25 U.S.C. § 5122 — Offsets of gratuities

Page 698 TITLE 25—INDIANS § 5120 Editorial Notes CODIFICATION Section was formerly classified to section 362 of Title 48, Territories and Insular Possessions, prior to trans- fer to section 473a of this title and editorial reclassi- fication and renumbering as this section. Executive Documents ADMISSION OF ALASKA AS STATE Admission of Alaska into the Union was accom- plished 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. § 5120. Continuation of allowances The Secretary of the Interior is directed to continue the allowance of the articles enumer- ated in section 17 of the Act of March 2, 1889 (23 Stat. L. 894), or their commuted cash value under the Act of June 10, 1896 (29 Stat. L. 334), to all Sioux Indians who would be eligible, but for the provisions of this Act, to receive allot- ments of lands in severalty under section 19 of the Act of May 29, 1908 (25 Stat. L. 451), or under any prior Act, and who have the prescribed sta- tus of the head of a family or single person over the age of eighteen years, and his approval shall be final and conclusive, claims therefor to be paid as formerly from the permanent appropria- tion made by said section 17 and carried on the books of the Treasury for this purpose. No per- son shall receive in his own right more than one allowance of the benefits, and application must be made and approved during the lifetime of the allottee or the right shall lapse. Such benefits shall continue to be paid upon such reservation until such time as the lands available therein for allotment on June 18, 1934, would have been exhausted by the award to each person receiving such benefits of an allotment of eighty acres of such land. (June 18, 1934, ch. 576, § 14, 48 Stat. 987.) Editorial Notes REFERENCES IN TEXT Section 17 of the Act of March 2, 1889, referred to in text, probably means section 17 of act Mar. 2, 1889, ch. 405, 25 Stat. 894, which is not classified to the Code. Act of June 10, 1896, referred to in text, is act June 10, 1896, ch. 398, 29 Stat. 334, which is not classified to the Code. This Act, referred to in text, is act June 18, 1934, ch. 576, 48 Stat. 984, popularly known as the Indian Reorga- nization Act, which is classified generally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 5101 of this title and Tables. Section 19 of the Act of May 29, 1908, referred to in text, probably means section 19 of act May 29, 1908, ch. 216, 35 Stat. 451, which is not classified to the Code. CODIFICATION Section was formerly classified to section 474 of this title prior to editorial reclassification and renumbering as this section. § 5121. Claims or suits of Indian tribes against United States; rights unimpaired Nothing in this Act shall be construed to im- pair or prejudice any claim or suit of any Indian tribe against the United States. It is declared to be the intent of Congress that no expenditures for the benefit of Indians made out of appropria- tions authorized by said sections shall be consid- ered as offsets in any suit brought to recover upon any claim of such Indians against the United States. (June 18, 1934, ch. 576, § 15, 48 Stat. 987.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is act June 18, 1934, ch. 576, 48 Stat. 984, popularly known as the Indian Reorga- nization Act, which is classified generally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 5101 of this title and Tables. CODIFICATION Section was formerly classified to section 475 of this title prior to editorial reclassification and renumbering as this section. § 5122. Offsets of gratuities In all suits now pending in the United States Court of Federal Claims by an Indian tribe or band which have not been tried or submitted, and in any suit hereafter filed in the United States Court of Federal Claims by any such tribe or band, the United States Court of Fed- eral Claims is directed to consider and to offset against any amount found due the said tribe or band all sums expended gratuitously by the United States for the benefit of the said tribe or band; and in all cases now pending or hereafter filed in the United States Court of Federal Claims in which an Indian tribe or band is party plaintiff, wherein the duty of the court is mere- ly to report its findings of fact and conclusions to Congress, the said United States Court of Federal Claims is directed to include in its re- port a statement of the amount of money which has been expended by the United States gratu- itously for the benefit of the said tribe or band: Provided, That expenditures made prior to the date of the law, treaty, agreement, or Executive order under which the claims arise shall not be offset against the claims or claim asserted; and expenditures under the Act of June 18, 1934 (48 Stat. L. 984) [25 U.S.C. 5101 et seq.], except ex- penditures under appropriations made pursuant to section 5 of such Act [25 U.S.C. 5108], shall not be charged as offsets against any claim on be- half of an Indian tribe or tribes now pending in the United States Court of Federal Claims or hereafter filed: Provided further, That funds ap- propriated and expended from tribal funds shall not be construed as gratuities; and this section shall not be deemed to amend or affect the var- ious Acts granting jurisdiction to the United States Court of Federal Claims to hear and de- termine the claims listed on page 678 of the hearings before the subcommittee of the House Committee on Appropriations on the second de- ficiency appropriation bill for the fiscal year 1935: And provided further, That no expenditure under any emergency appropriation or allot- ment made subsequently to March 4, 1933, and generally applicable throughout the United States for relief in stricken agricultural areas, Page 699 TITLE 25—INDIANS § 5123 relief from distress caused by unemployment and conditions resulting therefrom, the prosecu- tion of public works and public projects for the relief of unemployment or to increase employ- ment, and for work relief (including the civil- works program) shall be considered in connec- tion with the operation of this section. (Aug. 12, 1935, ch. 508, § 2, 49 Stat. 596; Pub. L. 97–164, title I, § 160(a)(8), Apr. 2, 1982, 96 Stat. 48; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.) Editorial Notes REFERENCES IN TEXT Act of June 18, 1934, referred to in text, is act June 18, 1934, ch. 576, 48 Stat. 984, popularly known as the In- dian Reorganization Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5101 of this title and Tables. CODIFICATION Section was formerly classified to section 475a of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 1992—Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’ wherever appearing. 1982—Pub. L. 97–164 substituted ‘‘United States Claims Court’’ for ‘‘Court of Claims’’ wherever appear- ing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Proce- dure. § 5123. Organization of Indian tribes; constitu- tion and bylaws and amendment thereof; special election (a) Adoption; effective date Any Indian tribe shall have the right to orga- nize for its common welfare, and may adopt an appropriate constitution and bylaws, and any amendments thereto, which shall become effec- tive 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 Sec- retary 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 ap- proved 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; re- view of proposals; notification of contrary-to- applicable law findings (1) The Secretary shall call and hold an elec- tion as required by subsection (a) of this sec- tion— (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 trib- al 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 assist- ance 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 deter- mine 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 constitu- tion and bylaws or amendments thereto to be contrary to applicable laws. (d) Approval or disapproval by Secretary; en- forcement (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 ap- prove the constitution and bylaws or amend- ments thereto within forty-five days after the election unless the Secretary finds that the pro- posed constitution and bylaws or any amend- ments are contrary to applicable laws. (2) If the Secretary does not approve or dis- approve the constitution and bylaws or amend- ments within the forty-five days, the Sec- retary’s approval shall be considered as given. Actions to enforce the provisions of this section may be brought in the appropriate Federal dis- trict 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 con- stitution 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 encum- brance 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 ad- vise such tribe or its tribal council of all appro- priation 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