is or may be authorized by the tribal constitution, charter, or ordinances. Nothing contained in this section or section 403b of this title shall be construed to repeal any authority to lease restricted lands which any Indian, Indian tribe, or official of the Department of the Interior would have in the absence of such sections. (Aug. 9, 1946, ch. 929, § 2, 60 Stat. 962.) § 404. Sale on petition of allottee or heirs. The lands, or any part thereof, allotted to any Indian, or any inherited interest therein, which can be sold under existing law by authority of the Secretary of the Interior, except the lands in Oklahoma and the States of Minnesota and South Dakota, may be sold on the petition of the allottee, or his heirs, on such terms and conditions and under such regulations as the Secretary of the Interior may prescribe; and the lands of a minor, or of a person deemed incompetent by the Secretary of the Interior to petition for himself, may be sold in the same manner, on the petition of the natural guardian in the case of infants, and in the case of Indians deemed incompetent as aforesaid, and of orphans without a natural guardian, on petition of a person designated for the purpose by the Secretary of the Interior. When any Indian who has received an allotment of land dies before the expiration of the trust period, the Secretary of the Interior shall ascertain the legal heirs of such Indian, and if satisfied of their ability to manage their own affairs shall cause to be issued in their names a patent in fee simple for said lands; but if he finds them incapable of managing their own affairs, the land may be sold as hereinbefore provided: Provided, That the proceeds derived from all sales hereunder shall be used, during the trust period, for the benefit of the allottee, or heir, so disposing of his interest, under the supervision of the Commissioner of Indian Affairs: And provided further, That upon the approval of any sale hereunder by the Secretary of the Interior, he shall cause a patent in fee to issue in the name of the purchaser for the lands so sold: And provided further, That nothing in this section shall apply to the States of Minnesota and South Dakota. (May 29, 1908, ch. 216, § 1, 35 Stat. 444.) YAKIMA INDIAN RESERVATION, WASHINGTON Special provisions for sale of interests of Indian minors 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. TRANSFER OF FUNCTIONS All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees. CROSS REFERENCES Sale of land of deceased allottee, see section 372 of this title. § 405. Sale of allotment of noncompetent Indian. Any noncompetent Indian to whom a patent containing restrictions against alienation has been is sued for an allotment of land in severalty, under any law or treaty, or who may have an interest in any allotment by inheritance, 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.) TRANSFER OF FUNCTIONS All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers 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 Interior, and the proceeds from such sales, after deductions for administrative expenses to the extent 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 prescribed by the Secretary of the Interior. It is the intention of Congress that a deduction for administrative expenses may be made in any case unless the deduction would violate a treaty obligation or amount to a taking of private property for public use without just compensation in violation of the fifth amendment to the Constitution. 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 Secretary 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 Secretary of the Interior is authorized to include such unrestricted interest in a sale of the trust or restricted Indian interests in timber sold pursuant to this section, and to perform any functions required of him by the contract of sale for both the restricted and the unrestricted interests, 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 Indian owner (1) who is a minor, (2) who has been adjudicated non compos mentis, (3) whose ownership 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 prevent loss of values resulting from fire, insects, disease, windthrow, or other natural catastrophes. (f) Change in status without affecting contractual 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 effect at the time such change in status occurs. (June 25, 1910, ch. 431, § 8, 36 Stat. 857; Apr. 30, 1964, Pub. L. 88-301, 78 Stat. 187.) REFERENCES IN TEXT "This Act", referred to in subsection (d), means act June 25, 1910. For distribution of act June 25, 1910 in the Code, see tables volume. AMENDMENTS 1964 Subsec. (a). Pub. L. 88-301 designated existing provisions as subsection (a), substituted therein "land" for "allotment", "owner or owners" for "allottee" in two instances, and "their benefit" for "his benefit", and provided for deductions for administrative expenses from proceeds of sales without violation of treaty obligations or Constitutional compensation provision, for consideration of needs and best interests of owners and heirs, and for standards guiding sales. Subsecs. (b)-(f). Pub. L. 88-301 added subsecs. (b)(f). CROSS REFERENCES Klamath Tribe timber sales, see section 564x of this title. § 407. Sale of timber on unallotted lands. 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 deductions for administrative expenses pursuant to section 413 of this title, shall be used for the benefit of the Indians who are members of the tribe or tribes concerned in such manner as he may direct. (June 25, 1910, ch. 431, § 7, 36 Stat. 857; Apr. 30, 1964, Pub. L. 88-301, 78 Stat. 186.) AMENDMENTS 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 tribal members the beneficiaries instead of the Indians of the reservation, and eliminated proviso which made the section inapplicable to Minnesota and Wisconsin. CROSS REFERENCES Klamath Tribe timber sales, see section 564x of this title. S$ 407a-407c. Omitted. CODIFICATION The authority granted by these sections to modify contracts of sale of tribal timber, acts Mar. 4, 1933, ch. 275, §§ 1-3, 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, expired on Sept. 4, 1936, by virtue of the amendment of May 6, 1936. § 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 derived therefrom shall be deposited to the credit of the appropriation from which the special services were or will be provided. (Julv 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 Interior shall cause the estate so relinquished to be allotted to such child or children subject to all conditions which attached to it before such relinquishment. (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 approval, and when so approved shall convey full title to the purchaser the same as if final patent without restrictions had been issued to the allottee: 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 assessed 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.) TRANSFER OF FUNCTIONS All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees. CROSS REFERENCES Fort Peck Project, acquisition of lands for, see sections 8331-833p of Title 16, Conservation. § 409a. Sale of restricted lands; reinvestment in other restricted lands. Whenever any nontaxable land of a restricted Indian of the Five Civilized Tribes or of any other Indian tribe is sold to any State, county, or municipality for public-improvement purposes, or is acquired, under existing law, by any State, county, or municipality by condemnation or other proceedings for such public purposes, or is sold under existing law to any other person or corporation for other purposes, the money received for said land may, in the discretion and with the approval of the Secretary of the Interior, be reinvested in other lands selected by said Indian, and such land so selected and purchased shall be restricted as to alienation, lease, or incumbrance, and nontaxable in the same quantity and upon the same terms and conditions as the nontaxable lands from which the reinvested funds were derived, and such restrictions shall appear in the conveyance. (aMr. 2, 1931, ch. 374, 46 Stat. 1471; June 30, 1932, ch. 333, 47 Stat. 474.) AMENDMENTS 1992-Act June 30, 1932, made the provisions of the section applicable to lands of any restricted Indian of any other Indian tribe, and provided for sale of lands to any State and acquisition by any State instead of only to and by the State of Oklahoma. § 410. Moneys from lease or sale of trust lands not liable for certain debts. No money accruing from any lease or sale of lands held in trust by the United States for any Indian shall become liable for the payment of any debt of, or claim against, such Indian contracted or arising during such trust period, or, in case of a minor, during his minority, except with the approval and consent of the Secretary of the Interior. (June 21, 1906, ch. 3504, 34 Stat. 327.) § 411. Interest on moneys from proceeds of sale. The shares of money due minor Indians as their proportion of the proceeds from the sale of ceded or tribal Indian lands, whenever such shares have been withheld from their parents, legal guardians, or others, and retained in the United States Treasury by direction of the Secretary of the Interior, shall draw interest at the rate of 3 per centum per annum, unless otherwise provided for, from the period when such proceeds have been or shall be distributed per capita among the members of the tribe of which 36-500 0-65-vol. 6- -10 such minor is a member; and the Secretary of the Treasury is authorized and directed to allow interest on such unpaid amounts belonging to said minors as shall be certified by the Secretary of the Interior as entitled to draw interest under this section. (June 21, 1906, ch. 3504, 34 Stat. 327.) § 412. Payment of taxes from share of allottee in tribal funds. In any case where the restrictions as to alienation have been removed with respect to any Indian allottee, or as to any portion of the lands of any Indian allottee, and such allottee as an individual, or as a member of any tribe, has an interest in any fund held by the United States beyond the amount by law chargeable to such Indian or tribe on account of advances, the Commissioner of Indian Affairs is authorized, prior to the date at which any penalties for the nonpayment of taxes would accrue under the laws of the State or Territory in which such land is situated, to pay such taxes and charge the amount thereof to such allottee, to be deducted from the share of such allottee in the final distribution or payment to him from such fund: Provided, That no such payment shall be made by said commissioner where it is in excess of the amount which will ultimately be due said allottee. (Mar. 1, 1907, ch. 2285, 34 Stat. 1016.) TRANSFER OF FUNCTIONS All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees. § 412a. Exemption from taxation of lands subject to restrictions against alienation; determination of homestead. All homesteads, heretofore purchased out of the trust or restricted funds of individuals Indians, are declared to be instrumentalities of the Federal Government and shall be nontaxable until otherwise directed by Congress: Provided, That the title to such homesteads shall be held subject to restrictions against alienation or encumbrance except with the approval of the Secretary of the Interior: And provided further, That the Indian owner or owners shall select, with the approval of the Secretary of the Interior, either the agricultural and grazing lands, not exceeding a total of one hundred and sixty acres, or the village, town, or city property, not exceeding in cost $5,000, to be designated as a homestead. (June 20, 1936, ch. 622, § 2, 49 Stat. 1542; May 19, 1937, ch. 227, 50 Stat. 188.) AMENDMENTS 1937-Act May 19, 1937, substituted "All homesteads" and "individual Indians" for "All lands the title to which is now held by an Indian subject to restrictions against alienation or encumbrance except with the consent or approval of the Secretary of the Interior" and "said Indian" and added the two provisos. § 413. Fees to cover cost of work performed for Indians. The Secretary of the Interior is authorized, in his discretion, and under such rules and regulations as he may prescribe, to collect reasonable fees to cover the cost of any and all work performed for Indian tribes or for individual Indians, to be paid by vendees, lessees, or assignees, or deducted from the proceeds of sale, leases, or other sources of revenue: Provided, That the amounts so collected shall be covered into the Treasury as miscellaneous receipts. except when the expenses of the work are paid from Indian tribal funds, in which event they shall be credited to such funds. (Feb. 14, 1920, ch. 75, § 1, 41 Stat. 415; Mar. 1, 1933, ch. 158, 47 Stat. 1417.) AMENDMENTS 1933-Act Mar. 1, 1933, substituted "to collect reasonable fees to cover the cost of any and all work performed for Indian tribes or individual Indians" for "to charge a reasonable fee for the work incident to the sale, leasing, or assigning of such lands, or in the sale of the timber or in the administration of Indian forests" and "deducted from the proceeds of sale, leases, or other sources of revenue" for "from the proceeds of sales", deleted the introductory words "In the sale of all Indian allotments, or in leases, or assignment of leases covering tribal or allotted lands for minerals, farming, grazing, business or other purposes, or in the sale of timber thereon" and provided for the use of discretion and the crediting of Indian tribal funds. § 414. Reservation of minerals in sale of ChoctawChickasaw lands. After August 25, 1937, in all sales of tribal lands of the Choctaw and Chickasaw Indians in Oklahoma provided for by existing law, the Secretary of the Interior is authorized to offer such lands for sale subject to a reservation of the mineral rights therein, including oil and gas, for the benefit of said Indians, whenever in his judgment the interests of the Indians will best be served thereby. (Aug. 25, 1937, ch. 778, 50 Stat. 810.) § 415. Leases of restricted lands for public, religious, educational, recreational, residential, business, and other purposes. Any restricted Indian lands, whether tribally or individually owned, may be leased by the Indian owners, with the approval of the Secretary of the Interior, for public, religious, educational, recreational, residential, or business purposes, including the development or utilization of natural resources in connection with operations under such leases, for grazing purposes, and for those farming purposes which require the making of a substantial investment in the improvement of the land for the production of specialized crops as determined by said Secretary. All leases so granted shall be for a term of not to exceed twenty-five years, except leases of land on the Agua Caliente (Palm Springs) Reservation, the Dania Reservation, the Southern Ute Reservation, the Fort Mojave Reservation, and the Navajo Reservation which may be for a term of not to exceed ninety-nine years, and except leases of land for grazing purposes which may be for a term of not to exceed ten years. Leases for public, religious, educational, recreational, residential or business purposes (except leases the initial term of which extends for more than seventy-four years) with the consent of both parties may include provisions authorizing their renewal for one additional term of not to exceed twenty-five years, and all leases and renewals shall be made under such terms and regulations as may be prescribed by the Secretary of the Interior. (Aug. 9, 1955, ch. 615, § 1, 69 Stat. 539; Sept. 21, 1959, Pub. L. 86-326, 73 Stat. 597; June 11, 1960, Pub. L. 86-505, § 2, 74 Stat. 199; Oct. 4, 1961, Pub. L. 87-375, 75 Stat. 804; Oct. 10, 1962, Pub. L. 87-785, 76 Stat. 805; Nov. 4, 1963, Pub. L. 88-167, 77 Stat. 301.) AMENDMENTS 1963-Pub. L. 88-167 inserted "the Fort Mojave Reservation," following "Southern Ute Reservation." 1962-Pub. L. 87-785 authorized leases for not more than 99 years of lands on the Southern Ute Reservation. 1961—Pub. L. 87-375 authorized longer term leases of Indian lands on the Dania Reservation and excepted from renewal leases the initial term of which extends for more than 74 years. 1960-Pub. L. 86-505 authorized leases for not more than 99 years of lands on the Navajo Reservation. 1959-Pub. L. 86–326 substituted "except leases of land on the Agua Caliente (Palm Springs) Reservation which may be for a term of not to exceed ninety-nine years, and except leases of land for grazing purposes which may" for "excepting leases for grazing purposes, which shall", in second sentence. § 415a. Same; lease of lands of deceased Indians for benefit of heirs or devisees. Restricted lands of deceased Indians may be leased under sections 396 and 415—415d of this title, for the benefit of their heirs or devisees, in the circumstances and by the persons prescribed in section 380 of this title: Provided, That if the authority of the Secretary under this section is delegated to any subordinate official, then any heir or devisee shall have the right to appeal the action of any such official to the Secretary under such rules and regulations as he may prescribe. (Aug. 9, 1955, ch. 615, § 2, 69 Stat. 539.) § 415b. Same; advance payment of rent or other consideration. No rent or other consideration for the use of land leased under sections 396 and 415-415d of this title shall be paid or collected more than one year in advance, unless so provided in the lease. (Aug. 9, 1955, ch. 615, § 4, 69 Stat. 540.) § 415c. Same; approval of leases. The Secretary of the Interior shall approve no lease pursuant to sections 396 and 415-415d of this title that contains any provision that will prevent or delay a termination of Federal trust responsibilities with respect to the land during the term of the lease. (Aug. 9, 1955, ch. 615, § 5, 69 Stat. 540.) § 415d. Same; lease of restricted lands under other laws unaffected. Nothing contained in sections 396 and 415-415d of this title shall be construed to repeal any authority to lease restricted Indian lands conferred by or pursuant to any other provision of law. (Aug. 9, 1955, ch. 615, § 6, 69 Stat. 540.) Chapter 13.-CEDED INDIAN LANDS §§ 421-427. Transferred. CODIFICATION Sections are now set out as sections 179, 180, 187b, 731, and 1195-1197 of Title 43, Public Lands. They were derived as follows: § 421 from act May 17, 1900, ch. 479, § 1, 31 Stat. 179; § 422 from act Jan. 26, 1901, ch. 180, 81 Stat. 740; § 423 from act May 22, 1902, ch. 821, § 2, 32 Stat. 203; § 424 from act Mar. 3, 1901, ch. 832, § 1, 31 Stat. 1077; 425 from act June 6, 1912, ch. 155, 37 Stat. 125; Indian forestry units; rules and regulations. 468. Allotments or holdings outside of reservations. Reversion of interest in property on death without heirs or devisees. FEES AND CHARGES 561, 562. Omitted. 563. Salaries and expenses for Klamath Tribe Officials. KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION 564. Purpose. 564a. Definitions. 564b. Membership roll; closure; preparation and initial publication; appeal from inclusion or omission from roll; finality of determination; final publication. 564c. Personal property rights; restrictions; tax exemption. 564d. Management specialists; employment; duties; authorization of expenditures. 564e. Sale of tribal property; transfer procedure; time limitation; effect on tribal members selling interests. 564f. Per capita payments to tribal members. 564g. Individual property. (a) Transfer of unrestricted control. (b) Removal of restrictions on sales or encumbrances; fee simple title. (c) Multiple land ownership; partition; sale; election to purchase; unlocated owners. (d) Approval of exchanges or sales by Secretary. 564h. Property of deceased members; probate laws. 5641. Transfer of Federally owned property. |