25 U.S.C. § 2202
Other applicable provisions
The provisions of section 5108 of this title shall apply to all tribes notwithstanding the provisions of section 5125 of this title: Provided, That nothing in this section is intended to supersede any other provision of Federal law which authorizes, prohibits, or restricts the acquisition of land for Indians with respect to any specific tribe, reservation, or state(s).
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1987–2022 · leading case: Carcieri v. Salazar
Carcieri v. Salazar (2009)
“2517 , overcomes the limitations set forth in §479 and, in turn, authorizes the Secretary’s action. Section 2202 provides: “The provisions of section 465 of this title shall ap ply to all tribes notwithstanding the provisions of sec tion 478 of this title: Provided, That nothing…”
Hodel v. Irving (1987)
“The Secretary's responsibilities in that capacity, however, include the administration of the statute that the appellees claim is unconstitutional, see 25 U. S. C. §§ 2202 , 2209, so that he can hardly be expected to assert appellees' decedents' rights to the extent that they…”
Upstate Citizens for Equality, Inc. v. United States (2016)
“” 25 U.S.C. § 2202 (emphasis added). The ILCA further defines “tribes” as “any Indian tribe, band, group, pueblo, or community for which, or for the members of which, the United States holds lands in trust.”
Stand Up for California! v. U.S. Department of the Interior (2013)
“As the Supreme Court acknowledged in Carcieri , a provision of the Indian Land Consolidation Act, 25 U.S.C. § 2202 , “ensures that tribes may benefit from § 465 even if they opted out of the IRA pursuant to § 478, which allowed tribal members to reject the application of the IRA…”
Big Lagoon Rancheria v. State of California (2014)
“It took the land “in Trust for Big Lagoon Rancheria, a Federally Recognized Indian Rancheria” pursuant to 25 U.S.C. § 2202 . That statute, in turn, is based on 25 U.”
Upstate Citizens for Equality, Inc. v. United States (2016)
“” 25 U.S.C. § 2202 (emphasis added). The ILCA further defines “tribes” as “any Indian tribe, band, group, pueblo, or community for which, or for the members of which, the United States holds lands in trust.”
Stand Up for California! v. U.S. Department of the Interior (2016)
“36 An amendment to the IRA, in a provision of the Indian Land Consolidation Act, codified at 25 U.S.C. § 2202 , later clarified that “[t]he provisions of section 465 of [the IRA] shall apply to all tribes notwithstanding the provisions of section 478 of [the IRA] .”
Stand Up for California! v. U.S. Department of the Interior (2016)
“36 An amendment to the IRA, in a provision of the Indian Land Consolidation Act, codified at 25 U.S.C. § 2202 , later clarified that “[t]he provisions of section 465 of [the IRA] shall apply to all tribes notwithstanding the provisions of section 478 of [the IRA] .”
Upstate Citizens for Equality v. United States (2016)
“” 25 U.S.C. § 2202 (emphasis added). The ILCA further defines “tribes” as “any Indian tribe, band, group, pueblo, or community for which, or for the members of which, the United States holds lands in trust.”
Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation v. Enbridge Energy Company, I (2022)
“In 1982, Congress enacted the Indian Land Consolidation Act, 25 U.S.C. § 2202–2221, to counter past policies strongly encouraging allotment of Reservation lands to individual tribal members, and to assist tribes in acquiring full or fractional ownership on lands within their…”
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