25 U.S.C. § 379

Sale of allotted lands by heirs

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The adult heirs of any deceased Indian to whom a trust or other patent containing restrictions upon alienation has been or shall be issued for lands allotted to him may sell and convey the lands inherited from such decedent, but in case of minor heirs their interests shall be sold only by a guardian duly appointed by the proper court upon the order of such court, made upon petition filed by the guardian, but all such conveyances shall be subject to the approval of the Secretary of the Interior, and when so approved shall convey a full title to the purchaser, the same as if a final patent without restriction upon the alienation had been issued to the allottee. All allotted land so alienated by the heirs of an Indian allottee and all land so patented to a white allottee shall thereupon be subject to taxation under the laws of the State or Territory where the same is situate: Provided, That the sale herein provided for shall not apply to the homestead during the life of the father, mother or the minority of any child or children.

Notes of Decisions

Cited in 3 cases, 1970–1990 · leading case: Tooahnippah v. Hickel, 397 U.S. 598 (1970).

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Tooahnippah v. Hickel, 397 U.S. 598 (1970). · cites it 2× “18 (b), promulgated under the authority of 25 U. S. C. § 379 . There are also restrictions on the allottee's ability to lease the land, see 25 U.”

E. Nedene Wardle v. Nw. Inv. Co., 830 F.2d 118 (8th Cir. 1987). · cites it 2× “There is no need to examine the question whether general federal question jurisdiction is present by virtue of plaintiffs’ reliance on 25 U.S.C. § 379 , because 25 U.S.C. § 345 has been construed to grant jurisdiction over suits involving the interests and rights of an Indian in…”

Oglala Sioux Tribe of the Pine Ridge Indian Reservation v. United States, 21 Cl. Ct. 176 (Ct. Cl. 1990). “275 , codified at 25 U.S.C. § 379 (1988) (sale of allotted lands by heirs subject to approval by the Secretary of the Interior); the Act of September 21, 1922, § 6, 42 Stat.”

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