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388, Congress adopted a policy of dis tributing Indians' tribal lands to individual Indians.

In addition, tribal lands that were deemed surplus were made avail able to settlement by non-Indians. Other stat utes of that era similarly provided for the allotment of land to individual Indians on particular reservations.

Petitioners challenge the constitutionality of Section 5 of the IRA.

The Secretary adopted regulations in 1980 to im plement his authority to acquire property under the IRA, which is carried out by the Bureau of Indian Af fairs (BIA).

Title to any lands or rights acquired pursuant to this Act or the Act of July 28, 1955 (69 Stat.

The unexpended balances of any appropriations made pursuant to this section shall remain available until expended.

The regulations provide that, subject to consideration of the specified factors, land may be acquired in trust for Indians when it is within or adja cent to the Tribe's reservation or tribal land-consolida tion area, the Tribe already owns the land, or the acqui sition "is necessary to facilitate tribal self-determina tion, economic development, or Indian housing." 25 C.

477), and to decide, by referendum, whether to opt out of the IRA's application (§ 18, 25 U. For the acquisition of such lands, interests in lands, water rights, and surface rights, and for ex penses incident to such acquisition, there is author ized to be appropriated, out of any funds in the Trea sury not otherwise appropriated, a sum not to exceed ,000,000 in any one fiscal year: Provided, That no part of such funds shall be used to acquire additional land outside of the exterior boundaries of Navajo Indian Reservation for the Navajo Indians in Ari zona, nor in New Mexico, in the event that legislation to define the exterior boundaries of the Navajo In dian Reservation in New Mexico, and for other pur poses, or similar legislation, becomes law. 608 et seq.) shall be taken in the name of the United States in trust for the Indian tribe or individual Indian for which the land is ac quired, and such lands or rights shall be exempt from State and local taxation.

The full text of that Section is as follows: The Secretary of the Interior is authorized, in his discretion, to acquire, through purchase, relinquish ment, gift, exchange, or assignment, any interest in lands, water rights, or surface rights to lands, within or without existing reservations, including trust or otherwise restricted allotments, whether the allottee be living or deceased, for the purpose of providing land for Indians.

Congress author ized Indian Tribes to adopt their own constitutions and bylaws (IRA § 16, 25 U.

Finally, the IRA included provisions designed to strengthen Indian self-government.

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