§ 483a. — Mortgages and deeds of trust by individual Indian owners; removal from trust or restricted status; application to Secretary.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC483a]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER V--PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES
Sec. 483a. Mortgages and deeds of trust by individual Indian
owners; removal from trust or restricted status; application to
Secretary
(a) 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.
(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.
(Mar. 29, 1956, ch. 107, 70 Stat. 62; Pub. L. 98-608, Sec. 2, Oct. 30,
1984, 98 Stat. 3173; Pub. L. 101-644, title III, Sec. 301(c), Nov. 29,
1990, 104 Stat. 4667.)
Amendments
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).
