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25 U.S.C. § 5129 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
The term “Indian” as used in this Act shall include all persons of Indian descent who are members of any recognized Indian tribe now under Federal jurisdiction, and all persons who are descendants of such members who were, on June 1, 1934, residing within the present boundaries of any Indian reservation, and shall further include all other persons of one-half or more Indian blood. For the purposes of this Act, Eskimos and other aboriginal peoples of Alaska shall be considered Indians. The term “tribe” wherever used in this Act shall be construed to refer to any Indian tribe, organized band, pueblo, or the Indians residing on one reservation. The words “adult Indians” wherever used in this Act shall be construed to refer to Indians who have attained the age of twenty-one years.
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Source location: Title 25, Chapter 45, § 5129; chapter-045-protection-of-indians-and-conservation-of-resources.md
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The term “Indian” as used in this Act shall include all persons of Indian descent who are members of any recognized Indian tribe now under Federal jurisdiction, and all persons who are descendants of such members who were, on June 1, 1934, residing within the present boundaries of any Indian reservation, and shall further include all other persons of one-half or more Indian blood. For the purposes of this Act, Eskimos and other aboriginal peoples of Alaska shall be considered Indians. The term “tribe” wherever used in this Act shall be construed to refer to any Indian tribe, organized band, pueblo, or the Indians residing on one reservation. The words “adult Indians” wherever used in this Act shall be construed to refer to Indians who have attained the age of twenty-one years.
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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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 479 was editorially reclassified as [section 5129 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5129&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 479
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this chapter—
(1) “Indian tribe” or “tribe” means any Indian tribe, band, group, pueblo, or community for which, or for the members of which, the United States holds lands in trust;
(2) “Indian” means—
(A) any person who is a member of any Indian tribe, is eligible to become a member of any Indian tribe, or is an owner (as of October 27, 2004) of a trust or restricted interest in land;
(B) any person meeting the definition of Indian under the Indian Reorganization Act ([25 U.S.C. 479](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section479&num=0&edition=prelim)) 11 See References in Text note below. and the regulations promulgated thereunder; and
(C) with respect to the inheritance and ownership of trust or restricted land in the State of California pursuant to [section 2206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2206&num=0&edition=prelim), any person described in subparagraph (A) or (B) or any person who owns a trust or restricted interest in a parcel of such land in that State.22 So in original. The period probably should be a semicolon.
(3) “Secretary” means the Secretary of the Interior;
(4)
(i) “trust or restricted lands” means lands, title to which is held by the United States in trust for an Indian tribe or individual, or which is held by an Indian tribe or individual subject to a restriction by the United States against alienation; and (ii) “trust or restricted interest in land” or “trust or restricted interest in a parcel of land” means an interest in land, the title to which interest is held in trust by the United States for an Indian tribe or individual, or which is held by an Indian tribe or individual subject to a restriction by the United States a
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Federal law — U.S. Code and appendices · legal_authorities
Any ten or more Indians, as determined by the official tribal rolls, or Indian descendants of such enrolled members, or Indians as defined in 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.], who reside within the State of Oklahoma in convenient proximity to each other may receive from the Secretary of the Interior a charter as a local cooperative association for any one or more of the following purposes: Credit administration, production, marketing, consumers’ protection, or land management. The provisions of this chapter, the regulations of the Secretary of the Interior, and the charters of the cooperative associations issued pursuant thereto shall govern such cooperative associations: Provided, That in those matters not covered by this chapter, regulations, or charters, the laws of the State of Oklahoma, if applicable, shall govern. In any stock or nonstock cooperative association no one member shall have more than one vote, and membership therein shall be open to all Indians residing within the prescribed district.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) to (d) Omitted**
**(e) Eligible employees; Federal employee programs subject to retention** Notwithstanding the provisions of sections 8347(o), 8713, and 8914 of title 5, executive order, or administrative regulation, an employee serving under an appointment not limited to one year or less who leaves Federal employment to be employed by a tribal organization, the city of St. Paul, Alaska, the city of St. George, Alaska, upon incorporation, or the Village Corporations of St. Paul and St. George Islands established pursuant to [section 1607 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1607&num=0&edition=prelim), in connection with governmental or other activities which are or have been performed by employees in or for Indian communities is entitled, if the employee and the tribal organization so elect, to the following:
(1) To retain coverage, rights, and benefits under subchapter I of chapter 81 (“Compensation for Work Injuries”) of title 5, and for this purpose his employment with the tribal organization shall be deemed employment by the United States. However, if an injured employee, or his dependents in case of his death, receives from the tribal organization any payment (including an allowance, gratuity, payment under an insurance policy for which the premium is wholly paid by the tribal organization, or other benefit of any kind) on account of the same injury or death, the amount of that payment shall be credited against any benefit payable under subchapter I of chapter 81 of title 5, as follows:
(A) payments on account of injury or disability shall be credited against disability compensation payable to the injured employee; and
(B) payments on account of death shall be credited against death compensation pay
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Federal law — U.S. Code and appendices · legal_authorities
Page 701
TITLE 25—INDIANS
§ 5129
reservation’’, and ‘‘twenty-five years any trust or re-
stricted lands’’ for ‘‘ten years any of the land’’.
§ 5125. Acceptance optional
This Act shall not apply to any reservation
wherein a majority of the adult Indians, voting
at a special election duly called by the Sec-
retary of the Interior, shall vote against its ap-
plication. It shall be the duty of the Secretary
of the Interior, within one year after June 18,
1934, to call such an election, which election
shall be held by secret ballot upon thirty days’
notice.
(June 18, 1934, ch. 576, § 18, 48 Stat. 988.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in text, is act June 18, 1934, ch.
576, 48 Stat. 984, popularly known as the Indian Reorga-
nization Act, which is classified generally to this chap-
ter. For complete classification of this Act to the Code,
see Short Title note set out under section 5101 of this
title and Tables.
CODIFICATION
Section was formerly classified to section 478 of this
title prior to editorial reclassification and renumbering
as this section.
Statutory Notes and Related Subsidiaries
EXTENSIONS OF TIME
The time for holding an election under this section
was extended to June 18, 1936, by act June 15, 1935, ch.
260, § 2, 49 Stat. 378.
Act June 15, 1935, ch. 260, § 3, 49 Stat. 378, provided
that the periods of trust or the restrictions on alien-
ation of Indian lands should be extended to Dec. 31,
1936, in case of a vote against the application of sec-
tions 5101 to 5103, 5107 to 5113, 5115, 5116, 5118, 5120, 5121,
5123 to 5125, and 5129 of this title.
§ 5126. Mandatory application of sections 5102
and 5124
Notwithstanding section 5125 of this title, sec-
tions 5102 and 5124 of this title shall apply to—
(1) all Indian
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