Title 25 — Indians
Chapter 12 — Lease, Sale, or Surrender of Allotted or Unallotted Lands
§ 392. Consent to or approval of alienation of allotments by Secretary of the Interior
Statutory text
Whenever, in any law or treaty or in any patent issued to Indian allottees for lands in severalty pursuant to such law or treaty, there appears a provision to the effect that the lands so allotted cannot be alienated without the consent 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 , had in all such cases shall have the same force and legal effect as though the consent or approval of the President 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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 67–367 § 6 · 42 Stat. 994
Enacted · 25 U.S.C. § 392
(Sept. 21, 1922, ch. 367, § 6, 42 Stat. 995.)
Source evidence
Code source credit
(Sept. 21, 1922, ch. 367, § 6, 42 Stat. 995.)Enacted provision · exact public law section
Sec. 6. That wherever, in any law or treaty or in any patent Alienation restrictions on Indian allotments may be removed by Secretary of the Interior. issued to Indian allottees for lands in severalty pursuant to such law or treaty, there appears a provision to the effect that the lands so allotted can not be alienated without the consent 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 hereafter had in all such cases shall have the same force and legal effect as though the consent or approval of the President had previously been obtained: Provided, however, Proviso. Effect on wills by Indian allottees. 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.
1 of 1 references resolved to an enrolled provision
Credits
(Sept. 21, 1922, ch. 367, § 6, 42 Stat. 995.)