Page:United States Statutes at Large Volume 111 Part 3.djvu/576

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Ill STAT. 2664 PUBLIC LAW 105-143—DEC. 15, 1997 a letter of intent for Federal recognition if such a letter is not on file with the Bureau of Indian Affairs; and (4) shall not later than 3 years after the date of the enactment of this Act, submit to the Bureau of Indian Affairs a documented petition for Federal recognition if such a petition is not on file with the Bureau of Indism Affairs. (b) DISTRIBUTION OF FUNDS ALLOTTED FOR NEWLY RECOGNIZED OR REAFFIRMED TRIBES. —Not later than 90 days after a tribe that has submitted a timely petition pursuant to subsection (a) is federally recognized or reaffirmed, the Secretary shall segregate and hold in trust for such tribe, its respective share of the funds described in sections 104(a)(1) and (b)(1), $3,000,000 plus 30 percent of any income earned on the funds described in section 104(a)(1) and (b)(1) up to the date of such distribution. (c) DISTRIBUTION OF FUNDS ALLOTTED FOR CERTAIN INDIVID- UALS. —I f, after the date of the enactment of this Act and before approval by the Secretary of the judgment distribution roll of descendants. Congress or the Secretary recognizes a tribe which has as a member an individual that is listed on the judgment distribution roll of descendants as approved pursuant to section 106, the Secretary shall, not later than 90 days after the approval of such judgment distribution roll of descendants, remove that individual's name from the descendants roll and reallocate the funds allotted for that individual to the fund established for such newly recognized or reaffirmed tribe. (d) FUNDS SUBJECT TO PLAN. — Funds held in trust for a newly recognized or reaffirmed tribe shall be subject to plans that are approved in accordance with this title. (e) DETERMINATION OF MEMBERSHIP IN NEWLY RECOGNIZED OR REAFFIRMED TRIBE. — (1) SUBMISSION OF MEMBERSHIP ROLL. — For purposes of this section— (A) if the tribe is acknowledged by the Secretary under part 83 of title 25, Code of Federal Regulations, the Secretary shall use the tribe's most recent membership list provided under such part; (B) unless otherwise provided by the statutes which recognizes the tribe, if Congress recognizes a tribe, the Secretary shall use the most recent membership list provided to Congress. If no membership list is provided to Congress, the Secretary shall use the most recent membership list provided with the tribe's petition for acknowledgment under part 83 of title 25, Code of Federal Regulations. If no such list was provided to Congress or under such {)art, the newly recognized tribe shall submit a membership ist to the Secretary before the judgment distribution roll of descendants is approved or the judgment funds shall be distributed per capita pursuant to section 106; (C) a tribe that has submitted a membership roll pursuant to this section may update its membership rolls not later than 180 days before distribution pursuant to section 106. (2) FAILURE TO SUBMIT UPDATED MEMBERSHIP ROLL.—If a membership list was not provided— (A) to the Secretary, the Secretary will use the tribe's most recent membership list provided to the Bureau of Indian Affairs in their petition for Federal acknowledgment