
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC903d]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
  SUBCHAPTER XLI--MENOMINEE TRIBE OF WISCONSIN: RESTORATION OF FEDERAL 
                               SUPERVISION
 
Sec. 903d. Transfer of assets of Menominee Enterprises, Inc.


(a) Negotiation and development of plan for assumption of assets; 
        submittal of plan to Congress

    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 
the corporation. The Secretary shall submit such plan to the Congress 
within one year from December 22, 1973.

(b) Acceptance of assets by Secretary; prerequisites; preexisting rights 
        and obligations in assets; United States as trustee for land 
        transferred; exemption from taxation for transfer of assets and 
        assets transferred

    If neither House of Congress shall have passed a resolution of 
disapproval of the plan within sixty days of the date the plan is 
submitted to Congress, the Secretary shall, subject to the terms and 
conditions of the plan negotiated pursuant to subsection (a) of this 
section, accept the assets (excluding any real property not located in 
or adjacent to the territory, constituting, on December 22, 1973, 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 obligation. The land 
and other assets transferred to the Secretary pursuant 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 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 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) Transfer to Secretary of real property of Menominee Tribe members; 
        necessity for transfer by Menominee owner or owners; preexisting 
        rights and obligations in land; United States as trustee for 
        land transferred; exemption from taxation for transfer of assets 
        and assets transferred

    The Secretary shall accept the real property (excluding any real 
property not located in or adjacent to the territory constituting, on 
December 22, 1973, the county of Menominee, Wisconsin) of members of the 
Menominee Tribe, but only if transferred to him by the Menominee owner 
or owners. Such property shall be subject to all valid existing rights 
including, but not limited to, liens, outstanding 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 valid existing 
obligation in accordance with the laws of the State of Wisconsin. 
Subject to the conditions imposed by this subsection, the land 
transferred shall be taken in the name of the United States in trust for 
the Menominee Tribe of Wisconsin and shall be part of their reservation. 
The 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.

(d) Consultation by Secretary and Menominee Restoration Committee with 
        appropriate State and local government officials for 
        nonimpairment of necessary governmental services upon transfer 
        of assets

    The Secretary and the Menominee Restoration Committee shall consult 
with appropriate State and local government officials to assure that the 
provision of necessary governmental services is not impaired as a result 
of the transfer of assets provided for in this section.

(e) Establishment of local government bodies, etc., by Wisconsin to 
        provide necessary governmental services in Menominee County

    For the purpose of implementing subsection (d) of this section, the 
State of Wisconsin may establish such local government bodies, political 
subdivisions, and service arrangements as will best provide the State or 
local government services required by the people in the territory 
constituting, on December 22, 1973, the county of Menominee.

(Pub. L. 93-197, Sec. 6, Dec. 22, 1973, 87 Stat. 772.)
