dreamproit/uscode huggingface dataset:
25 U.S.C. § 941g (INDIANS)
§ 941g. Tribal constitution and governance
(a) Indian Reorganization Act
If the Tribe so elects, it may organize under the Act of June 18, 1934 (25 U.S.C. 461 et seq.; commonly referred to as the “Indian Reorganization Act”). The Tribe shall be subject to such Act except to the extent such sections are inconsistent with this subchapter.
(b) Adoption of new tribal constitution
Within 180 days after the effective date of this subchapter, the Executive Committee shall draft and distribute to each Member eligible to vote under the tribal constitution in effect on the effective date of this subchapter, a proposed constitution and bylaws for the Tribe together with a brief, impartial description of the proposed constitution and bylaws and a notice of the date, time and location of the election under this subsection. Not sooner than 30 days or later than 90 days after the distribution of the proposed constitution, the Executive Committee shall conduct a secret-ballot election to adopt a new constitution and bylaws.
(c) Majority vote for adoption; procedure in event of failure to adopt proposed constitution
(1) The tribal constitution and bylaws shall be ratified and adopted if—
(A) not less than 30 percent of those entitled to vote do vote; and
(B) approved by a majority of those actually voting.
(2) If in any such election such majority does not approve the adoption of the proposed constitution and bylaws, the Executive Committee shall prepare another proposed constitution and bylaws and present it to the Tribe in the same manner provided in this section for the first constitution and bylaws. Such new proposed constitution and bylaws shall be distributed to the eligible voters of the Tribe no later than 180 days after the date of the election in which the first proposed constitution and bylaws failed of adoption. An election on the question of the adoption of the new proposal of the Executive Committee shall be conducted in the same manner provided in subsection (b) for the election on the first proposed constitution and bylaws.
(d) Election of tribal officers
Within 120 days after the Tribe ratifies and adopts a constitution and bylaws, the Executive Committee shall conduct an election by secret ballot for the purpose of electing tribal officials as provided in the constitution and bylaws. Subsequent elections shall be held in accordance with the Tribe’s constitution and bylaws.
(e) Extension of time
Any time periods prescribed in subsections (b) and (c) may be altered by written agreement between the Executive Committee and the Secretary.
(Pub. L. 103–116, § 9, Oct. 27, 1993, 107 Stat. 1125.)
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.
For the effective date of this subchapter, referred to in subsec. (b), see Effective Date note set out under section 941 of this title.
25 U.S.C. § 983f (INDIANS)
§ 983f. Tribal constitution
(a) Adoption by secret ballot; absentee balloting
Upon the completion of the tribal membership roll and upon the written request of the Interim Council, the Secretary shall conduct, by secret ballot, an election to adopt a constitution for the Tribe. Such constitution shall be submitted by the Interim Council to the Secretary no later than 1 year following October 31, 1990. Absentee balloting shall be permitted regardless of voter residence. In every other regard, the election shall be held according to section 476 of this title.
(b) Election of tribal officials
Not later than 120 days after the Tribe adopts a tribal constitution, the Secretary shall conduct an election by secret ballot for the purpose of electing tribal officials as provided in the constitution. Said election shall be conducted according to the procedures stated in subsection (a) of this section except to the extent that said procedures conflict with the tribal constitution.
(c) Governing body treated as Indian tribal government for purposes of taxation
Notwithstanding any other provision of law, the governing body of the Tribe established under the constitution of the Tribe that is adopted under subsection (a) shall be treated as an Indian tribal government for purposes of title 26.
(Pub. L. 101–484, § 8, Oct. 31, 1990, 104 Stat. 1169.)
25 U.S.C. § 983h (INDIANS)
§ 983h. Economic development plan
(a) Establishment; submittal to Congress
The Secretary shall—
(1) enter into negotiations with the governing body of the Tribe to establish a plan for economic development for the Tribe;
(2) in accordance with this section, establish such a plan; and
(3) upon the approval of such plan by the governing body of the Tribe (and after consultation with the State and local officials pursuant to subsection (b)), shall 1 submit such plan to the Congress by no later than the date that is 3 years after October 31, 1990.
(b) Consultation with State and local officials
(1) To ensure that legitimate State and local interests are not prejudiced by the economic development plan established under subsection (a), the Secretary shall notify and consult with the appropriate officials of the State and all appropriate local governmental officials in the State with respect to the proposed economic development plan. The Secretary shall provide complete information on the proposed economic development plan to such officials, including the restrictions imposed on such plan by subsection (c).
(2) During any consultation by the Secretary under this subsection, the Secretary shall provide such information as the Secretary may possess and shall request comments and additional information on the extent of any State or local service to the Tribe.
(c) Required provisions
Any economic development plan established by the Secretary under subsection (a) shall provide that—
(1) real property acquired by or for the Tribe located in Knox or Boyd Counties, Nebraska, shall be taken by the Secretary in the name of the United States in trust for the benefit of the Tribe;
(2) any real property taken in trust by the Secretary pursuant to such plan shall be subject to—
(A) all legal rights and interests in such land held by any person at the time of acquisition of such land by the Secretary, including any lien, mortgage, or previously levied and outstanding State or local tax, and
(B) foreclosure or sale in accordance with the laws of the State of Nebraska pursuant to the terms of any valid obligation in existence at the time of the acquisition of such land by the Secretary; and
(3) any real property transferred pursuant to such plan shall be exempt from Federal, State, and local taxation of any kind.
(d) Statement regarding individuals consulted, and testimony or comments received by Secretary
The Secretary shall append to the economic development plan submitted to the Congress under subsection (a) a detailed statement—
(1) naming each individual consulted in accordance with subsection (b);
(2) summarizing the testimony received by the Secretary pursuant to any such consultation; and
(3) including any written comments or reports submitted to the Secretary by any individual named in paragraph (1).
(Pub. L. 101–484, § 10, Oct. 31, 1990, 104 Stat. 1169; Pub. L. 102–497, § 2, Oct. 24, 1992, 106 Stat. 3255.)
heading: Amendments
text: 1992—Subsec. (a)(3). Pub. L. 102–497 substituted “3 years” for “2 years”.
25 U.S.C. § 1041c (INDIANS)
§ 1041c. Establishment of a tribal roll
(a) Approval of base roll
Not later than 180 days after December 27, 2000, the Tribe 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 are eligible for membership under subsection (b).
(b) Base roll eligibility
An individual is eligible for enrollment on the base membership roll of the Tribe if that individual—
(1) is on, or eligible to be on, the membership roll of Cherokee Shawnees maintained by the Tribe prior to December 27, 2000, which is separate from the membership roll of the Cherokee Nation; or
(2) is a lineal descendant of any person—
(A) who was issued a restricted fee patent to land pursuant to Article 2 of the Treaty of May 10, 1854, between the United States and the Tribe (10 Stat. 1053); or
(B) whose name was included on the 1871 Register of names of those members of the Tribe who moved to, and located in, the Cherokee Nation in Indian Territory pursuant to the Agreement entered into by and between the Tribe and the Cherokee Nation on June 7, 1869.
(c) Future membership
Future membership in the Tribe shall be as determined under the eligibility requirements set out in subsection (b)(2) or under such future membership ordinance as the Tribe may adopt.
(Pub. L. 106–568, title VII, § 705, Dec. 27, 2000, 114 Stat. 2915.)
25 U.S.C. § 1041d (INDIANS)
§ 1041d. Organization of the Tribe; tribal constitution
(a) Existing constitution and governing body
The existing constitution and bylaws of the Cherokee Shawnee and the officers and members of the Shawnee Tribal Business Committee, as constituted on December 27, 2000, are hereby recognized respectively as the governing documents and governing body of the Tribe.
(b) Constitution
Notwithstanding subsection (a), the Tribe shall have a right to reorganize its tribal government pursuant to section 503 of this title.
(Pub. L. 106–568, title VII, § 706, Dec. 27, 2000, 114 Stat. 2915.)
25 U.S.C. § 1300b–13 (INDIANS)
§ 1300b–13. Band roll
(a) Establishment; publication in Federal Register
Within one year of January 8, 1983, the Secretary shall, after consultation with the Tribe, compile a roll of those members of the Tribe who possess Kickapoo blood and who are also members of the Band. When said roll is complete, the Secretary shall immediately publish notice in the Federal Register stating that the roll has been completed. The Secretary shall ensure that the roll, once completed, is maintained and that it is current.
(b) Report to Congress
If the Secretary does not compile the roll within the period prescribed in subsection (a), he shall submit a report to Congress setting forth the reasons he did not do so.
(c) Citizenship for applicants
For a period of five years after the publication of the Federal Register notice required under subsection (a), any member of the Band whose name appears on the roll compiled by the Secretary, may, at his option, apply for United States citizenship. Such application shall be made to the Immigration and Naturalization Service and, upon receipt of the application, citizenship shall promptly be granted to the applicant.
(d) Border crossing, living and working rights
Notwithstanding the Immigration and Nationality Act [8 U.S.C. 1101 et seq.], all members of the Band shall be entitled to freely pass and repass the borders of the United States and to live and work in the United States.
(Pub. L. 97–429, § 4, Jan. 8, 1983, 96 Stat. 2269.)
heading: References in Text
text: The Immigration and Nationality Act, referred to in subsec. (d), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.
heading: Abolition of Immigration and Naturalization Service and Transfer of Functions
text: For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.
25 U.S.C. § 1300b–16 (INDIANS)
§ 1300b–16. Provision of Federal Indian services
(a) Eligibility for Federal Indian services
Notwithstanding any other provision of law authorizing the provision of special programs and services by the United States to Indians because of their status as Indians, the Band and its members in Maverick County, Texas shall be eligible for such programs and services without regard to the existence of a reservation, the residence of members of the Band on or near a reservation, or the compilation of the roll pursuant to section 1300b–13(a) of this title.
(b) Cooperation with Mexican Government and joint funding agreements for meeting special tricultural needs of the Band
In providing services pursuant to subsection (a), the Secretary and the head of each department and agency shall consult and cooperate with appropriate officials or agencies of the Mexican Government to the greatest extent possible to ensure that such services meet the special tricultural needs of the Band and its members. Such consultation and cooperation may include, whenever practicable, joint funding agreements between such agency or department of the United States and the appropriate agencies and officials of the Mexican Government.
(Pub. L. 97–429, § 7, Jan. 8, 1983, 96 Stat. 2270.)
25 U.S.C. § 1300d–1 (INDIANS)
§ 1300d–1. Lower Council Sioux
(a) Membership rolls; applications
The Flandreau Santee Sioux Tribe of South Dakota and the Santee Sioux Tribe of Nebraska shall bring current their membership rolls as of October 25, 1972. The Lower Sioux Indian Community at Morton, Minnesota, the Prairie Island Indian Community at Welch, Minnesota, and the Shakopee Mdewakanton Sioux Community of Minnesota shall prepare rolls of their members who are lineal descendants of the Mdewakanton and Wahpakoota Tribes, and who were born on or prior to and are living on October 25, 1972, using available records and rolls at the local agency and area offices, and any other available records and rolls. Applications for enrollment must be filed with each group named in this section and such rolls shall be subject to approval of the Secretary of the Interior. The Secretary’s determination on all applications shall be final.
(b) Roll of lineal descendants; applications
The Secretary of the Interior shall prepare a roll of the lineal descendants of the Mdewakanton and Wahpakoota Tribe who were born on or prior to and are living on October 25, 1972, whose names or the names of a lineal ancestor appears on any available records and rolls acceptable to the Secretary, and who are not members of any of the organized groups listed in subsection (a). Applications for enrollment must be filed with the Area Director, Bureau of Indian Affairs, Aberdeen, South Dakota. The Secretary’s determination on all applications for enrollment shall be final.
(Pub. L. 92–555, title I, § 101, Oct. 25, 1972, 86 Stat. 1168.)
25 U.S.C. § 1300d–3 (INDIANS)
§ 1300d–3. Upper Council Sioux
(a) Membership rolls; applications
The Devils Lake Sioux Tribe of North Dakota, and the Sisseton and Wahpeton Sioux Tribe of South Dakota, shall bring current their membership rolls of October 25, 1972. The Assiniboine and Sioux Tribes of the Fort Peck Reservation, Montana, shall prepare rolls of their members who are lineal descendants of the Sisseton and Wahpeton Mississippi Sioux Tribe, who were born on or prior to and are living on October 25, 1972, and who are entitled to enrollment on their respective membership rolls in accordance with the applicable rules and regulations of the tribe or group involved, using available records and rolls at the local agency and area offices, and any other available records and rolls. Applications for enrollment must be filed with each group named in this section and such rolls shall be subject to approval of the Secretary of the Interior. The Secretary’s determination on all applications for enrollment shall be final.
(b) Roll of lineal descendants; applications
Subject to the Mississippi Sioux Tribes Judgment Fund Distribution Act of 1998 [25 U.S.C. 1300d–21 et seq.], the Secretary of the Interior shall prepare a roll of the lineal descendants of the Sisseton and Wahpeton Mississippi Sioux Tribe who were born on or prior to and are living on October 25, 1972, whose names or the name of a lineal ancestor appears on any available records and rolls acceptable to the Secretary, and who are not members of any of the organized groups listed in subsection (a). Applications for enrollment must be filed with the Area Director, Bureau of Indian Affairs, Aberdeen, South Dakota. The Secretary’s determination on all applications for enrollment shall be final.
(Pub. L. 92–555, title II, § 201, Oct. 25, 1972, 86 Stat. 1169; Pub. L. 105–387, § 7(d)(2), Nov. 13, 1998, 112 Stat. 3475.)
heading: References in Text
text: The Mississippi Sioux Tribes Judgment Fund Distribution Act of 1998, referred to in subsec. (b), is Pub. L. 105–387, Nov. 13, 1998, 112 Stat. 3471, which is classified principally to part B (§ 1300d–21 et seq.) of this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 1300d of this title and Tables.
heading: Amendments
text: 1998—Subsec. (b). Pub. L. 105–387 substituted “Subject to the Mississippi Sioux Tribes Judgment Fund Distribution Act of 1998, the Secretary” for “The Secretary”.
25 U.S.C. § 1300d–23 (INDIANS)
§ 1300d–23. Distribution of funds to tribes
(a) In general
(1) Amount distributed
(A) In general
Subject to section 1300d–27(e) of this title and if no action is filed in a timely manner (as determined under section 1300d–27(d) of this title) raising any claim identified in section 1300d–27(a) of this title, not earlier than 365 days after November 13, 1998, and not later than 415 days after November 13, 1998, the Secretary shall transfer to the Fund Account to be credited to accounts established in the Fund Account for the benefit of the applicable governing bodies under paragraph (2) an aggregate amount determined under subparagraph (B).
(B) Aggregate amount
The aggregate amount referred to in subparagraph (A) is an amount equal to the remainder of—
(i) the funds described in section 1300d–22 of this title; minus
(ii) an amount equal to 71.6005 percent of the funds described in section 1300d–22 of this title.
(2) Distribution of funds to accounts in the Fund Account
The Secretary shall ensure that the aggregate amount transferred under paragraph (1) is allocated to the accounts established in the Fund Account as follows:
(A) 28.9276 percent of that amount shall be allocated to the account established for the benefit of the tribal governing body of the Spirit Lake Tribe of North Dakota.
(B) 57.3145 percent of that amount, after payment of any applicable attorneys’ fees and expenses by the Secretary under the contract numbered A00C14202991, approved by the Secretary on August 16, 1988, shall be allocated to the account established for the benefit of the tribal governing body of the Sisseton and Wahpeton Sioux Tribe of South Dakota.
(C) 13.7579 percent of that amount shall be allocated to the account established for the benefit of the tribal governing body of the Assiniboine and Sioux Tribes of the Fort Peck Reservation in Montana, as designated under subsection (c).
(b) Use
Amounts distributed under this section to accounts referred to in subsection (d) for the benefit of a tribal governing body shall be distributed and used in a manner consistent with section 1300d–24 of this title.
(c) Tribal governing body of Assiniboine and Sioux Tribes of Fort Peck Reservation
For purposes of making distributions of funds pursuant to this part, the Sisseton and Wahpeton Sioux Council of the Assiniboine and Sioux Tribes shall act as the governing body of the Assiniboine and Sioux Tribes of the Fort Peck Reservation.
(d) Tribal Trust Fund Accounts
The Secretary of the Treasury, in cooperation with the Secretary of the Interior, acting through the Office of Trust Fund Management of the Department of the Interior, shall ensure that such accounts as are necessary are established in the Fund Account to provide for the distribution of funds under subsection (a)(2).
(Pub. L. 105–387, § 4, Nov. 13, 1998, 112 Stat. 3471.)
25 U.S.C. § 1300d–26 (INDIANS)
§ 1300d–26. Distribution of funds to lineal descendants
(a) In general
Subject to section 1300d–27(e) of this title, the Secretary shall, in the manner prescribed in section 1300d–4(c) of this title, distribute to the lineal descendants of the Sisseton and Wahpeton Tribes of Sioux Indians an amount equal to 71.6005 percent of the funds described in section 1300d–22 of this title, subject to any reduction determined under subsection (b).
(b) Adjustments
(1) In general
Subject to section 1300d–27(e) of this title, if the number of individuals on the final roll of lineal descendants certified by the Secretary under section 1300d–3(b) of this title is less than 2,588, the Secretary shall distribute a reduced aggregate amount to the lineal descendants referred to in subsection (a), determined by decreasing—
(A) the percentage specified in section 1300d–23(a)(B)(ii) 1 of this title by a percentage amount equal to—
(i) .0277; multiplied by
(ii) the difference between 2,588 and the number of lineal descendants on the final roll of lineal descendants, but not to exceed 600; and
(B) the percentage specified in subsection (a) by the percentage amount determined under subparagraph (A).
(2) Distribution
If a reduction in the amount that otherwise would be distributed under subsection (a) is made under paragraph (1), an amount equal to that reduction shall be added to the amount available for distribution under section 1300d–23(a)(1) of this title, for distribution in accordance with section 1300d–23(a)(2) of this title.
(c) Verification of ancestry
In seeking to verify the Sisseton and Wahpeton Mississippi Sioux Tribe ancestry of any person applying for enrollment on the roll of lineal descendants after January 1, 1998, the Secretary shall certify that each individual enrolled as a lineal descendant can trace ancestry to a specific Sisseton or Wahpeton Mississippi Sioux Tribe lineal ancestor who was listed on—
(1) the 1909 Sisseton and Wahpeton annuity roll;
(2) the list of Sisseton and Wahpeton Sioux prisoners convicted for participating in the outbreak referred to as the “1862 Minnesota Outbreak”;
(3) the list of Sioux scouts, soldiers, and heirs identified as Sisseton and Wahpeton Sioux on the roll prepared pursuant to the Act of March 3, 1891 (26 Stat. 989 et seq., chapter 543); or
(4) any other Sisseton or Wahpeton payment or census roll that preceded a roll referred to in paragraph (1), (2), or (3).
(Pub. L. 105–387, § 7, Nov. 13, 1998, 112 Stat. 3474.)
heading: References in Text
text: Act of March 3, 1891, referred to in subsec. (c)(3), is act Mar. 3, 1891, ch. 543, 26 Stat. 989. Provisions of the act relating to preparation of the roll are not classified to the Code.
heading: Codification
text: Section is comprised of section 7 of Pub. L. 105–387. Subsec. (d) of section 7 of Pub. L. 105–387 amended sections 1300d–3 and 1300d–4 of this title.