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25 U.S.C. § 349 — Patents in fee to allottees
Federal law — U.S. Code and appendices · legal_authorities
At the expiration of the trust period and when the lands have been conveyed to the Indians by patent in fee, as provided in [section 348 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section348&num=0&edition=prelim), then each and every allottee shall have the benefit of and be subject to the laws, both civil and criminal, of the State or Territory in which they may reside; and no Territory shall pass or enforce any law denying any such Indian within its jurisdiction the equal protection of the law: Provided, That the Secretary of the Interior may, in his discretion, and he is authorized, whenever he shall be satisfied that any Indian allottee is competent and capable of managing his or her affairs at any time to cause to be issued to such allottee a patent in fee simple, and thereafter all restrictions as to sale, incumbrance, or taxation of said land shall be removed and said land shall not be liable to the satisfaction of any debt contracted prior to the issuing of such patent: Provided further, That until the issuance of fee-simple patents all allottees to whom trust patents shall be issued shall be subject to the exclusive jurisdiction of the United States: And provided further, That the provisions of this Act shall not extend to any Indians in the former Indian Territory.
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Source file: Laws/federal/codes/united-states-code/title-25/section-349-patents-in-fee-to-allottees--6cd5920d33.md
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Source location: Title 25, Chapter 9, § 349; chapter-009-allotment-of-indian-lands.md
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At the expiration of the trust period and when the lands have been conveyed to the Indians by patent in fee, as provided in [section 348 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section348&num=0&edition=prelim), then each and every allottee shall have the benefit of and be subject to the laws, both civil and criminal, of the State or Territory in which they may reside; and no Territory shall pass or enforce any law denying any such Indian within its jurisdiction the equal protection of the law: Provided, That the Secretary of the Interior may, in his discretion, and he is authorized, whenever he shall be satisfied that any Indian allottee is competent and capable of managing his or her affairs at any time to cause to be issued to such allottee a patent in fee simple, and thereafter all restrictions as to sale, incumbrance, or taxation of said land shall be removed and said land shall not be liable to the satisfaction of any debt contracted prior to the issuing of such patent: Provided further, That until the issuance of fee-simple patents all allottees to whom trust patents shall be issued shall be subject to the exclusive jurisdiction of the United States: And provided further, That the provisions of this Act shall not extend to any Indians in the former Indian Territory.
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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
The following shall be nationals and citizens of the United States at birth:
**(a)** a person born in the United States, and subject to the jurisdiction thereof;
**(b)** a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;
**(c)** a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;
**(d)** a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;
**(e)** a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;
**(f)** a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;
**(g)** a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the
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Federal law — U.S. Code and appendices · legal_authorities
Upon the approval of the allotments provided for in this act by the Secretary of the Interior, he shall cause patents to issue therefor in the name of the allottees, which patents shall be of the legal effect, and declare that the United States does and will hold the land thus allotted, for the period of twenty-five years, in trust for the sole use and benefit of the Indian to whom such allotment shall have been made, or, in case of his decease, of his heirs according to the laws of the State or Territory where such land is located, and that at the expiration of said period the United States will convey the same by patent to said Indian, or his heirs as aforesaid, in fee, discharged of said trust and free of all charge or incumbrance whatsoever: Provided, That the President of the United States may in any case in his discretion extend the period. And if any conveyance shall be made of the lands set apart and allotted as herein provided, or any contract made touching the same, before the expiration of the time above mentioned, such conveyance or contract shall be absolutely null and void: Provided, That, subject to section 8(b) of the American Indian Probate Reform Act of 2004 (Public Law 108–374; 118 Stat. 1810), the rules of intestate succession under the Indian Land Consolidation Act ([25 U.S.C. 2201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2201&num=0&edition=prelim) et seq.) (including a tribal probate code approved under that Act or regulations promulgated under that Act) shall apply to that land for which patents have been executed and delivered: And provided further, That at any time after lands have been allotted to all the Indians of any tribe as herein provided, or sooner if in the opinion of the President it shall be for the
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Federal law — U.S. Code and appendices · legal_authorities
The provisions of the Act of February 8, 1887, are declared to extend to and are made applicable to the Confederated Wea, Peoria, Kaskaskia, and Piankeshaw tribes of Indians, and the Western Miami tribe of Indians, located in the northeastern part of the former Indian Territory and to their reservation, in the same manner and to the same extent as if said tribes had not been excepted from the provisions of said act, except as to [section 349 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section349&num=0&edition=prelim), and as otherwise hereinafter provided.
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Federal law — U.S. Code and appendices · legal_authorities
Page 100
TITLE 25—INDIANS
§ 348a
108–374, which is set out as a note under section 2201 of
this title.
The Indian Land Consolidation Act, referred to in
text, is title II of Pub. L. 97–459, Jan. 12, 1983, 96 Stat.
2517, which is classified generally to chapter 24 (§ 2201 et
seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under sec-
tion 2201 of this title and Tables.
AMENDMENTS
2006—Pub. L. 109–221 inserted in second proviso of
first par. ‘‘, subject to section 8(b) of the American In-
dian Probate Reform Act of 2004 (Public Law 108–374;
118 Stat. 1810),’’ after ‘‘That’’.
2004—Pub. L. 108–374 inserted second proviso of first
par. and struck out former second proviso which read
as follows: ‘‘Provided, That the law of descent in force
in the State or Territory where such lands are situate
shall apply thereto after patents therefor have been ex-
ecuted and delivered, except as provided by the Indian
Land Consolidation Act or a tribal probate code ap-
proved under such Act and except as herein otherwise
provided:’’.
2000—Pub. L. 106–462, in second proviso of first par.,
struck out ‘‘and partition’’ after ‘‘law of descent’’ and
substituted ‘‘except as provided by the Indian Land
Consolidation Act or a tribal probate code approved
under such Act and except as herein otherwise pro-
vided:’’ for ‘‘except as herein otherwise provided:’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2006 AMENDMENT
Pub. L. 109–221, title V, § 501(c), May 12, 2006, 120 Stat.
344, provided that: ‘‘The amendments made by sub-
section (b) [amending this section, section 464 of this
title, and provisions set out as a note under section 2201
of this title] shall take effect as if included in the en-
actment
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