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U.S. Code as of:
01/19/04
Section 476. 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
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.
(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
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.
(f) Privileges and immunities of Indian tribes; prohibition on new
regulations
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) 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.
(g) Privileges and immunities of Indian tribes; existing
regulations
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.
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