25 U.S.C. § 5134 — Sale of land by individual Indian owners

Page 703 TITLE 25—INDIANS § 5135 Act of June 26, 1936, referred to in text, is act June 26, 1936, ch. 831, 49 Stat. 1967, popularly known as the Oklahoma Welfare Act, which was classified generally to subchapter VIII (§ 501 et seq.) of chapter 14 of this title prior to editorial reclassification as chapter 45A (§ 5201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5201 of this title and Tables. Provisions of the Act relating to the revolving fund appear in section 5206 of this title. CODIFICATION Section was formerly classified to section 480 of this title prior to editorial reclassification and renumbering as this section. § 5133. Revolving fund; loans; regulations The Secretary of the Interior, or his des- ignated representative, is authorized, under such regulations as the Secretary may pre- scribe, to make loans from the revolving fund established pursuant to the Acts of June 18, 1934 (48 Stat. 984) [25 U.S.C. 5101 et seq.], and June 26, 1936 (49 Stat. 1967), to tribes, bands, groups, and individual Indians, not otherwise eligible for loans under said Acts: Provided, That no portion of these funds shall be loaned to Indians of less than one-quarter Indian blood. (May 7, 1948, ch. 266, 62 Stat. 211.) Editorial Notes REFERENCES IN TEXT Act of June 18, 1934, referred to in text, is act June 18, 1934, ch. 576, 48 Stat. 984, popularly known as the In- dian Reorganization Act, which is classified generally to this chapter. Provisions of the Act establishing the revolving fund are set out in section 5113 of this title. 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 June 26, 1936, referred to in text, is act June 26, 1936, ch. 831, 49 Stat. 1967, popularly known as the Oklahoma Welfare Act, which was classified generally to subchapter VIII (§ 501 et seq.) of chapter 14 of this title prior to editorial reclassification as chapter 45A (§ 5201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5201 of this title and Tables. Provisions of the Act relating to the revolving fund appear in section 5206 of this title. Funds in the revolving fund authorized by these Acts, and certain other sums, to be administered after Apr. 12, 1974, as a single Indian Revolving Loan Fund, see section 1461 of this title. CODIFICATION Section was formerly classified to section 482 of this title prior to editorial reclassification and renumbering as this section. § 5134. Sale of land by individual Indian owners The Secretary of the Interior, or his duly au- thorized representative, is authorized in his dis- cretion, and upon application of the Indian own- ers, to issue patents in fee, to remove restric- tions against alienation, and to approve convey- ances, with respect to lands or interests in lands held by individual Indians under the provisions of the Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 5101 et seq.], or the Act of June 26, 1936 (49 Stat. 1967). (May 14, 1948, ch. 293, 62 Stat. 236.) Editorial Notes REFERENCES IN TEXT Act of June 18, 1934, referred to in text, is act June 18, 1934, ch. 576, 48 Stat. 984, popularly known as the In- dian Reorganization Act, which is classified generally to this chapter. 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 June 26, 1936, referred to in text, is act June 26, 1936, ch. 831, 49 Stat. 1967, popularly known as the Oklahoma Welfare Act, which was classified generally to subchapter VIII (§ 501 et seq.) of chapter 14 of this title prior to editorial reclassification as chapter 45A (§ 5201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5201 of this title and Tables. CODIFICATION Section was formerly classified to section 483 of this title prior to editorial reclassification and renumbering as this section. § 5135. Mortgages and deeds of trust by indi- vidual Indian owners; removal from trust or restricted status; application to Secretary (a) The individual Indian owners of any land which either is held by the United States in trust for them or is subject to a restriction against alienation imposed by the United States are authorized, subject to approval by the Sec- retary of the Interior, to execute a mortgage or deed of trust to such land. Such land shall be subject to foreclosure or sale pursuant to the terms of such mortgage or deed of trust in ac- cordance with the laws of the tribe which has ju- risdiction over such land or, in the case where no tribal foreclosure law exists, in accordance with the laws of the State or Territory in which the land is located. For the purpose of any fore- closure or sale proceeding the Indian owners shall be regarded as vested with an unrestricted fee simple title to the land, the United States shall not be a necessary party to the proceeding, and any conveyance of the land pursuant to the proceeding shall divest the United States of title to the land. All mortgages and deeds of trust to such land heretofore approved by the Secretary of the Interior are ratified and confirmed. (b) In the event such land is acquired by an In- dian or an Indian tribe, such land shall not be removed from trust or restricted status except upon application to the Secretary under existing law. (Mar. 29, 1956, ch. 107, 70 Stat. 62; Pub. L. 98–608, § 2, Oct. 30, 1984, 98 Stat. 3173; Pub. L. 101–644, title III, § 301(c), Nov. 29, 1990, 104 Stat. 4667.) Editorial Notes CODIFICATION Section was formerly classified to section 483a of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 1990—Subsec. (a). Pub. L. 101–644 inserted ‘‘tribe which has jurisdiction over such land or, in the case where no tribal foreclosure law exists, in accordance with the laws of the’’ before ‘‘State’’ in second sen- tence. 1984—Pub. L. 98–608 designated existing provisions as subsec. (a) and added subsec. (b).