Title 25, IndiansRelease 119-102
§405 Sale of Allotment of Noncompetent Indian
Title 25 › CHAPTER 12 — LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS › § 405
Summary
Allows an Indian judged unable to manage their affairs, who has a restricted allotment or an inherited interest, to sell all or part of that land under rules the Secretary of the Interior sets. Sale money must benefit the seller under the Commissioner of Indian Affairs’ oversight, and a Secretary-approved sale gives full title as if a fee-simple patent were issued.
Full Legal Text
Title 25, §405
Indians, Source: USLM XML via OLRC
Any noncompetent Indian to whom a patent containing restrictions against alienation has been issued for an allotment of land in severalty, under any law or treaty, or who may have an interest in any allotment by inheritance, may sell or convey all or any part of such allotment or such inherited interest on such terms and conditions and under such rules and regulations as the Secretary of the Interior may prescribe, and the proceeds derived therefrom shall be used for the benefit of the allottee or heir so disposing of his land or interest, under the supervision of the Commissioner of Indian Affairs; and any conveyance made hereunder and approved by the Secretary of the Interior shall convey full title to the land or interest so sold, the same as if fee-simple patent had been issued to the allottee.
Legislative History
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.
Reference
Citations & Metadata
Citation
25 U.S.C. § 405
Title 25, Indians
Last Updated
Aug 21, 2026
Release point: 119-102