25 U.S.C. § 1331
Approval
Notwithstanding any other provision of law, if any application made by an Indian, Indian tribe, Indian council, or any band or group of Indians under any law requiring the approval of the Secretary of the Interior or the Commissioner of Indian Affairs of contracts or agreements relating to the employment of legal counsel (including the choice of counsel and the fixing of fees) by any such Indians, tribe, council, band, or group is neither granted nor denied within ninety days following the making of such application, such approval shall be deemed to have been granted.
Notes of Decisions
Cited in 5
cases, 1978–2004 · leading case: Santa Clara Pueblo v. Martinez, 436 U.S. 49 (1978).
Santa Clara Pueblo v. Martinez, 436 U.S. 49 (1978). “Title V of the ICRA, 25 U. S. C. § 1331 , provides that the Department must act on applications for approval of attorney contracts within 90 days of their submission or the application will be deemed to have been granted.”
Paul v. United States, 20 Cl. Ct. 236 (Ct. Cl. 1990). “” On September 19, 1969, the Department’s Associate Solicitor, Indian Affairs, recommended to the Assistant Secretary, Public Land Management, that immediate action should be taken to disapprove the seven Village Contracts, in order to prevent their approval by operation of law…”
Poodry v. Tonawanda Band of Seneca Indians, 85 F.3d 874 (2d Cir. 1996). “at 80 (codified at 25 U.S.C. § 1331 ). Finally, Title VI required the Secretary of the Interior to revise various federally published materials relating to the rights of Indians.”
D'Onofrio v. Travelers Ins., 662 F. Supp. 872 (E.D. Ark. 1987). “Accordingly, the court finds that it has jurisdiction in this matter pursuant to 25 U.S.C. §§ 1331 and 1441(b), and that the plaintiffs motion for remand should be, and is hereby denied.”
Magiera v. Norton, 108 F. App'x 542 (9th Cir. 2004). “§§ 1331 , 1346(b)(1), 1353, 1361, and 1362; 25 U.S.C. § 1331 ; and the Administrative Procedure Act (“APA”), 5 U.”
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