§ 392. — Consent to or approval of alienation of allotments by Secretary of the Interior.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC392]
TITLE 25--INDIANS
CHAPTER 12--LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS
Sec. 392. Consent to or approval of alienation of allotments by
Secretary of the Interior
Whenever, in any law or treaty or in any patent issued to Indian
allottees for lands in severalty pursuant to such law or treaty, there
appears a provision to the effect that the lands so allotted cannot be
alienated without the consent of the President of the United States, the
Secretary of the Interior shall have full power and authority to consent
to or approve of the alienation of such allotments, in whole or in part,
in his discretion, by deed, will, lease, or any other form of
conveyance, and such consent or approval by the Secretary of the
Interior on and after September 21, 1922, had in all such cases shall
have the same force and legal effect as though the consent or approval
of the President had previously been obtained: Provided, however, That
the approval by the Secretary of the Interior of wills by Indian
allottees or their heirs involving lands held under such patents shall
not operate to remove the restrictions against alienation unless such
order of approval by said Secretary shall specifically so direct.
(Sept. 21, 1922, ch. 367, Sec. 6, 42 Stat. 995.)
