SUBCHAPTER V—PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES
Subchapter Referred to in Other Sections
This subchapter is referred to in title 42 section 1490p–2.
§461. 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.
(June 18, 1934, ch. 576, §1,
Short Title
Act June 18, 1934, which enacted this section and
Act Referred to in Other Sections
Act June 18, 1934 (Indian Reorganization Act) is referred to in
Section Referred to in Other Sections
This section is referred to in
§462. Existing periods of trust and restrictions on alienation extended
The existing periods of trust placed upon any Indian lands and any restriction on alienation thereof are extended and continued until otherwise directed by Congress.
(June 18, 1934, ch. 576, §2,
Section Referred to in Other Sections
This section is referred to in
§462a. Omitted
Codification
Section, act Apr. 11, 1940, ch. 80,
§463. Restoration of lands to tribal ownership
(a) Protection of existing rights
The Secretary of the Interior, if he shall find it to be in the public interest, is authorized to restore to tribal ownership the remaining surplus lands of any Indian reservation heretofore opened, or authorized to be opened, to sale, or any other form of disposal by Presidential proclamation, or by any of the public-land laws of the United States: Provided, however, That valid rights or claims of any persons to any lands so withdrawn existing on the date of the withdrawal shall not be affected by this Act: Provided further, That this section shall not apply to lands within any reclamation project heretofore authorized in any Indian reservation.
(b) Papago Indians; permits for easements, etc.
(1), (2) Repealed. May 27, 1955, ch. 106, §1,
(3) Water reservoirs, charcos, water holes, springs, wells, or any other form of water development by the United States or the Papago Indians shall not be used for mining purposes under the terms of this Act, except under permit from the Secretary of the Interior approved by the Papago Indian Council: Provided, That nothing herein shall be construed as interfering with or affecting the validity of the water rights of the Indians of this reservation: Provided further, That the appropriation of living water heretofore or hereafter affected, by the Papago Indians is recognized and validated subject to all the laws applicable thereto.
(4) Nothing herein contained shall restrict the granting or use of permits for easements or rights-of-way; or ingress or egress over the lands for all proper and lawful purposes.
(June 18, 1934, ch. 576, §3,
References in Text
"Heretofore", referred to in subsec. (a), means before June 18, 1934.
The public-land laws of the United States, referred to in subsec. (a), are classified generally to Title 43, Public Lands.
This Act, referred to in subsecs. (a) and (b)(3), is act June 18, 1934, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under
Amendments
1955—Subsec. (b)(1). Act May 27, 1955, repealed par. (1) which restored lands of Papago Indian Reservation to exploration and location.
Subsec. (b)(2). Act May 27, 1955, repealed par. (2) which required person desiring a mineral patent to pay $1 per acre in lieu of annual rental.
Subsec. (b)(4). Act May 27, 1955, struck out provisions relating to authority to issue or promulgate rules or regulations in conflict with Executive Order of Feb. 1, 1917 or act of Feb. 21, 1931 (
1937—Subsec. (a). Act Aug. 28, 1937, designated existing provisions of first par. as subsec. (a).
Subsec. (b)(1). Act Aug. 28, 1937, designated existing provisions of first par. as par. (1), substituted "damages shall be paid to the superintendent or other officer in charge of the reservation for the credit of the owner thereof" for "damages shall be paid to the Papago Tribe" and "to be the fair and reasonable value of such improvement" for "but not to exceed the cost of said improvements" and struck out "and payments derived from damages or rentals shall be deposited in the Treasury of the United States to the credit of the Papago Tribe" after "mining operations,".
Subsec. (b)(2). Act Aug. 28, 1937, designated existing provisions of first par. as par. (2), inserted "pay to the superintendent or other officer in charge of the reservation, for" before "deposit", substituted "Provided, That an applicant for patent shall also pay to the Secretary or other officer in charge of the said reservation for the credit of the owner" for "Provided further, That patentee shall also pay into the Treasury of the United States to the credit of the Papago Tribe" substituted "but the sum thus deposited, except for a deduction of rental at the annual rate hereinbefore provided, shall be refunded to the applicant in the event that patent is not acquired" for "the payment of $1.00 per acre for surface use to be refunded to patentee in the event that patent is not acquired" after "determination by the Secretary of the Interior, but not to exceed the cost thereof".
Subsec. (b)(3). Act Aug. 28, 1937, added par. (3).
Subsec. (b)(4). Act Aug. 28, 1937, designated second par. as par. (4).
Transfer of Functions
Functions of all other officers of Department of the Interior and functions of all agencies and employees of Department, with two exceptions, transferred to Secretary of the Interior, with power vested in him to authorize their performance or performance of any of his functions by any of those officers, agencies, and employees, by Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Restoration of Vacant and Undisposed-of Ceded Lands in Certain Indian Reservations
Reservation and State | Approximate acreage |
---|---|
Klamath River, California | 159.57 |
Coeur d'Alene, Idaho | 12,877.65 |
Crow, Montana | 10,260.95 |
Fort Peck, Montana | 41,450.13 |
Spokane, Washington | 5,451.00 |
Provided, That such restoration shall not apply to any lands while they are within reclamation projects heretofore authorized.
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Papago Indian Reservation
Section 1 of act May 27, 1955, provided: "That the provisions with respect to subjection of mineral lands within the Papago Indian Reservation to exploration, location, and entry under the mining laws of the United States in the Executive order dated February 1, 1917, creating the Papago Indian Reservation, and in the third proviso in section 1 of the Act of February 21, 1931 (
§463a. Extension of boundaries of Papago Indian Reservation
Whenever all privately owned lands except mining claims within the following-described area have been purchased and acquired as authorized in
(July 28, 1937, ch. 527, §1,
Section Referred to in Other Sections
This section is referred to in
§463b. Purchase of private lands; limitations
The Secretary of the Interior is authorized to purchase for the use and benefit of the Papago Indians with any available funds heretofore or hereafter appropriated, pursuant to authority contained in
(July 28, 1937, ch. 527, §2,
Section Referred to in Other Sections
This section is referred to in
§463c. Gift of lands by Arizona
The State of Arizona may relinquish in favor of the Papago Indians such tracts within the townships referred to in
(July 28, 1937, ch. 527, §3,
References in Text
The Enabling Act of June 20, 1910, referred to in text, probably means act June 20, 1910, ch. 310,
Section Referred to in Other Sections
This section is referred to in
§463d. Restoration of lands in Umatilla Indian Reservation to tribal ownership
The Secretary of the Interior is authorized in his discretion to restore to tribal ownership the undisposed of surplus lands of the Umatilla Indian Reservation, Oregon, heretofore opened to entry or other form of disposal under the public-land laws: Provided, That restoration shall be subject to any existing valid rights.
(Aug. 10, 1939, ch. 662, §1,
References in Text
The public-land laws, referred to in text, are classified generally to Title 43, Public Lands.
Inheritance of Trust or Restricted Lands
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Conveyance of Lands To Stimulate Industrial Development
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"(a) the Indian tribe, group, or corporate entity is organized under State or Federal law in a form satisfactory to the Secretary for the purpose of holding title to the property;
"(b) the surplus property is to be used to stimulate industrial development near the Indian tribe, band, group, or reservations;
"(c) the Indian tribe, group, or corporate entity has executed a contract with an industrial enterprise that is acceptable to the Secretary;
"(d) the contract between the Indian tribe, group, or corporate entity and the industrial enterprise contains such provisions as the Secretary deems desirable, including in substance the following:
"(1) Title to the property will remain in the Indian tribe, group, or corporate entity, and the property will be made available to the industrial enterprise at a rental fee commensurate with the purposes of this Act, which rental shall be paid to the United States Treasury.
"(2) The industrial enterprise will employ Indians in large enough numbers to justify, in the judgment of the Secretary, the purposes of this Act.
"(3) The industrial enterprise will agree to pay its employees fair and equitable wages commensurate with the general wage scale in the area.
"(4) The industrial enterprise will maintain the property in good repair, pay all taxes properly assessed against the property, and be responsible for the payment of all charges for utility services to the property.
"(5) At the end of the contract period the industry will have an option to purchase the property at its appraised price, as determined by the Secretary, the proceeds of such sale will revert to the United States Treasury.
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Section Referred to in Other Sections
This section is referred to in
§463e. Exchanges of land
For the purpose of effecting land consolidations between Indians and non-Indians within the reservation, the Secretary of the Interior is authorized, under such rules and regulations as he may prescribe, to acquire through purchase, exchange, or relinquishment, any interest in lands, water rights, or surface rights to lands within said reservation. Exchanges of lands hereunder shall be made on the basis of equal value and the value of improvements on lands to be relinquished to the Indians or by Indians to non-Indians shall be given due consideration and allowance made therefor in the valuation of lieu lands. This section shall apply to tribal, trust, or otherwise restricted Indian allotments whether the allottee be living or deceased.
(Aug. 10, 1939, ch. 662, §2,
Section Referred to in Other Sections
This section is referred to in
§463f. Title to lands
Title to lands or any interest therein acquired pursuant to
(Aug. 10, 1939, ch. 662, §3,
§463g. Use of funds appropriated under section 465
For the purpose of carrying into effect the land-purchase provision of
(Aug. 10, 1939, ch. 662, §4,
Section Referred to in Other Sections
This section is referred to in
§464. Transfer of restricted Indian lands or shares in assets of Indian tribes or corporation; exchange of lands
Except as herein provided, no sale, devise, gift, exchange, or other transfer of restricted Indian lands or of shares in the assets of any Indian tribe or corporation organized hereunder, shall be made or approved: Provided, however, That such lands or interests may, with the approval of the Secretary of the Interior, be sold, devised, or otherwise transferred to the Indian tribe in which the lands or shares are located or from which the shares were derived or to a successor corporation; and in all instances such lands or interests shall descend or be devised, in accordance with the then existing laws of the State, or Federal laws where applicable, in which said lands are located or in which the subject matter of the corporation is located, to any member of such tribe or of such corporation or any heirs or lineal descendants of such member or, except as provided by the Indian Land Consolidation Act [
(June 18, 1934, ch. 576, §4,
References in Text
Herein provided, referred to in text, means provided in act June 18, 1934, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under
The Indian Land Consolidation Act, referred to in text, is title II of
Amendments
2000—
1980—
Section Referred to in Other Sections
This section is referred to in
§465. Acquisition of lands, water rights or surface rights; appropriation; title to lands; tax exemption
The Secretary of the Interior is authorized, in his discretion, to acquire, through purchase, relinquishment, gift, exchange, or assignment, any interest in lands, water rights, or surface rights to lands, within or without existing reservations, including trust or otherwise restricted allotments, whether the allottee be living 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 Reservation for the Navajo Indians in Arizona, nor in New Mexico, in the event that legislation to define the exterior boundaries of the Navajo Indian Reservation in New Mexico, and for other purposes, or similar legislation, becomes law.
The unexpended balances of any appropriations 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 (
(June 18, 1934, ch. 576, §5,
References in Text
This Act, referred to in text, is act June 18, 1934, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under
Act of July 28, 1955, referred to in text, is act July 28, 1955, ch. 423,
Amendments
1988—
Payson Band, Yavapai-Apache Indian Reservation
"(b) The Payson Community of Yavapai-Apache Indians shall be recognized as a tribe of Indians within the purview of the Act of June 18, 1934, as amended (
Rocky Boy's Indian Reservation
Seminole Indian Reservation
Act July 20, 1956, ch. 645,
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Section Referred to in Other Sections
This section is referred to in
§465a. Receipt and purchase in trust by United States of land for Klamath Tribe Indians
The Secretary of the Interior is authorized to receive on behalf of the United States from individual members of the Klamath Tribe of Indians voluntarily executed deeds to such lands as said Indians may own in fee simple free from all encumbrances, said lands to be held in trust by the United States for said Indians and their heirs; and, whenever restricted funds are used for the purchase of lands for individual members of the Klamath Tribe of Indians, the Secretary of the Interior is authorized, in his discretion, to take title to said lands in the United States, the same to be held in trust for said individual Indians: Provided, however, That while any of the foregoing lands are held in trust by the United States for said Indians, the same shall be subject to the same restrictions, immunities, and exemptions as homesteads purchased out of trust or restricted funds of individual Indians pursuant to
(Feb. 24, 1942, ch. 113, §1,
Section Referred to in Other Sections
This section is referred to in
§465b. "Klamath Tribe of Indians" defined
As used in this section and
(Feb. 24, 1942, ch. 113, §2,
§466. Indian forestry units; rules and regulations
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 restrict 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,
§467. New Indian reservations
The Secretary of the Interior is hereby authorized to proclaim new Indian reservations on lands acquired pursuant to any authority conferred by this Act, or to add such lands to existing 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,
References in Text
This Act, referred to in text, is act June 18, 1934, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under
Section Referred to in Other Sections
This section is referred to in
§468. Allotments or holdings outside of reservations
Nothing contained in this Act shall be construed to relate to Indian holdings of allotments or homesteads upon the public domain outside of the geographic boundaries of any Indian reservation now existing or established hereafter.
(June 18, 1934, ch. 576, §8,
References in Text
This Act, referred to in text, is act June 18, 1934, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under
Section Referred to in Other Sections
This section is referred to in
§469. 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.
(June 18, 1934, ch. 576, §9,
References in Text
This Act, referred to in text, is act June 18, 1934, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under
Section Referred to in Other Sections
This section is referred to in
§470. Revolving fund; appropriation for loans
There is authorized to be appropriated, out of any funds in the Treasury not otherwise appropriated, 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 promoting the economic development of such tribes and of their members, and may defray the expenses 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,
Amendments
1961—
1960—
Revolving Fund: Interest-Free Loans to Klamath Indians; Refinancing Lending Agency Loans
Use of Revolving Loan Fund for Indians to assist Klamath Indians during period for terminating Federal supervision, see note set out under
Section Referred to in Other Sections
This section is referred to in
§470a. Interest charges covered into revolving fund
Interest or other charges heretofore or hereafter collected on loans shall be credited to the revolving fund created by
(June 28, 1941, ch. 259, §1,
References in Text
Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under
Act of June 26, 1936, referred to in text, popularly known as the Oklahoma Welfare Act, is classified generally to subchapter VIII (§501 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under
§471. Vocational and trade schools; appropriation 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 pursuant to this section, for loans to Indians for the payment of tuition and other expenses in recognized 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 reimbursable under rules established by the Commissioner of Indian Affairs.
(June 18, 1934, ch. 576, §11,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain 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,
Section Referred to in Other Sections
This section is referred to in
§472. Standards for Indians appointed to Indian Office
The Secretary of the Interior is directed to establish standards of health, age, character, experience, knowledge, and ability for Indians who may be appointed to the various positions maintained, now or hereafter, by the Indian Office, in the administration of functions or services affecting any Indian tribe. Such qualified Indians shall hereafter have the preference to appointment to vacancies in any such positions.
(June 18, 1934, ch. 576, §12,
Codification
Provisions which authorized appointments "without regard to civil-service laws" were omitted as obsolete. Appointments in the executive branch are subject to the civil service laws unless specifically excepted by such laws or by laws enacted subsequent to Executive Order No. 8743, Apr. 23, 1941, issued by the President pursuant to act Nov. 26, 1940, ch. 919, title I, §1,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain 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,
Conversion to Career Appointment
Status of Indian appointed to Federal service under excepted appointment to be converted to career appointment in competitive service after three years of continuous service and satisfactory performance, see
Section Referred to in Other Sections
This section is referred to in
§472a. Indian preference laws applicable to Bureau of Indian Affairs and Indian Health Service positions
(a) Establishment of retention categories for purposes of reduction-in-force procedures
For purposes of applying reduction-in-force procedures under subsection (a) of
(b) Reassignment of employees other than to positions in higher grades; authority to make determinations respecting
(1) The Indian preference laws shall not apply in the case of any reassignment within the Bureau of Indian Affairs or within the Indian Health Service (other than to a position in a higher grade) of an employee not entitled to Indian preference if it is determined that under the circumstances such reassignment is necessary—
(A) to assure the health or safety of the employee or of any member of the employee's household;
(B) in the course of a reduction in force; or
(C) because the employee's working relationship with a tribe has so deteriorated that the employee cannot provide effective service for such tribe or the Federal Government.
(2) The authority to make any determination under subparagraph (A), (B), or (C) of paragraph (1) is vested in the Secretary of the Interior with respect to the Bureau of Indian Affairs and the Secretary of Health and Human Services with respect to the Indian Health Service, and, notwithstanding any other provision of law, the Secretary involved may not delegate such authority to any individual other than a Deputy Secretary or Assistant Secretary of the respective department.
(c) Waiver of applicability in personnel actions; scope, procedures, etc.
(1) Notwithstanding any provision of the Indian preference laws, such laws shall not apply in the case of any personnel action respecting an applicant or employee not entitled to Indian preference if each tribal organization concerned grants, in writing, a waiver of the application of such laws with respect to such personnel action.
(2) The provisions of
(d) Placement of non-Indian employees in other Federal positions; assistance of Office of Personnel Management; cooperation of other Federal agencies
The Office of Personnel Management shall provide all appropriate assistance to the Bureau of Indian Affairs and the Indian Health Service in placing non-Indian employees of such agencies in other Federal positions. All other Federal agencies shall cooperate to the fullest extent possible in such placement efforts.
(e) Definitions
For purposes of this section—
(1) The term "tribal organization" means—
(A) the recognized governing body of any Indian tribe, band, nation, pueblo, or other organized community, including a Native village (as defined in
(B) in connection with any personnel action referred to in subsection (c)(1) of this section, any legally established organization of Indians which is controlled, sanctioned, or chartered by a governing body referred to in subparagraph (A) of this paragraph and which has been delegated by such governing body the authority to grant a waiver under such subsection with respect to such personnel action.
(2) The term "Indian preference laws" means
(3) The term "Bureau of Indian Affairs" means (A) the Bureau of Indian Affairs and (B) all other organizational units in the Department of the Interior directly and primarily related to providing services to Indians and in which positions are filled in accordance with the Indian preference laws.
(
References in Text
Amendments
1998—Subsec. (d).
Subsec. (e).
Subsec. (f).
1990—Subsec. (b)(2).
1988—Subsec. (c)(1).
Change of Name
"Secretary of Health and Human Services" substituted for "Secretary of Health, Education, and Welfare" in subsec. (b)(2) pursuant to section 509(b) of
Effective Date of 1990 Amendment
Amendment by
1 See References in Text note below.
§473. Application generally
The provisions of this Act shall not apply to any of the Territories, colonies, or insular possessions of the United States, except that sections 9, 10, 11, 12, and 16 [
(June 18, 1934, ch. 576, §13,
References in Text
This Act, referred to in text, is act June 18, 1934, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under
Amendments
1990—
Admission of Alaska as State
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of
§473a. Application to Alaska
(May 1, 1936, ch. 254, §1,
Codification
Section was formerly classified to
Admission of Alaska as State
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of
Section Referred to in Other Sections
This section is referred to in
§474. Continuation of allowances
The Secretary of the Interior is directed to continue the allowance of the articles enumerated in section 17 of the Act of March 2, 1889 (
(June 18, 1934, ch. 576, §14,
References in Text
Section 17 of the Act of March 2, 1889, referred to in text, probably means section 17 of act Mar. 2, 1889, ch. 405,
Act of June 10, 1896, referred to in text, is act June 10, 1896, ch. 398,
This Act, referred to in text, is act June 18, 1934, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under
Section 19 of the Act of May 29, 1908, referred to in text, probably means section 19 of act May 29, 1908, ch. 216,
Appropriations
Section 2 of act June 26, 1934, ch. 756,
§475. Claims or suits of Indian tribes against United States; rights unimpaired
Nothing in this Act shall be construed to impair or prejudice any claim or suit of any Indian tribe against the United States. It is declared to be the intent of Congress that no expenditures for the benefit of Indians made out of appropriations authorized by said sections shall be considered as offsets in any suit brought to recover upon any claim of such Indians against the United States.
(June 18, 1934, ch. 576, §15,
References in Text
This Act, referred to in text, is act June 18, 1934, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under
Section Referred to in Other Sections
This section is referred to in
§475a. Offsets of gratuities
In all suits now pending in the United States Court of Federal Claims by an Indian tribe or band which have not been tried or submitted, and in any suit hereafter filed in the United States Court of Federal Claims by any such tribe or band, the United States Court of Federal Claims is directed to consider and to offset against any amount found due the said tribe or band all sums expended gratuitously by the United States for the benefit of the said tribe or band; and in all cases now pending or hereafter filed in the United States Court of Federal Claims in which an Indian tribe or band is party plaintiff, wherein the duty of the court is merely to report its findings of fact and conclusions to Congress, the said United States Court of Federal Claims is directed to include in its report a statement of the amount of money which has been expended by the United States gratuitously for the benefit of the said tribe or band: Provided, That expenditures made prior to the date of the law, treaty, agreement, or Executive order under which the claims arise shall not be offset against the claims or claim asserted; and expenditures under the Act of June 18, 1934 (
(Aug. 12, 1935, ch. 508, §2,
References in Text
Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under
Amendments
1992—
1982—
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
§476. Organization of Indian tribes; constitution and bylaws and amendment thereof; special election
(a) Adoption; effective date
Any Indian tribe shall have the right to organize for its common welfare, and may adopt an appropriate constitution and bylaws, and any amendments thereto, which shall become effective when—
(1) ratified by a majority vote of the adult members of the tribe or tribes at a special election authorized and called by the Secretary under such rules and regulations as the Secretary may prescribe; and
(2) approved by the Secretary pursuant to subsection (d) of this section.
(b) Revocation
Any constitution or bylaws ratified and approved by the Secretary shall be revocable by an election open to the same voters and conducted in the same manner as provided in subsection (a) of this section for the adoption of a constitution or bylaws.
(c) Election procedure; technical assistance; review of proposals; notification of contrary-to-applicable law findings
(1) The Secretary shall call and hold an election as required by subsection (a) of this section—
(A) within one hundred and eighty days after the receipt of a tribal request for an election to ratify a proposed constitution and bylaws, or to revoke such constitution and bylaws; or
(B) within ninety days after receipt of a tribal request for election to ratify an amendment to the constitution and bylaws.
(2) During the time periods established by paragraph (1), the Secretary shall—
(A) provide such technical advice and assistance as may be requested by the tribe or as the Secretary determines may be needed; and
(B) review the final draft of the constitution and bylaws, or amendments thereto to determine if any provision therein is contrary to applicable laws.
(3) After the review provided in paragraph (2) and at least thirty days prior to the calling of the election, the Secretary shall notify the tribe, in writing, whether and in what manner the Secretary has found the proposed constitution and bylaws or amendments thereto to be contrary to applicable laws.
(d) Approval or disapproval by Secretary; enforcement
(1) If an election called under subsection (a) of this section results in the adoption by the tribe of the proposed constitution and bylaws or amendments thereto, the Secretary shall approve the constitution and bylaws or amendments thereto within forty-five days after the election unless the Secretary finds that the proposed constitution and bylaws or any amendments are contrary to applicable laws.
(2) If the Secretary does not approve or disapprove the constitution and bylaws or amendments within the forty-five days, the Secretary's approval shall be considered as given. Actions to enforce the provisions of this section may be brought in the appropriate Federal district court.
(e) Vested rights and powers; advisement of presubmitted budget estimates
In addition to all powers vested in any Indian tribe or tribal council by existing law, the constitution adopted by said tribe shall also vest in such tribe or its tribal council the following rights and powers: To employ legal counsel; to prevent the sale, disposition, lease, or encumbrance of tribal lands, interests in lands, or other tribal assets without the consent of the tribe; and to negotiate with the Federal, State, and local governments. The Secretary shall advise such tribe or its tribal council of all appropriation estimates or Federal projects for the benefit of the tribe prior to the submission of such estimates to the Office of Management and Budget and the Congress.
(f) Privileges and immunities of Indian tribes; prohibition on new regulations
Departments or agencies of the United States shall not promulgate any regulation or make any decision or determination pursuant to the Act of June 18, 1934 (
(g) Privileges and immunities of Indian tribes; existing regulations
Any regulation or administrative decision or determination of a department or agency of the United States that is in existence or effect on May 31, 1994, and that classifies, enhances, or diminishes the privileges and immunities available to a federally recognized Indian tribe relative to the privileges and immunities available to other federally recognized tribes by virtue of their status as Indian tribes shall have no force or effect.
(June 18, 1934, ch. 576, §16,
References in Text
Act of June 18, 1934, referred to in subsec. (f), popularly known as the Indian Reorganization Act, is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under
Codification
May 31, 1994, referred to in subsec. (g), was in the original "the date of enactment of this Act", which was translated as meaning the date of enactment of
Amendments
2000—Subsec. (e).
1994—Subsecs. (f), (g).
1988—
Definitions Applicable
Section 102 of title I of
"(1) 'applicable laws' means any treaty, Executive order or Act of Congress or any final decision of the Federal courts which are applicable to the tribe, and any other laws which are applicable to the tribe pursuant to an Act of Congress or by any final decision of the Federal courts;
"(2) 'appropriate tribal request' means receipt in the Area Office of the Bureau of Indian Affairs having administrative jurisdiction over the requesting tribe, of a duly enacted tribal resolution requesting a Secretarial election as well as a copy of the proposed tribal constitution and bylaws, amendment, or revocation action;
"(3) 'Secretary' means the Secretary of the Interior."
Amendment of Tribal Constitution and Bylaws
Section 103 of title I of
Section Referred to in Other Sections
This section is referred to in
§477. Incorporation of Indian tribes; charter; ratification by election
The Secretary of the Interior may, upon petition by any tribe, issue a charter of incorporation to such tribe: Provided, That such charter shall not become operative until ratified by the governing body of such tribe. Such charter may convey to the incorporated tribe the power to purchase, take by gift, or bequest, or otherwise, own, hold, manage, operate, and dispose of property of every description, real and personal, including the power to purchase restricted Indian lands and to issue in exchange therefor interests in corporate property, and such further powers as may be incidental to the conduct of corporate business, not inconsistent with law; but no authority shall be granted to sell, mortgage, or lease for a period exceeding twenty-five years any trust or restricted lands included in the limits of the reservation. Any charter so issued shall not be revoked or surrendered except by Act of Congress.
(June 18, 1934, ch. 576, §17,
Amendments
1990—
Section Referred to in Other Sections
This section is referred to in
§478. Acceptance optional
This Act shall not apply to any reservation wherein a majority of the adult Indians, voting at a special election duly called by the Secretary of the Interior, shall vote against its application. It shall be the duty of the Secretary of the Interior, within one year after June 18, 1934, to call such an election, which election shall be held by secret ballot upon thirty days' notice.
(June 18, 1934, ch. 576, §18,
References in Text
This Act, referred to in text, is act June 18, 1934, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under
Extensions of Time
The time for holding an election under this section was extended to June 18, 1936, by act June 15, 1935, ch. 260, §2,
Act June 15, 1935, ch. 260, §3,
Section Referred to in Other Sections
This section is referred to in
§478–1. Mandatory application of sections 462 and 477
Notwithstanding
(1) all Indian tribes,
(2) all lands held in trust by the United States for Indians, and
(3) all lands owned by Indians that are subject to a restriction imposed by the United States on alienation of the rights of the Indians in the lands.
(
§478a. Procedure
In any election heretofore or hereafter held under the Act of June 18, 1934 (
(June 15, 1935, ch. 260, §1,
References in Text
Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under
§478b. Application of laws and treaties
All laws, general and special, and all treaty provisions affecting any Indian reservation which has voted or may vote to exclude itself from the application of the Act of June 18, 1934 (
(June 15, 1935, ch. 260, §4,
References in Text
Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under
§479. Definitions
The term "Indian" as used in this Act shall include all persons of Indian descent who are members of any recognized Indian tribe now under Federal jurisdiction, and all persons who are descendants of such members who were, on June 1, 1934, residing within the present boundaries of any Indian reservation, and shall further include all other persons of one-half or more Indian blood. For the purposes of this Act, Eskimos and other aboriginal peoples of Alaska shall be considered Indians. The term "tribe" wherever used in this Act shall be construed to refer to any Indian tribe, organized band, pueblo, or the Indians residing on one reservation. The words "adult Indians" wherever used in this Act shall be construed to refer to Indians who have attained the age of twenty-one years.
(June 18, 1934, ch. 576, §19,
References in Text
This Act, referred to in text, is act June 18, 1934, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under
Admission of Alaska as State
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of
Section Referred to in Other Sections
This section is referred to in
§479a. Definitions
For the purposes of this title: 1
(1) The term "Secretary" means the Secretary of the Interior.
(2) The term "Indian tribe" means any Indian or Alaska Native tribe, band, nation, pueblo, village or community that the Secretary of the Interior acknowledges to exist as an Indian tribe.
(3) The term "list" means the list of recognized tribes published by the Secretary pursuant to
(
References in Text
This title, referred to in introductory provisions, is title I of
Short Title
Section 101 of title I of
Congressional Findings
Section 103 of
"(1) the Constitution, as interpreted by Federal case law, invests Congress with plenary authority over Indian Affairs;
"(2) ancillary to that authority, the United States has a trust responsibility to recognized Indian tribes, maintains a government-to-government relationship with those tribes, and recognizes the sovereignty of those tribes;
"(3) Indian tribes presently may be recognized by Act of Congress; by the administrative procedures set forth in part 83 of the Code of Federal Regulations denominated 'Procedures for Establishing that an American Indian Group Exists as an Indian Tribe;' or by a decision of a United States court;
"(4) a tribe which has been recognized in one of these manners may not be terminated except by an Act of Congress;
"(5) Congress has expressly repudiated the policy of terminating recognized Indian tribes, and has actively sought to restore recognition to tribes that previously have been terminated;
"(6) the Secretary of the Interior is charged with the responsibility of keeping a list of all federally recognized tribes;
"(7) the list published by the Secretary should be accurate, regularly updated, and regularly published, since it is used by the various departments and agencies of the United States to determine the eligibility of certain groups to receive services from the United States; and
"(8) the list of federally recognized tribes which the Secretary publishes should reflect all of the federally recognized Indian tribes in the United States which are eligible for the special programs and services provided by the United States to Indians because of their status as Indians."
Section Referred to in Other Sections
This section is referred to in title 18 section 228.
1 See References in Text note below.
§479a–1. Publication of list of recognized tribes
(a) Publication of list
The Secretary shall publish in the Federal Register a list of all Indian tribes which the Secretary recognizes to be eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
(b) Frequency of publication
The list shall be published within 60 days of November 2, 1994, and annually on or before every January 30 thereafter.
(
Section Referred to in Other Sections
This section is referred to in
§480. Indians eligible for loans
On and after May 10, 1939, no individual of less than one-quarter degree of Indian blood shall be eligible for a loan from funds made available in accordance with the provisions of the Act of June 18, 1934 (
(May 10, 1939, ch. 119, §1,
References in Text
Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under
Act of June 26, 1936, referred to in text, popularly known as the Oklahoma Welfare Act, is classified generally to subchapter VIII (§501 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under
§481. Omitted
Codification
Section, act July 2, 1942, ch. 473, §1,
§482. Revolving fund; loans; regulations
The Secretary of the Interior, or his designated representative, is authorized, under such regulations as the Secretary may prescribe, to make loans from the revolving fund established pursuant to the Acts of June 18, 1934 (
(May 7, 1948, ch. 266,
References in Text
Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to this subchapter. Provisions of the Act establishing the revolving fund are set out in
Act of June 26, 1936, referred to in text, popularly known as the Oklahoma Welfare Act, is classified generally to subchapter VIII (§501 et seq.) of this chapter. Provisions of the Act relating to the revolving fund appear in
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
§483. Sale of land by individual Indian owners
The Secretary of the Interior, or his duly authorized representative, is authorized in his discretion, and upon application of the Indian owners, to issue patents in fee, to remove restrictions against alienation, and to approve conveyances, with respect to lands or interests in lands held by individual Indians under the provisions of the Act of June 18, 1934 (
(May 14, 1948, ch. 293,
References in Text
Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under
Act of June 26, 1936, referred to in text, popularly known as the Oklahoma Welfare Act, is classified generally to subchapter VIII (§501 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under
§483a. Mortgages and deeds of trust by individual 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 Secretary 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 accordance with the laws of the tribe which has jurisdiction 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 foreclosure 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 Indian 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,
Amendments
1990—Subsec. (a).
1984—
§484. Conversion of exchange assignments of tribal lands on certain Sioux reservations into trust titles; trust and tax exemption
From and after July 14, 1954, each grant of exchange assignment of tribal lands on the Cheyenne River Sioux Reservation and the Standing Rock Sioux Reservation shall have the same force and effect, and shall confer the same rights, including all timber, mineral, and water rights now vested in or held by the Cheyenne River Sioux Tribe or the Standing Rock Sioux Tribe, upon the holder or holders thereof, that are conveyed by a trust patent issued pursuant to
(July 14, 1954, ch. 472, §1,
Section Referred to in Other Sections
This section is referred to in
§485. Payment to assignment holders of moneys collected for use of subsurface rights
The Cheyenne River Sioux Tribe and the Standing Rock Sioux Tribe are authorized to pay to each holder of an exchange assignment of tribal lands all moneys collected by the tribe for the lease or use of subsurface rights in such lands.
(July 14, 1954, ch. 472, §2,
Section Referred to in Other Sections
This section is referred to in
§486. Regulations
The Secretary of the Interior is authorized to prescribe such regulations as may be necessary to carry out the provisions of
(July 14, 1954, ch. 472, §3,
§487. Spokane Indian Reservation; consolidations of land
(a) Purchase, sale, and exchange
For the purpose of effecting consolidations of land situated within the Spokane Indian Reservation in the State of Washington into the ownership of the tribe and of individual tribal members and for the purpose of attaining and preserving an economic land base for Indian use, alleviating problems of Indian heirship and assisting in the productive leasing, disposition, and other use of tribal lands, the Secretary of the Interior is authorized in his discretion to:
(1) Purchase for the Spokane Tribe of Indians with any funds of such tribe and to otherwise acquire by gift, exchange, or relinquishment any lands or interest in lands or improvements thereon within the Spokane Indian Reservation.
(2) Sell or approve sales of any tribal trust lands, any interest therein or improvements thereon.
(3) Exchange any tribal trust lands, including interests therein or improvements thereon, for any lands situated within such reservation.
(b) Individual Indian trust lands
The Secretary of the Interior is authorized to sell and exchange individual Indian trust lands held in multiple ownership to the Spokane Tribe or to individual members thereof if the sale or exchange is authorized in writing by owners of at least a majority interest in such lands; except that no greater percentage of approval of individual Indians shall be required under this Act than in any other statute of general application approved by Congress.
(c) Nontaxability
Title to lands, or any interests therein, acquired pursuant to this Act for the Spokane Tribe or individual enrolled members thereof, shall be taken in the name of the United States of America in trust for the tribe or individual Indian, and shall be nontaxable as other tribal and allotted Indian trust lands of the Spokane Reservation.
(d) Lands held by mortgage or deed of trust
That any tribal land that may be sold pursuant to this Act may, with the approval of the Secretary of the Interior, be encumbered by a mortgage or deed of trust and shall be subject to foreclosure or sale pursuant to the terms of such a mortgage or deed of trust in accordance with the laws of the State of Washington. The United States shall be an indispensable party to any such proceeding with the right of removal of the clause to the United States district court for the district in which the land is located, following the procedure in
(e) Acquisition and sale procedures; land purchase and consolidation program
The acquisition and sale of lands for the Spokane Tribe pursuant to this Act shall be upon request of the business council of the Spokane Tribe, evidenced by a resolution adopted in accordance with the constitution and bylaws of the tribe, and shall be in accordance with a land purchase and consolidation plan approved by the Secretary of the Interior, and except as it may otherwise be authorized or prescribed by the Secretary, shall be limited to lands situated within the boundary of the Spokane Reservation. Such acquisition by the Spokane Tribe, or individual members thereof, may be achieved by exchange of lands with Indians or non-Indians as well as outright purchase, with adjusting payments to approximate equal value. Moneys or credits received by the tribe in the sale of lands shall be used for the purchase of other lands, or for such other purpose as may be consistent with the land purchase and consolidation program, approved by the Secretary of the Interior.
(
References in Text
This Act, referred to in subsecs. (c), (d), and (e), is
Codification
Section is comprised of subsecs. (a) to (e) of section 1 of
Amendments
1974—Subsec. (c).
§488. Agricultural loans to acquire land within reservations
The Secretary of Agriculture is authorized to make loans from the Farmers Home Administration Direct Loan Account created by section 1988(c) 1 of title 7, and to make and insure loans as provided in sections 1928 1 and 1929 of title 7, to any Indian tribe recognized by the Secretary of the Interior or tribal corporation established pursuant to the Indian Reorganization Act (
(
References in Text
Tribal corporation established by the Indian Reorganization Act (
The Indian Reorganization Act, referred to in text, is act June 18, 1934, ch. 576,
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§489. Title in trust to United States
Title to land acquired by a tribe or tribal corporation with a loan made or insured pursuant to
(
Section Referred to in Other Sections
This section is referred to in
§490. Tribal rights and privileges in connection with loans
A tribe or tribal corporation to which a loan is made or insured pursuant to
(
Section Referred to in Other Sections
This section is referred to in
§491. Mortgaged property governed by State law
Trust or restricted tribal or tribal corporation property mortgaged pursuant to
(
Section Referred to in Other Sections
This section is referred to in
§492. Interest rates and taxes
Loans made or insured pursuant to
(
References in Text
The Consolidated Farmers Home Administration Act of 1961, referred to in text, is now the Consolidated Farm and Rural Development Act (
Section 341 of that Act is set out as a note under
Amendments
1990—
Section Referred to in Other Sections
This section is referred to in
§493. Reduction of unpaid principal
(a) In general
The Secretary of Agriculture may, on the application of the borrower of a loan or loans made under
(1) the fair market value of the land has declined by at least 25 percent since such land was purchased by the borrower;
(2) the land has been held by the borrower for a period of at least 5 years; and
(3) the Secretary of the Interior finds that the borrower has insufficient income to both repay the loan or loans and provide normal tribal governmental services.
(b) Fair market value
(1) Appraisal
Current fair market value under subsection (a) of this section shall be determined through an appraisal by an independent qualified fee appraiser, selected by mutual agreement between the borrower and the Secretary of Agriculture.
(2) Costs
The cost of appraisals undertaken under paragraph (1) shall be paid by the borrower.
(c) Appeals
Decisions of the Secretary of Agriculture under this section shall be appealable in accordance with the provisions of section 333B 1 of the Consolidated Farm and Rural Development Act (
(d) Future applications
A borrower that had a loan or loans reduced under this section shall not submit an application for another reduction on such loan or loans for a period of 5 years after the initial reduction.
(
References in Text
Section 333B of the Consolidated Farm and Rural Development Act (
Codification
Another section 6 of
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§494. Authorization of appropriations
There are authorized to be appropriated to carry out
(
Codification
Another section 6 of
Section Referred to in Other Sections
This section is referred to in