§ 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.
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