25 USC 5123 - Organization of Indian tribes; constitution and bylaws and amendment thereof; special election

U.S Code last checked for updates: Nov 22, 2024

§ 5123.

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

(a)

Adoption; effective date

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—

(1)

ratified by a majority vote of the adult members of the tribe or tribes at a special election authorized and called by the Secretary under such rules and regulations as the Secretary may prescribe; and

(2)

approved by the Secretary pursuant to subsection (d) of this section.

(b)

Revocation

(c)

Election procedure; technical assistance; review of proposals; notification of contrary-to-applicable law findings

(1)

The Secretary shall call and hold an election as required by subsection (a) of this section—

(A)

within one hundred and eighty days after the receipt of a tribal request for an election to ratify a proposed constitution and bylaws, or to revoke such constitution and bylaws; or

(B)

within ninety days after receipt of a tribal request for election to ratify an amendment to the constitution and bylaws.

(2)

During the time periods established by paragraph (1), the Secretary shall—

(A)

provide such technical advice and assistance as may be requested by the tribe or as the Secretary determines may be needed; and

(B)

review the final draft of the constitution and bylaws, or amendments thereto to determine if any provision therein is contrary to applicable laws.

(3)

After the review provided in paragraph (2) and at least thirty days prior to the calling of the election, the Secretary shall notify the tribe, in writing, whether and in what manner the Secretary has found the proposed constitution and bylaws or amendments thereto to be contrary to applicable laws.

(d)

Approval or disapproval by Secretary; enforcement

(1)

If an election called under subsection (a) of this section results in the adoption by the tribe of the proposed constitution and bylaws or amendments thereto, the Secretary shall approve the constitution and bylaws or amendments thereto within forty-five days after the election unless the Secretary finds that the proposed constitution and bylaws or any amendments are contrary to applicable laws.

(2)

If the Secretary does not approve or disapprove the constitution and bylaws or amendments within the forty-five days, the Secretary’s approval shall be considered as given. Actions to enforce the provisions of this section may be brought in the appropriate Federal district court.

(e)

Vested rights and powers; advisement of presubmitted budget estimates

(f)

Privileges and immunities of Indian tribes; prohibition on new regulations

(g)

Privileges and immunities of Indian tribes; existing regulations

(h)

Tribal sovereignty

Notwithstanding any other provision of this Act—

(1)

each Indian tribe shall retain inherent sovereign power to adopt governing documents under procedures other than those specified in this section; and

(2)

nothing in this Act invalidates any constitution or other governing document adopted by an Indian tribe after June 18, 1934, in accordance with the authority described in paragraph (1).

(June 18, 1934, ch. 576, § 16, 48 Stat. 987; Pub. L. 100–581, title I, § 101, Nov. 1, 1988, 102 Stat. 2938; Pub. L. 103–263, § 5(b), May 31, 1994, 108 Stat. 709; Pub. L. 106–179, § 3, Mar. 14, 2000, 114 Stat. 47; Pub. L. 108–204, title I, § 103, Mar. 2, 2004, 118 Stat. 543.)

cite as: 25 USC 5123