Page 195 TITLE 25—INDIANS § 476

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 deficiency 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 States

Court of Federal Claims’’ for ‘‘United States Claims

Court’’ wherever appearing.

1982—Pub. L. 97–164 substituted ‘‘United States

Claims Court’’ for ‘‘Court of Claims’’ wherever appearing.

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.

(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 con-
§ 477 TITLE 25—INDIANS Page 196

stitution adopted by said tribe shall also vest in

such tribe or its tribal council the following

rights and powers: To employ legal counsel, the

choice of counsel and fixing of fees to be subject

to the approval of the Secretary; 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.

(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.)

REFERENCES IN TEXT

Act of June 18, 1934, referred to in subsec. (f), 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.

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

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

Section 102 of title I of Pub. L. 100–581 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—

‘‘(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

Section 103 of title I of Pub. L. 100–581 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.’’

CROSS REFERENCES

Application to certain tribes, see sections 473, 473a

and 478 of this title.

Charges to licensees under Federal Power Act, see

section 803 of Title 16, Conservation.

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 390, 396b, 450j–1,

450l, 458cc, 473, 473a, 566b, 711d, 713d, 714d, 715g, 734, 735,

765, 983f, 1300h–4, 1300j–4, 1300k–6, 1300l–5, 1300m–6, 1742,

1750a, 1772a, 2108 of this title; title 16 section 803.

§ 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’’.

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 396b, 473, 473a,

478–1, 713b, 2108 of this title.