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25 U.S.C. § 190Sale of plants or tracts not needed for administrative or allotment purposes

submitted 102 years ago by ch. 93 to r/title-25-INDIANS · 235 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior can sell small government land tracts no longer needed for tribal use. Sales must happen at public auction to the highest bidder. Money from these sales goes to the Indians who owned the land.

Subject to the applicable rules in chapters 1 to 11 of title 40, and certain listed parts of subtitle I of title 41, the Secretary of the Interior can sell nonreservation government tracts or plants, or tribal administrative plants or reserves — or parts of them. This applies to land not needed anymore for Indian administrative or allotment purposes, and to small unallotted tracts, when a sale would serve tribal interests. The land or tract being sold must be 40 acres or smaller, and worth $2,000 or less. The Secretary sets the sale's terms and conditions, but the price cannot be less than the property's appraised value. Every sale under this section must happen at public auction, going to the highest, best bidder. If a sale requires a survey to create the deed or patent, the Secretary can collect extra money from the buyer, on top of the purchase price, to cover the survey costs. The net money from selling any tribal site, plant, or tract goes into the U.S. Treasury, credited to the Indians who owned it, to be used for their benefit as existing law allows.
the actual law source: uscode.house.gov ↗public domain

Subject to applicable regulations under chapters 1 to 11 of title 40 and division C (except sections 3302, 3306(f), 3307(e), 3501(b), 3509, 3906, 4104, 4710, and 4711) of subtitle I of title 41, the Secretary of the Interior is authorized in his discretion to sell and convey by deed or patent, under such terms and conditions as he may prescribe, at not less than their appraised value, nonreservation Government tracts or plants or tribal administrative plants or reserves, or parts thereof, not exceeding forty acres in area and not exceeding $2,000 in value, not longer needed for Indian administrative or allotment purposes, and small unallotted tracts not exceeding forty acres, where a sale will serve the tribal interests. All sales made under this section shall be at public auction, to the highest and best bidder.

And the Secretary of the Interior is further authorized, where a tract to be disposed of under this section or any other Act authorizing the disposition of tribal lands requires survey as basis for a deed or patent, to accept from the grantee, in addition to the purchase price, an amount sufficient to cover the survey costs.

The net proceeds of sale of any tribal site, plant, or tract shall be deposited in the Treasury of the United States to the credit of the Indians owning the same, to be disposed of for their benefit in accordance with existing law.

Source credit: (Apr. 12, 1924, ch. 93, 43 Stat. 93; Oct. 31, 1951, ch. 654, § 2(16), 65 Stat. 707.)

history & why it existsrecord from the source credit
  • 1924Enacted · Act of Apr. 12, 1924, ch. 93 · 43 Stat. 93
  • 1951Amended · Act of Oct. 31, 1951, ch. 654 · 65 Stat. 707

A history note hasn’t been published yet. The record shows enactment by ch. 93 on 1924-04-12.

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