Title 25, IndiansRelease 119-102

§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

Last updated Aug 21, 2026|Official source

Summary

When a law, treaty, or land patent says land given to Indian allottees can't be sold or transferred without the President's okay, the Secretary of the Interior can give that permission instead. Any approval by the Secretary on or after September 21, 1922 counts the same as the President's. The Secretary can approve full or partial transfers by deed, will, lease, or other transfer. If the Secretary approves a will, that approval does not lift the ban on selling the land unless the approval specifically says the ban is lifted.

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

Aug 21, 2026

Release point: 119-102