Page 395 TITLE 25—INDIANS § 1300l–2

specific provision of this subchapter shall be applicable to the Tribe and its members.

(b) Restoration of rights and privileges

Except as provided in subsection (d) of this

section, all rights and privileges of the Tribe

and its members under any Federal treaty, Executive order, agreement, or statute, or under

any other authority which were diminished or

lost under the Act of August 18, 1958 (Public Law

85–671), are hereby restored and the provisions of

such Act shall be inapplicable to the Tribe and

its members after October 31, 1994.

(c) Federal services and benefits

Notwithstanding any other provision of law

and without regard to the existence of a reservation, the Tribe and its members shall be eligible,

on and after October 31, 1994, for all Federal

services and benefits furnished to federally recognized Indian tribes or their members. In the

case of Federal services available to members of

federally recognized Indian tribes residing on a

reservation, members of the Tribe residing in

the Tribe’s service area shall be deemed to be residing on a reservation.

(d) Hunting, fishing, trapping, and water rights

Nothing in this subchapter shall expand, reduce, or affect in any manner any hunting, fishing, trapping, gathering, or water right of the

Tribe and its members.

(e) Indian Reorganization Act applicability

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

shall be applicable to the Tribe and its members.

(f) Certain rights not altered

Except as specifically provided in this subchapter, nothing in this subchapter shall alter

any property right or obligation, any contractual right or obligation, or any obligation for

taxes levied.

(Pub. L. 103–434, title II, §202, Oct. 31, 1994, 108

Stat. 4533.)

REFERENCES IN TEXT

Act of August 18, 1958, referred to in subsec. (b), is

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

classified to the Code.

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

SHORT TITLE

Section 201 of title II of Pub. L. 103–434 provided that:

‘‘This title [enacting this subchapter] may be cited as

the ‘Auburn Indian Restoration Act’.’’

§ 1300l–1. Economic development

(a) Plan for economic development

The Secretary shall—

(1) enter into negotiations with the governing body of the Tribe with respect to establishing a plan for economic development for

the Tribe;

(2) in accordance with this section and not

later than 2 years after the adoption of a tribal constitution as provided in section 1300l–5 of

this title, develop such a plan; and

(3) upon the approval of such plan by the

governing body of the Tribe, submit such plan

to the Congress.

(b) Restrictions

Any proposed transfer of real property contained in the plan developed by the Secretary

under subsection (a) of this section shall be consistent with the requirements of section 1300l–2

of this title.

(Pub. L. 103–434, title II, §203, Oct. 31, 1994, 108

Stat. 4533; Pub. L. 104–109, §8(a), Feb. 12, 1996, 110

Stat. 764.)

AMENDMENTS

1996—Subsec. (a)(2). Pub. L. 104–109, §8(a)(1), made

technical amendment to reference to section 1300l–5 of

this title, to correct reference to corresponding section

of original act.

Subsec. (b). Pub. L. 104–109, §8(a)(2), made technical

amendment to reference to section 1300l–2 of this title,

to correct reference to corresponding section of original act.

§ 1300l–2. Transfer of land to be held in trust

(a) Lands to be taken in trust

The Secretary may accept any real property

located in Placer 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 on such property, including

outstanding liens, mortgages, or taxes owed.

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) Former trust lands of Auburn Rancheria

Subject to the conditions specified in this section, real property eligible for trust status under

this section shall include fee land held by the

White Oak Ridge Association, Indian owned fee

land held communally pursuant to the distribution plan prepared and approved by the Bureau

of Indian Affairs on August 13, 1959, and Indian

owned fee land held by persons listed as distributees or dependent members in such distribution plan or such distributees’ or dependent

members’ Indian heirs or successors in interest.

(c) 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 or, as

applicable, an individual member of the Tribe,

and shall be part of the Tribe’s reservation.

(Pub. L. 103–434, title II, §204, Oct. 31, 1994, 108

Stat. 4534; Pub. L. 104–122, Mar. 29, 1996, 110 Stat.

876.)

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.

AMENDMENTS

1996—Subsec. (a). Pub. L. 104–122 substituted ‘‘may’’

for ‘‘shall’’ in first sentence.