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25 U.S.C. § 5123

Organization of Indian tribes; constitution and bylaws and amendment thereof; special election

United States · Title 25 — INDIANS · Status: effective

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25 U.S.C. § 5123, Organization of Indian tribes; constitution and bylaws and amendment thereof; special election, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/461852
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Any Indian tribe shall have the right to organize for its common welfare, and may adopt an appropriate constitution and bylaws, and any amendments thereto, which shall become effective when— Any constitution or bylaws ratified and approved 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. The Secretary shall call and hold an election as required by subsection (a) of this section— During the time periods established by paragraph (1), the Secretary shall— In addition to all powers vested in any Indian tribe or tribal council by existing law, the constitution 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 encumbrance 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 advise such tribe or its tribal council of all appropriation 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. Departments or agencies of the United States shall not promulgate any regulation or make any decision or determination pursuant to the Act of June 18, 1934 (25 U.S.C. 461 et seq., 48 Stat. 984) 11 See References in Text note below. as amended, or any other Act of Congress, with respect to a federally recognized Indian tribe that classifies, enhances, or diminishes the privileges and immunities available to the Indian tribe relative to other federally recognized tribes by virtue of their status as Indian tribes. Any regulation or administrative decision or determination of a department or agency of the United States that is in existence or effect on May 31, 1994, and that classifies, enhances, or diminishes the privileges and immunities available to a federally recognized Indian tribe relative to the privileges and immunities available to other federally recognized tribes by virtue of their status as Indian tribes shall have no force or effect. Notwithstanding any other provision of this Act—

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.

  • Amended byPub. L. 100-581(H.R. 2677)1988-11-01
    Southern California Indian Land Transfer Act
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 103-263(S. 1654)1994-05-31
    A bill to make certain technical corrections.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 106-179(S. 613)2000-03-14
    Indian Tribal Economic Development and Contract Encouragement Act of 2000
    House: 406–2Senate: no recorded tally
  • Amended byPub. L. 108-204(S. 523)2004-03-02
    Native American Technical Corrections Act of 2004
    House: no recorded tallySenate: no recorded tally