25 U.S.C. § 409 — Sale of lands within reclamation projects

submitted 120 years ago by ch. 3504 to r/title-25-INDIANS · 147 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets Indian allottees sell restricted land inside a reclamation project, with the Secretary's approval. A Secretary-approved sale transfers full title, as if no restrictions ever existed. Sale proceeds pay the land's construction and maintenance charges, and any surplus goes to the water-right holder.

An Indian allottee who holds land under a treaty or law that normally can't be sold ("without power of alienation") may sell part of that land, if it's inside a reclamation project the Secretary of the Interior approved. The sale must follow rules the Secretary sets, and the Secretary must approve the specific sale. Once approved, the sale transfers full title to the buyer — the same as if the government had already issued a final, unrestricted patent to the allottee. The purchase money must go to the U.S. Treasury. The Commissioner of Indian Affairs uses it to pay the construction charges assessed against the unsold part of the allotment, and to pay maintenance charges on it during the trust period. Any money left over becomes a benefit tied to the water right and gets paid to whoever holds that water right.

the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (June 21, 1906, ch. 3504, 34 Stat. 327.)

history & why it existsrecord from the source credit

1906Enacted · Act of June 21, 1906, ch. 3504 · 34 Stat. 327

A history note hasn’t been published yet. The record shows enactment by ch. 3504 on 1906-06-21.

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