25 U.S.C. § 5118 — Application generally

Page 697 TITLE 25—INDIANS § 5119 695; Pub. L. 100–581, title II, § 205, Nov. 1, 1988, 102 Stat. 2940; Pub. L. 101–509, title V, § 529 [title I, § 112(c)], Nov. 5, 1990, 104 Stat. 1427, 1454; Pub. L. 105–362, title VIII, § 801(e), title XIII, § 1302(d), Nov. 10, 1998, 112 Stat. 3288, 3294.) Editorial Notes REFERENCES IN TEXT Section 2011(f) of this title, referred to in subsec. (c)(2), was in the original a reference to section 1131 of the Education Amendments of 1978, Pub. L. 95–561, meaning section 1131 of Pub. L. 95–561 prior to the gen- eral amendments of chapter 22 (§ 2000 et seq.) of this title by Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 3979, and Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2007. As added by Pub. L. 107–110, section 1131 of Pub. L. 95–561 relates to policy for Indian control of Indian education and is classified to section 2011 of this title. Provisions relating to waivers of education personnel actions are now contained in section 2012(f) of this title. CODIFICATION Section was formerly classified to section 472a of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 1998—Subsec. (d). Pub. L. 105–362, § 801(e)(3), struck out par. (1) designation and struck out par. (2) which read as follows: ‘‘The Secretaries of the Interior and Health and Human Services, and the Director of the Of- fice of Personnel Management shall each submit a re- port to Congress following the close of each fiscal year with respect to the actions which they took in such fis- cal year to place non-Indian employees of the Bureau of Indian Affairs and the Indian Health Service in other Federal positions.’’ Pub. L. 105–362, § 801(e)(1), (2), redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows: ‘‘The Secretaries of the Interior and Health and Human Services shall each submit to the Congress a report following the close of each fiscal year with re- spect to the actions which they took in such fiscal year to recruit and train Indians to qualify such Indians for positions which are subject to preference under the In- dian preference laws. Such report shall also include in- formation as to the grade levels and occupational clas- sifications of Indian and non-Indian employees in the Bureau of Indian Affairs and the Indian Health Serv- ice.’’ Subsec. (e). Pub. L. 105–362, § 1302(d), which directed the amendment of subsec. (e) by striking out par. (1) designation after ‘‘(e)’’ and striking out par. (2), could not be executed because par. (1) designation did not im- mediately follow ‘‘(e)’’ subsequent to amendment by Pub. L. 105–362, § 801(e)(2). See above. Pub. L. 105–362, § 801(e)(2), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d). Subsec. (f). Pub. L. 105–362, § 801(e)(2), redesignated subsec. (f) as (e). 1990—Subsec. (b)(2). Pub. L. 101–509 substituted ‘‘a Deputy Secretary’’ for ‘‘an Under Secretary’’ before ‘‘or Assistant Secretary’’. 1988—Subsec. (c)(1). Pub. L. 100–581 substituted ‘‘an applicant or employee’’ for ‘‘an employee’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ in subsec. (b)(2) pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–509 effective on first day of first pay period beginning on or after Nov. 5, 1990, with continued service by incumbent Under Secretary of the Interior, see section 529 [title I, § 112(e)(1), (2)(B)] of Pub. L. 101–509, set out as a note under section 3404 of Title 20, Education. § 5118. Application generally The provisions of this Act shall not apply to any of the Territories, colonies, or insular pos- sessions of the United States, except that sec- tions 9, 10, 11, 12, and 16 [25 U.S.C. 5112, 5113, 5115, 5116, 5123] shall apply to the Territory of Alaska: Provided, That sections 4, 7, 16, 17, and 18 of this Act [25 U.S.C. 5107, 5110, 5123, 5124, 5125] shall not apply to the following-named Indian tribes, the members of such Indian tribes, together with members of other tribes affiliated with such named tribes located in the State of Oklahoma, as follows: Cheyenne, Arapaho, Apache, Coman- che, Kiowa, Caddo, Delaware, Wichita, Osage, Kaw, Otoe, Tonkawa, Pawnee, Ponca, Shawnee, Ottawa, Quapaw, Seneca, Wyandotte, Iowa, Sac and Fox, Kickapoo, Pottawatomi, Cherokee, Chickasaw, Choctaw, Creek, and Seminole. Sec- tion 4 of this Act [25 U.S.C. 5107] shall not apply to the Indians of the Klamath Reservation in Or- egon. (June 18, 1934, ch. 576, § 13, 48 Stat. 986; Pub. L. 101–301, § 3(b), May 24, 1990, 104 Stat. 207.) 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 473 of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 1990—Pub. L. 101–301 substituted ‘‘sections 4,’’ for ‘‘sections 2, 4,’’ in proviso. 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. § 5119. Application to Alaska Sections 5101, 5108, 5110, 5111, 5121, 5124, and 5129 of this title shall after May 1, 1936, apply to the Territory of Alaska: Provided, That groups of Indians in Alaska not recognized prior to May 1, 1936, as bands or tribes, but having a common bond of occupation, or association, or residence within a well-defined neighborhood, community, or rural district, may organize to adopt con- stitutions and bylaws and to receive charters of incorporation and Federal loans under sections 5113, 5123, and 5124 of this title. (May 1, 1936, ch. 254, § 1, 49 Stat. 1250.)