Title 25IndiansRelease 119-73not60

§405 Sale of Allotment of Noncompetent Indian

Title 25 › Chapter 12— LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS › § 405

Last updated Apr 5, 2026|Official source

Summary

Noncompetent Indians with restricted land patents or inherited allotments may sell all or part of the land under rules the Secretary of the Interior sets. The money must benefit the seller under Commissioner of Indian Affairs supervision, and sales the Secretary approves give full ownership like an unrestricted patent.

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 25Indians

Last Updated

Apr 5, 2026

Release point: 119-73not60