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25 U.S.C. § 5124 — Incorporation of Indian tribes; charter; ratification by election
Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Interior may, upon petition by any tribe, issue a charter of incorporation to such tribe: Provided, That such charter shall not become operative until ratified by the governing body of such tribe. Such charter may convey to the incorporated tribe the power to purchase, take by gift, or bequest, or otherwise, own, hold, manage, operate, and dispose of property of every description, real and personal, including the power to purchase restricted Indian lands and to issue in exchange therefor interests in corporate property, and such further powers as may be incidental to the conduct of corporate business, not inconsistent with law; but no authority shall be granted to sell, mortgage, or lease for a period exceeding twenty-five years any trust or restricted lands included in the limits of the reservation. Any charter so issued shall not be revoked or surrendered except by Act of Congress.
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Stable record: federal_law:legal_authorities:record_usc_7b467ee759f4580afc57ef06
Source file: Laws/federal/codes/united-states-code/title-25/section-5124-incorporation-of-indian-tribes-charter-ratification-by-election--edd703df7d.md
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Source location: Title 25, Chapter 45, § 5124; chapter-045-protection-of-indians-and-conservation-of-resources.md
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The Secretary of the Interior may, upon petition by any tribe, issue a charter of incorporation to such tribe: Provided, That such charter shall not become operative until ratified by the governing body of such tribe. Such charter may convey to the incorporated tribe the power to purchase, take by gift, or bequest, or otherwise, own, hold, manage, operate, and dispose of property of every description, real and personal, including the power to purchase restricted Indian lands and to issue in exchange therefor interests in corporate property, and such further powers as may be incidental to the conduct of corporate business, not inconsistent with law; but no authority shall be granted to sell, mortgage, or lease for a period exceeding twenty-five years any trust or restricted lands included in the limits of the reservation. Any charter so issued shall not be revoked or surrendered except by Act of Congress.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 477 was editorially reclassified as [section 5124 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5124&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 477
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary of Agriculture, in coordination with the Secretary of the Interior and the Secretary of Commerce, shall describe and define forest ecosystems that are eligible for enrollment in the healthy forests reserve program.
**(b) Eligibility** To be eligible for enrollment in the healthy forests reserve program, land shall be private forest land, or private land being restored to forest land, the enrollment of which will maintain, restore, enhance, or otherwise measurably—
(1) increase the likelihood of recovery of a species that is listed as endangered or threatened under [section 1533 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1533&num=0&edition=prelim); or
(2) improve the well-being of a species that—
(A) is—
(i) not listed as endangered or threatened under such section; and
(ii) a candidate for such listing, a State-listed species, or a special concern species; or
(B) is deemed a species of greatest conservation need by a State wildlife action plan.
**(c) Other considerations** In enrolling land that satisfies the criteria under subsection (b), the Secretary of Agriculture shall give additional consideration to land the enrollment of which will—
(1) improve biological diversity;
(2) conserve forest land that provides habitat for species described in subsection (b); and
(3) increase carbon sequestration.
**(d) Enrollment by willing owners** The Secretary of Agriculture shall enroll land in the healthy forests reserve program only with the consent of the owner of the land.
**(e) Methods of enrollment**
(1) **Authorized methods** — Land may be enrolled in the healthy forests reserve program in accordance with—
(A) a 10-year cost-share agreement;
(B) a 30-year easemen
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 6574
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) The term “Director” means the Director of the Office of Indian Energy Policy and Programs, Department of Energy.
(2) The term “Indian land” means—
(A) any land located within the boundaries of an Indian reservation, pueblo, or rancheria;
(B) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held—
(i) in trust by the United States for the benefit of an Indian tribe or an individual Indian;
(ii) by an Indian tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or
(iii) by a dependent Indian community;
(C) land that is owned by an Indian tribe and was conveyed by the United States to a Native Corporation pursuant to the Alaska Native Claims Settlement Act ([43 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) et seq.), or that was conveyed by the United States to a Native Corporation in exchange for such land;
(D) any land located in a census tract in which the majority of residents are Natives (as defined in section 3(b) of the Alaska Native Claims Settlement Act ([43 U.S.C. 1602(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1602/b&num=0&edition=prelim))); and
(E) any land located in a census tract in which the majority of residents are persons who are enrolled members of a federally recognized Tribe or village.
(3) The term “Indian reservation” includes—
(A) an Indian reservation in existence in any State or States as of August 8, 2005;
(B) a public domain Indian allotment; and
(C) a dependent Indian community located within the borders of the United States, regardless of whether the community is
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3501
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary of Agriculture is authorized to make direct loans in a manner consistent with direct loans pursuant to subtitle D of the Consolidated Farm and Rural Development Act ([7 U.S.C. 1981](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1981&num=0&edition=prelim) et seq.), to any Indian tribe recognized by the Secretary of the Interior or tribal corporation established pursuant to the Indian Reorganization Act ([25 U.S.C. 477](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section477&num=0&edition=prelim)),11 See References in Text note below. which does not have adequate uncommitted funds, to acquire lands or interests therein within the tribe’s reservation as determined by the Secretary of the Interior, or within a community in Alaska incorporated by the Secretary pursuant to the Indian Reorganization Act [[25 U.S.C. 5101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5101&num=0&edition=prelim) et seq.], for use of the tribe or the corporation or the members of either. Such loans shall be limited to such Indian tribes or tribal corporations as have reasonable prospects of success in their proposed operations and as are unable to obtain sufficient credit elsewhere at reasonable rates and terms to finance the purposes authorized in sections 5136 to 5143 of this title.
**(b) Highly fractionated land**
(1) **In general** — Subject to paragraph (2), the Secretary of Agriculture may make and insure loans in accordance with [section 1929 of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1929&num=0&edition=prelim) to eligible purchasers of highly fractionated land or to intermediaries in order to establish revolving loan funds for the
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5136
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Federal law — U.S. Code and appendices · legal_authorities
Page 700
TITLE 25—INDIANS
§ 5124
1 See References in Text note below.
any decision or determination pursuant to the
Act of June 18, 1934 (25 U.S.C. 461 et seq., 48 Stat.
984) 1 as amended, or any other Act of Congress,
with respect to a federally recognized Indian
tribe that classifies, enhances, or diminishes the
privileges and immunities available to the In-
dian tribe relative to other federally recognized
tribes by virtue of their status as Indian tribes.
(g) Privileges and immunities of Indian tribes;
existing regulations
Any regulation or administrative decision or
determination of a department or agency of the
United States that is in existence or effect on
May 31, 1994, and that classifies, enhances, or di-
minishes the privileges and immunities avail-
able to a federally recognized Indian tribe rel-
ative to the privileges and immunities available
to other federally recognized tribes by virtue of
their status as Indian tribes shall have no force
or effect.
(h) Tribal sovereignty
Notwithstanding any other provision of this
Act—
(1) each Indian tribe shall retain inherent
sovereign power to adopt governing documents
under procedures other than those specified in
this section; and
(2) nothing in this Act invalidates any con-
stitution or other governing document adopt-
ed by an Indian tribe after June 18, 1934, in ac-
cordance with the authority described in para-
graph (1).
(June 18, 1934, ch. 576, § 16, 48 Stat. 987; Pub. L.
100–581, title I, § 101, Nov. 1, 1988, 102 Stat. 2938;
Pub. L. 103–263, § 5(b), May 31, 1994, 108 Stat. 709;
Pub. L. 106–179, § 3, Mar. 14, 2000, 114 Stat. 47;
Pub. L. 108–204, title I, § 103, Mar. 2, 2004, 118
Stat. 543.)
Editorial Notes
REFERENCES IN TEXT
Act of June 18, 1934 (25 U.S.C. 461 et seq., 48 Stat.
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5124
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