25 U.S.C. § 5108: Acquisition of lands, water…

Summary

The Secretary of the Interior can buy or accept land, water rights, or surface rights for Indians. The Secretary may get these interests by purchase, gift, exchange, relinquishment, or assignment. This can include land inside or outside reservations and restricted allotments, whether the allottee is alive or dead. Up to $2,000,000 may be provided each fiscal year from Treasury funds for buying land and paying related costs. Unused money stays available until spent. No funds may be used to buy land outside the Navajo Reservation boundaries for Navajo Indians in Arizona, and not in New Mexico if a law defining those boundaries becomes effective. Land bought this way is held in the United States’ name as a trust for the tribe or person and is exempt from state and local taxes.

Title 25, §5108

Indians, Source: USLM XML via OLRC

The Secretary of the Interior is authorized, in his discretion, to acquire, through purchase, relinquishment, gift, exchange, or assignment, any interest in lands, water rights, or surface rights to lands, within or without existing reservations, including trust or otherwise restricted allotments, whether the allottee be living or deceased, for the purpose of providing land for Indians. For the acquisition of such lands, interests in lands, water rights, and surface rights, and for expenses incident to such acquisition, there is authorized to be appropriated, out of any funds in the Treasury not otherwise appropriated, a sum not to exceed $2,000,000 in any one fiscal year: Provided, That no part of such funds shall be used to acquire additional land outside of the exterior boundaries of Navajo Indian Reservation for the Navajo Indians in Arizona, nor in New Mexico, in the event that legislation to define the exterior boundaries of the Navajo Indian Reservation in New Mexico, and for other purposes, or similar legislation, becomes law. The unexpended balances of any appropriations made pursuant to this section shall remain available until expended. Title to any lands or rights acquired pursuant to this Act or the Act of July 28, 1955 (69 Stat. 392), as amended (25 U.S.C. 608 et seq.) shall be taken in the name of the United States in trust for the Indian tribe or individual Indian for which the land is acquired, and such lands or rights shall be exempt from State and local taxation.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in text, is act June 18, 1934, ch. 576, 48 Stat. 984, popularly known as the Indian Reorganization Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 5101 of this title and Tables. Act of

July 28, 1955, referred to in text, is act

July 28, 1955, ch. 423, 69 Stat. 392, which was classified to sections 608 to 608c of this title prior to omission from the Code as being of special and not general application. Codification Section was formerly classified to section 465 of this title prior to editorial reclassification and renumbering as this section.

Amendments

1988—Pub. L. 100–581 inserted “or the Act of July 28, 1955 (69 Stat. 392), as amended (25 U.S.C. 608 et seq.)” after “this Act”.

§5108 Acquisition of Lands, Water Rights or Surface Rights; Appropriation; Title to Lands; Tax Exemption