§ 1325 TITLE 25—INDIANS Page 402

§ 1325. Abatement of actions

(a) Pending actions or proceedings; effect of cession

No action or proceeding pending before any

court or agency of the United States immediately prior to any cession of jurisdiction by

the United States pursuant to this subchapter

shall abate by reason of that cession. For the

purposes of any such action or proceeding, such

cession shall take effect on the day following

the date of final determination of such action or

proceeding.

(b) Criminal actions; effect of cession

No cession made by the United States under

this subchapter shall deprive any court of the

United States of jurisdiction to hear, determine,

render judgment, or impose sentence in any

criminal action instituted against any person

for any offense committed before the effective

date of such cession, if the offense charged in

such action was cognizable under any law of the

United States at the time of the commission of

such offense. For the purposes of any such

criminal action, such cession shall take effect

on the day following the date of final determination of such action.

(Pub. L. 90–284, title IV, §405, Apr. 11, 1968, 82

Stat. 80.)

§ 1326. Special election

State jurisdiction acquired pursuant to this

subchapter with respect to criminal offenses or

civil causes of action, or with respect to both,

shall be applicable in Indian country only where

the enrolled Indians within the affected area of

such Indian country accept such jurisdiction by

a majority vote of the adult Indians voting at a

special election held for that purpose. The Secretary of the Interior shall call such special

election under such rules and regulations as he

may prescribe, when requested to do so by the

tribal council or other governing body, or by 20

per centum of such enrolled adults.

(Pub. L. 90–284, title IV, §406, Apr. 11, 1968, 82

Stat. 80.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1755 of this title.

SUBCHAPTER IV—EMPLOYMENT OF LEGAL

COUNSEL

§ 1331. Approval

Notwithstanding any other provision of law, if

any application made by an Indian, Indian tribe,

Indian council, or any band or group of Indians

under any law requiring the approval of the Secretary of the Interior or the Commissioner of Indian Affairs of contracts or agreements relating

to the employment of legal counsel (including

the choice of counsel and the fixing of fees) by

any such Indians, tribe, council, band, or group

is neither granted nor denied within ninety days

following the making of such application, such

approval shall be deemed to have been granted.

(Pub. L. 90–284, title VI, §601, Apr. 11, 1968, 82

Stat. 80.)

SUBCHAPTER V—MATERIALS AND

PUBLICATIONS

§ 1341. Authorization of Secretary

(a) Revision of document on ‘‘Indian Affairs,

Laws and Treaties’’ and treatise on ‘‘Federal

Indian Laws’’; compilation of official opinions; printing and republication

In order that the constitutional rights of Indians might be fully protected, the Secretary of

the Interior is authorized and directed to—

(1) have the document entitled ‘‘Indian Affairs, Laws and Treaties’’ (Senate Document

Numbered 319, volumes 1 and 2, Fifty-eighth

Congress), revised and extended to include all

treaties, laws, Executive orders, and regulations relating to Indian affairs in force on September 1, 1967, and to have such revised document printed at the Government Printing Office;

(2) have revised and republished the treatise

entitled ‘‘Federal Indian Law’’; and

(3) have prepared, to the extent determined

by the Secretary of the Interior to be feasible,

an accurate compilation of the official opinions, published and unpublished, of the Solicitor of the Department of the Interior relating

to Indian affairs rendered by the Solicitor

prior to September 1, 1967, and to have such

compilation printed as a Government publication at the Government Printing Office.

(b) Current services

With respect to the document entitled ‘‘Indian

Affairs, Laws and Treaties’’ as revised and extended in accordance with paragraph (1) of subsection (a) of this section, and the compilation

prepared in accordance with paragraph (3) of

such subsection, the Secretary of the Interior

shall take such action as may be necessary to

keep such document and compilation current on

an annual basis.

(c) Authorization of appropriations

There is authorized to be appropriated for carrying out the provisions of this subchapter such

sum as may be necessary.

(Pub. L. 90–284, title VII, §701, Apr. 11, 1968, 82

Stat. 80; Pub. L. 93–265, Apr. 12, 1974, 88 Stat. 84.)

AMENDMENTS

1974—Subsec. (c). Pub. L. 93–265 struck out ‘‘, with respect to the preparation but not including printing,’’

before ‘‘such sum’’.

CHAPTER 16—DISTRIBUTION OF JUDGMENT

FUNDS

Sec.

1401. Funds appropriated in satisfaction of judgments of Indian Claims Commission or

United States Court of Federal Claims.

(a) Use and distribution.

(b) Amounts remaining to be held in

trust unless otherwise provided.

(c) Short title.

1402. Plan for use or distribution of funds.

(a) Preparation and submission to Congress by Secretary of the Interior;

contents; copy to affected Indian

tribe.

(b) Time for preparation and submission

of plan.