
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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).
