ACT OF JUNE 18, 1934-(Indian Reorganization Act) [Chapter 576 of

ACT OF JUNE 18, 1934-(Indian Reorganization Act)

[Chapter 576 of the 73rd Congress, Approved June 18, 1934, 48

Stat. 984, 25 U.S.C. 461 et seq.]

[As Amended Through P.L. 109–221, Enacted May 12, 2006]

øCurrency: This publication is a compilation of the text of Chapter 576 of the 73rd

Congress. It was last amended by the public law listed in the As Amended

Through note above and below at the bottom of each page of the pdf version and

reflects current law through the date of the enactment of the public law listed at

https://www.govinfo.gov/app/collection/comps/¿

øNote: While this publication does not represent an official version of any Federal

statute, substantial efforts have been made to ensure the accuracy of its contents.

The official version of Federal law is found in the United States Statutes at Large

and in the United States Code. The legal effect to be given to the Statutes at

Large and the United States Code is established by statute (1 U.S.C. 112, 204).¿

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 voca-

tional education for Indians; and for other purposes.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, That ø25 U.S.C.

5101¿ hereafter no land of any Indian reservation, created or set

apart by treaty or agreement with the Indians, Act of Congress,

Executive order, purchase, or otherwise, shall be allotted in sev-

eralty to any Indian.

. 2. ø25 U.S.C. 5102¿ The existing periods of trust placed

upon any Indian lands and any restriction on alienation thereof are

hereby extended and continued until otherwise directed by Con-

gress.

. 3. ø25 U.S.C. 5103¿ (a) The Secretary of the Interior, if

he shall find it to be in the public interest, is hereby authorized

to restore to tribal ownership the remaining surplus lands of any

Indian reservation heretofore opened, or authorized to be opened,

to sale, or any other form of disposal by Presidential proclamation,

or by any of the public-land laws of the United States: Provided,

however, That valid rights or claims of any persons to any lands

so withdrawn existing on the date of the withdrawal shall not be

affected by this Act: Provided further, That this section shall not

apply to lands within any reclamation project heretofore authorized

in any Indian reservation.

(b) øParagraphs (1) and (2) were repealed by section 1 of ch.

106, May 27, 1955, 69 Stat. 67.¿

(3) Water reservoirs, charcos, water holes, springs, wells, or

any other form of water development by the United States or the

Papago Indians shall not be used for mining purposes under the

terms of this Act, except under permit from the Secretary of the In-

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As Amended Through P.L. 109-221, Enacted May 12, 2006

2 Sec. 4 ACT OF JUNE 18, 1934-(Indian Reorganization Act)

So in law. The semicolon should probably be a period. Section 1 of the Act of May 27, 1955

(chapter 106; 69 Stat. 67) provided that ‘‘of the remainder, following the word ‘purposes,’ ’’ is

repealed. The amendment, even though ‘‘purposes,’’ did not appear, was executed to reflect the

probable intent of Congress, but probably should have been to strike all after ‘‘purposes’’ and

insert a period.

terior approved by the Papago Indian Council: Provided, That noth-

ing herein shall be construed as interfering with or affecting the

validity of the water rights of the Indians of this reservation: Pro-

vided further, That the appropriation of living water heretofore or

hereafter affected by the Papago Indians is hereby recognized and

validated subject to all the laws applicable thereto.

(4) Nothing herein contained shall restrict the granting or use

of permits for easements or rights-of-way; or ingress or egress over

the lands for all proper and lawful purposes;

SEC. 4. ø25 U.S.C. 5107¿ TRANSFER AND EXCHANGE OF RESTRICTED IN-

DIAN LANDS AND SHARES OF INDIAN TRIBES AND COR-

PORATIONS.

Except as provided in this Act, no sale, devise, gift, exchange,

or other transfer of restricted Indian lands or of shares in the as-

sets 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, de-

vised, 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 sec-

tion 8(b) of the American Indian Probate Reform Act of 2004 (Pub-

lic 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 ex-

change, in the judgment of the Secretary, is expedient and bene-

ficial for or compatible with the proper consolidation of Indian

lands and for the benefit of cooperative organizations.

. 5. ø25 U.S.C. 5108¿ The Secretary of the Interior is here-

by authorized, in his discretion, to acquire through purchase, relin-

quishment, 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 pro-

viding land for Indians.

For the acquisition of such lands, interests in lands, water

rights, and surface rights, and for expenses incident to such acqui-

sition, there is hereby authorized to be appropriated, out of any

funds in the Treasury not otherwise appropriated, a sum not to ex-

ceed $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 and New Mexico, in the event that the proposed

Navajo boundary extension measures now pending in Congress and

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As Amended Through P.L. 109-221, Enacted May 12, 2006

3 Sec. 10 ACT OF JUNE 18, 1934-(Indian Reorganization Act)

Senate bill S. 2499, entitled ‘‘An Act to define the exterior boundaries of the Navajo Indian

Reservation in Arizona, and for other purposes’’, was reported with amendments by the Senate

Committee on Indian Affairs on May 15, 1934 (S. Rept. 1012) in the 2nd Session of the 73rd

Congress. House bill H.R. 8927, which reflects the same title as the Senate bill, was reported

from the House Committee on Indian Affairs (H. Rept. 1602) on May 14, 1934, and in lieu of

the Senate bill was enacted into law on June 14, 1934, Chapter 521 (48 Stat. 960) also in the

73rd Congress, 2nd Session.

Senate bill S. 2531, entitled ‘‘An Act to define the exterior boundaries of the Navajo Indian

Reservation in New Mexico, and for other purposes’’ was reported with amendments by the Sen-

ate Committee on Indian Affairs on May 21, 1934 (S. Rept. 1074) and passed the Senate on

June 6, 1934 in the 2nd Session of the 73rd Congress. House bill H.R. 8982, which reflects the

same title as the Senate bill, was reported with an amendment from the House Committee on

Indian Affairs May 3, 1934 (H. Rept. 1451); subsequently recommitted to the Committee on In-

dian Affairs on May 8, 1934 whereupon the bill was reported with an amendment on May 9,

1934 (H. Rept. 1525). No further action took place in the 73rd Congress on both bills and there-

fore were never enacted into law.

embodied in the bills (S. 2499 and H.R. 8927)

to define the exte-

rior boundaries of the Navajo Indian Reservation in Arizona, and

for other purposes, and the bills (S. 2531 and H.R. 8982)

to define

the exterior boundaries of the Navajo Indian Reservation in New

Mexico and for other purposes, or similar legislation, become law.

The unexpended balances of any appropriations made pursu-

ant 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 ac-

quired, and such lands or rights shall be exempt from State and

local taxation.

. 6. ø25 U.S.C. 5109¿ The Secretary of the Interior is di-

rected to make rules and regulations for the operation and manage-

ment of Indian forestry units on the principle of sustained-yield

management, to restrict the number of livestock grazed on Indian

range units to the estimated carrying capacity of such ranges, and

to promulgate such other rules and regulations as may be nec-

essary to protect the range from deterioration, to prevent soil ero-

sion, to assure full utilization of the range, and like purposes.

. 7. ø25 U.S.C. 5110¿ The Secretary of the Interior is here-

by authorized to proclaim new Indian reservations on lands ac-

quired pursuant to any authority conferred by this Act, or to add

such lands to existing reservations: Provided, That lands added to

existing reservations shall be designated for the exclusive use of In-

dians entitled by enrollment or by tribal membership to residence

at such reservations.

. 8. ø25 U.S.C. 5111¿ Nothing contained in this Act shall

be construed to relate to Indian holdings of allotments or home-

steads upon the public domain outside of the geographic boundaries

of any Indian reservation now existing or established hereafter.

. 9. ø25 U.S.C. 5112¿ There is hereby authorized to be ap-

propriated, out of any funds in the Treasury not otherwise appro-

priated, such sums as may be necessary, but not to exceed

$250,000 in any fiscal year, to be expended at the order of the Sec-

retary of the Interior, in defraying the expenses of organizing In-

dian chartered corporations or other organizations created under

this Act.

. 10. ø25 U.S.C. 5113¿ There is hereby authorized to be ap-

propriated, out of any funds in the Treasury not otherwise appro-

priated, the sum of $20,000,000 to be established as a revolving

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As Amended Through P.L. 109-221, Enacted May 12, 2006

4 Sec. 11 ACT OF JUNE 18, 1934-(Indian Reorganization Act)

Incorrect stat page so in original. Should probably read ‘‘(25 Stat.L. 894)’’.

Incorrect stat page so in original. Should probably read ‘‘(35 Stat.L. 451)’’.

fund from which the Secretary of the Interior, under such rules and

regulations as he may prescribe, may make loans to Indian char-

tered corporations for the purpose of promoting the economic devel-

opment of such tribes and of their members, and may defray the

expenses of administering such loans. Repayment of amounts

loaned under this authorization shall be credited to the revolving

fund and shall be available for the purposes for which the fund is

established.

. 11. ø25 U.S.C. 5115¿ There is hereby authorized to be ap-

propriated, out of any funds in the United States Treasury not oth-

erwise appropriated, a sum not to exceed $250,000 annually, to-

gether with any unexpended balances of previous appropriations

made pursuant to this section, for loans to Indians for the payment

of tuition and other expenses in recognized vocational and trade

schools: Provided, That not more than $50,000 of such sum shall

be available for loans to Indian students in high schools and col-

leges. Such loans shall be reimbursable under rules established by

the Commissioner of Indian Affairs.

. 12. ø25 U.S.C. 5116¿ The Secretary of the Interior is di-

rected to establish standards of health, age, character, experience,

knowledge, and ability for Indians who may be appointed, without

regard to civil-service laws, to the various positions maintained,

now or hereafter, by the Indian Office, in the administration of

functions or services affecting any Indian tribe. Such qualified Indi-

ans shall hereafter have the preference to appointment to vacancies

in any such positions.

. 13. ø25 U.S.C. 5118¿ The provisions of this Act shall not

apply to any of the Territories, colonies, or insular possessions of

the United States, except that sections 9, 10, 11, 12, and 16, shall

apply to the Territory of Alaska: Provided, That Sections 4, 7, 16,

17, and 18 of this Act shall not apply to the following-named In-

dian tribes, the members of such Indian tribes, together with mem-

bers of other tribes affiliated with such named tribes located in the

State of Oklahoma, as follows: Cheyenne, Arapaho, Apache, Co-

manche, Kiowa, Caddo, Delaware, Wichita, Osage, Kaw, Otoe,

Tonkawa, Pawnee, Ponca, Shawnee, Ottawa, Quapaw, Seneca, Wy-

andotte, Iowa, Sac and Fox, Kickapoo, Pottawatomi, Cherokee,

Chickasaw, Choctaw, Creek, and Seminole. Section 4 of this Act

shall not apply to the Indians of the Klamath Reservation in Or-

egon.

. 14. ø25 U.S.C. 5120¿ The Secretary of the Interior is

hereby directed to continue the allowance of the articles enumer-

ated in section 17 of the Act of March 2, 1889 (23 Stat.L. 894)

or their commuted cash value under the Act of June 10, 1896 (29

Stat.L. 334), to all Sioux Indians who would be eligible, but for the

provisions of this Act, to receive allotments of lands in severalty

under section 19 of the Act of May 29, 1908 (25 Stat.L. 451)

, or

under any prior Act, and who have the prescribed status of the

head of a family or single person over the age of eighteen years,

and his approval shall be final and conclusive, claims therefor to

be paid as formerly from the permanent appropriation made by

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As Amended Through P.L. 109-221, Enacted May 12, 2006

5 Sec. 16 ACT OF JUNE 18, 1934-(Indian Reorganization Act)

This section was amended in its entirety by section 101 of Public Law 100–581 (102 Stat.

2938). The amendment probably should have included open quotation marks to indicate inserted

text and a closing quotation followed by a period at the end.

said section 17 and carried on the books of the Treasury for this

purpose. No person shall receive in his own right more than one

allowance of the benefits, and application must be made and ap-

proved during the lifetime of the allottee or the right shall lapse.

Such benefits shall continue to be paid upon such reservation until

such time as the lands available therein for allotment at the time

of the passage of this Act would have been exhausted by the award

to each person receiving such benefits of an allotment of eighty

acres of such land.

. 15. ø25 U.S.C. 5121¿ Nothing in this Act shall be con-

strued to impair or prejudice any claim or suit of any Indian tribe

against the United States. It is hereby declared to be the intent of

Congress that no expenditures for the benefit of Indians made out

of appropriations authorized by this Act shall be considered as off-

sets in any suit brought to recover upon any claim of such Indians

against the United States.

. 16.

ø25 U.S.C. 5123¿ (a) Any Indian tribe shall have the

right to organize for its common welfare, and may adopt an appro-

priate constitution and bylaws, and any amendments thereto,

which shall become effective when—

(1) ratified by a majority vote of the adult members of the

tribe or tribes at a special election authorized and called by the

Secretary under such rules and regulations as the Secretary

may prescribe; and

(2) approved by the Secretary pursuant to subsection (d) of

this section.

(b) Any constitution or bylaws ratified and approved by the

Secretary shall be revocable by an election open to the same voters

and conducted in the same manner as provided in subsection (a)

for the adoption of a constitution or bylaws.

(c)(1) The Secretary shall call and hold an election as required

by subsection (a)—

(A) within one hundred and eighty days after the receipt

of a tribal request for an election to ratify a proposed constitu-

tion and bylaws, or to revoke such constitution and bylaws; or

(B) within ninety days after receipt of a tribal request for

election to ratify an amendment to the constitution and by-

laws.

(2) During the time periods established by paragraph (1), the

Secretary shall—

(A) provide such technical advice and assistance as may be

requested by the tribe or as the Secretary determines may be

needed; and

(B) review the final draft of the constitution and bylaws,

or amendments thereto to determine if any provision therein

is contrary to applicable laws.

(3) After the review provided in paragraph (2) and at least

thirty days prior to the calling of the election, the Secretary shall

notify the tribe, in writing, whether and in what manner the Sec-

retary has found the proposed constitution and bylaws or amend-

ments thereto to be contrary to applicable laws.

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As Amended Through P.L. 109-221, Enacted May 12, 2006

6 Sec. 17 ACT OF JUNE 18, 1934-(Indian Reorganization Act)

Should probably read ‘‘this Act’’.

(d)(1) If an election called under subsection (a) results in the

adoption by the tribe of the proposed constitution and bylaws or

amendments thereto, the Secretary shall approve the constitution

and bylaws or amendments thereto within forty-five days after the

election unless the Secretary finds that the proposed constitution

and bylaws or any amendments are contrary to applicable laws.

(2) If the Secretary does not approve or disapprove the con-

stitution and bylaws or amendments within the forty-five days, the

Secretary’s approval shall be considered as given. Actions to en-

force the provisions of this section may be brought in the appro-

priate Federal district court.

(e) In addition to all powers vested in any Indian tribe or tribal

council by existing law, the constitution adopted by said tribe shall

also vest in such tribe or its tribal council the following rights and

powers: To employ legal counsel; to prevent the sale, disposition,

lease, or encumbrance of tribal lands, interests in lands, or other

tribal assets without the consent of the tribe; and to negotiate with

the Federal, State, and local governments. The Secretary shall ad-

vise such tribe or its tribal council of all appropriation estimates

or Federal projects for the benefit of the tribe prior to the submis-

sion of such estimates to the Office of Management and Budget and

the Congress.

(f) P

RIVILEGES AND

MMUNITIES OF

NDIAN

RIBES

; P

ROHIBITION

EGULATIONS

.—Departments or agencies of the United

States shall not promulgate any regulation or make any decision

or determination pursuant to the Act of June 18, 1934

(25 U.S.C.

461 et seq., 48 Stat. 984) as amended, or any other Act of Congress,

with respect to a federally recognized Indian tribe that classifies,

enhances, or diminishes the privileges and immunities available to

the Indian tribe relative to other federally recognized tribes by vir-

tue of their status as Indian tribes.

(g) P

RIVILEGES AND

MMUNITIES OF

NDIAN

RIBES

; E

XISTING

EGULATIONS

.—Any regulation or administrative decision or deter-

mination of a department or agency of the United States that is in

existence or effect on the date of enactment of this Act and that

classifies, enhances, or diminishes the privileges and immunities

available to a federally recognized Indian tribe relative to the privi-

leges and immunities available to other federally recognized tribes

by virtue of their status as Indian tribes shall have no force or ef-

fect.

(h) T

RIBAL

OVEREIGNTY

.—Notwithstanding any other provi-

sion of this Act—

(1) each Indian tribe shall retain inherent sovereign power

to adopt governing documents under procedures other than

those specified in this section; and

(2) nothing in this Act invalidates any constitution or other

governing document adopted by an Indian tribe after June 18,

1934, in accordance with the authority described in paragraph

(1).

. 17. ø25 U.S.C. 5124¿ The Secretary of the Interior may,

upon petition by any tribe, issue a charter of incorporation to such

tribe: Provided, That such charter shall not become operative until

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As Amended Through P.L. 109-221, Enacted May 12, 2006

7 Sec. 19 ACT OF JUNE 18, 1934-(Indian Reorganization Act)

ratified by the governing body of such tribe. Such charter may con-

vey to the incorporated tribe the power to purchase, take by gift,

or bequest, or otherwise, own, hold, manage, operate, and dispose

of property of every description, real and personal, including the

power to purchase restricted Indian lands and to issue in exchange

therefor interests in corporate property, and such further powers as

may be incidental to the conduct of corporate business, not incon-

sistent with law, but no authority shall be granted to sell, mort-

gage, or lease for a period exceeding twenty-five years any trust or

restricted lands included in the limits of the reservation. Any char-

ter so issued shall not be revoked or surrendered except by Act of

Congress.

. 18. ø25 U.S.C. 5125¿ This Act shall not apply to any res-

ervation wherein a majority of the adult Indians, voting at a spe-

cial election duly called by the Secretary of the Interior, shall vote

against its application. It shall be the duty of the Secretary of the

Interior, within one year after the passage and approval of this Act,

to call such an election, which election shall be held by secret ballot

upon thirty days’ notice.

. 19. ø25 U.S.C. 5129¿ The term ‘‘Indian’’ as used in this

Act shall include all persons of Indian descent who are members

of any recognized Indian tribe now under Federal jurisdiction, and

all persons who are descendants of such members who were, on

June 1, 1934, residing within the present boundaries of any Indian

reservation, and shall further include all other persons of one-half

or more Indian blood. For the purposes of this Act, Eskimos and

other aboriginal peoples of Alaska shall be considered Indians. The

term ‘‘tribe’’ wherever used in this Act shall be construed to refer

to any Indian tribe, organized band, pueblo, or the Indians residing

on one reservation. The words ‘‘adult Indians’’ wherever used in

this Act shall be construed to refer to Indians who have attained

the age of twenty-one years.

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As Amended Through P.L. 109-221, Enacted May 12, 2006