Title 25 — Indians
Chapter 12 — Lease, Sale, or Surrender of Allotted or Unallotted Lands
§ 407. Sale of timber on unallotted lands
Statutory text
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 management or to convert the land to a more desirable use. After deduction, if any, for administrative expenses under section 413 of this title, the proceeds of the sale shall be used—
as determined by the governing bodies of the tribes concerned and approved by the Secretary, or
in the absence of such a governing body, as determined by the Secretary for the tribe concerned.
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. 61–431 § 7 · 36 Stat. 855
Enacted · 25 U.S.C. § 407
June 25, 1910, ch. 431, § 7, 36 Stat. 857
Source evidence
Code source credit
June 25, 1910, ch. 431, § 7, 36 Stat. 857Enacted provision · exact public law section
Sec. 7. That the mature living and dead and down timber on Indian reservations. Sales of timber on unallotted lands in. Unallotted lands of any Indian reservation may be sold under regulations to be proscribed by the Secretary of the Interior, and the proceeds from such sales shall be used for the benefit of the Indians or the reservation in such manner as ho may direct: Provided, That this Proviso. Exception. section shall not apply to the States of Minnesota and Wisconsin.Pub. L. 88–301 · 78 Stat. 186
Substituted · 25 U.S.C. § 407
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
Struck · 25 U.S.C. § 407
Pub. L. 88–301 struck out proviso which made section inapplicable to Minnesota and Wisconsin
Source evidence
Code amendment note
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 struck out proviso which made section inapplicable to Minnesota and Wisconsin.Hoopa-Yurok Settlement Act
Pub. L. 100–580 § 13 · 102 Stat. 2924
Amended · 25 U.S.C. § 407
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 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.”
Source evidence
Code amendment note
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 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.”Enacted provision · exact public law section
SEC. 13. TRIBAL TIMBER SALES PROCEEDS USE. Section 7 of the Act of June 25, 1910 (36 Stat. 857; 25 U.S.C. 407) is amended to read as follows: “Sec. 7. 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 management or to convert the land to a more desirable use. After deduction, if any, for administrative expenses under the Act of February 14, 1920 (41 Stat. 415; 25 U.S.C. 413), the proceeds of the sale shall be used— “(1) as determined by the governing bodies of the tribes concerned and approved by the Secretary, or “(2) in the absence of such a governing body, as determined by the Secretary for the tribe concerned.”.
2 of 4 references resolved to an enrolled provision · 2 partial
Editorial Notes
Amendments1964–1988 · 2 rounds
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 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.”
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 struck out proviso which made section inapplicable to Minnesota and Wisconsin.
Credits
1910–1988 · 3 acts
- 1910June 25, 1910, ch. 431, § 7, 36 Stat. 857
- 1964Pub. L. 88–301, , 78 Stat. 186
- 1988Pub. L. 100–580, § 13, , 102 Stat. 2936.
Show as published
(June 25, 1910, ch. 431, § 7, 36 Stat. 857; Pub. L. 88–301, , 78 Stat. 186; Pub. L. 100–580, § 13, , 102 Stat. 2936.)