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