Title 25, IndiansRelease 119-102
§409 Sale of Lands Within Reclamation Projects
Title 25 › CHAPTER 12 — LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS › § 409
Summary
An Indian given land in a reclamation project approved by the Secretary may sell part under Secretary-approved rules. Sale proceeds must go to the Treasury and Commissioner must use them to pay construction and maintenance on the unsold part during the trust period; any surplus follows the water right to its holder.
Full Legal Text
Title 25, §409
Indians, Source: USLM XML via OLRC
Any Indian allotted lands under any law or treaty without the power of alienation, and within a reclamation project approved by the Secretary of the Interior, may sell and convey any part thereof, under rules and regulations prescribed by the Secretary of the Interior, but such conveyance shall be subject to his approval, and when so approved shall convey full title to the purchaser the same as if final patent without restrictions had been issued to the allottee: Provided, That the consideration shall be placed in the Treasury of the United States, and used by the Commissioner of Indian Affairs to pay the construction charges that may be assessed against the unsold part of the allotment, and to pay the maintenance charges thereon during the trust period, and any surplus shall be a benefit running with the water right to be paid to the holder thereof.
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. § 409
Title 25, Indians
Last Updated
Aug 21, 2026
Release point: 119-102