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Indian Omnibus Law

Indian Omnibus Law

25 U.S.C. § 404 : US Code – Section 404: Sale on petition of allottee or heirs

This description of the Indian Omnibus Law tracks the language of the U.S. Code, except that, sometimes, we use plain English and that we may refer to the “Act” (meaning Indian Omnibus Law) rather than to the “subchapter” or the “title” of the United States Code.

U.S. Code Citation

25 U.S.C. § 404

U.S. Code Section and Head

  • United States Code – Section 404
  • Head of the Section: Sale on petition of allottee or heirs

Text of the Section

The lands, or any part thereof, allotted to any Indian, or any inherited interest therein, which can be sold under existing law by authority of the Secretary of the Interior, except the lands in Oklahoma and the States of Minnesota and South Dakota, may be sold on the petition of the allottee, or his heirs, on such terms and conditions and under such regulations as the Secretary of the Interior may prescribe; and the lands of a minor, or of a person deemed incompetent by the Secretary of the Interior to petition for himself, may be sold in the same manner, on the petition of the natural guardian in the case of infants, and in the case of Indians deemed incompetent as aforesaid, and of orphans without a natural guardian, on petition of a person designated for the purpose by the Secretary of the Interior.

When any Indian who has received an allotment of land dies before the expiration of the trust period, the Secretary of the Interior shall ascertain the legal heirs of such Indian, and if satisfied of their ability to manage their own affairs shall cause to be issued in their names a patent in fee simple for said lands; but if he finds them incapable of managing their own affairs, the land may be sold as hereinbefore provided: Provided, That the proceeds derived from all sales hereunder shall be used, during the trust period, for the benefit of the allottee, or heir, so disposing of his interest, under the supervision of the Commissioner of Indian Affairs: And provided further, That upon the approval of any sale hereunder by the Secretary of the Interior, he shall cause a patent in fee to issue in the name of the purchaser for the lands so sold: And provided further, That nothing in this section shall apply to the States of Minnesota and South Dakota.



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(2016, 05). Indian Omnibus Law http://legislation.lawi.us Retrieved 12, 2022, from http://legislation.lawi.us/indian-omnibus-law/

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  • Article Name: Indian Omnibus Law
  • Author: International
  • Description: Share this on WhatsAppThis is a Non Profit Project. We don't collect personal data and we don't use cookies.ContentsIndian [...]

This entry was last updated: May 16, 2016

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