25 U.S.C. § 405 — Sale of allotment of noncompetent Indian

This section applies to a "noncompetent" Indian who holds a patent with restrictions against selling land — someone the government has decided needs added protection when transferring property. It also applies if that person inherited an interest in an allotment. That person may sell or otherwise convey all or part of the allotment, or the inherited interest, but only under terms, conditions, rules, and regulations set by the Secretary of the Interior. The money from the sale must be used to benefit the person who sold the land or interest. This use of proceeds is supervised by the Commissioner of Indian Affairs. If the Secretary of the Interior approves the sale, the conveyance passes full title to the land or interest — the same as if the government had issued a fee-simple patent (full, unrestricted ownership) to the person selling.