25 U.S.C. § 391
Section 391 · Continuance of restrictions on alienation in patent
Amended 1 time on record
Applied in 16 court decisions — leading case Tooahnippah v. Hickel (1970)
Most recently applied in Paul Grondal v. United States (December 2021)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Prior to the expiration of the trust period of any Indian allottee to whom a trust or other patent containing restrictions upon alienation has been or shall be issued under any law or treaty the President may, in his discretion, continue such restrictions on alienation for such period as he may deem best: Provided, however, That this shall not apply to lands in the former Indian Territory.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Cross References
Certain lands not to be allotted in severalty to any Indian, see section 461 of this title.
Extension of trust periods expiring in 1943, and extension of trust periods of certain lands, see notes under section 348 of this title.