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Title 25 — Indians

Chapter 45 — Protection of Indians and Conservation of Resources

§ 5104. Exchanges of land

Statutory text

For the purpose of effecting land consolidations between Indians and non-Indians within the reservation, the Secretary of the Interior is authorized, under such rules and regulations as he may prescribe, to acquire through purchase, exchange, or relinquishment, any interest in lands, water rights, or surface rights to lands within said reservation. Exchanges of lands hereunder shall be made on the basis of equal value and the value of improvements on lands to be relinquished to the Indians or by Indians to non-Indians shall be given due consideration and allowance made therefor in the valuation of lieu lands. This section shall apply to tribal, trust, or otherwise restricted Indian allotments whether the allottee be living or deceased.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 76–662 § 2 · 53 Stat. 1351

    Enacted · 25 U.S.C. § 5104

    (Aug. 10, 1939, ch. 662, § 2, 53 Stat. 1351.)

    Source evidence

    Code source credit
    (Aug. 10, 1939, ch. 662, § 2, 53 Stat. 1351.)

    Enacted provision · exact public law section
    Sec. 2. For the purpose of effecting land consolidations between Consolidations through purchase, exchange, or relinquishment. Indians and non-Indians within the reservation, the Secretary of the Interior is hereby authorized, under such rules and regulations as he may prescribe, to acquire through purchase, exchange, or relinquishment, any interest in lands, water rights, or surface rights to lands within said reservation. Exchanges of lands hereunder Basis of exchanges. shall be made on the basis of equal value and the value of improvements on lands to be relinquished to the Indians or by Indians to non-Indians shall be given due consideration and allowance made therefor in the valuation of lieu lands. This section shall apply to Restricted allotments included. tribal, trust, or otherwise restricted Indian allotments whether the allottee be living or deceased.

1 of 1 references resolved to an enrolled provision

Editorial Notes

Codification

Section was formerly classified to section 463e of this title prior to editorial reclassification and renumbering as this section.

Credits

(Aug. 10, 1939, ch. 662, § 2, 53 Stat. 1351.)

Parsed from the official OLRC USLM XML in data/usc_all/usc25.xml · release point 119-108 · OLRC build 2026-05-06

USLM identifier /us/usc/t25/s5104