25 C.F.R. § 152.17
Sales, exchanges, and conveyances by, or with the consent of the individual Indian owner
Pursuant to the Acts of May 27, 1902 (32 Stat. 275; 25 U.S.C. 379); May 17, 1906 (34 Stat. 197), as amended August 2, 1956 (70 Stat. 954; 48 U.S.C. 357); March 1, 1907 (34 Stat. 1018; 25 U.S.C. 405); May 29, 1908 (35 Stat. 444; 25 U.S.C. 404); June 25, 1910 (36 Stat. 855; 25 U.S.C. 372), as amended May 25, 1926 (44 Stat. 629; 48 U.S.C. 355a-355d); June 18, 1934 (48 Stat. 984; 25 U.S.C. 464); and May 14, 1948 (62 Stat. 236; 25 U.S.C. 483); and pursuant to other authorizing acts, trust or restricted lands acquired by allotment, devise, inheritance, purchase, exchange, or gift may be sold, exchanged, and conveyed by the Indian owner with the approval of the Secretary or by the Secretary with the consent of the Indian owner.
Notes of Decisions
Cited in 7
cases, 1990–2010 · leading case: Catskill Dev., L.L.C. v. Park Place Ent. Corp., 547 F.3d 115 (2d Cir. 2008).
Catskill Dev., L.L.C. v. Park Place Ent. Corp., 547 F.3d 115 (2d Cir. 2008). “Under 25 C.F.R. § 152.17 , trust land requires authorization from the Secretary of the Interior before it can be sold, and a separate contract stipulated that if such authorization was not acquired the sellers would transfer into escrow money the buyers had already conveyed as a…”
Oglala Sioux Tribe of the Pine Ridge Indian Reservation v. United States, 21 Cl. Ct. 176 (Ct. Cl. 1990). “25 C.F.R. § 152.17 . Similarly, Secretarial approval is required for the conveyance of individually-owned trust or restricted lands and lands owned by a tribe.”
In Re Emerald Outdoor Advert., L.L.C., 300 B.R. 775 (Bankr. E.D. Wash. 2003). “The Congressional intent was not to protect non-Indians who may acquire interests in trust land but to protect the Indian owners.”
Cobell v. Norton, 225 F.R.D. 41 (D.C. Cir. 2004). “25 C.F.R. § 152.17 . Fee patent conversion also requires approval by the Secretary.”
Miami Tribe of Ok v. United States, 679 F. Supp. 2d 1269 (D. Kan. 2010). “The disposal portion is considered in accordance with 25 CFR 152.17 and the acquisition portion will be processed in accordance with 25 CFR 151 upon the receipt of an application for a trust acquisition from the Tribe.”
Craig Thorstenson v. Gale Norton, 440 F.3d 1059 (8th Cir. 2006). “To convey trust land, 25 C.F.R. § 152.17 requires authorization from the Secretary of the Interior.”
Catskill Dev. v. Park Place Ent., No. 06-5860-cv (2d Cir. Oct. 21, 2008). “Under 25 C.F.R. § 152.17 , trust land requires authorization from the Secretary of the Interior before it can be sold, and a separate contract stipulated that if such authorization was not acquired the sellers would transfer into escrow money the buyers had already conveyed as a…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.