dreamproit/uscode huggingface dataset:
25 U.S.C. § 711a (INDIANS)
§ 711a. Federal recognition
(a) Extension; laws applicable; eligibility for Federal services and benefits
Federal recognition is hereby extended to the tribe, and the provisions of the Act of June 18, 1934 (48 Stat. 984) as amended [25 U.S.C. 461 et seq.], except as inconsistent with specific provisions of this subchapter, are made applicable to the tribe and the members of the tribe. The tribe and the members of the tribe shall be eligible for all Federal services and benefits furnished to federally recognized Indian tribes. Notwithstanding any provision to the contrary in any law establishing such services or benefits, eligibility of the tribe and its members for such Federal services and benefits shall become effective upon November 18, 1977, without regard to the existence of a reservation for the tribe or the residence of members of the tribe on a reservation.
(b) Restoration of rights and privileges
Except as provided in subsection (c), all rights and privileges of the tribe and of members of the tribe under any Federal treaty, Executive order, agreement, or statute, or under any other authority, which were diminished or lost under the Act of August 13, 1954 (68 Stat. 724) [25 U.S.C. 691 et seq.], are hereby restored, and such Act shall be inapplicable to the tribe and to members of the tribe after November 18, 1977.
(c) Hunting, fishing or trapping rights and tribal reservations not restored
This subchapter shall not grant or restore any hunting, fishing, or trapping right of any nature, including any indirect or procedural right or advantage, to the tribe or any member of the tribe, nor shall it be construed as granting, establishing, or restoring a reservation for the tribe.
(d) Effect on property rights or obligations, contractual rights or obligations, or obligations for taxes
Except as specifically provided in this subchapter, nothing in this subchapter shall alter any property right or obligation, any contractual right or obligation, or any obligation for taxes already levied.
(Pub. L. 95–195, § 3, Nov. 18, 1977, 91 Stat. 1415.)
heading: References in Text
text: Act of June 18, 1934, referred to in subsec. (a), popularly known as the Indian Reorganization Act, is classified generally to subchapter V (§ 461 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables.
Act of August 13, 1954, referred to in subsec. (b), is act Aug. 13, 1954, ch. 733, 68 Stat. 724, which is classified generally to subchapter XXX (§ 691 et seq.) of this chapter. For complete classification of this Act to the Code, see Tables.
25 U.S.C. § 711d (INDIANS)
§ 711d. Tribal constitution and bylaws
(a) Election; time and procedure
Upon the written request of the Interim Council, the Secretary shall conduct an election by secret ballot, pursuant to the provisions of section 476 of this title, for the purpose of adopting a constitution and bylaws for the tribes. The election shall be held within sixty days after the Secretary has—
(1) reviewed and updated the final membership roll for accuracy, in accordance with section 711b(a), (b)(1), and (c)(1) of this title,
(2) made a final determination of all appeals filed under section 711b(c)(2) of this title, and
(3) published in the Federal Register a certification copy of the membership roll of the tribe.
(b) Pre-election distribution of proposed constitution and bylaws and brief impartial description; consultation by Interim Council with members of tribe
The Interim Council shall draft and distribute to each member described in section 711b(d) of this title, no later than thirty days before the election under subsection (a), a copy of the proposed constitution and bylaws of the tribe, as drafted by the Interim Council, along with a brief, impartial description of the proposed constitution and bylaws. The members of the Interim Council may freely consult with members of the tribe concerning the text and description of the constitution and bylaws, except that such consultation may not be carried on within fifty feet of the polling places on the date of the election.
(c) Majority vote necessary for adoption of constitution and bylaws
In any election held pursuant to subsection (a), the vote of a majority of those actually voting shall be necessary and sufficient for the adoption of a tribal constitution and bylaws.
(d) Election of tribal officials provided for in constitution and bylaws; ballot requirements
Not later than one hundred and twenty days after the tribe adopts a constitution and bylaws, the Interim Council shall conduct an election by secret ballot for the purpose of electing the individuals who will serve as tribal officials as provided in the tribal constitution and bylaws. For the purpose of this election and notwithstanding any provision in the tribal constitution and bylaws to the contrary, absentee balloting shall be permitted.
(Pub. L. 95–195, § 6, Nov. 18, 1977, 91 Stat. 1417.)
25 U.S.C. § 712b (INDIANS)
§ 712b. Organization of tribe
(a) Organization and organic governing document
The tribe may organize for its common welfare and adopt an appropriate instrument, in writing, to govern the affairs of the tribe when acting in its governmental capacity. The tribe shall file with the Secretary of the Interior a copy of its organic governing document and any amendments thereto.
(b) New governing document or amendments or revisions of interim governing document; tribal election
Not less than one year following October 26, 1987, the tribe’s governing body may propose a new governing document or amendments or revisions to the interim governing document, and the Secretary shall conduct a tribal election as to the adoption of that proposed document within one hundred twenty days from the date it is submitted to the Bureau of Indian Affairs.
(c) Approval of new governing document
The Secretary shall approve the new governing document if approved by a majority of the tribal voters unless he or she determines that such document is in violation of any laws of the United States.
(d) Interim governing document pending approval
Until the tribe adopts and the Secretary approves a new governing document, its interim governing document shall be the tribal bylaws entitled “By-Laws of Cow Creek Band of Umpqua Tribe of Indians” which bear an “approved” date of “9–10–78,”.
(e) Governing body pending adoption of final document
Until the tribe adopts a final governing document, the tribe’s governing body shall consist of its current board of directors elected at the tribe’s annual meeting of August 10, 1986, or such new board members as are selected under election procedures of the interim governing document identified at subsection (d).
(Pub. L. 97–391, § 4, Dec. 29, 1982, 96 Stat. 1961; Pub. L. 100–139, § 7(a), Oct. 26, 1987, 101 Stat. 828.)
heading: Amendments
text: 1987—Pub. L. 100–139 amended section generally. Prior to amendment, section read as follows: “The tribe may organize for its common welfare and adopt an appropriate instrument, in writing, to govern the affairs of the tribe when acting in its governmental capacity. The tribe shall file with the Secretary of the Interior a copy of its organic governing document and any amendments thereto.”
25 U.S.C. § 713b (INDIANS)
§ 713b. Restoration of Federal recognition, rights, and privileges
(a) Federal recognition
Notwithstanding any provision of the Act approved August 13, 1954 (25 U.S.C. 691 et seq.) or any other law, Federal recognition is extended to the Confederated Tribes of the Grand Ronde Community of Oregon and the corporate charter of such tribe issued pursuant to section 477 of this title and ratified by the tribe on August 22, 1936, is reinstated. Except as otherwise provided in this subchapter, all laws and regulations of the United States of general application to Indians or nations, tribes, or bands of Indians which are not inconsistent with any specific provision of this subchapter shall be applicable to the tribe.
(b) Restoration of rights and privileges
Except as provided in subsection (d), all rights and privileges of the tribe and the members of the tribe under any Federal treaty, Executive order, agreement, or statute, or under any other Federal authority, which may have been diminished or lost under the Act approved August 13, 1954 (25 U.S.C. 691 et seq.) are restored, and the provisions of such subchapter shall be inapplicable to the tribe and to members of the tribe after November 22, 1983.
(c) Federal services and benefits
Notwithstanding any other provision of law, the tribe and its members shall be eligible, on and after November 22, 1983, for all Federal services and benefits furnished to federally recognized Indian tribes without regard to the existence of a reservation for the tribe. In the case of Federal services available to members of federally recognized Indian tribes residing on or near a reservation, members of the tribe residing in the following counties of the State of Oregon shall be deemed to be residing on or near a reservation:
(1) Washington County.
(2) Marion County.
(3) Yamhill County.
(4) Polk County.
(5) Tillamook County.
(6) Multnomah County.
Any member residing in any such county shall continue to be eligible to receive any such Federal service notwithstanding the establishment of any reservation for the tribe in accordance with any plan prepared pursuant to section 713f of this title.
(d) No hunting, fishing or trapping rights restored
No hunting, fishing, or trapping rights of any nature of the tribe or of any member, including any indirect or procedural right or advantage over individuals who are not members, are granted or restored under this subchapter.
(e) Effect on property rights and other obligations
Except as otherwise specifically provided in this subchapter, no provision contained in this subchapter shall alter any property right or obligation, any contractual right or obligation, or any obligation for taxes already levied.
(Pub. L. 98–165, § 4, Nov. 22, 1983, 97 Stat. 1064.)
heading: References in Text
text: Act approved August 13, 1954, referred to in subsecs. (a) and (b), is act Aug. 13, 1954, ch. 733, 68 Stat. 724, which is classified generally to subchapter XXX (§ 691 et seq.) of this chapter. For complete classification of this Act to the Code, see Tables.
25 U.S.C. § 713d (INDIANS)
§ 713d. Tribal constitution and bylaws; tribal governing body
(a) Adoption of proposed constitution and bylaws; election: time and procedure
(1) The Interim Council shall be responsible for preparing the tribal constitution and bylaws which shall provide for, at a minimum, the establishment of a tribal governing body and tribal membership qualifications. Such proposed constitution and bylaws shall be adopted by the Interim Council no later than six months after November 22, 1983.
(2) Upon the adoption of the proposed tribal constitution and bylaws by the Interim Council, the Council shall request the Secretary, in writing, to schedule an election to approve or disapprove the adoption of such constitution and bylaws. The Secretary shall conduct an election by secret ballot in accordance with section 476 of this title.
(b) Notice and consultation
Not less than thirty days before any election scheduled pursuant to subsection (a), a copy of the proposed tribal constitution and bylaws, as adopted by the Interim Council, along with a brief and impartial description of the proposed constitution and bylaws shall be sent to each member eligible to participate in such election under section 713e(d) of this title. The members of the Interim Council may freely consult with members of the tribe concerning the text and description of the constitution and bylaws, except that such consultation may not be carried on within fifty feet of the polling places on the date of such election.
(c) Majority vote for adoption; procedure in event of failure to adopt proposed constitution
(1) In any election held pursuant to subsection (a) of this section, a vote of a majority of those actually voting shall be necessary and sufficient for the approval of the adoption of the tribal constitution and bylaws.
(2) If in any such election such majority does not approve the adoption of the proposed tribal constitution and bylaws, the Interim Council shall be responsible for preparing another tribal constitution and other bylaws in the same manner provided in this section for the first proposed constitution and bylaws. Such new proposed constitution and bylaws shall be adopted by the Interim Council no later than six months after the date of the election in which the first proposed constitution and bylaws failed of adoption. An election on the question of the adoption of the new proposal of the Interim Council shall be conducted in the same manner provided in subsection (a)(2) for the election on the first proposed constitution and bylaws.
(d) Election of tribal governing body
Not later than one hundred and twenty days after the tribe approves the adoption of the tribal constitution and bylaws and subject to the approval of the Secretary, the Interim Council shall conduct an election, by secret ballot, to elect the tribal governing body established under such constitution and bylaws. Notwithstanding any provision of the tribal constitution and bylaws, absentee and write-in balloting shall be permitted in an election under this subsection.
(Pub. L. 98–165, § 6, Nov. 22, 1983, 97 Stat. 1066.)
25 U.S.C. § 715b (INDIANS)
§ 715b. Economic development
(a) Plan for economic development
The Secretary shall—
(1) enter into negotiations with the governing body of the Tribe with respect to establishing a plan for economic development for this Tribe;
(2) in accordance with this section and not later than two years after the adoption of a tribal constitution as provided in section 715g of this title, develop such a plan; and
(3) upon the approval of such plan by the governing body of the Tribe, submit such plan to the Congress.
(b) Restrictions to be contained in plan
Any proposed transfer of real property contained in the plan developed by the Secretary under subsection (a) shall be consistent with the requirements of section 715c of this title.
(Pub. L. 101–42, § 4, June 28, 1989, 103 Stat. 92.)
25 U.S.C. § 734 (INDIANS)
§ 734. State and tribal authority
(a) State authority
Nothing in this Act shall affect the power of the State of Texas to enact special legislation benefitting the tribe, and the State is authorized to perform any services benefitting the tribe that are not inconsistent with the provisions of this Act.
(b) Current constitution and bylaws to remain in effect
Subject to the provisions of section 733(a) of this title, the constitution and bylaws of the tribe on file with the Committee on Natural Resources of the House of Representatives is hereby declared to be approved for the purposes of section 476 of this title except that all reference to the Texas Indian Commission shall be considered as reference to the Secretary of the Interior.
(c) Authority and capacity of Tribal Council
No provision contained in this subchapter shall affect the power of the Tribal Council to take any action under the constitution and bylaws described in subsection (b). The Tribal Council shall represent the tribe and its members in the implementation of this subchapter and shall have full authority and capacity—
(1) to enter into contracts, grant agreements, and other arrangements with any Federal department or agency;
(2) to administer or operate any program or activity under or in connection with any such contract, agreement, or arrangement, to enter into subcontracts or award grants to provide for the administration of any such program or activity, or to conduct any other activity under or in connection with any such contract, agreement, or arrangement; and
(3) to bind any tribal governing body selected under any new constitution adopted in accordance with section 735 of this title as the successor in interest to the Tribal Council.
(Pub. L. 100–89, title II, § 204, Aug. 18, 1987, 101 Stat. 670; Pub. L. 103–437, § 10(d), Nov. 2, 1994, 108 Stat. 4589.)
heading: References in Text
text: This Act, referred to in subsec. (a), is Pub. L. 100–89, Aug. 18, 1987, 101 Stat. 666, known as the Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act, which enacted this subchapter and subchapter LXXVIII (§ 1300g et seq.) of this chapter and enacted provisions set out as notes under section 731 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 731 of this title and Tables.
heading: Amendments
text: 1994—Subsec. (b). Pub. L. 103–437 substituted “Natural Resources of the House of Representatives” for “Interior and Insular Affairs”.
25 U.S.C. § 737 (INDIANS)
§ 737. Gaming activities
(a) In general
All gaming activities which are prohibited by the laws of the State of Texas are hereby prohibited on the reservation and on lands of the tribe. Any violation of the prohibition provided in this subsection shall be subject to the same civil and criminal penalties that are provided by the laws of the State of Texas. The provisions of this subsection are enacted in accordance with the tribe’s request in Tribal Resolution No. T.C.–86–07 which was approved and certified on March 10, 1986.
(b) No State regulatory jurisdiction
Nothing in this section shall be construed as a grant of civil or criminal regulatory jurisdiction to the State of Texas.
(c) Jurisdiction over enforcement against members
Notwithstanding section 736(f) of this title, the courts of the United States shall have exclusive jurisdiction over any offense in violation of subsection (a) that is committed by the tribe, or by any member of the tribe, on the reservation or on lands of the tribe. However, nothing in this section shall be construed as precluding the State of Texas from bringing an action in the courts of the United States to enjoin violations of the provisions of this section.
(Pub. L. 100–89, title II, § 207, Aug. 18, 1987, 101 Stat. 672.)
25 U.S.C. § 765 (INDIANS)
§ 765. Tribal constitution and bylaws
(a) Election; time and preconditions
Upon the written request of the Interim Council, the Secretary shall conduct an election by secret ballot, pursuant to the provisions of section 476 of this title, for the purpose of adopting a constitution and bylaws for the tribe. The election shall be held within sixty days after the Secretary has—
(1) reviewed and updated the final membership roll for accuracy, in accordance with sections 763(a), 763(b)(1), and 763(c)(1) of this title,
(2) made a final determination of all appeals filed under section 763(c)(2) of this title, and
(3) published in the Federal Register a certified copy of the membership roll of the tribe.
(b) Pre-election duties and functions of Interim Council
The Interim Council shall draft and distribute to each member described in section 763(d) of this title, no later than thirty days before the election under subsection (a), a copy of the proposed constitution and bylaws of the tribe, as drafted by the Interim Council, along with a brief and impartial description of the proposed constitution and bylaws. The members of the Interim Council may freely consult with members of the tribe concerning the text and description of the constitution and bylaws, except that such consultation may not be carried on within fifty feet of the polling places on the date of the election.
(c) Majority vote for adoption
In any election held pursuant to subsection (a), a vote of a majority of those actually voting shall be necessary and sufficient for the adoption of a tribal constitution and bylaws.
(d) Election of tribal officials pursuant to constitution and bylaws; ballot requirements
Not later than one hundred and twenty days after the tribe adopts a constitution and bylaws, the Interim Council shall conduct an election by secret ballot for the purpose of electing the individuals who will serve as tribal officials as provided in the tribal constitution and bylaws. For the purpose of this election and notwithstanding any provision in the tribal constitution and bylaws to the contrary, absentee balloting shall be permitted.
(Pub. L. 96–227, § 6, Apr. 3, 1980, 94 Stat. 319.)
25 U.S.C. § 861b (INDIANS)
§ 861b. Restoration of supervision as fulfilling other Federal statutory requirements
(a) Wyandotte, Peoria, and Ottawa Tribes; right or interest in tribal land
It is hereby declared that enactment of this subchapter fulfills the requirements of the first proviso in section 2 of the Act of January 2, 1975 (88 Stat. 1920, 1921), with respect to the Wyandotte Tribe of Oklahoma, the Ottawa Tribe of Oklahoma, and the Peoria Tribe of Oklahoma.
(b) Modoc Tribe; right or interest in tribal land
It is hereby declared that the organization of the Modoc Tribe of Oklahoma as provided in subsection (a) shall fulfill the requirements of the second proviso in section 2 of the Act of January 2, 1975 (88 Stat. 1920, 1921).
(c) Modoc Tribe; publication of notice in Federal Register of organization for purposes of compliance
Promptly after organization of the Modoc Tribe of Oklahoma, the Secretary of the Interior shall publish a notice of such fact in the Federal Register including a statement that such organization completes fulfillment of the requirements of the provisos in section 2 of the Act of January 2, 1975 (88 Stat. 1920, 1921), and that the land described in section 1 of said Act is held in trust by the United States for the eight tribes named in said Act.
(Pub. L. 95–281, § 3, May 15, 1978, 92 Stat. 247.)
heading: References in Text
text: This subchapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 95–281, May 15, 1978, 92 Stat. 246, which enacted this subchapter and repealed subchapter XXXV (§ 791 et seq.), subchapter XXXVI (§ 821 et seq.), and subchapter XXXVII (§ 841 et seq.) of this chapter. For complete classification of this Act to the Code, see Tables.
Act of January 2, 1975, referred to in text, is Pub. L. 93–588, Jan. 2, 1975, 88 Stat. 1920, and is not classified to this Code. The provisos in section 2 of such Act relate to right or interest in tribal land of the enumerated tribes.