25 U.S. Code § 5123 - 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—

ratified by a majority vote of the adult members of the tribe or tribes at a special election authorized and called by the (2)

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

within ninety days after receipt of a tribal request for election to ratify an amendment to the constitution and bylaws.

review the final draft of the constitution and bylaws, or amendments thereto to determine if any provision therein is contrary to applicable laws.

After the review provided in paragraph (2) and at least thirty days prior to the calling of the election, the (d) Approval or disapproval by Secretary; enforcement

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 (2)

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 .

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) [1] 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.

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.

each Indian tribe shall retain inherent sovereign power to adopt governing documents under procedures other than those specified in this section; and

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).