dreamproit/uscode huggingface dataset:
25 U.S.C. § 1300f–3 (INDIANS)
§ 1300f–3. Study
(a) In general
The Secretary of the Interior shall conduct one or more studies to determine—
(1) whether the lands held in trust on October 14, 1994, by the United States for the Pascua Yaqui Tribe are adequate for the needs of the tribe for the foreseeable future;
(2) if such lands are not adequate—
(A) whether suitable additional lands are available for acquisition by exchange or purchase; and
(B) the cost and location of the suitable additional lands;
(3) whether the Pascua Yaqui Tribe has sufficient water rights and allocations to meet the needs of the tribe for the foreseeable future;
(4) if such water rights and allocations are not adequate—
(A) whether additional water can be acquired; and
(B) the potential sources and associated costs of such additional water;
(5) whether the Bureau of Indian Affairs and the Indian Health Service have limited funding to the Pascua Yaqui Tribe based on a determination of the tribal enrollment in 1978, rather than the current enrollment;
(6) if funding has been based on 1978 enrollment, how the funding levels can be adjusted to ensure that the Pascua Yaqui Tribe receives a fair and equitable portion of Bureau of Indian Affairs and Indian Health Service funding;
(7) the genealogy of the Pascua Yaqui Tribe; and
(8) the economic development opportunities available to the tribe as a result of the North American Free Trade Agreement.
(b) Tribal participation
The Secretary shall provide for the participation of members of the Pascua Yaqui Tribe to carry out subsection (a).
(c) Report
Not later than 2 years after the date on which funds are made available to carry out this section, the Secretary of the Interior shall submit a report to Congress that contains the results of each study conducted pursuant to subsection (a).
(d) Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
(Pub. L. 95–375, § 4, as added Pub. L. 103–357, § 2, Oct. 14, 1994, 108 Stat. 3418; amended Pub. L. 104–109, § 4, Feb. 12, 1996, 110 Stat. 764.)
heading: Amendments
text: 1996—Subsec. (b). Pub. L. 104–109 substituted “Tribe” for “tribe”.
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) 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)—
(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–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).
(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. § 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) 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.)
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), 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), 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. § 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), 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. § 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), 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) 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–3 (INDIANS)
§ 1300l–3. Membership rolls
(a) Compilation of tribal membership roll
Within 1 year after October 31, 1994, the Secretary shall, after consultation with the Tribe, compile a membership roll of the Tribe.
(b) Criteria for enrollments
(1) Until a tribal constitution is adopted pursuant to section 1300l–5 of this title, an individual shall be placed on the membership roll if the individual is living, is not an enrolled member of another federally recognized Indian tribe, is of United Auburn Indian Community ancestry, possesses at least one-eighth or more of Indian blood quantum, and if—
(A) the individual’s name was listed on the Auburn Indian Rancheria distribution roll compiled and approved by the Bureau of Indian Affairs on August 13, 1959, pursuant to Public Law 85–671;
(B) the individual was not listed on, but met the requirements that had to be met to be listed on, the Auburn Indian Rancheria distribution list compiled and approved by the Bureau of Indian Affairs on August 13, 1959, pursuant to Public Law 85–671; or
(C) the individual is a lineal descendant of an individual, living or dead, identified in subparagraph (A) or (B).
(2) After adoption of a tribal constitution pursuant to section 1300l–5 of this title, such tribal constitution shall govern membership in the Tribe, except that in addition to meeting any other criteria imposed in such tribal constitution, any person added to the membership roll shall be of United Auburn Indian Community ancestry and shall not be an enrolled member of another federally recognized Indian tribe.
(c) Conclusive proof of United Auburn Indian Community ancestry
For the purpose of subsection (b), the Secretary shall accept any available evidence establishing United Auburn Indian Community ancestry. The Secretary shall accept as conclusive evidence of United Auburn Indian Community ancestry information contained in the Auburn Indian Rancheria distribution list compiled by the Bureau of Indian Affairs on August 13, 1959.
(Pub. L. 103–434, title II, § 205, Oct. 31, 1994, 108 Stat. 4534.)
heading: References in Text
text: Public Law 85–671, referred to in subsec. (b)(1)(A), (B), is Pub. L. 85–671, Aug. 18, 1958, 72 Stat. 619, which is not classified to the Code.
25 U.S.C. § 1300l–5 (INDIANS)
§ 1300l–5. Tribal constitution
(a) Election; time and procedure
Upon the completion of the tribal membership roll under section 1300l–3(a) of this title and upon the written request of the Interim Council, the Secretary shall conduct, by secret ballot, an election for the purpose of adopting a constitution and bylaws for the Tribe. The election shall be held according to section 476 of this title, except that absentee balloting shall be permitted regardless of voter residence.
(b) Election of tribal officials; procedures
Not later than 120 days after the Tribe adopts a constitution and bylaws under subsection (a), the Secretary shall conduct an election by secret ballot for the purpose of electing tribal officials as provided in such tribal constitution. Such election shall be conducted according to the procedures specified in subsection (a) except to the extent that such procedures conflict with the tribal constitution.
(Pub. L. 103–434, title II, § 207, Oct. 31, 1994, 108 Stat. 4535.)
25 U.S.C. § 1300m–1 (INDIANS)
§ 1300m–1. Restoration of Federal recognition, rights, and privileges
(a) Federal recognition
Federal recognition is hereby extended to the Tribe. Except as otherwise provided in this subchapter, all laws and regulations of general application to Indians and nations, tribes, or bands of Indians that are not inconsistent with any specific provision of this subchapter shall be applicable to the Tribe and its members.
(b) Restoration of rights and privileges
Except as provided in subsection (d), all rights and privileges of the Tribe and its members under any Federal treaty, Executive order, agreement, or statute, or under any other authority which were diminished or lost under the Act of August 18, 1958 (Public Law 85–671; 72 Stat. 619), are hereby restored and the provisions of such Act shall be inapplicable to the Tribe and its members after November 2, 1994.
(c) Federal services and benefits
Without regard to the existence of a reservation, the Tribe and its members shall be eligible, on and after November 2, 1994, for all Federal services and benefits furnished to federally recognized Indian tribes or their members. In the case of Federal services available to members of federally recognized Indian tribes residing on a reservation, members of the Tribe residing in the Tribe’s service area shall be deemed to be residing on a reservation.
(d) Hunting, fishing, trapping, and water rights
Nothing in this subchapter shall expand, reduce, or affect in any manner any hunting, fishing, trapping, gathering, or water right of the Tribe and its members.
(e) Indian Reorganization Act applicability
The Act of June 18, 1934 (25 U.S.C. 461 et seq.), shall be applicable to the Tribe and its members.
(f) Certain rights not altered
Except as specifically provided in this subchapter, nothing in this subchapter shall alter any property right or obligation, any contractual right or obligation, or any obligation for taxes levied.
(Pub. L. 103–454, title III, § 303, Nov. 2, 1994, 108 Stat. 4793.)
heading: References in Text
text: Act of August 18, 1958, referred to in subsec. (b), is Pub. L. 85–671, Aug. 18, 1958, 72 Stat. 619, which is not classified to the Code.
Act of June 18, 1934, referred to in subsec. (e), popularly known as the Indian Reorganization Act, is classified generally to subchapter V (§ 461 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables.
25 U.S.C. § 1300m–2 (INDIANS)
§ 1300m–2. Economic development
(a) Plan for economic development
The Secretary shall—
(1) enter into negotiations with the governing body of the Tribe with respect to establishing a plan for economic development for the Tribe;
(2) in accordance with this section and not later than two years after the adoption of a tribal constitution as provided in section 1300m–6 of this title, develop such a plan; and
(3) upon the approval of such plan by the governing body of the Tribe, submit such plan to the Congress.
(b) Restrictions
Any proposed transfer of real property contained in the plan developed by the Secretary under subsection (a) shall be consistent with the requirements of section 1300m–3 of this title.
(Pub. L. 103–454, title III, § 304, Nov. 2, 1994, 108 Stat. 4794.)
25 U.S.C. § 1300m–4 (INDIANS)
§ 1300m–4. Membership rolls
(a) Compilation of tribal membership roll
Within one year after November 2, 1994, the Secretary shall, after consultation with the Tribe, compile a membership roll of the Tribe.
(b) Criteria for membership
(1) Until a tribal constitution is adopted pursuant to section 1300m–6 of this title, an individual shall be placed on the membership roll if such individual is living, is not an enrolled member of another federally recognized Indian tribe, is of Nomlaki Indian ancestry, and if—
(A) such individual’s name was listed on the Paskenta Indian Rancheria distribution roll compiled on February 26, 1959, by the Bureau of Indian Affairs and approved by the Secretary of the Interior on July 7, 1959, pursuant to Public Law 85–671;
(B) such individual was not listed on the Paskenta Indian Rancheria distribution list, but met the requirements that had to be met to be listed on the Paskenta Indian Rancheria list;
(C) such individual is identified as an Indian from Paskenta in any of the official or unofficial rolls of Indians prepared by the Bureau of Indian Affairs; or
(D) such individual is a lineal descendant of an individual, living or dead, identified in subparagraph (A), (B), or (C).
(2) After adoption of a tribal constitution pursuant to section 1300m–6 of this title, such tribal constitution shall govern membership in the Tribe.
(c) Conclusive proof of Paskenta Indian ancestry
For the purpose of subsection (b), the Secretary shall accept any available evidence establishing Paskenta Indian ancestry. The Secretary shall accept as conclusive evidence of Paskenta Indian ancestry, information contained in the census of the Indians in and near Paskenta, prepared by Special Indian Agent John J. Terrell, in any other roll or census of Paskenta Indians prepared by the Bureau of Indian Affairs, and in the Paskenta Indian Rancheria distribution list, compiled by the Bureau of Indian Affairs on February 26, 1959.
(Pub. L. 103–454, title III, § 306, Nov. 2, 1994, 108 Stat. 4794.)
heading: References in Text
text: Public Law 85–671, referred to in subsec. (b)(1)(A), is Pub. L. 85–671, Aug. 18, 1958, 72 Stat. 619, which is not classified to the Code.