Notes on 25 U.S.C. § 476 : US Code - Notes

Search Notes on 25 U.S.C. § 476 : US Code - Notes

(June 18, 1934, ch. 576, Sec. 16, 48 Stat. 987; Pub. L. 100-581,
title I, Sec. 101, Nov. 1, 1988, 102 Stat. 2938; Pub. L. 103-263,
Sec. 5(b), May 31, 1994, 108 Stat. 709; Pub. L. 106-179, Sec. 3,
Mar. 14, 2000, 114 Stat. 47; Pub. L. 108-204, title I, Sec. 103,
Mar. 2, 2004, 118 Stat. 543.)
REFERENCES IN TEXT
Act of June 18, 1934, and this Act, referred to in subsecs. (f)
and (h), is act of June 18, 1934, ch. 576, 48 Stat. 984, popularly
known as the Indian Reorganization Act, which is classified
generally to this subchapter. For complete classification of this
Act to the Code, see Short Title note set out under section 461 of
this title and Tables.
CODIFICATION
May 31, 1994, referred to in subsec. (g), was in the original
"the date of enactment of this Act", which was translated as
meaning the date of enactment of Pub. L. 103-263, which enacted
subsec. (g) of this section, to reflect the probable intent of
Congress.
AMENDMENTS
2004 - Subsec. (h). Pub. L. 108-204 added subsec. (h).
2000 - Subsec. (e). Pub. L. 106-179 struck out ", the choice of
counsel and fixing of fees to be subject to the approval of the
Secretary" after "To employ legal counsel".
1994 - Subsecs. (f), (g). Pub. L. 103-263 added subsecs. (f) and
(g).
1988 - Pub. L. 100-581 amended section generally, substituting
subsecs. (a) to (e) for two former undesignated pars.
DEFINITIONS APPLICABLE
Section 102 of title I of Pub. L. 100-581 provided that: "For the
purpose of this Act [probably means title I of Pub. L. 100-581
which amended this section and enacted provisions set out below],
the term -
"(1) 'applicable laws' means any treaty, Executive order or Act
of Congress or any final decision of the Federal courts which are
applicable to the tribe, and any other laws which are applicable
to the tribe pursuant to an Act of Congress or by any final
decision of the Federal courts;
"(2) 'appropriate tribal request' means receipt in the Area
Office of the Bureau of Indian Affairs having administrative
jurisdiction over the requesting tribe, of a duly enacted tribal
resolution requesting a Secretarial election as well as a copy of
the proposed tribal constitution and bylaws, amendment, or
revocation action;
"(3) 'Secretary' means the Secretary of the Interior."
AMENDMENT OF TRIBAL CONSTITUTION AND BYLAWS
Section 103 of title I of Pub. L. 100-581 provided that: "Nothing
in this Act [probably means title I of Pub. L. 100-581 which
amended this section and enacted provisions set out above] is
intended to amend, revoke, or affect any tribal constitution,
bylaw, or amendment ratified and approved prior to this Act."