Title 25 — IndiansRelease 119-73not60
§5139 Tribal Rights and Privileges in Connection with Loans
Title 25 › Chapter 45— PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES › § 5139
Summary
For loans made or insured under sections 5136 to 5143, a tribe or its tribal corporation can give up legal immunity from being sued, but that waiver must be written. The tribe can use trust or restricted land or other trust property as loan collateral if its constitution or charter allows it or the tribe approves by referendum, and the Secretary of the Interior also approves. The tribe must follow the rules the Secretary of Agriculture sets for those loans.
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 5, 2026
Release point: 119-73not60