§ 903b. — Menominee Restoration Committee.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC903b]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XLI--MENOMINEE TRIBE OF WISCONSIN: RESTORATION OF FEDERAL
SUPERVISION
Sec. 903b. Menominee Restoration Committee
(a) Nomination and election of members; time and procedure; ballot
requirements; approval by Secretary; powers of Committee
Within fifteen days after December 22, 1973, the Secretary shall
announce the date of a general council meeting of the tribe to nominate
candidates for election to the Menominee Restoration Committee. Such
general council meeting shall be held within thirty days of December 22,
1973. 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 meeting 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 subchapter and shall have no powers other than those given to it in
accordance with this subchapter. The Menominee Restoration Committee
shall have no power or authority under this subchapter after the time
which the duly-elected tribal governing body takes office: Provided,
however, That this provision shall in no way invalidate or affect grants
or contracts made pursuant to the provisions of section 903a(e) of this
title.
(b) Eligible voters; notice by Secretary of nominating meeting and
election
In the absence of a completed tribal roll prepared pursuant to
subsection (c) of this section and solely for the purposes of the
general council meeting and the election provided for in subsection (a)
of this section, all living persons on the final roll of the tribe
published under section 893 \1\ of this title, 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
representative 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.
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\1\ See References in Text note below.
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(c) Membership roll; opening; revision procedure; prerequisites for
inclusion; possession and maintenance of enrollment records and
materials; appeal; finality of determination
The membership roll of the tribe which was closed as of June 17,
1954, is hereby declared open. The Secretary, under contract with the
Menominee Restoration Committee, shall proceed to make current the roll
in accordance with the terms of this subchapter. The names of all
enrollees who are deceased as of December 22, 1973, 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 degree Menominee
Indian blood. Upon installation of elected constitutional officers of
the tribe, the Secretary and the Menominee Restoration Committee shall
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 performed 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.
(Pub. L. 93-197, Sec. 4, Dec. 22, 1973, 87 Stat. 771.)
References in Text
Section 893 of this title, referred to in subsec. (b), was repealed
by section 3(b) of Pub. L. 93-197, which is classified to section
903a(b) of this title.
Section Referred to in Other Sections
This section is referred to in section 903c of this title.
