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U.S. Code as of:
01/19/04
Section 406. Sale of timber on lands held under trust
(a) Deductions for administrative expenses; standards guiding sales
The timber on any Indian land held under a trust or other patent
containing restrictions on alienations may be sold by the owner or
owners with the consent of the Secretary of the Interior, and the
proceeds from such sales, after deductions for administrative
expenses to the extent permissible under section 413 of this title,
shall be paid to the owner or owners or disposed of for their
benefit under regulations to be prescribed by the Secretary of the
Interior. It is the intention of Congress that a deduction for
administrative expenses may be made in any case unless the
deduction would violate a treaty obligation or amount to a taking
of private property for public use without just compensation in
violation of the fifth amendment to the Constitution. Sales of
timber under this subsection shall be based upon a consideration of
the needs and best interests of the Indian owner and his heirs. The
Secretary shall take into consideration, among other things, (1)
the state of growth of the timber and the need for maintaining the
productive capacity of the land for the benefit of the owner and
his heirs, (2) the highest and best use of the land, including the
advisability and practicality of devoting it to other uses for the
benefit of the owner and his heirs, and (3) the present and future
financial needs of the owner and his heirs.
(b) Undivided interests
Upon the request of the owners of a majority Indian interest in
land in which any undivided interest is held under a trust or other
patent containing restrictions on alienations, the Secretary of the
Interior is authorized to sell all undivided Indian trust or
restricted interests in any part of the timber on such land.
(c) Unrestricted interests
Upon the request of the owner of an undivided but unrestricted
interest in land in which there are trust or restricted Indian
interests, the Secretary of the Interior is authorized to include
such unrestricted interest in a sale of the trust or restricted
Indian interests in timber sold pursuant to this section, and to
perform any functions required of him by the contract of sale for
both the restricted and the unrestricted interests, including the
collection and disbursement of payments for timber and the
deduction from such payments of sums in lieu of administrative
expenses.
(d) Representation of minors and others
For the purposes of this Act, the Secretary of the Interior is
authorized to represent any Indian owner (1) who is a minor, (2)
who has been adjudicated non compos mentis, (3) whose ownership
interest in a decedent's estate has not been determined, or (4) who
cannot be located by the Secretary after a reasonable and diligent
search and the giving of notice by publication.
(e) Emergency sales
The timber on any Indian land held under a trust or other patent
containing restrictions on alienations may be sold by the Secretary
of the Interior without the consent of the owners when in his
judgment such action is necessary to prevent loss of values
resulting from fire, insects, disease, windthrow, or other natural
catastrophes.
(f) Change in status without affecting contractual obligations
A change from a trust or restricted status to an unrestricted
status of any interest in timber that has been sold pursuant to
this section shall not affect the obligations of the Secretary of
the Interior under any contract of sale that is in effect at the
time such change in status occurs.
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