25 U.S.C. § 349 — Patents in fee to allottees

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 of the American Indian Probate Reform Act of 2004 (Public Law 108–374; 118 Stat. 1773).’’ EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–374 applicable on and after the date that is 1 year after June 20, 2005, see section 8(b) of Pub. L. 108–374, set out as a Notice; Effective Date of 2004 Amendment note under section 2201 of this title. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. ‘‘Bureau of Land Management’’ substituted in text for ‘‘General Land Office’’ on authority of Reorg. Plan No. 3 of 1946, set out in the Appendix to Title 5. DELEGATION OF FUNCTIONS For delegation to Secretary of the Interior of author- ity vested in President by this section, see Ex. Ord. No. 10250, June 5, 1951, 16 F.R. 5385, set out as a note under section 301 of Title 3, The President. EXTENSION OF TRUST PERIODS The periods of trust applying to Indian lands, wheth- er of a tribal or individual status, which would expire during the years 1943 to 1950, were extended for a fur- ther period of twenty-five years, respectively, by Ex. Ord. No. 9272, Nov. 17, 1942, 7 F.R. 9475; Ex. Ord. No. 9398, Nov. 25, 1943, 8 F.R. 16269; Ex. Ord. No. 9500, Nov. 14, 1944, 9 F.R. 13699; Ex. Ord. No. 9659, Nov. 21, 1945, 10 F.R. 14353; Ex. Ord. No. 9811, Dec. 17, 1946, 11 F.R. 14483; Ex. Ord. No. 9920, Jan. 8, 1948, 13 F.R. 143; Ex. Ord. No. 10027, Jan. 7, 1949, 14 F.R. 107; Ex. Ord. No 10091, Dec. 11, 1949, 14 F.R. 7513. EX. ORD. NO. 10191. EXTENSION OF TRUST PERIODS ON INDIAN LANDS EXPIRING DURING 1951 Ex. Ord. No. 10191, Dec. 13, 1950, 15 F.R. 8889, provided: By virtue of and pursuant to the authority vested in me by section 5 of the act of February 8, 1887, 24 Stat. 388, 389 [this section], by the act of June 21, 1906, 34 Stat. 325, 326, and by the act of March 2, 1917, 39 Stat. 969, 976, and other applicable provisions of law, it is hereby ordered that the periods of trust or other re- strictions against alienation contained in any patent applying to Indian lands, whether of a tribal or indi- vidual status, which, unless extended, will expire dur- ing the calendar year 1951, be, and they are hereby, ex- tended for a further period of twenty-five years from the date on which any such trust would otherwise ex- pire. This order is not intended to apply to any case in which the Congress has specifically reserved to itself authority to extend the period of trust on tribal or in- dividual Indian lands. HARRY S. TRUMAN. § 348a. Extension of trust period for Indians of Klamath River Reservation The period of trust on lands allotted to Indi- ans of the Klamath River Reservation, Cali- fornia, which expired July 31, 1919, and the legal title to which is still in the United States, is re- imposed and extended for a period of twenty-five years from July 31, 1919: Provided, That further extension of the period of trust may be made by the President, in his discretion, as provided by section 348 and section 391 of this title. (Dec. 24, 1942, ch. 814, 56 Stat. 1081.) § 349. Patents in fee to allottees 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, 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 In- dians in the former Indian Territory. (Feb. 8, 1887, ch. 119, § 6, 24 Stat. 390; May 8, 1906, ch. 2348, 34 Stat. 182.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is act Feb. 8, 1887, ch. 119, 24 Stat. 388, and is popularly known as the Indian Page 101 TITLE 25—INDIANS § 352b 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. CODIFICATION Provisions relating to the grant of citizenship to cer- tain Indians born within the territorial limits of the United States were omitted in view of act June 2, 1924, ch. 233, 43 Stat. 253, which granted citizenship to all non-citizen Indians born within the territorial limits of the United States. See section 1401 of Title 8, Aliens and Nationality. § 350. Surrender of patent, and selection of other land The Secretary of the Interior is authorized, in his discretion, and whenever for good and suffi- cient reason he shall consider it to be for the best interest of the Indians, in making allot- ments under the act of February 8, 1887, to per- mit any Indian to whom a patent has been issued for land on the reservation to which such Indian belongs, under treaty or existing law, to surrender such patent with formal relinquish- ment by such Indian to the United States of all his or her right, title, and interest in the land conveyed thereby, properly indorsed thereon, and to cancel such surrendered patent: Provided, That the Indian so surrendering the same shall make a selection, in lieu thereof, of other land and receive patent therefor, under the provi- sions of the act of February 8, 1887. (Oct. 19, 1888, ch. 1214, § 2, 25 Stat. 612.) Editorial Notes REFERENCES IN TEXT Act of February 8, 1887, referred to in text, was in the original ‘‘the statute aforesaid’’ and ‘‘the act of Feb- ruary eighth, eighteen hundred and eighty-seven’’, re- spectively. The act appears in 24 Stat. 388, and 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. § 351. Patents with restrictions for lots in villages in Washington The Secretary of the Interior is authorized, whenever in his opinion it shall be conducive to the best welfare and interest of the Indians liv- ing within any Indian village on any of the In- dian reservations in the State of Washington to issue a patent to each of said Indians for the vil- lage or town lot occupied by him, which patent shall contain restrictions against the alienation of the lot described therein to persons other than members of the tribe, except on approval of the Secretary of the Interior; and if any such In- dian shall die subsequent to June 25, 1910, and before receiving patent to the lot occupied by him, the lot to which such Indian would have been entitled if living shall be patented in his name and shall be disposed of as provided for in section 372 of this title. (June 25, 1910, ch. 431, § 10, 36 Stat. 858.) § 352. Cancellation of trust patents within power or reservoir sites The Secretary of the Interior, after notice and hearing, is authorized to cancel trust patents issued to Indian allottees for allotments within any power or reservoir site and for allotments or such portions of allotments as are located upon or include lands set aside, reserved, or required within any Indian reservation for irrigation pur- poses under authority of Congress: Provided, That any Indian allottee whose allotment shall be so canceled shall be reimbursed for all im- provements on his canceled allotment, out of any moneys available for the construction of the irrigation project for which the said power or reservoir site may be set aside: Provided further, That any Indian allottee whose allotment, or part thereof, is so canceled shall be allotted land of equal value within the area subject to irriga- tion by any such project. (June 25, 1910, ch. 431, § 14, 36 Stat. 859.) § 352a. Cancellation of patents in fee simple for allotments held in trust The Secretary of the Interior is authorized, in his discretion, to cancel any patent in fee simple issued to an Indian allottee or to his heirs before the end of the period of trust described in the original or trust patent issued to such allottee, or before the expiration of any extension of such period of trust by the President, where such pat- ent in fee simple was issued without the consent or an application therefor by the allottee or by his heirs: Provided, That the patentee has not mortgaged or sold any part of the land described in such patent: Provided also, That upon can- cellation of such patent in fee simple the land shall have the same status as though such fee patent had never been issued. (Feb. 26, 1927, ch. 215, § 1, 44 Stat. 1247.) § 352b. Partial cancellation; issuance of new trust patents Where patents in fee have been issued for In- dian allotments, during the trust period, with- out application by or consent of the patentees, and such patentees or Indian heirs have sold a part of the land included in the patents, or have mortgaged the lands or any part thereof and such mortgages have been satisfied, such lands remaining undisposed of and without incumbrance by the patentees, or Indian heirs, may be given a trust patent status and the Sec- retary of the Interior is, on application of the allottee or his or her Indian heirs, hereby au- thorized, in his discretion, to cancel patents in fee so far as they cover such unsold lands not en- cumbered by mortgage, and to cause new trust patents to be issued therefor, to the allottees or their Indian heirs, of the form and legal effect as provided by the Act of February 8, 1887 (24 Stat. 388), such patents to be effective from the date of the original trust patents, and the land shall be subject to any extensions of the trust made by Executive order on other allotments of mem- bers of the same tribe, and such lands shall have the same status as though such fee patents had never been issued: Provided, That this section and section 352a of this title shall not apply where any such lands have been sold for unpaid taxes assessed after the date of a mortgage or deed executed by the patentee or his heirs, or sold in execution of a judgment for debt in- curred after date of such mortgage or deed, and the period of redemption has expired.