§ 465. — Acquisition of lands, water rights or surface rights; appropriation; title to lands; tax exemption.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC465]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER V--PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES
Sec. 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, Sec. 5, 48 Stat. 985; Pub. L. 100-581, title
II, Sec. 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.''
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.''
Section Referred to in Other Sections
This section is referred to in sections 463b, 473a, 475a, 608,
1041e, 1300i-1, 1773c, 1779d, 2202, 2719 of this title.
