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25 U.S.C. § 71Future treaties with Indian tribes

submitted 38 years ago by Pub. L. 100-647 to r/title-25-INDIANS · 150 words · no verdicts yet

in plain englishAI-generated · not legal advice

The United States can no longer make new treaties with Indian nations or tribes as independent powers. Treaties made and ratified before March 3, 1871, stay valid. States cannot tax income from treaty-protected tribal fishing rights if federal law wouldn't tax that income either.

No Indian nation or tribe inside United States territory can be recognized as an independent nation, tribe, or power that the United States can make a treaty with. This rule looks forward only — it does not undo or weaken any treaty obligation that was lawfully made and ratified with an Indian nation or tribe before March 3, 1871. Those older treaties, along with any Executive orders and Acts of Congress that secure an Indian tribe's fishing rights, must be read to block something else too: a state or local government cannot tax income earned from exercising those treaty-protected fishing rights, if section 7873 of title 26 would not let the federal government impose a similar tax on that same income.
the actual law source: uscode.house.gov ↗public domain

No Indian nation or tribe within the territory of the United States shall be acknowledged or recognized as an independent nation, tribe, or power with whom the United States may contract by treaty; but no obligation of any treaty lawfully made and ratified with any such Indian nation or tribe prior to March 3, 1871, shall be hereby invalidated or impaired. Such treaties, and any Executive orders and Acts of Congress under which the rights of any Indian tribe to fish are secured, shall be construed to prohibit (in addition to any other prohibition) the imposition under any law of a State or political subdivision thereof of any tax on any income derived from the exercise of rights to fish secured by such treaty, Executive order, or Act of Congress if section 7873 of title 26 does not permit a like Federal tax to be imposed on such income.

Source credit: (R.S. § 2079; Pub. L. 100–647, title III, § 3042, Nov. 10, 1988, 102 Stat. 3641.)

history & why it existsrecord from the source credit
  • 1988Enacted · Pub. L. 100-647 · 102 Stat. 3641

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-647 on 1988-11-10.

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