§ 502. — Purchase of restricted Indian lands; preference to Secretary of the Interior; waiver of preference.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC502]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER VIII--INDIANS IN OKLAHOMA: PROMOTION OF WELFARE
Sec. 502. Purchase of restricted Indian lands; preference to
Secretary of the Interior; waiver of preference
Whenever any restricted Indian land or interests in land, other than
sales or leases of oil, gas, or other minerals therein, are offered for
sale, pursuant to the terms of this subchapter or any other Act of
Congress, the Secretary of the Interior shall have a preference right,
in his discretion, to purchase the same for or in behalf of any other
Indian or Indians of the same or any other tribe, at a fair valuation to
be fixed by the appraisement satisfactory to the Indian owner or owners,
or if offered for sale at auction said Secretary shall have a preference
right, in his discretion, to purchase the same for or in behalf of any
other Indian or Indians by meeting the highest bid otherwise offered
therefor.
The preference right of the Secretary to purchase shall be
considered as waived where notice of the pendency of sale is given in
writing to the Superintendent of the Five Civilized Tribes for at least
ten days prior to the date of sale and the Secretary does not within
that time exercise the preferential right to purchase.
(June 26, 1936, ch. 831, Sec. 2, 49 Stat. 1967; Aug. 4, 1947, ch. 458,
Sec. 10, 61 Stat. 734.)
Amendments
1947--Act Aug. 4, 1947, provided for waiver of preference by failure
to purchase after notice.