Title 25 — Indians
Chapter 45 — Protection of Indians and Conservation of Resources
§ 5139. Tribal rights and privileges in connection with loans
Statutory text
A tribe or tribal corporation to which a loan is made or insured pursuant to sections 5136 to 5143 of this title (1) may waive in writing any immunity from suit or liability which it may possess, (2) may mortgage or otherwise hypothecate trust or restricted property if (a) authorized by its constitution or charter or by a tribal referendum, and (b) approved by the Secretary of the Interior, and (3) shall comply with rules and regulations prescribed by the Secretary of Agriculture in connection with such loans.
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.
Pub. L. 91–229 § 3 · 84 Stat. 120
Enacted · 25 U.S.C. § 5139
(Pub. L. 91–229, § 3, Apr. 11, 1970, 84 Stat. 120.)
Source evidence
Code source credit
(Pub. L. 91–229, § 3, Apr. 11, 1970, 84 Stat. 120.)Enacted provision · exact public law section
Sec. 3. A tribe or tribal corporation to which a loan is made or insured pursuant to this Act (1) may waive in writing any immunity from suit or liability which it may possess, (2) may mortgage or otherwise hypothecate trust or restricted property if (a) authorized by its constitution or charter or by a tribal referendum, and (b) approved by the Secretary of the Interior, and (3) shall comply with rules and regulations prescribed by the Secretary of Agriculture in connection with such loans.
1 of 1 references resolved to an enrolled provision
Editorial Notes
Codification
Section was formerly classified to section 490 of this title prior to editorial reclassification and renumbering as this section.