Page 199 TITLE 25—INDIANS § 487

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.

§ 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 (48 Stat. 984) [25 U.S.C.

461 et seq.], or the Act of June 26, 1936 (49 Stat.

1967) [25 U.S.C. 501 et seq.].

(May 14, 1948, ch. 293, 62 Stat. 236.)

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 section 461 of this title and Tables.

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 section 501 of this title

and Tables.

§ 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, 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.)

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 sentence.

1984—Pub. L. 98–608 designated existing provisions as

subsec. (a) and added subsec. (b).

§ 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 section 348 of this title, as supplemented, except that the period of trust and tax exemption

shall continue until otherwise directed by Congress.

(July 14, 1954, ch. 472, §1, 68 Stat. 467.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 486 of this title.

§ 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, 68 Stat. 468.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 486 of this title.

§ 486. Regulations

The Secretary of the Interior is authorized to

prescribe such regulations as may be necessary

to carry out the provisions of sections 484 to 486

of this title.

(July 14, 1954, ch. 472, §3, 68 Stat. 468.)

§ 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.