25 U.S.C. § 1758
Section 1758 · Extension of Federal recognition and privileges
Amended 1 time on record
Applied in 11 court decisions — leading case State v. Spears (1995)
Most recently applied in Carcieri v. Kempthorne (July 2007)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Notwithstanding any other provision of law, Federal recognition is extended to the Tribe. Except as otherwise provided in this subchapter, all laws and regulations of the United States of general application to Indians or Indian nations, tribes or bands of Indians which are not inconsistent with any specific provision of this subchapter shall be applicable to the Tribe.
The Tribe shall file with the Secretary a copy of its organic governing document and any amendments thereto. Such instrument must be consistent with the terms of this subchapter and the Act to Implement the Settlement of the Mashantucket Pequot Indian Land Claim as enacted by the State of Connecticut and approved June 9, 1982.
Notwithstanding any other provision of law, the Tribe and members of the Tribe shall be eligible for all Federal services and benefits furnished to federally recognized Indian tribes as of October 18, 1983.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Codification
In subsec. (c), “October 18, 1983” substituted for “the date of enactment of this Act”, meaning the date of approval of Pub. L. 98–134.