skip to main content

H.R. 10717 (93rd): Menominee Restoration Act

The text of the bill below is as of Dec 22, 1973 (Passed Congress).


770                                           PUBLIC LAW 93-196-DEC. 20, 1973                    [87   STAT.

                           Public Law 93-196                                    ...^..i^^.^-
December 20, 1973                                       JOINT RESOLUTION
 [S. J . R e s . 1 8 0 ]
                             Relative to the convening of the second session of the Ninety-third Congress.

                              Resolved hy the Senate mid House of Representatives of the United
  93rd Congre s s .
  Second s e s s ion.      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.

                           Public Law 93-197
                                                                                         Li ^'
December 22, 1973                                             AN ACT
  [H. R.10717]
                           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.

                              Be it enacted hy the Senate ami House of Representatives of the
 Menominee                 United States of America in Congress assembled, That this Act may
Restoration Act.
                           be cited as the "Menominee Restoration Act".
  Definitions.                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.
  Menominee
Indian Tribe,                 SEC. 3. (a) Notwithstanding the provisions of the Act of June 17,
Wis., Federal              1954 (68 Stat. 250; 25 U.S.C. 891-902), as amended, or any other law,
recognition.
                           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.
  Repeal; rein-
statement of tribal            (b) The Act of June 17, 1954 (68 Stat. 250; 25 U.S.C. 891-902), as
rights and privi-          amended, is hereby repealed and there are hereby reinstated all rights
leges.                     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 Grants. 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, 73 Stat. 267. 42 u s e 2 001. 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 Menominee Restoration Com- Secretary shall announce the date of a general council meeting of the mittee, election. 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. Voting, eligi- (b) In the absence of a completed tribal roll prepared pursuant to bility. 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 68 Stat. 250. 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. Meeting, notice. The Secretary shall assure that adequate notice of such meeting and election shall be provided eligible voters. Membership (c) The membership roll of the tribe which was closed as of June 17, roll, revision. 1954, is hereby declared open. The Secretary, under contract with the
772 PUBLIC LAW 93-197-DEC. 22, 1973 [87 STAT. 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. Tribal consti- SEC. 5. (a) Upon recpest from the Menominee Restoration Com- tution and b y l a w s . mittee, the Secretary shall conduct an election by secret ballot, pur- 48 Stat. 984. suant to the provisions of the Act of June 18,1934, as amended, for the 2 5 u s e 461. 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. Tribal officials, (c) Within one hundred and twenty days after the tribe adopts a election. 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) I n 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. Menominee SEC. 6. (a) The Secretary shall negotiate with the elected members E n t e r p r i s e s , Inc., a s s e t assumption of the Menominee Common Stock and Voting Trust and the Board of plan, submittal to Directors of Menominee Enterprises, Incorporated, or their authorized Congress. 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.