Title 25 — IndiansRelease 119-73
§5139 Tribal rights and privileges in connection with loans
Title 25 › Chapter CHAPTER 45— - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES › § 5139
Summary
Under sections 5136–5143, a tribe/tribal corporation may waive legal immunity in writing and may mortgage trust/restricted property as loan security if its constitution/charter or a tribal referendum allows it and the Secretary of Interior approves; it must follow Agriculture Secretary rules.
Full Legal Text
Title 25, §5139
Indians — Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification Section was formerly classified to section 490 of this title prior to editorial reclassification and renumbering as this section.
Reference
Citations & Metadata
Citation
25 U.S.C. § 5139
Title 25 — Indians
Last Updated
Apr 6, 2026
Release point: 119-73