25 U.S.C. § 392
Section 392 · Consent to or approval of alienation of allotments by Secretary of the Interior
Amended 1 time on record
Applied in 7 court decisions — leading case 21 Cl. Ct. 176 - Oglala Sioux Tribe of the Pine Ridge Indian Reservation v. United States (1990)
Most recently applied in 370 F. Supp. 2d 620 - Keweenaw Bay Indian Community v. Naftaly (June 2005)
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.
Whenever, in any law or treaty or in any patent issued to Indian allottees for lands in severalty pursuant to such law or treaty, there appears a provision to the effect that the lands so allotted cannot be alienated without the consent of the President of the United States, the Secretary of the Interior shall have full power and authority to consent to or approve of the alienation of such allotments, in whole or in part, in his discretion, by deed, will, lease, or any other form of conveyance, and such consent or approval by the Secretary of the Interior on and after September 21, 1922, had in all such cases shall have the same force and legal effect as though the consent or approval of the President had previously been obtained: Provided, however, That the approval by the Secretary of the Interior of wills by Indian allottees or their heirs involving lands held under such patents shall not operate to remove the restrictions against alienation unless such order of approval by said Secretary shall specifically so direct.
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.