§ 464. — Transfer of restricted Indian lands or shares in assets of Indian tribes or corporation; exchange of lands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC464]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER V--PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES
Sec. 464. Transfer of restricted Indian lands or shares in
assets of Indian tribes or corporation; exchange of lands
Except as herein provided, no sale, devise, gift, exchange, or other
transfer of restricted Indian lands or of shares in the assets of any
Indian tribe or corporation organized hereunder, shall be made or
approved: Provided, however, That such lands or interests may, with the
approval of the Secretary of the Interior, be sold, devised, or
otherwise transferred to the Indian tribe in which the lands or shares
are located or from which the shares were derived or to a successor
corporation; and in all instances such lands or interests shall descend
or be devised, in accordance with the then existing laws of the State,
or Federal laws where applicable, in which said lands are located or in
which the subject matter of the corporation is located, to any member of
such tribe or of such corporation or any heirs or lineal descendants of
such member or, except as provided by the Indian Land Consolidation Act
[25 U.S.C. 2201 et seq.], any other Indian person for whom the Secretary
of the Interior determines that the United States may hold land in
trust: Provided further, That the Secretary of the Interior may
authorize voluntary exchanges of lands of equal value and the voluntary
exchange of shares of equal value whenever such exchange, in his
judgment, is expedient and beneficial for or compatible with the proper
consolidation of Indian lands and for the benefit of cooperative
organizations.
(June 18, 1934, ch. 576, Sec. 4, 48 Stat. 985; Pub. L. 96-363, Sec. 1,
Sept. 26, 1980, 94 Stat. 1207; Pub. L. 106-462, title I, Sec. 106(c),
Nov. 7, 2000, 114 Stat. 2007.)
References in Text
Herein provided, referred to in text, means provided in act June 18,
1934, which is classified generally to this subchapter. For complete
classification of this Act to the Code, see Short Title note set out
under section 461 of this title and Tables.
The Indian Land Consolidation Act, referred to in text, is title II
of Pub. L. 97-459, Jan. 12, 1983, 96 Stat. 2517, as amended, which is
classified generally to chapter 24 (Sec. 2201 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 2201 of this title and Tables.
Amendments
2000--Pub. L. 106-462, which directed the amendment of this section
by substituting ``member or, except as provided by the Indian Land
Consolidation Act,'' for ``member or:'', was executed by making the
substitution for ``member or'' before ``any other Indian person'' to
reflect the probable intent of Congress because the phrase ``member
or:'' did not appear in text.
1980--Pub. L. 96-363, which directed the amendment of the first
proviso of this section by substituting ``or any heirs or lineal
descendants of such member or any other Indian person for whom the
Secretary of the Interior determines that the United States may hold
land in trust'' for ``or any heirs of such members'', was executed by
making the substitution for ``or any heirs of such member'' to reflect
the probable intent of Congress.
Section Referred to in Other Sections
This section is referred to in section 473 of this title.
