§ 5107. Transfer and exchange of restricted Indian lands and shares of Indian tribes and corporations

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. 1934

   Pub. L. 73–576 § 4 · 48 Stat. 984

   Enacted · 25 U.S.C. § 5107

   June 18, 1934, ch. 576, § 4, 48 Stat. 985

   Source evidence

   Code source credit
   June 18, 1934, ch. 576, § 4, 48 Stat. 985

   Enacted provision · exact public law section
   Sec. 4. Except as herein provided, no sale, devise, gift, exchange No transfers of restricted Indian lands, etc.; exception. or other transfer of restricted Indian lands or of shares in the assets of any Indian tribe or corporation organized hereunder, shall be made or approved: Provided, however, That such lands or interests Provisos. Lands may descend only to Indian tribe or successor corporation. may, with the approval of the Secretary of the Interior, be sold, devised, or otherwise transferred to the Indian tribe in which the lands or shares are located or from which the shares were derived or to a successor corporation; and in all instances such lands Descent, etc., according to applicable laws. or interests shall descend or be devised, 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, to any member of such tribe or of such corporation or any heir’s of such member: Provided further, That the Voluntary exchanges for proper consolidations. Secretary of the Interior may authorize voluntary exchanges of lands of equal value and the voluntary exchange of shares of equal value whenever such exchange, in his judgment, is expedient and beneficial for or compatible with the proper consolidation of Indian lands and for the benefit of cooperative organizations.

2. 1980

   Pub. L. 96–363 § 1 · 94 Stat. 1207

   Substituted · 25 U.S.C. § 5107

   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

   Source evidence

   Code amendment note
   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.

3. 2000

   Indian Land Consolidation Act Amendments of 2000

   Pub. L. 106–462 title I § 106(c) · 114 Stat. 1991

   Substituted · 25 U.S.C. § 5107

   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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (c) Transfer of Lands.— Section 4 of the Act of June 18, 1934 (25 U.S.C. 464) is amended by striking “member or:” and inserting “member or, except as provided by the Indian Land Consolidation Act,”.

4. 2004

   American Indian Probate Reform Act of 2004

   Pub. L. 108–374 § 6(d)(1) · 118 Stat. 1773

   Struck · 25 U.S.C. § 5107

   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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (1) striking “, in accordance with” and all that follows through “or in which the subject matter of the corporation is located,”;

   Effective date note
   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.

5. 2004

   American Indian Probate Reform Act of 2004

   Pub. L. 108–374 § 6(d)(3) · 118 Stat. 1773

   Changed · 25 U.S.C. § 5107

   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

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (3) inserting “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):”.

   Effective date note
   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.

6. 2005

   Indian Land Probate Reform Technical Corrections Act of 2005

   Pub. L. 109–157 § 8(b) · 119 Stat. 2949

   Amended · 25 U.S.C. § 5107

   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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (b) Transfer and Exchange of Land.— Section 4 of the Act of June 18, 1934 (25 U.S.C. 464) is amended to read as follows: “SEC. 4. TRANSFER AND EXCHANGE OF RESTRICTED INDIAN LAND AND SHARES OF INDIAN TRIBES AND CORPORATIONS. “(a) Approval.— Except as provided in this section, no sale, devise, gift, exchange, or other transfer of restricted Indian land or shares in the assets of an Indian tribe or corporation organized under this Act shall be made or approved. “(b) Transfer to Indian Tribe.— “(1) In general.— Land or shares described in subsection (a) may be sold, devised, or otherwise transferred to the Indian tribe on the reservation of which the land is located, or in the corporation of which the shares are held or were derived (or a successor of such a corporation), with the approval of the Secretary of the Interior. “(2) Descent and devise.— Land and shares transferred under paragraph (1) shall descend or be devised to any member of the Indian tribe or corporation (or an heir of such a member) in accordance with the Indian Land Consolidation Act (25 U.S.C. 2201 et seq.), including a tribal probate code approved under that Act (including regulations). “(c) Voluntary Exchanges.— The Secretary of the Interior may authorize a voluntary exchange of land or shares described in subsection (a) that the Secretary determines to be of equal value if the Secretary determines that the exchange is— “(1) expedient; “(2) beneficial for, or compatible with, achieving proper consolidation of Indian land; and “(3) for the benefit of cooperative organizations.” .

7. 2006

   Native American Technical Corrections Act of 2006

   Pub. L. 109–221 title V § 501(b)(1) · 120 Stat. 336

   Amended · 25 U.S.C. § 5107

   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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) Transfer and exchange of land.— Section 4 of the Act of June 18, 1934 (25 U.S.C. 464), is amended to read as follows: “SEC. 4. TRANSFER AND EXCHANGE OF RESTRICTED INDIAN LANDS AND SHARES OF INDIAN TRIBES AND CORPORATIONS.   “Except as provided in this Act, no sale, devise, gift, exchange, or other transfer of restricted Indian lands or of shares in the assets of any Indian tribe or corporation organized under this Act shall be made or approved: Provided, That such lands or interests may, with the approval of the Secretary of the Interior, be sold, devised, or otherwise transferred to the Indian tribe in which the lands or shares are located or from which the shares were derived, or to a successor corporation: Provided further, That, subject to section 8(b) of the American Indian Probate Reform Act of 2004 (Public Law 108–374; 25 U.S.C. 2201 note), lands and shares described in the preceding proviso shall descend or be devised to any member of an Indian tribe or corporation described in that proviso or to an heir or lineal descendant of such a member in accordance with the Indian Land Consolidation Act (25 U.S.C. 2201 et seq.), including a tribal probate code approved, or regulations promulgated under, that Act: Provided further, That the Secretary of the Interior may authorize any voluntary exchanges of lands of equal value and the voluntary exchange of shares of equal value whenever such exchange, in the judgment of the Secretary, is expedient and beneficial for or compatible with the proper consolidation of Indian lands and for the benefit of cooperative organizations.” .

   Effective date note
   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.

6 of 7 references resolved to an enrolled provision · 1 partial