§5128 — Title 25 Indians | U.S. Code

Summary

If an Indian reservation voted, or could vote, to remove itself from the Act of June 18, 1934 (48 Stat. 984), then any laws and treaty terms that applied to that reservation are considered to have stayed in effect despite that Act. If a tribe voted to be covered by the Act of June 18, 1934, nothing in that Act can be read to take away or weaken rights guaranteed by an existing treaty with that tribe.

Title 25, §5128

Indians — Source: USLM XML via OLRC

All laws, general and special, and all treaty provisions affecting any Indian reservation which has voted or may vote to exclude itself from the application of the Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 5101 et seq.], shall be deemed to have been continuously effective as to such reservation, notwithstanding the passage of said Act of June 18, 1934. Nothing in the Act of June 18, 1934, shall be construed to abrogate or impair any rights guaranteed under any existing treaty with any Indian tribe, where such tribe voted not to exclude itself from the application of said Act.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Act of

June 18, 1934, referred to in text, is act

June 18, 1934, ch. 576, 48 Stat. 984, popularly known as the Indian Reorganization Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 5101 of this title and Tables. Codification Section was formerly classified to section 478b of this title prior to editorial reclassification and renumbering as this section.

§5128 Application of laws and treaties