§ 379. — Sale of allotted lands by heirs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC379]
TITLE 25--INDIANS
CHAPTER 10--DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE
Sec. 379. Sale of allotted lands by heirs
The adult heirs of any deceased Indian to whom a trust or other
patent containing restrictions upon alienation has been or shall be
issued for lands allotted to him may sell and convey the lands inherited
from such decedent, but in case of minor heirs their interests shall be
sold only by a guardian duly appointed by the proper court upon the
order of such court, made upon petition filed by the guardian, but all
such conveyances shall be subject to the approval of the Secretary of
the Interior, and when so approved shall convey a full title to the
purchaser, the same as if a final patent without restriction upon the
alienation had been issued to the allottee. All allotted land so
alienated by the heirs of an Indian allottee and all land so patented to
a white allottee shall thereupon be subject to taxation under the laws
of the State or Territory where the same is situate: Provided, That the
sale herein provided for shall not apply to the homestead during the
life of the father, mother or the minority of any child or children.
(May 27, 1902, ch. 888, Sec. 7, 32 Stat. 275.)
