Page 197 TITLE 25—INDIANS § 479a

1See References in Text note below.

§ 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.

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

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.

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.

CROSS REFERENCES

Right-of-way grant, consent of tribal officials, see

section 324 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 473, 478–1, 566b,

2202 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

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 15, 1935, ch. 260, §4, 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.

§ 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.

(June 18, 1934, ch. 576, §19, 48 Stat. 988.)

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.

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan.

3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections

1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set

out as notes preceding section 21 of Title 48, Territories

and Insular Possessions.

CROSS REFERENCES

Right-of-way grant, consent of tribal officials, see

section 324 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 450i, 473a of this

title.

§ 479a. Definitions

For the purposes of this title: 1