25 U.S.C. § 5108 — Acquisition of lands, water rights or sur-

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-