§ 190. — Sale of plants or tracts not needed for administrative or allotment purposes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC190]
TITLE 25--INDIANS
CHAPTER 5--PROTECTION OF INDIANS
Sec. 190. Sale of plants or tracts not needed for administrative
or allotment purposes
Subject to applicable regulations under the Federal Property and
Administrative Services Act of 1949, as amended,\1\ the Secretary of the
Interior is authorized in his discretion to sell and convey by deed or
patent, under such terms and conditions as he may prescribe, at not less
than their appraised value, nonreservation Government tracts or plants
or tribal administrative plants or reserves, or parts thereof, not
exceeding forty acres in area and not exceeding $2,000 in value, not
longer needed for Indian administrative or allotment purposes, and small
unallotted tracts not exceeding forty acres, where a sale will serve the
tribal interests. All sales made under this section shall be at public
auction, to the highest and best bidder.
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\1\ See References in Text note below.
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And the Secretary of the Interior is further authorized, where a
tract to be disposed of under this section or any other Act authorizing
the disposition of tribal lands requires survey as basis for a deed or
patent, to accept from the grantee, in addition to the purchase price,
an amount sufficient to cover the survey costs.
The net proceeds of sale of any tribal site, plant, or tract shall
be deposited in the Treasury of the United States to the credit of the
Indians owning the same, to be disposed of for their benefit in
accordance with existing law.
(Apr. 12, 1924, ch. 93, 43 Stat. 93; Oct. 31, 1951, ch. 654, Sec. 2(16),
65 Stat. 707.)
References in Text
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in text, is act June 30, 1949, ch. 288, 63 Stat.
377, as amended. Except for title III of the Act, which is classified
generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41,
Public Contracts, the Act was repealed and reenacted by Pub. L. 107-217,
Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11
of Title 40, Public Buildings, Property, and Works.
Amendments
1951--Act Oct. 31, 1951, inserted reference to applicable
regulations of Federal Property and Administrative Services Act of 1949,
as amended, at beginning of first par., and, in third par., struck out
requirement that net proceeds of sales of Government-owned nontribal
plants or lands be deposited in Treasury of United States.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and Employees.
