dreamproit/uscode huggingface dataset:
25 U.S.C. § 1300j–1 (INDIANS)
§ 1300j–1. Federal recognition
Federal recognition of the Pokagon Band of Potawatomi Indians is hereby affirmed. Except as otherwise provided in this subchapter, all Federal laws of general application to Indians and Indian tribes, including the Act of June 18, 1934 (25 U.S.C. 461 et seq.; commonly referred to as the “Indian Reorganization Act”), shall apply with respect to the Band and its members.
(Pub. L. 103–323, § 2, Sept. 21, 1994, 108 Stat. 2153.)
heading: References in Text
text: The Indian Reorganization Act, referred to in text, is act June 18, 1934, ch. 576, 48 Stat. 984, as amended, which 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. § 1300j–2 (INDIANS)
§ 1300j–2. Services
Notwithstanding any other provision of law, the Band and its members shall be eligible, on and after September 21, 1994, for all Federal services and benefits furnished to federally recognized Indian tribes without regard to the existence of a reservation for the Band or the location of the residence of any member on or near an Indian reservation.
(Pub. L. 103–323, § 3, Sept. 21, 1994, 108 Stat. 2153.)
25 U.S.C. § 1300j–3 (INDIANS)
§ 1300j–3. Tribal membership
Not later than 18 months after September 21, 1994, the Band shall submit to the Secretary membership rolls consisting of all individuals eligible for membership in such Band. The qualifications for inclusion on the membership rolls of the Band shall be determined by the membership clauses in the Band’s governing documents, in consultation with the Secretary. Upon completion of the rolls, the Secretary shall immediately publish notice of such in the Federal Register. The Bands shall ensure that such rolls are maintained and kept current.
(Pub. L. 103–323, § 4, Sept. 21, 1994, 108 Stat. 2153.)
25 U.S.C. § 1300j–4 (INDIANS)
§ 1300j–4. Constitution and governing body
(a) Constitution
(1) Adoption
Not later than 24 months after September 21, 1994, the Secretary shall conduct, by secret ballot and in accordance with the provisions of section 476 of this title, an election to adopt a constitution and bylaws for the Band.
(2) Interim governing documents
Until such time as a new constitution is adopted under paragraph (1), the governing documents in effect on September 21, 1994, shall be the interim governing documents for the Band.
(b) Officials
(1) Election
Not later than 6 months after the Band adopts a constitution and bylaws pursuant to subsection (a) of this section, the Secretary shall conduct elections by secret ballot for the purpose of electing officials for the Band as provided in the Band’s constitution. The election shall be conducted according to the procedures described in subsection (a) of this section, except to the extent that such procedures conflict with the Band’s constitution.
(2) Interim government
Until such time as the Band elects new officials pursuant to paragraph (1), the Band’s governing body shall be the governing body in place on September 21, 1994, or any new governing body selected under the election procedures specified in the interim governing documents of the Band.
(Pub. L. 103–323, § 5, Sept. 21, 1994, 108 Stat. 2154.)
25 U.S.C. § 1300j–5 (INDIANS)
§ 1300j–5. Tribal lands
The Band’s tribal land shall consist of all real property, including the land upon which the Tribal Hall is situated, now or on and after September 21, 1994, held by, or in trust for, the Band. The Secretary shall acquire real property for the Band. Any such real property shall be taken by the Secretary in the name of the United States in trust for the benefit of the Band and shall become part of the Band’s reservation.
(Pub. L. 103–323, § 6, Sept. 21, 1994, 108 Stat. 2154.)
25 U.S.C. § 1300j–6 (INDIANS)
§ 1300j–6. Service area
The Band’s service area shall consist of the Michigan counties of Allegan, Berrien, Van Buren, and Cass and the Indiana counties of La Porte, St. Joseph, Elkhart, Starke, Marshall, and Kosciusko.
(Pub. L. 103–323, § 7, Sept. 21, 1994, 108 Stat. 2154.)
25 U.S.C. § 1300j–7 (INDIANS)
§ 1300j–7. Jurisdiction
The Band shall have jurisdiction to the full extent allowed by law over all lands taken into trust for the benefit of the Band by the Secretary. The Band shall exercise jurisdiction over all its members who reside within the service area in matters pursuant to the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.), as if the members were residing upon a reservation as defined in that Act.
(Pub. L. 103–323, § 8, Sept. 21, 1994, 108 Stat. 2154.)
heading: References in Text
text: The Indian Child Welfare Act of 1978, referred to in text, is Pub. L. 95–608, Nov. 8, 1978, 92 Stat. 3069, as amended, which is classified principally to chapter 21 (§ 1901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables.
25 U.S.C. § 1300j–7a (INDIANS)
§ 1300j–7a. Membership list
(a) List of members as of September 1994
Not later than 120 days after September 21, 1994, the Band shall submit to the Secretary a list of all individuals who, as of September 21, 1994, were members of the Band.
(b) List of individuals eligible for membership
(1) In general
Not later than 18 months after September 21, 1994, the Band shall submit to the Secretary a membership roll that contains the names of all individuals eligible for membership in the Band. The Band, in consultation with the Secretary, shall determine whether an individual is eligible for membership in the Band on the basis of provisions in the governing documents of the Band that determine the qualifications for inclusion in the membership roll of the Band.
(2) Publication of notice
At such time as the roll has been submitted to the Secretary, the Secretary shall immediately publish in the Federal Register a notice of such roll.
(3) Maintenance of roll
The Band shall ensure that the roll is maintained and kept current.
(Pub. L. 103–323, § 9, as added Pub. L. 103–435, § 20(2), Nov. 2, 1994, 108 Stat. 4574; amended Pub. L. 104–109, § 1, Feb. 12, 1996, 110 Stat. 763.)
heading: Prior Provisions
text: A prior section 9 of Pub. L. 103–323 was renumbered section 10 and is classified to section 1300j–8 of this title.
heading: Amendments
text: 1996—Subsec. (a). Pub. L. 104–109, § 1(1), (2), substituted “Band” for “Bands” in two places and struck out “respective” after “members of the”.
Subsec. (b)(1). Pub. L. 104–109, § 1(1), (3)(A), substituted “Band shall submit” for “Bands shall submit”, “a membership roll that contains” for “membership rolls that contain”, “membership in the Band” for “membership in such Bands”, and “The Band” for “Each such Band”.
Subsec. (b)(2). Pub. L. 104–109, § 1(3)(B), substituted “roll has” for “rolls have” and “such roll” for “such rolls”.
Subsec. (b)(3). Pub. L. 104–109, § 1(1), (3)(C), (D), substituted “roll” for “rolls” in heading and substituted “Band shall ensure that the roll is maintained” for “Bands shall ensure that the rolls are maintained” in text.
25 U.S.C. § 1300j–8 (INDIANS)
§ 1300j–8. Definitions
For purposes of this subchapter—
(1) the term “Band” means the Pokagon Band of Potawatomi Indians;
(2) the term “member” means those individuals eligible for enrollment in the Band pursuant to section 1300j–3 of this title; and
(3) the term “Secretary” means the Secretary of the Interior.
(Pub. L. 103–323, § 10, formerly § 9, Sept. 21, 1994, 108 Stat. 2155; renumbered § 10, Pub. L. 103–435, § 20(1), Nov. 2, 1994, 108 Stat. 4574.)
25 U.S.C. § 1300k–1 (INDIANS)
§ 1300k–1. Definitions
For purposes of this subchapter—
(1) the term “Bands” means the Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians;
(2) the term “member” means those individuals enrolled in the Bands pursuant to section 1300k–5 of this title; and
(3) the term “Secretary” means the Secretary of the Interior.
(Pub. L. 103–324, § 3, Sept. 21, 1994, 108 Stat. 2157.)
25 U.S.C. § 1300k–2 (INDIANS)
§ 1300k–2. Federal recognition
(a) Federal recognition
Federal recognition of the Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians is hereby reaffirmed. All laws and regulations of the United States of general application to Indians or nations, tribes, or bands of Indians, including the Act of June 18, 1934 (25 U.S.C. 461 et seq.; commonly referred to as the “Indian Reorganization Act”), which are not inconsistent with any specific provision of this subchapter shall be applicable to the Bands and their members.
(b) Federal services and benefits
(1) In general
The Bands and their members shall be eligible for all services and benefits provided by the Federal Government to Indians because of their status as federally recognized Indians, and notwithstanding any other provision of law, such services and benefits shall be provided after September 21, 1994, to the Bands and their members without regard to the existence of a reservation or the location of the residence of any member on or near any Indian reservation.
(2) Service areas
(A) Little Traverse Bay Bands
For purposes of the delivery of Federal services to the enrolled members of the Little Traverse Bay Bands of Odawa Indians, the area of the State of Michigan within 70 miles of the boundaries of the reservations for the Little Traverse Bay Bands as set out in Article I, paragraphs “third” and “fourth” of the Treaty of 1855, 11 Stat. 621, shall be deemed to be within or near a reservation, notwithstanding the establishment of a reservation for the tribe after September 21, 1994. Services may be provided to members outside the named service area unless prohibited by law or program regulations.
(B) Little River Band
For purposes of the delivery of Federal services to enrolled members of the Little River Band of Ottawa Indians, the Counties of Manistee, Mason, Wexford and Lake, in the State of Michigan, shall be deemed to be within or near a reservation, notwithstanding the establishment of a reservation for the tribe after September 21, 1994. Services may be provided to members outside the named Counties unless prohibited by law or program regulations.
(Pub. L. 103–324, § 4, Sept. 21, 1994, 108 Stat. 2157.)
heading: References in Text
text: The Indian Reorganization Act, referred to in subsec. (a), is act June 18, 1934, ch. 576, 48 Stat. 984, as amended, which 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. § 1300k–3 (INDIANS)
§ 1300k–3. Reaffirmation of rights
(a) In general
All rights and privileges of the Bands, and their members thereof, which may have been abrogated or diminished before September 21, 1994, are hereby reaffirmed.
(b) Existing rights of Bands
Nothing in this subchapter shall be construed to diminish any right or privilege of the Bands, or of their members, that existed prior to September 21, 1994. Except as otherwise specifically provided in any other provision of this subchapter, nothing in this subchapter shall be construed as altering or affecting any legal or equitable claim the Bands might have to enforce any right or privilege reserved by or granted to the Bands which were wrongfully denied to or taken from the Bands prior to September 21, 1994.
(Pub. L. 103–324, § 5, Sept. 21, 1994, 108 Stat. 2158; Pub. L. 104–109, § 2(a), Feb. 12, 1996, 110 Stat. 763.)
heading: Amendments
text: 1996—Subsec. (b). Pub. L. 104–109 substituted “Bands” for “Tribe” in heading.
25 U.S.C. § 1300k–4 (INDIANS)
§ 1300k–4. Transfer of land for benefit of Bands
(a) Little Traverse Bay Bands
The Secretary shall acquire real property in Emmet and Charlevoix Counties for the benefit of the Little Traverse Bay Bands. The Secretary shall also accept any real property located in those Counties for the benefit of the Little Traverse Bay Bands if conveyed or otherwise transferred to the Secretary, if at the time of such acceptance, there are no adverse legal claims on such property including outstanding liens, mortgages or taxes owed.
(b) Little River Band
The Secretary shall acquire real property in Manistee and Mason Counties for the benefit of the Little River Band. The Secretary shall also accept any real property located in those Counties for the benefit of the Little River Band if conveyed or otherwise transferred to the Secretary, if at the time of such acceptance, there are no adverse legal claims on such property including outstanding liens, mortgages or taxes owed.
(c) Additional lands
The Secretary may accept any additional acreage in each of the Bands’ service area specified by section 1300k–2(b) of this title pursuant to his authority under the Act of June 18, 1934 (25 U.S.C. 461 et seq.; commonly referred to as the “Indian Reorganization Act”).
(d) Reservation
Subject to the conditions imposed by this section, the land acquired by or transferred to the Secretary under or pursuant to this section shall be taken in the name of the United States in trust for the Bands and shall be a part of the respective Bands’ reservation.
(Pub. L. 103–324, § 6, Sept. 21, 1994, 108 Stat. 2158.)
heading: References in Text
text: The Indian Reorganization Act, referred to in subsec. (c), is act June 18, 1934, ch. 576, 48 Stat. 984, as amended, which 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. § 1300k–5 (INDIANS)
§ 1300k–5. Membership
Not later than 18 months after September 21, 1994, the Bands shall submit to the Secretary membership rolls consisting of all individuals currently enrolled for membership in such Bands. The qualifications for inclusion on the membership rolls of the Bands shall be determined by the membership clauses in such Bands’ respective governing documents, in consultation with the Secretary. Upon completion of the rolls, the Secretary shall immediately publish notice of such in the Federal Register. The Bands shall ensure that such rolls are maintained and kept current.
(Pub. L. 103–324, § 7, Sept. 21, 1994, 108 Stat. 2159.)
25 U.S.C. § 1300k–6 (INDIANS)
§ 1300k–6. Constitution and governing body
(a) Constitution
(1) Adoption
Not later than 24 months after September 21, 1994, the Secretary shall conduct, by secret ballot, elections for the purposes of adopting new constitutions for the Bands. The elections shall be held according to the procedures applicable to elections under section 476 of this title.
(2) Interim governing documents
Until such time as new constitutions are adopted under paragraph (1), the governing documents in effect on September 21, 1994, shall be the interim governing documents for the Bands.
(b) Officials
(1) Election
Not later than 6 months after the Bands adopt constitutions and bylaws pursuant to subsection (a) of this section, the Bands shall conduct elections by secret ballot for the purpose of electing officials for the Bands as provided in the Bands’ respective governing constitutions. The elections shall be conducted according to the procedures described in the Bands’ constitutions and bylaws.
(2) Interim governments
Until such time as the Bands elect new officials pursuant to paragraph (1), the Bands’ governing bodies shall be those governing bodies in place on September 21, 1994, or any new governing bodies selected under the election procedures specified in the respective interim governing documents of the Bands.
(Pub. L. 103–324, § 8, Sept. 21, 1994, 108 Stat. 2159.)
25 U.S.C. § 1300k–7 (INDIANS)
§ 1300k–7. Membership list
(a) List of present membership
Not later than 120 days after September 21, 1994, the Bands shall submit to the Secretary a list of all individuals who, as of September 21, 1994, were members of the respective Bands.
(b) List of individuals eligible for membership
(1) In general
Not later than 18 months after September 21, 1994, each of the Bands shall submit to the Secretary a membership roll that contains the names of all individuals that are eligible for membership in such Band. Each such Band, in consultation with the Secretary, shall determine whether an individual is eligible for membership in the Band on the basis of provisions in the governing documents of the Band that determine the qualifications for inclusion in the membership roll of the Band.
(2) Publication of notice
At such time as the rolls have been submitted to the Secretary, the Secretary shall immediately publish in the Federal Register a notice of such rolls.
(3) Maintenance of rolls
The Band shall ensure that the rolls are maintained and kept current.
(Pub. L. 103–324, § 9, as added Pub. L. 103–435, § 21, Nov. 2, 1994, 108 Stat. 4574; amended Pub. L. 104–109, § 2(b), Feb. 12, 1996, 110 Stat. 763.)
heading: Amendments
text: 1996—Subsec. (a). Pub. L. 104–109, § 2(b)(1), substituted “the Bands shall submit” for “the Band shall submit” and “members of the respective Bands” for “members of the Band”.
Subsec. (b)(1). Pub. L. 104–109, § 2(b)(2), in first sentence substituted “each of the Bands shall submit to the Secretary a membership roll that contains the names of all individuals that are eligible for membership in such Band” for “the Band shall submit to the Secretary membership rolls that contain the names of all individuals eligible for membership in such Band” and in second sentence substituted “Each such Band, in consultation” for “The Band, in consultation”.
25 U.S.C. § 1300l (INDIANS)
§ 1300l. Restoration of Federal recognition, rights, and privileges
(a) Federal recognition
Notwithstanding any other provision of law, Federal recognition is hereby extended to the Tribe. Except as otherwise provided in this subchapter, all laws and regulations of general application to Indians or 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), 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.)
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.
heading: Short Title
text: Pub. L. 103–434, title II, § 201, Oct. 31, 1994, 108 Stat. 4533, provided that: “This title [enacting this subchapter] may be cited as the ‘Auburn Indian Restoration Act’.”
25 U.S.C. § 1300l–1 (INDIANS)
§ 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.)
heading: Amendments
text: 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.
25 U.S.C. § 1300l–2 (INDIANS)
§ 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.)
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.
heading: Amendments
text: 1996—Subsec. (a). Pub. L. 104–122 substituted “may” for “shall” in first sentence.