Federal Acknowledgment Administrative Procedures Act of 1989: Hearing Before the Select Committee on Indian Affairs, United States Senate, One Hundred First Congress, First Session, on S. 611, to Establish Administrative Procedures to Determine the Status of Certain Indian Groups

U.S. Government Printing Office, 1989
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Side 209 - Its common welfare, and may adopt an appropriate constitution and bylaws, which shall become effective when ratified by a majority vote of the adult members of the tribe, or...
Side 119 - Of course, it is not meant by this that Congress may bring a community or body of people within the range of this power by arbitrarily calling them an Indian tribe, but only that in respect of distinctly Indian communities the questions whether, to what extent, and for what time they shall be recognized and dealt with as dependent tribes requiring the guardianship and protection of the United States are to be determined by Congress, and not by the courts.
Side 198 - Act, all statutes of the United States which affect Indians because of their status as Indians shall no longer be applicable to the members of the tribe, and the laws of the several States shall apply to the tribe and its members in the same manner as they apply to other citizens or persons within their jurisdiction.
Side 206 - It is for [Congress] . . . , and not for the courts, to determine when the true interests of the Indian require his release from [the] condition of tutelage' . . . , it is not meant by this that Congress may bring a community or body of people within the range of this power by arbitrarily calling them an Indian tribe. . . ." United States v. Sandoval, 231 US 28, 46. Able to discern what is "distinctly Indian," ibid., the courts will strike down any heedless extension of that label.
Side 143 - Evidence that a substantial portion of the petitioning group inhabits a specific area or lives in a community viewed as American Indian and distinct from other populations in the area, and that its members are descendants of an Indian tribe Cite a. 703 VM 502 (Arlz.App. 1983) which historically inhabited a specific area.
Side 109 - This general rule is demanded by the very object for which civil courts have been established, which is to secure the peace and repose of society by the settlement of matters capable of judicial determination.
Side 116 - Indian tribe is a body of Indians of the same or similar race, united in a community under one leadership or government, and inhabiting a particular though sometimes ill defined territory.
Side 209 - Indians residing on such reservation, as the case may be, at a special election authorized and called by the Secretary of the Interior under such rules and regulations as he may prescribe.
Side 108 - ... not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purESTOPPEL (continued).
Side 153 - ... (a) A statement of facts establishing that the petitioner has been identified from historical times until the present on a substantially continuous basis, as "American Indian,

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