Title 25, IndiansRelease 119-102
§395 Leases of Allotted Lands Where Allottee Is Incapacitated
Title 25 › CHAPTER 12 — LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS › § 395
Summary
The Secretary of the Interior can lease an allotted Indian’s land for farming for up to five years when the Secretary finds that, because of age, disability, or inability, the allottee cannot personally live on or improve the land. The lease must follow the rules and conditions the Secretary sets and is only for farming.
Full Legal Text
Title 25, §395
Indians, Source: USLM XML via OLRC
Whenever it shall be made to appear to the Secretary of the Interior that, by reason of age, disability, or inability, any allottee of Indian lands cannot personally, and with benefit to himself, occupy or improve his allotment or any part thereof, the same may be leased upon such terms, regulations, and conditions as shall be prescribed by the Secretary for a term not exceeding five years, for farming purposes only.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification Act May 31, 1900, is applicable to “any allottee of Indian lands” and authorizes leases “for a term not exceeding five years, for farming purposes only” and supersedes the following
Prior Provisions
: Act
June 7, 1897, ch. 3, 30 Stat. 85. Act
June 10, 1896, ch. 398, 29 Stat. 340. Act Mar. 2, 1895, ch. 188, 28 Stat. 900. Act Aug. 15, 1894, ch. 290, 28 Stat. 305.
Statutory Notes and Related Subsidiaries
Other Leasing ProvisionsSpecial provisions for leasing allotted lands on certain reservations named in Utah and in Wyoming, for cultivation under irrigation, were made by act Apr. 30, 1908, ch. 153, 35 Stat. 95, 97. Special provisions permitting Indians to whom lands have been allotted on the Yakima Indian reservation in the State of Washington, to lease such lands for agricultural purposes for a term not exceeding 5 years, or unimproved lands for a term not exceeding 10 years were made by acts May 31, 1900, ch. 598, 31 Stat. 246; Mar. 1, 1899, ch. 324, 30 Stat. 941.
Reference
Citations & Metadata
Citation
25 U.S.C. § 395
Title 25, Indians
Last Updated
Aug 21, 2026
Release point: 119-102