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25 U.S.C. § 5112 — Indian corporations; appropriation for or-

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5112 — Indian corporations; appropriation for or-

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-

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5101 — Allotment of land on Indian reservations

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

25 U.S.C. § 5101 — Allotment of land on Indian reservations

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

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5112 — Indian corporations; appropriation for organizing

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

25 U.S.C. § 608 — Omitted

### 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.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 608 — Omitted

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

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