dreamproit/uscode huggingface dataset:
25 U.S.C. § 700 (INDIANS)
§ 700. Protection of minors, persons non compos mentis and other members needing assistance; guardians; other adequate means
Prior to the transfer of title to, or the removal of restrictions from, property in accordance with the provisions of this subchapter, the Secretary shall protect the rights of members of the tribes who are minors, non compos mentis, or in the opinion of the Secretary in need of assistance in conducting their affairs by causing the appointment of guardians for such members in courts of competent jurisdiction, or by such other means as he may deem adequate.
(Aug. 13, 1954, ch. 733, § 10, 68 Stat. 726.)
25 U.S.C. § 701 (INDIANS)
§ 701. Advances or expenditures from tribal funds
Pending the completion of the property dispositions provided for in this subchapter, the funds now on deposit, or hereafter deposited in the Treasury of the United States to the credit of a tribe shall be available for advance to the tribe, or for expenditure, for such purposes as may be designated by the governing body of the tribe and approved by the Secretary.
(Aug. 13, 1954, ch. 733, § 11, 68 Stat. 726.)
25 U.S.C. § 702 (INDIANS)
§ 702. Execution by Secretary of patents, deeds, etc.
The Secretary shall have authority to execute such patents, deeds, assignments, releases, certificates, contracts, and other instruments as may be necessary or appropriate to carry out the provisions of this subchapter, or to establish a marketable and recordable title to any property disposed of pursuant to this subchapter.
(Aug. 13, 1954, ch. 733, § 12, 68 Stat. 727.)
25 U.S.C. § 703 (INDIANS)
§ 703. Termination of Federal trust
(a) Publication; termination of Federal services; application of Federal and State laws
Upon removal of Federal restrictions on the property of each tribe and individual members thereof, the Secretary shall publish in the Federal Register a proclamation declaring that the Federal trust relationship to the affairs of the tribe and its members has terminated. Thereafter individual members of the tribe shall not be entitled to any of the services performed by the United States for Indians because of their status as Indians, all statutes of the United States which affect Indians because of their status as Indians, excluding statutes that specifically refer to the tribe and its members, shall no longer be applicable to the members of the tribe, and the laws of the several States shall apply to the tribe and its members in the same manner as they apply to other citizens or persons within their jurisdiction.
(b) Citizenship status unaffected
Nothing in this subchapter shall affect the status of the members of a tribe as citizens of the United States.
(c) Education and training program; purposes; subjects; transportation; subsistence; contracts; other education programs
Prior to the issuance of a proclamation in accordance with the provisions of this section, the Secretary is authorized to undertake, within the limits of available appropriations, a special program of education and training designed to help the members of the tribe to earn a livelihood, to conduct their own affairs, and to assume their responsibilities as citizens without special services because of their status as Indians. Such program may include language training, orientation in non-Indian community customs and living standards, vocational training and related subjects, transportation to the place of training or instruction, and subsistence during the course of training or instruction. For the purposes of such program the Secretary is authorized to enter into contracts or agreements with any Federal, State, or local governmental agency, corporation, association, or person. Nothing in this section shall preclude any Federal agency from undertaking any other program for the education and training of Indians with funds appropriated to it.
(Aug. 13, 1954, ch. 733, § 13, 68 Stat. 727.)
25 U.S.C. § 704 (INDIANS)
§ 704. Omitted
heading: Codification
text: Section, act Aug. 13, 1954, ch. 733, § 14, 68 Stat. 727, which revoked corporate charter of Confederated Tribes of Grand Ronde Community of Oregon and provided for termination of Federal power with regard to tribe, was omitted in view of Federal recognition and restoration of corporate charter of Confederated Tribes of Grand Ronde Community of Oregon by section 713b of this title.
25 U.S.C. § 705 (INDIANS)
§ 705. Offset of individual indebtedness; credit
The Secretary is authorized to set off against any indebtedness payable to the tribe or to the United States by an individual member of the tribe, or payable to the United States by the tribe, any funds payable to such individual or tribe under this subchapter and to deposit the amount set off to the credit of the tribe or the United States as the case may be.
(Aug. 13, 1954, ch. 733, § 15, 68 Stat. 727.)
25 U.S.C. § 707 (INDIANS)
§ 707. Valid leases, permits, liens, etc., unaffected
Nothing in this subchapter shall abrogate any valid lease, permit, license, right-of-way, lien, or other contract heretofore approved. Whenever any such instrument places in or reserves to the Secretary any powers, duties, or other functions with respect to the property subject thereto, the Secretary may transfer such functions, in whole or in part, to any Federal agency with the consent of such agency.
(Aug. 13, 1954, ch. 733, § 17, 68 Stat. 728.)
25 U.S.C. § 708 (INDIANS)
§ 708. Rules and regulations; tribal referenda
The Secretary is authorized to issue rules and regulations necessary to effectuate the purposes of this subchapter, and may in his discretion provide for tribal referenda on matters pertaining to management or disposition of tribal assets.
(Aug. 13, 1954, ch. 733, § 18, 68 Stat. 728.)
25 U.S.C. § 711 (INDIANS)
§ 711. Definitions
For the purposes of this subchapter—
(1) the term “tribe” means the Confederated Tribes of Siletz Indians of Oregon;
(2) the term “Secretary” means the Secretary of the Interior or his authorized representative;
(3) the term “Interim Council” means the council elected pursuant to section 711c of this title;
(4) the term “member”, when used with respect to the tribe, means a person enrolled on the membership roll of the tribe, as provided in section 711b of this title; and
(5) the term “final membership roll” means the final membership roll of the tribe published on July 20, 1956, on pages 5454–5462 of volume 21 of the Federal Register.
(Pub. L. 95–195, § 2, Nov. 18, 1977, 91 Stat. 1415.)
heading: Short Title
text: Pub. L. 95–195, § 1, Nov. 18, 1977, 91 Stat. 1415, provided: “That this Act [enacting this subchapter] may be cited as the ‘Siletz Indian Tribe Restoration Act’.”
25 U.S.C. § 711a (INDIANS)
§ 711a. Federal recognition
(a) Extension; laws applicable; eligibility for Federal services and benefits
Federal recognition is hereby extended to the tribe, and the provisions of the Act of June 18, 1934 (48 Stat. 984) as amended [25 U.S.C. 461 et seq.], except as inconsistent with specific provisions of this subchapter, are made applicable to the tribe and the members of the tribe. The tribe and the members of the tribe shall be eligible for all Federal services and benefits furnished to federally recognized Indian tribes. Notwithstanding any provision to the contrary in any law establishing such services or benefits, eligibility of the tribe and its members for such Federal services and benefits shall become effective upon November 18, 1977, without regard to the existence of a reservation for the tribe or the residence of members of the tribe on a reservation.
(b) Restoration of rights and privileges
Except as provided in subsection (c) of this section, all rights and privileges of the tribe and of members of the tribe under any Federal treaty, Executive order, agreement, or statute, or under any other authority, which were diminished or lost under the Act of August 13, 1954 (68 Stat. 724) [25 U.S.C. 691 et seq.], are hereby restored, and such Act shall be inapplicable to the tribe and to members of the tribe after November 18, 1977.
(c) Hunting, fishing or trapping rights and tribal reservations not restored
This subchapter shall not grant or restore any hunting, fishing, or trapping right of any nature, including any indirect or procedural right or advantage, to the tribe or any member of the tribe, nor shall it be construed as granting, establishing, or restoring a reservation for the tribe.
(d) Effect on property rights or obligations, contractual rights or obligations, or obligations for taxes
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 already levied.
(Pub. L. 95–195, § 3, Nov. 18, 1977, 91 Stat. 1415.)
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.
Act of August 13, 1954, referred to in subsec. (b), is act Aug. 13, 1954, ch. 733, 68 Stat. 724, which is classified generally to subchapter XXX (§ 691 et seq.) of this chapter. For complete classification of this Act to the Code, see Tables.
25 U.S.C. § 711b (INDIANS)
§ 711b. Membership roll
(a) Opening; duty of Secretary, Interim Council, and tribal officials
The final membership roll is declared open. The Secretary, the Interim Council, and tribal officials under the tribal constitution and bylaws shall take such measures as will insure the continuing accuracy of the membership roll.
(b) Prerequisites for inclusion
(1) Until after the initial election of tribal officers under the tribal constitution and bylaws, a person shall be a member of the tribe and his name shall be placed on the membership roll if he is living and if—
(A) his name is listed on the final membership roll;
(B) he was entitled on August 13, 1954, to be on the final membership roll but his name was not listed on that roll; or
(C) he is a descendant of a person specified in subparagraph (A) or (B) and possesses at least one-fourth degree of blood of members of the tribe or their Siletz Indian ancestors.
(2) After the initial election of tribal officials under the tribal constitution and bylaws, the provisions of the tribal constitution and bylaws shall govern membership in the tribe.
(c) Verification of descendancy, age, and blood; appeal; finality of determination; possession of enrollment records and materials
(1) Before election of the Interim Council, verification of descendancy, age, and blood shall be made upon oath before the Secretary and his determination thereon shall be final.
(2) After election of the Interim Council and before the initial election of the tribal officials, verification of descendancy, age, and blood shall be made upon oath before the Interim Council, or its authorized representative. A member of the tribe, with respect to the inclusion of any name, and any person, with respect to the exclusion of his name, may appeal to the Secretary, who shall make a final determination of each such appeal within ninety days after an appeal has been filed with him. The determination of the Secretary with respect to an appeal under this paragraph shall be final.
(3) After the initial election of tribal officials, the provisions of the tribal constitution and bylaws shall govern the verification of any requirements for membership in the tribe, and the Secretary and the Interim Council shall deliver their records and files, and any other material relating to enrollment matters, to the tribal governing body.
(d) Franchisement
For purposes of sections 711c and 711d of this title, a member who is eighteen years of age or older is entitled and eligible to be given notice of, attend, participate in, and vote at, general council meetings and to nominate candidates for, to run for any office in, and to vote in, elections of members to the Interim Council and to other tribal councils.
(Pub. L. 95–195, § 4, Nov. 18, 1977, 91 Stat. 1416.)
25 U.S.C. § 711d (INDIANS)
§ 711d. Tribal constitution and bylaws
(a) Election; time and procedure
Upon the written request of the Interim Council, the Secretary shall conduct an election by secret ballot, pursuant to the provisions of section 476 of this title, for the purpose of adopting a constitution and bylaws for the tribes. The election shall be held within sixty days after the Secretary has—
(1) reviewed and updated the final membership roll for accuracy, in accordance with section 711b(a), (b)(1), and (c)(1) of this title,
(2) made a final determination of all appeals filed under section 711b(c)(2) of this title, and
(3) published in the Federal Register a certification copy of the membership roll of the tribe.
(b) Pre-election distribution of proposed constitution and bylaws and brief impartial description; consultation by Interim Council with members of tribe
The Interim Council shall draft and distribute to each member described in section 711b(d) of this title, no later than thirty days before the election under subsection (a) of this section, a copy of the proposed constitution and bylaws of the tribe, as drafted by the Interim Council, along with a brief, impartial description of the proposed constitution and bylaws. The members of the Interim Council may freely consult with members of the tribe concerning the text and description of the constitution and bylaws, except that such consultation may not be carried on within fifty feet of the polling places on the date of the election.
(c) Majority vote necessary for adoption of constitution and bylaws
In any election held pursuant to subsection (a) of this section, the vote of a majority of those actually voting shall be necessary and sufficient for the adoption of a tribal constitution and bylaws.
(d) Election of tribal officials provided for in constitution and bylaws; ballot requirements
Not later than one hundred and twenty days after the tribe adopts a constitution and bylaws, the Interim Council shall conduct an election by secret ballot for the purpose of electing the individuals who will serve as tribal officials as provided in the tribal constitution and bylaws. For the purpose of this election and notwithstanding any provision in the tribal constitution and bylaws to the contrary, absentee balloting shall be permitted.
(Pub. L. 95–195, § 6, Nov. 18, 1977, 91 Stat. 1417.)
25 U.S.C. § 712 (INDIANS)
§ 712. Definitions
For the purposes of this subchapter—
(1) the term “tribe” means the Cow Creek Band of Umpqua Tribe of Indians; and
(2) the term “member”, when used with respect to the tribe, means a person enrolled on the membership roll of the tribe in accordance with section 712c of this title.
(Pub. L. 97–391, § 2, Dec. 29, 1982, 96 Stat. 1960; Pub. L. 100–139, § 5(b), Oct. 26, 1987, 101 Stat. 827.)
heading: Amendments
text: 1987—Par. (1). Pub. L. 100–139 substituted “Umpqua Tribe of Indians” for “Umpqua Tribe of Oregon”.
heading: Short Title of 1987 Amendment
text: Pub. L. 100–139, § 1, Oct. 26, 1987, 101 Stat. 822, provided: “That this Act [amending this section and sections 712a to 712c of this title] may be cited as the ‘Cow Creek Band of Umpqua Tribe of Indians Distribution of Judgment Funds Act of 1987’.”
heading: Short Title
text: Pub. L. 97–391, § 1, Dec. 29, 1982, 96 Stat. 1960, provided that: “This Act [enacting this subchapter] may be cited as the ‘Cow Creek Band of Umpqua Tribe of Indians Recognition Act’.”
25 U.S.C. § 712a (INDIANS)
§ 712a. Extension of Federal recognition, rights, and privileges
(a) Federal recognition
Notwithstanding any provision of the Act approved August 13, 1954 (25 U.S.C. 691 et seq.), or any other law, Federal recognition is extended to the Cow Creek Band of Umpqua Tribe of Indians. Except as otherwise provided in this subchapter, all laws and regulations of the United States of general application to Indians or nations, tribes, or bands of Indians which are not inconsistent with any specific provision of this subchapter shall be applicable to the tribe.
(b) Restoration of rights and privileges
All rights and privileges of the tribe and the members of the tribe under any Federal treaty, Executive order, agreement, or statute, or under any other Federal authority, which may have been diminished or lost under the Act approved August 13, 1954 (25 U.S.C. 691 et seq.), are restored, and the provisions of such subchapter shall be inapplicable to the tribe and to members of the tribe after December 29, 1982.
(c) Federal services and benefits
Notwithstanding any other provision of law, the tribe and members of the tribe shall be eligible for all Federal services and benefits furnished to federally recognized Indian tribes upon December 29, 1982, without regard to the existence of a reservation for the tribe or the residence of members of the tribe on a reservation.
(d) Effect on property rights and other obligations
Except as otherwise specifically provided in this subchapter, no provision contained in this subchapter shall alter any property right or obligation, any contractual right or obligation, or any obligation for taxes already levied.
(Pub. L. 97–391, § 3, Dec. 29, 1982, 96 Stat. 1960; Pub. L. 100–139, § 5(b), Oct. 26, 1987, 101 Stat. 827.)
heading: References in Text
text: Act approved August 13, 1954, referred to in subsecs. (a) and (b), is act Aug. 13, 1954, ch. 733, 68 Stat. 724, which is classified generally to subchapter XXX (§ 691 et seq.) of this chapter. For complete classification of this Act to the Code, see Tables.
heading: Amendments
text: 1987—Subsec. (a). Pub. L. 100–139 substituted “Umpqua Tribe of Indians” for “Umpqua Tribe of Oregon”.
25 U.S.C. § 712b (INDIANS)
§ 712b. Organization of tribe
(a) Organization and organic governing document
The tribe may organize for its common welfare and adopt an appropriate instrument, in writing, to govern the affairs of the tribe when acting in its governmental capacity. The tribe shall file with the Secretary of the Interior a copy of its organic governing document and any amendments thereto.
(b) New governing document or amendments or revisions of interim governing document; tribal election
Not less than one year following October 26, 1987, the tribe’s governing body may propose a new governing document or amendments or revisions to the interim governing document, and the Secretary shall conduct a tribal election as to the adoption of that proposed document within one hundred twenty days from the date it is submitted to the Bureau of Indian Affairs.
(c) Approval of new governing document
The Secretary shall approve the new governing document if approved by a majority of the tribal voters unless he or she determines that such document is in violation of any laws of the United States.
(d) Interim governing document pending approval
Until the tribe adopts and the Secretary approves a new governing document, its interim governing document shall be the tribal bylaws entitled “By-Laws of Cow Creek Band of Umpqua Tribe of Indians” which bear an “approved” date of “9–10–78,”.
(e) Governing body pending adoption of final document
Until the tribe adopts a final governing document, the tribe’s governing body shall consist of its current board of directors elected at the tribe’s annual meeting of August 10, 1986, or such new board members as are selected under election procedures of the interim governing document identified at subsection (d) of this section.
(Pub. L. 97–391, § 4, Dec. 29, 1982, 96 Stat. 1961; Pub. L. 100–139, § 7(a), Oct. 26, 1987, 101 Stat. 828.)
heading: Amendments
text: 1987—Pub. L. 100–139 amended section generally. Prior to amendment, section read as follows: “The tribe may organize for its common welfare and adopt an appropriate instrument, in writing, to govern the affairs of the tribe when acting in its governmental capacity. The tribe shall file with the Secretary of the Interior a copy of its organic governing document and any amendments thereto.”
25 U.S.C. § 712e (INDIANS)
§ 712e. Certain property taken into trust
The Secretary of the Interior shall accept title to 2000 acres of real property and may accept title to any additional number of acres of real property located in Umpqua River watershed upstream from Scottsburg, Oregon, or the northern slope of the Rogue River watershed upstream from Agness, Oregon, if such real property is conveyed or otherwise transferred to the United States by or on behalf of the Tribe. The Secretary shall take into trust for the benefit of the Tribe all real property conveyed or otherwise transferred to the United States pursuant to this section. Real property taken into trust pursuant to this section shall become part of the Tribe’s reservation, and shall be treated as on-reservation land for the purpose of processing acquisitions of real property into trust. Real property taken into trust pursuant to this section shall not be considered to have been taken into trust for gaming (as that term is used in the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)).
(Pub. L. 97–391, § 7, as added Pub. L. 105–256, § 9, Oct. 14, 1998, 112 Stat. 1898; amended Pub. L. 108–204, title I, § 104, Mar. 2, 2004, 118 Stat. 543.)
heading: References in Text
text: The Indian Gaming Regulatory Act, referred to in text, is Pub. L. 100–497, Oct. 17, 1988, 102 Stat. 2467, as amended, which is classified principally to chapter 29 (§ 2701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.
heading: Amendments
text: 2004—Pub. L. 108–204 inserted “, and shall be treated as on-reservation land for the purpose of processing acquisitions of real property into trust” after “part of the Tribe’s reservation”.
25 U.S.C. § 713 (INDIANS)
§ 713. Definitions
For the purposes of this subchapter—
(1) the term “tribe” means the Confederated Tribes of the Grand Ronde Community of Oregon considered as one tribe in accordance with section 713a of this title;
(2) the term “Secretary” means the Secretary of the Interior or his designated representative;
(3) the term “Interim Council” means the council which is established under, and the members of which are elected pursuant to, section 713c of this title;
(4) the term “tribal governing body” means the governing body which is established under, and the members of which are elected pursuant to, the tribal constitution and bylaws adopted in accordance with section 713d of this title; and
(5) the term “member”, when used with respect to the tribe, means an individual enrolled on the membership roll of the tribe in accordance with section 713e of this title.
(Pub. L. 98–165, § 2, Nov. 22, 1983, 97 Stat. 1064.)
heading: Short Title
text: Pub. L. 98–165, § 1, Nov. 22, 1983, 97 Stat. 1064, provided that: “This Act [enacting this subchapter] may be cited as the ‘Grand Ronde Restoration Act’.”
25 U.S.C. § 713a (INDIANS)
§ 713a. Consideration of Confederated Tribes of Grand Ronde Community as one tribe
The Confederated Tribes of the Grand Ronde Community of Oregon shall be considered as one tribal unit for purposes of Federal recognition and eligibility for Federal benefits under section 713b of this title, the establishment of tribal self-government under sections 713c and 713d of this title, the compilation of a tribal membership roll under section 713e of this title, and the establishment of a tribal reservation under section 713f of this title.
(Pub. L. 98–165, § 3, Nov. 22, 1983, 97 Stat. 1064.)