25 U.S.C. § 163
Roll of membership of Indian tribes
The Secretary of the Interior is authorized, wherever in his discretion such action would be for the best interest of the Indians, to cause a final roll to be made of the membership of any Indian tribe; such rolls shall contain the ages and quantum of Indian blood, and when approved by the said Secretary are declared to constitute the legal membership of the respective tribes for the purpose of segregating the tribal funds as provided in section 162 1
Notes of Decisions
Cited in 15
cases, 1957–1998 · leading case: Ordinance 59 Ass'n v. Babbitt
Ordinance 59 Ass'n v. Babbitt (1997)
“Finally, the fifth claim alleges that the Federal Defendants are liable to the plaintiff and its members for having violated 25 U.S.C. § 163 , which gives the Secretary of the Interior discretionary authority to cause a final roll to be made of a Tribe’s membership.”
Ollestead v. Native Village of Tyonek (1977)
“25 U.S.C. § 163 authorizes the Secretary of the Interior, in his discretion, to prepare a final roll of the Tyonek tribe, which, when approved by him, constitutes the legal membership of the tribe for the purposes of segregating tribal funds.”
Ordinance 59 Ass'n v. United States Department of the Interior Secretary (1998)
“The Association claims jurisdiction and a cause of action against the Secretary and the BIA may be found in 25 U.S.C. § 163 . That section provides: The Secretary of the Interior is authorized, wherever in his discretion such action would be for the best interest of the Indians,…”
In the Matter of Adoption of Crews (1991)
“In the absence of express congressional legislation, a tribe has complete authority to determine all questions of its own membership, as a political entity, and the Secretary of the Interior is authorized to create a final roll of membership for any tribe, pursuant to 25 U.S.C.…”
Mary Martinez v. Southern Ute Tribe, a Corporation (1960)
“Lack of diversity of citizenship is conceded and it was alleged that the controversy “arises under the laws of the United States, including 25 U.S.C. § 163 and § 676,” and federal jurisdiction is asserted pursuant to the provisions of 28 U.”
Martinez v. Southern Ute Tribe of Southern Ute Reservation (1957)
“Although plaintiff’s mother was not an Indian, plaintiff was accepted and recognized as a member of the tribe and was enrolled as a member under the provisions of 25 U.S.C.A. § 163 . The tribe by vote accepted the provisions of 25 U.”
Poodry v. Tonawanda Band of Seneca Indians (1996)
“25 U.S.C. § 163 . B. Tribal Powers. I therefore conclude that the only restriction claimed by petitioners that could remotely be deemed to support habeas relief is the deprivation of their right to live in and among the Tonawanda nation (and the threat that this exclusion will…”
Simmons v. Eagle Seelatsee (1965)
“9 , ( 25 U.S.C. § 163 ). The Act of May 25, 1918, 40 Stat.”
Prairie Band of Potawatomi Indians v. United States (1958)
“183 ; 25 U.S.C.A. § 163 . Cohen, Handbook of Federal Indian Law 98.”
Prairie Band of the Pottawatomie Tribe of Indians v. Udall (1966)
“Under the provisions of 25 U.S.C. § 163 , 1 the Secretary of Interior has approved this resolution concerning creation of a tribal membership roll.”
Marie Cleghorn Fondahn v. Native Village of Tyonek, Etc. (1971)
“2 25 U.S.C. § 163 3 authorizes the Secretary of the Interior, in his discretion, to prepare a final roll of the Tyonek tribe, which, when approved by him, constir tutes the legal membership of the tribe for the purposes of segregating tribal funds.”
SAC & Fox Tribe of Indians v. Andrus (1981)
“This action was in accordance with 25 U.S.C. § 163 which in part provides: “The Secretary of the Interior is authorized, wherever in his discretion such action would be for the best interest of the Indians, to cause a final roll to be made of the membership of any Indian tribe;…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.