25 U.S.C. § 5119 — Application to Alaska

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.) 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,