No Indian nation or tribe within the territory of the United States shall be acknowledged or recognized as an independent nation, tribe, or power with whom the United States may contract by treaty; but no obligation of any treaty lawfully made and ratified with any such Indian nation or tribe prior to March 3, 1871, shall be hereby invalidated or impaired. Such treaties, and any Executive orders and Acts of Congress under which the rights of any Indian tribe to fish are secured, shall be construed to prohibit (in addition to any other prohibition) the imposition under any law of a State or political subdivision thereof of any tax on any income derived from the exercise of rights to fish secured by such treaty, Executive order, or Act of Congress if section 7873 of title 26 does not permit a like Federal tax to be imposed on such income.
Notes of Decisions
Michael Wang v. Robert Masaitis, U.S. Marshal, 416 F.3d 992 (9th Cir. 2005).
· cites it 6× “§ 71 Wang also argues that the 1871 implementation of 25 U.S.C. § 71 , 8 which prohibits future contracts “by treaty” with Indian nations (without invalidating or impairing prior treaties), demonstrates that the Congress and President interpreted the term “treaty” only as an…”
Haaland v. Brackeen, 599 U.S. 255 (2023).
· cites it 2× “566 , codifed at 25 U. S. C. § 71 ; but see United States v.”
Antoine v. Washington, 420 U.S. 194 (1975).
· cites it 4× “544 , 566, now codified as 25 U. S. C. § 71 , provides: "No Indian nation or tribe within the territory of the United States shall be acknowledged or recognized as an independent nation, tribe, or power with whom the United States may contract by treaty; but no obligation of any…”
Mackinac Tribe v. Sally Jewell, 829 F.3d 754 (D.C. Cir. 2016).
· cites it 2× “See 25 U.S.C. § 71 . 4 In 1934, Congress codified its treatment of Indian tribes through the IRA.”
United States v. Lara, 124 S. Ct. 1628 (2004).
· cites it 4× “25 U.S.C. § 71 (stating that tribes are not entities “with whom the United States may contract by treaty”).”
Cayuga Nation v. Howard Tanner, 6 F.4th 361 (2d Cir. 2021).
“at 566 , codified at 25 U.S.C. § 71 . The conclusion of the treaty era marked the beginning of the allotment era, which saw a shift in federal policy from forced segregation to forced assimilation of Native Americans, culminating in the passage of the General Allotment Act of…”
Merrion v. Jicarilla Apache Tribe, 455 U.S. 130 (1982).
“566 , current version at 25 U. S. C. § 71 . The entire Executive Order reads as follows: “EXECUTIVE MANSION, FEBRUARY 11, 1887.”
Organized Vill. of Kake v. Egan, 369 U.S. 60 (1962).
· cites it 2× “544 , 566, 25 U. S. C. § 71 . In 1887 Congress passed the General Allotment Act, 24 Stat.”
Haaland v. Brackeen, 599 U.S. 255 (2023).
· cites it 2× “566 , codified at 25 U. S. C. §71 ; but see United 18 HAALAND v.”
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