25 U.S.C. § 5107 — Transfer and exchange of restricted In-

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 further, That the Secretary of the Interior may authorize any voluntary exchanges of lands of equal value and the voluntary ex- change 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. (June 18, 1934, ch. 576, § 4, 48 Stat. 985; Pub. L. 96–363, § 1, Sept. 26, 1980, 94 Stat. 1207; Pub. L. 106–462, title I, § 106(c), Nov. 7, 2000, 114 Stat. 2007; Pub. L. 108–374, § 6(d), Oct. 27, 2004, 118 Stat. 1805; Pub. L. 109–157, § 8(b), Dec. 30, 2005, 119 Stat. 2952; Pub. L. 109–221, title V, § 501(b)(1), May 12, 2006, 120 Stat. 343.) 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. The Indian Land Consolidation Act, referred to in text, is title II of Pub. L. 97–459, Jan. 12, 1983, 96 Stat. 2517, which is classified generally to chapter 24 (§ 2201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2201 of this title and Tables. CODIFICATION Section was formerly classified to section 464 of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2006—Pub. L. 109–221 amended section catchline and text generally. Prior to amendment, text related to transfer and exchange of restricted Indian land and shares of Indian tribes and corporations. 2005—Pub. L. 109–157 amended section catchline and text generally. Prior to amendment, text related to transfer of restricted Indian lands or shares in assets of Indian tribes or corporation and exchange of lands. 2004—Pub. L. 108–374, § 6(d)(1), (2), in first proviso, struck out ‘‘, in accordance with the then existing laws of the State, or Federal laws where applicable, in which said lands are located or in which the subject matter of the corporation is located,’’ after ‘‘descend or be de- vised’’ and ‘‘, except as provided by the Indian Land Consolidation Act, any other Indian person for whom the Secretary of the Interior determines that the United States may hold land in trust:’’ after ‘‘lineal de- scendants of such member or’’. Pub. L. 108–374, § 6(d)(3), which directed insertion of ‘‘in accordance with the Indian Land Consolidation Act (25 U.S.C. 2201 et seq.) (including a tribal probate code approved under that Act or regulations promulgated under that Act):’’ in first proviso without specifying where the insertion was to be made, was executed by making the insertion at end of first proviso, to reflect the probable intent of Congress. 2000—Pub. L. 106–462, which directed the amendment of this section by substituting ‘‘member or, except as provided by the Indian Land Consolidation Act,’’ for ‘‘member or:’’, was executed by making the substi- tution for ‘‘member or’’ before ‘‘any other Indian per- son’’ to reflect the probable intent of Congress because the phrase ‘‘member or:’’ did not appear in text. 1980—Pub. L. 96–363, which directed the amendment of the first proviso of this section by substituting ‘‘or any heirs or lineal descendants of such member or any other Indian person for whom the Secretary of the Inte- rior determines that the United States may hold land in trust’’ for ‘‘or any heirs of such members’’, was exe- cuted by making the substitution for ‘‘or any heirs of such member’’ to reflect the probable intent of Con- gress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–221 effective as if included in the enactment of Pub. L. 108–374, see section 501(c) of Pub. L. 109–221, set out as a note under section 348 of this title. EFFECTIVE DATE OF 2005 AMENDMENT Pub. L. 109–157, § 9, Dec. 30, 2005, 119 Stat. 2953, pro- vided that: ‘‘The amendments made by this Act [amending this section, sections 2204 to 2206, 2212, 2214, and 2216 of this title and provisions set out as a note under section 2201 of this title] shall be effective as if included in the American Indian Probate Reform Act of 2004 (25 U.S.C. 2201 note; Public Law 108–374).’’ EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–374 applicable on and after the date that is 1 year after June 20, 2005, see section 8(b) of Pub. L. 108–374, set out as a Notice; Effective Date of 2004 Amendment note under section 2201 of this title. 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, title II, § 214, Nov. 1, 1988, 102 Stat. 2941.) 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. Act of July 28, 1955, referred to in text, is act July 28, 1955, ch. 423, 69 Stat. 392, which was classified to sec- tions 608 to 608c of this title prior to omission from the Code as being of special and not general application. CODIFICATION Section was formerly classified to section 465 of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 1988—Pub. L. 100–581 inserted ‘‘or the Act of July 28, 1955 (69 Stat. 392), as amended (25 U.S.C. 608 et seq.)’’ after ‘‘this Act’’. § 5109. Indian forestry units; rules and regula- tions The Secretary of the Interior is directed to make rules and regulations for the operation and management of Indian forestry units on the principle of sustained-yield management, to re- strict the number of livestock grazed on Indian range units to the estimated carrying capacity of such ranges, and to promulgate such other rules and regulations as may be necessary to protect the range from deterioration, to prevent soil erosion, to assure full utilization of the range, and like purposes. (June 18, 1934, ch. 576, § 6, 48 Stat. 986.) Editorial Notes CODIFICATION Section was formerly classified to section 466 of this title prior to editorial reclassification and renumbering as this section. § 5110. New Indian reservations The Secretary of the Interior is hereby au- thorized to proclaim new Indian reservations on lands acquired pursuant to any authority con- ferred by this Act, or to add such lands to exist- ing reservations: Provided, That lands added to existing reservations shall be designated for the exclusive use of Indians entitled by enrollment or by tribal membership to residence at such reservations. (June 18, 1934, ch. 576, § 7, 48 Stat. 986.) 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 467 of this title prior to editorial reclassification and renumbering as this section. § 5111. Allotments or holdings outside of reserva- tions Nothing contained in this Act shall be con- strued to relate to Indian holdings of allotments or homesteads upon the public domain outside of the geographic boundaries of any Indian res- ervation now existing or established hereafter. (June 18, 1934, ch. 576, § 8, 48 Stat. 986.) 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 468 of this title prior to editorial reclassification and renumbering as this section. § 5112. Indian corporations; appropriation for or- ganizing There is authorized to be appropriated, out of any funds in the Treasury not otherwise appro-