dreamproit/uscode huggingface dataset:
25 U.S.C. § 5135 (INDIANS)
§ 5135. 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.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 483a of this title prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 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).
25 U.S.C. § 5137 (INDIANS)
§ 5137. Removal of duplicative appraisals
Notwithstanding any other law (including regulations), 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 Secretary of the Interior.
(Pub. L. 113–79, title V, § 5403, Feb. 7, 2014, 128 Stat. 840.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 488a of this title prior to editorial reclassification and renumbering as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Definition of “Secretary”
text: “Secretary” as meaning the Secretary of Agriculture, see section 9001 of Title 7, Agriculture.
25 U.S.C. § 5138 (INDIANS)
§ 5138. Title in trust to United States
Title to land acquired by a tribe or tribal corporation 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.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 489 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5139 (INDIANS)
§ 5139. Tribal rights and privileges in connection with loans
A tribe or tribal corporation to which a loan is made or insured pursuant to sections 5136 to 5143 of this title (1) may waive in writing any immunity from suit or liability which it may possess, (2) may mortgage or otherwise hypothecate trust or restricted property if (a) authorized by its constitution or charter or by a tribal referendum, and (b) approved by the Secretary of the Interior, and (3) shall comply with rules and regulations prescribed by the Secretary of Agriculture in connection with such loans.
(Pub. L. 91–229, § 3, Apr. 11, 1970, 84 Stat. 120.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 490 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5140 (INDIANS)
§ 5140. Mortgaged property governed by State law
Trust or restricted tribal or tribal corporation property mortgaged pursuant to sections 5136 to 5143 of this title shall be subject to foreclosure and sale or conveyance in lieu of foreclosure, free of such trust or restrictions, in accordance with the laws of the State in which the property is located.
(Pub. L. 91–229, § 4, Apr. 11, 1970, 84 Stat. 120.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 491 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5141 (INDIANS)
§ 5141. Interest rates and taxes
Loans made or insured pursuant to sections 5136 to 5143 of this title will be subject to the interest rate provisions of section 307(a)(3)(B) of the Consolidated Farmers Home Administration Act of 1961, as amended [7 U.S.C. 1927(a)(3)(B)], and to the provisions of subtitle D of that Act [7 U.S.C. 1981 et seq.] except sections 340 [7 U.S.C. 1990], 341, 342 [7 U.S.C. 1013a], and 343 [7 U.S.C. 1991] thereof: Provided, That section 334 [7 U.S.C. 1984] thereof shall not be construed to subject to taxation any lands or interests therein while they are held by an Indian tribe or tribal corporation or by the United States in trust for such tribe or tribal corporation pursuant to sections 5136 to 5143 of this title.
(Pub. L. 91–229, § 5, Apr. 11, 1970, 84 Stat. 120; Pub. L. 101–624, title XVIII, § 1854(a), Nov. 28, 1990, 104 Stat. 3837.)
heading: Editorial Notes
heading: References in Text
text: The Consolidated Farmers Home Administration Act of 1961, referred to in text, is now the Consolidated Farm and Rural Development Act, Pub. L. 87–128, title III, Aug. 8, 1961, 75 Stat. 307. Subtitle D of the Consolidated Farm and Rural Development Act is classified principally to subchapter IV (§ 1981 et seq.) of chapter 50 of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1921 of Title 7 and Tables.
Section 341 of that Act is set out as a note under section 1921 of Title 7.
heading: Codification
text: Section was formerly classified to section 492 of this title prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 1990—Pub. L. 101–624 substituted “section 307(a)(3)(B)” for “section 307(a)”.
25 U.S.C. § 5142 (INDIANS)
§ 5142. 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 sections 5136 to 5143 of this title, reduce the unpaid principal balance of such loan or loans to the current fair market value of the land purchased with the proceeds of the loan or loans if—
(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 (7 U.S.C. 1983b).
(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.
(Pub. L. 91–229, § 6, as added Pub. L. 101–82, title III, § 303, Aug. 14, 1989, 103 Stat. 583.)
heading: Editorial Notes
heading: References in Text
text: Section 333B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1983b), referred to in subsec. (c), probably means section 333B of Pub. L. 87–128, as added by Pub. L. 99–198, title XIII, § 1313(a), Dec. 23, 1985, 99 Stat. 1525, and amended, which related to appeals from adverse decisions under the Act, prior to repeal by Pub. L. 103–354, title II, § 281(c), Oct. 13, 1994, 108 Stat. 3233, and enactment of a new section 333B of Pub. L. 87–128 by Pub. L. 110–234, title V, § 5301, May 22, 2008, 122 Stat. 1147, and Pub. L. 110–246, title V, § 5301, June 18, 2008, 122 Stat. 1908, which established a beginning farmers’ pilot program.
heading: Codification
text: Another section 6 of Pub. L. 91–229 was added by Pub. L. 101–624, title XVIII, § 1854(b), Nov. 28, 1990, 104 Stat. 3837, and is classified to section 5143 of this title.
Section was formerly classified to section 493 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5143 (INDIANS)
§ 5143. Authorization of appropriations
There are authorized to be appropriated to carry out sections 5136 to 5143 of this title $8,000,000 for each of the fiscal years 1991 through 1995.
(Pub. L. 91–229, § 6, as added Pub. L. 101–624, title XVIII, § 1854(b), Nov. 28, 1990, 104 Stat. 3837.)
heading: Editorial Notes
heading: Codification
text: Another section 6 of Pub. L. 91–229 was added by Pub. L. 101–82, title III, § 303, Aug. 14, 1989, 103 Stat. 583, and is classified to section 5142 of this title.
Section was formerly classified to section 494 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5144 (INDIANS)
§ 5144. Certification of rental proceeds
Notwithstanding any other provision of law, any actual rental proceeds from the lease of land acquired under section 5136 of this title certified by the Secretary of the Interior shall be deemed—
(1) to constitute the rental value of that land; and
(2) to satisfy the requirement for appraisal of that land.
(Pub. L. 109–221, title II, § 203, May 12, 2006, 120 Stat. 341.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 494a of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5201 (INDIANS)
§ 5201. Acquisition of agricultural and grazing lands for Indians; title to lands; tax exemption
The Secretary of the Interior is authorized, in his discretion, to acquire by purchase, relinquishment, gift, exchange, or assignment, any interest in lands, water rights, or surface rights to lands, within or without existing Indian reservations, including trust or otherwise restricted lands now in Indian ownership: Provided, That such lands shall be agricultural and grazing lands of good character and quality in proportion to the respective needs of the particular Indian or Indians for whom such purchases are made. Title to all lands so acquired shall be taken in the name of the United States, in trust for the tribe, band, group, or individual Indian for whose benefit such land is so acquired, and while the title thereto is held by the United States said lands shall be free from any and all taxes, save that the State of Oklahoma is authorized to levy and collect a gross-production tax, not in excess of the rate applied to production from lands in private ownership, upon all oil and gas produced from said lands, which said tax the Secretary of the Interior is authorized and directed to cause to be paid.
(June 26, 1936, ch. 831, § 1, 49 Stat. 1967.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 501 of this title prior to editorial reclassification and renumbering as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Act June 26, 1936, ch. 831, 49 Stat. 1967, which enacted this chapter, is popularly known as the “Oklahoma Welfare Act” and the “Oklahoma Indian Welfare Act”.
heading: References to This Section
text: References to this section in chapter 46 of this title deemed to include section 82a of this title, see section 5391 of this title.
25 U.S.C. § 5202 (INDIANS)
§ 5202. Purchase of restricted Indian lands; preference to Secretary of the Interior; waiver of preference
Whenever any restricted Indian land or interests in land, other than sales or leases of oil, gas, or other minerals therein, are offered for sale, pursuant to the terms of this chapter or any other Act of Congress, the Secretary of the Interior shall have a preference right, in his discretion, to purchase the same for or in behalf of any other Indian or Indians of the same or any other tribe, at a fair valuation to be fixed by the appraisement satisfactory to the Indian owner or owners, or if offered for sale at auction said Secretary shall have a preference right, in his discretion, to purchase the same for or in behalf of any other Indian or Indians by meeting the highest bid otherwise offered therefor.
The preference right of the Secretary to purchase shall be considered as waived where notice of the pendency of sale is given in writing to the Superintendent of the Five Civilized Tribes for at least ten days prior to the date of sale and the Secretary does not within that time exercise the preferential right to purchase.
(June 26, 1936, ch. 831, § 2, 49 Stat. 1967; Aug. 4, 1947, ch. 458, § 10, 61 Stat. 734.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 502 of this title prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 1947—Act Aug. 4, 1947, added second paragraph.
25 U.S.C. § 5203 (INDIANS)
§ 5203. 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. 5101 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.)
heading: Editorial Notes
heading: References in Text
text: Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to chapter 45 (§ 5101 et seq.) 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.
heading: Codification
text: Section was formerly classified to section 503 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5204 (INDIANS)
§ 5204. 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. 5101 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 chapter, 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 chapter, 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.)
heading: Editorial Notes
heading: References in Text
text: Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to chapter 45 (§ 5101 et seq.) of this title. Provisions of the Act defining “Indian” appear in section 5129 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.
heading: Codification
text: Section was formerly classified to section 504 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5205 (INDIANS)
§ 5205. Amendment or revocation of charters; suits by and against associations
The charters of any cooperative association organized pursuant to section 5204 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.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 505 of this title prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 1948—Act June 25, 1948, struck out provisions relating to procedure for removal.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1948 Amendment
text: Act June 25, 1948, ch. 646, § 38, 62 Stat. 992, provided that the amendment made by that act is effective Sept 1, 1948.
25 U.S.C. § 5206 (INDIANS)
§ 5206. 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 chapter. For the making of such loans and for expenses of the cooperative associations organized pursuant to this chapter 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.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 506 of this title prior to editorial reclassification and renumbering as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Administration of Funds in Revolving Fund
text: Funds authorized by act June 26, 1936, to be administered as a single Indian Revolving Loan Fund after Apr. 12, 1974, see section 1461 of this title.
25 U.S.C. § 5207 (INDIANS)
§ 5207. Availability and allocation of funds; royalties from mineral deposits
All funds appropriated under the several grants of authority contained in the Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 5101 et seq.], are hereby made available for use under the provisions of this chapter, and Oklahoma Indians shall be accorded and allocated a fair and just share of any and all funds appropriated after June 26, 1936, under the authorization herein set forth: Provided, That any royalties, bonuses, or other revenues derived from mineral deposits underlying lands purchased in Oklahoma under the authority granted by this chapter, or by the Act of June 18, 1934, shall be deposited in the Treasury of the United States, and such revenues are made available for expenditure by the Secretary of the Interior for the acquisition of lands and for loans to Indians in Oklahoma as authorized by this chapter and by the Act of June 18, 1934 (48 Stat. 984).
(June 26, 1936, ch. 831, § 7, 49 Stat. 1968.)
heading: Editorial Notes
heading: References in Text
text: Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to chapter 45 (§ 5101 et seq.) 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.
heading: Codification
text: Section was formerly classified to section 507 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5208 (INDIANS)
§ 5208. Application of provisions to Osage County
This chapter shall not relate to or affect Osage County, Oklahoma.
(June 26, 1936, ch. 831, § 8, 49 Stat. 1968.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 508 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5209 (INDIANS)
§ 5209. Rules and regulations; repeals
The Secretary of the Interior is authorized to prescribe such rules and regulations as may be necessary to carry out the provisions of this chapter. All Acts or parts of Acts inconsistent with this chapter are repealed.
(June 26, 1936, ch. 831, § 9, 49 Stat. 1968.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 509 of this title prior to editorial reclassification and renumbering as this section.
25 U.S.C. § 5210 (INDIANS)
§ 5210. Payment of gross production taxes; method
Whenever restricted Indian lands in the State of Oklahoma are subject to gross production tax on minerals, including oil and gas, the Secretary of the Interior, in his discretion, may cause such tax or taxes due the State of Oklahoma to be paid in the manner provided for by the statutes of the State of Oklahoma.
(Aug. 25, 1937, ch. 772, 50 Stat. 806.)
heading: Editorial Notes
heading: Codification
text: This section was not enacted as part of act June 26, 1936, ch. 831, 49 Stat. 1967, which comprises this chapter.
Section was formerly classified to section 510 of this title prior to editorial reclassification and renumbering as this section.