§407 — Title 25 Indians | U.S. Code

Summary

The Secretary of the Interior can set rules to allow timber on unallotted trust land in Indian reservations or other tribal trust land to be sold, either under plans that let trees be harvested over time or to change the land to a different use. After subtracting any administrative costs under section 413, the money from the sale must be used as the tribe’s governing body decides and the Secretary approves, or if the tribe has no governing body, as the Secretary decides for that tribe.

Title 25, §407

Indians — Source: USLM XML via OLRC

Under regulations prescribed by the Secretary of the Interior, the timber on unallotted trust land in Indian reservations or on other land held in trust for tribes may be sold in accordance with the principles of sustained-yield management or to convert the land to a more desirable use. After deduction, if any, for administrative expenses under section 413 of this title, the proceeds of the sale shall be used—

(1)as determined by the governing bodies of the tribes concerned and approved by the Secretary, or

(2)in the absence of such a governing body, as determined by the Secretary for the tribe concerned.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1988—Pub. L. 100–580 amended section generally. Prior to amendment, section read as follows: “The timber on unallotted lands of any Indian reservation may be sold in accordance with the principles of sustained yield, or in order to convert the land to a more desirable use, under

Regulations

to be prescribed by the Secretary of the Interior, and the proceeds from such sales, after deductions for administrative expenses pursuant to section 413 of this title, shall be used for the benefit of the Indians who are members of the tribe or tribes concerned in such manner as he may direct.” 1964—Pub. L. 88–301 substituted “timber” for “mature living and dead and down timber”, provided for sale of timber in accordance with principles of sustained yield or in order to convert the land to a more desirable use, provided for deductions for administrative expenses from proceeds of sales, made the Indians who were tribal members the beneficiaries instead of the Indians of the reservation, and struck out proviso which made section inapplicable to Minnesota and Wisconsin.

§407 Sale of timber on unallotted lands