§ 476. — Organization of Indian tribes; constitution and bylaws and amendment thereof; special election.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC476]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER V--PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES
Sec. 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-to-applicable 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 constitution adopted by said tribe shall
also vest in such tribe or its tribal council the following rights and
powers: To employ legal counsel; 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, Sec. 16, 48 Stat. 987; Pub. L. 100-581, title
I, Sec. 101, Nov. 1, 1988, 102 Stat. 2938; Pub. L. 103-263, Sec. 5(b),
May 31, 1994, 108 Stat. 709; Pub. L. 106-179, Sec. 3, Mar. 14, 2000, 114
Stat. 47.)
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
2000--Subsec. (e). Pub. L. 106-179 struck out ``, the choice of
counsel and fixing of fees to be subject to the approval of the
Secretary'' after ``To employ legal counsel''.
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.''
Section Referred to in Other Sections
This section is referred to in sections 390, 396b, 450j-1, 450l,
458cc, 458aaa-10, 473, 473a, 566b, 711d, 713d, 714d, 715g, 734, 735,
765, 983f, 1300h-4, 1300j-4, 1300k-6, 1300l-5, 1300m-6, 1300n-6, 1742,
1750a, 1772a, 2108, 2213 of this title; title 16 section 803.
