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25 U.S.C. § 412aExemption from taxation of lands subject to restrictions against alienation; determination of homestead

submitted 90 years ago by ch. 622 to r/title-25-INDIANS · 116 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law declares certain Indian homesteads to be federal instrumentalities that are tax-free. These homesteads were bought using an individual Indian's trust or restricted funds. Their title stays restricted from sale or mortgage without the Interior Secretary's approval.

All homesteads previously bought using the trust or restricted funds of individual Indians are declared to be instrumentalities of the federal government, and are exempt from taxes unless Congress directs otherwise. The title to these homesteads remains subject to restrictions against sale or mortgage, except with the approval of the Secretary of the Interior. The Indian owner, or owners, must choose — with the Secretary of the Interior's approval — either agricultural or grazing land totaling no more than 160 acres, or village, town, or city property costing no more than $5,000, to be designated as the protected homestead.
the actual law source: uscode.house.gov ↗public domain

All homesteads, heretofore purchased out of the trust or restricted funds of individual Indians, are hereby declared to be instrumentalities of the Federal Government and shall be nontaxable until otherwise directed by Congress: Provided, That the title to such homesteads shall be held subject to restrictions against alienation or encumbrance except with the approval of the Secretary of the Interior: And provided further, That the Indian owner or owners shall select, with the approval of the Secretary of the Interior, either the agricultural and grazing lands, not exceeding a total of one hundred and sixty acres, or the village, town, or city property, not exceeding in cost $5,000, to be designated as a homestead.

Source credit: (June 20, 1936, ch. 622, § 2, 49 Stat. 1542; May 19, 1937, ch. 227, 50 Stat. 188.)

history & why it existsrecord from the source credit
  • 1936Enacted · Act of June 20, 1936, ch. 622 · 49 Stat. 1542
  • 1937Amended · Act of May 19, 1937, ch. 227 · 50 Stat. 188

A history note hasn’t been published yet. The record shows enactment by ch. 622 on 1936-06-20.

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