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U.S. Code as of:
01/19/04
Section 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.
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