§ 5135. Mortgages and deeds of trust by individual Indian owners; removal from trust or restricted status; application to Secretary

Statutory text

The individual Indian owners of any land which either is held by the United States in trust for them or is subject to a restriction against alienation imposed by the United States are authorized, subject to approval by the Secretary of the Interior, to execute a mortgage or deed of trust to such land. Such land shall be subject to foreclosure or sale pursuant to the terms of such mortgage or deed of trust in accordance with the laws of the tribe which has jurisdiction over such land or, in the case where no tribal foreclosure law exists, in accordance with the laws of the State or Territory in which the land is located. For the purpose of any foreclosure or sale proceeding the Indian owners shall be regarded as vested with an unrestricted fee simple title to the land, the United States shall not be a necessary party to the proceeding, and any conveyance of the land pursuant to the proceeding shall divest the United States of title to the land. All mortgages and deeds of trust to such land heretofore approved by the Secretary of the Interior are ratified and confirmed.

In the event such land is acquired by an Indian or an Indian tribe, such land shall not be removed from trust or restricted status except upon application to the Secretary under existing law.

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.

1956
Mar. 29, 1956, ch. 107, 70 Stat. 62 · 70 Stat. 62
Enacted · 25 U.S.C. § 5135
Mar. 29, 1956, ch. 107, 70 Stat. 62
Source evidence
Code source credit
Mar. 29, 1956, ch. 107, 70 Stat. 62
1984
Pub. L. 98–608 § 2 · 98 Stat. 3171
1. Amended · 25 U.S.C. § 5135
  Pub. L. 98–608 designated existing provisions as subsec. (a)
2. Added · 25 U.S.C. § 5135
  Pub. L. 98–608 added subsec. (b)
Source evidence
Code amendment note
Pub. L. 98–608 designated existing provisions as subsec. (a) and added subsec. (b).
Enacted provision · exact public law section
Sec. 2. The Act of March 29, 1956 (c. 107, 70 Stat. 62; 25 U.S.C. 483a) is amended by inserting immediately after the enacting clause “(a)” and by adding at the conclusion of the Act a new subsection (b) as follows: “(b) In the event such land is acquired by an Indian or an Indian tribe, such land shall not be removed from trust or restricted status except upon application to the Secretary under existing law.”.
1990
Pub. L. 101–644 title III § 301(c) · 104 Stat. 4662
Inserted · 25 U.S.C. § 5135(a)
Pub. L. 101–644 inserted “tribe which has jurisdiction over such land or, in the case where no tribal foreclosure law exists, in accordance with the laws of the” before “State” in second sentence
Source evidence
Code amendment note
Subsec. (a). Pub. L. 101–644 inserted “tribe which has jurisdiction over such land or, in the case where no tribal foreclosure law exists, in accordance with the laws of the” before “State” in second sentence.
Enacted provision · exact public law section
(c) Amendment to the Act of March 29, 1956.— The second sentence of subsection (a) of the Act entitled “An Act to authorize the execution of mortgages and deeds of trust on individual Indian trust or restricted land”, approved March 29, 1956 (25 U.S.C. 483a), is amended by inserting immediately before “State” the following: “tribe which has jurisdiction over such land or, in the case where no tribal foreclosure law exists, in accordance with the laws of the”.

3 of 4 references resolved to an enrolled provision · 1 partial

Editorial Notes

Codification

Section was formerly classified to section 483a of this title prior to editorial reclassification and renumbering as this section.

Amendments1984–1990 · 2 rounds

1990

Subsec. (a). Pub. L. 101–644 inserted “tribe which has jurisdiction over such land or, in the case where no tribal foreclosure law exists, in accordance with the laws of the” before “State” in second sentence.

1984

Pub. L. 98–608 designated existing provisions as subsec. (a) and added subsec. (b).

Credits

1956–1990 · 3 acts

1956Mar. 29, 1956, ch. 107, 70 Stat. 62
1984Pub. L. 98–608, § 2, Oct. 30, 1984, 98 Stat. 3173
1990Pub. L. 101–644, title III, § 301(c), Nov. 29, 1990, 104 Stat. 4667.

Show as published

(Mar. 29, 1956, ch. 107, 70 Stat. 62; Pub. L. 98–608, § 2, Oct. 30, 1984, 98 Stat. 3173; Pub. L. 101–644, title III, § 301(c), Nov. 29, 1990, 104 Stat. 4667.)