dreamproit/uscode huggingface dataset:
25 U.S.C. § 1300l–3 (INDIANS)
§ 1300l–3. Membership rolls
(a) Compilation of tribal membership roll
Within 1 year after October 31, 1994, the Secretary shall, after consultation with the Tribe, compile a membership roll of the Tribe.
(b) Criteria for enrollments
(1) Until a tribal constitution is adopted pursuant to section 1300l–5 of this title, an individual shall be placed on the membership roll if the individual is living, is not an enrolled member of another federally recognized Indian tribe, is of United Auburn Indian Community ancestry, possesses at least one-eighth or more of Indian blood quantum, and if—
(A) the individual’s name was listed on the Auburn Indian Rancheria distribution roll compiled and approved by the Bureau of Indian Affairs on August 13, 1959, pursuant to Public Law 85–671;
(B) the individual was not listed on, but met the requirements that had to be met to be listed on, the Auburn Indian Rancheria distribution list compiled and approved by the Bureau of Indian Affairs on August 13, 1959, pursuant to Public Law 85–671; or
(C) the individual is a lineal descendant of an individual, living or dead, identified in subparagraph (A) or (B).
(2) After adoption of a tribal constitution pursuant to section 1300l–5 of this title, such tribal constitution shall govern membership in the Tribe, except that in addition to meeting any other criteria imposed in such tribal constitution, any person added to the membership roll shall be of United Auburn Indian Community ancestry and shall not be an enrolled member of another federally recognized Indian tribe.
(c) Conclusive proof of United Auburn Indian Community ancestry
For the purpose of subsection (b) of this section, the Secretary shall accept any available evidence establishing United Auburn Indian Community ancestry. The Secretary shall accept as conclusive evidence of United Auburn Indian Community ancestry information contained in the Auburn Indian Rancheria distribution list compiled by the Bureau of Indian Affairs on August 13, 1959.
(Pub. L. 103–434, title II, § 205, Oct. 31, 1994, 108 Stat. 4534.)
heading: References in Text
text: Public Law 85–671, referred to in subsec. (b)(1)(A), (B), is Pub. L. 85–671, Aug. 18, 1958, 72 Stat. 619, which is not classified to the Code.
25 U.S.C. § 1300l–4 (INDIANS)
§ 1300l–4. Interim government
Until a new tribal constitution and bylaws are adopted and become effective under section 1300l–5 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 Executive Council of the Tribe on October 31, 1994, and the Interim Council shall continue to operate in the manner prescribed for the Executive Council under the tribal constitution adopted July 20, 1991, as long as such constitution is not contrary to Federal law. Any new members filling vacancies on the Interim Council shall meet the enrollment criteria set forth in section 1300l–3(b) of this title and be elected in the same manner as are Executive Council members under the tribal constitution adopted July 20, 1991.
(Pub. L. 103–434, title II, § 206, Oct. 31, 1994, 108 Stat. 4535; Pub. L. 104–109, § 8(b), Feb. 12, 1996, 110 Stat. 765.)
heading: Amendments
text: 1996—Pub. L. 104–109 substituted “Interim Council shall meet” for “Interim council shall meet” in last sentence.
25 U.S.C. § 1300l–5 (INDIANS)
§ 1300l–5. Tribal constitution
(a) Election; time and procedure
Upon the completion of the tribal membership roll under section 1300l–3(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 that such procedures conflict with the tribal constitution.
(Pub. L. 103–434, title II, § 207, Oct. 31, 1994, 108 Stat. 4535.)
25 U.S.C. § 1300l–6 (INDIANS)
§ 1300l–6. Definitions
For purposes of this subchapter:
(1) The term “Tribe” means the United Auburn Indian Community of the Auburn Rancheria of California.
(2) The term “Secretary” means the Secretary of the Interior.
(3) The term “Interim Council” means the governing body of the Tribe specified in section 1300l–4 of this title.
(4) The term “member” means those persons meeting the enrollment criteria under section 1300l–3(b) of this title.
(5) The term “State” means the State of California.
(6) The term “reservation” means those lands acquired and held in trust by the Secretary for the benefit of the Tribe pursuant to section 1300l–2 of this title.
(7) The term “service area” means the counties of Placer, Nevada, Yuba, Sutter, El Dorado, and Sacramento, in the State of California.
(Pub. L. 103–434, title II, § 208, Oct. 31, 1994, 108 Stat. 4535.)
25 U.S.C. § 1300m (INDIANS)
§ 1300m. Definitions
For purposes of this subchapter:
(1) The term “Tribe” means the Paskenta Band of Nomlaki Indians of the Paskenta Rancheria of California.
(2) The term “Secretary” means the Secretary of the Interior.
(3) The term “Interim Council” means the governing body of the Tribe specified in section 1300m–5 of this title.
(4) The term “member” means an individual who meets the membership criteria under section 1300m–4(b) of this title.
(5) The term “State” means the State of California.
(6) The term “reservation” means those lands acquired and held in trust by the Secretary for the benefit of the Tribe pursuant to section 1300m–3 of this title.
(7) The term “service area” means the counties of Tehama and Glenn, in the State of California.
(Pub. L. 103–454, title III, § 302, Nov. 2, 1994, 108 Stat. 4793.)
heading: Short Title
text: Pub. L. 103–454, title III, § 301, Nov. 2, 1994, 108 Stat. 4793, provided that: “This title [enacting this subchapter] may be cited as the ‘Paskenta Band Restoration Act’.”
25 U.S.C. § 1300m–1 (INDIANS)
§ 1300m–1. Restoration of Federal recognition, rights, and privileges
(a) Federal recognition
Federal recognition is hereby extended to the Tribe. Except as otherwise provided in this subchapter, all laws and regulations of general application to Indians and nations, tribes, or bands of Indians that are not inconsistent with any 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; 72 Stat. 619), are hereby restored and the provisions of such Act shall be inapplicable to the Tribe and its members after November 2, 1994.
(c) Federal services and benefits
Without regard to the existence of a reservation, the Tribe and its members shall be eligible, on and after November 2, 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. 103–454, title III, § 303, Nov. 2, 1994, 108 Stat. 4793.)
heading: References in Text
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.
25 U.S.C. § 1300m–2 (INDIANS)
§ 1300m–2. 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 two years after the adoption of a tribal constitution as provided in section 1300m–6 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 1300m–3 of this title.
(Pub. L. 103–454, title III, § 304, Nov. 2, 1994, 108 Stat. 4794.)
25 U.S.C. § 1300m–3 (INDIANS)
§ 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.)
heading: References in Text
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.
25 U.S.C. § 1300m–4 (INDIANS)
§ 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.)
heading: References in Text
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.
25 U.S.C. § 1300m–5 (INDIANS)
§ 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.)
25 U.S.C. § 1300m–6 (INDIANS)
§ 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 that such procedures conflict with the tribal constitution.
(Pub. L. 103–454, title III, § 308, Nov. 2, 1994, 108 Stat. 4795.)
25 U.S.C. § 1300n (INDIANS)
§ 1300n. Findings
The Congress finds that in their 1997 Report to Congress, the Advisory Council on California Indian Policy specifically recommended the immediate legislative restoration of the Graton Rancheria.
(Pub. L. 106–568, title XIV, § 1402, Dec. 27, 2000, 114 Stat. 2939.)
heading: Short Title
text: Pub. L. 106–568, title XIV, § 1401, Dec. 27, 2000, 114 Stat. 2939, provided that: “This title [enacting this subchapter] may be cited as the ‘Graton Rancheria Restoration Act’.”
25 U.S.C. § 1300n–1 (INDIANS)
§ 1300n–1. Definitions
For purposes of this subchapter:
(1) The term “Tribe” means the Indians of the Graton Rancheria of California.
(2) The term “Secretary” means the Secretary of the Interior.
(3) The term “Interim Tribal Council” means the governing body of the Tribe specified in section 1300n–5 of this title.
(4) The term “member” means an individual who meets the membership criteria under section 1300n–4(b) of this title.
(5) The term “State” means the State of California.
(6) The term “reservation” means those lands acquired and held in trust by the Secretary for the benefit of the Tribe.
(7) The term “service area” means the counties of Marin and Sonoma, in the State of California.
(Pub. L. 106–568, title XIV, § 1403, Dec. 27, 2000, 114 Stat. 2939.)
25 U.S.C. § 1300n–2 (INDIANS)
§ 1300n–2. Restoration of Federal recognition, rights, and privileges
(a) Federal recognition
Federal recognition is hereby restored to the Tribe. Except as otherwise provided in this subchapter, all laws and regulations of general application to Indians and nations, tribes, or bands of Indians that are not inconsistent with any 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; 72 Stat. 619), are hereby restored, and the provisions of such Act shall be inapplicable to the Tribe and its members after December 27, 2000.
(c) Federal services and benefits
(1) In general
Without regard to the existence of a reservation, the Tribe and its members shall be eligible, on and after December 27, 2000, for all Federal services and benefits furnished to federally recognized Indian tribes or their members. For the purposes of Federal services and benefits 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.
(2) Relation to other laws
The eligibility for or receipt of services and benefits under paragraph (1) by a tribe or individual shall not be considered as income, resources, or otherwise when determining the eligibility for or computation of any payment or other benefit to such tribe, individual, or household under—
(A) any financial aid program of the United States, including grants and contracts subject to the Indian Self-Determination Act [25 U.S.C. 450f et seq.]; or
(B) any other benefit to which such tribe, household, or individual would otherwise be entitled under any Federal or federally assisted program.
(d) Hunting, fishing, trapping, gathering, and water rights
Nothing in this subchapter shall expand, reduce, or affect in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and its members.
(e) 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. 106–568, title XIV, § 1404, Dec. 27, 2000, 114 Stat. 2939.)
heading: References in Text
text: The 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.
The Indian Self-Determination Act, referred to in subsec. (c)(2)(A), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, as amended, which is classified principally to part A (§ 450f et seq.) of subchapter II of chapter 14 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 450 of this title and Tables.
25 U.S.C. § 1300n–3 (INDIANS)
§ 1300n–3. Transfer of land to be held in trust
(a) Lands to be taken in trust
Upon application by the Tribe, the Secretary shall accept into trust for the benefit of the Tribe any real property located in Marin or Sonoma County, California, for the benefit of the Tribe after the property is conveyed or otherwise transferred to the Secretary and if, at the time of such conveyance or transfer, there are no adverse legal claims to such property, including outstanding liens, mortgages, or taxes.
(b) Former trust lands of the Graton Rancheria
Subject to the conditions specified in this section, real property eligible for trust status under this section shall include Indian owned fee land held by persons listed as distributees or dependent members in the distribution plan approved by the Secretary on September 17, 1959, or such distributees’ or dependent members’ Indian heirs or successors in interest.
(c) Lands to be part of reservation
Any real property taken into trust for the benefit of the Tribe pursuant to this subchapter shall be part of the Tribe’s reservation.
(d) Lands to be nontaxable
Any real property taken into trust for the benefit of the Tribe pursuant to this section shall be exempt from all local, State, and Federal taxation as of the date that such land is transferred to the Secretary.
(Pub. L. 106–568, title XIV, § 1405, Dec. 27, 2000, 114 Stat. 2940.)
25 U.S.C. § 1300n–4 (INDIANS)
§ 1300n–4. Membership rolls
(a) Compilation of tribal membership roll
Not later than 1 year after December 27, 2000, 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 under section 1300n–6 of this title, an individual shall be placed on the Graton membership roll if such individual is living, is not an enrolled member of another federally recognized Indian tribe, and if—
(A) such individual’s name was listed on the Graton Indian Rancheria distribution list compiled by the Bureau of Indian Affairs and approved by the Secretary on September 17, 1959, under Public Law 85–671;
(B) such individual was not listed on the Graton Indian Rancheria distribution list, but met the requirements that had to be met to be listed on the Graton Indian Rancheria distribution list;
(C) such individual is identified as an Indian from the Graton, Marshall, Bodega, Tomales, or Sebastopol, California, vicinities, in documents prepared by or at the direction of the Bureau of Indian Affairs, or in any other public or California mission records; 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 under section 1300n–6 of this title, such tribal constitution shall govern membership in the Tribe.
(c) Conclusive proof of Graton Indian ancestry
For the purpose of subsection (b) of this section, the Secretary shall accept any available evidence establishing Graton Indian ancestry. The Secretary shall accept as conclusive evidence of Graton Indian ancestry information contained in the census of the Indians from the Graton, Marshall, Bodega, Tomales, or Sebastopol, California, vicinities, prepared by or at the direction of Special Indian Agent John J. Terrell in any other roll or census of Graton Indians prepared by or at the direction of the Bureau of Indian Affairs and in the Graton Indian Rancheria distribution list compiled by the Bureau of Indian Affairs and approved by the Secretary on September 17, 1959.
(Pub. L. 106–568, title XIV, § 1406, Dec. 27, 2000, 114 Stat. 2940.)
heading: References in Text
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.
25 U.S.C. § 1300n–5 (INDIANS)
§ 1300n–5. Interim government
Until the Tribe ratifies a final constitution consistent with section 1300n–6 of this title, the Tribe’s governing body shall be an Interim Tribal Council. The initial membership of the Interim Tribal Council shall consist of the members serving on December 27, 2000, who have been elected under the tribal constitution adopted May 3, 1997. The Interim Tribal Council shall continue to operate in the manner prescribed under such tribal constitution. Any vacancy on the Interim Tribal Council shall be filled by individuals who meet the membership criteria set forth in section 1300n–4(b) of this title and who are elected in the same manner as are Tribal Council members under the tribal constitution adopted May 3, 1997.
(Pub. L. 106–568, title XIV, § 1407, Dec. 27, 2000, 114 Stat. 2941.)