§ 5124. Incorporation of Indian tribes; charter; ratification by election

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1934

   Pub. L. 73–576 § 17 · 48 Stat. 984

   Enacted · 25 U.S.C. § 5124

   June 18, 1934, ch. 576, § 17, 48 Stat. 988

   Source evidence

   Code source credit
   June 18, 1934, ch. 576, § 17, 48 Stat. 988

   Enacted provision · exact public law section
   Sec. 17. The Secretary of the Interior may, upon petition by at least one-third of the adult Indians, issue a charter of incorporation to such tribe: Provided, That such charter shall not become operative until ratified at a special election by a majority vote of the adult Indians living on the reservation. Such charter may convey to the incorporated tribe the power to purchase, take by gift, or bequest, or otherwise, own, hold, manage, operate, and dispose of property of every description, real and personal, including the power to purchase restricted Indian lands and to issue in exchange therefor interests in corporate property, and such further powers as may be incidental to the conduct of corporate business, not inconsistent with law, but no authority shall be granted to sell, mortgage, or lease for Revocation. a period exceeding ten years any of the land included in the limits of the reservation. Any charter so issued shall not be revoked or surrendered except by Act of Congress.

2. 1990

   Pub. L. 101–301 § 3(c) · 104 Stat. 206

   1. Substituted · 25 U.S.C. § 5124

      Pub. L. 101–301 substituted “by any tribe” for “by at least one-third of the adult Indians”

   2. Substituted · 25 U.S.C. § 5124

      Pub. L. 101–301 substituted “by the governing body of such tribe” for “at a special election by a majority vote of the adult Indians living on the reservation”

   3. Substituted · 25 U.S.C. § 5124

      Pub. L. 101–301 substituted “twenty-five years any trust or restricted lands” for “ten years any of the land”

   Source evidence

   Code amendment note
   Pub. L. 101–301 substituted “by any tribe” for “by at least one-third of the adult Indians”, “by the governing body of such tribe” for “at a special election by a majority vote of the adult Indians living on the reservation”, and “twenty-five years any trust or restricted lands” for “ten years any of the land”.

   Enacted provision · exact public law section
   (c) Section 17 of the Act of June 18, 1934 (25 U.S.C. 477), is amended— (1) by striking out “by at least one-third of the adult Indians,” and inserting in lieu thereof “by any tribe,”; (2) by striking out “at a special election by a majority vote of the adult Indians living on the reservation” and inserting in lieu thereof “by the governing body of such tribe”; (3) by striking out “ten years any of the land” and inserting in lieu thereof “twenty-five years any trust or restricted lands”.

4 of 4 references resolved to an enrolled provision