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S. 1747 (101st): Ponca Restoration Act

The text of the bill below is as of Oct 31, 1990 (Passed Congress).


S.1747

One Hundred First Congress of the United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday, the twenty-third day of January,

one thousand nine hundred and ninety

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 was compiled 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 may accept any additional acreage in Knox or Boyd Counties pursuant to his authority under the Act of June 18, 1934 (25 U.S.C. 461 et seq.).

    (d) Except as otherwise specifically provided in any other provision 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 by or for the Tribe.

SERVICES

    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 the Tribe. In the case of Federal services available to members of federally recognized tribes residing on or near a reservation, members 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 GOVERNMENT

    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 ROLL

    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.

    (b)(1) 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 Government, 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 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 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 enactment 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 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) 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 necessary to carry out the provisions of this Act.

ECONOMIC DEVELOPMENT PLAN

    SEC. 10. (a) 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 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 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) 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) 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).

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.