25 U.S.C. § 5101 — Allotment of land on Indian reservations

Page 691 TITLE 25—INDIANS § 5103 Sec. 5116. Standards for Indians appointed to In- dian Office. 5117. Indian preference laws applicable to Bu- reau of Indian Affairs and Indian Health Service positions. 5118. Application generally. 5119. Application to Alaska. 5120. Continuation of allowances. 5121. Claims or suits of Indian tribes against United States; rights unimpaired. 5122. Offsets of gratuities. 5123. Organization of Indian tribes; constitu- tion and bylaws and amendment there- of; special election. 5124. Incorporation of Indian tribes; charter; ratification by election. 5125. Acceptance optional. 5126. Mandatory application of sections 5102 and 5124. 5127. Procedure. 5128. Application of laws and treaties. 5129. Definitions. 5130. Definitions. 5131. Publication of list of recognized tribes. 5132. Indians eligible for loans. 5133. Revolving fund; loans; regulations. 5134. Sale of land by individual Indian owners. 5135. Mortgages and deeds of trust by indi- vidual Indian owners; removal from trust or restricted status; application to Secretary. 5136. Loans to purchasers of highly fractioned land. 5137. Removal of duplicative appraisals. 5138. Title in trust to United States. 5139. Tribal rights and privileges in connec- tion with loans. 5140. Mortgaged property governed by State law. 5141. Interest rates and taxes. 5142. Reduction of unpaid principal. 5143. Authorization of appropriations. 5144. Certification of rental proceeds. § 5101. Allotment of land on Indian reservations On and after June 18, 1934, no land of any In- dian 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, 48 Stat. 984.) Editorial Notes CODIFICATION Section was formerly classified to section 461 of this title prior to editorial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–204, § 1(a), Mar. 2, 2004, 118 Stat. 542, pro- vided that: ‘‘This Act [amending section 5123 of this title and former sections 640d–24 and 712e of this title and provisions set out as notes under section 301 of Title 7, Agriculture, section 7420 of Title 10, Armed Forces, and section 431 of Title 16, Conservation] may be cited as the ‘Native American Technical Corrections Act of 2004’.’’ SHORT TITLE OF 1994 AMENDMENT Pub. L. 103–454, title I, § 101, Nov. 2, 1994, 108 Stat. 4791, provided that: ‘‘This title [enacting sections 5130 and 5131 of this title and provisions set out as a note under section 5130 of this title] may be cited as the ‘Federally Recognized Indian Tribe List Act of 1994’.’’ SHORT TITLE Act June 18, 1934, ch. 576, 48 Stat. 984, which enacted this section and sections 5102, 5103, 5107 to 5113, 5115, 5116, 5118, 5120, 5121, 5123 to 5125, and 5129 of this title, is popularly known as the ‘‘Indian Reorganization Act’’. § 5102. 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 other- wise directed by Congress. (June 18, 1934, ch. 576, § 2, 48 Stat. 984.) Editorial Notes CODIFICATION Section was formerly classified to section 462 of this title prior to editorial reclassification and renumbering as this section. § 5103. 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 sur- plus lands of any Indian reservation heretofore opened, or authorized to be opened, to sale, or any other form of disposal by Presidential proc- lamation, 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 with- drawal shall not be affected by this Act: Pro- vided further, That this section shall not apply to lands within any reclamation project here- tofore authorized in any Indian reservation. (b) Papago Indians; permits for easements, etc. (1), (2) Repealed. May 27, 1955, ch. 106, § 1, 69 Stat. 67. (3) Water reservoirs, charcos, water holes, springs, wells, or any other form of water devel- opment by the United States or the Papago Indi- ans 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 here- tofore or hereafter affected, by the Papago Indi- ans 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, 48 Stat. 984; Aug. 28, 1937, ch. 866, 50 Stat. 862; May 27, 1955, ch. 106, § 1, 69 Stat. 67.) Editorial Notes REFERENCES IN TEXT ‘‘Heretofore’’, referred to in subsec. (a), means before June 18, 1934. This Act, referred to in subsecs. (a) and (b)(3), is act June 18, 1934, ch. 576, 48 Stat. 984, popularly known as