Talk:Indian Reorganization Act
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[edit] List of terminated tribes
Where can I find a list of the 61 terminated tribes? Perhaps an external link to start? I am completely ignorant on this subject. I am aware that some tribes are not recognized by the US Government. Termination would imply that these groups had some sort of recognition and then were no longer recognized. --Rcollman 20:51, 10 February 2007 (UTC)
[edit] 1
Indian Reorganization Act of 1934, Section 16:
Any Indian tribe, or tribes, residing on the same reservation, shall have the right to organize for its common welfare, and may adopt an appropriate constitution and bylaws, which shall become effective when ratified by a majority vote of the adult members of the tribe, or of the adult Indians residing on such reservation, as the case may be, at a special election authorized by the Secretary of the Interior under such rules and regulations as he may prescribe. Such constitution and bylaws when ratified as aforesaid and approved by the Secretary of the Interior shall be revocable by an election open to the same voters and conducted in the same manner as hereinabove provided. Amendments to the constitution and bylaws may be ratified and approved by the Secretary in the same manner as the original constitution and bylaws.
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, the choice of counsel and fixing of fees to be subject to the approval of the Secretary of the Interior; 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 of the Interior 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 Bureau of the Budget and the Congress.
Indian Reorganization Act of 1934, SECT 16, as amended by:
Native American Technical Corrections Act of 2003, SEC. 103. Tribal Sovereignty:
Section 16 of the Act of June 18, 1934 (25 U.S.C. 476), is amended by adding at the end the following:
- (h) TRIBAL SOVEREIGNTY- Notwithstanding any other provision of this Act--
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- (1) each Indian tribe shall retain inherent sovereign power to adopt governing documents under procedures other than those specified in this section; and
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- (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).
Does anyone know if Section 103 amends Section 16 by removing the required provisions of the constitution or just removes the procedures by which the constitution is ratified or amended? —dnn, 25 Aug 2004
