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25 U.S.C. § 5112 — Indian corporations; appropriation for or-
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
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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-
Page 695
TITLE 25—INDIANS
§ 5116
priated, such sums as may be necessary, but not
to exceed $250,000 in any fiscal year, to be ex-
pended at the order of the Secretary of the Inte-
rior, in defraying the expenses of organizing In-
dian chartered corporations or other organiza-
tions created under this Act.
(June 18, 1934, ch. 576, § 9, 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 469 of this
title prior to editorial reclassification and renumbering
as this section.
§ 5113. Revolving fund; appropriation for loans
There is authorized to be appropriated, out of
any funds in the Treasury not otherwise appro-
priated, the sum of $20,000,000 to be established
as a revolving fund from which the Secretary of
the Interior, under such rules and regulations as
he may prescribe, may make loans to Indian
chartered corporations for the purpose of pro-
moting the economic development of such tribes
and of their members, and may defray the ex-
penses of administering such loans. Repayment
of amounts loaned under this authorization
shall be credited to the revolving fund and shall
be available for the purposes for which the fund
is established.
(June 18, 1934, ch. 576, § 10, 48 Stat. 986; Pub. L.
86–533, § 1(16), June 29, 1960, 74 Stat. 248; Pub. L.
87–250, Sept. 15, 1961, 75 Stat. 520.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 470 of this
title prior to editorial reclassification and renumbering
as this section.
AMENDMENTS
1961—Pub. L. 87–250 substituted ‘‘$20,000,000’’ for
‘‘$10,000,000’’.
1960—Pub. L. 86–533 repealed provisions which re-
quired a report to be made annually to the Congress of
transactions under the authorization.
Statutory Notes and Related Subsidiaries
ADMINISTRATION OF FUND
Funds from diverse sources to be administered as a
single Indian Revolving Loan Fund after Apr. 12, 1974,
see section 1461 of this title.
§ 5114. Interest charges covered into revolving
fund
Interest or other charges heretofore or here-
after collected on loans shall be credited to the
revolving fund created by section 5113 of this
title and shall be available for the establishment
of a revolving fund for the purpose of making
and administering loans to Indian-chartered cor-
porations in accordance with the Act of June 18,
1934 (48 Stat. 986) [25 U.S.C. 5101 et seq.], and of
making and administering loans to individual
Indians and to associations or corporate groups
of Indians of Oklahoma in accordance with the
Act of June 26, 1936 (49 Stat. 1967).
(June 28, 1941, ch. 259, § 1, 55 Stat. 316.)
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. Provisions of
the Act relating to the revolving fund appear in section
5206 of this title.
CODIFICATION
Section was formerly classified to section 470a of this
title prior to editorial reclassification and renumbering
as this section.
§ 5115. Vocational and trade schools; appropria-
tion for tuition
There is authorized to be appropriated, out of
any funds in the United States Treasury not
otherwise appropriated, a sum not to exceed
$250,000 annually, together with any unexpended
balances of previous appropriations made pursu-
ant to this section, for loans to Indians for the
payment of tuition and other expenses in recog-
nized vocational and trade schools: Provided,
That not more than $50,000 of such sum shall be
available for loans to Indian students in high
schools and colleges. Such loans shall be reim-
bursable under rules established by the Commis-
sioner of Indian Affairs.
(June 18, 1934, ch. 576, § 11, 48 Stat. 986.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 471 of this
title prior to editorial reclassification and renumbering
as this section.
Executive Documents
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with cer-
tain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.
§ 5116. Standards for Indians appointed to Indian
Office
The Secretary of the Interior is directed to es-
tablish standards of health, age, character, expe-
rience, knowledge, and ability for Indians who
may be appointed, without regard to civil-serv-
Cross-references
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5101
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Federal law — U.S. Code and appendices · legal_authorities
Page 691
TITLE 25—INDIANS
§ 5103
Sec.
5116.
Standards for Indians appointed to In-
dian Office.
5117.
Indian preference laws applicable to Bu-
reau of Indian Affairs and Indian
Health Service positions.
5118.
Application generally.
5119.
Application to Alaska.
5120.
Continuation of allowances.
5121.
Claims or suits of Indian tribes against
United States; rights unimpaired.
5122.
Offsets of gratuities.
5123.
Organization of Indian tribes; constitu-
tion and bylaws and amendment there-
of; special election.
5124.
Incorporation of Indian tribes; charter;
ratification by election.
5125.
Acceptance optional.
5126.
Mandatory application of sections 5102
and 5124.
5127.
Procedure.
5128.
Application of laws and treaties.
5129.
Definitions.
5130.
Definitions.
5131.
Publication of list of recognized tribes.
5132.
Indians eligible for loans.
5133.
Revolving fund; loans; regulations.
5134.
Sale of land by individual Indian owners.
5135.
Mortgages and deeds of trust by indi-
vidual Indian owners; removal from
trust or restricted status; application
to Secretary.
5136.
Loans to purchasers of highly fractioned
land.
5137.
Removal of duplicative appraisals.
5138.
Title in trust to United States.
5139.
Tribal rights and privileges in connec-
tion with loans.
5140.
Mortgaged property governed by State
law.
5141.
Interest rates and taxes.
5142.
Reduction of unpaid principal.
5143.
Authorization of appropriations.
5144.
Certification of rental proceeds.
§ 5101. Allotment of land on Indian reservations
On and after June 18, 1934, no land of any In-
dian 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
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5101
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5112
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, act July 28, 1955, ch. 423, § 1, 69 Stat. 392; Pub. L. 88–540, § 1, Aug. 31, 1964, 78 Stat. 747; Pub. L. 100–581, title II, § 213, Nov. 1, 1988, 102 Stat. 2941; Pub. L. 101–301, § 1(a)(3), (b), May 24, 1990, 104 Stat. 206, which related to the purchase, sale, and exchange of land, was omitted from the Code as being of special and not general application.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 608
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Federal law — U.S. Code and appendices · legal_authorities
Page 158
TITLE 25—INDIANS
§ 607
§ 607. Omitted
Editorial Notes
CODIFICATION
Section, act Aug. 9, 1946, ch. 933, § 7, 60 Stat. 969; Pub.
L. 91–627, § 1, Dec. 31, 1970, 84 Stat. 1874, which related
to divestment of inheritance of non-members, was
omitted from the Code as being of special and not gen-
eral application.
§ 608. Omitted
Editorial Notes
CODIFICATION
Section, act July 28, 1955, ch. 423, § 1, 69 Stat. 392; Pub.
L. 88–540, § 1, Aug. 31, 1964, 78 Stat. 747; Pub. L. 100–581,
title II, § 213, Nov. 1, 1988, 102 Stat. 2941; Pub. L. 101–301,
§ 1(a)(3), (b), May 24, 1990, 104 Stat. 206, which related to
the purchase, sale, and exchange of land, was omitted
from the Code as being of special and not general appli-
cation.
§ 608a. Omitted
Editorial Notes
CODIFICATION
Section, act July 28, 1955, ch. 423, § 2, 69 Stat. 393; Pub.
L. 88–540, § 2, Aug. 31, 1964, 78 Stat. 748, which related to
sale of tribal trust lands, was omitted from the Code as
being of special and not general application.
§ 608b. Omitted
Editorial Notes
CODIFICATION
Section, act July 28, 1955, ch. 423, § 3, 69 Stat. 393; Pub.
L. 88–540, § 3, Aug. 31, 1964, 78 Stat. 748, which related to
rights of lessees, was omitted from the Code as being of
special and not general application.
§ 608c. Omitted
Editorial Notes
CODIFICATION
Section, act July 28, 1955, ch. 423, § 4, 69 Stat. 393,
which authorized the Secretary of the Interior to pre-
scribe regulations necessary to carry out the purposes
of former sections 608 to 608c of this title, was omitted
from the Code as being of special and not general appli-
cation.
§ 609. Omitted
Editorial Notes
CODIFICATION
Section, Pub. L. 90–278, § 1, Mar. 30, 1968, 82 Stat. 69,
which related to actions by the Confederated Tribes of
the Colvil
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 608
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