---
kind: "section"
citation: "25 U.S.C. § 5139"
title: "25"
title_heading: "Indians"
number: "5139"
heading: "Tribal rights and privileges in connection with loans"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/5139"
units:
  - "Chapter 45 — Protection of Indians and Conservation of Resources"
---

# §5139. Tribal rights and privileges in connection with loans


A tribe or tribal corporation to which a loan is made or insured pursuant to sections [5136](/usc/25/5136.md) to [5143](/usc/25/5143.md) of this title (1) may waive in writing any immunity from suit or liability which it may possess, (2) may mortgage or otherwise hypothecate trust or restricted property if (a) authorized by its constitution or charter or by a tribal referendum, and (b) approved by the [Secretary](/usc/25/5130.md?p=1) of the Interior, and (3) shall comply with rules and regulations prescribed by the [Secretary](/usc/25/5130.md?p=1) of Agriculture in connection with such loans.


## Source credit

(Pub. L. 91–229, § 3, Apr. 11, 1970, 84 Stat. 120.)

## Notes

### Editorial Notes

### Codification

Section was formerly classified to section 490 of this title prior to editorial reclassification and renumbering as this section.