Title 25IndiansRelease 119-73not60

§409a Sale of Restricted Lands; Reinvestment in Other Restricted Lands

Title 25 › Chapter 12— LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS › § 409a

Last updated Apr 5, 2026|Official source

Summary

When a restricted, tax-free piece of land owned by an Indian of the Five Civilized Tribes or any other tribe is sold to a state, county, or city for public work, is taken by the government through legal action, or is sold to another person or company, the money from that sale can, if the Secretary of the Interior approves, be used to buy other land chosen by that Indian. The new land must be made restricted and tax-free just like the land sold—kept the same size and under the same rules about selling, leasing, or putting a mortgage or other claim on it—and those limits must be written into the deed.

Full Legal Text

Title 25, §409a

Indians — Source: USLM XML via OLRC

Whenever any nontaxable land of a restricted Indian of the Five Civilized Tribes or of any other Indian tribe is sold to any State, county, or municipality for public-improvement purposes, or is acquired, under existing law, by any State, county, or municipality by condemnation or other proceedings for such public purposes, or is sold under existing law to any other person or corporation for other purposes, the money received for said land may, in the discretion and with the approval of the Secretary of the Interior, be reinvested in other lands selected by said Indian, and such land so selected and purchased shall be restricted as to alienation, lease, or incumbrance, and nontaxable in the same quantity and upon the same terms and conditions as the nontaxable lands from which the reinvested funds were derived, and such restrictions shall appear in the conveyance.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1932—Act June 30, 1932, made section applicable to lands of any restricted Indian of any other Indian tribe, and provided for sale of lands to any State and acquisition by any State instead of only to and by the State of Oklahoma.

Reference

Citations & Metadata

Citation

25 U.S.C. § 409a

Title 25Indians

Last Updated

Apr 5, 2026

Release point: 119-73not60