Ponca Restoration Act
PL 101-484 (S.1747), enacted 10/31/1990

PUBLIC LAW 101-484—OCT. 31, 1990 
104 STAT. 1167 
Public Law 101-
101st Congress 
•484 
An Act 
To provide for the restoration of Federal recognition to the Ponca Tribe of Nebraska, 
and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Ponca Restoration Act". 
DEFINITIONS 
SEC. 2. For purposes of this Act— 
(1) The term "Tribe" means the Ponca Tribe of Nebraska. 
(2) The term "Secretary" means the Secretary of the Interior 
or the designated representative of the Secretary of the Interior. 
(3) The term "Interim Council" means the Board of Directors 
of the Northern Ponca Restoration Committee, Inc. 
(4) The term "member" means a person who is enrolled on the 
membership roll of the Tribe of June 10, 1965, that w£is com-
piled by the Bureau of Indian Affairs or is entitled to be 
enrolled as a member of the Tribe under section 7. 
(5) The term "State" means the State of Nebraska. 
FEDERAL RECOGNITION 
SEC. 3. Federal recognition is hereby extended to the Ponca Tribe 
of Nebraska. All Federal laws of general application to Indians and 
Indian tribes (including the Act of June 18, 1934 (48 Stat. 984; 25 
U.S.C. 461, et seq.), popularly known as the Indian Reorganization 
Act) shall apply with respect to the Tribe and to the members. 
RESTORATION OF RIGHTS 
SEC. 4. (a) All rights and privileges of the Tribe which may have 
been abrogated or diminished before the date of enactment of this 
Act by reason of any provision of Public Law 87-629 are hereby 
restored and such law shall no longer apply with respect to the 
Tribe or the members. 
(b) Nothing in this Act may be construed to diminish any rights or 
privileges of the Tribe, or of the members, that exist prior to the 
enactment of this Act. 
(c) The Secretary shall accept not more than 1,500 acres of any 
real property located in Knox or Boyd Counties, Nebraska, that is 
transferred to the Secretary for the benefit of the Tribe. Such real 
property shall be accepted by the Secretary (subject to any rights, 
liens, or taxes that exist prior to the date of such transfer) in the 
name of the United States in trust for the benefit of the Tribe and 
shall be exempt from all taxes imposed by the Federal Government 
or any State or local government after such transfer. The Secretary 
Oct. 31, 1990 
[S. 1747] 
Ponca 
Restoration Act. 
25 u s e 983 note. 
25 u s e 983. 
25 u s e 983a. 
25 u s e 983b. 
Real property 
acquisition. 
104 STAT. 1168 
PUBLIC LAW 101-484—OCT. 31, 1990 
may accept any additional acreage in Knox or Boyd Counties pursu-
ant to his authority under the Act of June 18, 1934 (25 U.S.C. 461 et 
seq.). 
(d) Except as otherwise specificcdly provided in any other provi-
sion of this Act, nothing in this Act may be construed as altering or 
affecting— 
(1) any rights or obligations with respect to property, 
(2) any rights or obligations under any contract, 
(3) any hunting, fishing, trapping, gathering, or water rights 
of the Tribe or the members, or 
(4) any obligation to pay a tax levied before the date of 
enactment of this Act. 
(e) Reservation status shall not be granted any land acquired bv or 
for the Tribe. 
SERVICES 
25 use 983c. 
SEC. 5. Notwithstanding any other provision of law, the Tribe and 
its members shall be eligible, on or after the date of enactment of 
this Act, for all Federal services and benefits furnished to federally 
recognized tribes without regard to the existence of a reservation for 
South Dakota. 
the Tribe. In the case of Federal services available to members of 
federally recognized tribes residing on or near a reservation, mem-
bers of the Tribe residing in Knox, Boyd, Madison, Douglas, or 
Lancaster Counties of Nebraska or Charles Mix County of South 
Dakota shall be deemed to be residing on or near a reservation. 
INTERIM G O V E R N M E N T 
25 use 983d. 
SEC. 6. Until such time as a constitution for the Tribe is adopted in 
accordance with section 8(a) and tribal officials are elected under 
section 8(b), the Tribe shall be governed by the Interim Council. 
MEMBERSHIP ROLX, 
25 use 983e. 
SEC. 7. (a) Until a tribal constitution is adopted in accordance with 
section 8, the Interim Council shall take such measures as will 
insure the continuing accuracy of the membership roll of the Tribe. 
(bXl) Until a tribal constitution is adopted in accordance with 
section 8, an individual shall be eligible for membership in the 
Tribe, and the name of the individual shall be placed on the 
membership roll of the Tribe, if— 
(A) the individual is living and is not an enrolled member of 
another Indian tribe that is recognized by the Federal Govern-
ment, and 
(B) the individual— 
(i) was listed on the tribal membership roll of June 18, 
1965, that was compiled by the Bureau of Indian Affairs, 
(ii) notwithstanding the application or appeal deadline 
dates, was entitled to be listed on the membership roll of 
June 18, 1965, that was compiled by the Bureau of Indian 
Affairs, but was not listed, or 
(iii) is a lineal descendant of an individual, living or 
deceased, who is described in clause (i) or (ii). 
(2) Any individual who is excluded from the membership roll of 
the Tribe by the Interim Council may appeal to the Secretary for a 
determination of the eligibility of the individual for membership in 
the Tribe. Such determination by the Secretary shall be final. The 
PUBLIC LAW 101-484—OCT. 31, 1990 
104 STAT. 1169 
Interim Council shall include on the membership roll any such 
individual that the Secretary determines in such an appeal to be 
eligible for membership in the Tribe. 
(c) After adoption of a tribal constitution in accordance with 
section 8, the constitution of the Tribe shall govern membership in 
the Tribe. 
TRIBAL CONSTITUTION 
SEC. 8. (a) Upon the completion of the tribal membership roll and 
25 USC 983f. 
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 the date of enact-
ment of this Act. Absentee balloting shall be permitted regardless of 
voter residence. In every other regard, the election shall be held 
according to section 16 of the Indian Reorganization Act of June 
18,1934 (48 Stat. 984), as amended. 
(b) Not later than 120 days after the Tribe adopts a tribal constitu-
tion, 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) 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 the Internal Revenue Code of 
1986. 
REGULATIONS 
SEC. 9. The Secretary shall prescribe such regulations as may be 
25 USC 983g. 
necessary to carry out the provisions of this Act. 
ECONOMIC DEVEIX)PMENT PLAN 
SEC. 10. (a) The Secretary shall— 
25 USC 983h. 
(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 submit such plan to 
the Congress by no later than the date that is 2 years after the 
date of enactment of this Act. 
(b)(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 govern-
mental officials in the State with respect to the proposed economic 
development plan. The Secretary shall provide complete informa-
tion 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 subsec-
tion, the Secretary shall provide such information as the Secretary 
104 STAT. 1170 
PUBLIC LAW 101-484—OCT. 31, 1990 
may possess and shall request comments and additional information 
on the extent of any State or local service to the Tribe. 
(c) 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 
or3oyd 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) 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). 
Approved October 31, 1990. 
LEGISLATIVE HISTORY—S. 1747: 
HOUSE REPORTS: No. 101-776 (Comm. on Interior and Insular Affairs). 
SENATE REPORTS: No. 101-330 (Select Ck)mm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
July 18, considered and passed Senate. 
Oct. 10, considered and passed House, amended. 
Oct. 16, Senate concurred in House amendments.