25 U.S.C. § 348 — Patents to be held in trust; descent and

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- vided, or sooner if in the opinion of the Presi- dent 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 con- formity 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 equi- table 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 set- tlers 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 por- tion 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 res- ervations 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 Bu- reau of Land Management, and afterwards deliv- ered, free of charge, to the allottee entitled thereto. And if any religious society or other or- ganization was occupying on February 8, 1887, any of the public lands to which this act is ap- plicable, 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 exceed- ing 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 pur- poses heretofore granted by law. And in the em- ployment of Indian police, or any other employ- ees in the public service among any of the In- dian 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. Provided further, That whenever the Secretary of the Interior shall be satisfied that any of the Indians of the Siletz Indian Reservation, in the State of Oregon, fully capable of managing their own business affairs, and being of the age of twenty-one years or upward, shall, through in- heritance or otherwise, become the owner of more than eighty acres of land upon said res- ervation, he shall cause patents to be issued to such Indian or Indians for all of such lands over and above the eighty acres thereof. Said patent or patents shall be issued for the least valuable portions of said lands, and the same shall be dis- charged of any trust and free of all charge, incumbrance, or restriction whatsoever; and the Secretary of the Interior is authorized and di- rected to ascertain, as soon as shall be prac- ticable, whether any of said Indians of the Siletz Reservation should receive patents conveying in fee lands to them under the provisions of this Act. (Feb. 8, 1887, ch. 119, § 5, 24 Stat. 389; Mar. 3, 1901, ch. 832, § 9, 31 Stat. 1085; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Pub. L. 106–462, title I, § 106(a)(2), Nov. 7, 2000, 114 Stat. 2007; Pub. L. 108–374, § 6(c), Oct. 27, 2004, 118 Stat. 1805; Pub. L. 109–221, title V, § 501(b)(2), May 12, 2006, 120 Stat. 344.) 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 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. Section 8(b) of the American Indian Probate Reform Act of 2004, referred to in text, is section 8(b) of Pub. L. 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