Page 113 TITLE 25—INDIANS § 406

in the manner prescribed by section 380 of this

title. No lease shall be made by or on behalf of

any tribe for a longer period than 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.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 403b of this title.

§ 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.)

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees,

and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with

power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2,

eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in

the Appendix to Title 5, Government Organization and

Employees.

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.

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 issued 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

For transfer of functions of other officers, employees,

and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with

power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2,

eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in

the Appendix to Title 5, Government Organization 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