48 U.S.C. § 1451 — Rights of Indians not impaired; boundaries
submitted 43 years ago by Pub. L. 98-213 to r/title-48-TERRITORIES-AND-INSULAR-POSSESSIONS · 134 words · no verdicts yet
Title 23 of the Revised Statutes cannot be read to take away Indian rights that remain protected by treaty or to include treaty-excluded territory without the tribe’s consent. The section also excludes five named areas from its use of “Territory.”
Nothing in title 23 of the Revised Statutes may be interpreted to impair Indian rights in a Territory concerning people or property while a treaty with the United States has not ended those rights. It also may not be interpreted to include territory that a treaty with an Indian tribe excludes from a State’s or Territory’s limits or jurisdiction unless the tribe consents. That land must be left out of the boundaries and is not part of any Territory now or later organized until the tribe tells the President it agrees to be included in a particular Territory. Here, “Territory” does not include the Virgin Islands, Puerto Rico, American Samoa, Guam, or the Northern Mariana Islands.
Nothing in title 23 of the Revised Statutes shall be construed to impair the rights of person or property pertaining to the Indians in any Territory, so long as such rights remain unextinguished by treaty between the United States and such Indians, or to include any Territory which, by treaty with any Indian tribe, is not, without the consent of such tribe, embraced within the territorial limits or jurisdiction of any State or Territory; but all such territory shall be excepted out of the boundaries, and constitute no part of any Territory now or hereafter organized until such tribe signifies its assent to the President to be embraced within a particular Territory. As used herein, the term “Territory” does not include the Virgin Islands, Puerto Rico, American Samoa, Guam, or the Northern Mariana Islands.
Source credit: (R.S. § 1839; Pub. L. 98–213, § 15(a), Dec. 8, 1983, 97 Stat. 1462.)
- 1983Enacted · Pub. L. 98-213 · 97 Stat. 1462
A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-213 on 1983-12-08.
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