§409 — Title 25 Indians | U.S. Code

Summary

An Indian who cannot normally sell allotted land may sell part of it if the land lies in a reclamation project the Secretary approves; sales follow the Secretary’s rules and his approval gives the buyer full title. Proceeds must go to the U.S. Treasury and be used by the Commissioner to pay construction and trust‑period maintenance on the unsold land; leftover goes with the water right to its holder.

Title 25, §409

Indians — Source: USLM XML via OLRC

Any Indian allotted lands under any law or treaty without the power of alienation, and within a reclamation project approved by the Secretary of the Interior, may sell and convey any part thereof, under rules and regulations prescribed by the Secretary of the Interior, but such conveyance shall be subject to his approval, and when so approved shall convey full title to the purchaser the same as if final patent without restrictions had been issued to the allottee: Provided, That the consideration shall be placed in the Treasury of the United States, and used by the Commissioner of Indian Affairs to pay the construction charges that may be assessed against the unsold part of the allotment, and to pay the maintenance charges thereon during the trust period, and any surplus shall be a benefit running with the water right to be paid to the holder thereof.

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.

§409 Sale of lands within reclamation projects

Summary

Title 25, §409

Notes & Related Subsidiaries

Executive Documents

Transfer of Functions

Transfer of Functions

Citations & Metadata