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25 U.S.C. § 336 — Allotments to Indians making settlement
Federal law — U.S. Code and appendices · legal_authorities
Where any Indian entitled to allotment under existing laws shall make settlement upon any surveyed or unsurveyed lands of the United States not otherwise appropriated, he or she shall be entitled, upon application to the local land office for the district in which the lands are located, to have the same allotted to him or her and to his or her children in manner as provided by law for allotments to Indians residing upon reservations, and such allotments to Indians on the public domain as herein provided shall be made in such areas as the President may deem proper, not to exceed, however, forty acres of irrigable land or eighty acres of nonirrigable agricultural land or one hundred sixty acres of nonirrigable grazing land to any one Indian; and when such settlement is made upon unsurveyed lands the grant to such Indians shall be adjusted upon the survey of the lands so as to conform thereto, and patent shall be issued to them for such lands in the manner and with the restrictions provided in sections 348 and 349 of this title. And the fees to which the officers of such local land office would have been entitled had such lands been entered under the general laws for the disposition of the public lands shall be paid to them from any moneys in the Treasury of the United States not otherwise appropriated, upon a statement of an account in their behalf for such fees by the Secretary of the Interior or such officer as he may designate, and a certification of such account to the Secretary of the Treasury by the Secretary of the Interior.
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Source file: Laws/federal/codes/united-states-code/title-25/section-336-allotments-to-indians-making-settlement--dd9e2bac6c.md
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Source location: Title 25, Chapter 9, § 336; chapter-009-allotment-of-indian-lands.md
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Where any Indian entitled to allotment under existing laws shall make settlement upon any surveyed or unsurveyed lands of the United States not otherwise appropriated, he or she shall be entitled, upon application to the local land office for the district in which the lands are located, to have the same allotted to him or her and to his or her children in manner as provided by law for allotments to Indians residing upon reservations, and such allotments to Indians on the public domain as herein provided shall be made in such areas as the President may deem proper, not to exceed, however, forty acres of irrigable land or eighty acres of nonirrigable agricultural land or one hundred sixty acres of nonirrigable grazing land to any one Indian; and when such settlement is made upon unsurveyed lands the grant to such Indians shall be adjusted upon the survey of the lands so as to conform thereto, and patent shall be issued to them for such lands in the manner and with the restrictions provided in sections 348 and 349 of this title. And the fees to which the officers of such local land office would have been entitled had such lands been entered under the general laws for the disposition of the public lands shall be paid to them from any moneys in the Treasury of the United States not otherwise appropriated, upon a statement of an account in their behalf for such fees by the Secretary of the Interior or such officer as he may designate, and a certification of such account to the Secretary of the Treasury by the Secretary of the Interior.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, acts Feb. 8, 1887, ch. 119, § 1, 24 Stat. 388; Feb. 28, 1891, ch. 383, § 1, 26 Stat. 794; June 25, 1910, ch. 431, § 17, 36 Stat. 859, related to allotments of irrigable and nonirrigable land on reservations.
#### Codification
Section was based on section 1 of act Feb. 8, 1887, as amended generally by section 1 of act Feb. 28, 1891, which was amended generally, by act June 25, 1910. The amendment by act June 25, 1910, to section 1 of act Feb. 28, 1891, was treated as an amendment to section 1 of act Feb. 8, 1887, to reflect the probable intent of Congress, and this section was based on the text of section 1 of act Feb. 28, 1891, as so amended. The repeal by Pub. L. 106–462 of section 1 of act Feb. 8, 1887, was executed by repealing this section, to reflect the probable intent of Congress.
#### Short Title of 2018 Amendment
Pub. L. 115–399, § 1, Dec. 31, 2018, 132 Stat. 5331, provided that: “This Act [enacting and amending provisions set out as notes under [section 355 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section355&num=0&edition=prelim)] may be cited as the ‘Stigler Act Amendments of 2018’.”
#### Short Title of 1987 Amendment
Pub. L. 100–153, § 1, Nov. 5, 1987, 101 Stat. 886, provided that: “This Act [amending sections 373, 1401, and 2301 of this title and [section 4421 of Title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4421&num=0&edition=prelim), Education, and amending provisions set out as a note under this section] may be cited as the ‘Indian Law Technical Amendments of 1987’.”
#### Short Title
Act Feb. 8, 1887, ch. 119, 24 Stat. 388, as amended, enacting this section and sections 332 to 334, 339, 341, 342, 348, 349, 354, and 381 of this title, is po
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding any other provision of law, [section 1782 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1782&num=0&edition=prelim) shall not apply to any lands in Alaska. However, in carrying out his duties under sections 1711 and 1712 of this title and other applicable laws, the Secretary may identify areas in Alaska which he determines are suitable as wilderness and may, from time to time, make recommendations to the Congress for inclusion of any such areas in the National Wilderness Preservation System, pursuant to the provisions of the Wilderness Act [[16 U.S.C. 1131](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1131&num=0&edition=prelim) et seq.]. In the absence of congressional action relating to any such recommendation of the Secretary, the Bureau of Land Management shall manage all such areas which are within its jurisdiction in accordance with the applicable land use plans and applicable provisions of law.
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Federal law — U.S. Code and appendices · legal_authorities
Page 96
TITLE 25—INDIANS
§ 336
amended, are extended to all lands heretofore
purchased or which may be purchased by author-
ity of Congress for the use or benefit of any indi-
vidual Indian or band or tribe of Indians.
(Feb. 14, 1923, ch. 76, 42 Stat. 1246.)
Editorial Notes
REFERENCES IN TEXT
Act of February 8, 1887, referred to in text, is popu-
larly known as the Indian General Allotment Act. For
classification of this Act to the Code, see Short Title
note set out under section 331 of this title and Tables.
§ 336. Allotments to Indians making settlement
Where any Indian entitled to allotment under
existing laws shall make settlement upon any
surveyed or unsurveyed lands of the United
States not otherwise appropriated, he or she
shall be entitled, upon application to the local
land office for the district in which the lands are
located, to have the same allotted to him or her
and to his or her children in manner as provided
by law for allotments to Indians residing upon
reservations, and such allotments to Indians on
the public domain as herein provided shall be
made in such areas as the President may deem
proper, not to exceed, however, forty acres of ir-
rigable land or eighty acres of nonirrigable agri-
cultural land or one hundred sixty acres of non-
irrigable grazing land to any one Indian; and
when such settlement is made upon unsurveyed
lands the grant to such Indians shall be adjusted
upon the survey of the lands so as to conform
thereto, and patent shall be issued to them for
such lands in the manner and with the restric-
tions provided in sections 348 and 349 of this
title. And the fees to which the officers of such
local land office would have been entitled had
such lands been entered under the general laws
for the disposition of
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 336
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