25 U.S.C. § 351 — Patents with restrictions for lots in villages

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.