§405 — Title 25 Indians | U.S. Code

Summary

A noncompetent Indian who holds a land patent that limits selling, or who inherits an interest in such an allotment, may sell or transfer all or part of that land or interest under rules the Secretary of the Interior makes. Money from the sale must be used for the benefit of that allottee or heir and is managed under the supervision of the Commissioner of Indian Affairs. If the Secretary of the Interior approves the sale, the buyer gets full title to the land or interest, just as if a fee-simple patent had been issued.

Title 25, §405

Indians — Source: USLM XML via OLRC

Any noncompetent Indian to whom a patent containing restrictions against alienation has been issued for an allotment of land in severalty, under any law or treaty, or who may have an interest in any allotment by inheritance, may sell or convey all or any part of such allotment or such inherited interest on such terms and conditions and under such rules and regulations as the Secretary of the Interior may prescribe, and the proceeds derived therefrom shall be used for the benefit of the allottee or heir so disposing of his land or interest, under the supervision of the Commissioner of Indian Affairs; and any conveyance made hereunder and approved by the Secretary of the Interior shall convey full title to the land or interest so sold, the same as if fee-simple patent had been issued to the allottee.

Notes & Related Subsidiaries

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.

§405 Sale of allotment of noncompetent Indian

Summary

Title 25, §405

Notes & Related Subsidiaries

Executive Documents

Transfer of Functions

Transfer of Functions

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