25 Usc 477

Page 209

§ 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