§ 503 TITLE 25—INDIANS Page 206

§ 503. Organization of tribes or bands; constitution; charter; right to participate in revolving credit fund

Any recognized tribe or band of Indians residing in Oklahoma shall have the right to organize

for its common welfare and to adopt a constitution and bylaws, under such rules and regulations as the Secretary of the Interior may prescribe. The Secretary of the Interior may issue

to any such organized group a charter of incorporation, 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 entitled to vote. Such charter may convey to the incorporated group, in addition to any powers

which may properly be vested in a body corporate 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. 461

et seq.]: Provided, That the corporate funds of

any such chartered group may be deposited in

any national bank within the State of Oklahoma or otherwise invested, utilized, or disbursed in accordance with the terms of the corporate charter.

(June 26, 1936, ch. 831, §3, 49 Stat. 1967.)

REFERENCES IN TEXT

Act of June 18, 1934, referred to in text, popularly

known as the Indian Reorganization Act, is classified

generally to subchapter V (§461 et seq.) of this chapter.

For complete classification of this Act to the Code, see

Short Title note set out under section 461 of this title

and Tables.

CROSS REFERENCES

Inapplicability of section to Osage County, Oklahoma, see section 508 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 861a of this title.

§ 504. Cooperative associations; charter; purposes; 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.

461 et seq.], who reside within the State of Oklahoma in convenient proximity to each other

may receive from the Secretary of the Interior

a charter as a local cooperative association for

any one or more of the following purposes: Credit administration, production, marketing, consumers’ protection, or land management. The

provisions of this subchapter, the regulations 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 subchapter, regulations, or charters, the laws of the State of Oklahoma, if applicable, shall govern. In any stock or nonstock cooperative association no one member shall have

more than one vote, and membership therein

shall be open to all Indians residing within the

prescribed district.

(June 26, 1936, ch. 831, §4, 49 Stat. 1967.)

REFERENCES IN TEXT

Act of June 18, 1934, referred to in text, popularly

known as the Indian Reorganization Act, is classified

generally to subchapter V (§461 et seq.) of this chapter.

Provisions of the Act defining ‘‘Indian’’ appear in section 479 of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 461 of this title and Tables.

CROSS REFERENCES

Inapplicability of section to Osage County, Oklahoma, see section 508 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 505 of this title.

§ 505. Amendment or revocation of charters; suits

by and against associations

The charters of any cooperative association

organized pursuant to section 504 of this title

shall not be amended or revoked by the Secretary except after a majority vote of the membership. Such cooperative associations may sue

and be sued in any court of the State of Oklahoma 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 receive 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.)

AMENDMENTS

1948—Act June 25, 1948, struck out provisions relating

to procedure for removal. See sections 1441 to 1450 of

Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1948 AMENDMENT

Section 38 of act June 25, 1948, provided that the

amendment made by that act is effective Sept. 1, 1948.

CROSS REFERENCES

Inapplicability of section to Osage County, Oklahoma, see section 508 of this title.

§ 506. Loans to individuals and groups; appropriation

The Secretary is authorized to make loans to

individual Indians and to associations or corporate groups organized pursuant to this subchapter. For the making of such loans and for

expenses of the cooperative associations organized pursuant to this subchapter there shall be

appropriated, out of the Treasury of the United

States, the sum of $2,000,000.

(June 26, 1936, ch. 831, §6, 49 Stat. 1968.)

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 564 of this

title. Funds to be administered as a single Indian Revolving Loan Fund after Apr. 12, 1974, see section 1461

of this title.