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.) 11 See References in Text note below. 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.
Notes of Decisions
Stand up for California v. State of Cal., 6 Cal. App. 5th 686 (Cal. Ct. App. 2016).
· cites it 10× “” ( 25 U.S.C. § 5108 .) One commentator described this provision of the IRA as giving the Secretary broad authority “to acquire lands for Indian tribes by virtually any voluntary means.”
Cachil Dehe Band of Wintun v. Ryan Zinke, 889 F.3d 584 (9th Cir. 2018).
· cites it 4× “In 1934, Congress enacted the Indian Reorganization Act, 25 U.S.C. § 5108 et seq., (the “IRA”). Section 18 of the IRA states that the Act “shall not apply to any reservation wherein a majority of the adult Indians, voting at a special election duly called by the Secretary of the…”
Sierra Club v. Donald Trump, 929 F.3d 670 (9th Cir. 2019).
· cites it 2× “It concluded that the plaintiff, who lived near land that had been acquired by the Secretary of the Interior for an Indian tribe seeking to open a casino, was “arguably within the zone of interests to be protected or regulated by” the Indian Reorganization Act, which…”
Patchak v. Zinke, 138 S. Ct. 897 (2018).
“985 , 25 U. S. C. §5108 , and take the Brad- ley Property into trust.”
Cnty. of Amador v. United States Dep't of the Interior, 872 F.3d 1012 (9th Cir. 2017).
· cites it 2× “” 25 U.S.C. § 5108 . The statute defines “Indian” to include “all persons of Indian descent who are members of any recognized Indian tribe now under Federal jurisdiction.”
Moya v. United States Dep't of Homeland Sec., 975 F.3d 120 (2d Cir. 2020).
“6 For example, in Patchak, the Supreme Court held that the plaintiff landowner could 7 challenge the acquisition of neighboring land under the Indian Reorganization 8 Act, 25 U.S.C. § 5108 , because the provision at issue was so “entwined with 9 considerations of land use” that…”
Pickerel Lake v. Day Cnty., South Dakota, 2020 S.D. 72 (S.D. 2020).
· cites it 5× “They based their statutory express preemption argument solely on 25 U.S.C. § 5108 (formerly 25 U.S.C. § 465 ), a provision contained within the Indian Reorganization Act of 1934 (the IRA) that exempts land acquired pursuant to its provisions “from State and local taxation.”
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