Page:United States Statutes at Large Volume 102 Part 3.djvu/987

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-581—NOV. 1, 1988

102 STAT. 2939

election unless the Secretary finds that the proposed constitution and bylaws or any amendments are contrary to applicable laws. (2) If the Secretary does not approve or disapprove the constitution and bylaws or amendments within the forty-five days, the Secretary's approval shall be considered as given. Actions to enforce the provisions of this section may be brought in the appropriate Federal district court. (e) In addition to all powers vested in any Indian tribe or tribal council by existing law, the constitution adopted by said tribe shall also vest in such tribe or its tribal council the following rights and powers: To employ legal counsel, the choice of counsel and fixing of fees to be subject to the approval of the Secretary; to prevent the sale, disposition, lease, or encumbrance of tribal lands, interests in lands, or other tribal assets without the consent of the tribe; and to negotiate with the Federal, State, and local governments. The Secretary shall advise such tribe or its tribal council of all appropriation estimates or Federal projects for the benefit of the tribe prior to the submission of such estimates to the Office of Management and Budget and the Congress. SEC. 102. For the purpose of this Act, the term— (1) "applicable laws" means any treaty. Executive order or Act of Congress or any final decision of the Federal courts which are applicable to the tribe, and any other laws which are applicable to the tribe pursuant to an Act of Congress or by any final decision of the Federal courts; (2) "appropriate tribal request" means receipt in the Area Office of the Bureau of Indian Affairs having administrative jurisdiction over the requesting tribe, of a duly enacted tribal resolution requesting a Secretarial election as well as a copy of the proposed tribal constitution and bylaws, amendment, or revocation action; (3) "Secretary" means the Secretary of the Interior. SEC. 103. Nothing in this Act is intended to amend, revoke, or affect any tribal constitution, bylaw, or amendment ratified and approved prior to this Act.

State and local governments.

25 USC 476 note.

25 USC 476 note.

TITLE II—MISCELLANEOUS AMENDMENTS TO EXISTING LAWS SEC. 201. Subsection (b) of section 3 of the Old Age Assistance Claims Settlement Act (98 Stat. 2317; 25 U.S.C. 2302(b)) is amended to read as follows: "(h) No payment shall be made to a person under subsection (a) with respect to any unauthorized disbursement from the trust estate of a deceased Indian if^ "(1) the total amount of unauthorized disbursements from such trust estate was less than $50; or "(2) the payment (not including interest) would be less than $10.". SEC. 202. Section 4(b) of the Act of September 9, 1988 (Public Law 100-425) entitled "An Act to establish a reservation for the Confederated Tribes of the Grand Ronde Community of Oregon, and for other purposes" is amended by striking out "4" in the first column 25 USC 7i3f of the description of the thirty-eighth tract of land listed in that note. subsection and inserting in lieu thereof "2". SEC. 203. Notwithstanding any other provision of law, the plan dated July 7, 1988, that was submitted by the Assistant Secretary of