§ 406. — Sale of timber on lands held under trust.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC406]
TITLE 25--INDIANS
CHAPTER 12--LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS
Sec. 406. Sale of timber on lands held under trust
(a) Deductions for administrative expenses; standards guiding sales
The timber on any Indian land held under a trust or other patent
containing restrictions on alienations may be sold by the owner or
owners with the consent of the Secretary of the Interior, and the
proceeds from such sales, after deductions for administrative expenses
to the extent permissible under section 413 of this title, shall be paid
to the owner or owners or disposed of for their benefit under
regulations to be prescribed by the Secretary of the Interior. It is the
intention of Congress that a deduction for administrative expenses may
be made in any case unless the deduction would violate a treaty
obligation or amount to a taking of private property for public use
without just compensation in violation of the fifth amendment to the
Constitution. Sales of timber under this subsection shall be based upon
a consideration of the needs and best interests of the Indian owner and
his heirs. The Secretary shall take into consideration, among other
things, (1) the state of growth of the timber and the need for
maintaining the productive capacity of the land for the benefit of the
owner and his heirs, (2) the highest and best use of the land, including
the advisability and practicality of devoting it to other uses for the
benefit of the owner and his heirs, and (3) the present and future
financial needs of the owner and his heirs.
(b) Undivided interests
Upon the request of the owners of a majority Indian interest in land
in which any undivided interest is held under a trust or other patent
containing restrictions on alienations, the Secretary of the Interior is
authorized to sell all undivided Indian trust or restricted interests in
any part of the timber on such land.
(c) Unrestricted interests
Upon the request of the owner of an undivided but unrestricted
interest in land in which there are trust or restricted Indian
interests, the Secretary of the Interior is authorized to include such
unrestricted interest in a sale of the trust or restricted Indian
interests in timber sold pursuant to this section, and to perform any
functions required of him by the contract of sale for both the
restricted and the unrestricted interests, including the collection and
disbursement of payments for timber and the deduction from such payments
of sums in lieu of administrative expenses.
(d) Representation of minors and others
For the purposes of this Act, the Secretary of the Interior is
authorized to represent any Indian owner (1) who is a minor, (2) who has
been adjudicated non compos mentis, (3) whose ownership interest in a
decedent's estate has not been determined, or (4) who cannot be located
by the Secretary after a reasonable and diligent search and the giving
of notice by publication.
(e) Emergency sales
The timber on any Indian land held under a trust or other patent
containing restrictions on alienations may be sold by the Secretary of
the Interior without the consent of the owners when in his judgment such
action is necessary to prevent loss of values resulting from fire,
insects, disease, windthrow, or other natural catastrophes.
(f) Change in status without affecting contractual obligations
A change from a trust or restricted status to an unrestricted status
of any interest in timber that has been sold pursuant to this section
shall not affect the obligations of the Secretary of the Interior under
any contract of sale that is in effect at the time such change in status
occurs.
(June 25, 1910, ch. 431, Sec. 8, 36 Stat. 857; Pub. L. 88-301, Apr. 30,
1964, 78 Stat. 187.)
References in Text
This Act, referred to in subsec. (d), is act June 25, 1910, ch. 431,
36 Stat. 855, as amended, which enacted sections 47, 93, 151, 202, 337,
344a, 351, 352, 353, 372, 403, 406, 407, and 408 of this title, sections
6a-1 and 16a of Title 41, Public Contracts, and section 148 of Title 43,
Public Lands, and amended sections 191, 312, 331, 333, and 336 of this
title and sections 104 and 107 of former Title 18, Criminal Code and
Criminal Procedure. Sections 104 and 107 of former Title 18 were
repealed and reenacted as sections 1853 and 1856 of Title 18, Crimes and
Criminal Procedure, by act June 25, 1948, ch. 645, 62 Stat. 683. For
complete classification of this Act to the Code, see Tables.
Amendments
1964--Pub. L. 88-301 designated existing provisions as subsec. (a),
substituted ``land'' for ``allotment'', ``owner or owners'' for
``allottee'' in two places, and ``their benefit'' for ``his benefit'',
and provided for deductions for administrative expenses from proceeds of
sales without violation of treaty obligations or Constitutional
compensation provision, for consideration of needs and best interests of
owners and heirs, and for standards guiding sales, and added subsecs.
(b) to (f).
Section Referred to in Other Sections
This section is referred to in sections 353, 564h, 697, 747 of this
title; title 43 section 1617.
