25 U.S.C. § 5205 — Amendment or revocation of charters;

Page 707 TITLE 25—INDIANS § 5205 any other Indian or Indians of the same or any other tribe, at a fair valuation to be fixed by the appraisement satisfactory to the Indian owner or owners, or if offered for sale at auction said Secretary shall have a preference right, in his discretion, to purchase the same for or in behalf of any other Indian or Indians by meeting the highest bid otherwise offered therefor. The preference right of the Secretary to pur- chase shall be considered as waived where notice of the pendency of sale is given in writing to the Superintendent of the Five Civilized Tribes for at least ten days prior to the date of sale and the Secretary does not within that time exercise the preferential right to purchase. (June 26, 1936, ch. 831, § 2, 49 Stat. 1967; Aug. 4, 1947, ch. 458, § 10, 61 Stat. 734.) Editorial Notes CODIFICATION Section was formerly classified to section 502 of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 1947—Act Aug. 4, 1947, added second paragraph. § 5203. Organization of tribes or bands; constitu- tion; charter; right to participate in revolv- ing credit fund Any recognized tribe or band of Indians resid- ing in Oklahoma shall have the right to organize for its common welfare and to adopt a constitu- tion and bylaws, under such rules and regula- tions as the Secretary of the Interior may pre- scribe. The Secretary of the Interior may issue to any such organized group a charter of incor- poration, which shall become operative when ratified by a majority vote of the adult members of the organization voting: Provided, however, That such election shall be void unless the total vote cast be at least 30 per centum of those enti- tled to vote. Such charter may convey to the in- corporated group, in addition to any powers which may properly be vested in a body cor- porate under the laws of the State of Oklahoma, the right to participate in the revolving credit fund and to enjoy any other rights or privileges secured to an organized Indian tribe under the Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 5101 et seq.]: Provided, That the corporate funds of any such chartered group may be deposited in any national bank within the State of Okla- homa or otherwise invested, utilized, or dis- bursed in accordance with the terms of the cor- porate charter. (June 26, 1936, ch. 831, § 3, 49 Stat. 1967.) Editorial Notes REFERENCES IN TEXT Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to chapter 45 (§ 5101 et seq.) 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. CODIFICATION Section was formerly classified to section 503 of this title prior to editorial reclassification and renumbering as this section. § 5204. Cooperative associations; charter; pur- poses; voting rights Any ten or more Indians, as determined by the official tribal rolls, or Indian descendants of such enrolled members, or Indians as defined in the Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 5101 et seq.], who reside within the State of Oklahoma in convenient proximity to each other may receive from the Secretary of the In- terior a charter as a local cooperative associa- tion for any one or more of the following pur- poses: Credit administration, production, mar- keting, consumers’ protection, or land manage- ment. The provisions of this chapter, the regula- tions of the Secretary of the Interior, and the charters of the cooperative associations issued pursuant thereto shall govern such cooperative associations: Provided, That in those matters not covered by this chapter, regulations, or charters, the laws of the State of Oklahoma, if applicable, shall govern. In any stock or nonstock cooperative association no one mem- ber shall have more than one vote, and member- ship therein shall be open to all Indians residing within the prescribed district. (June 26, 1936, ch. 831, § 4, 49 Stat. 1967.) Editorial Notes REFERENCES IN TEXT Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to chapter 45 (§ 5101 et seq.) of this title. Pro- visions of the Act defining ‘‘Indian’’ appear in section 5129 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. CODIFICATION Section was formerly classified to section 504 of this title prior to editorial reclassification and renumbering as this section. § 5205. Amendment or revocation of charters; suits by and against associations The charters of any cooperative association organized pursuant to section 5204 of this title shall not be amended or revoked by the Sec- retary except after a majority vote of the mem- bership. Such cooperative associations may sue and be sued in any court of the State of Okla- homa or of the United States having jurisdiction of the cause of action, but a certified copy of all papers filed in any action against a cooperative association in a court of Oklahoma shall be served upon the Secretary of the Interior, or upon an employee duly authorized by him to re- ceive such service. Within thirty days after such service or within such extended time as the trial court may permit, the Secretary of the Interior may intervene in such action or may remove such action to the United States district court. (June 26, 1936, ch. 831, § 5, 49 Stat. 1968; June 25, 1948, ch. 646, § 29, 62 Stat. 991.) Editorial Notes CODIFICATION Section was formerly classified to section 505 of this title prior to editorial reclassification and renumbering as this section. Page 708 TITLE 25—INDIANS § 5206 AMENDMENTS 1948—Act June 25, 1948, struck out provisions relating to procedure for removal. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1948 AMENDMENT Act June 25, 1948, ch. 646, § 38, 62 Stat. 992, provided that the amendment made by that act is effective Sept 1, 1948. § 5206. Loans to individuals and groups; appro- priation The Secretary is authorized to make loans to individual Indians and to associations or cor- porate groups organized pursuant to this chap- ter. For the making of such loans and for ex- penses of the cooperative associations organized pursuant to this chapter there shall be appro- priated, out of the Treasury of the United States, the sum of $2,000,000. (June 26, 1936, ch. 831, § 6, 49 Stat. 1968.) Editorial Notes CODIFICATION Section was formerly classified to section 506 of this title prior to editorial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries ADMINISTRATION OF FUNDS IN REVOLVING FUND Funds authorized by act June 26, 1936, to be adminis- tered as a single Indian Revolving Loan Fund after Apr. 12, 1974, see section 1461 of this title. § 5207. Availability and allocation of funds; royal- ties from mineral deposits All funds appropriated under the several grants of authority contained in the Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 5101 et seq.], are hereby made available for use under the provi- sions of this chapter, and Oklahoma Indians shall be accorded and allocated a fair and just share of any and all funds appropriated after June 26, 1936, under the authorization herein set forth: Provided, That any royalties, bonuses, or other revenues derived from mineral deposits underlying lands purchased in Oklahoma under the authority granted by this chapter, or by the Act of June 18, 1934, shall be deposited in the Treasury of the United States, and such reve- nues are made available for expenditure by the Secretary of the Interior for the acquisition of lands and for loans to Indians in Oklahoma as authorized by this chapter and by the Act of June 18, 1934 (48 Stat. 984). (June 26, 1936, ch. 831, § 7, 49 Stat. 1968.) Editorial Notes REFERENCES IN TEXT Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to chapter 45 (§ 5101 et seq.) 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. CODIFICATION Section was formerly classified to section 507 of this title prior to editorial reclassification and renumbering as this section. § 5208. Application of provisions to Osage County This chapter shall not relate to or affect Osage County, Oklahoma. (June 26, 1936, ch. 831, § 8, 49 Stat. 1968.) Editorial Notes CODIFICATION Section was formerly classified to section 508 of this title prior to editorial reclassification and renumbering as this section. § 5209. Rules and regulations; repeals The Secretary of the Interior is authorized to prescribe such rules and regulations as may be necessary to carry out the provisions of this chapter. All Acts or parts of Acts inconsistent with this chapter are repealed. (June 26, 1936, ch. 831, § 9, 49 Stat. 1968.) Editorial Notes CODIFICATION Section was formerly classified to section 509 of this title prior to editorial reclassification and renumbering as this section. § 5210. Payment of gross production taxes; meth- od Whenever restricted Indian lands in the State of Oklahoma are subject to gross production tax on minerals, including oil and gas, the Secretary of the Interior, in his discretion, may cause such tax or taxes due the State of Oklahoma to be paid in the manner provided for by the statutes of the State of Oklahoma. (Aug. 25, 1937, ch. 772, 50 Stat. 806.) Editorial Notes CODIFICATION This section was not enacted as part of act June 26, 1936, ch. 831, 49 Stat. 1967, which comprises this chapter. Section was formerly classified to section 510 of this title prior to editorial reclassification and renumbering as this section. CHAPTER 46—INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Sec. 5301. Congressional statement of findings. 5302. Congressional declaration of policy. 5303. Tribal and Federal advisory committees. 5304. Definitions. 5305. Reporting and audit requirements for re- cipients of Federal financial assist- ance. 5306. Criminal activities involving grants, contracts, etc.; penalties. 5307. Wage and labor standards. 5308. Grant and cooperative agreements. 5309. Use of excess funds. 5310. Investment of advance payments; re- strictions. SUBCHAPTER I—INDIAN SELF-DETERMINATION 5321. Self-determination contracts. 5322. Grants to tribal organizations or tribes. 5323. Retention of Federal employee coverage, rights and benefits by employees of tribal organizations. 5324. Contract or grant provisions and admin- istration.