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25 U.S.C. § 5118 — Application generally
Federal law — U.S. Code and appendices · legal_authorities
The provisions of this Act shall not apply to any of the Territories, colonies, or insular possessions of the United States, except that sections 9, 10, 11, 12, and 16 [[25 U.S.C. 5112](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5112&num=0&edition=prelim), 5113, 5115, 5116, 5123] shall apply to the Territory of Alaska: Provided, That sections 4, 7, 16, 17, and 18 of this Act [[25 U.S.C. 5107](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5107&num=0&edition=prelim), 5110, 5123, 5124, 5125] shall not apply to the following-named Indian tribes, the members of such Indian tribes, together with members of other tribes affiliated with such named tribes located in the State of Oklahoma, as follows: Cheyenne, Arapaho, Apache, Comanche, Kiowa, Caddo, Delaware, Wichita, Osage, Kaw, Otoe, Tonkawa, Pawnee, Ponca, Shawnee, Ottawa, Quapaw, Seneca, Wyandotte, Iowa, Sac and Fox, Kickapoo, Pottawatomi, Cherokee, Chickasaw, Choctaw, Creek, and Seminole. Section 4 of this Act [[25 U.S.C. 5107](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5107&num=0&edition=prelim)] shall not apply to the Indians of the Klamath Reservation in Oregon.
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Source location: Title 25, Chapter 45, § 5118; chapter-045-protection-of-indians-and-conservation-of-resources.md
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The provisions of this Act shall not apply to any of the Territories, colonies, or insular possessions of the United States, except that sections 9, 10, 11, 12, and 16 [[25 U.S.C. 5112](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5112&num=0&edition=prelim), 5113, 5115, 5116, 5123] shall apply to the Territory of Alaska: Provided, That sections 4, 7, 16, 17, and 18 of this Act [[25 U.S.C. 5107](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5107&num=0&edition=prelim), 5110, 5123, 5124, 5125] shall not apply to the following-named Indian tribes, the members of such Indian tribes, together with members of other tribes affiliated with such named tribes located in the State of Oklahoma, as follows: Cheyenne, Arapaho, Apache, Comanche, Kiowa, Caddo, Delaware, Wichita, Osage, Kaw, Otoe, Tonkawa, Pawnee, Ponca, Shawnee, Ottawa, Quapaw, Seneca, Wyandotte, Iowa, Sac and Fox, Kickapoo, Pottawatomi, Cherokee, Chickasaw, Choctaw, Creek, and Seminole. Section 4 of this Act [[25 U.S.C. 5107](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5107&num=0&edition=prelim)] shall not apply to the Indians of the Klamath Reservation in Oregon.
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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
There is authorized to be appropriated, out of any funds in the Treasury not otherwise appropriated, such sums as may be necessary, but not to exceed $250,000 in any fiscal year, to be expended at the order of the Secretary of the Interior, in defraying the expenses of organizing Indian chartered corporations or other organizations created under this Act.
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Federal law — U.S. Code and appendices · legal_authorities
Except as provided in this Act, no sale, devise, gift, exchange, or other transfer of restricted Indian lands or of shares in the assets of any Indian tribe or corporation organized under this Act shall be made or approved: Provided, That such lands or interests may, with the approval of the Secretary of the Interior, be sold, devised, or otherwise transferred to the Indian tribe in which the lands or shares are located or from which the shares were derived, or to a successor corporation: Provided further, That, subject to section 8(b) of the American Indian Probate Reform Act of 2004 (Public Law 108–374; [25 U.S.C. 2201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2201&num=0&edition=prelim) note), lands and shares described in the preceding proviso shall descend or be devised to any member of an Indian tribe or corporation described in that proviso or to an heir or lineal descendant of such a member in accordance with the Indian Land Consolidation Act ([25 U.S.C. 2201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2201&num=0&edition=prelim) et seq.), including a tribal probate code approved, or regulations promulgated under, that Act: Provided further, That the Secretary of the Interior may authorize any voluntary exchanges of lands of equal value and the voluntary exchange of shares of equal value whenever such exchange, in the judgment of the Secretary, is expedient and beneficial for or compatible with the proper consolidation of Indian lands and for the benefit of cooperative organizations.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 473 was editorially reclassified as [section 5118 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5118&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
Page 693
TITLE 25—INDIANS
§ 5107
retary of the Interior is authorized to use so
much as may be necessary of any funds here-
tofore or hereafter appropriated pursuant to sec-
tion 5108 of this title.
(Aug. 10, 1939, ch. 662, § 4, 53 Stat. 1351.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in text, is act Aug. 10, 1939, ch.
662, 53 Stat. 1351, which is classified principally to sec-
tions 5104 to 5106 of this title. For complete classifica-
tion of this Act to the Code, see Tables.
CODIFICATION
Section was formerly classified to section 463g of this
title prior to editorial reclassification and renumbering
as this section.
§ 5107. Transfer and exchange of restricted In-
dian lands and shares of Indian tribes and
corporations
Except as provided in this Act, no sale, devise,
gift, exchange, or other transfer of restricted In-
dian lands or of shares in the assets of any In-
dian tribe or corporation organized under this
Act shall be made or approved: Provided, That
such lands or interests may, with the approval
of the Secretary of the Interior, be sold, devised,
or otherwise transferred to the Indian tribe in
which the lands or shares are located or from
which the shares were derived, or to a successor
corporation: Provided further, That, subject to
section 8(b) of the American Indian Probate Re-
form Act of 2004 (Public Law 108–374; 25 U.S.C.
2201 note), lands and shares described in the pre-
ceding proviso shall descend or be devised to any
member of an Indian tribe or corporation de-
scribed in that proviso or to an heir or lineal de-
scendant of such a member in accordance with
the Indian Land Consolidation Act (25 U.S.C.
2201 et seq.), including a tribal probate code ap-
proved, or regulations promulgated under, that
Act: Provided
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5107
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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. § 5112
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Federal law — U.S. Code and appendices · legal_authorities
Page 697
TITLE 25—INDIANS
§ 5119
695; Pub. L. 100–581, title II, § 205, Nov. 1, 1988, 102
Stat. 2940; Pub. L. 101–509, title V, § 529 [title I,
§ 112(c)], Nov. 5, 1990, 104 Stat. 1427, 1454; Pub. L.
105–362, title VIII, § 801(e), title XIII, § 1302(d),
Nov. 10, 1998, 112 Stat. 3288, 3294.)
Editorial Notes
REFERENCES IN TEXT
Section 2011(f) of this title, referred to in subsec.
(c)(2), was in the original a reference to section 1131 of
the Education Amendments of 1978, Pub. L. 95–561,
meaning section 1131 of Pub. L. 95–561 prior to the gen-
eral amendments of chapter 22 (§ 2000 et seq.) of this
title by Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 3979, and Pub. L. 107–110, title X, § 1042, Jan. 8,
2002, 115 Stat. 2007. As added by Pub. L. 107–110, section
1131 of Pub. L. 95–561 relates to policy for Indian control
of Indian education and is classified to section 2011 of
this title. Provisions relating to waivers of education
personnel actions are now contained in section 2012(f)
of this title.
CODIFICATION
Section was formerly classified to section 472a of this
title prior to editorial reclassification and renumbering
as this section.
AMENDMENTS
1998—Subsec. (d). Pub. L. 105–362, § 801(e)(3), struck
out par. (1) designation and struck out par. (2) which
read as follows: ‘‘The Secretaries of the Interior and
Health and Human Services, and the Director of the Of-
fice of Personnel Management shall each submit a re-
port to Congress following the close of each fiscal year
with respect to the actions which they took in such fis-
cal year to place non-Indian employees of the Bureau of
Indian Affairs and the Indian Health Service in other
Federal positions.’’
Pub. L. 105–362, § 801(e)(1), (2), redesignated subsec. (e)
as (d) and st
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5118
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