
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC190]

 
                            TITLE 25--INDIANS
 
                    CHAPTER 5--PROTECTION OF INDIANS
 
Sec. 190. Sale of plants or tracts not needed for administrative 
        or allotment purposes
        
    Subject to applicable regulations under the Federal Property and 
Administrative Services Act of 1949, as amended [40 U.S.C. 471 et seq.], 
the Secretary of the Interior is authorized in his discretion to sell 
and convey by deed or patent, under such terms and conditions as he may 
prescribe, at not less than their appraised value, nonreservation 
Government tracts or plants or tribal administrative plants or reserves, 
or parts thereof, not exceeding forty acres in area and not exceeding 
$2,000 in value, not longer needed for Indian administrative or 
allotment purposes, and small unallotted tracts not exceeding forty 
acres, where a sale will serve the tribal interests. All sales made 
under this section shall be at public auction, to the highest and best 
bidder.
    And the Secretary of the Interior is further authorized, where a 
tract to be disposed of under this section or any other Act authorizing 
the disposition of tribal lands requires survey as basis for a deed or 
patent, to accept from the grantee, in addition to the purchase price, 
an amount sufficient to cover the survey costs.
    The net proceeds of sale of any tribal site, plant, or tract shall 
be deposited in the Treasury of the United States to the credit of the 
Indians owning the same, to be disposed of for their benefit in 
accordance with existing law.

(Apr. 12, 1924, ch. 93, 43 Stat. 93; Oct. 31, 1951, ch. 654, Sec. 2(16), 
65 Stat. 707.)

                       References in Text

    The Federal Property and Administrative Services Act of 1949, as 
amended, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 
377, as amended. Provisions of that Act relating to disposal of 
Government property are classified to chapter 10 (Sec. 471 et seq.) of 
Title 40, Public Buildings, Property, and Works. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 471 of Title 40, and Tables.


                               Amendments

    1951--Act Oct. 31, 1951, inserted reference to applicable 
regulations of Federal Property and Administrative Services Act of 1949, 
as amended, at beginning of first par., and, in third par., struck out 
requirement that net proceeds of sales of Government-owned nontribal 
plants or lands be deposited in Treasury of United States.

                          Transfer of Functions

    For transfer of functions of other officers, employees, and agencies 
of Department of the Interior, with certain exceptions, to Secretary of 
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, 
Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in 
the Appendix to Title 5, Government Organization and Employees.
