Title 25, IndiansRelease 119-102
§5128 Application of Laws and Treaties
Title 25 › CHAPTER 45 — PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES › § 5128
Summary
Laws and treaty rules that applied to a reservation that voted or might vote to opt out of the Act of June 18, 1934 must keep applying to that reservation even after the Act took effect. If a tribe voted not to opt out, the Act does not cancel or weaken any treaty rights the tribe already had.
Full Legal Text
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.
Legislative History
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.
Reference
Citations & Metadata
Citation
25 U.S.C. § 5128
Title 25, Indians
Last Updated
Aug 21, 2026
Release point: 119-102