25 Usc 476

Page 207

§ 476

TITLE 25—INDIANS

Money and Finance, repealed the permanent appropriation under the title ‘‘Civilization of the Sioux (4x950)’’
effective July 1, 1935, and provided that such portions
of any Acts as make permanent appropriations to be
expended under such account are amended so as to authorize, in lieu thereof, annual appropriations from the
general fund of the Treasury in identical terms and in
such amounts as now provided by the laws providing
such permanent appropriations.

§ 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.
(June 18, 1934, ch. 576, § 15, 48 Stat. 987.)
REFERENCES IN TEXT
This Act, referred to in text, is act June 18, 1934,
which is classified generally to this subchapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 461 of this title
and Tables.

§ 475a. Offsets of gratuities
In all suits now pending in the United States
Court of Federal Claims by an Indian tribe or
band which have not been tried or submitted,
and in any suit hereafter filed in the United
States Court of Federal Claims by any such
tribe or band, the United States Court of Federal Claims is directed to consider and to offset
against any amount found due the said tribe or
band all sums expended gratuitously by the
United States for the benefit of the said tribe or
band; and in all cases now pending or hereafter
filed in the United States Court of Federal
Claims in which an Indian tribe or band is party
plaintiff, wherein the duty of the court is merely to report its findings of fact and conclusions
to Congress, the said United States Court of
Federal Claims is directed to include in its report a statement of the amount of money which
has been expended by the United States gratuitously for the benefit of the said tribe or band:
Provided, That expenditures made prior to the
date of the law, treaty, agreement, or Executive
order under which the claims arise shall not be
offset against the claims or claim asserted; and
expenditures under the Act of June 18, 1934 (48
Stat. L. 984) [25 U.S.C. 461 et seq.], except expenditures under appropriations made pursuant
to section 5 of such Act [25 U.S.C. 465], shall not
be charged as offsets against any claim on behalf of an Indian tribe or tribes now pending in
the United States Court of Federal Claims or
hereafter filed: Provided further, That funds appropriated and expended from tribal funds shall
not be construed as gratuities; and this section
shall not be deemed to amend or affect the various Acts granting jurisdiction to the United
States Court of Federal Claims to hear and determine the claims listed on page 678 of the
hearings before the subcommittee of the House
Committee on Appropriations on the second de-

ficiency appropriation bill for the fiscal year
1935: And provided further, That no expenditure
under any emergency appropriation or allotment made subsequently to March 4, 1933, and
generally applicable throughout the United
States for relief in stricken agricultural areas,
relief from distress caused by unemployment
and conditions resulting therefrom, the prosecution of public works and public projects for the
relief of unemployment or to increase employment, and for work relief (including the civilworks program) shall be considered in connection with the operation of this section.
(Aug. 12, 1935, ch. 508, § 2, 49 Stat. 596; Pub. L.
97–164, title I, § 160(a)(8), Apr. 2, 1982, 96 Stat. 48;
Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992,
106 Stat. 4516.)
REFERENCES IN TEXT
Act of June 18, 1934, referred to in text, popularly
known as the Indian Reorganization Act, is classified
generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set
out under section 461 of this title and Tables.
AMENDMENTS
1992—Pub. L. 102–572 substituted ‘‘United
Court of Federal Claims’’ for ‘‘United States
Court’’ wherever appearing.
1982—Pub. L. 97–164 substituted ‘‘United
Claims Court’’ for ‘‘Court of Claims’’ wherever
ing.

States
Claims
States
appear-

EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102–572 effective Oct. 29, 1992,
see section 911 of Pub. L. 102–572, set out as a note
under section 171 of Title 28, Judiciary and Judicial
Procedure.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97–164 effective Oct. 1, 1982,
see section 402 of Pub. L. 97–164, set out as a note under
section 171 of Title 28, Judiciary and Judicial Procedure.

§ 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.

§ 476

TITLE 25—INDIANS

(c) Election procedure; technical assistance; review of proposals; notification of contrary-toapplicable 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

Page 208

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.
(h) Tribal sovereignty
Notwithstanding any other provision of this
Act—
(1) each Indian tribe shall retain inherent
sovereign power to adopt governing documents
under procedures other than those specified in
this section; and
(2) nothing in this Act invalidates any constitution or other governing document adopted by an Indian tribe after June 18, 1934, in accordance with the authority described in paragraph (1).
(June 18, 1934, ch. 576, § 16, 48 Stat. 987; Pub. L.
100–581, title I, § 101, Nov. 1, 1988, 102 Stat. 2938;
Pub. L. 103–263, § 5(b), May 31, 1994, 108 Stat. 709;
Pub. L. 106–179, § 3, Mar. 14, 2000, 114 Stat. 47;
Pub. L. 108–204, title I, § 103, Mar. 2, 2004, 118
Stat. 543.)
REFERENCES IN TEXT
Act of June 18, 1934, and this Act, referred to in subsecs. (f) and (h), is act of June 18, 1934, ch. 576, 48 Stat.
984, popularly known as the Indian Reorganization Act,
which is classified generally to this subchapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 461 of this title
and Tables.
CODIFICATION
May 31, 1994, referred to in subsec. (g), was in the
original ‘‘the date of enactment of this Act’’, which was
translated as meaning the date of enactment of Pub. L.
103–263, which enacted subsec. (g) of this section, to reflect the probable intent of Congress.
AMENDMENTS
2004—Subsec. (h). Pub. L. 108–204 added subsec. (h).
2000—Subsec. (e). Pub. L. 106–179 struck out ‘‘, the
choice of counsel and fixing of fees to be subject to the
approval of the Secretary’’ after ‘‘To employ legal
counsel’’.
1994—Subsecs. (f), (g). Pub. L. 103–263 added subsecs.
(f) and (g).
1988—Pub. L. 100–581 amended section generally, substituting subsecs. (a) to (e) for two former undesignated
pars.
DEFINITIONS APPLICABLE
Pub. L. 100–581, title I, § 102, Nov. 1, 1988, 102 Stat.
2939, provided that: ‘‘For the purpose of this Act [probably means title I of Pub. L. 100–581 which amended
this section and enacted provisions set out below], the
term—

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§ 478b

TITLE 25—INDIANS

‘‘(1) ‘applicable laws’ means any treaty, Executive
order or Act of Congress or any final decision of the
Federal courts which are applicable to the tribe, and
any other laws which are applicable to the tribe pursuant to an Act of Congress or by any final decision
of the Federal courts;
‘‘(2) ‘appropriate tribal request’ means receipt in
the Area Office of the Bureau of Indian Affairs having
administrative jurisdiction over the requesting tribe,
of a duly enacted tribal resolution requesting a Secretarial election as well as a copy of the proposed
tribal constitution and bylaws, amendment, or revocation action;
‘‘(3) ‘Secretary’ means the Secretary of the Interior.’’
AMENDMENT OF TRIBAL CONSTITUTION AND BYLAWS
Pub. L. 100–581, title I, § 103, Nov. 1, 1988, 102 Stat.
2939, provided that: ‘‘Nothing in this Act [probably
means title I of Pub. L. 100–581 which amended this section and enacted provisions set out above] is intended
to amend, revoke, or affect any tribal constitution,
bylaw, or amendment ratified and approved prior to
this Act.’’

§ 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.
(June 18, 1934, ch. 576, § 17, 48 Stat. 988; Pub. L.
101–301, § 3(c), May 24, 1990, 104 Stat. 207.)
AMENDMENTS
1990—Pub. L. 101–301 substituted ‘‘by any tribe’’ for
‘‘by at least one-third of the adult Indians’’, ‘‘by the
governing body of such tribe’’ for ‘‘at a special election
by a majority vote of the adult Indians living on the
reservation’’, and ‘‘twenty-five years any trust or restricted lands’’ for ‘‘ten years any of the land’’.

complete classification of this Act to the Code, see
Short Title note set out under section 461 of this title
and Tables.
EXTENSIONS OF TIME
The time for holding an election under this section
was extended to June 18, 1936, by act June 15, 1935, ch.
260, § 2, 49 Stat. 378.
Act June 15, 1935, ch. 260, § 3, 49 Stat. 378, provided
that the periods of trust or the restrictions on alienation of Indian lands should be extended to Dec. 31,
1936, in case of a vote against the application of sections 461, 462, 463, 464, 465, 466 to 470, 471, 472, 473, 474,
475, 476 to 478, and 479 of this title.

§ 478–1. Mandatory application of sections 462
and 477
Notwithstanding section 478 of this title, sections 462 and 477 of this title shall apply to—
(1) all Indian tribes,
(2) all lands held in trust by the United
States for Indians, and
(3) all lands owned by Indians that are subject to a restriction imposed by the United
States on alienation of the rights of the Indians in the lands.
(Pub. L. 101–301, § 3(a), May 24, 1990, 104 Stat.
207.)
§ 478a. Procedure
In any election heretofore or hereafter held
under the Act of June 18, 1934 (48 Stat. 984) [25
U.S.C. 461 et seq.], on the question of excluding
a reservation from the application of the said
Act or on the question of adopting a constitution and bylaws or amendments thereto or on
the question of ratifying a charter, the vote of a
majority of those actually voting shall be necessary and sufficient to effectuate such exclusion, adoption, or ratification, as the case may
be: Provided, however, That in each instance the
total vote cast shall not be less than 30 per centum of those entitled to vote.
(June 15, 1935, ch. 260, § 1, 49 Stat. 378.)
REFERENCES IN TEXT
Act of June 18, 1934, referred to in text, popularly
known as the Indian Reorganization Act, is classified
generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set
out under section 461 of this title and Tables.

§ 478b. Application of laws and treaties

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.

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.

(June 18, 1934, ch. 576, § 18, 48 Stat. 988.)

(June 15, 1935, ch. 260, § 4, 49 Stat. 378.)

§ 478. Acceptance optional

REFERENCES IN TEXT

REFERENCES IN TEXT

This Act, referred to in text, is act June 18, 1934,
which is classified generally to this subchapter. For

Act of June 18, 1934, referred to in text, popularly
known as the Indian Reorganization Act, is classified