§464. Transfer of restricted Indian lands or shares in assets of Indian tribes or corporation; exchange of lands

Except as herein provided, no sale, devise, gift, exchange, or other transfer of restricted Indian lands or of shares in the assets of any Indian tribe or corporation organized hereunder, shall be made or approved: Provided, however, That such lands or interests may, with the approval of the Secretary of the Interior, be sold, devised, or otherwise transferred to the Indian tribe in which the lands or shares are located or from which the shares were derived or to a successor corporation; and in all instances such lands or interests shall descend or be devised, in accordance with the then existing laws of the State, or Federal laws where applicable, in which said lands are located or in which the subject matter of the corporation is located, to any member of such tribe or of such corporation or any heirs or lineal descendants of such member or any other Indian person for whom the Secretary of the Interior determines that the United States may hold land in trust: Provided further, That the Secretary of the Interior may authorize voluntary exchanges of lands of equal value and the voluntary exchange of shares of equal value whenever such exchange, in his judgment, is expedient and beneficial for or compatible with the proper consolidation of Indian lands and for the benefit of cooperative organizations.

(June 18, 1934, ch. 576, §4, 48 Stat. 985 ; Pub. L. 96–363, §1, Sept. 26, 1980, 94 Stat. 1207 .)

References in Text

Herein provided, referred to in text, means provided in act June 18, 1934, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables.

Amendments

1980-Pub. L. 96–363 substituted provisions relating to transfer to heirs or lineal descendants of members or any other Indian person for which the United States may hold land in trust as determined by the Secretary for provisions relating to transfer to heirs of members.

Cross References

Conversion of exchange assignments of tribal lands on certain Sioux reservations into trust titles, see sections 484 to 486 of this title.

Exchanges of land on Umatilla Indian Reservation, see section 463e of this title.

Right-of-way grant, consent of tribal officials, see section 324 of this title.

Territories, colonies, or insular possessions of United States, and certain Indian tribes, application to, see section 473 of this title.

Section Referred to in Other Sections

This section is referred to in section 473 of this title.