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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—

(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.

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.

  1. 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. 857

    Enacted 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.

  2. Pub. L. 88–301 · 78 Stat. 186

    1. 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

    2. 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.

  3. 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
  1. 1910June 25, 1910, ch. 431, § 7, 36 Stat. 857
  2. 1964Pub. L. 88–301, , 78 Stat. 186
  3. 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.)

Parsed from the official OLRC USLM XML in data/usc_all/usc25.xml · release point 119-108 · OLRC build 2026-05-06

USLM identifier /us/usc/t25/s407