dreamproit/uscode huggingface dataset:
25 U.S.C. § 973 (INDIANS)
§ 973. Distribution of assets
(a) Tribal assets; time limitation
All property of the United States used for the benefit of the Ponca Tribe of Native Americans of Nebraska is declared to be a part of the assets of the tribe, and all of the tribe’s assets shall be distributed in accordance with the provisions of this section. The distribution shall be completed within three years from September 5, 1962, or as soon thereafter as practicable.
(b) Designation of property for church, park, playground, or cemetery
The tribe shall designate any part of the tribe’s property that is to be set aside for church, park, playground, or cemetery purposes, and the Secretary is authorized to convey such property to trustees or agencies designated by the tribe for that purpose and approved by the Secretary.
(c) Homesites; market value; improvements
Each member may select for homesite purposes and receive title to not to exceed five acres of tribal land that is being used for homesite purposes by such member. The member shall pay the current market value of the homesite selection excluding any improvements or repairs constructed by such member, his wife, children, or ancestor, as determined by the Secretary of the Interior.
(d) Sale of assets not selected; bidding
All assets of the tribe that are not selected and conveyed to members shall be sold by competitive bid at not less than the current market value, and any member shall have the right to purchase property offered for sale for a price not less than the highest acceptable bid therefor. If more than one member exercises such right, the property shall be sold to the member exercising the right who offers the highest price.
(e) Proceeds and tribal funds for payment of tribal debts; distributive share; set off; member purchases of tribal property
The net proceeds of all sales of tribal property, and all other tribal funds, shall be used to pay, as authorized by the Secretary, any debts of the tribe. The remainder of such proceeds and funds shall be divided equally among the members whose names are on the final roll, or their heirs or legatees. Any debt owed by a member, heir, or legatee to the tribe or to the United States may be set off as authorized by the Secretary against the distributive share of such person. Any member of the tribe who purchases tribal property in accordance with this section may apply on the purchase price his share of the proceeds of all sales of tribal property, and the Secretary of the Interior shall adopt sales procedures that permit such action.
(Pub. L. 87–629, § 3, Sept. 5, 1962, 76 Stat. 429.)
25 U.S.C. § 974 (INDIANS)
§ 974. Sale of trust lands
(a) Requisite owners’ request; time limitation; bidding; member purchases; reservation of mineral rights; representation of minors, incompetents and missing owners
The Secretary of the Interior is authorized to partition or to sell the complete interest (including any unrestricted interest) in any land in which an undivided interest is owned by a member of the Ponca Tribe of Native Americans of Nebraska in a trust or restricted status, provided the partition or sale is requested by the owners of a 25 per centum interest in the land, and the partition or sale is made within three years from September 5, 1962. Any such sale shall be by competitive bid, except that with the concurrence of the owners of a 25 per centum interest in the land any owner of an interest in the land shall have the right to purchase the land within a reasonable time fixed by the Secretary of the Interior prior to a competitive sale at not less than its current market value. If more than one preference right is exercised, the sale shall be by competitive bid limited to the persons entitled to a preference. If the owners of a 25 per centum interest in the land so request, mineral rights may be reserved to the owners in an unrestricted status. The Secretary of the Interior may represent for the purposes of this section any Indian owner who is a minor, or who is non compos mentis, and, after giving reasonable notice of the proposed partition or sale by publication, he may represent an Indian owner who cannot be located.
(b) Removal of restrictions; title to lands
All restrictions on the alienation or taxation of interests in land that are owned by members of the Ponca Tribe of Native Americans of Nebraska three years after September 5, 1962 shall be deemed removed by operation of law, and an unrestricted title shall be vested in each such member.
(Pub. L. 87–629, § 4, Sept. 5, 1962, 76 Stat. 430.)
25 U.S.C. § 975 (INDIANS)
§ 975. Land surveys and execution of conveyances by Secretary; title of grantee
The Secretary of the Interior is authorized to make such land surveys and to execute such conveyancing instruments as he deems necessary to convey marketable and recordable title to the individual and tribal assets disposed of pursuant to this subchapter. Each grantee shall receive an unrestricted title to the property conveyed.
(Pub. L. 87–629, § 5, Sept. 5, 1962, 76 Stat. 430.)
25 U.S.C. § 978 (INDIANS)
§ 978. Taxes; initial exemption; taxes following distribution; valuation for capital gains or losses
No property distributed under the provisions of this subchapter shall at the time of distribution be subject to any Federal or State income tax. Following any distribution of property made under the provisions of this subchapter, such property and income derived therefrom by the distributee shall be subject to the same taxes, State and Federal as in the case of non-Indians: Provided, That for the purpose of capital gains or losses the base value of the property shall be the value of the property when distributed to the grantee.
(Pub. L. 87–629, § 8, Sept. 5, 1962, 76 Stat. 430.)
25 U.S.C. § 979 (INDIANS)
§ 979. Expenses; appropriation authorization
Such amounts of tribal funds as may be needed to meet the expenses of the tribe under this subchapter, as approved by the Secretary of the Interior, shall be available for expenditure. There is authorized to be appropriated out of any moneys in the Treasury not otherwise appropriated such sums as may be necessary to reimburse the tribe for such expenditures, and carry out the responsibilities of the Secretary under the provisions of this subchapter.
(Pub. L. 87–629, § 9, Sept. 5, 1962, 76 Stat. 430.)
25 U.S.C. § 980 (INDIANS)
§ 980. Termination of Federal trust; publication; termination of Federal services; application of Federal and State laws; citizenship status unaffected
When the distribution of tribal assets in accordance with the provisions of this subchapter has been completed, the Secretary of the Interior shall publish in the Federal Register a proclamation declaring that the Federal trust relationship to such tribe and its members has terminated. Thereafter, the tribe and its members shall not be entitled to any of the special services performed by the United States for Indians or Indian tribes because of their Indian status, all statutes of the United States that affect Indians or Indian tribes because of their Indian status shall be inapplicable to them, and the laws of the several States shall apply to them in the same manner they apply to other persons or citizens within their jurisdiction. Nothing in this subchapter, however, shall affect the status of any Indian as a citizen of the United States.
(Pub. L. 87–629, § 10, Sept. 5, 1962, 76 Stat. 431.)
25 U.S.C. § 983 (INDIANS)
§ 983. Definitions
For purposes of this subchapter—
(1) The term “Tribe” means the Ponca Tribe of Nebraska.
(2) The term “Secretary” means the Secretary of the Interior or the designated representative of the Secretary of the Interior.
(3) The term “Interim Council” means the Board of Directors of the Northern Ponca Restoration Committee, Inc.
(4) The term “member” means a person who is enrolled on the membership roll of the Tribe of June 10, 1965, that was compiled by the Bureau of Indian Affairs or is entitled to be enrolled as a member of the Tribe under section 983e of this title.
(5) The term “State” means the State of Nebraska.
(Pub. L. 101–484, § 2, Oct. 31, 1990, 104 Stat. 1167.)
heading: Short Title
text: Pub. L. 101–484, § 1, Oct. 31, 1990, 104 Stat. 1167, provided that: “This Act [enacting this subchapter] may be cited as the ‘Ponca Restoration Act’.”
25 U.S.C. § 983a (INDIANS)
§ 983a. Federal recognition
Federal recognition is hereby extended to the Ponca Tribe of Nebraska. All Federal laws of 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.)
heading: References in Text
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.
25 U.S.C. § 983b (INDIANS)
§ 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.)
heading: References in Text
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.
25 U.S.C. § 983c (INDIANS)
§ 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.)
heading: Amendments
text: 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”.
25 U.S.C. § 983d (INDIANS)
§ 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.)
25 U.S.C. § 983e (INDIANS)
§ 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
(iii) is a lineal descendant of an individual, living or deceased, who is described in clause (i) or (ii).
(2) Any individual who is excluded from the membership roll of the Tribe by the Interim Council may appeal to the Secretary for a determination of the eligibility of the individual for membership in the Tribe. Such determination by the Secretary shall be final. The Interim Council shall include on the membership roll any such individual that the Secretary determines in such an appeal to be eligible for membership in the Tribe.
(c) Constitution as governing
After adoption of a tribal constitution in accordance with section 983f of this title, the constitution of the Tribe shall govern membership in the Tribe.
(Pub. L. 101–484, § 7, Oct. 31, 1990, 104 Stat. 1168.)
25 U.S.C. § 983f (INDIANS)
§ 983f. Tribal constitution
(a) Adoption by secret ballot; absentee balloting
Upon the completion of the tribal membership roll and upon the written request of the Interim Council, the Secretary shall conduct, by secret ballot, an election to adopt a constitution for the Tribe. Such constitution shall be submitted by the Interim Council to the Secretary no later than 1 year following October 31, 1990. Absentee balloting shall be permitted regardless of voter residence. In every other regard, the election shall be held according to section 476 of this title.
(b) Election of tribal officials
Not later than 120 days after the Tribe adopts a tribal constitution, the Secretary shall conduct an election by secret ballot for the purpose of electing tribal officials as provided in the constitution. Said election shall be conducted according to the procedures stated in subsection (a) of this section except to the extent that said procedures conflict with the tribal constitution.
(c) Governing body treated as Indian tribal government for purposes of taxation
Notwithstanding any other provision of law, the governing body of the Tribe established under the constitution of the Tribe that is adopted under subsection (a) of this section shall be treated as an Indian tribal government for purposes of title 26.
(Pub. L. 101–484, § 8, Oct. 31, 1990, 104 Stat. 1169.)
25 U.S.C. § 983h (INDIANS)
§ 983h. Economic development plan
(a) Establishment; submittal to Congress
The Secretary shall—
(1) enter into negotiations with the governing body of the Tribe to establish a plan for economic development for the Tribe;
(2) in accordance with this section, establish such a plan; and
(3) upon the approval of such plan by the governing body of the Tribe (and after consultation with the State and local officials pursuant to subsection (b) of this section), shall 1 submit such plan to the Congress by no later than the date that is 3 years after October 31, 1990.
(b) Consultation with State and local officials
(1) To ensure that legitimate State and local interests are not prejudiced by the economic development plan established under subsection (a) of this section, the Secretary shall notify and consult with the appropriate officials of the State and all appropriate local governmental officials in the State with respect to the proposed economic development plan. The Secretary shall provide complete information on the proposed economic development plan to such officials, including the restrictions imposed on such plan by subsection (c) of this section.
(2) During any consultation by the Secretary under this subsection, the Secretary shall provide such information as the Secretary may possess and shall request comments and additional information on the extent of any State or local service to the Tribe.
(c) Required provisions
Any economic development plan established by the Secretary under subsection (a) of this section shall provide that—
(1) real property acquired by or for the Tribe located in Knox or Boyd Counties, Nebraska, shall be taken by the Secretary in the name of the United States in trust for the benefit of the Tribe;
(2) any real property taken in trust by the Secretary pursuant to such plan shall be subject to—
(A) all legal rights and interests in such land held by any person at the time of acquisition of such land by the Secretary, including any lien, mortgage, or previously levied and outstanding State or local tax, and
(B) foreclosure or sale in accordance with the laws of the State of Nebraska pursuant to the terms of any valid obligation in existence at the time of the acquisition of such land by the Secretary; and
(3) any real property transferred pursuant to such plan shall be exempt from Federal, State, and local taxation of any kind.
(d) Statement regarding individuals consulted, and testimony or comments received by Secretary
The Secretary shall append to the economic development plan submitted to the Congress under subsection (a) of this section a detailed statement—
(1) naming each individual consulted in accordance with subsection (b) of this section;
(2) summarizing the testimony received by the Secretary pursuant to any such consultation; and
(3) including any written comments or reports submitted to the Secretary by any individual named in paragraph (1).
(Pub. L. 101–484, § 10, Oct. 31, 1990, 104 Stat. 1169; Pub. L. 102–497, § 2, Oct. 24, 1992, 106 Stat. 3255.)
heading: Amendments
text: 1992—Subsec. (a)(3). Pub. L. 102–497 substituted “3 years” for “2 years”.
25 U.S.C. § 991 (INDIANS)
§ 991. Per capita payments to tribal members; closure of rolls; appropriations; accrued interest; deductions
The Secretary of the Interior is authorized and directed to distribute per capita to all persons whose names appear on the rolls of the Cherokee Nation, which rolls were closed and made final as of March 4, 1907, pursuant to the Act of April 26, 1906 (34 Stat. 137), and subsequent additions thereto, all funds which were appropriated by the Act of September 30, 1961 (75 Stat. 733), in satisfaction of a judgment that was obtained by the Cherokee Tribe in the Indian Claims Commission against the United States in docket numbered 173, together with the interest accrued thereon, except $1,432,084.17 which by stipulation of the parties has been set aside for the payments of any offsets that are finally determined to be due the United States, and except the amount allowed for attorney fees and expenses.
(Pub. L. 87–775, § 1, Oct. 9, 1962, 76 Stat. 776.)
heading: References in Text
text: Act of April 26, 1906, referred to in text, is act Apr. 26, 1906, ch. 1876, 34 Stat. 137, which is set out as a note under section 355 of this title.
Act of September 30, 1961, referred to in text, is act Sept. 30, 1961, Pub. L. 87–322, 75 Stat. 733. That portion of the act which appropriated the funds referred to was not classified to the Code.
The Indian Claims Commission, referred to in text, terminated Sept. 30, 1978. See Codification note set out under former section 70 et seq. of this title.
25 U.S.C. § 992 (INDIANS)
§ 992. Payments to adults, heirs or legatees; shares under certain amounts to revert to tribe; protection of minors and persons under legal disability
(a) Except as provided in subsections (b) and (c) of this section, a share or proportional share payable to a living adult shall be paid directly to such adult; (b) a share payable to a deceased enrollee shall be distributed to his heirs or legatees upon the filing of proof of death and inheritance satisfactory to the Secretary of the Interior, or his authorized representative, whose findings and determinations upon such proof shall be final and conclusive: Provided, That proportional shares of deceased heirs amounting to $10 or less shall not be distributed, and no inherited share amounting to $5 or less shall be paid, and the money shall revert to the tribe; (c) a share or proportional share payable to a person under twenty-one years of age or to a person under legal disability shall be paid in accordance with such procedures as the Secretary determines will adequately protect the best interests of such persons.
(Pub. L. 87–775, § 2, Oct. 9, 1962, 76 Stat. 776.)
25 U.S.C. § 993 (INDIANS)
§ 993. Claims
(a) Time for filing; reversion of funds upon failure to file
All claims for per capita shares, whether by a living enrollee or by the heirs or legatees of a deceased enrollee, shall be filed with the Area Director of the Bureau of Indian Affairs, Muskogee, Oklahoma, not later than three years from October 9, 1962. Thereafter, all claims and the right to file same shall be forever barred and the unclaimed shares shall revert to the tribe.
(b) Use of reverted funds
Tribal funds that revert to the tribe pursuant to this subchapter, including interest and income therefrom, may be advanced or expended for any purpose that is authorized by the principal chief of the Cherokee Nation and approved by the Secretary of the Interior.
(Pub. L. 87–775, § 3, Oct. 9, 1962, 76 Stat. 776.)
25 U.S.C. § 995 (INDIANS)
§ 995. Payments not subject to liens, debts, or claims; exception
No part of any of the funds which may be so distributed shall be subject to any lien, debt, or claim of any nature whatsoever against the tribe or individual Indians except delinquent debts owed by the tribe to the United States, or owed by individual Indians to the tribe or to the United States.
(Pub. L. 87–775, § 5, Oct. 9, 1962, 76 Stat. 776.)
25 U.S.C. § 996 (INDIANS)
§ 996. Payments not “other income and resources”
Payments made under this subchapter shall not be held to be “other income and resources”, as that term is used in sections 302(a)(10)(A), 602(a)(7),1 1202(a)(8), and 1352(a)(8) of title 42.
(Pub. L. 87–775, § 6, Oct. 9, 1962, 76 Stat. 776.)
heading: References in Text
text: Section 602 of title 42, referred to in text, was repealed and a new section 602 enacted by Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2112, and, as so enacted, subsec. (a)(7) no longer contains the term “other income and resources”.