§ 391 TITLE 25—INDIANS Page 104

(f) Change in status without affecting

contractual obligations.

407. Sale of timber on unallotted lands.

407a to 407c. Omitted.

407d. Charges for special services to purchasers of

timber.

408. Surrender of allotments by relinquishment

for benefit of children.

409. Sale of lands within reclamation projects.

409a. Sale of restricted lands; reinvestment in

other restricted lands.

410. Moneys from lease or sale of trust lands not

liable for certain debts.

411. Interest on moneys from proceeds of sale.

412. Payment of taxes from share of allottee in

tribal funds.

412a. Exemption from taxation of lands subject to

restrictions against alienation; determination of homestead.

413. Fees to cover cost of work performed for Indians.

414. Reservation of minerals in sale of ChoctawChickasaw lands.

415. Leases of restricted lands.

(a) Authorized purposes; term; approval

by Secretary.

(b) Leases involving Tulalip Tribes.

(c) Leases involving Hopi Tribe and Hopi

Partitioned Lands Accommodation

Agreement.

(d) Definitions.

415a. Lease of lands of deceased Indians for benefit

of heirs or devisees.

415b. Advance payment of rent or other consideration.

415c. Approval of leases.

415d. Lease of restricted lands under other laws unaffected.

416. Leases of trust or restricted lands on San Xavier and Salt River Pima-Maricopa Indian

Reservations for public, religious, educational, recreational, residential, business,

farming or grazing purposes.

416a. Lease provisions.

(a) Covenant not to cause waste, etc.

(b) Judicial enforcement.

(c) Binding arbitration of disputes.

416b. Development pursuant to lease.

(a) Notice requirements prior to approval

of lease.

(b) Development by non-Indian lessees.

416c. Lease of lands of deceased Indians for benefit

of heirs or devisees.

416d. Advance payment of rent or other consideration.

416e. Approval of leases.

416f. Dedication of land for public purposes.

416g. Contract for water, sewerage, law enforcement, or other public services.

416h. Zoning, building, and sanitary regulations.

416i. Restrictions.

416j. Mission San Xavier del Bac.

§ 391. Continuance of restrictions on alienation

in patent

Prior to the expiration of the trust period of

any Indian allottee to whom a trust or other

patent containing restrictions upon alienation

has been or shall be issued under any law or

treaty the President may, in his discretion, continue such restrictions on alienation for such

period as he may deem best: Provided, however,

That this shall not apply to lands in the former

Indian Territory.

(June 21, 1906, ch. 3504, 34 Stat. 326.)

CROSS REFERENCES

Certain lands not to be allotted in severalty to any

Indian, see section 461 of this title.

Extension of trust periods expiring in 1943, and extension of trust periods of certain lands, see notes under

section 348 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 348a of this title.

§ 391a. Sale for town site; removal of restriction

For the purpose of allowing any Indian allottee to sell for townsite purposes any portion of

the lands allotted to him, the Secretary of the

Interior may, by order, remove restrictions upon

the alienation of such lands and issue fee-simple

patents therefor under such rules and regulations as he may prescribe.

(June 21, 1906, ch. 3504, 34 Stat. 373.)

CROSS REFERENCES

Certain lands not to be allotted in severalty to any

Indian, see section 461 of this title.

§ 392. Consent to or approval of alienation of allotments by Secretary of the Interior

Whenever, in any law or treaty or in any patent issued to Indian allottees for lands in severalty pursuant to such law or treaty, there appears a provision to the effect that the lands so

allotted cannot be alienated without the consent of the President of the United States, the

Secretary of the Interior shall have full power

and authority to consent to or approve of the

alienation of such allotments, in whole or in

part, in his discretion, by deed, will, lease, or

any other form of conveyance, and such consent

or approval by the Secretary of the Interior on

and after September 21, 1922, had in all such

cases shall have the same force and legal effect

as though the consent or approval of the President had previously been obtained: Provided,

however, That the approval by the Secretary of

the Interior of wills by Indian allottees or their

heirs involving lands held under such patents

shall not operate to remove the restrictions

against alienation unless such order of approval

by said Secretary shall specifically so direct.

(Sept. 21, 1922, ch. 367, §6, 42 Stat. 995.)

CROSS REFERENCES

Certain lands not to be allotted in severalty to any

Indian, see section 461 of this title.

§ 393. Leases of restricted allotments

The restricted allotment of any Indian may be

leased for farming and grazing purposes by the

allottee or his heirs, subject only to the approval of the superintendent or other officer in

charge of the reservation where the land is located, under such rules and regulations as the

Secretary of the Interior may prescribe: Provided, That this provision shall not apply to the

Five Civilized Tribes.

(Mar. 3, 1921, ch. 119, 41 Stat. 1232.)

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.