§404 Sale on Petition of Allottee or Heirs

Summary

Allotted Indian land, or an inherited share of it, that may be sold under current law can be sold if the allottee or their heirs ask for the sale, except for lands in Oklahoma, Minnesota, and South Dakota. The Secretary of the Interior sets the sale rules and terms. Land owned by a minor, or by someone the Secretary finds unable to act, may be sold if the minor’s natural guardian asks, or if a person the Secretary names asks for an incompetent person or an orphan without a guardian. If an allottee dies before the trust period ends, the Secretary will find the legal heirs. If those heirs can manage their own affairs, the Secretary must give them full ownership (a fee simple title). If the heirs cannot manage, the land can be sold as described above. Money from any sale during the trust period must be used for the benefit of the allottee or heir and overseen by the Commissioner of Indian Affairs. When a sale is approved, the Secretary must give the buyer a full ownership title.