§ 903d. — Transfer of assets of Menominee Enterprises, Inc.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.)
