
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
