25 U.S.C. § 392

Consent to or approval of alienation of allotments by Secretary of the Interior

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Whenever, in any law or treaty or in any patent issued to Indian allottees for lands in severalty pursuant to such law or treaty, there appears a provision to the effect that the lands so allotted cannot be alienated without the consent of the President of the United States, the Secretary of the Interior shall have full power and authority to consent to or approve of the alienation of such allotments, in whole or in part, in his discretion, by deed, will, lease, or any other form of conveyance, and such consent or approval by the Secretary of the Interior on and after September 21, 1922, had in all such cases shall have the same force and legal effect as though the consent or approval of the President had previously been obtained: Provided, however, That the approval by the Secretary of the Interior of wills by Indian allottees or their heirs involving lands held under such patents shall not operate to remove the restrictions against alienation unless such order of approval by said Secretary shall specifically so direct.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1956–2026 · leading case: Black Hills Institute of Geological Research v. United States, Department of Justice

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Black Hills Institute of Geological Research v. United States, Department of Justice (1993) sdd · cites it 2× “(5) With respect to the general necessity to obtain consent to alienation, 25 U.S.C. § 392 provides as follows: 25 U.”

Oglala Sioux Tribe of the Pine Ridge Indian Reservation v. United States (1990) cc “995 , codified at 25 U.S.C. § 392 (1988) (alienation of allotments subject to approval by the Secretary of the Interior); the Act of May 29, 1908, § 1, 35 Stat.”

Gilbert v. Shape (In Re Shape) (1982) mtb “By Congressional Act, ( 25 U.S.C. § 392 ) approval or consent of the Secretary of Interior (the Department of the Government in which the BIA is located), is specifically required before there can be an alienation of restricted Indian allottments.”

United Nuclear Corp. v. Clark (1984) dcd “In 1971, with the approval of the Secretary under 25 U.S.C. § 392 , UNC had secured leases from the Tribe for the exploration and mining of uranium on certain tribal lands.”

Red Mountain Realty, Inc. v. Frost (1982) coloctapp · cites it 3× “The allotment land, part of the Southern Ute Reservation, was subject to a restricted fee requiring the consent and approval of the Secretary of the Interior prior to any alienation of the property as provided for in 25 U.S.C. § 392 . Frost entered into a listing agreement with…”

JoAnn Chase v. Andeavor Logistics, L.P. (2026) ca8 “25 U.S.C. § 392 . The Act of March 3, 1891 directed the Secretary of the Interior to allocate Fort Berthold Reservation lands to individual Indians, with the United States holding title in trust for 25 years before transferring patented ownership to the beneficiary or heir in…”

Arenas v. United States (1956) casd “The funds in controversy are remnants of larger funds derived from sales, with the consent of the United States, 25 U.S. C.A. § 392, of a portion of the lands within the Palm Springs Reservation of the Agua Cliente Band of Mission Indians previously allotted to Lee Arenas and to…”

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