Page 189 TITLE 25—INDIANS § 465a

§ 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 (69 Stat.

392), as amended (25 U.S.C. 608 et seq.) 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 taxation.

(June 18, 1934, ch. 576, §5, 48 Stat. 985; Pub. L.

100–581, title II, §214, Nov. 1, 1988, 102 Stat. 2941.)

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 461 of this title

and Tables.

Act of July 28, 1955, referred to in text, is act July 28,

1955, ch. 423, 69 Stat. 392, as amended, which is classified

to sections 608 to 608c of this title. For complete classification of this Act to the Code, see Tables.

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’’.

PAYSON BAND, YAVAPAI-APACHE INDIAN RESERVATION

Pub. L. 92–470, Oct. 6, 1972, 86 Stat. 783, provided:

‘‘That (a) a suitable site (of not to exceed eighty-five

acres) for a village for the Payson Community of

Yavapai-Apache Indians shall be selected in the Tonto

National Forest within Gila County, Arizona, by the

leaders of the community, subject to approval by the

Secretary of the Interior and the Secretary of Agriculture. The site so selected is hereby declared to be

held by the United States in trust as an Indian reservation for the use and benefit of the Payson Community

of Yavapai-Apache Indians.

‘‘(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 (25

U.S.C. 461–479, relating to the protection of Indians and

conservation of resources), and shall be subject to all of

the provisions thereof.’’

ROCKY BOY’S INDIAN RESERVATION

Pub. L. 85–773, Aug. 27, 1958, 72 Stat. 931, provided:

‘‘That the land acquired by the United States pursuant

to section 5 of the Act of June 18, 1934 (48 Stat. 984)

[this section], title to which was conveyed to the

United States of America in trust for the Chippewa,

Cree, and other Indians of Montana, and thereafter

added to the Rocky Boy’s Indian Reservation, Montana, by proclamation signed by the Assistant Secretary of the Interior on November 26, 1947, is hereby

designated for the exclusive use of the members of the

Chippewa Cree Tribe of the Rocky Boy’s Reservation,

Montana.’’

SEMINOLE INDIAN RESERVATION

Act July 20, 1956, ch. 645, 70 Stat. 581, provided: ‘‘That

the equitable title to the lands and interests in lands

together with the improvements thereon, acquired by

the United States under authority of title II of the National Industrial Recovery Act, approved June 16, 1933

(48 Stat. 200), the Emergency Relief Appropriation Act

of 1935, approved April 8, 1935 (49 Stat. 115), and section

55 of the Act entitled ‘‘An Act to amend the Agricultural Adjustment Act, and for other purposes’’, approved August 24, 1935 (49 Stat. 750, 781), administrative

jurisdiction over which was transferred from the Secretary of Agriculture to the Secretary of the Interior

by Executive Order Numbered 7868, dated April 15, 1938,

for the use of the Seminole Tribe, is hereby conveyed

to the Seminole Tribe of Indians in the State of Florida, and such lands and interests are hereby declared to

be held by the United States in trust for the Seminole

Tribe of Indians in the State of Florida in the same

manner and to the same extent as other land held in

trust for such tribe.

‘‘SEC. 2. The lands declared to be held in trust for the

Seminole Tribe of Indians in the State of Florida under

the first section of this Act and all lands which have

been acquired by the United States for the Seminole

Tribe of Indians in the State of Florida under authority

of the Act entitled ‘An Act to conserve and develop Indian lands and resources; to extend to Indians the right

to form business and other organizations; to establish

a credit system for Indians; to grant certain rights of

home rule to Indians; to provide for vocational education for Indians; and for other purposes’ approved

June 18, 1934 (48 Stat. 984) [sections 461, 462, 463, 464, 465,

466 to 470, 471, 472, 473, 474, 475, 476 to 478 and 479 of this

title], are hereby declared to be a reservation for the

use and benefit of such Seminole Tribe in Florida.

‘‘SEC. 3. Nothing in this Act shall deprive any Indian

of any individual right, ownership, right of possession,

or contract right he may have in any land or interest

in land referred to in this Act.’’

CROSS REFERENCES

Conversion of exchange assignments of tribal lands

on certain Sioux reservations into trust titles, see sections 484 to 486 of this title.

Reservations wherein a majority of the adult Indians

vote against application of act of which this section is

a part, see section 478 of this title.

Right-of-way grant, consent of tribal officials, see

section 324 of this title.

Territories, colonies, or insular possessions of United

States and certain Indian tribes, application to, see

sections 473 and 473a of this title.

Umatilla Indian Reservation lands, application to,

see section 463g of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 463b, 473a, 475a,

608, 1300i–1, 1773c, 2202, 2719 of this title.

§ 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 indi-
§ 465b TITLE 25—INDIANS Page 190

vidual 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 section 412a of this title, except the

restrictions, immunities, or exemptions of the

second proviso of said section.

(Feb. 24, 1942, ch. 113, §1, 56 Stat. 121.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 465b of this title.

§ 465b. ‘‘Klamath Tribe of Indians’’ defined

As used in this section and section 465a of this

title the term ‘‘Klamath Tribe of Indians’’ includes the Klamath and Modoc Tribes, and the

Yahooskin Band of Snake Indians.

(Feb. 24, 1942, ch. 113, §2, 56 Stat. 121.)

§ 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, 48 Stat. 986.)

CROSS REFERENCES

Reservations wherein a majority of the adult Indians

vote against application of act of which this section is

a part, see section 478 of this title.

Right-of-way grant, consent of tribal officials, see

section 324 of this title.

Territories, colonies or insular possessions of United

States and certain Indian tribes, application to, see

section 473 of this title.

§ 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, 48 Stat. 986.)

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 461 of this title

and Tables.

CROSS REFERENCES

Reservations in New Mexico and Arizona, creation

and extension, see sections 211 and 463a to 463c of this

title.

Right-of-way grant, consent of tribal officials, see

section 324 of this title.

Territories, colonies, or insular possessions of United

States, and certain Indian tribes, application to, see

sections 473 and 473a of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 473, 473a,

1300i–1, 2719 of this title.

§ 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, 48 Stat. 986.)

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 461 of this title

and Tables.

CROSS REFERENCES

Right-of-way grant, consent of tribal officials, see

section 324 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 473a of this title.

§ 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, 48 Stat. 986.)

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 461 of this title

and Tables.

CROSS REFERENCES

Right-of-way grant, consent of tribal officials, see

section 324 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 473 of this title.

§ 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