An Act to repeal the Act terminating Federal supervision over the property and members of the Menominee Indian Tribe of Wisconsin; to reinstitute the Menominee Indian Tribe of Wisconsin as a federally recognized sovereign Indian tribe; and to restore to the Menominee Tribe of Wisconsin those Federal services furnished to American Indians because of their status as American Indians; and for other purposes.
PL 93-197 (H.R.10717), enacted 12/22/1973

770 
PUBLIC LAW 93-196-DEC. 20, 1973 
[87 STAT. 
December 20, 1973 
[S. J. Res.180] 
Public Law 93-196 
...^..i^^.^-
JOINT RESOLUTION 
Relative to the convening of the second session of the Ninety-third Congress. 
93rd Congre 
Second sess 
s s . 
ion. 
Resolved hy the Senate mid House of Representatives 
of the United 
States of America in Congress assembled, That the second regular ses-
sion of the Ninety-third Congress shall begin at noon on Monday, Jan-
uary 21, 1974, or at noon on the second day after their respective 
Members are notified to reassemble in accordance with section 2 of this 
resolution, whichever event first occurs. 
SEC. 2. The Speaker of the House of Eepresentatives and the Presi-
dent pro tempore of the Senate, or the Majority Leader of the Senate 
and the Majority Leader of the House of Representatives, or the 
Minority Leader of the Senate and the Minority Leader of the House 
of Representatives, shall notify the Members of the Senate and the 
House of Representatives, respectively, to reassemble whenever in their 
opinion the public interest shall warrant it. 
Approved December 20, 1973. 
December 22, 1973 
[H. R.10717] 
Public Law 93-197 
Li ^' 
AN ACT 
To repeal the Act terminating Federal supervision over the property and members 
of the Menominee Indian Trilie of Wisconsin; to reinstitute the jVIenominee 
Indian Tribe of Wisconain as a federally recognized sovereign Indian tribe; 
uiid to restore to the Menominee Tribe of Wisconsin those Federal services 
furnished to American Indians because of their status as American Indians; 
and for other purposes. 
Menominee 
Restoration Act. 
Definitions. 
Menominee 
Indian Tribe, 
Wis., Federal 
recognition. 
Repeal; rein-
statement of tribal 
rights and privi-
leges. 
Be it enacted hy the Senate ami House of Representatives 
of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Menominee Restoration Act". 
SEC. 2. For the purposes of this Act— 
(1) The term "tribe" means the Menominee Indian Tribe of 
Wisconsin. 
(2) The term "Secretary" means the Secretary of the Interior. 
(3) The term "Menominee Restoration Committee" means that 
committee of nine Menominee Indians who shall be elected pursuant to 
subsections 4(a) and 4(b) of this Act. 
SEC. 3. (a) Notwithstanding the provisions of the Act of June 17, 
1954 (68 Stat. 250; 25 U.S.C. 891-902), as amended, or any other law, 
Federal recognition is hereby extended to the Menominee Indian 
Tribe of Wisconsin and the provisions of the Act of June 18, 1934 
(48 Stat. 984; 25 LLS.C. 461 et seq.), as amended, are made applicable 
to it. 
(b) The Act of June 17, 1954 (68 Stat. 250; 25 U.S.C. 891-902), as 
amended, is hereby repealed and there are hereby reinstated all rights 
and privileges of the tribe or its members under Federal treaty, statute, 
or otherwise which may have been diminished or lost pursuant to such 
Act. 
(c) Xothiiig contained in this Act shall diminish any rights or priv-
ileges enjoyed by the tribe or its members now or prior to June 17, 
1954, under Federal treaty, statute, or otherwise, which are not incon-
sistent with the provisions of this Act. 
(d) Except as specifically provided in this Act, nothing contained 
in this Act shall alter any property rights or obligations, any con-
87 
STAT.] 
PUBLIC LAW 93-197-DEC. 22, 1973 
771 
ti'acturtl righ<-s or obligations, including existing fishing rights, or any 
obligations for taxes already levied. 
(e) In providing to the tribe such services to which it may be 
entitled upon its recognition pursuant to subsection (a) of this sec-
tion, the Secretary of the Interior and the Secretary of Health, Edu-
cation, and Welfare, as appropriate, are authorized from 
funds 
appropriated pursuant to the Act of November 2, 1921 (42 Stat 208; 
25 U.S.C. 13), the Act of August 5, 1954 (68 Stat. 674), as amended, 
or any other Act authorizing appropriations for the administration 
of Indian affairs, upon the request of the tribe and subject to such 
terms and conditions as may be mutually agreed to, to make grants 
and contract to make grants which will accomplish the general pur-
poses for which the funds were appropriated. The Menominee Restora-
tion Committee shall have full authority and capacity to be a party 
to receive such grants to make such contracts, and to bind the tribal 
governing body as the successor in interest to the Menominee Restora-
tion Conmiittee: Prot'kled, howener. That tlie Menominee Restoration 
Conunittee shall have no authority to bind the tribe for a period of 
more than six months after the date on which the tribal governing 
body takes office. 
SEC. 4. (a) Within fifteen days after the enactment of this Act, the 
Secretary shall announce the date of a general council meeting of the 
tribe to nominate candidates for election to the Menominee Restora-
tion Committee. Such general council meeting shall be held within 
thiiiy days of the date of enactment of this Act. Within forty-five days 
of the general council meeting provided for herein, the Secretary shall 
hold an election by secret ballot, absentee balloting to be permitted, to 
elect the membership of the Menominee Restoration Committee from 
among the nominees submitted to him from the general council meet-
ing provided for herein. The ballots shall provide for write-in votes. 
The Secretary shall approve the Menominee Restoration Committee 
elected pursuant to this section if he is satisfied that the requirements 
of this section relating to the nominating and election process have 
been met. The Menominee Restoration Committee shall represent the 
Menominee people in the implementation of this Act and shall have 
no powers other than those given to it in accordance with this Act. The 
Menominee Restoration Committee shall have no power or authority 
under this Act after the time which the duly-elected tribal governing 
body takes office: P7'omded, however^ That this provision shall in no 
way invalidate or affect grants or contracts made pursuant to the 
provisions of subsection 3 (e) of this Act. 
(b) In the absence of a completed tribal roll prepared pursuant to 
subsection (c) hereof and solely for the purposes of the general council 
meeting and the election provided for in subsection (a) hereof, all 
living persons on the final roll of the tribe published under section 3 
of the Act of June 17,1954 (25 U.S.C. 893), and all descendants, who 
are at least eighteen years of age and who possess at least one-quarter 
degree of Menominee Indian blood, of persons on such roll shall be 
entitled to attend, participate, and vote at such general council meeting 
and such election. Verification of descendancy, age, and blood quantum 
shall be made upon oath before the Secretary or his authorized repre-
sentative and his determination thereon shall be conclusive and final. 
The Secretary shall assure that adequate notice of such meeting and 
election shall be provided eligible voters. 
(c) The membership roll of the tribe which was closed as of June 17, 
1954, is hereby declared open. The Secretary, under contract with the 
Grants. 
73 Stat. 267. 
42 u s e 2 001. 
Menominee 
Restoration Com-
mittee, election. 
Voting, eligi-
bility. 
68 Stat. 250. 
Meeting, notice. 
Membership 
roll, revision. 
772 
PUBLIC LAW 93-197-DEC. 22, 1973 
[87 STAT. 
Tribal consti-
tution and bylaws. 
48 Stat. 984. 
2 5 u s e 461. 
Tribal officials, 
election. 
Menominee 
Enterprises, Inc., 
asset assumption 
plan, submittal to 
Congress. 
Menominee Restoration Committee, shall proceed to make current the 
roll in accordance with the terms of this Act. The names of all enrollees 
who are deceased as of the date of enactment of this Act shall be 
stricken. The names of any descendants of an enrollee shall be added 
to the roll provided such descendant possesses at least one-quarter 
decree Menominee Indian blood. Upon installation of elected consti-
tutional officers of the tribe, the Secretary and the Menominee Eestora-
tion Committee sliall deliver their records, files, and any other material 
relating to enrollment matters to the tribal governing body. All further 
work in bringing and maintaining current the tribal roll shall be per-
formed in such manner as may be prescribed in accordance with the 
tribal governing documents. Until responsibility for the tribal roll is 
assumed by the tribal governing body, appeals from the omission or 
inclusion of any name upon the tribal roll shall lie with the Secretary 
and his determination thereon shall be final. The Secretary shall make 
the final determination of each such appeal within ninety days after 
an appeal is initiated. 
SEC. 5. (a) Upon recpest from the Menominee Restoration Com-
mittee, the Secretary shall conduct an election by secret ballot, pur-
suant to the provisions of the Act of June 18,1934, as amended, for the 
purpose of determining the tribe's constitution and bylaws. The elec-
tion shall be held within sixty days after final certification of the tribal 
roll. 
(b) The Menominee Restoration Committee shall distribute to all 
enrolled persons who are entitled to vote in the election, at least thirty 
days before the election, a copy of the constitution and bylaws as 
drafted by the Menominee Restoration Committee which will be pre-
sented at the election, along wdth a brief impartial description of the 
constitution and bylaws. The Menominee Restoration Committee shall 
freely consult with persons entitled to vote in the election concerning 
the text and description of the constitution and bylaws. Such con-
sultation shall not be carried on within fifty feet of the polling places 
on the date of the election. 
(c) Within one hundred and twenty days after the tribe adopts a 
constitution and bylaws, the Menominee Restoration Committee shall 
conduct an election by secret ballot for the purpose of determining 
the individuals who will serve as tribal officials as provided in the 
tribal constitution and bylaws. For the purpose of this initial election 
and notwithstanding any provision in the tribal constitution and 
bylaws to the contrary, absentee balloting shall be permitted and all 
tribal members who are eighteen years of age or over shall be entitled 
to vote in the election. All further elections of tribal officers shall be 
as provided in the tribal constitution and bylaws and ordinances 
adopted thereunder. 
(d) In any election held pursuant to this section, the vote of a 
majority of those actually voting shall be necessary and sufficient to 
effectuate the adoption of a tribal constitution and bylaws and the 
initial election of the tribe's governing body, so long as, in each such 
election, the total vote cast is at least 30 per centum of those entitled 
to vote. 
(e) The time periods set forth in subsections 4(c), 5(a), and 5(c) 
may be changed by the written agreement of the Secretary and the 
Menominee Restoration Committee. 
SEC. 6. (a) The Secretary shall negotiate with the elected members 
of the Menominee Common Stock and Voting Trust and the Board of 
Directors of Menominee Enterprises, Incorporated, or their authorized 
representatives, to develop a plan for the assumption of the assets of 
87 STAT. ] 
PUBLIC LAW 93-197-DEC. 22, 1973 
773 
the corporation. The Secretary shall submit such plan to the Congress 
within one year from the date of the enactment of this Act. 
(b) If neither House of Congress shall have passed a resolution of 
disapproval of the plan within sixty days of the date the plan is sub-
mitted to Congress, the Secretary shall, subject to the terms and condi-
tions of the plan negotiated pursuant to suosection (a) of this section, 
accept the assets (excluding any real property not located in or 
adjacent to the territory, constituting, on the effective date of this 
Act, the county of Menominee, Wisconsin) of Menominee Enterprises, 
Incorporated, but only if transferred to him by the Board of Directors 
of Menominee Enterprises, Incorporated, subject to the approval of 
the shareholders as required by the laws of Wisconsin. Such assets 
shall be subject to all valid existing rights, including, but not limited 
to, liens, outstanding taxes (local, State, and Federal), mortgages, 
outstanding corporate indebtedness of all types, and any other obli-
gation. The land and other assets transferred to the Secretary pur-
suant to this subsection shall be subject to foreclosure or sale pursuant 
to the terms of any valid existing obligation in accordance with the 
laws of the State of Wisconsin. Subject to the conditions imposed by i^'^rjj^s^t^b^'^s'^^'^ 
this section, the land transferred shall be taken in the name of the '" "^"^* ^ 
United States in trust for the tribe and shall be their reservation. The 
"^^^ exemption. 
transfer of assets authorized by this section shall be exempt from all 
local, State, and Federal taxation. All assets transferred under this 
section shall, as of the date of transfer, be exempt from all local, State, 
and Federal taxation. 
(c) The Secretary shall accept the real property (excluding any o^^ne"rs^p"openf 
real property not located in or adjacent to the territory constituting, transfer to u.s. 
on the effective date of this Act, the county of Menominee, Wisconsin) 
of members of the Menominee Tribe, but only if transferred to him 
by the MeJiomiiiee owner or owners. Such property shall be subject 
to all valid existing rights including, but not limited to, liens, out-
standing taxes (local. State, and Federal), mortgages, and any other 
obligations. The land transferred to the Secretary pursuant to this 
subsection shall be subject to foreclosure or sale pursuant to the terms 
of any A'alid existing obligation in accordance with the laws of the 
State of Wisconsin. Subject to the conditions imposed by this sub- 
Tl'!"^^ ^
^
"
"
^ 
section, tlie land transferred sluill be taken in the name of the United u!s. ^" ''^"^^ ^ 
States in trust for the Menominee Tribe of Wisconsin and shall be 
part of their reservation. The transfer of assets authorized by this 
'^^'^ exemption. 
section shall be exempt from all local, State, and Federal taxation. 
All assets transferred under this section shall, as of the date of transfer, 
be exempt from all local. State, and Federal taxation. 
(d) The Secretary and the Menominee Restoration Committee shall 
ccnisult Avith appropriate State and local government officials to assure 
that tlie provision of necessary governmental services is not impaired 
as a result of the transfer of assets provided for in this section. 
(e) For the purpose of implementing subsection (d), the State of 
Wisconsin may establish such local govermnent bodies, political sub-
divisions, and service arrangements as will best provide the State or 
local government services required by the people in the territory con-
stituting, on tlie effective date of this Act, the county of Menominee. 
SFX'. 7. The Secretary is hereby authorized to make such rules and igf^"^^/ ^""^ '•^^"" 
I'egulations as are necessary to carry out the provisions of this Act. 
SJ:C. 8. There are hereby authorized to be appropriated such sums 
Appropriation. 
as may be necessary to cari'v out the provisions of this Act. 
Approved December 22, 1973.