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U.S. Code as of:
01/19/04
Section 502. Purchase of restricted Indian lands; preference to Secretary of the Interior; waiver of preference
Whenever any restricted Indian land or interests in land, other
than sales or leases of oil, gas, or other minerals therein, are
offered for sale, pursuant to the terms of this subchapter or any
other Act of Congress, the Secretary of the Interior shall have a
preference right, in his discretion, to purchase the same for or in
behalf of any other Indian or Indians of the same or any other
tribe, at a fair valuation to be fixed by the appraisement
satisfactory to the Indian owner or owners, or if offered for sale
at auction said Secretary shall have a preference right, in his
discretion, to purchase the same for or in behalf of any other
Indian or Indians by meeting the highest bid otherwise offered
therefor.
The preference right of the Secretary to purchase shall be
considered as waived where notice of the pendency of sale is given
in writing to the Superintendent of the Five Civilized Tribes for
at least ten days prior to the date of sale and the Secretary does
not within that time exercise the preferential right to purchase.
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