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25 U.S.C. § 348 — Patents to be held in trust; descent and partition
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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Source location: Title 25, Chapter 9, § 348; chapter-009-allotment-of-indian-lands.md
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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 best interests of said tribe, it shall be lawful for the Secretary of the Interior to negotiate with such Indian tribe for the purchase and release by said tribe, in conformity with the treaty or statute under which such reservation is held, of such portions of its reservation not allotted as such tribe shall, from time to time, consent to sell, on such terms and conditions as shall be considered just and equitable between the United States and said tribe of Indians, which purchase shall not be complete until ratified by Congress, and the form and manner of executing such release shall also be prescribed by Congress: Provided, however, That all lands adapted to agriculture, with or without irrigation so sold or released to the United States by any Indian tribe shall be held by the United States for the sole purpose of securing homes to actual settlers and shall be disposed of by the United States to actual and bona fide settlers only in tracts not exceeding one hundred and sixty acres to any one person, on such terms as Congress shall prescribe, subject to grants which Congress may make in aid of education: And provided further, That no patents shall issue therefor except to the person so taking the same as and for a homestead, or his heirs, and after the expiration of five years’ occupancy thereof as such homestead; and any conveyance of said lands so taken as a homestead, or any contract touching the same, or lien thereon, created prior to the date of such patent, shall be null and void. And the sums agreed to be paid by the United States as purchase money for any portion of any such reservation shall be held in the Treasury of the United States for the sole use of the tribe or tribes of Indians; to whom such reservations belonged; and the same, with interest thereon at 3 per centum per annum, shall be at all times subject to appropriation by Congress for the education and civilization of such tribe or tribes of Indians or the members thereof. The patents aforesaid shall be recorded in the Bureau of Land Management, and afterwards delivered, free of charge, to the allottee entitled thereto. And if any religious society or other organization was occupying on February 8, 1887, any of the public lands to which this act is applicable, for religious or educational work among the Indians, the Secretary of the Interior is authorized to confirm such occupation to such society or organization, in quantity not exceeding one hundred and sixty acres in any one tract, so long as the same shall be so occupied, on such terms as he shall deem just; but nothing herein contained shall change or alter any claim of such society for religious or educational purposes heretofore granted by law. And in the employment of Indian police, or any other employees in the public service among any of the Indian tribes or bands affected by this act, and where Indians can perform the duties required, those Indians who have availed themselves of the provisions of this act and become citizens of the United States shall be preferred.
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this chapter—
(1) “Indian tribe” or “tribe” means any Indian tribe, band, group, pueblo, or community for which, or for the members of which, the United States holds lands in trust;
(2) “Indian” means—
(A) any person who is a member of any Indian tribe, is eligible to become a member of any Indian tribe, or is an owner (as of October 27, 2004) of a trust or restricted interest in land;
(B) any person meeting the definition of Indian under the Indian Reorganization Act ([25 U.S.C. 479](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section479&num=0&edition=prelim)) 11 See References in Text note below. and the regulations promulgated thereunder; and
(C) with respect to the inheritance and ownership of trust or restricted land in the State of California pursuant to [section 2206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2206&num=0&edition=prelim), any person described in subparagraph (A) or (B) or any person who owns a trust or restricted interest in a parcel of such land in that State.22 So in original. The period probably should be a semicolon.
(3) “Secretary” means the Secretary of the Interior;
(4)
(i) “trust or restricted lands” means lands, title to which is held by the United States in trust for an Indian tribe or individual, or which is held by an Indian tribe or individual subject to a restriction by the United States against alienation; and (ii) “trust or restricted interest in land” or “trust or restricted interest in a parcel of land” means an interest in land, the title to which interest is held in trust by the United States for an Indian tribe or individual, or which is held by an Indian tribe or individual subject to a restriction by the United States a
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 464 was editorially reclassified as [section 5107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5107&num=0&edition=prelim).
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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 President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.
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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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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of determining the descent of land to the heirs of any deceased Indian under the provisions of [section 348 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section348&num=0&edition=prelim), whenever any male and female Indian shall have cohabited together as husband and wife according to the custom and manner of Indian life the issue of such cohabitation shall be, for the purpose aforesaid, taken and deemed to be the legitimate issue of the Indians so living together, and every Indian child, otherwise illegitimate, shall for such purpose be taken and deemed to be the legitimate issue of the father of such child: Provided, That the provisions of this Act shall not be held or construed as to apply to the lands commonly called and known as the “Cherokee Outlet.”
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Federal law — U.S. Code and appendices · legal_authorities
Except as provided in this Act, no sale, devise, gift, exchange, or other transfer of restricted Indian lands or of shares in the assets of any Indian tribe or corporation organized under this Act shall be made or approved: Provided, That such lands or interests may, with the approval of the Secretary of the Interior, be sold, devised, or otherwise transferred to the Indian tribe in which the lands or shares are located or from which the shares were derived, or to a successor corporation: Provided further, That, subject to section 8(b) of the American Indian Probate Reform Act of 2004 (Public Law 108–374; [25 U.S.C. 2201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2201&num=0&edition=prelim) note), lands and shares described in the preceding proviso shall descend or be devised to any member of an Indian tribe or corporation described in that proviso or to an heir or lineal descendant of such a member in accordance with 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, or regulations promulgated under, that Act: Provided further, That the Secretary of the Interior may authorize any voluntary exchanges of lands of equal value and the voluntary exchange of shares of equal value whenever such exchange, in the judgment of the Secretary, is expedient and beneficial for or compatible with the proper consolidation of Indian lands and for the benefit of cooperative organizations.
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Federal law — U.S. Code and appendices · legal_authorities
Page 436
TITLE 25—INDIANS
§ 2201
1 See References in Text note below.
2 So in original. The period probably should be a semicolon.
Sec.
2202.
Other applicable provisions.
2203.
Adoption of land consolidation plan with ap-
proval of Secretary.
2204.
Purchase of trust or restricted or controlled
lands at no less than fair market value; req-
uisite conditions.
2205.
Tribal probate codes; acquisitions of frac-
tional interests by tribes.
2206.
Descent and distribution.
2207.
Full faith and credit to tribal actions under
tribal ordinances limiting descent and dis-
tribution of trust or restricted or controlled
lands.
2208.
Conveyancing authority upon sale or ex-
change of tribal lands; removal of trust sta-
tus of individually owned lands.
2209.
Trusteeship title of United States for any In-
dian or Indian tribe.
2210.
Tax exemption.
2211.
Governing body of tribe; construction of
chapter as not vesting with authority not
authorized by tribal constitution or by-
laws.
2212.
Fractional interest acquisition program.
2213.
Administration of acquired fractional inter-
ests; disposition of proceeds.
2214.
Establishing fair market value.
2215.
Acquisition Fund.
2216.
Trust and restricted land transactions.
2217.
Reports to Congress.
2218.
Approval of leases, rights-of-way, and sales of
natural resources.
2219.
Application to Alaska.
2220.
Owner-managed interests.
2221.
Annual notice and filing; current where-
abouts of interest owners.
§ 2201. Definitions
For the purpose of this chapter—
(1) ‘‘Indian tribe’’ or ‘‘tribe’’ means any In-
dian tribe, band, group, pueblo, or community
for which, or for the members of which, the
United States holds lands in trust;
(2) ‘‘Indian’’ means—
(A) any person who is a member of any In-
dian trib
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Federal law — U.S. Code and appendices · legal_authorities
Page 99
TITLE 25—INDIANS
§ 348
(May 31, 1902, ch. 946, § 1, 32 Stat. 284.)
§ 348. Patents to be held in trust; descent and
partition
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 lo-
cated, and that at the expiration of said period
the United States will convey the same by pat-
ent 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 ex-
piration of the time above mentioned, such con-
veyance 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 Con-
solidation Act (25 U.S.C. 2201 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 pro-
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 348
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