25 U.S.C. § 5129 — Definitions

Page 701 TITLE 25—INDIANS § 5129 reservation’’, and ‘‘twenty-five years any trust or re- stricted lands’’ for ‘‘ten years any of the land’’. § 5125. Acceptance optional This Act shall not apply to any reservation wherein a majority of the adult Indians, voting at a special election duly called by the Sec- retary of the Interior, shall vote against its ap- plication. It shall be the duty of the Secretary of the Interior, within one year after June 18, 1934, to call such an election, which election shall be held by secret ballot upon thirty days’ notice. (June 18, 1934, ch. 576, § 18, 48 Stat. 988.) 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 478 of this title prior to editorial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries EXTENSIONS OF TIME The time for holding an election under this section was extended to June 18, 1936, by act June 15, 1935, ch. 260, § 2, 49 Stat. 378. Act June 15, 1935, ch. 260, § 3, 49 Stat. 378, provided that the periods of trust or the restrictions on alien- ation of Indian lands should be extended to Dec. 31, 1936, in case of a vote against the application of sec- tions 5101 to 5103, 5107 to 5113, 5115, 5116, 5118, 5120, 5121, 5123 to 5125, and 5129 of this title. § 5126. Mandatory application of sections 5102 and 5124 Notwithstanding section 5125 of this title, sec- tions 5102 and 5124 of this title shall apply to— (1) all Indian tribes, (2) all lands held in trust by the United States for Indians, and (3) all lands owned by Indians that are sub- ject to a restriction imposed by the United States on alienation of the rights of the Indi- ans in the lands. (Pub. L. 101–301, § 3(a), May 24, 1990, 104 Stat. 207.) Editorial Notes CODIFICATION Section was formerly classified to section 478–1 of this title prior to editorial reclassification and renum- bering as this section. § 5127. Procedure In any election heretofore or hereafter held under the Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 5101 et seq.], on the question of excluding a reservation from the application of the said Act or on the question of adopting a constitu- tion and bylaws or amendments thereto or on the question of ratifying a charter, the vote of a majority of those actually voting shall be nec- essary and sufficient to effectuate such exclu- sion, adoption, or ratification, as the case may be: Provided, however, That in each instance the total vote cast shall not be less than 30 per cen- tum of those entitled to vote. (June 15, 1935, ch. 260, § 1, 49 Stat. 378.) 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 478a of this title prior to editorial reclassification and renumbering as this section. § 5128. Application of laws and treaties All laws, general and special, and all treaty provisions affecting any Indian reservation which has voted or may vote to exclude itself from the application of the Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 5101 et seq.], shall be deemed to have been continuously effective as to such reservation, notwithstanding the pas- sage of said Act of June 18, 1934. Nothing in the Act of June 18, 1934, shall be construed to abro- gate or impair any rights guaranteed under any existing treaty with any Indian tribe, where such tribe voted not to exclude itself from the application of said Act. (June 15, 1935, ch. 260, § 4, 49 Stat. 378.) 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 478b of this title prior to editorial reclassification and renumbering as this section. § 5129. Definitions The term ‘‘Indian’’ as used in this Act shall in- clude all persons of Indian descent who are members of any recognized Indian tribe now under Federal jurisdiction, and all persons who are descendants of such members who were, on June 1, 1934, residing within the present bound- aries of any Indian reservation, and shall further include all other persons of one-half or more In- dian blood. For the purposes of this Act, Eski- mos and other aboriginal peoples of Alaska shall be considered Indians. The term ‘‘tribe’’ wher- ever used in this Act shall be construed to refer to any Indian tribe, organized band, pueblo, or the Indians residing on one reservation. The words ‘‘adult Indians’’ wherever used in this Act shall be construed to refer to Indians who have attained the age of twenty-one years. Page 702 TITLE 25—INDIANS § 5130 1 See References in Text note below. (June 18, 1934, ch. 576, § 19, 48 Stat. 988.) 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 479 of this title prior to editorial reclassification 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. § 5130. Definitions For the purposes of this title: 1 (1) The term ‘‘Secretary’’ means the Sec- retary of the Interior. (2) The term ‘‘Indian tribe’’ means any In- dian or Alaska Native tribe, band, nation, pueblo, village or community that the Sec- retary of the Interior acknowledges to exist as an Indian tribe. (3) The term ‘‘list’’ means the list of recog- nized tribes published by the Secretary pursu- ant to section 5131 of this title. (Pub. L. 103–454, title I, § 102, Nov. 2, 1994, 108 Stat. 4791.) Editorial Notes REFERENCES IN TEXT This title, referred to in introductory provisions, is title I of Pub. L. 103–454, Nov. 2, 1994, 108 Stat. 4791, which enacted this section, section 5131 of this title, and provisions set out as a note below. For complete classification of this title to the Code, see Short Title of 1994 Amendment note set out under section 5101 of this title and Tables. CODIFICATION Section was formerly classified to section 479a of this title prior to editorial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries SHORT TITLE For short title of this section and section 5131 of this title as the ‘‘Federally Recognized Indian Tribe List Act of 1994’’, see section 101 of Pub. L. 103–454, set out as a note under section 5101 of this title. CONGRESSIONAL FINDINGS Pub. L. 103–454, title I, § 103, Nov. 2, 1994, 108 Stat. 4791, provided that: ‘‘The Congress finds that— ‘‘(1) the Constitution, as interpreted by Federal case law, invests Congress with plenary authority over Indian Affairs; ‘‘(2) ancillary to that authority, the United States has a trust responsibility to recognized Indian tribes, maintains a government-to-government relationship with those tribes, and recognizes the sovereignty of those tribes; ‘‘(3) Indian tribes presently may be recognized by Act of Congress; by the administrative procedures set forth in part 83 of the Code of Federal Regulations de- nominated ‘Procedures for Establishing that an American Indian Group Exists as an Indian Tribe;’ or by a decision of a United States court; ‘‘(4) a tribe which has been recognized in one of these manners may not be terminated except by an Act of Congress; ‘‘(5) Congress has expressly repudiated the policy of terminating recognized Indian tribes, and has ac- tively sought to restore recognition to tribes that previously have been terminated; ‘‘(6) the Secretary of the Interior is charged with the responsibility of keeping a list of all federally recognized tribes; ‘‘(7) the list published by the Secretary should be accurate, regularly updated, and regularly published, since it is used by the various departments and agen- cies of the United States to determine the eligibility of certain groups to receive services from the United States; and ‘‘(8) the list of federally recognized tribes which the Secretary publishes should reflect all of the federally recognized Indian tribes in the United States which are eligible for the special programs and services pro- vided by the United States to Indians because of their status as Indians.’’ § 5131. Publication of list of recognized tribes (a) Publication of list The Secretary shall publish in the Federal Register a list of all Indian tribes which the Sec- retary recognizes to be eligible for the special programs and services provided by the United States to Indians because of their status as Indi- ans. (b) Frequency of publication The list shall be published within 60 days of November 2, 1994, and annually on or before every January 30 thereafter. (Pub. L. 103–454, title I, § 104, Nov. 2, 1994, 108 Stat. 4792.) Editorial Notes CODIFICATION Section was formerly classified to section 479a–1 of this title prior to editorial reclassification and renum- bering as this section. § 5132. Indians eligible for loans On and after May 10, 1939, no individual of less than one-quarter degree of Indian blood shall be eligible for a loan from funds made available in accordance with the provisions of the Act of June 18, 1934 (48 Stat. 986) [25 U.S.C. 5101 et seq.], and the Act of June 26, 1936 (49 Stat. 1967). (May 10, 1939, ch. 119, § 1, 53 Stat. 698.) 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.