25 U.S.C. § 391
Continuance of restrictions on alienation in patent
Prior to the expiration of the trust period of any Indian allottee to whom a trust or other patent containing restrictions upon alienation has been or shall be issued under any law or treaty the President may, in his discretion, continue such restrictions on alienation for such period as he may deem best: Provided, however, That this shall not apply to lands in the former Indian Territory.
Notes of Decisions
Cited in 13
cases (1 in the last 5 years), 1931–2021 · leading case: Paul Grondal v. United States
Paul Grondal v. United States (2021)
“25 U.S.C. § 391 . Mill Bay and Wapato Heritage argue that this act cannot support the 1914 executive order because it grants the President only the authority to extend “restrictions 30 GRONDAL V.”
Odenwalt v. Zaring (1980)
“§ 81 (dealing with contracts between Indians and non-Indians); 25 U.S.C. § 391 (restrictions on alienation of Indian land); and 25 U.”
Blackfeet Tribe of Indians v. State of Montana, Director of the Montana Department of Revenue, Glacier County, Montana, (1984)
“325 , 326 (codified at 25 U.S.C. § 391 (1976)). . See F. Cohen, supra note 4, at 131-32.”
Round Valley Indian Tribes v. United States (2011)
“§§ 311-28 (Developing Rights-of-Way Across Indian Tribal Lands); 25 U.S.C. §§ 391 — 416j (Lease, Sale, or Surrender of Allotted or Unallotted Lands); 25 U.”
Tooahnippah v. Hickel (1970)
“See 25 U. S. C. § 391 . Before the termination of the trust period, the Secretary is now authorized, for a particular Indian, to remove the restrictions on alienation, see 25 U.”
Horton Capoeman v. The United States (1971)
“See 25 U.S.C. § 391 and 25 U.S.C. § 462 . Defendant, in its cross motion for summary judgment, has raised the threshold question of whether plaintiff’s claim is barred by the six year period of limitations provided in the Tucker Act, 28 U.”
United States v. Corporation of the President of the Church of Jesus Christ of Latter-Day Saints (1939)
“325 , 326, 25 U.S.C.A. § 391 , provides that, except as to land situated in the then Indian Territory, the President may in his discretion at any time prior to the expiration of the trust period of any Indian allottee to whom a trust or other patent containing restrictions upon…”
United States v. Gilbertson (1940)
“325 at page 326, 25 U.S.C.A. § 391 , it was provided: “That prior to the expiration of the trust period of any Indian allottee to whom a trust or other patent-containing restrictions upon alienation has been or shall be issued under any law or treaty the President may in his…”
Crow Tribe of Indians v. Campbell Farming Corp. (1992)
“325 , 326 (codified at 25 U.S.C. § 391 ). The Burke Act of 1906 gave authority to the Secretary of the Interior alone to issue a patent in fee before the expiration of the trust period “whenever he shall be satisfied *1471 that any Indian allottee is competent and capable of…”
United States v. Krause (1950)
“While plaintiff refers to numerous authorities dealing with such extensions and the Act of June 21, 1906, 25 U.S.C.A. § 391 , by which they were authorized, the brief does not point to any case holding that patents could be corrected after the 25-year period has expired and that…”
United States v. Washington (1956)
“25 U.S.C.A. § 391 ; United States v. Jackson, 1930, 280 U.”
Atlantic Richfield Co. v. Lujan (1992)
“As an onshore oil and gas lessee, ARCO pays royalties to the federal government on production from the leases, its obligations in this regard being governed by the Indian lands laws, 25 U.S.C. § 391 , et seq., the Mineral Lands Leasing Act, 30 U.”
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