25 U.S.C. § 348a — Extension of trust period for Indians of

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