§190 — Title 25 Indians | U.S. Code

Summary

The Secretary of the Interior may sell small nonreservation government or tribal administrative tracts or parts of them that are not needed for Indian administrative or allotment purposes. Sales may cover tracts up to 40 acres and up to $2,000 in value, and small unallotted tracts up to 40 acres if the sale helps tribal interests. Sales must follow the rules in chapters 1–11 of title 40 and division C of subtitle I of title 41, except sections 3302, 3306(f), 3307(e), 3501(b), 3509, 3906, 4104, 4710, and 4711. All sales must be public auctions to the highest bidder and sell for at least the appraised value. If a survey is needed for the deed or patent, the buyer must pay the survey cost in addition to the purchase price. The net money from the sale goes into the U.S. Treasury for the Indians who owned the land and must be used for their benefit under existing law.

Title 25, §190

Indians — Source: USLM XML via OLRC

Subject to applicable regulations under chapters 1 to 11 of title 40 and division C (except section 3302, 3306(f), 3307(e), 3501(b), 3509, 3906, 4104, 4710, and 4711) of subtitle I of title 41, the Secretary of the Interior is authorized in his discretion to sell and convey by deed or patent, under such terms and conditions as he may prescribe, at not less than their appraised value, nonreservation Government tracts or plants or tribal administrative plants or reserves, or parts thereof, not exceeding forty acres in area and not exceeding $2,000 in value, not longer needed for Indian administrative or allotment purposes, and small unallotted tracts not exceeding forty acres, where a sale will serve the tribal interests. All sales made under this section shall be at public auction, to the highest and best bidder. And the Secretary of the Interior is further authorized, where a tract to be disposed of under this section or any other Act authorizing the disposition of tribal lands requires survey as basis for a deed or patent, to accept from the grantee, in addition to the purchase price, an amount sufficient to cover the survey costs. The net proceeds of sale of any tribal site, plant, or tract shall be deposited in the Treasury of the United States to the credit of the Indians owning the same, to be disposed of for their benefit in accordance with existing law.

Notes & Related Subsidiaries

Editorial Notes

Codification In text, “chapters 1 to 11 of title 40 and division C (except section 3302, 3306(f), 3307(e), 3501(b), 3509, 3906, 4104, 4710, and 4711) of subtitle I of title 41” substituted for “the Federal Property and Administrative Services Act of 1949, as amended” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Amendments

1951—Act Oct. 31, 1951, inserted reference to applicable

Regulations

of Federal Property and Administrative Services Act of 1949, as amended, at beginning of first par., and, in third par., struck out requirement that net proceeds of sales of Government-owned nontribal plants or lands be deposited in Treasury of United States.

Executive Documents

Transfer of Functions

For

Transfer of Functions

of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

§190 Sale of plants or tracts not needed for administrative or allotment purposes

Summary

Title 25, §190

Notes & Related Subsidiaries

Editorial Notes

Amendments

Regulations

Executive Documents

Transfer of Functions

Transfer of Functions

Citations & Metadata