25 U.S.C. § 393
Leases of restricted allotments
The restricted allotment of any Indian may be leased for farming and grazing purposes by the allottee or his heirs, subject only to the approval of the superintendent or other officer in charge of the reservation where the land is located, under such rules and regulations as the Secretary of the Interior may prescribe: Provided, That this provision shall not apply to the Five Civilized Tribes.
Notes of Decisions
Cited in 11
cases, 1949–2002 · leading case: Coomes v. Adkinson
Coomes v. Adkinson (1976)
“These six parcels of land, along with some 350 other parcels, were available for lease through an arrangement whereby the individual Indian landowners, who for one reason or another did not plan to use the land themselves, authorized the Secretary, under 25 U.S.C. § 393 and 25…”
McNabb v. United States (2002)
“The government notes that, pursuant to 25 U.S.C. § 393 (1988), which is cited by plaintiffs in both count one and count two of the amended complaint, that: The restricted allotment of any Indian may be leased for farming and grazing purposes by the allottee or his heirs, subject…”
Tooahnippah v. Hickel (1970)
“There are also restrictions on the allottee's ability to lease the land, see 25 U. S. C. §§ 393 , 403, 415a; 25 CFR subchs.”
Oglala Sioux Tribe of the Pine Ridge Indian Reservation v. United States (1990)
“1232 , codified at 25 U.S.C. § 393 (1988), requiring Secretarial approval for leasing of restricted allotments.”
Allbaugh v. United States (1950)
“1225 , 1232, 25 U.S.C.A. § 393 . The leases that are here involved covered the years 1935, to 1942, inclusive, except 1936.”
Danks v. Fields (1982)
“Pursuant to federal laws, 25 U.S.C. §§ 393 , 397, 403 & 466, and regulations, 25 C.”
Black Hills Institute of Geological Research v. United States, Department of Justice (1993)
“25 U.S.C. § 393 . (3) Allotted lands may be leased for mining purposes as may be advisable by the *1022 Secretary of the Interior under the rules and regulations.”
Gray v. Johnson (1968)
“See 25 U.S.C. §§ 393 , 393a; and 25 C.F.R. § 131.”
County of Thurston v. Andrus (1978)
“See 25 U.S.C. § 393 . The Winnebago Agency, operating under the auspices of the Aberdeen Area Office of the Bureau of Indian Affairs (BIA), approves leases of trust patent land, collects rent due thereunder, and disburses the funds to Indians.”
United States v. Allbaugh (1949)
“1232 , 25 U.S.C.A. § 393 , these lands were made available for lease for farming and grazing purposes.”
Op. Atty. Gen. 414a-5 (1993)
“it codified the long-standing federal bar to ad valorem taxation of trust land, but left unclear the states’ authority to tax other interests, such as leaseholds.”
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.