Release date: 2005-08-18
TITLE 25 > CHAPTER 14 > SUBCHAPTER V >
§ 463e. Exchanges of land ……..
For the purpose of effecting land consolidations between Indians and
non-Indians within the reservation, the Secretary of the Interior is authorized,
under such rules and regulations as he may prescribe, to acquire through
purchase, exchange, or relinquishment, any interest in lands, water rights, or
surface rights to lands within said reservation. Exchanges of lands hereunder
shall be made on the basis of equal value and the value of improvements on lands
to be relinquished to the Indians or by Indians to non-Indians shall be given
due consideration and allowance made therefor in the valuation of lieu lands.
This section shall apply to tribal, trust, or otherwise restricted Indian
allotments whether the allottee be living or deceased.
TITLE 25 > CHAPTER 14 > SUBCHAPTER V >
§ 467. New Indian reservations
The Secretary of the Interior is hereby authorized to proclaim new
Indian reservations on lands acquired pursuant to any authority conferred by
this Act, or to add such lands to existing reservations: Provided, That lands
added to existing reservations shall be designated for the exclusive use of
Indians entitled by enrollment or by tribal membership to residence at such
reservations.
TITLE 25 > CHAPTER 14 > SUBCHAPTER V >
§ 469. Indian corporations; appropriation for organizing
There is authorized to be appropriated, out of any funds in the Treasury
not otherwise appropriated, such sums as may be necessary, but not to exceed
$250,000 in any fiscal year, to be expended at the order of the Secretary of the
Interior, in defraying the expenses of organizing Indian chartered corporations
or other organizations created under this Act.
TITLE 25 > CHAPTER 1 >
§ 9. Regulations by President
The President may prescribe such regulations as he may think fit for
carrying into effect the various provisions of any act relating to Indian
affairs, and for the settlement of the accounts of Indian affairs.
TITLE 25 > CHAPTER 1 >
§ 10. Employee to sign letters
The Commissioner of Indian Affairs, with the approval of the Secretary
of the Interior, may designate an employee of the Indian Office to sign letters
of that office requiring the signature of the commissioner or assistant
commissioner, and all signatures of such employee while acting under such
designation shall have the same force and effect as if made by said commissioner
or assistant commissioner.
TITLE 25 > CHAPTER 1 >
§ 11. Employee or employees to sign approval of tribal deeds
The Secretary of the Interior is authorized to designate an employee or
employees of the Department of the Interior to sign, under the direction of the
Secretary, in his name and for him, his approval of tribal deeds to allottees,
to purchasers of town lots, to purchasers of unallotted lands, to persons,
corporations, or organizations for lands reserved to them under the law for
their use and benefit, and to any tribal deeds made and executed according to
law for any of the Five Civilized Tribes of Indians in Oklahoma.
TITLE 25 > CHAPTER 1 >
§ 12. Agent to negotiate commutation of annuities
The Commissioner of Indian Affairs is authorized to send a special
Indian Agent, or other representative of his office, to visit any Indian tribe
for the purpose of negotiating and entering into a written agreement with such
tribe for the commutation of the perpetual annuities due under treaty
stipulations, to be subject to the approval of Congress; and the Commissioner of
Indian Affairs shall transmit to Congress said agreements with such
recommendations as he may deem proper.
TITLE 25 > CHAPTER 1 >
§ 16. Transportation of Indians in Bureau vehicles
On and after October 12, 1984, passenger carrying motor vehicles of the Bureau
of Indian Affairs may be used for the transportation of Indians.
TITLE 25 > CHAPTER 14 > SUBCHAPTER V >
§ 469. Indian corporations; appropriation for organizing
There is authorized to be appropriated, out of any funds in the Treasury not
otherwise appropriated, such sums as may be necessary, but not to exceed
$250,000 in any fiscal year, to be expended at the order of the Secretary of the
Interior, in defraying the expenses of organizing Indian chartered corporations
or other organizations created under this Act.
TITLE 25 > CHAPTER 14 > SUBCHAPTER V >
§ 470. Revolving fund; appropriation for loans
There is authorized to be appropriated, out of any funds in the Treasury not
otherwise appropriated, the sum of $20,000,000 to be established as a revolving
fund from which the Secretary of the Interior, under such rules and regulations
as he may prescribe, may make loans to Indian chartered corporations for the
purpose of promoting the economic development of such tribes and of their
members, and may defray the expenses of administering such loans. Repayment of
amounts loaned under this authorization shall be credited to the revolving fund
and shall be available for the purposes for which the fund is established.
TITLE 25 > CHAPTER 14 > SUBCHAPTER V >
§ 471. Vocational and trade schools; appropriation for tuition
There is authorized to be appropriated, out of any funds in the United
States Treasury not otherwise appropriated, a sum not to exceed $250,000
annually, together with any unexpended balances of previous appropriations made
pursuant to this section, for loans to Indians for the payment of tuition and
other expenses in recognized vocational and trade schools: Provided, That not
more than $50,000 of such sum shall be available for loans to Indian students in
high schools and colleges. Such loans shall be reimbursable under rules
established by the Commissioner of Indian Affairs.
TITLE 25 > CHAPTER 14 > SUBCHAPTER V >
§ 476. Organization of Indian tribes; constitution and bylaws and amendment
thereof; special election
(a) Adoption; effective date
Any Indian tribe shall have the right to organize for its common welfare, and
may adopt an appropriate constitution and bylaws, and any amendments thereto,
which shall become effective when—
(1) ratified by a majority vote of the adult members of the tribe or tribes at a
special election authorized and called by the Secretary under such rules and
regulations as the Secretary may prescribe; and
(2) approved by the Secretary pursuant to subsection (d) of this section.
(b) Revocation
Any constitution or bylaws ratified and approved by the Secretary shall be
revocable by an election open to the same voters and conducted in the same
manner as provided in subsection (a) of this section for the adoption of a
constitution or bylaws.
(c) Election procedure; technical assistance; review of proposals; notification
of contrary-to-applicable law findings
(1) The Secretary shall call and hold an election as required by subsection (a)
of this section—
(A) within one hundred and eighty days after the receipt of a tribal request for
an election to ratify a proposed constitution and bylaws, or to revoke such
constitution and bylaws; or
(B) within ninety days after receipt of a tribal request for election to ratify
an amendment to the constitution and bylaws.
(2) During the time periods established by paragraph (1), the Secretary shall—
(A) provide such technical advice and assistance as may be requested by the
tribe or as the Secretary determines may be needed; and
(B) review the final draft of the constitution and bylaws, or amendments thereto
to determine if any provision therein is contrary to applicable laws.
(3) After the review provided in paragraph (2) and at least thirty days prior to
the calling of the election, the Secretary shall notify the tribe, in writing,
whether and in what manner the Secretary has found the proposed constitution and
bylaws or amendments thereto to be contrary to applicable laws.
(d) Approval or disapproval by Secretary; enforcement
(1) If an election called under subsection (a) of this section results in the
adoption by the tribe of the proposed constitution and bylaws or amendments
thereto, the Secretary shall approve the constitution and bylaws or amendments
thereto within forty-five days after the election unless the Secretary finds
that the proposed constitution and bylaws or any amendments are contrary to
applicable laws.
(2) If the Secretary does not approve or disapprove the constitution and bylaws
or amendments within the forty-five days, the Secretary’s approval shall be
considered as given. Actions to enforce the provisions of this section may be
brought in the appropriate Federal district court.
(e) Vested rights and powers; advisement of presubmitted budget estimates
In addition to all powers vested in any Indian tribe or tribal council by
existing law, the constitution adopted by said tribe shall also vest in such
tribe or its tribal council the following rights and powers: To employ legal
counsel; to prevent the sale, disposition, lease, or encumbrance of tribal
lands, interests in lands, or other tribal assets without the consent of the
tribe; and to negotiate with the Federal, State, and local governments. The
Secretary shall advise such tribe or its tribal council of all appropriation
estimates or Federal projects for the benefit of the tribe prior to the
submission of such estimates to the Office of Management and Budget and the
Congress.
(f) Privileges and immunities of Indian tribes; prohibition on new regulations
Departments or agencies of the United States shall not promulgate any regulation
or make any decision or determination pursuant to the Act of June 18, 1934 (25
U.S.C. 461 et seq., 48 Stat. 984) as amended, or any other Act of Congress, with
respect to a federally recognized Indian tribe that classifies, enhances, or
diminishes the privileges and immunities available to the Indian tribe relative
to other federally recognized tribes by virtue of their status as Indian tribes.
(g) Privileges and immunities of Indian tribes; existing regulations
Any regulation or administrative decision or determination of a department or
agency of the United States that is in existence or effect on May 31, 1994, and
that classifies, enhances, or diminishes the privileges and immunities available
to a federally recognized Indian tribe relative to the privileges and immunities
available to other federally recognized tribes by virtue of their status as
Indian tribes shall have no force or effect.
TITLE 25 > CHAPTER 14 > SUBCHAPTER V >
§ 477. Incorporation of Indian tribes; charter; ratification by election
The Secretary of the Interior may, upon petition by any tribe, issue a charter
of incorporation to such tribe: Provided, That such charter shall not become
operative until ratified by the governing body of such tribe. Such charter may
convey to the incorporated tribe the power to purchase, take by gift, or
bequest, or otherwise, own, hold, manage, operate, and dispose of property of
every description, real and personal, including the power to purchase restricted
Indian lands and to issue in exchange therefor interests in corporate property,
and such further powers as may be incidental to the conduct of corporate
business, not inconsistent with law; but no authority shall be granted to sell,
mortgage, or lease for a period exceeding twenty-five years any trust or
restricted lands included in the limits of the reservation. Any charter so
issued shall not be revoked or surrendered except by Act of Congress.
TITLE 25 > CHAPTER 14 > SUBCHAPTER V >
§ 478. Acceptance optional
This Act shall not apply to any reservation wherein a majority of the adult
Indians, voting at a special election duly called by the Secretary of the
Interior, shall vote against its application. It shall be the duty of the
Secretary of the Interior, within one year after June 18, 1934, to call such an
election, which election shall be held by secret ballot upon thirty days’
notice.
TITLE 25 > CHAPTER 14 > SUBCHAPTER V >
§ 473. Application generally
The provisions of this Act shall not apply to any of the Territories, colonies,
or insular possessions of the United States, except that sections 9, 10, 11, 12,
and 16 [25 U.S.C. 469, 470, 471, 472, 476] shall apply to the Territory of
Alaska: Provided, That sections 4, 7, 16, 17, and 18 of this Act [25 U.S.C. 464,
467, 476, 477, 478] shall not apply to the following-named Indian tribes, the
members of such Indian tribes, together with members of other tribes affiliated
with such named tribes located in the State of Oklahoma, as follows: Cheyenne,
Arapaho, Apache, Comanche, Kiowa, Caddo, Delaware, Wichita, Osage, Kaw, Otoe,
Tonkawa, Pawnee, Ponca, Shawnee, Ottawa, Quapaw, Seneca, Wyandotte, Iowa, Sac
and Fox, Kickapoo, Pottawatomi, Cherokee, Chickasaw, Choctaw, Creek, and
Seminole. Section 4 of this Act [25 U.S.C. 464] shall not apply to the Indians
of the Klamath Reservation in Oregon.
TITLE 25 > CHAPTER 14 > SUBCHAPTER V > § 479
§ 479. Definitions
The term “Indian” as used in this Act shall
include all persons of Indian descent who are members of any recognized Indian
tribe now under Federal jurisdiction, and all persons who are descendants of
such members who were, on June 1, 1934, residing within the present boundaries
of any Indian reservation, and shall further include all other persons of
one-half or more Indian blood. For the purposes of this Act, Eskimos and other
aboriginal peoples of Alaska shall be considered Indians. The term “tribe”
wherever used in this Act shall be construed to refer to any Indian tribe,
organized band, pueblo, or the Indians residing on one reservation. The words
“adult Indians” wherever used in this Act shall be construed to refer to Indians
who have attained the age of twenty-one years.
TITLE 25 > CHAPTER 14 > SUBCHAPTER V >
§ 479a–1. Publication of list of recognized tribes
(a) Publication of list
The Secretary shall publish in the Federal Register a list of all Indian tribes
which the Secretary recognizes to be eligible for the special programs and
services provided by the United States to Indians because of their status as
Indians.
(b) Frequency of publication
The list shall be published within 60 days of November 2, 1994, and annually on
or before every January 30 thereafter.
TITLE 25 > CHAPTER 14 > SUBCHAPTER V >
§ 478b. Application of laws and treaties
All laws, general and special, and all treaty provisions affecting any Indian
reservation which has voted or may vote to exclude itself from the application
of the Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 461 et seq.], shall be
deemed to have been continuously effective as to such reservation,
notwithstanding the passage of said Act of June 18, 1934. Nothing in the Act of
June 18, 1934, shall be construed to abrogate or impair any rights guaranteed
under any existing treaty with any Indian tribe, where such tribe voted not to
exclude itself from the application of said Act.
TITLE 25 > CHAPTER 14 > SUBCHAPTER V >
§ 475. Claims or suits of Indian tribes against United States; rights unimpaired
Nothing in this Act shall be construed to impair or prejudice any claim or suit
of any Indian tribe against the United States. It is declared to be the intent
of Congress that no expenditures for the benefit of Indians made out of
appropriations authorized by said sections shall be considered as offsets in any
suit brought to recover upon any claim of such Indians against the United
States.