§ 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
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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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
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, continue 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.