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25 U.S.C. § 5135 — Mortgages and deeds of trust by individual Indian owners; removal from trust or restricted status; application to Secretary
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The individual Indian owners of any land which either is held by the United States in trust for them or is subject to a restriction against alienation imposed by the United States are authorized, subject to approval by the Secretary of the Interior, to execute a mortgage or deed of trust to such land. Such land shall be subject to foreclosure or sale pursuant to the terms of such mortgage or deed of trust in accordance with the laws of the tribe which has jurisdiction over such land or, in the case where no tribal foreclosure law exists, in accordance with the laws of the State or Territory in which the land is located. For the purpose of any foreclosure or sale proceeding the Indian owners shall be regarded as vested with an unrestricted fee simple title to the land, the United States shall not be a necessary party to the proceeding, and any conveyance of the land pursuant to the proceeding shall divest the United States of title to the land. All mortgages and deeds of trust to such land heretofore approved by the Secretary of the Interior are ratified and confirmed.
**(b)** In the event such land is acquired by an Indian or an Indian tribe, such land shall not be removed from trust or restricted status except upon application to the Secretary under existing law.
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Source file: Laws/federal/codes/united-states-code/title-25/section-5135-mortgages-and-deeds-of-trust-by-individual-indian-owners-removal-from-tr--e4490d49ba.md
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Source location: Title 25, Chapter 45, § 5135; chapter-045-protection-of-indians-and-conservation-of-resources.md
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**(a)** The individual Indian owners of any land which either is held by the United States in trust for them or is subject to a restriction against alienation imposed by the United States are authorized, subject to approval by the Secretary of the Interior, to execute a mortgage or deed of trust to such land. Such land shall be subject to foreclosure or sale pursuant to the terms of such mortgage or deed of trust in accordance with the laws of the tribe which has jurisdiction over such land or, in the case where no tribal foreclosure law exists, in accordance with the laws of the State or Territory in which the land is located. For the purpose of any foreclosure or sale proceeding the Indian owners shall be regarded as vested with an unrestricted fee simple title to the land, the United States shall not be a necessary party to the proceeding, and any conveyance of the land pursuant to the proceeding shall divest the United States of title to the land. All mortgages and deeds of trust to such land heretofore approved by the Secretary of the Interior are ratified and confirmed.
**(b)** In the event such land is acquired by an Indian or an Indian tribe, such land shall not be removed from trust or restricted status except upon application to the Secretary under existing law.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 483a was editorially reclassified as [section 5135 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5135&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 483a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Acquisition by Secretary**
(1) **In general** — The Secretary may acquire, at the discretion of the Secretary and with the consent of the owner, or from an heir during probate in accordance with section 2206(o) of this title and at fair market value, any fractional interest in trust or restricted lands.
(2) **Authority of Secretary** — The Secretary shall submit the report required under [section 2217 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2217&num=0&edition=prelim) concerning how the fractional interest acquisition program should be enhanced to increase the resources made available to Indian tribes and individual Indian landowners.
(3) **Interests held in trust** — Subject to [section 2213 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2213&num=0&edition=prelim), the Secretary shall immediately hold interests acquired under this chapter in trust for the recognized tribal government that exercises jurisdiction over the land involved.
**(b) Requirements** In implementing subsection (a), the Secretary—
(1) shall promote the policies provided for in section 102 of the Indian Land Consolidation Act Amendments of 2000;
(2) may give priority to the acquisition of fractional interests representing 2 percent or less of a parcel of trust or restricted land, especially those interests that would have escheated to a tribe but for the Supreme Court’s decision in Babbitt v. Youpee (117 S 11 So in original. Probably should be followed by a period. Ct. 727 (1997));
(3) to the extent practicable—
(A) shall consult with the tribal government that exercises jurisdiction over the land involved in determining which tracts to acquire on a reservation;
(B) shall coordinate the a
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2212
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Federal law — U.S. Code and appendices · legal_authorities
Page 703
TITLE 25—INDIANS
§ 5135
Act of June 26, 1936, referred to in text, is act June
26, 1936, ch. 831, 49 Stat. 1967, popularly known as the
Oklahoma Welfare Act, which was classified generally
to subchapter VIII (§ 501 et seq.) of chapter 14 of this
title prior to editorial reclassification as chapter 45A
(§ 5201 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 5201 of this title and Tables. Provisions of
the Act relating to the revolving fund appear in section
5206 of this title.
CODIFICATION
Section was formerly classified to section 480 of this
title prior to editorial reclassification and renumbering
as this section.
§ 5133. Revolving fund; loans; regulations
The Secretary of the Interior, or his des-
ignated representative, is authorized, under
such regulations as the Secretary may pre-
scribe, to make loans from the revolving fund
established pursuant to the Acts of June 18, 1934
(48 Stat. 984) [25 U.S.C. 5101 et seq.], and June 26,
1936 (49 Stat. 1967), to tribes, bands, groups, and
individual Indians, not otherwise eligible for
loans under said Acts: Provided, That no portion
of these funds shall be loaned to Indians of less
than one-quarter Indian blood.
(May 7, 1948, ch. 266, 62 Stat. 211.)
Editorial Notes
REFERENCES IN TEXT
Act of June 18, 1934, referred to in text, is act June
18, 1934, ch. 576, 48 Stat. 984, popularly known as the In-
dian Reorganization Act, which is classified generally
to this chapter. Provisions of the Act establishing the
revolving fund are set out in section 5113 of this title.
For complete classification of this Act to the Code, see
Short Title note set out under section 5101 of this title
and Tables.
Act of June 26, 1936, ref
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5135
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