Title 25 — IndiansRelease 119-73
§86 Encumbrances on lands allotted to applicants for enrollment in Five Civilized Tribes; use of interest on tribal funds
Title 25 › Chapter CHAPTER 3— - AGREEMENTS WITH INDIANS › Subchapter SUBCHAPTER II— - CONTRACTS WITH INDIANS › § 86
Summary
Land given to someone applying to be a citizen of the Five Civilized Tribes, whether an Indian or a freedman, cannot be taken or used to pay any deed, debt, or other obligation made before the land can legally be sold under U.S. law. Interest earned on tribal funds deposited in Oklahoma banks can be used, under the Act of March 3, 1911 and the direction of the Secretary of the Interior, to pay the costs of per‑person payments that Congress approved.
Full Legal Text
Title 25, §86
Indians — Source: USLM XML via OLRC
Land allotted to any applicant for enrollment as a citizen in the Five Civilized Tribes whether an Indian or freedman, shall not be affected or encumbered by any deed, debt, or obligation of any character contracted prior to the time at which said land may be alienated under the laws of the United States: Provided further, That the interest accruing from tribal funds and deposited in banks in the State of Oklahoma may be used as authorized by the Act of March third, nineteen hundred and eleven, under the direction of the Secretary of the Interior, to defray the expense of per capita payments authorized by Congress.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
Act of March third, nineteen hundred and eleven, referred to in text, is act Mar. 3, 1911, ch. 210, 36 Stat. 1060, which, insofar as classified to the Code, enacted section 11, 118, 143, 156, 300, and 301 of this title. For classification of this Act to the Code, see Tables.
Amendments
1948—Act June 25, 1948, struck out provisions relating to prohibiting contracts for compensation for services in relation to enrollment in the Five Civilized Tribes.
Statutory Notes and Related Subsidiaries
Effective Date
of 1948 AmendmentAmendment by act June 25, 1948 effective Sept. 1, 1948.
Executive Documents
Transfer of Functions
For
Transfer of Functions
of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.
Reference
Citations & Metadata
Citation
25 U.S.C. § 86
Title 25 — Indians
Last Updated
Apr 6, 2026
Release point: 119-73