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25 U.S.C. § 5203 — Organization of tribes or bands; constitution; charter; right to participate in revolving credit fund
Federal law — U.S. Code and appendices · legal_authorities
Any recognized tribe or band of Indians residing in Oklahoma shall have the right to organize for its common welfare and to adopt a constitution and bylaws, under such rules and regulations as the Secretary of the Interior may prescribe. The Secretary of the Interior may issue to any such organized group a charter of incorporation, which shall become operative when ratified by a majority vote of the adult members of the organization voting: Provided, however, That such election shall be void unless the total vote cast be at least 30 per centum of those entitled to vote. Such charter may convey to the incorporated group, in addition to any powers which may properly be vested in a body corporate under the laws of the State of Oklahoma, the right to participate in the revolving credit fund and to enjoy any other rights or privileges secured to an organized Indian tribe under the Act of June 18, 1934 (48 Stat. 984) [[25 U.S.C. 5101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5101&num=0&edition=prelim) et seq.]: Provided, That the corporate funds of any such chartered group may be deposited in any national bank within the State of Oklahoma or otherwise invested, utilized, or disbursed in accordance with the terms of the corporate charter.
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Stable record: federal_law:legal_authorities:record_usc_823458dc01d92a886432d123
Source file: Laws/federal/codes/united-states-code/title-25/section-5203-organization-of-tribes-or-bands-constitution-charter-right-to-participat--081203752d.md
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Passage SHA-256: 36852442683552457b4fd1d04c28aa4801222f083f4418874f4b40f5ddb861a6
Source location: Title 25, Chapter 45A, § 5203; chapter-45a-oklahoma-indian-welfare.md
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Any recognized tribe or band of Indians residing in Oklahoma shall have the right to organize for its common welfare and to adopt a constitution and bylaws, under such rules and regulations as the Secretary of the Interior may prescribe. The Secretary of the Interior may issue to any such organized group a charter of incorporation, which shall become operative when ratified by a majority vote of the adult members of the organization voting: Provided, however, That such election shall be void unless the total vote cast be at least 30 per centum of those entitled to vote. Such charter may convey to the incorporated group, in addition to any powers which may properly be vested in a body corporate under the laws of the State of Oklahoma, the right to participate in the revolving credit fund and to enjoy any other rights or privileges secured to an organized Indian tribe under the Act of June 18, 1934 (48 Stat. 984) [[25 U.S.C. 5101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5101&num=0&edition=prelim) et seq.]: Provided, That the corporate funds of any such chartered group may be deposited in any national bank within the State of Oklahoma or otherwise invested, utilized, or disbursed in accordance with the terms of the corporate charter.
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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
### Statutory Notes
#### Codification
Section 503 was editorially reclassified as [section 5203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5203&num=0&edition=prelim).
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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
Page 691
TITLE 25—INDIANS
§ 5103
Sec.
5116.
Standards for Indians appointed to In-
dian Office.
5117.
Indian preference laws applicable to Bu-
reau of Indian Affairs and Indian
Health Service positions.
5118.
Application generally.
5119.
Application to Alaska.
5120.
Continuation of allowances.
5121.
Claims or suits of Indian tribes against
United States; rights unimpaired.
5122.
Offsets of gratuities.
5123.
Organization of Indian tribes; constitu-
tion and bylaws and amendment there-
of; special election.
5124.
Incorporation of Indian tribes; charter;
ratification by election.
5125.
Acceptance optional.
5126.
Mandatory application of sections 5102
and 5124.
5127.
Procedure.
5128.
Application of laws and treaties.
5129.
Definitions.
5130.
Definitions.
5131.
Publication of list of recognized tribes.
5132.
Indians eligible for loans.
5133.
Revolving fund; loans; regulations.
5134.
Sale of land by individual Indian owners.
5135.
Mortgages and deeds of trust by indi-
vidual Indian owners; removal from
trust or restricted status; application
to Secretary.
5136.
Loans to purchasers of highly fractioned
land.
5137.
Removal of duplicative appraisals.
5138.
Title in trust to United States.
5139.
Tribal rights and privileges in connec-
tion with loans.
5140.
Mortgaged property governed by State
law.
5141.
Interest rates and taxes.
5142.
Reduction of unpaid principal.
5143.
Authorization of appropriations.
5144.
Certification of rental proceeds.
§ 5101. Allotment of land on Indian reservations
On and after June 18, 1934, no land of any In-
dian 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
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5101
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Federal law — U.S. Code and appendices · legal_authorities
Page 707
TITLE 25—INDIANS
§ 5205
any other Indian or Indians of the same or any
other tribe, at a fair valuation to be fixed by the
appraisement satisfactory to the Indian owner
or owners, or if offered for sale at auction said
Secretary shall have a preference right, in his
discretion, to purchase the same for or in behalf
of any other Indian or Indians by meeting the
highest bid otherwise offered therefor.
The preference right of the Secretary to pur-
chase shall be considered as waived where notice
of the pendency of sale is given in writing to the
Superintendent of the Five Civilized Tribes for
at least ten days prior to the date of sale and
the Secretary does not within that time exercise
the preferential right to purchase.
(June 26, 1936, ch. 831, § 2, 49 Stat. 1967; Aug. 4,
1947, ch. 458, § 10, 61 Stat. 734.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 502 of this
title prior to editorial reclassification and renumbering
as this section.
AMENDMENTS
1947—Act Aug. 4, 1947, added second paragraph.
§ 5203. Organization of tribes or bands; constitu-
tion; charter; right to participate in revolv-
ing credit fund
Any recognized tribe or band of Indians resid-
ing in Oklahoma shall have the right to organize
for its common welfare and to adopt a constitu-
tion and bylaws, under such rules and regula-
tions as the Secretary of the Interior may pre-
scribe. The Secretary of the Interior may issue
to any such organized group a charter of incor-
poration, which shall become operative when
ratified by a majority vote of the adult members
of the organization voting: Provided, however,
That such election shall be void unless the total
vote cast be at least 30 per centum of those enti-
tled to vote. Such charter may convey
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5203
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