ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

25 U.S.C. § 392Consent to or approval of alienation of allotments by Secretary of the Interior

submitted 104 years ago by ch. 367 to r/title-25-INDIANS · 180 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the Secretary of the Interior approve the sale or transfer of Indian land allotments. Normally, only the President could allow this. Now the Secretary's approval counts the same as the President's, with one exception for certain wills.

Some laws, treaties, or land patents say that land allotted to an individual Indian cannot be sold, given away, or otherwise transferred ("alienated") without the President's consent. This section gives the Secretary of the Interior full power to give that consent or approval instead, whether the transfer happens by deed, will, lease, or another form. Starting on September 21, 1922, when the Secretary consents or approves, it has exactly the same legal force as if the President had approved it personally. There is one exception. If the Secretary approves a will made by an Indian allottee or an allottee's heirs, involving land held under one of these patents, that approval does not automatically end the land's restriction against being sold or transferred. The restriction stays in place unless the Secretary's approval order specifically says it is lifted.
the actual law source: uscode.house.gov ↗public domain

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.

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

history & why it existsrecord from the source credit
  • 1922Enacted · Act of Sept. 21, 1922, ch. 367 · 42 Stat. 995

A history note hasn’t been published yet. The record shows enactment by ch. 367 on 1922-09-21.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case