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25 U.S.C. § 5108 — Acquisition of lands, water rights or surface rights; appropriation; title to lands; tax exemption
Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Interior is authorized, in his discretion, to acquire, through purchase, relinquishment, gift, exchange, or assignment, any interest in lands, water rights, or surface rights to lands, within or without existing reservations, including trust or otherwise restricted allotments, whether the allottee be living or deceased, for the purpose of providing land for Indians.
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Stable record: federal_law:legal_authorities:record_usc_73e4b97912d9d65f1ff79840
Source file: Laws/federal/codes/united-states-code/title-25/section-5108-acquisition-of-lands-water-rights-or-surface-rights-appropriation-title--a673cb661f.md
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Source location: Title 25, Chapter 45, § 5108; chapter-045-protection-of-indians-and-conservation-of-resources.md
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The Secretary of the Interior is authorized, in his discretion, to acquire, through purchase, relinquishment, gift, exchange, or assignment, any interest in lands, water rights, or surface rights to lands, within or without existing reservations, including trust or otherwise restricted allotments, whether the allottee be living or deceased, for the purpose of providing land for Indians.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, act July 28, 1955, ch. 423, § 1, 69 Stat. 392; Pub. L. 88–540, § 1, Aug. 31, 1964, 78 Stat. 747; Pub. L. 100–581, title II, § 213, Nov. 1, 1988, 102 Stat. 2941; Pub. L. 101–301, § 1(a)(3), (b), May 24, 1990, 104 Stat. 206, which related to the purchase, sale, and exchange of land, was omitted from the Code as being of special and not general application.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 608
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 465 was editorially reclassified as [section 5108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5108&num=0&edition=prelim).
#### Payson Band, Yavapai-Apache Indian Reservation
Pub. L. 92–470, Oct. 6, 1972, 86 Stat. 783, which recognized the Payson Community of Yavapai-Apache Indians as a tribe and provided for the establishment of a reservation for the use and benefit of the tribe, was omitted from the Code as being of special and not general application.
#### Rocky Boy’s Indian Reservation
Pub. L. 85–773, Aug. 27, 1958, 72 Stat. 931, which designated certain lands for the exclusive use of the members of the Chippewa Cree Tribe of the Rocky Boy’s Reservation, Montana, was omitted from the Code as being of special and not general application.
#### Seminole Indian Reservation
Act July 20, 1956, ch. 645, 70 Stat. 581, which transferred to the Seminole Tribe equitable title to certain lands and provided for such lands to be held by the United States in trust for the tribe, was omitted from the Code as being of special and not general application.
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Federal law — U.S. Code and appendices · legal_authorities
On and after June 18, 1934, no land of any Indian reservation, created or set apart by treaty or agreement with the Indians, Act of Congress, Executive order, purchase, or otherwise, shall be allotted in severalty to any Indian.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5101
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Federal law — U.S. Code and appendices · legal_authorities
The provisions of [section 5108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5108&num=0&edition=prelim) shall apply to all tribes notwithstanding the provisions of [section 5125 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5125&num=0&edition=prelim): Provided, That nothing in this section is intended to supersede any other provision of Federal law which authorizes, prohibits, or restricts the acquisition of land for Indians with respect to any specific tribe, reservation, or state(s).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2202
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of carrying into effect the land-purchase provision of this Act, the Secretary of the Interior is authorized to use so much as may be necessary of any funds heretofore or hereafter appropriated pursuant to [section 5108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5108&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5106
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Federal law — U.S. Code and appendices · legal_authorities
In all suits now pending in the United States Court of Federal Claims by an Indian tribe or band which have not been tried or submitted, and in any suit hereafter filed in the United States Court of Federal Claims by any such tribe or band, the United States Court of Federal Claims is directed to consider and to offset against any amount found due the said tribe or band all sums expended gratuitously by the United States for the benefit of the said tribe or band; and in all cases now pending or hereafter filed in the United States Court of Federal Claims in which an Indian tribe or band is party plaintiff, wherein the duty of the court is merely to report its findings of fact and conclusions to Congress, the said United States Court of Federal Claims is directed to include in its report a statement of the amount of money which has been expended by the United States gratuitously for the benefit of the said tribe or band: Provided, That expenditures made prior to the date of the law, treaty, agreement, or Executive order under which the claims arise shall not be offset against the claims or claim asserted; and expenditures under the Act of June 18, 1934 (48 Stat. L. 984) [[25 U.S.C. 5101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5101&num=0&edition=prelim) et seq.], except expenditures under appropriations made pursuant to section 5 of such Act [[25 U.S.C. 5108](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5108&num=0&edition=prelim)], shall not be charged as offsets against any claim on behalf of an Indian tribe or tribes now pending in the United States Court of Federal Claims or hereafter filed: Provided further, That funds appropriated and expended from tribal funds shall not be construed as gratuities; a
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Federal law — U.S. Code and appendices · legal_authorities
Page 694
TITLE 25—INDIANS
§ 5108
1 See References in Text note below.
§ 5108. Acquisition of lands, water rights or sur-
face rights; appropriation; title to lands; tax
exemption
The Secretary of the Interior is authorized, in
his discretion, to acquire, through purchase, re-
linquishment, gift, exchange, or assignment,
any interest in lands, water rights, or surface
rights to lands, within or without existing res-
ervations, including trust or otherwise re-
stricted allotments, whether the allottee be liv-
ing or deceased, for the purpose of providing
land for Indians.
For the acquisition of such lands, interests in
lands, water rights, and surface rights, and for
expenses incident to such acquisition, there is
authorized to be appropriated, out of any funds
in the Treasury not otherwise appropriated, a
sum not to exceed $2,000,000 in any one fiscal
year: Provided, That no part of such funds shall
be used to acquire additional land outside of the
exterior boundaries of Navajo Indian Reserva-
tion for the Navajo Indians in Arizona, nor in
New Mexico, in the event that legislation to de-
fine the exterior boundaries of the Navajo In-
dian Reservation in New Mexico, and for other
purposes, or similar legislation, becomes law.
The unexpended balances of any appropria-
tions made pursuant to this section shall remain
available until expended.
Title to any lands or rights acquired pursuant
to this Act or the Act of July 28, 1955 (69 Stat.
392), as amended (25 U.S.C. 608 et seq.) 1 shall be
taken in the name of the United States in trust
for the Indian tribe or individual Indian for
which the land is acquired, and such lands or
rights shall be exempt from State and local tax-
ation.
(June 18, 1934, ch. 576, § 5, 48 Stat. 985; Pub. L.
100–581, titl
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5108
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