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25 USC § 395 - Leases of allotted lands where allottee is in­capacitated 

---
identifier: "/us/usc/t25/s395"
source: "usc"
legal_status: "official_prima_facie"
title: "25 USC § 395 - Leases of allotted lands where allottee is in­capacitated"
title_number: 25
title_name: "INDIANS"
section_number: "395"
section_name: "Leases of allotted lands where allottee is in­capacitated"
chapter_number: 12
chapter_name: "LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS"
positive_law: false
currency: "119-84"
last_updated: "2025-07-14"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(May 31, 1900, ch. 598, 31 Stat. 229.)"
---

# § 395. Leases of allotted lands where allottee is in­capacitated

Whenever it shall be made to appear to the Secretary of the Interior that, by reason of age, disability, or inability, any allottee of Indian lands cannot personally, and with benefit to himself, occupy or improve his allotment or any part thereof, the same may be leased upon such terms, regulations, and conditions as shall be prescribed by the Secretary for a term not exceeding five years, for farming purposes only.

---

**Source Credit**: (May 31, 1900, ch. 598, 31 Stat. 229.)

## Editorial Notes

### Codification

Act , is applicable to “any allottee of Indian lands” and authorizes leases “for a term not exceeding five years, for farming purposes only” and supersedes the following prior provisions:

, .

, .

, .

, .

## Statutory Notes and Related Subsidiaries

### Other Leasing Provisions

Special provisions for leasing allotted lands on certain reservations named in Utah and in Wyoming, for cultivation under irrigation, were made by , , 97.

Special provisions permitting Indians to whom lands have been allotted on the Yakima Indian reservation in the State of Washington, to lease such lands for agricultural purposes for a term not exceeding 5 years, or unimproved lands for a term not exceeding 10 years were made by acts , ; , .