Title 25 — Indians
Chapter 45A — Oklahoma Indian Welfare
§ 5202. Purchase of restricted Indian lands; preference to Secretary of the Interior; waiver of preference
Statutory text
Whenever any restricted Indian land or interests in land, other than sales or leases of oil, gas, or other minerals therein, are offered for sale, pursuant to the terms of this chapter or any other Act of Congress, the Secretary of the Interior shall have a preference right, in his discretion, to purchase the same for or in behalf of any other Indian or Indians of the same or any other tribe, at a fair valuation to be fixed by the appraisement satisfactory to the Indian owner or owners, or if offered for sale at auction said Secretary shall have a preference right, in his discretion, to purchase the same for or in behalf of any other Indian or Indians by meeting the highest bid otherwise offered therefor.
The preference right of the Secretary to purchase shall be considered as waived where notice of the pendency of sale is given in writing to the Superintendent of the Five Civilized Tribes for at least ten days prior to the date of sale and the Secretary does not within that time exercise the preferential right to purchase.
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. 74–831 § 2 · 49 Stat. 1028
Enacted · 25 U.S.C. § 5202
June 26, 1936, ch. 831, § 2, 49 Stat. 1967
Source evidence
Code source credit
June 26, 1936, ch. 831, § 2, 49 Stat. 1967Enacted provision · exact public law section
Sec. 2. That for the purpose of controlling floods, improving Projects adopted for controlling floods, etc. navigation, regulating the flow of the streams of the United States, providing for storage and for the delivery of the stored waters thereof, for the reclamation of public lands and Indian reservations,and other beneficial uses, and for the generation of electric energy as a means of financially aiding and assisting such undertakings, the projects known as “Parker Dam” on the Colorado River and “Grand Coulee Dam” on the Columbia River, are hereby authorized and adopted, and all contracts and agreements which have been executed in connection therewith are hereby validated and ratified, and the President, acting through such agents as he may designate, Construction, etc., authorized. Post, p. 1784. is hereby authorized to construct, operate, and maintain dams, structures, canals, and incidental works necessary to such projects, and in connection therewith to make and enter into any and all necessary contracts including contracts amendatory of or supplemental. to those hereby validated and ratified. The construction by the Secretary of the Interior of a dam in and across the Colorado River at or near Head Gate Rock, Arizona, and structures, canals, and incidental works necessary in connection therewith is hereby authorized, and none of the waters, conserved, used, or appropriated under the works hereby authorized shall be charged against the waters allocated to the upper basin by the Colorado River compact, nor shall any priority be established against such upper basin by reason of such conservation, use, or appropriation; nor shall said dam, structures, canals, and works, or any of them, be used as the basis of making any such charge, or establishing any such priority or right, and all contracts between the United States and the users of said water from or by means of said instrumentalities shall provide against the making of any such charge or claim or the establishment of any priority right or claim to any part or share of the water of the Colorado River allocated to the Upper Basin by the Colorado River compact, and all use of said instrumentalities shall be in compliance with the conditions and provisions of said Colorado River compact and the Boulder Canyon Project Act.
1 of 1 references resolved to an enrolled provision
Editorial Notes
Codification
Section was formerly classified to section 502 of this title prior to editorial reclassification and renumbering as this section.
Amendments
1947—Act , added second paragraph.
Credits
1936–1947 · 2 acts
- 1936June 26, 1936, ch. 831, § 2, 49 Stat. 1967
- 1947Aug. 4, 1947, ch. 458, § 10, 61 Stat. 734.
Show as published
(June 26, 1936, ch. 831, § 2, 49 Stat. 1967; Aug. 4, 1947, ch. 458, § 10, 61 Stat. 734.)