The provisions of this Act shall not apply to any of the Territories, colonies, or insular possessions of the United States, except that sections 9, 10, 11, 12, and 16 [25 U.S.C. 5112, 5113, 5115, 5116, 5123] shall apply to the Territory of Alaska: Provided, That sections 4, 7, 16, 17, and 18 of this Act [25 U.S.C. 5107, 5110, 5123, 5124, 5125] shall not apply to the following-named Indian tribes, the members of such Indian tribes, together with members of other tribes affiliated with such named tribes located in the State of Oklahoma, as follows: Cheyenne, Arapaho, Apache, Comanche, Kiowa, Caddo, Delaware, Wichita, Osage, Kaw, Otoe, Tonkawa, Pawnee, Ponca, Shawnee, Ottawa, Quapaw, Seneca, Wyandotte, Iowa, Sac and Fox, Kickapoo, Pottawatomi, Cherokee, Chickasaw, Choctaw, Creek, and Seminole. Section 4 of this Act [25 U.S.C. 5107] shall not apply to the Indians of the Klamath Reservation in Oregon.
Notes of Decisions
Kialegee Tribal Town v. Zinke, 330 F. Supp. 3d 255 (D.C. Cir. 2018).
“See 25 U.S.C. § 5118 . In 1936, Congress passed the Oklahoma Indian Welfare Act of 1936 ("OIWA"), which allowed "any recognized tribe or band of Indians residing in Oklahoma .”
Tasso v. Lucky Star Casino, 2022 OK CIV APP 15 (Okla. Civ. App. 2022).
· cites it 18× “¶17 Claimant first asserts Tribes are prohibited by 25 U.S.C.A. § 5118 from associating with another tribe.”
A+ Gov't. Solutions v. Comptroller (Md. Ct. Spec. App. 2022).
“25 U.S.C. § 5118 . However, in 1936, Congress enacted the OIWA with the intent of expanding the Indian Reorganization Act to include those Oklahoma tribes that were originally excluded.”
State of Alaska v. Newland (D. Alaska 2024).
“§ 13 (codified at 25 U.S.C. § 5118 ). 11 25 U.S.C. § 5123 (g); Act of May 31, 1994, Pub.”
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