restricted access 167. Menominee Restoration Act, December 22, 1973
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265 The Secretary of the Interior announced today he has approved the Bureau’s policy to extend Indian Preference to training and to filling vacancies by original appointment, reinstatement and promotions. The new policy was discussed with the National President of the National Federation of Federal Employees under National Consultation Rights NFFE has with the Department. Secretary Morton and I jointly stress that careful attention must be given to protecting the rights of non-Indian employees. The new policy provides as follows: Where two or more candidates who meet the established qualification requirements are available for filling a vacancy , if one of them is an Indian, he shall be given preference in filling the vacancy. This new policy is effective immediately, and is incorporated into all existing programs such as the Promotion Program. . . . You should take immediate steps to notify all employees and recognized unions of this policy. [Bureau of Indian Affairs, Personnel Management Letter no. 72–12, printed in Morton v. Mancari, 417 U.S. Reports, 538n.] 167. Menominee Restoration Act December 22, 1973 The deleterious effects of termination on the Menominee Indians of Wisconsin led to agitation for repeal of the termination act of June 17, 1954. This repeal was accomplished on December 22, 1973, and the Menominee tribe was restored to federal status. An Act to repeal the Act terminating Federal supervision over the property and members of the Menominee Indian Tribe of Wisconsin; to reinstitute the Menominee Indian Tribe of Wisconsin as a federally recognized sovereign Indian tribe; and to restore to the Menominee Tribe of Wisconsin those Federal services furnished to American Indians because of their status as American Indians; and for other purposes. Be it enacted . . . , That: This Act may be cited as the “Menominee Restoration Act”. Sec. 2. For the purposes of this Act— (1) The term “tribe” means the Menominee Indian Tribe of Wisconsin. (2) The term “Secretary” means the Secretary of the Interior. (3) The term “Menominee Restoration Committee” means that committee of nine Menominee Indians who shall be elected pursuant to subsections 4(a) and 4(b) of this Act. Sec. 3. (a) Notwithstanding the provisions of the Act of June 17, 1954 (68 Stat. 250; 25 U.S.C. 891–902), as amended, or any other law, Federal recognition is hereby extended to the Menominee Indian Tribe of Wisconsin and the provisions of the Act of June 18, 1934 (48 Stat. 984; 25 U.S.C. 461 et seq.), as amended, are made applicable to it. (b) The Act of June 17, 1954 (68 Stat. 250; 25 U.S.C. 891–902), as amended, is hereby repealed and there are hereby reinstated all rights and privileges of the tribe or its members under Federal treaty, statute, or otherwise which may have been diminished or lost pursuant to such Act. (c) Nothing contained in this Act shall diminish any rights or privileges enjoyed by the tribe or its members now or prior to June 17, 1954, under Federal treaty, statute, or otherwise, which are not inconsistent with the provisions of this Act. (d) Except as specifically provided in this Act, nothing contained in this Act shall alter any property rights or obligations, any contractual rights or obligations, including existing fishing rights, or any obligations for taxes already levied. (e) In providing to the tribe such services to which it may be entitled upon its recognition pursuant to subsection (a) of this section, the Secretary of the Interior and the Secretary of Health, Education, and Welfare, as appropriate, are authorized from funds appropriated pursuant to the Act of November 2, 1921 (42 Stat. 208; 25 U.S.C. 13), the Act of August 5, 1954 (68 Stat. 674), as amended, or any other Act authorizing appropriations for the administration of Indian affairs, upon the request of the tribe and subject to such 266 terms and conditions as may be mutually agreed to, to make grants and contract to make grants which will accomplish the general purposes for which the funds were appropriated . The Menominee Restoration Committee shall have full authority and capacity to be a party to receive such grants, to make such contracts, and to bind the tribal governing body as the successor in interest to the Menominee Restoration Committee : Provided, however, That the Menominee Restoration Committee shall have no authority to bind the tribe for a period of more than six months after the date on which the tribal governing body takes office. Sec. 4. (a...


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