Page 193 TITLE 25—INDIANS § 474

(3) The term ‘‘Bureau of Indian Affairs’’

means (A) the Bureau of Indian Affairs and (B)

all other organizational units in the Department of the Interior directly and primarily related to providing services to Indians and in

which positions are filled in accordance with

the Indian preference laws.

(Pub. L. 96–135, §2, Dec. 5, 1979, 93 Stat. 1057; Pub.

L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat.

695; Pub. L. 100–581, title II, §205, Nov. 1, 1988, 102

Stat. 2940; Pub. L. 101–509, title V, §529 [title I,

§112(c)], Nov. 5, 1990, 104 Stat. 1427, 1454.)

REFERENCES IN TEXT

Section 2011(f) of this title, referred to in subsec.

(c)(2), was in the original a reference to section 1131 of

the Education Amendments of 1978, Pub. L. 95–561. Section 1131 of Pub. L. 95–561 was omitted in the general

amendment of chapter 22 (§2001 et seq.) of this title by

Pub. L. 103–382, title III, §381, Oct. 20, 1994, 108 Stat.

3979. Pub. L. 103–382 enacted a new section 1131 of Pub.

L. 95–561, relating to policy for Indian control of Indian

education, which is classified to section 2011 of this

title. Provisions relating to waivers of education personnel actions are now contained in section 2012(f) of

this title.

AMENDMENTS

1990—Subsec. (b)(2). Pub. L. 101–509 substituted ‘‘a

Deputy Secretary’’ for ‘‘an Under Secretary’’ before ‘‘or

Assistant Secretary’’.

1988—Subsec. (c)(1). Pub. L. 100–581 substituted ‘‘an

applicant or employee’’ for ‘‘an employee’’.

CHANGE OF NAME

‘‘Secretary of Health and Human Services’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in subsec. (b)(2) and ‘‘Health and Human Services’’ substituted for ‘‘Health, Education, and Welfare’’

in subsecs. (d) and (e)(2), pursuant to section 509(b) of

Pub. L. 96–88 which is classified to section 3508(b) of

Title 20, Education.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101–509 effective on first day

of first pay period beginning on or after Nov. 5, 1990,

with continued service by incumbent Under Secretary

of the Interior, see section 529 [title I, §112(e)(1), (2)(B)]

of Pub. L. 101–509, set out as a note under section 3404

of Title 20, Education.

§ 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.

(June 18, 1934, ch. 576, §13, 48 Stat. 986; Pub. L.

101–301, §3(b), May 24, 1990, 104 Stat. 207.)

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.

AMENDMENTS

1990—Pub. L. 101–301 substituted ‘‘sections 4,’’ for

‘‘sections 2, 4,’’ in proviso.

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

Oklahoma Indians as having rights secured to organized Indian tribes under sections to which reference is

made in text, see section 503 of this title.

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

section 324 of this title.

Tribes authorized to be organized with charter allowing participation in revolving credit fund and other

rights secured to organized tribes under sections to

which reference is made in text, see section 503 of this

title.

§ 473a. Application to Alaska

Sections 461, 465, 467, 468, 475, 477, and 479 of

this title shall after May 1, 1936, apply to the

Territory of Alaska: Provided, That groups of Indians in Alaska not recognized prior to May 1,

1936, as bands or tribes, but having a common

bond of occupation, or association, or residence

within a well-defined neighborhood, community,

or rural district, may organize to adopt constitutions and bylaws and to receive charters of

incorporation and Federal loans under sections

470, 476, and 477 of this title.

(May 1, 1936, ch. 254, §1, 49 Stat. 1250.)

CODIFICATION

Section was formerly classified to section 362 of Title

48, Territories and Insular Possessions.

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 section 324 of this title.

§ 474. Continuation of allowances

The Secretary of the Interior is directed to

continue the allowance of the articles enumerated in section 17 of the Act of March 2, 1889 (23

Stat. L. 894), or their commuted cash value

under the Act of June 10, 1896 (29 Stat. L. 334),

to all Sioux Indians who would be eligible, but

for the provisions of this Act, to receive allotments of lands in severalty under section 19 of