25 U.S.C. § 5124

Incorporation of Indian tribes; charter; ratification by election

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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 ratified by the governing body of such tribe. Such charter may convey 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 inconsistent with law; but no authority shall be granted to sell, mortgage, or lease for a period exceeding twenty-five years any trust or restricted lands included in the limits of the reservation. Any charter so issued shall not be revoked or surrendered except by Act of Congress.

Notes of Decisions

Cited in 9 cases (6 in the last 5 years), 2017–2025 · leading case: Big Sandy Rancheria Enters. v. Rob Bonta, 1 F.4th 710 (9th Cir. 2021).

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Big Sandy Rancheria Enters. v. Rob Bonta, 1 F.4th 710 (9th Cir. 2021). · cites it 6× “” 25 U.S.C. § 5124 . To “become operative,” the charter must be ratified “by the governing body of such tribe.”

Bruguier v. Lac du Flambeau Band of Lake Superior Chippewa Indians, 237 F. Supp. 3d 867 (W.D. Wis. 2017). “' 25 U.S.C. § 5124 (originally 25 U.S.C. § 477 ).”

Tasso v. Lucky Star Casino, 2022 OK CIV APP 15 (Okla. Civ. App. 2022). · cites it 18× “25 U.S.C. §5124 (formerly 25 U.S.C. §477).”

Hendrik Block v. Tule River Tribal Council (E.D. Cal. 2022). · cites it 2× “As argued in defendants’ pending motion, defendant TREDC is a federally chartered 23 corporation under 25 U.S.C. § 5124 , wholly owned and formed by the Tribe, as documented in a 24 resolution adopted by the Tribe.”

Hwal'bay Ba J Enter. Inc v. Hon. jantzen/fox (Ariz. 2020). “§ 5123 , or by the Gila River Pima- Maricopa Indian Community (the “Indian Corporation”), which was incorporated for business or commercial purposes under section 17 of that Act, 25 U.S.C. § 5124 , and had waived immunity from suit.”

A+ Gov't. Solutions v. Comptroller (Md. Ct. Spec. App. 2022). “Of particular relevance in this case is section 17 of the Indian Reorganization Act, now codified at 25 U.S.C. § 5124 , which allows Native tribes to petition the Secretary of the Interior for a federal charter of incorporation.”

Big Sandy Rancheria Enter. v. Becerra (E.D. Cal. 2019). “) BSRE is a tribal corporation incorporated under section 17 of the Indian 22 Reorganization Act, 25 U.S.C. § 5124 (“IRA”), which authorizes the Secretary of the Interior to 23 issue a charter of incorporation to any Indian tribe upon petition by such tribe.”

Evans Energy Partners, LLC v. Seminole Tribe of Florida, Inc. (M.D. Fla. 2021). “The contract entitled EEP to a termination fee equal to fifty percent of the business’s fair market value if STOFI terminated the contract.”

Rowe v. Rowe, 2025 S.D. 40 (S.D. 2025). “On April 6, 1943, the Rosebud Sioux Tribal Council chartered the TLE as a subsidiary organization of the Tribe pursuant to the authority of section 17 of the IRA, now found at 25 U.S.C.A. § 5124 . -2- #30748, #30819 Donna’s property to “isolate” Dione with Kevin, and she claimed…”

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