§5201 — Title 25 Indians | U.S. Code

Summary

The Secretary of the Interior can get land, water rights, or surface rights for Native tribes, bands, groups, or individual Indians by buying them, accepting gifts, trading for them, or taking other transfers. The land can be inside or outside reservations, including lands already owned by Indians. It must be farm or grazing land of good quality and fit the needs of the people it’s for. Title will be held by the United States in trust for the tribe or person, and while the United States holds title the land is free from all taxes. The State of Oklahoma may still charge a gross‑production tax on oil and gas taken from those lands, but not higher than the rate it charges private land. The Secretary of the Interior must make sure that tax is paid.

Title 25, §5201

Indians — Source: USLM XML via OLRC

The Secretary of the Interior is authorized, in his discretion, to acquire by purchase, relinquishment, gift, exchange, or assignment, any interest in lands, water rights, or surface rights to lands, within or without existing Indian reservations, including trust or otherwise restricted lands now in Indian ownership: Provided, That such lands shall be agricultural and grazing lands of good character and quality in proportion to the respective needs of the particular Indian or Indians for whom such purchases are made. Title to all lands so acquired shall be taken in the name of the United States, in trust for the tribe, band, group, or individual Indian for whose benefit such land is so acquired, and while the title thereto is held by the United States said lands shall be free from any and all taxes, save that the State of Oklahoma is authorized to levy and collect a gross-production tax, not in excess of the rate applied to production from lands in private ownership, upon all oil and gas produced from said lands, which said tax the Secretary of the Interior is authorized and directed to cause to be paid.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 501 of this title prior to editorial reclassification and renumbering as this section.

Statutory Notes and Related Subsidiaries

Short Title

Act June 26, 1936, ch. 831, 49 Stat. 1967, which enacted this chapter, is popularly known as the “Oklahoma Welfare Act” and the “Oklahoma Indian Welfare Act”. References to This SectionReferences to this section in chapter 46 of this title deemed to include section 82a of this title, see section 5391 of this title.

§5201 Acquisition of Agricultural and Grazing Lands for Indians; Title to Lands; Tax Exemption