restricted access 149. Termination of the Menominee Indians, June 17, 1954
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235 committed by or against Indians in the Indian country “(a) Each of the States listed in the following table shall have jurisdiction over offenses committed by or against Indians in the areas of Indian country listed opposite the name of the State to the same extent that such State has jurisdiction over offenses committed elsewhere within the State, and the criminal laws of such State shall have the same force and effect within such Indian country as they have elsewhere within the State: “State of Indian country affected California . . . . . All Indian country within the State Minnesota . . . . All Indian country within the State, except the Red Lake Reservation Nebraska . . . . . All Indian country within the State Oregon . . . . . . All Indian country within the State, except the Warm Springs Reservation Wisconsin . . . . All Indian country within the State, except the Menominee Reservation “(b) Nothing in this section shall authorize the alienation, encumbrance, or taxation of any real or personal property, including water rights, belonging to any Indian or any Indian tribe, band, or community that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States; or shall authorize regulation of the use of such property in a manner inconsistent with any Federal treaty, agreement , or statute or with any regulation made pursuant thereto; or shall deprive any Indian or any Indian tribe, band, or community of any right, privilege, or immunity afforded under Federal treaty, agreement, or statute with respect to hunting, trapping, or fishing or the control, licensing, or regulation thereof. . . .” [U.S. Statutes at Large, 67:588–90.] 149. Termination of the Menominee Indians June 17, 1954 The Menominee Indians of Wisconsin were one of the tribes to feel the effects of the termination policy. In 1954 Congress provided for the withdrawal of federal jurisdiction from the tribe, although the law did not take final effect until 1961. After tremendous outcry against the termination policy, the Menominee action was reversed in 1973. An Act To provide for a per capita distribution of Menominee tribal funds and authorize the withdrawal of the Menominee Tribe from Federal jurisdiction. Be it enacted . . . , That the purpose of this Act is to provide for orderly termination of Federal supervision over the property and members of the Menominee Indian Tribe of Wisconsin. Sec. 2. For the purposes of the Act— (a) “Tribe” means the Menominee Indian Tribe of Wisconsin; (b) “Secretary” means the Secretary of the Interior. Sec. 3. At midnight of the date of enactment of this Act the roll of the tribe maintained pursuant to the Act of June 15, 1934 (48 Stat. 965), as amended by the Act of July 14, 1939 (53 Stat. 1003), shall be closed and no child born thereafter shall be eligible for enrollment: Provided, That applicants for enrollment in the tribe shall have three months from the date the roll is closed in which to submit applications for enrollments: Provided further, That the tribe shall have three months thereafter in which to approve or disapprove any application for enrollment: Provided further, That any applicant whose application is not approved by the tribe within six months from the date of enactment of this Act may, within three months thereafter, file with the Secretary an appeal from the failure of the tribe to approve his application or from the disapproval of his application, as the case may be. The decision of the Secretary 236 on such appeal shall be final and conclusive . When the Secretary has made decisions on all appeals, he shall issue and publish in the Federal Register a Proclamation of Final Closure of the roll of the tribe and the final roll of the members. Effective upon the date of such proclamation, the rights or beneficial interests of each person whose name appears on the roll shall constitute personal property and shall be evidenced by a certificate of beneficial interest which shall be issued by the tribe. Such interests shall be distributable in accordance with the laws of the State of Wisconsin. Such interests shall be alienable only in accordance with such regulations as may be adopted by the tribe. Sec.. 4. Section 6 of the Act of June 15, 1934 (48 Stat. 965, 966) is hereby repealed. Sec. 5. The Secretary is authorized and directed, as soon as practicable after the passage of this Act, to pay from such funds as are deposited to the credit of the tribe in the Treasury of the...


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