INDIAN AFFAIRS: LAWS AND TREATIES

Vol. V, Laws     (Compiled from December 22, 1927 to June 29, 1938)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1941.


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PUBLIC ACTS OF THE SEVENTY-FOURTH CONGRESS, SECOND SESSION, 1936
Chap. 7 | Chap. 44 | Chap. 49 | Chap. 50 | Chap. 138 | Chap. 156 | Chap. 215 | Chap. 254 | Chap. 340 | Chap. 390 | Chap. 391 | Chap. 392 | Chap. 394 | Chap. 398 | Chap. 405 | Chap. 489 | Chap. 490 | Chap. 491 | Chap. 492 | Chap. 582 | Chap. 593 | Chap. 622 | Chap. 624 | Chap. 627 | Chap. 649 | Chap. 650 | Chap. 689 | Chap. 691 | Chap. 692 | Chap. 698 | Chap. 714 | Chap. 831 | Chap. 851

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Chapter 831
June 26, 1936.  | [S. 2047.] 49 Stat., 1967.

An Act To promote the general welfare of the Indians of the State of Oklahoma, and for other purposes
Section 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9

Margin Notes
Chap. 831 Indians of Oklahoma. Acquisition of lands, etc., within or without reservations.
Chap. 831 Proviso. Type of land to be acquired in proportion to individual needs. United States to take title as trustee.
Chap. 831 Nontaxable; exception.
Chap. 831 Production tag on oil and gas.
Sec. 2 Restricted Indian land, etc. Preference right to purchase, in behalf of Indians.
Sec. 2 Appraisement.
Sec. 3 Right to organize for common welfare, adopt constitution, etc.
Sec. 3 Charter
Sec. 3 Proviso. Vote requirement. Powers conferred by charter.
Sec. 3 48 Stat., 984; ante, 378. U. S. C., p. 1031.
Proviso. Deposit of funds.
Sec. 4 Local cooperative associations; purposes.
Sec. 4 Provisions, etc., governing.
Sec. 4 Proviso. State laws applicable to matters not covered in regulations etc. Voting privilege.
Sec. 5 Charters, amendment or revocation.
Sec. 5 Suits by or against associations.
Sec. 5 Intervention by Secretary of the Interior; removal to Federal district court.
Sec. 6 Loans to individual Indians and to associations. Appropriation for.
Sec. 7 Funds available.
48 Stat., 984; ante, 378.
Allocations to Oklahoma Indians.
Sec. 7 Proviso. Deposit of mineral royalties.
Sec. 7 Availability.
Sec. 8 Osage County, Okla., not affected.
Sec. 9 Rules to be prescribed.
Sec. 9 Inconsistent Acts repealed.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby authorized, in his discretion, to acquire by purchase, relinquishment, gift, exchange, or assignment, any interest in lands, water rights, or surface rights to lands, within or without existing Indian reservations, including trust or otherwise restricted lands now in Indian ownership: Provided, That such lands shall be agricultural and grazing lands of good character and quality in proportion to the respective needs of the particular Indian or Indians for whom such purchases are made. Title to all lands so acquired shall be taken in the name of the United States, in trust for the tribe, band, group, or individual Indian for whose benefit such land is so acquired, and while the title thereto is held by the United States said lands shall be free from any and all taxes, save that the State of Oklahoma is authorized to levy and collect a gross production tax, not in excess of the rate applied to production from lands in private ownership, upon all oil and gas produced from said lands, which said tax the Secretary of the Interior is hereby authorized and directed to cause to be paid.

SEC. 2.

Whenever any restricted Indian land or interests in land, other than sales or leases of oil, gas, or other minerals therein, are offered for sale, pursuant to the terms of this or any other Act of Congress, the Secretary of the Interior shall have a preference right, in his discretion, to purchase the same for or in behalf of any other Indian or Indians of the same or any other tribe, at a fair valuation to be fixed by the appraisement satisfactory to the Indian owner or owners, or if offered for sale at auction said Secretary shall have a preference right, in his discretion, to purchase the same for or in behalf of any other Indian or Indians by meeting the highest bid otherwise offered therefor.

SEC. 3.

Any recognized tribe or band of Indians residing in Oklahoma shall have the right to organize for its common welfare and to adopt a constitution and bylaws, under such rules and regulations as the Secretary of the Interior may prescribe. The Secretary of the Interior may issue to any such organized group a charter of incorporation, which shall become operative when ratified by a majority vote of the adult members of the organization voting: Provided, however, That such election shall be void unless the total vote cast be at least 30 per centum of those entitled to vote. Such charter may convey to the incorporated group, in addition to any powers which may properly be vested in a body corporate under the laws of the State of Oklahoma, the right to participate in the revolving credit fund, and to enjoy any other rights or privileges

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secured to an organized Indian tribe under the Act of June 18, 1934 (48 Stat. 984): Provided, That the corporate funds of any such chartered group may be deposited in any national bank within the State of Oklahoma or otherwise invested, utilized, or disbursed in accordance with the terms of the corporate charter.

SEC. 4.

Any ten or more Indians, as determined by the official tribal rolls, or Indian descendants of such enrolled members, or Indians as defined in the Act of June 18,1934 (48 Stat.984), who reside within the State of Oklahoma in convenient proximity to each other may receive from the Secretary of the Interior a charter as a local cooperative association for any one or more of the following purposes: Credit administration, production, marketing, consumers’ protection, or land management. The provisions of this Act, the regulations of the Secretary of the Interior, and the charters of the cooperative associations issued pursuant thereto shall govern such cooperative associations: Provided, That in those matters not covered by said Act, regulations, or charters, the laws of the State of Oklahoma, if applicable, shall govern. In any stock or nonstock cooperative association no one member shall have more than one vote, and membership therein shall be open to all Indians residing within the prescribed district.

SEC. 5.

The charters of any cooperative association organized pursuant to this Act shall not be amended or revoked by the Secretary except after a majority vote of the membership. Such cooperative associations may sue and be sued in any court of the State of Oklahoma or of the United States having jurisdiction of the cause of action, but a certified copy of all papers filed in any action against a cooperative association in a court of Oklahoma shall be served upon the Secretary of the Interior, or upon an employee duly authorized by him to receive such service. Within thirty days after such service or within such extended time as the trial court may permit, the Secretary of the Interior may intervene in such action or may remove such action to the United States district court to be held in the district where such petition is pending by filing in such action in the State court a petition for such removal, together with the certified copy of the papers served upon the Secretary. It shall then be the duty of the State court to accept such petition and to proceed no further in such action. The said copy shall be entered in the said district court within thiry 1 days after the filing of the petition for removal, and the said district court is hereby given jurisdiction to hear and determine said action.

SEC. 6.

The Secretary is authorized to make loans to individual Indians and to associations or corporate groups organized pursuant to this Act. For the making of such loans and for expenses of the cooperative associations organized pursuant to this Act, there shall be appropriated, out of the Treasury of the United States, the sum of $2,000,000. 2

SEC. 7.

All funds appropriated under the several grants of authority contained in the Act of June 18, 1934 (48 Stat. 984), are hereby made available for use under the provisions of this Act, and Oklahoma Indians shall be accorded and allocated a fair and just share of any and all funds hereafter appropriated under the authorization herein set forth: Provided, That any royalties, bonuses, or other revenues derived from mineral deposits underlying lands purchased in Oklahoma under the authority granted by this Act, or by the Act of June 18, 1934, shall be deposited in the Treasury of the United States, and such revenues are hereby made available for expenditure


1 So in original.


2 17 Comp. Gen. Dec., 773; 18 Comp. Gen. Dec., 773

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by the Secretary of the Interior for the acquisition of lands and for loans to Indians in Oklahoma as authorized by this Act and by the Act of June 18,1934 (48 Stat. 984).

SEC. 8.

This Act shall not relate to or affect Osage County, Oklahoma.

SEC. 9.

The Secretary of the Interior is hereby authorized to prescribe such rules and regulations as may be necessary to carry out the provisions of this Act. All Acts or parts of Acts inconsistent herewith are hereby repealed. 3

Approved, June 26, 1936.


3 17 Comp. Gen. Dec., 773.


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