Title 25 — IndiansRelease 119-73not60
§392 Consent to or Approval of Alienation of Allotments by Secretary of the Interior
Title 25 › Chapter 12— LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS › § 392
Summary
The Secretary of the Interior can give the permission that some laws, treaties, or land patents say only the President could give for Indian land allotments. The Secretary may approve transfers of all or part of the land by sale, will, lease, or other transfer. Approvals on or after September 21, 1922 count the same as the President’s approval. If the Secretary approves a will, that approval does not remove the rule against transferring the land unless the Secretary clearly says it does.
Full Legal Text
Title 25, §392
Indians — Source: USLM XML via OLRC
Whenever, in any law or treaty or in any patent issued to Indian allottees for lands in severalty pursuant to such law or treaty, there appears a provision to the effect that the lands so allotted cannot be alienated without the consent of the President of the United States, the Secretary of the Interior shall have full power and authority to consent to or approve of the alienation of such allotments, in whole or in part, in his discretion, by deed, will, lease, or any other form of conveyance, and such consent or approval by the Secretary of the Interior on and after September 21, 1922, had in all such cases shall have the same force and legal effect as though the consent or approval of the President had previously been obtained: Provided, however, That the approval by the Secretary of the Interior of wills by Indian allottees or their heirs involving lands held under such patents shall not operate to remove the restrictions against alienation unless such order of approval by said Secretary shall specifically so direct.
Reference
Citations & Metadata
Citation
25 U.S.C. § 392
Title 25 — Indians
Last Updated
Apr 5, 2026
Release point: 119-73not60