25 U.S.C. § 391 — Continuance of restrictions on alienation

Page 116 TITLE 25—INDIANS § 391 Sec. 408. Surrender of allotments by relinquishment for benefit of children. 409. Sale of lands within reclamation projects. 409a. Sale of restricted lands; reinvestment in other restricted lands. 410. Moneys from lease or sale of trust lands not liable for certain debts. 411. Interest on moneys from proceeds of sale. 412. Payment of taxes from share of allottee in tribal funds. 412a. Exemption from taxation of lands subject to restrictions against alienation; determina- tion of homestead. 413. Fees to cover cost of work performed for Indi- ans. 414. Reservation of minerals in sale of Choctaw- Chickasaw lands. 415. Leases of restricted lands. 415a. Lease of lands of deceased Indians for benefit of heirs or devisees. 415b. Advance payment of rent or other consider- ation. 415c. Approval of leases. 415d. Lease of restricted lands under other laws un- affected. 416. Leases of trust or restricted lands on San Xa- vier and Salt River Pima-Maricopa Indian Reservations for public, religious, edu- cational, recreational, residential, business, farming or grazing purposes. 416a. Lease provisions. 416b. Development pursuant to lease. 416c. Lease of lands of deceased Indians for benefit of heirs or devisees. 416d. Advance payment of rent or other consider- ation. 416e. Approval of leases. 416f. Dedication of land for public purposes. 416g. Contract for water, sewerage, law enforce- ment, or other public services. 416h. Zoning, building, and sanitary regulations. 416i. Restrictions. 416j. Mission San Xavier del Bac. § 391. Continuance of restrictions on alienation in patent Prior to the expiration of the trust period of any Indian allottee to whom a trust or other patent containing restrictions upon alienation has been or shall be issued under any law or treaty the President may, in his discretion, con- tinue such restrictions on alienation for such period as he may deem best: Provided, however, That this shall not apply to lands in the former Indian Territory. (June 21, 1906, ch. 3504, 34 Stat. 326.) § 391a. Sale for town site; removal of restriction For the purpose of allowing any Indian allot- tee to sell for townsite purposes any portion of the lands allotted to him, the Secretary of the Interior may, by order, remove restrictions upon the alienation of such lands and issue fee-simple patents therefor under such rules and regula- tions as he may prescribe. (June 21, 1906, ch. 3504, 34 Stat. 373.) § 392. Consent to or approval of alienation of al- lotments by Secretary of the Interior Whenever, in any law or treaty or in any pat- ent issued to Indian allottees for lands in sev- eralty pursuant to such law or treaty, there ap- pears a provision to the effect that the lands so allotted cannot be alienated without the con- sent of the President of the United States, the Secretary of the Interior shall have full power and authority to consent to or approve of the alienation of such allotments, in whole or in part, in his discretion, by deed, will, lease, or any other form of conveyance, and such consent or approval by the Secretary of the Interior on and after September 21, 1922, had in all such cases shall have the same force and legal effect as though the consent or approval of the Presi- dent had previously been obtained: Provided, however, That the approval by the Secretary of the Interior of wills by Indian allottees or their heirs involving lands held under such patents shall not operate to remove the restrictions against alienation unless such order of approval by said Secretary shall specifically so direct. (Sept. 21, 1922, ch. 367, § 6, 42 Stat. 995.) § 393. Leases of restricted allotments The restricted allotment of any Indian may be leased for farming and grazing purposes by the allottee or his heirs, subject only to the ap- proval of the superintendent or other officer in charge of the reservation where the land is lo- cated, under such rules and regulations as the Secretary of the Interior may prescribe: Pro- vided, That this provision shall not apply to the Five Civilized Tribes. (Mar. 3, 1921, ch. 119, 41 Stat. 1232.) Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain 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. § 393a. Lands of Five Civilized Tribes From and after thirty days from February 11, 1936 the restricted lands belonging to Indians of the Five Civilized Tribes in Oklahoma of one- half or more Indian blood, enrolled or unenrolled, may be leased for periods of not to exceed five years for farming and grazing pur- poses, under such rules and regulations as the Secretary of the Interior may prescribe and not otherwise. Such leases shall be made by the owner or owners of such lands, if adults, subject to approval by the superintendent or other offi- cial in charge of the Five Civilized Tribes Agen- cy, and by such superintendent or other official in charge of said agency in cases of minors and of Indians who are non compos mentis. (Feb. 11, 1936, ch. 50, 49 Stat. 1135.) Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain 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.