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25 U.S.C. § 464 — Transferred

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 464 — Transferred

### Statutory Notes #### Codification Section 464 was editorially reclassified as [section 5107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5107&num=0&edition=prelim).

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Source location: Title 25, Chapter 14, § 464; chapter-014-miscellaneous.md

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5107 — Transfer and exchange of restricted Indian lands and shares of Indian tribes and corporations

Except as provided in this Act, no sale, devise, gift, exchange, or other transfer of restricted Indian lands or of shares in the assets of any Indian tribe or corporation organized under this Act shall be made or approved: Provided, That such lands or interests may, with the approval of the Secretary of the Interior, be sold, devised, or otherwise transferred to the Indian tribe in which the lands or shares are located or from which the shares were derived, or to a successor corporation: Provided further, That, subject to section 8(b) of the American Indian Probate Reform Act of 2004 (Public Law 108–374; [25 U.S.C. 2201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2201&num=0&edition=prelim) note), lands and shares described in the preceding proviso shall descend or be devised to any member of an Indian tribe or corporation described in that proviso or to an heir or lineal descendant of such a member in accordance with the Indian Land Consolidation Act ([25 U.S.C. 2201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2201&num=0&edition=prelim) et seq.), including a tribal probate code approved, or regulations promulgated under, that Act: Provided further, That the Secretary of the Interior may authorize any voluntary exchanges of lands of equal value and the voluntary exchange of shares of equal value whenever such exchange, in the judgment of the Secretary, is expedient and beneficial for or compatible with the proper consolidation of Indian lands and for the benefit of cooperative organizations.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2201 — Definitions

For the purpose of this chapter— (1) “Indian tribe” or “tribe” means any Indian tribe, band, group, pueblo, or community for which, or for the members of which, the United States holds lands in trust; (2) “Indian” means— (A) any person who is a member of any Indian tribe, is eligible to become a member of any Indian tribe, or is an owner (as of October 27, 2004) of a trust or restricted interest in land; (B) any person meeting the definition of Indian under the Indian Reorganization Act ([25 U.S.C. 479](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section479&num=0&edition=prelim)) 11 See References in Text note below. and the regulations promulgated thereunder; and (C) with respect to the inheritance and ownership of trust or restricted land in the State of California pursuant to [section 2206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2206&num=0&edition=prelim), any person described in subparagraph (A) or (B) or any person who owns a trust or restricted interest in a parcel of such land in that State.22 So in original. The period probably should be a semicolon. (3) “Secretary” means the Secretary of the Interior; (4) (i) “trust or restricted lands” means lands, title to which is held by the United States in trust for an Indian tribe or individual, or which is held by an Indian tribe or individual subject to a restriction by the United States against alienation; and (ii) “trust or restricted interest in land” or “trust or restricted interest in a parcel of land” means an interest in land, the title to which interest is held in trust by the United States for an Indian tribe or individual, or which is held by an Indian tribe or individual subject to a restriction by the United States a

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 348 — Patents to be held in trust; descent and partition

Upon the approval of the allotments provided for in this act by the Secretary of the Interior, he shall cause patents to issue therefor in the name of the allottees, which patents shall be of the legal effect, and declare that the United States does and will hold the land thus allotted, for the period of twenty-five years, in trust for the sole use and benefit of the Indian to whom such allotment shall have been made, or, in case of his decease, of his heirs according to the laws of the State or Territory where such land is located, and that at the expiration of said period the United States will convey the same by patent to said Indian, or his heirs as aforesaid, in fee, discharged of said trust and free of all charge or incumbrance whatsoever: Provided, That the President of the United States may in any case in his discretion extend the period. And if any conveyance shall be made of the lands set apart and allotted as herein provided, or any contract made touching the same, before the expiration of the time above mentioned, such conveyance or contract shall be absolutely null and void: Provided, That, subject to section 8(b) of the American Indian Probate Reform Act of 2004 (Public Law 108–374; 118 Stat. 1810), the rules of intestate succession under the Indian Land Consolidation Act ([25 U.S.C. 2201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2201&num=0&edition=prelim) et seq.) (including a tribal probate code approved under that Act or regulations promulgated under that Act) shall apply to that land for which patents have been executed and delivered: And provided further, That at any time after lands have been allotted to all the Indians of any tribe as herein provided, or sooner if in the opinion of the President it shall be for the

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 464 — Transferred

Page 146 TITLE 25—INDIANS § 462a § 462a. Omitted Editorial Notes CODIFICATION Section, act Apr. 11, 1940, ch. 80, 54 Stat. 106, related to reimposition and extension of trust period on lands of Crow Reservation. § 463. Transferred Editorial Notes CODIFICATION Section 463 was editorially reclassified as section 5103 of this title. Statutory Notes and Related Subsidiaries RESTORATION OF VACANT AND UNDISPOSED-OF CEDED LANDS IN CERTAIN INDIAN RESERVATIONS Pub. L. 85–420, May 19, 1958, 72 Stat. 121, which pro- vided that lands classified as vacant and undisposed-of ceded lands (including townsite lots) on the Indian res- ervations at Klamath River, California, Coeur d’Alene, Idaho, Crow, Montana, Fort Peck, Montana, and Spo- kane, Washington, would be restored to tribal owner- ship, subject to valid existing rights, was omitted from the Code as being of special and not general applica- tion. § 463a. Omitted Editorial Notes CODIFICATION Section, act July 28, 1937, ch. 527, § 1, 50 Stat. 536, which related to extension of boundaries of Papago In- dian Reservation, was omitted from the Code as being of special and not general application. § 463b. Omitted Editorial Notes CODIFICATION Section, act July 28, 1937, ch. 527, § 2, 50 Stat. 536, which related to purchase of private lands for the use and benefit of the Papago Indians, was omitted from the Code as being of special and not general applica- tion. § 463c. Omitted Editorial Notes CODIFICATION Section, act July 28, 1937, ch. 527, § 3, 50 Stat. 536, which related to gift of lands by the State of Arizona to the Papago Indians, was omitted from the Code as being of special and not general application. § 463d. Omitted Editorial Notes CODIFICATION Section, act Aug. 10, 1939, ch. 662, § 1, 53 Stat

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