Notwithstanding any other provision of law, Federal recognition is hereby extended to the Tribe. Except as otherwise provided in this subchapter, all laws and regulations of general application to Indians or nations, tribes, or bands of Indians that are not inconsistent with any specific provision of this subchapter shall be applicable to the Tribe and its members.
Except as provided in subsection (d) of this section, all rights and privileges of the Tribe and its members under any Federal treaty, Executive order, agreement, or statute, or under any other authority which were diminished or lost under the Act of August 18, 1958 (Public Law 85–671), are hereby restored and the provisions of such Act shall be inapplicable to the Tribe and its members after October 31, 1994.
Notwithstanding any other provision of law and without regard to the existence of a reservation, the Tribe and its members shall be eligible, on and after October 31, 1994, for all Federal services and benefits furnished to federally recognized Indian tribes or their members. In the case of Federal services available to members of federally recognized Indian tribes residing on a reservation, members of the Tribe residing in the Tribe's service area shall be deemed to be residing on a reservation.
Nothing in this subchapter shall expand, reduce, or affect in any manner any hunting, fishing, trapping, gathering, or water right of the Tribe and its members.
The Act of June 18, 1934 (25 U.S.C. 461 et seq.), shall be applicable to the Tribe and its members.
Except as specifically provided in this subchapter, nothing in this subchapter shall alter any property right or obligation, any contractual right or obligation, or any obligation for taxes levied.
(Pub. L. 103–434, title II, §202, Oct. 31, 1994, 108 Stat. 4533.)
Act of August 18, 1958, referred to in subsec. (b), is Pub. L. 85–671, Aug. 18, 1958, 72 Stat. 619, which is not classified to the Code.
Act of June 18, 1934, referred to in subsec. (e), popularly known as the Indian Reorganization Act, is classified generally to subchapter V (§461 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables.
Pub. L. 103–434, title II, §201, Oct. 31, 1994, 108 Stat. 4533, provided that: “This title [enacting this subchapter] may be cited as the ‘Auburn Indian Restoration Act’.”
The Secretary shall—
(1) enter into negotiations with the governing body of the Tribe with respect to establishing a plan for economic development for the Tribe;
(2) in accordance with this section and not later than 2 years after the adoption of a tribal constitution as provided in section 1300l–5 of this title, develop such a plan; and
(3) upon the approval of such plan by the governing body of the Tribe, submit such plan to the Congress.
Any proposed transfer of real property contained in the plan developed by the Secretary under subsection (a) of this section shall be consistent with the requirements of section 1300l–2 of this title.
(Pub. L. 103–434, title II, §203, Oct. 31, 1994, 108 Stat. 4533; Pub. L. 104–109, §8(a), Feb. 12, 1996, 110 Stat. 764.)
1996—Subsec. (a)(2). Pub. L. 104–109, §8(a)(1), made technical amendment to reference to section 1300l–5 of this title, to correct reference to corresponding section of original act.
Subsec. (b). Pub. L. 104–109, §8(a)(2), made technical amendment to reference to section 1300l–2 of this title, to correct reference to corresponding section of original act.
The Secretary may accept any real property located in Placer County, California, for the benefit of the Tribe if conveyed or otherwise transferred to the Secretary if, at the time of such conveyance or transfer, there are no adverse legal claims on such property, including outstanding liens, mortgages, or taxes owed. The Secretary may accept any additional acreage in the Tribe's service area pursuant to the authority of the Secretary under the Act of June 18, 1934 (25 U.S.C. 461 et seq.).
Subject to the conditions specified in this section, real property eligible for trust status under this section shall include fee land held by the White Oak Ridge Association, Indian owned fee land held communally pursuant to the distribution plan prepared and approved by the Bureau of Indian Affairs on August 13, 1959, and Indian owned fee land held by persons listed as distributees or dependent members in such distribution plan or such distributees’ or dependent members’ Indian heirs or successors in interest.
Subject to the conditions imposed by this section, any real property conveyed or transferred under this section shall be taken in the name of the United States in trust for the Tribe or, as applicable, an individual member of the Tribe, and shall be part of the Tribe's reservation.
(Pub. L. 103–434, title II, §204, Oct. 31, 1994, 108 Stat. 4534; Pub. L. 104–122, Mar. 29, 1996, 110 Stat. 876.)
Act of June 18, 1934, referred to in subsec. (a), popularly known as the Indian Reorganization Act, is classified generally to subchapter V (§461 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables.
1996—Subsec. (a). Pub. L. 104–122 substituted “may” for “shall” in first sentence.
Within 1 year after October 31, 1994, the Secretary shall, after consultation with the Tribe, compile a membership roll of the Tribe.
(1) Until a tribal constitution is adopted pursuant to section 1300l–5 of this title, an individual shall be placed on the membership roll if the individual is living, is not an enrolled member of another federally recognized Indian tribe, is of United Auburn Indian Community ancestry, possesses at least one-eighth or more of Indian blood quantum, and if—
(A) the individual's name was listed on the Auburn Indian Rancheria distribution roll compiled and approved by the Bureau of Indian Affairs on August 13, 1959, pursuant to Public Law 85–671;
(B) the individual was not listed on, but met the requirements that had to be met to be listed on, the Auburn Indian Rancheria distribution list compiled and approved by the Bureau of Indian Affairs on August 13, 1959, pursuant to Public Law 85–671; or
(C) the individual is a lineal descendant of an individual, living or dead, identified in subparagraph (A) or (B).
(2) After adoption of a tribal constitution pursuant to section 1300l–5 of this title, such tribal constitution shall govern membership in the Tribe, except that in addition to meeting any other criteria imposed in such tribal constitution, any person added to the membership roll shall be of United Auburn Indian Community ancestry and shall not be an enrolled member of another federally recognized Indian tribe.
For the purpose of subsection (b) of this section, the Secretary shall accept any available evidence establishing United Auburn Indian Community ancestry. The Secretary shall accept as conclusive evidence of United Auburn Indian Community ancestry information contained in the Auburn Indian Rancheria distribution list compiled by the Bureau of Indian Affairs on August 13, 1959.
(Pub. L. 103–434, title II, §205, Oct. 31, 1994, 108 Stat. 4534.)
Public Law 85–671, referred to in subsec. (b)(1)(A), (B), is Pub. L. 85–671, Aug. 18, 1958, 72 Stat. 619, which is not classified to the Code.
Until a new tribal constitution and bylaws are adopted and become effective under section 1300l–5 of this title, the Tribe's governing body shall be an Interim Council. The initial membership of the Interim Council shall consist of the members of the Executive Council of the Tribe on October 31, 1994, and the Interim Council shall continue to operate in the manner prescribed for the Executive Council under the tribal constitution adopted July 20, 1991, as long as such constitution is not contrary to Federal law. Any new members filling vacancies on the Interim Council shall meet the enrollment criteria set forth in section 1300l–3(b) of this title and be elected in the same manner as are Executive Council members under the tribal constitution adopted July 20, 1991.
(Pub. L. 103–434, title II, §206, Oct. 31, 1994, 108 Stat. 4535; Pub. L. 104–109, §8(b), Feb. 12, 1996, 110 Stat. 765.)
1996—Pub. L. 104–109 substituted “Interim Council shall meet” for “Interim council shall meet” in last sentence.
Upon the completion of the tribal membership roll under section 1300l–3(a) of this title and upon the written request of the Interim Council, the Secretary shall conduct, by secret ballot, an election for the purpose of adopting a constitution and bylaws for the Tribe. The election shall be held according to section 476 of this title, except that absentee balloting shall be permitted regardless of voter residence.
Not later than 120 days after the Tribe adopts a constitution and bylaws under subsection (a) of this section, the Secretary shall conduct an election by secret ballot for the purpose of electing tribal officials as provided in such tribal constitution. Such election shall be conducted according to the procedures specified in subsection (a) of this section except to the extent that such procedures conflict with the tribal constitution.
(Pub. L. 103–434, title II, §207, Oct. 31, 1994, 108 Stat. 4535.)
For purposes of this subchapter:
(1) The term “Tribe” means the United Auburn Indian Community of the Auburn Rancheria of California.
(2) The term “Secretary” means the Secretary of the Interior.
(3) The term “Interim Council” means the governing body of the Tribe specified in section 1300l–4 of this title.
(4) The term “member” means those persons meeting the enrollment criteria under section 1300l–3(b) of this title.
(5) The term “State” means the State of California.
(6) The term “reservation” means those lands acquired and held in trust by the Secretary for the benefit of the Tribe pursuant to section 1300l–2 of this title.
(7) The term “service area” means the counties of Placer, Nevada, Yuba, Sutter, El Dorado, and Sacramento, in the State of California.
(Pub. L. 103–434, title II, §208, Oct. 31, 1994, 108 Stat. 4535.)
The Secretary may promulgate such regulations as may be necessary to carry out the provisions of this subchapter.
(Pub. L. 103–434, title II, §209, Oct. 31, 1994, 108 Stat. 4536.)