Page 345 TITLE 25—INDIANS § 983e

general application to Indians and Indian tribes

(including the Act of June 18, 1934 (48 Stat. 984;

25 U.S.C. 461, et seq.), popularly known as the Indian Reorganization Act) shall apply with respect to the Tribe and to the members.

(Pub. L. 101–484, §3, Oct. 31, 1990, 104 Stat. 1167.)

REFERENCES IN TEXT

Act of June 18, 1934, referred to in text, 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 section 983 of this title.

§ 983b. Restoration of rights

(a) Rights abrogated or diminished

All rights and privileges of the Tribe which

may have been abrogated or diminished before

October 31, 1990, by reason of any provision of

Public Law 87–629 [25 U.S.C. 971 et seq.] are hereby restored and such law shall no longer apply

with respect to the Tribe or the members.

(b) Rights existing prior to restoration

Nothing in this subchapter may be construed

to diminish any rights or privileges of the Tribe,

or of the members, that exist prior to October

31, 1990.

(c) Acceptance by Secretary of real property

transferred for benefit of Tribe; exemption

from taxation

The Secretary shall accept not more than 1,500

acres of any real property located in Knox or

Boyd Counties, Nebraska, that is transferred to

the Secretary for the benefit of the Tribe. Such

real property shall be accepted by the Secretary

(subject to any rights, liens, or taxes that exist

prior to the date of such transfer) in the name

of the United States in trust for the benefit of

the Tribe and shall be exempt from all taxes imposed by the Federal Government or any State

or local government after such transfer. The

Secretary may accept any additional acreage in

Knox or Boyd Counties pursuant to his authority under the Act of June 18, 1934 (25 U.S.C. 461

et seq.).

(d) Effect on existing rights and obligations

Except as otherwise specifically provided in

any other provision of this subchapter, nothing

in this subchapter may be construed as altering

or affecting—

(1) any rights or obligations with respect to

property,

(2) any rights or obligations under any contract,

(3) any hunting, fishing, trapping, gathering,

or water rights of the Tribe or the members,

or

(4) any obligation to pay a tax levied before

October 31, 1990.

(e) Reservation status

Reservation status shall not be granted any

land acquired by or for the Tribe.

(Pub. L. 101–484, §4, Oct. 31, 1990, 104 Stat. 1167.)

REFERENCES IN TEXT

Public Law 87–629, referred to in subsec. (a), is Pub. L.

87–629, Sept. 5, 1962, 76 Stat. 429, which is classified generally to subchapter XLVI (§971 et seq.) of this chapter.

For complete classification of this Act to the Code, see

Tables.

Act of June 18, 1934, referred to in subsec. (c), 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.

§ 983c. Services

Notwithstanding any other provision of law,

the Tribe and its members shall be eligible, on

or after October 31, 1990, for all Federal services

and benefits furnished to federally recognized

tribes without regard to the existence of a reservation for the Tribe. In the case of Federal

services available to members of federally recognized tribes residing on or near a reservation,

members of the Tribe residing in Sarpy, Burt,

Platte, Stanton, Holt, Hall, Wayne, Knox, Boyd,

Madison, Douglas, or Lancaster Counties of Nebraska, Woodbury or Pottawattomie Counties of

Iowa, or Charles Mix County of South Dakota

shall be deemed to be residing on or near a reservation.

(Pub. L. 101–484, §5, Oct. 31, 1990, 104 Stat. 1168;

Pub. L. 104–109, §12, Feb. 12, 1996, 110 Stat. 765.)

AMENDMENTS

1996—Pub. L. 104–109 inserted ‘‘Sarpy, Burt, Platte,

Stanton, Holt, Hall, Wayne,’’ before ‘‘Knox’’ and substituted ‘‘, Woodbury or Pottawattomie Counties of

Iowa, or Charles Mix County’’ for ‘‘or Charles Mix

County’’.

§ 983d. Interim government

Until such time as a constitution for the Tribe

is adopted in accordance with section 983f(a) of

this title and tribal officials are elected under

section 983f(b) of this title, the Tribe shall be

governed by the Interim Council.

(Pub. L. 101–484, §6, Oct. 31, 1990, 104 Stat. 1168.)

§ 983e. Membership roll

(a) Accuracy pending adoption of tribal constitution

Until a tribal constitution is adopted in accordance with section 983f of this title, the Interim Council shall take such measures as will

insure the continuing accuracy of the membership roll of the Tribe.

(b) Eligibility pending adoption of tribal constitution; appeal of exclusion

(1) Until a tribal constitution is adopted in accordance with section 983f of this title, an individual shall be eligible for membership in the

Tribe, and the name of the individual shall be

placed on the membership roll of the Tribe, if—

(A) the individual is living and is not an enrolled member of another Indian tribe that is

recognized by the Federal Government, and

(B) the individual—

(i) was listed on the tribal membership roll

of June 18, 1965, that was compiled by the

Bureau of Indian Affairs,

(ii) notwithstanding the application or appeal deadline dates, was entitled to be listed

on the membership roll of June 18, 1965, that

was compiled by the Bureau of Indian Affairs, but was not listed, or