25 Usc 503

§ 502

TITLE 25—INDIANS
SHORT TITLE

Act June 26, 1936, ch. 831, 49 Stat. 1967, as amended,
which enacted this subchapter, is popularly known as
the ‘‘Oklahoma Welfare Act’’ and the ‘‘Oklahoma Indian Welfare Act’’.

§ 502. Purchase of restricted Indian lands; preference to Secretary of the Interior; waiver of
preference
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 subchapter 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.
The preference right of the Secretary to purchase shall be considered as waived where notice
of the pendency of sale is given in writing to the
Superintendent of the Five Civilized Tribes for
at least ten days prior to the date of sale and
the Secretary does not within that time exercise
the preferential right to purchase.
(June 26, 1936, ch. 831, § 2, 49 Stat. 1967; Aug. 4,
1947, ch. 458, § 10, 61 Stat. 734.)
AMENDMENTS
1947—Act Aug. 4, 1947, provided for waiver of preference by failure to purchase after notice.

§ 503. Organization of tribes or bands; constitution; charter; right to participate in revolving credit fund
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
secured to an organized Indian tribe under the
Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 461
et seq.]: 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.
(June 26, 1936, ch. 831, § 3, 49 Stat. 1967.)
REFERENCES IN TEXT
Act of June 18, 1934, referred to in text, popularly
known as the Indian Reorganization Act, is classified

Page 218

generally to subchapter V (§ 461 et seq.) of this chapter.
For complete classification of this Act to the Code, see
Short Title note set out under section 461 of this title
and Tables.

§ 504. Cooperative associations; charter; purposes; voting rights
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) [25 U.S.C.
461 et seq.], 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 subchapter, 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 this subchapter, 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.
(June 26, 1936, ch. 831, § 4, 49 Stat. 1967.)
REFERENCES IN TEXT
Act of June 18, 1934, referred to in text, popularly
known as the Indian Reorganization Act, is classified
generally to subchapter V (§ 461 et seq.) of this chapter.
Provisions of the Act defining ‘‘Indian’’ appear in section 479 of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 461 of this title and Tables.

§ 505. Amendment or revocation of charters; suits
by and against associations
The charters of any cooperative association
organized pursuant to section 504 of this title
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.
(June 26, 1936, ch. 831, § 5, 49 Stat. 1968; June 25,
1948, ch. 646, § 29, 62 Stat. 991.)
AMENDMENTS
1948—Act June 25, 1948, struck out provisions relating
to procedure for removal. See sections 1441 to 1450 of
Title 28, Judiciary and Judicial Procedure.
EFFECTIVE DATE OF 1948 AMENDMENT
Act June 25, 1948, ch. 646, § 38, 62 Stat. 992, provided
that the amendment made by that act is effective Sept.
1, 1948.