pars.

(5) to (7) and (9), 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.

§ 1300j–1. Federal recognition

Federal recognition of the Pokagon Band of

Potawatomi Indians is hereby affirmed. Except
Page 391 TITLE 25—INDIANS § 1300j–7a

as otherwise provided in this subchapter, all

Federal laws of general application to Indians

and Indian tribes, including the Act of June 18,

1934 (25 U.S.C. 461 et seq.; commonly referred to

as the ‘‘Indian Reorganization Act’’), shall apply

with respect to the Band and its members.

(Pub. L. 103–323, §2, Sept. 21, 1994, 108 Stat. 2153.)

REFERENCES IN TEXT

The Indian Reorganization Act, referred to in text, 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.

§ 1300j–2. Services

Notwithstanding any other provision of law,

the Band and its members shall be eligible, on

and after September 21, 1994, for all Federal

services and benefits furnished to federally recognized Indian tribes without regard to the existence of a reservation for the Band or the location of the residence of any member on or near

an Indian reservation.

(Pub. L. 103–323, §3, Sept. 21, 1994, 108 Stat. 2153.)

§ 1300j–3. Tribal membership

Not later than 18 months after September 21,

1994, the Band shall submit to the Secretary

membership rolls consisting of all individuals

eligible for membership in such Band. The qualifications for inclusion on the membership rolls

of the Band shall be determined by the membership clauses in the Band’s 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. 103–323, §4, Sept. 21, 1994, 108 Stat. 2153.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1300j–8 of this

title.

§ 1300j–4. Constitution and governing body

(a) Constitution

(1) Adoption

Not later than 24 months after September 21,

1994, the Secretary shall conduct, by secret

ballot and in accordance with the provisions of

section 476 of this title, an election to adopt a

constitution and bylaws for the Band.

(2) Interim governing documents

Until such time as a new constitution is

adopted under paragraph (1), the governing

documents in effect on September 21, 1994,

shall be the interim governing documents for

the Band.

(b) Officials

(1) Election

Not later than 6 months after the Band

adopts a constitution and bylaws pursuant to

subsection (a) of this section, the Secretary

shall conduct elections by secret ballot for the

purpose of electing officials for the Band as

provided in the Band’s constitution. The election shall be conducted according to the procedures described in subsection (a) of this section, except to the extent that such procedures

conflict with the Band’s constitution.

(2) Interim government

Until such time as the Band elects new officials pursuant to paragraph (1), the Band’s

governing body shall be the governing body in

place on September 21, 1994, or any new governing body selected under the election procedures specified in the interim governing documents of the Band.

(Pub. L. 103–323, §5, Sept. 21, 1994, 108 Stat. 2154.)

§ 1300j–5. Tribal lands

The Band’s tribal land shall consist of all real

property, including the land upon which the

Tribal Hall is situated, now or on and after September 21, 1994, held by, or in trust for, the

Band. The Secretary shall acquire real property

for the Band. Any such real property shall be

taken by the Secretary in the name of the

United States in trust for the benefit of the

Band and shall become part of the Band’s reservation.

(Pub. L. 103–323, §6, Sept. 21, 1994, 108 Stat. 2154.)

§ 1300j–6. Service area

The Band’s service area shall consist of the

Michigan counties of Allegan, Berrien, Van

Buren, and Cass and the Indiana counties of La

Porte, St. Joseph, Elkhart, Starke, Marshall,

and Kosciusko.

(Pub. L. 103–323, §7, Sept. 21, 1994, 108 Stat. 2154.)

§ 1300j–7. Jurisdiction

The Band shall have jurisdiction to the full extent allowed by law over all lands taken into

trust for the benefit of the Band by the Secretary. The Band shall exercise jurisdiction over

all its members who reside within the service

area in matters pursuant to the Indian Child

Welfare Act of 1978 (25 U.S.C. 1901 et seq.), as if

the members were residing upon a reservation as

defined in that Act.

(Pub. L. 103–323, §8, Sept. 21, 1994, 108 Stat. 2154.)

REFERENCES IN TEXT

The Indian Child Welfare Act of 1978, referred to in

text, is Pub. L. 95–608, Nov. 8, 1978, 92 Stat. 3069, as

amended, which is classified principally to chapter 21

(§1901 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out

under section 1901 of this title and Tables.

§ 1300j–7a. Membership list

(a) List of members as of September 1994

Not later than 120 days after September 21,

1994, the Band shall submit to the Secretary a

list of all individuals who, as of September 21,

1994, were members of the Band.

(b) List of individuals eligible for membership

(1) In general

Not later than 18 months after September 21,

1994, the Band shall submit to the Secretary a

membership roll that contains the names of