dreamproit/uscode huggingface dataset:
25 U.S.C. § 1300g–4 (INDIANS)
§ 1300g–4. Provisions relating to tribal reservation
(a) Federal reservation established
The reservation is hereby declared to be a Federal Indian reservation for the use and benefit of the tribe without regard to whether legal title to such lands is held in trust by the Secretary.
(b) Conveyance of land by State
The Secretary shall—
(1) accept any offer from the State to convey title to any land within the reservation held in trust on August 18, 1987, by the State or by the Texas Indian Commission for the benefit of the tribe to the Secretary, and
(2) hold such title, upon conveyance by the State, in trust for the benefit of the tribe.
(c) Conveyance of land by tribe
At the written request of the Tribal Council, the Secretary shall—
(1) accept conveyance by the tribe of title to any land within the reservation held by the tribe on August 18, 1987, to the Secretary, and
(2) hold such title, upon such conveyance by the tribe, in trust for the benefit of the tribe.
(d) Approval of deed by Attorney General
Notwithstanding any other provision of law or regulation, the Attorney General of the United States shall approve any deed or other instrument which conveys title to land within El Paso or Hudspeth Counties, Texas, to the United States to be held in trust by the Secretary for the benefit of the tribe.
(e) Permanent improvements authorized
Notwithstanding any other provision of law or rule of law, the Secretary or the tribe may erect permanent improvements, improvements of substantial value, or any other improvement authorized by law on the reservation without regard to whether legal title to such lands has been conveyed to the Secretary by the State or the tribe.
(f) Civil and criminal jurisdiction within reservation
The State shall exercise civil and criminal jurisdiction within the boundaries of the reservation as if such State had assumed such jurisdiction with the consent of the tribe under sections 1321 and 1322 of this title.
(g) Acquisition of land by tribe after August 18, 1987
(1) Notwithstanding any other provision of law, the Tribal Council may, on behalf of the tribe—
(A) acquire land located within El Paso County, or Hudspeth County, Texas, after August 18, 1987, and take title to such land in fee simple, and
(B) lease, sell, or otherwise dispose of such land in the same manner in which a private person may do so under the laws of the State.
(2) At the written request of the Tribal Council, the Secretary may—
(A) accept conveyance to the Secretary by the Tribal Council (on behalf of the tribe) of title to any land located within El Paso County, or Hudspeth County, Texas, that is acquired by the Tribal Council in fee simple after August 18, 1987, and
(B) hold such title, upon such conveyance by the Tribal Council, in trust for the benefit of the tribe.
(Pub. L. 100–89, title I, § 105, Aug. 18, 1987, 101 Stat. 667.)
25 U.S.C. § 1300g–5 (INDIANS)
§ 1300g–5. Tiwa Indians Act repealed
The Tiwa Indians Act is hereby repealed.
(Pub. L. 100–89, title I, § 106, Aug. 18, 1987, 101 Stat. 668.)
heading: References in Text
text: The Tiwa Indians Act, referred to in text, is Pub. L. 90–287, Apr. 12, 1968, 82 Stat. 93, which was not classified to the Code.
25 U.S.C. § 1300g–6 (INDIANS)
§ 1300g–6. Gaming activities
(a) In general
All gaming activities which are prohibited by the laws of the State of Texas are hereby prohibited on the reservation and on lands of the tribe. Any violation of the prohibition provided in this subsection shall be subject to the same civil and criminal penalties that are provided by the laws of the State of Texas. The provisions of this subsection are enacted in accordance with the tribe’s request in Tribal Resolution No. T.C.–02–86 which was approved and certified on March 12, 1986.
(b) No State regulatory jurisdiction
Nothing in this section shall be construed as a grant of civil or criminal regulatory jurisdiction to the State of Texas.
(c) Jurisdiction over enforcement against members
Notwithstanding section 1300g–4(f) of this title, the courts of the United States shall have exclusive jurisdiction over any offense in violation of subsection (a) of this section that is committed by the tribe, or by any member of the tribe, on the reservation or on lands of the tribe. However, nothing in this section shall be construed as precluding the State of Texas from bringing an action in the courts of the United States to enjoin violations of the provisions of this section.
(Pub. L. 100–89, title I, § 107, Aug. 18, 1987, 101 Stat. 668.)
25 U.S.C. § 1300g–7 (INDIANS)
§ 1300g–7. Tribal membership
(a) In general
The membership of the tribe shall consist of—
(1) the individuals listed on the Tribal Membership Roll approved by the tribe’s Resolution No. TC–5–84 approved December 18, 1984, and approved by the Texas Indian Commission’s Resolution No. TIC–85–005 adopted on January 16, 1985; and
(2) any person of Tigua Ysleta del Sur Pueblo Indian blood enrolled by the tribe.
(b) Removal from tribal roll
Notwithstanding subsection (a) of this section—
(1) the tribe may remove an individual from tribal membership if it determines that the individual’s enrollment was improper; and
(2) the Secretary, in consultation with the tribe, may review the Tribal Membership Roll.
(Pub. L. 100–89, title I, § 108, Aug. 18, 1987, 101 Stat. 669; Pub. L. 112–157, § 1, Aug. 10, 2012, 126 Stat. 1213.)
heading: Amendments
text: 2012—Subsec. (a)(2). Pub. L. 112–157 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “a descendant of an individual listed on that Roll if the descendant—
“(i) has ⅛ degree or more of Tigua-Ysleta del Sur Pueblo Indian blood, and
“(ii) is enrolled by the tribe.”
25 U.S.C. § 1300h (INDIANS)
§ 1300h. Congressional findings
Congress finds that—
(1) the Lac Vieux Desert Band of Lake Superior Chippewa Indians, although currently recognized by the Federal Government as part of the Keweenaw Bay Indian Community, has historically existed, and continues to exist, as a separate and distinct Indian tribe that is located over 75 miles from the Keweenaw Bay Indian Community;
(2) the Lac Vieux Desert Band consists of approximately 250 members who continue to reside close to their ancestral homeland near the town of Watersmeet, Michigan;
(3) the Lac Vieux Desert Band entered into two treaties with the United States as a distinct tribal entity (7 Stat. 591, 10 Stat. 1109);
(4) members of the Lac Vieux Desert Band currently reside on or otherwise occupy lands within the Township of Watersmeet, Michigan, which are held by the United States in trust for the Keweenaw Bay Indian Community, and currently receive limited Federal benefits through the Keweenaw Bay Indian Community; and
(5) because of its distance from Keweenaw Bay and the failure of the United States to recognize the independent status of the tribe, the Lac Vieux Desert Band and its members receive only limited benefits to which the tribe and its members are entitled.
(Pub. L. 100–420, § 2, Sept. 8, 1988, 102 Stat. 1577.)
heading: Short Title
text: Pub. L. 100–420, § 1, Sept. 8, 1988, 102 Stat. 1577, provided that: “This Act [enacting this subchapter] may be cited as the ‘Lac Vieux Desert Band of Lake Superior Chippewa Indians Act’.”
25 U.S.C. § 1300h–1 (INDIANS)
§ 1300h–1. Definitions
For purposes of this subchapter—
(1) the term “Band” means the Lac Vieux Desert Band of Lake Superior Chippewa Indians;
(2) the term “member” means those individuals eligible for enrollment under section 1300h–3 of this title in the Band; and
(3) the term “Secretary” means the Secretary of the Interior.
(Pub. L. 100–420, § 3, Sept. 8, 1988, 102 Stat. 1577.)
25 U.S.C. § 1300h–2 (INDIANS)
§ 1300h–2. Federal trust relationship
(a) The Federal recognition of the Band and the trust relationship between the United States and the Band is hereby reaffirmed. The Act of June 18, 1934 (48 Stat. 984), as amended [25 U.S.C. 461 et seq.], and all laws and rules of law of the United States of general application to Indians, Indian tribes, or Indian reservations which are not inconsistent with this subchapter shall apply to the members of the Band, and the reservation. The Band is hereby recognized as an independent tribal entity, separate from the Keweenaw Bay Indian Community or any other tribe.
(b) The Band and its members are eligible for all special programs and services provided by the United States to Indians because of their status as Indians.
(Pub. L. 100–420, § 4, Sept. 8, 1988, 102 Stat. 1577.)
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. § 1300h–3 (INDIANS)
§ 1300h–3. Establishment of a Band roll
(a) Submission of membership roll
Within six months after September 8, 1988, the Band shall submit to the Secretary, for approval, its base membership roll which shall include only individuals who are not members of any other federally recognized Indian tribe or who have relinquished membership in such tribe and who are eligible for membership under subsection (b) of this section.
(b) Eligibility
An individual is eligible for inclusion on the base membership roll in the Band if that individual—
(1) is on the tribal membership roll as maintained by the Band prior to September 8, 1988, and is on file with the Bureau of Indian Affairs as of September 8, 1988; or
(2) is at least one-quarter Chippewa Indian blood and is a person or a descendant of a person who was listed, or could have been listed, on any of the census of the Lac Vieux Desert Band prepared by the Superintendent of the MacKinaw Agency prior to 1928 or by the Superintendent of the Great Lakes agency on or prior to 1940.
(c) Maintenance of roll
The Band shall ensure that the roll, once completed and approved, is maintained and kept current.
(d) Future eligibility
(1) Notwithstanding paragraph (b) of section 1300h–4 of this title and except as provided in paragraph (2), future membership in the tribe shall be limited to descendants of individuals whose names appear on the base roll and who have at least one-quarter Chippewa blood quantum.
(2) The Band may modify such quarter Chippewa blood quantum requirement and base roll if such modifications are adopted in the tribal election as prescribed under paragraph (a) of section 1300h–4 of this title or in a referendum by a majority of the voters and approved by the Secretary of the Interior. The Secretary shall approve such new membership requirements once adopted by the tribal voters unless he finds that the proposed amendment is contrary to Federal law.
(Pub. L. 100–420, § 5, Sept. 8, 1988, 102 Stat. 1578; Pub. L. 104–109, § 18, Feb. 12, 1996, 110 Stat. 766.)
heading: Amendments
text: 1996—Subsec. (d)(2). Pub. L. 104–109 substituted “requirement and base roll if such modifications are” for “requirement if such modification is”.
25 U.S.C. § 1300h–4 (INDIANS)
§ 1300h–4. Organization of tribe; constitution and governing body
(a) Governing document
Within one year following September 8, 1988, the Band’s governing body shall propose a governing document, and the Secretary shall conduct, pursuant to section 476 of this title, and in accordance with applicable rules and regulations, an election as to the adoption of the proposed document. The Secretary shall approve the governing document if approved by a majority of the tribal voters unless the Secretary finds that the proposed constitution, or any provision thereof, is contrary to Federal law.
(b) Interim governing document
Until the Band adopts and the Secretary approves a governing document, the Band’s interim governing document shall be the Lac Vieux Desert Constitution which bears the approval date of June 18, 1986, and a copy of which is in the files of the Division of Tribal Government Services, Bureau of Indian Affairs, Washington, District of Columbia.
(c) Interim governing body
Until the Band elects a new governing body pursuant to the new governing document, the Band’s governing body shall consist of its current Band officers, elected at the Band’s election held on November 5, 1986, or any new officers selected under election procedures of the interim governing document identified under subsection (b) of this section.
(Pub. L. 100–420, § 6, Sept. 8, 1988, 102 Stat. 1578.)
25 U.S.C. § 1300h–5 (INDIANS)
§ 1300h–5. Land acquisition; establishment of Federal reservation
(a) The Keweenaw Bay Indian Community is hereby authorized to convey, by deed to the United States in trust for the Band, all lands located in Gogebic County, Michigan, which, on September 8, 1988, are held in trust by the United States for the benefit of said community. The Secretary is hereby authorized and directed to approve and accept the deed with the expressed consent of the Keweenaw Bay Indian Community and the Band. Upon acceptance of the deed, all lands described therein shall constitute the reservation of the Band.
(b) The Secretary may place such other land into trust for the benefit of the Band pursuant to the provisions of the Act of June 18, 1934 (48 Stat. 84) [25 U.S.C. 461 et seq.], or any other Act: Provided, That any such land placed in trust which is located in Gogebic County, shall become part of the reservation.
(Pub. L. 100–420, § 7, Sept. 8, 1988, 102 Stat. 1579.)
heading: References in Text
text: Act of June 18, 1934, referred to in subsec. (b), 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. § 1300h–6 (INDIANS)
§ 1300h–6. Distribution of funds
(a) For the purpose of proceeding with the per capita distribution of the funds appropriated and subsequently apportioned to the Keweenaw Bay Indian Community in satisfaction of judgments awarded the Lake Superior Chippewas and Mississippi Chippewas in dockets numbered 18–C, 18–T, 18–S, and 18–U of the Indian Claims Commission, the Secretary of the Interior shall accept the tribe’s certification of enrolled membership.
(b) Individuals who are or become members of the Lac Vieux Desert Band and who are eligible for per capita shares out of funds apportioned to the Keweenaw Bay Indian Community or Sokaogan Chippewa Community shall continue to be eligible for such per capita payments notwithstanding their relinquishment of their enrollment in either community pursuant to section 1300h–3 of this title.
(Pub. L. 100–420, § 8, Sept. 8, 1988, 102 Stat. 1579.)
25 U.S.C. § 1300h–7 (INDIANS)
§ 1300h–7. Constitutional amendment
(a) Notwithstanding any other law or provision in the constitution of the Keweenaw Bay Indian Community, the Secretary shall call an election within 90 days of receipt of a resolution of the Keweenaw Bay Tribal Council requesting an election for the purpose of amending provisions of the constitution of the Keweenaw Bay Indian Community.
(b) The Secretary shall accept as voters eligible to vote on any amendments to the constitution of the Keweenaw Bay Indian Community—
(1) all those persons who were deemed eligible by the Keweenaw Bay Indian Community to vote in the most recent election for the Tribal Council, and
(2) any other person certified by the Keweenaw Bay Indian Community Tribal Council as—
(A) a member of the Keweenaw Bay Indian Community, and
(B) eligible to vote in any election for the Tribal Council.
(Pub. L. 100–420, § 9, Sept. 8, 1988, 102 Stat. 1579; Pub. L. 101–301, § 7, May 24, 1990, 104 Stat. 210.)
heading: Amendments
text: 1990—Pub. L. 101–301 designated existing provisions as subsec. (a) and added subsec. (b).
25 U.S.C. § 1300h–8 (INDIANS)
§ 1300h–8. Compliance with Budget Act
Notwithstanding any other provision of this subchapter, any spending authority provided under this subchapter shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts. For purposes of this subchapter, the term “spending authority” has the meaning provided in section 651(c)(2) 1 of title 2.
(Pub. L. 100–420, § 10, Sept. 8, 1988, 102 Stat. 1579.)
heading: References in Text
text: Section 651 of title 2, referred to in text, was amended by Pub. L. 105–33, title X, § 10116(a)(3), (5), Aug. 5, 1997, 111 Stat. 691, by striking out subsec. (c) and redesignating former subsec. (d) as (c).
25 U.S.C. § 1300i–2 (INDIANS)
§ 1300i–2. Preservation of Short cases
Nothing in this subchapter shall affect, in any manner, the entitlement established under decisions of the United States Court of Federal Claims in the Short cases or any final judgment which may be rendered in those cases.
(Pub. L. 100–580, § 3, Oct. 31, 1988, 102 Stat. 2927; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
heading: Amendments
text: 1992—Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.
heading: Effective Date of 1992 Amendment
text: Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
25 U.S.C. § 1300i–6 (INDIANS)
§ 1300i–6. Division of Settlement Fund remainder
(a) Any funds remaining in the Settlement Fund after the payments authorized to be made therefrom by subsections (c) and (d) of section 1300i–5 of this title and any payments made to successful appellants pursuant to section 1300i–4(d) of this title shall be paid to the Yurok Tribe and shall be held by the Secretary in trust for such tribe.
(b) Funds divided pursuant to this section and any funds apportioned to the Hoopa Valley Tribe and the Yurok Tribe pursuant to subsections (c) and (d) of section 1300i–3 of this title shall not be distributed per capita to any individual before the date which is 10 years after the date on which the division is made under this section: Provided, however, That if the Hoopa Valley Business Council shall decide to do so it may distribute from the funds apportioned to it a per capita payment of $5,000 per member, pursuant to the Act of August 2, 1983 (25 U.S.C. 117a et seq.).
(Pub. L. 100–580, § 7, Oct. 31, 1988, 102 Stat. 2931.)
heading: References in Text
text: Act of August 2, 1983, referred to in subsec. (b), is Pub. L. 98–64, Aug. 2, 1983, 97 Stat. 365, known as the “Per Capita Act”, which enacted sections 117a to 117c of this title and repealed section 117 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 117a of this title and Tables.
25 U.S.C. § 1300i–7 (INDIANS)
§ 1300i–7. Hoopa Valley Tribe; confirmation of status
The existing govening 1 documents of the Hoopa Valley Tribe and the governing body established and elected thereunder, as heretofore recognized by the Secretary, are hereby ratified and confirmed.
(Pub. L. 100–580, § 8, Oct. 31, 1988, 102 Stat. 2932.)
25 U.S.C. § 1300i–9 (INDIANS)
§ 1300i–9. Economic development
(a) Plan for economic self-sufficiency
The Secretary shall—
(1) enter into negotiations with the Yurok Transition Team and the Interim Council of the Yurok Tribe with respect to establishing a plan for economic development for the tribe; and
(2) in accordance with this section and not later than two years after October 31, 1988, develop such a plan.1
(3) upon the approval of such plan by the Interim Council or tribal governing body (and after consultation with the State and local officials pursuant to subsection (b) of this section), the Secretary shall submit such plan to the Congress.
(b) Consultation with State and local officials required
To assure that legitimate State and local interests are not prejudiced by the proposed economic self-sufficiency plan, the Secretary shall notify and consult with the appropriate officials of the State and all appropriate local governmental officials in the State. The Secretary shall provide complete information on the proposed plan to such officials, including the restrictions on such proposed plan imposed by subsection (c) of this section. 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) Restrictions to be contained in plan
Any plan developed by the Secretary under subsection (a) of this section shall provide that—
(1) any real property transferred by the tribe or any member to the Secretary shall be taken and held in the name of the United States 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 existing at the time of the acquisition of such land by the Secretary, including any lien, mortgage, or previously levied and outstanding State or local tax;
(B) foreclosure or sale in accordance with the laws of the State 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) Appendix to plan submitted to Congress
The Secretary shall append to the plan submitted to the Congress under subsection (a) of this section a detailed statement—
(1) naming each individual and official 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 party named in paragraph (1).
(Pub. L. 100–580, § 10, Oct. 31, 1988, 102 Stat. 2934.)
25 U.S.C. § 1300i–10 (INDIANS)
§ 1300i–10. Special considerations
(a) Estate for Smokers family
The 20 acre land assignment on the Hoopa Valley Reservation made by the Hoopa Area Field Office of the Bureau of Indian Affairs on August 25, 1947, to the Smokers family shall continue in effect and may pass by descent or devise to any blood relative or relatives of one-fourth or more Indian blood of those family members domiciled on the assignment on October 31, 1988.
(b) Rancheria merger with Yurok Tribe
If a majority of the adult members of any of the following Rancherias at Resighini, Trinidad, or Big Lagoon, vote to merge with the Yurok Tribe in an election which shall be conducted by the Secretary within ninety days after October 31, 1988, the tribes and reservations of those rancherias so voting shall be extinguished and the lands and members of such reservations shall be part of the Yurok Reservation with the unallotted trust land therein held in trust by the United States for the Yurok Tribe: Provided, however, That the existing governing documents and the elected governing bodies of any rancherias voting to merge shall continue in effect until the election of the Interim Council pursuant to section 1300i–8 of this title. The Secretary shall publish in the Federal Register a notice of the effective date of the merger.
(c) Preservation of leasehold and assignment rights of rancheria residents
Real property on any rancheria that merges with the Yurok Reservation pursuant to subsection (b) of this section that is, on October 31, 1988, held by any individual under a lease shall continue to be governed by the terms of the lease, and any land assignment existing on October 31, 1988, shall continue in effect and may pass by descent or devise to any blood relative or relatives of Indian blood of the assignee.
(Pub. L. 100–580, § 11, Oct. 31, 1988, 102 Stat. 2935.)