Title 25, IndiansRelease 119-102
§5124 Incorporation of Indian Tribes; Charter; Ratification by Election
Title 25 › CHAPTER 45 — PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES › § 5124
Summary
The Secretary of the Interior may give a tribe a charter if the tribe asks and its leaders ratify it. The charter lets the tribe own, manage, and transfer any property, including restricted Indian lands and exchange corporate interests. Trust or restricted lands within the reservation cannot be sold, mortgaged, or leased for more than 25 years. Only Congress can revoke.
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
Aug 21, 2026
Release point: 119-102