25 U.S.C. § 406 — Sale of timber on lands held under trust

Page 125 TITLE 25—INDIANS § 406 Statutory Notes and Related Subsidiaries YAKIMA INDIAN RESERVATION, WASHINGTON Special provisions for sale of interests of Indian mi- nors in lands of the Yakima Indian reservation, in the State of Washington, whether by direct allotment or by inheritance, were made by act Mar. 27, 1908, ch. 107, 35 Stat. 49. 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. § 405. Sale of allotment of noncompetent Indian Any noncompetent Indian to whom a patent containing restrictions against alienation has been issued for an allotment of land in sev- eralty, under any law or treaty, or who may have an interest in any allotment by inherit- ance, may sell or convey all or any part of such allotment or such inherited interest on such terms and conditions and under such rules and regulations as the Secretary of the Interior may prescribe, and the proceeds derived therefrom shall be used for the benefit of the allottee or heir so disposing of his land or interest, under the supervision of the Commissioner of Indian Affairs; and any conveyance made hereunder and approved by the Secretary of the Interior shall convey full title to the land or interest so sold, the same as if fee-simple patent had been issued to the allottee. (Mar. 1, 1907, ch. 2285, 34 Stat. 1018.) 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. § 406. Sale of timber on lands held under trust (a) Deductions for administrative expenses; standards guiding sales The timber on any Indian land held under a trust or other patent containing restrictions on alienations may be sold by the owner or owners with the consent of the Secretary of the Inte- rior, and the proceeds from such sales, after de- ductions for administrative expenses to the ex- tent permissible under section 413 of this title, shall be paid to the owner or owners or disposed of for their benefit under regulations to be pre- scribed by the Secretary of the Interior. It is the intention of Congress that a deduction for ad- ministrative expenses may be made in any case unless the deduction would violate a treaty obli- gation or amount to a taking of private property for public use without just compensation in vio- lation of the fifth amendment to the Constitu- tion. Sales of timber under this subsection shall be based upon a consideration of the needs and best interests of the Indian owner and his heirs. The Secretary shall take into consideration, among other things, (1) the state of growth of the timber and the need for maintaining the productive capacity of the land for the benefit of the owner and his heirs, (2) the highest and best use of the land, including the advisability and practicality of devoting it to other uses for the benefit of the owner and his heirs, and (3) the present and future financial needs of the owner and his heirs. (b) Undivided interests Upon the request of the owners of a majority Indian interest in land in which any undivided interest is held under a trust or other patent containing restrictions on alienations, the Sec- retary of the Interior is authorized to sell all undivided Indian trust or restricted interests in any part of the timber on such land. (c) Unrestricted interests Upon the request of the owner of an undivided but unrestricted interest in land in which there are trust or restricted Indian interests, the Sec- retary of the Interior is authorized to include such unrestricted interest in a sale of the trust or restricted Indian interests in timber sold pur- suant to this section, and to perform any func- tions required of him by the contract of sale for both the restricted and the unrestricted inter- ests, including the collection and disbursement of payments for timber and the deduction from such payments of sums in lieu of administrative expenses. (d) Representation of minors and others For the purposes of this Act, the Secretary of the Interior is authorized to represent any In- dian owner (1) who is a minor, (2) who has been adjudicated non compos mentis, (3) whose own- ership interest in a decedent’s estate has not been determined, or (4) who cannot be located by the Secretary after a reasonable and diligent search and the giving of notice by publication. (e) Emergency sales The timber on any Indian land held under a trust or other patent containing restrictions on alienations may be sold by the Secretary of the Interior without the consent of the owners when in his judgment such action is necessary to pre- vent loss of values resulting from fire, insects, disease, windthrow, or other natural catas- trophes. (f) Change in status without affecting contrac- tual obligations A change from a trust or restricted status to an unrestricted status of any interest in timber that has been sold pursuant to this section shall not affect the obligations of the Secretary of the Interior under any contract of sale that is in ef- fect at the time such change in status occurs. (June 25, 1910, ch. 431, § 8, 36 Stat. 857; Pub. L. 88–301, Apr. 30, 1964, 78 Stat. 187.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (d), is act June 25, 1910, ch. 431, 36 Stat. 855, which enacted sections 47, 93, Page 126 TITLE 25—INDIANS § 407 151, 202, 337, 344a, 351, 352, 353, 372, 403, 406, 407, and 408 of this title, section 6a–1 of former Title 41, Public Con- tracts, and section 148 of Title 43, Public Lands, and amended sections 191, 312, 331, 333, and 336 of this title and sections 104 and 107 of former Title 18, Criminal Code and Criminal Procedure. Sections 104 and 107 of former Title 18 were repealed and restated as sections 1853 and 1856 of Title 18, Crimes and Criminal Proce- dure, by act June 25, 1948, ch. 645, 62 Stat. 683. Section 6a–1 of former Title 41 was repealed and restated as sec- tion 6102(e) of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete classification of this Act to the Code, see Ta- bles. AMENDMENTS 1964—Pub. L. 88–301 designated existing provisions as subsec. (a), substituted ‘‘land’’ for ‘‘allotment’’, ‘‘owner or owners’’ for ‘‘allottee’’ in two places, and ‘‘their ben- efit’’ for ‘‘his benefit’’, and provided for deductions for administrative expenses from proceeds of sales without violation of treaty obligations or Constitutional com- pensation provision, for consideration of needs and best interests of owners and heirs, and for standards guiding sales, and added subsecs. (b) to (f). § 407. Sale of timber on unallotted lands Under regulations prescribed by the Secretary of the Interior, the timber on unallotted trust land in Indian reservations or on other land held in trust for tribes may be sold in accordance with the principles of sustained-yield manage- ment or to convert the land to a more desirable use. After deduction, if any, for administrative expenses under section 413 of this title, the pro- ceeds of the sale shall be used— (1) as determined by the governing bodies of the tribes concerned and approved by the Sec- retary, or (2) in the absence of such a governing body, as determined by the Secretary for the tribe concerned. (June 25, 1910, ch. 431, § 7, 36 Stat. 857; Pub. L. 88–301, Apr. 30, 1964, 78 Stat. 186; Pub. L. 100–580, § 13, Oct. 31, 1988, 102 Stat. 2936.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–580 amended section generally. Prior to amendment, section read as follows: ‘‘The timber on unallotted lands of any Indian reservation may be sold in accordance with the principles of sustained yield, or in order to convert the land to a more desirable use, under regulations to be prescribed by the Secretary of the Interior, and the proceeds from such sales, after de- ductions for administrative expenses pursuant to sec- tion 413 of this title, shall be used for the benefit of the Indians who are members of the tribe or tribes con- cerned in such manner as he may direct.’’ 1964—Pub. L. 88–301 substituted ‘‘timber’’ for ‘‘mature living and dead and down timber’’, provided for sale of timber in accordance with principles of sustained yield or in order to convert the land to a more desirable use, provided for deductions for administrative expenses from proceeds of sales, made the Indians who were trib- al members the beneficiaries instead of the Indians of the reservation, and struck out proviso which made section inapplicable to Minnesota and Wisconsin. §§ 407a to 407c. Omitted Editorial Notes CODIFICATION Section 407a, acts Mar. 4, 1933, ch. 275, § 1, 47 Stat. 1568; June 16, 1933, ch. 104, 48 Stat. 311; Mar. 5, 1934, ch. 46, 48 Stat. 397; May 6, 1936, ch. 340, 49 Stat. 1266, which related to modification of existing contracts for sale of tribal timber, was omitted on authority of act May 6, 1936, which provided that authority to modify existing contracts for sale of tribal timber expire on Sept. 4, 1936. Section 407b, act Mar. 4, 1933, ch. 275, § 2, 47 Stat. 1569, which related to modification of contracts for sale of timber to individual allottee, was omitted in view of the expiration of section 407a of this title. Section 407c, act Mar. 4, 1933, ch. 275, § 3, 47 Stat. 1569, which related to preference to indian labor in modified contracts, was omitted in view of the expiration of sec- tion 407a of this title. § 407d. Charges for special services to purchasers of timber The Secretary of the Interior is authorized to charge purchasers of timber on Indian lands that are held by the United States in trust, or that are subject to restrictions against alienation or encumbrance imposed by the United States, for special services requested by the purchasers in connection with scaling, timber marking, or other activities under the contract of purchase that are in addition to the services otherwise provided by the Secretary, and the proceeds de- rived therefrom shall be deposited to the credit of the appropriation from which the special services were or will be provided. (July 30, 1956, ch. 781, 70 Stat. 721.) § 408. Surrender of allotments by relinquishment for benefit of children In any case where an Indian has an allotment of land, or any right, title, or interest in such an allotment, the Secretary of the Interior, in his discretion, may permit such Indian to surrender such allotment, or any right, title, or interest therein, by such formal relinquishment as may be prescribed by the Secretary of the Interior, for the benefit of any of his or her children to whom no allotment of land shall have been made; and thereupon the Secretary of the Inte- rior shall cause the estate so relinquished to be allotted to such child or children subject to all conditions which attached to it before such re- linquishment. (June 25, 1910, ch. 431, § 3, 36 Stat. 856.) § 409. Sale of lands within reclamation projects 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 ap- proval, and when so approved shall convey full title to the purchaser the same as if final patent without restrictions had been issued to the al- lottee: 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 as- sessed 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. (June 21, 1906, ch. 3504, 34 Stat. 327.)