25 U.S.C. § 5135 — Mortgages and deeds of trust by indi-

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). Page 704 TITLE 25—INDIANS § 5136 1 See References in Text note below. § 5136. Loans to purchasers of highly fractioned land (a) In general The Secretary of Agriculture is authorized to make direct loans in a manner consistent with direct loans pursuant to subtitle D of the Con- solidated Farm and Rural Development Act (7 U.S.C. 1981 et seq.), to any Indian tribe recog- nized by the Secretary of the Interior or tribal corporation established pursuant to the Indian Reorganization Act (25 U.S.C. 477),1 which does not have adequate uncommitted funds, to ac- quire lands or interests therein within the tribe’s reservation as determined by the Sec- retary of the Interior, or within a community in Alaska incorporated by the Secretary pursuant to the Indian Reorganization Act [25 U.S.C. 5101 et seq.], for use of the tribe or the corporation or the members of either. Such loans shall be lim- ited to such Indian tribes or tribal corporations as have reasonable prospects of success in their proposed operations and as are unable to obtain sufficient credit elsewhere at reasonable rates and terms to finance the purposes authorized in sections 5136 to 5143 of this title. (b) Highly fractionated land (1) In general Subject to paragraph (2), the Secretary of Agriculture may make and insure loans in ac- cordance with section 1929 of title 7 to eligible purchasers of highly fractionated land or to intermediaries in order to establish revolving loan funds for the purchase of highly fractionated land under that section. (2) Exclusion Section 5140 of this title shall not apply to trust land, restricted tribal land, or tribal cor- poration land that is mortgaged in accordance with paragraph (1). (Pub. L. 91–229, § 1, Apr. 11, 1970, 84 Stat. 120; Pub. L. 110–234, title V, § 5501, May 22, 2008, 122 Stat. 1161; Pub. L. 110–246, § 4(a), title V, § 5501, June 18, 2008, 122 Stat. 1664, 1922; Pub. L. 113–79, title V, § 5402, Feb. 7, 2014, 128 Stat. 840.) Editorial Notes REFERENCES IN TEXT The Consolidated Farm and Rural Development Act, referred to in subsec. (a), is title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307. Subtitle D of the Act is classi- fied principally to subchapter IV (§ 1981 et seq.) of chap- ter 50 of Title 7, Agriculture. For complete classifica- tion of the Act to the Code, see Short Title note set out under section 1921 of Title 7 and Tables. Tribal corporation established by the Indian Reorga- nization Act (25 U.S.C. 477), referred to in subsec. (a), means a tribal corporation established under section 17 of act June 18, 1934, ch. 576, 48 Stat. 988, which was clas- sified to section 477 of this title prior to editiorial re- classification as section 5124 of this title. The Indian Reorganization Act, referred to in subsec. (a), is act June 18, 1934, ch. 576, 48 Stat. 984, which is classified generally to this chapter. For complete clas- sification of this Act to the Code, see Short Title note set out under section 5101 of this title and Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. Section was formerly classified to section 488 of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2014—Subsec. (a). Pub. L. 113–79, § 5402(1), in first sen- tence, substituted ‘‘direct loans in a manner consistent with direct loans pursuant to subtitle D of the Consoli- dated Farm and Rural Development Act (7 U.S.C. 1981 et seq.)’’ for ‘‘loans from the Farmers Home Adminis- tration Direct Loan Account created by section 1988(c) of title 7, and to make and insure loans as provided in sections 1928 and 1929 of title 7’’. Subsec. (b)(1). Pub. L. 113–79, § 5402(2), substituted ‘‘or to intermediaries in order to establish revolving loan funds for the purchase of highly fractionated land under that section’’ for ‘‘pursuant to section 2204(c) of this title’’. 2008—Pub. L. 110–246, § 5501, inserted section catch- line, designated existing provisions as subsec. (a), in- serted heading, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. § 5137. Removal of duplicative appraisals Notwithstanding any other law (including reg- ulations), in making loans under section 5136 of this title, borrowers who are Indian tribes, members of Indian tribes, or tribal corporations shall only be required to obtain 1 appraisal under an appraisal standard recognized as of February 7, 2014, by the Secretary or the Sec- retary of the Interior. (Pub. L. 113–79, title V, § 5403, Feb. 7, 2014, 128 Stat. 840.) Editorial Notes CODIFICATION Section was formerly classified to section 488a of this title prior to editorial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries DEFINITION OF ‘‘SECRETARY’’ ‘‘Secretary’’ as meaning the Secretary of Agri- culture, see section 9001 of Title 7, Agriculture. § 5138. Title in trust to United States Title to land acquired by a tribe or tribal cor- poration with a loan made or insured pursuant to sections 5136 to 5143 of this title may, with the approval of the Secretary of the Interior, be taken by the United States in trust for the tribe or tribal corporation. (Pub. L. 91–229, § 2, Apr. 11, 1970, 84 Stat. 120.) Editorial Notes CODIFICATION Section was formerly classified to section 489 of this title prior to editorial reclassification and renumbering as this section.