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2026-07-06 10:51:44 -04:00

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LegalText 25 U.S.C. § 71 Future treaties with Indian tribes us united_states_code code_section 25 INDIANS 3 AGREEMENTS WITH INDIANS 71 25 U.S.C. § 71 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc25@119-100.zip /us/usc/t25/s71 data/legal/raw/us/code/title-25/usc25.xml d1ed2b25fdc4d8fad82e907510a1191d62fd913aec65c3a6add99031018f5059 d4661d83bff6862be548ac8e843ba61e942ed983aade7cf83cb7dbc3dcd08168 21937b0452f9252cdba245ff846bc342aaa5a600313cff0d2e8f403b7ffed7d4 2026-07-04 official
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25 U.S.C. § 71 - Future treaties with Indian tribes

Text

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.

(R.S. § 2079; Pub. L. 100647, title III, § 3042, Nov. 10, 1988, 102 Stat. 3641.)

Notes

Editorial Notes

Codification R.S. § 2079 derived from act Mar. 3, 1871, ch. 120, § 1, 16 Stat. 566.

Amendments1988—Pub. L. 100647 inserted sentence at end relating to State tax treatment of income derived by Indians from exercise of fishing rights secured by treaties, Executive orders, or Acts of Congress.

Statutory Notes and Related Subsidiaries

Effective Date of 1988 AmendmentAmendment by Pub. L. 100647 applicable to all periods beginning before, on, or after Nov. 10, 1988, with no inference created as to existence or nonexistence or scope of any income tax exemption derived from fishing rights secured as of Mar. 17, 1988, by any treaty, law, or Executive order, see section 3044 of Pub. L. 100647, set out as an Effective Date note under section 7873 of Title 26, Internal Revenue Code.

Short Title of 2022 AmendmentPub. L. 117317, § 1, Dec. 27, 2022, 136 Stat. 4419, provided that: “This Act [repealing sections 72, 127 to 130, 137, 138, 273, 283, 285, and 302 of this title] may be cited as the Repealing Existing Substandard Provisions Encouraging Conciliation with Tribes Act or the RESPECT Act.”

Short Title of 2000 AmendmentPub. L. 106179, § 1, Mar. 14, 2000, 114 Stat. 46, provided that: “This Act [amending sections 81 and 476 of this title] may be cited as the Indian Tribal Economic Development and Contract Encouragement Act of 2000.”