25 U.S.C. § 71 — Future treaties with Indian tribes

Page 27 TITLE 25—INDIANS § 72 Section 70n–4, Pub. L. 88–168, § 4, Nov. 4, 1963, 77 Stat. 301, related to payment of interest and repayment from judgments. Section 70n–5, Pub. L. 88–168, § 5, Nov. 4, 1963, 77 Stat. 301, related to crediting to revolving fund of repay- ments and interest. Section 70n–6, Pub. L. 88–168, § 6, Nov. 4, 1963, 77 Stat. 301, related to liability of the United States. Section 70n–7, Pub. L. 88–168, § 7, Nov. 4, 1963, 77 Stat. 301, prohibited approval of contingent fee contracts for witness before Commission. Section 70o, act Aug. 13, 1946, ch. 959, § 16, 60 Stat. 1053, forbade a member of Congress from practicing be- fore Commission. Section 70p, act Aug. 13, 1946, ch. 959, § 17, 60 Stat. 1053, related to hearings by Commission. Section 70q, acts Aug. 13, 1946, ch. 959, § 18, 60 Stat. 1054; Apr. 10, 1967, Pub. L. 90–9, § 4, 81 Stat. 11, related to testimony of witnesses before Commission. Section 70r, act Aug. 13, 1946, ch. 959, § 19, 60 Stat. 1054, related to final determinations of Commission. Section 70s, acts Aug. 13, 1946, ch. 959, § 20, 60 Stat. 1054; Sept. 8, 1960, Pub. L. 86–722, 74 Stat. 829; Mar. 13, 1978, Pub. L. 95–243, 92 Stat. 153, related to judicial re- view of questions or determinations of Commission. Section 70t, act Aug. 13, 1946, ch. 959, § 21, 60 Stat. 1055, related to a report of determination of claim to Congress by Commission. Section 70u, act Aug. 13, 1946, ch. 959, § 22, 60 Stat. 1055, related to payment of claim after final determina- tion and an adverse determination as a bar to further claims against United States. Section 70v, acts Aug. 13, 1946, ch. 959, § 23, 60 Stat. 1055; July 24, 1956, ch. 679, 70 Stat. 624; June 16, 1961, Pub. L. 87–48, 75 Stat. 92; Apr. 10, 1967, Pub. L. 90–9, § 1, 81 Stat. 11; Mar. 30, 1972, Pub. L. 92–265, § 1, 86 Stat. 114; Oct. 8, 1976, Pub. L. 94–465, § 2, 90 Stat. 1990, provided for dissolution of Commission. Section 70v–1, act Aug. 13, 1946, ch. 959, § 27, as added Apr. 10, 1967, Pub. L. 90–9, § 5, 81 Stat. 11; amended Mar. 30, 1972, Pub. L. 92–265, §§ 2, 3, 86 Stat. 115, related to trial calendar of Commission. Section 70v–2, act Aug. 13, 1946, ch. 959, § 28, as added Mar. 30, 1972, Pub. L. 92–265, § 4, 86 Stat. 115; amended Oct. 8, 1976, Pub. L. 94–465, § 3, 90 Stat. 1990, related to status reports to Congress by Commission. Section 70v–3, act Aug. 13, 1946, ch. 959, § 29, as added July 20, 1977, Pub. L. 95–69, § 2, 91 Stat. 273; amended Apr. 2, 1982, Pub. L. 97–164, title I, § 149, 96 Stat. 46, re- lated to cases transferred to United States Claims Court from Commission. § 70w. Repealed. May 24, 1949, ch. 139, § 142, 63 Stat. 110 Section, act Aug. 13, 1946, ch. 959, § 24, 60 Stat. 1055, re- lated to Indian claims accruing after Aug. 13, 1946. See section 1505 of Title 28, Judiciary and Judicial Proce- dure. CHAPTER 3—AGREEMENTS WITH INDIANS SUBCHAPTER I—TREATIES Sec. 71. Future treaties with Indian tribes. 72. Repealed. SUBCHAPTER II—CONTRACTS WITH INDIANS 81. Contracts and agreements with Indian tribes. 81a. Counsel for prosecution of claims against the United States; cancellation; revival. 81b. Continuation of contracts with attorneys containing limitation of time where suits have been filed. 82. Payments under contracts; aiding in making prohibited contracts. 82a. Contracts for payment of money permitted certain tribes; payment for legal services. 83, 84. Repealed. 85. Contracts relating to tribal funds or property. Sec. 86. Encumbrances on lands allotted to applicants for enrollment in Five Civilized Tribes; use of interest on tribal funds. 87, 87a. Repealed. 88. False vouchers, accounts, or claims. SUBCHAPTER I—TREATIES § 71. Future treaties with Indian tribes No Indian nation or tribe within the territory of the United States shall be acknowledged or recognized as an independent nation, tribe, or power with whom the United States may con- tract by treaty; but no obligation of any treaty lawfully made and ratified with any such Indian nation or tribe prior to March 3, 1871, shall be hereby invalidated or impaired. Such treaties, and any Executive orders and Acts of Congress under which the rights of any Indian tribe to fish are secured, shall be construed to prohibit (in addition to any other prohibition) the impo- sition under any law of a State or political sub- division thereof of any tax on any income de- rived from the exercise of rights to fish secured by such treaty, Executive order, or Act of Con- gress if section 7873 of title 26 does not permit a like Federal tax to be imposed on such income. (R.S. § 2079; Pub. L. 100–647, title III, § 3042, Nov. 10, 1988, 102 Stat. 3641.) Editorial Notes CODIFICATION R.S. § 2079 derived from act Mar. 3, 1871, ch. 120, § 1, 16 Stat. 566. AMENDMENTS 1988—Pub. L. 100–647 inserted sentence at end relating to State tax treatment of income derived by Indians from exercise of fishing rights secured by treaties, Ex- ecutive orders, or Acts of Congress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–647 applicable to all peri- ods beginning before, on, or after Nov. 10, 1988, with no inference created as to existence or nonexistence or scope of any income tax exemption derived from fishing rights secured as of Mar. 17, 1988, by any treaty, law, or Executive order, see section 3044 of Pub. L. 100–647, set out as an Effective Date note under section 7873 of Title 26, Internal Revenue Code. SHORT TITLE OF 2022 AMENDMENT Pub. L. 117–317, § 1, Dec. 27, 2022, 136 Stat. 4419, pro- vided that: ‘‘This Act [repealing sections 72, 127 to 130, 137, 138, 273, 283, 285, and 302 of this title] may be cited as the ‘Repealing Existing Substandard Provisions En- couraging Conciliation with Tribes Act’ or the ‘RE- SPECT Act’.’’ SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–179, § 1, Mar. 14, 2000, 114 Stat. 46, provided that: ‘‘This Act [amending sections 81 and 476 of this title] may be cited as the ‘Indian Tribal Economic De- velopment and Contract Encouragement Act of 2000’.’’ § 72. Repealed. Pub. L. 117–317, § 2(1), Dec. 27, 2022, 136 Stat. 4419 Section, R.S. § 2080, related to abrogation of treaties with Indian tribes having tribal organizations in actual hostility to the United States.