Browse Arkansas Code titles and sections

25 U.S.C. § 5123 — Organization of Indian tribes; constitution and bylaws and amendment thereof; special election

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5123 — Organization of Indian tribes; constitution and bylaws and amendment thereof; special election

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5123

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 59d0f49e11c2e6ebd4aa84ac5183dc86f3a9c8e82f7fc507727602490b726ee1. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_7a1be90f23b2329e9fa0624f
Source file: Laws/federal/codes/united-states-code/title-25/section-5123-organization-of-indian-tribes-constitution-and-bylaws-and-amendment-ther--91667fe291.md
Pages: Not recorded – Not recorded
Passage SHA-256: d92384abee258ef5e622c009a7c7bc5f9c88d86af05a8ee3eee847ef21ab535d

Source location: Title 25, Chapter 45, § 5123; chapter-045-protection-of-indians-and-conservation-of-resources.md

Stored source content

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section461&num=0&edition=prelim) et seq., 48 Stat. 984) 11 See References in Text note below. 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. **(h) Tribal sovereignty** Notwithstanding any other provision of this Act— (1) each Indian tribe shall retain inherent sovereign power to adopt governing documents under procedures other than those specified in this section; and (2) nothing in this Act invalidates any constitution or other governing document adopted by an Indian tribe after June 18, 1934, in accordance with the authority described in paragraph (1).

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 476 — Transferred

### Statutory Notes #### Codification Section 476 was editorially reclassified as [section 5123 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5123&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 476

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 461 — Transferred

### Statutory Notes #### Codification Section 461 was editorially reclassified as [section 5101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5101&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 461

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5101 — Allotment of land on Indian reservations

On and after June 18, 1934, no land of any Indian reservation, created or set apart by treaty or agreement with the Indians, Act of Congress, Executive order, purchase, or otherwise, shall be allotted in severalty to any Indian.

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5101

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 410 — Establishment; acquisition of land

When title to all the lands within boundaries to be determined by the Secretary of the Interior within the area of approximately two thousand square miles in the region of the Everglades of Dade, Monroe, and Collier Counties, in the State of Florida, recommended by said Secretary, in his report to Congress of December 3, 1930, pursuant to the Act of March 1, 1929 (45 Stat. 1443), shall have been vested in the United States, said lands shall be, and are, established, dedicated, and set apart as a public park for the benefit and enjoyment of the people and shall be known as the Everglades National Park: Provided, That the United States shall not purchase by appropriation of public moneys any land within the aforesaid area, but such lands shall be secured by the United States only by public or private donation.

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 410

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 803 — Conditions of license generally

All licenses issued under this subchapter shall be on the following conditions: **(a) Modification of plans; factors considered to secure adaptability of project; recommendations for proposed terms and conditions** (1) That the project adopted, including the maps, plans, and specifications, shall be such as in the judgment of the Commission will be best adapted to a comprehensive plan for improving or developing a waterway or waterways for the use or benefit of interstate or foreign commerce, for the improvement and utilization of water-power development, for the adequate protection, mitigation, and enhancement of fish and wildlife (including related spawning grounds and habitat), and for other beneficial public uses, including irrigation, flood control, water supply, and recreational and other purposes referred to in [section 797(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section797/e&num=0&edition=prelim) 11 So in original. Probably should be followed by “; and”. if necessary in order to secure such plan the Commission shall have authority to require the modification of any project and of the plans and specifications of the project works before approval. (2) In order to ensure that the project adopted will be best adapted to the comprehensive plan described in paragraph (1), the Commission shall consider each of the following: (A) The extent to which the project is consistent with a comprehensive plan (where one exists) for improving, developing, or conserving a waterway or waterways affected by the project that is prepared by— (i) an agency established pursuant to Federal law that has the authority to prepare such a plan; or (ii) the State in which the facility is or will be located. (B) The recommendatio

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 803

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2108 — Tribal right to develop mineral resources

Nothing in this chapter shall impair any right of an Indian tribe organized under section 16 or 17 of the Act of June 18, 1934 (48 Stat. 987), as amended [[25 U.S.C. 5123](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5123&num=0&edition=prelim), 5124], to develop their mineral resources as may be provided in any constitution or charter adopted by such tribe pursuant to that Act [[25 U.S.C. 5101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5101&num=0&edition=prelim) et seq.].

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2108

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2213 — Administration of acquired fractional interests; disposition of proceeds

**(a) In general** Subject to the conditions described in subsection (b)(1), an Indian tribe receiving a fractional interest under [section 2212 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2212&num=0&edition=prelim) may, as a tenant in common with the other owners of the trust or restricted lands, lease the interest, sell the resources, consent to the granting of rights-of-way, or engage in any other transaction affecting the trust or restricted land authorized by law. **(b) Application of revenue from acquired interests to land consolidation program** (1) **In general** — The Secretary shall have a lien on any revenue accruing to an interest described in subsection (a) until the Secretary provides for the removal of the lien under paragraph (3), (4), or (5). (2) **Requirements** (A) *In general* — Until the Secretary removes a lien from an interest in land under paragraph (1)— (i) any lease, resource sale contract, right-of-way, or other document evidencing a transaction affecting the interest shall contain a clause providing that all revenue derived from the interest shall be paid to the Secretary; and (ii) any revenue derived from any interest acquired by the Secretary in accordance with [section 2212 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2212&num=0&edition=prelim) shall be deposited in the fund created under [section 2215 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2215&num=0&edition=prelim). (B) *Approval of transactions* — Notwithstanding [section 5123 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5123&num=0&edition=prelim), or any other provision of law, u

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2213

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 390 — Concessions on reservoir sites and other lands in Indian irrigation projects; leases for agricultural, grazing, and other purposes

The Secretary of the Interior be, and he is hereby, authorized, in his discretion, to grant concessions on reservoir sites, reserves for canals or flowage areas, and other lands under his jurisdiction which have been withdrawn or otherwise acquired in connection with the San Carlos, Fort Hall, Flathead, and Duck Valley or Western Shoshone irrigation projects for the benefit in whole or in part of Indians, and to lease such lands for agricultural, grazing, or other purposes: Provided, That no lands so leased shall be eligible for benefit payments under the crop control program, or the soil conservation act: Provided further, That such concessions may be granted or lands leased by the Secretary of the Interior under such rules, regulations, and laws as govern his administration of the public domain as far as applicable, for such considerations, monetary or otherwise, and for such periods of time as he may deem proper, the term of no concession to exceed a period of ten years: Provided further, That the funds derived from such concessions or leases, except funds so derived from Indian tribal property withdrawn for irrigation purposes and for which the tribe has not been compensated, shall be available for expenditure in accordance with the existing laws in the operation and maintenance of the irrigation projects with which they are connected. Any funds derived from reserves for which the tribe has not been compensated shall be deposited to the credit of the proper tribe: Provided further, That where tribal lands of any Indian tribe organized under [section 5123 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5123&num=0&edition=prelim), have been withdrawn or reserved for the purposes hereinbefore mentioned, such lands may be lease

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 390

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 396b — Public auction of oil and gas leases; requirements

Leases for oil- and/or gas-mining purposes covering such unallotted lands shall be offered for sale to the highest responsible qualified bidder, at public auction or on sealed bids, after notice and advertisement, upon such terms and subject to such conditions as the Secretary of the Interior may prescribe. Such advertisement shall reserve to the Secretary of the Interior the right to reject all bids whenever in his judgment the interest of the Indians will be served by so doing, and if no satisfactory bid is received, or the accepted bidder fails to complete the lease, or the Secretary of the Interior shall determine that it is unwise in the interest of the Indians to accept the highest bid, said Secretary may readvertise such lease for sale, or with the consent of the tribal council or other governing tribal authorities, a lease may be made by private negotiations: Provided, That the foregoing provisions shall in no manner restrict the right of tribes organized and incorporated under sections 16 and 17 of the Act of June 18, 1934 (48 Stat. 984) [[25 U.S.C. 5123](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5123&num=0&edition=prelim), 5124], to lease lands for mining purposes as therein provided and in accordance with the provisions of any constitution and charter adopted by any Indian tribe pursuant to the Act of June 18, 1934 [[25 U.S.C. 5101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5101&num=0&edition=prelim) et seq.].

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 396b

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5342 — Contract funding and indirect costs

**(a) Amount of funds provided** (1) The amount of funds provided under the terms of self-determination contracts entered into pursuant to this chapter shall not be less than the appropriate Secretary would have otherwise provided for the operation of the programs or portions thereof for the period covered by the contract, without regard to any organizational level within the Department of the Interior or the Department of Health and Human Services, as appropriate, at which the program, function, service, or activity or portion thereof, including supportive administrative functions that are otherwise contractable, is operated. (2) There shall be added to the amount required by paragraph (1) contract support costs which shall consist of an amount for the reasonable costs for activities which must be carried on by a tribal organization as a contractor to ensure compliance with the terms of the contract and prudent management, but which— (A) normally are not carried on by the respective Secretary in his direct operation of the program; or (B) are provided by the Secretary in support of the contracted program from resources other than those under contract. (3) (A) The contract support costs that are eligible costs for the purposes of receiving funding under this chapter shall include the costs of reimbursing each tribal contractor for reasonable and allowable costs of— (i) direct program expenses for the operation of the Federal program that is the subject of the contract; and (ii) any additional administrative or other expense incurred by the governing body of the Indian Tribe or Tribal organization and any overhead expense incurred by the tribal contractor in connection with the operation of the Federal program, function, service, or activity pursuan

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5342

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.