Title 25IndiansRelease 119-73not60

§21 Untitled Section

Title 25 › Chapter 9— ALLOTMENT OF INDIAN LANDS › § 21

Last updated Apr 5, 2026|Official source

Summary

North Carolina may tax the band’s lands and other property, and the property of band members, except money the United States holds in trust, through the tax year immediately after this Act’s date. For that time, those taxes must be paid from the band’s common funds, except for tracts that were lawfully sold before state tax assessments could be made. Any tax placed on restricted allotments or undivided tribal land held in trust can be changed by the Commissioner of Indian Affairs for one year after it is put on the local tax rolls. If the Commissioner does nothing in that year, the assessment becomes final, though an allottee still has any rights under state law. Restricted and undivided property cannot be sold for unpaid taxes for two years after the taxes are due, and no late penalties can be charged during those two years so Congress can decide how to pay if band funds are not enough. After the tax year that follows the Act ends, allotted lands that no longer have restrictions will be taxed like other lands. But restricted allotments and undivided tribal property stay exempt from taxation until their transfer restrictions are removed or the band’s title is ended.

Full Legal Text

Title 25, §21

Indians — Source: USLM XML via OLRC

That all lands, and other property, of the band, or the members thereof, except funds held in trust by the United States, may be taxed by the State of North Carolina, to and including the tax year following the date of this Act. Such taxes shall be paid from the common funds of said band for such period, except upon such tracts as shall have been lawfully sold prior to the date when tax assessments can be made thereon under the State law. All tax assessments made pursuant to this Act on restricted allotments or undivided tribal property held in trust by the United States shall be subject to revision by the Commissioner of Indian Affairs for a period of one year following the date when such assessments are spread on the local tax rolls, but if he shall take no action thereon during said year, such assessments shall be final, but this shall not be construed to deprive any allottee of any remedy to which he would be entitled under the State law: Provided, That such restricted and undivided property shall be exempt from sale for unpaid taxes for two years from the date when such taxes become due and payable, and no penalty for delinquency in the payment of such taxes shall be charged or collected for or during said period, so that Congress may have an opportunity to make provision for the payment of such taxes if the band, or tribal, funds are found insufficient for the purpose.“After the expiration of the tax year following that in which this Act is approved all lands allotted to members of said band, from which restrictions shall have been removed, shall be subject to taxation the same as other lands. But from and after the expiration of said tax year all restricted allotments and undivided property shall be exempt from taxation until the restrictions on the alienation of such allotments are removed or the title of the band to such undivided property is extinguished.

Reference

Citations & Metadata

Citation

25 U.S.C. § 21

Title 25Indians

Last Updated

Apr 5, 2026

Release point: 119-73not60