U.S. Code » Title 25 » Chapter CHAPTER 12— LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS

25 U.S.C. § 407

Sale of timber on unallotted lands

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Under regulations prescribed by the Secretary of the Interior, the timber on unallotted trust land in Indian reservations or on other land held in trust for tribes may be sold in accordance with the principles of sustained-yield management or to convert the land to a more desirable use. After deduction, if any, for administrative expenses under section 413 of this title, the proceeds of the sale shall be used—(1) as determined by the governing bodies of the tribes concerned and approved by the Secretary, or(2) in the absence of such a governing body, as determined by the Secretary for the tribe concerned.(June 25, 1910, ch. 431, § 7, 36 Stat. 857; Pub. L. 88–301, Apr. 30, 1964, 78 Stat. 186; Pub. L. 100–580, § 13, Oct. 31, 1988, 102 Stat. 2936.)Editorial NotesAmendments

1988—Pub. L. 100–580 amended section generally. Prior to amendment, section read as follows: “The timber on unallotted lands of any Indian reservation may be sold in accordance with the principles of sustained yield, or in order to convert the land to a more desirable use, under regulations to be prescribed by the Secretary of the Interior, and the proceeds from such sales, after deductions for administrative expenses pursuant to section 413 of this title, shall be used for the benefit of the Indians who are members of the tribe or tribes concerned in such manner as he may direct.”

1964—Pub. L. 88–301 substituted “timber” for “mature living and dead and down timber”, provided for sale of timber in accordance with principles of sustained yield or in order to convert the land to a more desirable use, provided for deductions for administrative expenses from proceeds of sales, made the Indians who were tribal members the beneficiaries instead of the Indians of the reservation, and struck out proviso which made section inapplicable to Minnesota and Wisconsin.

Notes of Decisions
Cited in 23 cases (1 in the last 5 years), 1941–2021 · leading case: White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980).
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White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980). · cites it 4× “" 25 U. S. C. § 407 . The Secretary is granted power to determine the disposition of the proceeds from timber sales.”
United States v. Mitchell, 463 U.S. 206 (1983). · cites it 2× “See also 25 U. S. C. § 407 (timber sales on unallotted trust lands).”
United States v. Mitchell, 445 U.S. 535 (1980). · cites it 2× “857 , as amended, 25 U. S. C. § 407 . The Secretary was also authorized to consent to the sale of timber by the owner of any Indian land "held under a trust or other patent containing restrictions on alienations.”
Jessie Short v. The United States, Cross-Appellant & & Hoopa Valley Tribe, Cross-Appellant &, 719 F.2d 1133 (Fed. Cir. 1983). · cites it 5× “§ 406 and the latter in 25 U.S.C. § 407 . But the Supreme Court’s whole opinion consistently treats together both sections (and the regulations under them) in ruling that the statutory scheme creates a fiduciary duty toward the Indians entitled to the proceeds of the forest.”
Mountain States Tel. & Tel. Co. v. Pueblo of Santa Ana, 472 U.S. 237 (1985). · cites it 2× “857 , as amended, 25 U. S. C. § 407 (timber sales); Act of June 30, 1919, § 26, 41 Stat.”
Short v. United States, 12 Cl. Ct. 36 (Ct. Cl. 1987). · cites it 5× “Distributions to the Tribe The Secretary of the Interior, vested with certain discretionary powers over the management of unallotted Indian resources, decides when and how distributions of timber revenues from unallotted lands are to be made under 25 U.S.C. § 407 (1982). The…”
United States v. Humboldt Fir, Inc., 426 F. Supp. 292 (N.D. Cal. 1977). · cites it 2× “The purpose of 25 U.S.C. § 407 , which permits the sale of timber on unallotted lands of any Indian reservation, and the regulations made pursuant thereto is to protect the rights and beneficial ownership of the Indians.”
Mitchell v. United States, 229 Ct. Cl. 1 (Ct. Cl. 1981). “25 U.S.C. § 407 , relating to the sale of timber on unallotted lands, also provides that the timber "may be sold in accordance with the principles of sustained yield In 1934, when this statute was passed, the only Indian owners who could sue were individuals, but 28 U.”
Harold Barclay & Dorothy Barclay v. The United States. Philip Dahl & Dorothy Dahl v. The United States, 333 F.2d 847 (Ct. Cl. 1964). · cites it 2× “855 , 857, 25 U.S.C. § 407 (1958)), permits the Secretary of the Interior to sell all “[t]he mature living and dead and down timber” thereon under such regulations as he may prescribe.”
Barclay v. United States, 166 Ct. Cl. 421 (Ct. Cl. 1964). · cites it 2× “855 , 857, 25 U.S.C. § 407 (1958)), permits the Secretary of the Interior to sell “all the mature living and dead and down timber” thereon under such regulations as he may prescribe.”
Navajo Tribe of Indians v. United States, 9 Cl. Ct. 336 (Ct. Cl. 1986). “That the mature living and dead and down timber on unallotted lands of any Indian reservation may be sold under regulations to be prescribed by the Secretary of the Interior, and the proceeds from such sales shall be used for the benefit of the Indians of the reservation in such…”
Shoshone Indian Tribe of the Wind River Reservation v. United States, 364 F.3d 1339 (Fed. Cir. 2004). “§ 406 (providing that payment for timber sales should be made to the owner of the land or disposed of for their benefit); 25 U.S.C. § 407 (providing that timber sale proceeds from unallotted lands should be dispersed “as determined by the governing bodies of the tribes concerned…”
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