25 U.s.c. 465

§ 465

TITLE 25—INDIANS
REFERENCES IN TEXT

This Act, referred to in text, is act June 18, 1934,
which is classified generally to this subchapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 461 of this title
and Tables.
The Indian Land Consolidation Act, referred to in
text, is title II of Pub. L. 97–459, Jan. 12, 1983, 96 Stat.
2517, as amended, which is classified generally to chapter 24 (§ 2201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note
set out under section 2201 of this title and Tables.
AMENDMENTS
2006—Pub. L. 109–221 amended section catchline and
text generally. Prior to amendment, text related to
transfer and exchange of restricted Indian land and
shares of Indian tribes and corporations.
2005—Pub. L. 109–157 amended section catchline and
text generally. Prior to amendment, text related to
transfer of restricted Indian lands or shares in assets of
Indian tribes or corporation and exchange of lands.
2004—Pub. L. 108–374, § 6(d)(1), (2), in first proviso,
struck out ‘‘, in accordance with the then existing laws
of the State, or Federal laws where applicable, in which
said lands are located or in which the subject matter of
the corporation is located,’’ after ‘‘descend or be devised’’ and ‘‘, except as provided by the Indian Land
Consolidation Act, any other Indian person for whom
the Secretary of the Interior determines that the
United States may hold land in trust:’’ after ‘‘lineal descendants of such member or’’.
Pub. L. 108–374, § 6(d)(3), which directed insertion of
‘‘in accordance with the Indian Land Consolidation Act
(25 U.S.C. 2201 et seq.) (including a tribal probate code
approved under that Act or regulations promulgated
under that Act):’’ in first proviso without specifying
where the insertion was to be made, was executed by
making the insertion at end of first proviso, to reflect
the probable intent of Congress.
2000—Pub. L. 106–462, which directed the amendment
of this section by substituting ‘‘member or, except as
provided by the Indian Land Consolidation Act,’’ for
‘‘member or:’’, was executed by making the substitution for ‘‘member or’’ before ‘‘any other Indian person’’ to reflect the probable intent of Congress because
the phrase ‘‘member or:’’ did not appear in text.
1980—Pub. L. 96–363, which directed the amendment of
the first proviso of this section by substituting ‘‘or any
heirs or lineal descendants of such member or any
other Indian person for whom the Secretary of the Interior determines that the United States may hold land
in trust’’ for ‘‘or any heirs of such members’’, was executed by making the substitution for ‘‘or any heirs of
such member’’ to reflect the probable intent of Congress.
EFFECTIVE DATE OF 2006 AMENDMENT
Amendment by Pub. L. 109–221 effective as if included
in the enactment of Pub. L. 108–374, see section 501(c) of
Pub. L. 109–221, set out as a note under section 348 of
this title.
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109–157, § 9, Dec. 30, 2005, 119 Stat. 2953, provided that: ‘‘The amendments made by this Act
[amending this section, sections 2204 to 2206, 2212, 2214,
and 2216 of this title and provisions set out as a note
under section 2201 of this title] shall be effective as if
included in the American Indian Probate Reform Act of
2004 (25 U.S.C. 2201 note; Public Law 108–374).’’
EFFECTIVE DATE OF 2004 AMENDMENT
Amendment by Pub. L. 108–374 applicable on and after
the date that is 1 year after June 20, 2005, see section
8(b) of Pub. L. 108–374, as amended, set out as a Notice;
Effective Date of 2004 Amendment note under section
2201 of this title.

Page 194

§ 465. Acquisition of lands, water rights or surface rights; appropriation; title to lands; tax
exemption
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.
(June 18, 1934, ch. 576, § 5, 48 Stat. 985; Pub. L.
100–581, title II, § 214, Nov. 1, 1988, 102 Stat. 2941.)
REFERENCES IN TEXT
This Act, referred to in text, is act June 18, 1934,
which is classified generally to this subchapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 461 of this title
and Tables.
Act of July 28, 1955, referred to in text, is act July 28,
1955, ch. 423, 69 Stat. 392, as amended, which is classified
to sections 608 to 608c of this title. For complete classification of this Act to the Code, see Tables.
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’’.
PAYSON BAND, YAVAPAI-APACHE INDIAN RESERVATION
Pub. L. 92–470, Oct. 6, 1972, 86 Stat. 783, provided:
‘‘That (a) a suitable site (of not to exceed eighty-five
acres) for a village for the Payson Community of
Yavapai-Apache Indians shall be selected in the Tonto
National Forest within Gila County, Arizona, by the
leaders of the community, subject to approval by the
Secretary of the Interior and the Secretary of Agriculture. The site so selected is hereby declared to be
held by the United States in trust as an Indian reservation for the use and benefit of the Payson Community
of Yavapai-Apache Indians.
‘‘(b) The Payson Community of Yavapai-Apache Indians shall be recognized as a tribe of Indians within the
purview of the Act of June 18, 1934, as amended (25
U.S.C. 461–479, relating to the protection of Indians and
conservation of resources), and shall be subject to all of
the provisions thereof.’’

Page 195

§ 469

TITLE 25—INDIANS
ROCKY BOY’S INDIAN RESERVATION

Pub. L. 85–773, Aug. 27, 1958, 72 Stat. 931, provided:
‘‘That the land acquired by the United States pursuant
to section 5 of the Act of June 18, 1934 (48 Stat. 984)
[this section], title to which was conveyed to the
United States of America in trust for the Chippewa,
Cree, and other Indians of Montana, and thereafter
added to the Rocky Boy’s Indian Reservation, Montana, by proclamation signed by the Assistant Secretary of the Interior on November 26, 1947, is hereby
designated for the exclusive use of the members of the
Chippewa Cree Tribe of the Rocky Boy’s Reservation,
Montana.’’
SEMINOLE INDIAN RESERVATION
Act July 20, 1956, ch. 645, 70 Stat. 581, provided: ‘‘That
the equitable title to the lands and interests in lands
together with the improvements thereon, acquired by
the United States under authority of title II of the National Industrial Recovery Act, approved June 16, 1933
(48 Stat. 200), the Emergency Relief Appropriation Act
of 1935, approved April 8, 1935 (49 Stat. 115), and section
55 of the Act entitled ‘An Act to amend the Agricultural Adjustment Act, and for other purposes’, approved August 24, 1935 (49 Stat. 750, 781), administrative
jurisdiction over which was transferred from the Secretary of Agriculture to the Secretary of the Interior
by Executive Order Numbered 7868, dated April 15, 1938,
for the use of the Seminole Tribe, is hereby conveyed
to the Seminole Tribe of Indians in the State of Florida, and such lands and interests are hereby declared to
be held by the United States in trust for the Seminole
Tribe of Indians in the State of Florida in the same
manner and to the same extent as other land held in
trust for such tribe.
‘‘SEC. 2. The lands declared to be held in trust for the
Seminole Tribe of Indians in the State of Florida under
the first section of this Act and all lands which have
been acquired by the United States for the Seminole
Tribe of Indians in the State of Florida under authority
of the Act entitled ‘An Act to conserve and develop Indian lands and resources; to extend to Indians the right
to form business and other organizations; to establish
a credit system for Indians; to grant certain rights of
home rule to Indians; to provide for vocational education for Indians; and for other purposes’ approved
June 18, 1934 (48 Stat. 984) [sections 461, 462, 463, 464, 465,
466 to 470, 471, 472, 473, 474, 475, 476 to 478 and 479 of this
title], are hereby declared to be a reservation for the
use and benefit of such Seminole Tribe in Florida.
‘‘SEC. 3. Nothing in this Act shall deprive any Indian
of any individual right, ownership, right of possession,
or contract right he may have in any land or interest
in land referred to in this Act.’’

§ 465a. Receipt and purchase in trust by United
States of land for Klamath Tribe Indians
The Secretary of the Interior is authorized to
receive on behalf of the United States from individual members of the Klamath Tribe of Indians
voluntarily executed deeds to such lands as said
Indians may own in fee simple free from all encumbrances, said lands to be held in trust by the
United States for said Indians and their heirs;
and, whenever restricted funds are used for the
purchase of lands for individual members of the
Klamath Tribe of Indians, the Secretary of the
Interior is authorized, in his discretion, to take
title to said lands in the United States, the
same to be held in trust for said individual Indians: Provided, however, That while any of the
foregoing lands are held in trust by the United
States for said Indians, the same shall be subject to the same restrictions, immunities, and
exemptions as homesteads purchased out of
trust or restricted funds of individual Indians

pursuant to section 412a of this title, except the
restrictions, immunities, or exemptions of the
second proviso of said section.
(Feb. 24, 1942, ch. 113, § 1, 56 Stat. 121.)
§ 465b. ‘‘Klamath Tribe of Indians’’ defined
As used in this section and section 465a of this
title the term ‘‘Klamath Tribe of Indians’’ includes the Klamath and Modoc Tribes, and the
Yahooskin Band of Snake Indians.
(Feb. 24, 1942, ch. 113, § 2, 56 Stat. 121.)
§ 466. Indian forestry units; rules and regulations
The Secretary of the Interior is directed to
make rules and regulations for the operation
and management of Indian forestry units on the
principle of sustained-yield management, to restrict the number of livestock grazed on Indian
range units to the estimated carrying capacity
of such ranges, and to promulgate such other
rules and regulations as may be necessary to
protect the range from deterioration, to prevent
soil erosion, to assure full utilization of the
range, and like purposes.
(June 18, 1934, ch. 576, § 6, 48 Stat. 986.)
§ 467. New Indian reservations
The Secretary of the Interior is hereby authorized to proclaim new Indian reservations on
lands acquired pursuant to any authority conferred by this Act, or to add such lands to existing reservations: Provided, That lands added to
existing reservations shall be designated for the
exclusive use of Indians entitled by enrollment
or by tribal membership to residence at such
reservations.
(June 18, 1934, ch. 576, § 7, 48 Stat. 986.)
REFERENCES IN TEXT
This Act, referred to in text, is act June 18, 1934,
which is classified generally to this subchapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 461 of this title
and Tables.

§ 468. Allotments or holdings outside of reservations
Nothing contained in this Act shall be construed to relate to Indian holdings of allotments
or homesteads upon the public domain outside
of the geographic boundaries of any Indian reservation now existing or established hereafter.
(June 18, 1934, ch. 576, § 8, 48 Stat. 986.)
REFERENCES IN TEXT
This Act, referred to in text, is act June 18, 1934,
which is classified generally to this subchapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 461 of this title
and Tables.

§ 469. Indian corporations; appropriation for organizing
There is authorized to be appropriated, out of
any funds in the Treasury not otherwise appropriated, such sums as may be necessary, but not
to exceed $250,000 in any fiscal year, to be expended at the order of the Secretary of the Inte-