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Title 25 — IndiansRelease 119-73not60

§5202 Purchase of Restricted Indian Lands; Preference to Secretary of the Interior; Waiver of Preference

Title 25 › Chapter 45A— OKLAHOMA INDIAN WELFARE › § 5202

Last updated Apr 5, 2026|Official source

Summary

When restricted Indian land (not sales or leases of oil, gas, or other minerals) is put up for sale under this law or any other federal law, the Secretary of the Interior may choose to buy it for other Indian person(s) of the same or a different tribe. The price must be a fair value set by an appraisal the owner accepts, or at an auction the Secretary can simply match the highest bid. If written notice of the sale is given to the Superintendent of the Five Civilized Tribes at least ten days before the sale and the Secretary does not act in that time, the Secretary’s right to buy first is waived.

Full Legal Text

Title 25, §5202

Indians — Source: USLM XML via OLRC

Whenever any restricted Indian land or interests in land, other than sales or leases of oil, gas, or other minerals therein, are offered for sale, pursuant to the terms of this chapter or any other Act of Congress, the Secretary of the Interior shall have a preference right, in his discretion, to purchase the same for or in behalf of any other Indian or Indians of the same or any other tribe, at a fair valuation to be fixed by the appraisement satisfactory to the Indian owner or owners, or if offered for sale at auction said Secretary shall have a preference right, in his discretion, to purchase the same for or in behalf of any other Indian or Indians by meeting the highest bid otherwise offered therefor. The preference right of the Secretary to purchase shall be considered as waived where notice of the pendency of sale is given in writing to the Superintendent of the Five Civilized Tribes for at least ten days prior to the date of sale and the Secretary does not within that time exercise the preferential right to purchase.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 502 of this title prior to editorial reclassification and renumbering as this section.

Amendments

1947—Act Aug. 4, 1947, added second paragraph.

Reference

Citations & Metadata

Citation

25 U.S.C. § 5202

Title 25 — Indians

Last Updated

Apr 5, 2026

Release point: 119-73not60