§ 407 TITLE 25—INDIANS Page 114

containing restrictions on alienations, the Secretary of the Interior is authorized to sell all

undivided Indian trust or restricted interests in

any part of the timber on such land.

(c) Unrestricted interests

Upon the request of the owner of an undivided

but unrestricted interest in land in which there

are trust or restricted Indian interests, the Secretary of the Interior is authorized to include

such unrestricted interest in a sale of the trust

or restricted Indian interests in timber sold pursuant to this section, and to perform any functions required of him by the contract of sale for

both the restricted and the unrestricted interests, including the collection and disbursement

of payments for timber and the deduction from

such payments of sums in lieu of administrative

expenses.

(d) Representation of minors and others

For the purposes of this Act, the Secretary of

the Interior is authorized to represent any Indian owner (1) who is a minor, (2) who has been

adjudicated non compos mentis, (3) whose ownership interest in a decedent’s estate has not

been determined, or (4) who cannot be located by

the Secretary after a reasonable and diligent

search and the giving of notice by publication.

(e) Emergency sales

The timber on any Indian land held under a

trust or other patent containing restrictions on

alienations may be sold by the Secretary of the

Interior without the consent of the owners when

in his judgment such action is necessary to prevent loss of values resulting from fire, insects,

disease, windthrow, or other natural catastrophes.

(f) Change in status without affecting contractual obligations

A change from a trust or restricted status to

an unrestricted status of any interest in timber

that has been sold pursuant to this section shall

not affect the obligations of the Secretary of the

Interior under any contract of sale that is in effect at the time such change in status occurs.

(June 25, 1910, ch. 431, §8, 36 Stat. 857; Pub. L.

88–301, Apr. 30, 1964, 78 Stat. 187.)

REFERENCES IN TEXT

This Act, referred to in subsec. (d), is act June 25,

1910, ch. 431, 36 Stat. 855, as amended, which enacted

sections 47, 93, 151, 202, 337, 344a, 351, 352, 353, 372, 403,

406, 407, and 408 of this title, sections 6a–1 and 16a of

Title 41, Public Contracts, and section 148 of Title 43,

Public Lands, and amended sections 191, 312, 331, 333,

and 336 of this title and sections 104 and 107 of former

Title 18, Criminal Code and Criminal Procedure. Sections 104 and 107 of former Title 18 were repealed and

reenacted as sections 1853 and 1856 of Title 18, Crimes

and Criminal Procedure, by act June 25, 1948, ch. 645, 62

Stat. 683. For complete classification of this Act to the

Code, see Tables.

AMENDMENTS

1964—Pub. L. 88–301 designated existing provisions as

subsec. (a), substituted ‘‘land’’ for ‘‘allotment’’, ‘‘owner

or owners’’ for ‘‘allottee’’ in two places, and ‘‘their benefit’’ for ‘‘his benefit’’, and provided for deductions for

administrative expenses from proceeds of sales without

violation of treaty obligations or Constitutional compensation provision, for consideration of needs and best

interests of owners and heirs, and for standards guiding

sales, and added subsecs. (b) to (f).

CROSS REFERENCES

Klamath Tribe timber sales, see section 564x of this

title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 353, 564h, 697,

747 of this title; title 43 section 1617.

§ 407. Sale of timber on unallotted lands

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.

(June 25, 1910, ch. 431, §7, 36 Stat. 857; Pub. L.

88–301, Apr. 30, 1964, 78 Stat. 186; Pub. L. 100–580,

§13, Oct. 31, 1988, 102 Stat. 2936.)

AMENDMENTS

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.

CROSS REFERENCES

Klamath Tribe timber sales, see section 564x of this

title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 353, 564h, 697,

747, 1724 of this title; title 43 section 1617.

§§ 407a to 407c. Omitted

CODIFICATION

Section 407a, acts Mar. 4, 1933, ch. 275, §1, 47 Stat.

1568; June 16, 1933, ch. 104, 48 Stat. 311; Mar. 5, 1934, ch.

46, 48 Stat. 397; May 6, 1936, ch. 340, 49 Stat. 1266, which

related to modification of existing contracts for sale of

tribal timber, was omitted on authority of act May 6,

1936, which provided that authority to modify existing

contracts for sale of tribal timber expire on Sept. 4,

1936.

Section 407b, act Mar. 4, 1933, ch. 275, §2, 47 Stat. 1569,

which related to modification of contracts for sale of

timber to individual allottee, was omitted in view of

the expiration of section 407a of this title.
Page 115 TITLE 25—INDIANS § 411

Section 407c, act Mar. 4, 1933, ch. 275, §3, 47 Stat. 1569,

which related to preference to indian labor in modified

contracts, was omitted in view of the expiration of section 407a of this title.

§ 407d. Charges for special services to purchasers

of timber

The Secretary of the Interior is authorized to

charge purchasers of timber on Indian lands that

are held by the United States in trust, or that

are subject to restrictions against alienation or

encumbrance imposed by the United States, for

special services requested by the purchasers in

connection with scaling, timber marking, or

other activities under the contract of purchase

that are in addition to the services otherwise

provided by the Secretary, and the proceeds derived therefrom shall be deposited to the credit

of the appropriation from which the special

services were or will be provided.

(July 30, 1956, ch. 781, 70 Stat. 721.)

§ 408. Surrender of allotments by relinquishment

for benefit of children

In any case where an Indian has an allotment

of land, or any right, title, or interest in such an

allotment, the Secretary of the Interior, in his

discretion, may permit such Indian to surrender

such allotment, or any right, title, or interest

therein, by such formal relinquishment as may

be prescribed by the Secretary of the Interior,

for the benefit of any of his or her children to

whom no allotment of land shall have been

made; and thereupon the Secretary of the Interior shall cause the estate so relinquished to be

allotted to such child or children subject to all

conditions which attached to it before such relinquishment.

(June 25, 1910, ch. 431, §3, 36 Stat. 856.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 353, 406, 564h,

697, 747 of this title; title 43 section 1617.

§ 409. Sale of lands within reclamation projects

Any Indian allotted lands under any law or

treaty without the power of alienation, and

within a reclamation project approved by the

Secretary of the Interior, may sell and convey

any part thereof, under rules and regulations

prescribed by the Secretary of the Interior, but

such conveyance shall be subject to his approval, and when so approved shall convey full

title to the purchaser the same as if final patent

without restrictions had been issued to the allottee: Provided, That the consideration shall be

placed in the Treasury of the United States, and

used by the Commissioner of Indian Affairs to

pay the construction charges that may be assessed against the unsold part of the allotment,

and to pay the maintenance charges thereon

during the trust period, and any surplus shall be

a benefit running with the water right to be paid

to the holder thereof.

(June 21, 1906, ch. 3504, 34 Stat. 327.)

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.

CROSS REFERENCES

Fort Peck Project, acquisition of lands for, see sections 833l to 833p of Title 16, Conservation.

§ 409a. Sale of restricted lands; reinvestment in

other restricted lands

Whenever any nontaxable land of a restricted

Indian of the Five Civilized Tribes or of any

other Indian tribe is sold to any State, county,

or municipality for public-improvement purposes, or is acquired, under existing law, by any

State, county, or municipality by condemnation

or other proceedings for such public purposes, or

is sold under existing law to any other person or

corporation for other purposes, the money received for said land may, in the discretion and

with the approval of the Secretary of the Interior, be reinvested in other lands selected by

said Indian, and such land so selected and purchased shall be restricted as to alienation, lease,

or incumbrance, and nontaxable in the same

quantity and upon the same terms and conditions as the nontaxable lands from which the reinvested funds were derived, and such restrictions shall appear in the conveyance.

(Mar. 2, 1931, ch. 374, 46 Stat. 1471; June 30, 1932,

ch. 333, 47 Stat. 474.)

AMENDMENTS

1932—Act June 30, 1932, made section applicable to

lands of any restricted Indian of any other Indian tribe,

and provided for sale of lands to any State and acquisition by any State instead of only to and by the State

of Oklahoma.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 955 of this title.

§ 410. Moneys from lease or sale of trust lands

not liable for certain debts

No money accruing from any lease or sale of

lands held in trust by the United States for any

Indian shall become liable for the payment of

any debt of, or claim against, such Indian contracted or arising during such trust period, or,

in case of a minor, during his minority, except

with the approval and consent of the Secretary

of the Interior.

(June 21, 1906, ch. 3504, 34 Stat. 327.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 955 of this title.

§ 411. Interest on moneys from proceeds of sale

The shares of money due minor Indians as

their proportion of the proceeds from the sale of

ceded or tribal Indian lands, whenever such

shares have been withheld from their parents,

legal guardians, or others, and retained in the

United States Treasury by direction of the Secretary of the Interior, shall draw interest at the

rate of 3 per centum per annum, unless otherwise provided for, from the period when such

proceeds have been or shall be distributed per

capita among the members of the tribe of which

such minor is a member; and the Secretary of