25 U.S.C. § 406

Sale of timber on lands held under trust

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(a) Deductions for administrative expenses; standards guiding sales

The timber on any Indian land held under a trust or other patent containing restrictions on alienations may be sold by the owner or owners with the consent of the Secretary of the Interior, and the proceeds from such sales, after deductions for administrative expenses to the extent permissible under section 413 of this title, shall be paid to the owner or owners or disposed of for their benefit under regulations to be prescribed by the Secretary of the Interior. It is the intention of Congress that a deduction for administrative expenses may be made in any case unless the deduction would violate a treaty obligation or amount to a taking of private property for public use without just compensation in violation of the fifth amendment to the Constitution. Sales of timber under this subsection shall be based upon a consideration of the needs and best interests of the Indian owner and his heirs. The Secretary shall take into consideration, among other things, (1) the state of growth of the timber and the need for maintaining the productive capacity of the land for the benefit of the owner and his heirs, (2) the highest and best use of the land, including the advisability and practicality of devoting it to other uses for the benefit of the owner and his heirs, and (3) the present and future financial needs of the owner and his heirs.

(b) Undivided interests

Upon the request of the owners of a majority Indian interest in land in which any undivided interest is held under a trust or other patent containing restrictions on alienations, the Secretary of the Interior is authorized to sell all undivided Indian trust or restricted interests in any part of the timber on such land.

Upon the request of the owner of an undivided but unrestricted interest in land in which there are trust or restricted Indian interests, the Secretary of the Interior is authorized to include such unrestricted interest in a sale of the trust or restricted Indian interests in timber sold pursuant to this section, and to perform any functions required of him by the contract of sale for both the restricted and the unrestricted interests, including the collection and disbursement of payments for timber and the deduction from such payments of sums in lieu of administrative expenses.

(d) Representation of minors and others

For the purposes of this Act, the Secretary of the Interior is authorized to represent any Indian owner (1) who is a minor, (2) who has been adjudicated non compos mentis, (3) whose ownership interest in a decedent’s estate has not been determined, or (4) who cannot be located by the Secretary after a reasonable and diligent search and the giving of notice by publication.

(e) Emergency sales

The timber on any Indian land held under a trust or other patent containing restrictions on alienations may be sold by the Secretary of the Interior without the consent of the owners when in his judgment such action is necessary to prevent loss of values resulting from fire, insects, disease, windthrow, or other natural catastrophes.

(f) Change in status without affecting contractual obligations

A change from a trust or restricted status to an unrestricted status of any interest in timber that has been sold pursuant to this section shall not affect the obligations of the Secretary of the Interior under any contract of sale that is in effect at the time such change in status occurs.

(June 25, 1910, ch. 431, § 8, 36 Stat. 857; Pub. L. 88–301, Apr. 30, 1964, 78 Stat. 187.)Editorial NotesReferences in Text

This Act, referred to in subsec. (d), is act June 25, 1910, ch. 431, 36 Stat. 855, which enacted sections 47, 93, 151, 202, 337, 344a, 351, 352, 353, 372, 403, 406, 407, and 408 of this title, section 6a–1 of former Title 41, Public Contracts, and section 148 of Title 43, Public Lands, and amended sections 191, 312, 331, 333, and 336 of this title and sections 104 and 107 of former Title 18, Criminal Code and Criminal Procedure. Sections 104 and 107 of former Title 18 were repealed and restated as sections 1853 and 1856 of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, 62 Stat. 683. Section 6a–1 of former Title 41 was repealed and restated as section 6102(e) of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete classification of this Act to the Code, see Tables.

Amendments

1964—Pub. L. 88–301 designated existing provisions as subsec. (a), substituted “land” for “allotment”, “owner or owners” for “allottee” in two places, and “their benefit” for “his benefit”, and provided for deductions for administrative expenses from proceeds of sales without violation of treaty obligations or Constitutional compensation provision, for consideration of needs and best interests of owners and heirs, and for standards guiding sales, and added subsecs. (b) to (f).

Notes of Decisions

Cited in 55 cases (4 in the last 5 years), 1939–2022 · leading case: United States v. Mitchell, 463 U.S. 206 (1983).

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United States v. Mitchell, 463 U.S. 206 (1983). · cites it 16× “…145 (1980). The Secretary of the Interior has broad statutory authority over the sale of timber on reservations. See 25 U. S. C. §§ 406 , 407. Sales of timber "shall be based upon a consideration of the needs and best interests of the Indian owner and his heirs," § 406(a),…”

United States v. Mitchell, 445 U.S. 535 (1980). · cites it 4× “, § 8, as amended, 25 U. S. C. § 406 (a). The Secretary *546 was directed to pay the proceeds of these sales, less administrative expenses, to the "owner" of the allotted lands.”

United States v. Navajo Nation, 537 U.S. 488 (2003). · cites it 4× “As to managing the forests and selling timber, we noted, Congress instructed the Secretary to be mindful of "the needs and best interests of the Indian owner and his heirs," 25 U.S.C. § 406 (a), and specifically to take into account: "(1) the state of growth of the timber and…”

White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980). · cites it 4× “" 25 U. S. C. § 406 (a). The statute specifies the factors which the Secretary must consider in making that determination.”

Mitchell v. United States, 229 Ct. Cl. 1 (Ct. Cl. 1981). · cites it 4× “,The statutes provide that timber sales must "be based upon a consideration of the needs and best interests of the Indian owner and his heirs,” 25 U.S.C. § 406 (a), and call for Interior’s rules and regulations relating to "the operation and management of Indian forestry units”…”

Franklin Sav. Corp. v. United States, 56 Fed. Cl. 720 (Fed. Cl. 2003). · cites it 4× “On remand, the Court of Claims held that the timber management statutes, 25 U.S.C. §§ 406 , 407, and 466, along with various other statutes and regulations imposed more specific fiduciary duties on the United States in its management of forests on allotted lands.”

United States v. Navajo Nation, 556 U.S. 287 (2009). “Title 25 U. S. C. § 406 (a) permitted Indians to sell timber with the consent of the Secretary of the Interior, but directed the Secretary to base his decisions on “a consideration of the needs and best interests of the Indian owner and his heirs” and enumerated specific factors…”

William Hohri v. United States, 782 F.2d 227 (D.C. Cir. 1986). “See, e.g., Plaintiffs Exhibit Q, War Relocation Authority Tentative Policy Statement, JA 141-146.”

White Mountain Apache Tribe v. United States, 249 F.3d 1364 (Fed. Cir. 2001). “Those statutes involved, inter alia, timber management on Native American lands ( 25 U.S.C. §§ 406 , 407, 466), roadbuilding on and rights-of-way over those lands ( 25 U.”

El Paso Nat. Gas Co. v. United States, 750 F.3d 863 (D.C. Cir. 2014). “2961 (quoting 25 U.S.C. § 406 (a)). Together, Mitchell I and Mitchell II make clear that neither the general trust relationship between the federal government and Indian Tribes nor the mere invocation of trust language in a statute (as in the Allotment Act) is sufficient to…”

Hopi Tribe v. United States, 782 F.3d 662 (Fed. Cir. 2015). “2961 ; see 25 U.S.C. § 406 (a). Based on this trust-evoking language and the statutory and regulatory prescriptions giving the United States “full responsibility” over Indian resources, the Supreme Court found that Congress had accepted a fiduciary duty to manage timber…”

Cherokee Nation of Oklahoma v. United States, 21 Cl. Ct. 565 (Ct. Cl. 1990). · cites it 2× “Timber Management Scheme Is Inapplicable To Plaintiff Plaintiff relied on 25 U.S.C. §§ 406 , 407, and 466, as well as 25 C.”

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