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Title 25 — IndiansRelease 119-73

§5124 Incorporation of Indian tribes; charter; ratification by election

Title 25 › Chapter CHAPTER 45— - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES › § 5124

Last updated Apr 6, 2026|Official source

Summary

The Secretary of the Interior can give a tribe a corporate charter if the tribe asks for one. The charter only starts when the tribe’s governing body approves it. It can let the tribe buy, receive, own, manage, run, and sell all kinds of property, including buying restricted Indian lands and trading corporate interests for them, plus other business powers allowed by law. The charter cannot allow selling, mortgaging, or leasing trust or restricted reservation lands for more than 25 years. Once issued, it can only be revoked or surrendered by an Act of Congress.

Full Legal Text

Title 25, §5124

Indians — Source: USLM XML via OLRC

The Secretary of the Interior may, upon petition by any tribe, issue a charter of incorporation to such tribe: Provided, That such charter shall not become operative until ratified by the governing body of such tribe. Such charter may convey to the incorporated tribe the power to purchase, take by gift, or bequest, or otherwise, own, hold, manage, operate, and dispose of property of every description, real and personal, including the power to purchase restricted Indian lands and to issue in exchange therefor interests in corporate property, and such further powers as may be incidental to the conduct of corporate business, not inconsistent with law; but no authority shall be granted to sell, mortgage, or lease for a period exceeding twenty-five years any trust or restricted lands included in the limits of the reservation. Any charter so issued shall not be revoked or surrendered except by Act of Congress.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 477 of this title prior to editorial reclassification and renumbering as this section.

Amendments

1990—Pub. L. 101–301 substituted “by any tribe” for “by at least one-third of the adult Indians”, “by the governing body of such tribe” for “at a special election by a majority vote of the adult Indians living on the reservation”, and “twenty-five years any trust or restricted lands” for “ten years any of the land”.

Reference

Citations & Metadata

Citation

25 U.S.C. § 5124

Title 25 — Indians

Last Updated

Apr 6, 2026

Release point: 119-73