25 U.S.C. § 340 — Extension of certain provisions

Page 97 TITLE 25—INDIANS § 343 Seneca Nation of New York Indians in the State of New York, nor to that strip of territory in the State of Nebraska adjoining the Sioux Nation on the south added by Executive order. (Feb. 8, 1887, ch. 119, § 8, 24 Stat. 391.) 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. Statutory Notes and Related Subsidiaries SACS AND FOXES; MISSOURI INDIANS No allotment of lands was to be made or annuities of money to be paid to any of the Sacs and Foxes of the Missouri Indians who were not enrolled as members of the tribe on Jan. 1, 1890, by a proviso annexed to act Feb. 28, 1891, ch. 383, § 5, 26 Stat. 796. § 340. Extension of certain provisions The provisions of the Act of February 8, 1887, are declared to extend to and are made applica- ble to the Confederated Wea, Peoria, Kaskaskia, and Piankeshaw tribes of Indians, and the West- ern Miami tribe of Indians, located in the north- eastern part of the former Indian Territory and to their reservation, in the same manner and to the same extent as if said tribes had not been excepted from the provisions of said act, except as to section 349 of this title, and as otherwise hereinafter provided. (Mar. 2, 1889, ch. 422, § 1, 25 Stat. 1013.) Editorial Notes REFERENCES IN TEXT Act of February 8, 1887, referred to in text, was in the original ‘‘chapter One hundred and Nineteen of the acts of eighteen hundred and eighty seven, entitled ‘An act to provide for the allotment of lands in severalty to In- dians on the various reservations, and to extend the protection of the laws of the United States and the Ter- ritories over the Indians, and for other purposes,’ ’’. The Act appears in 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. § 341. Power to grant rights-of-way not affected Nothing in this act shall be so construed as to affect the right and power of Congress to grant the right of way through any lands granted to an Indian, or a tribe of Indians, for railroads or other highways, or telegraph lines, for the pub- lic use, or to condemn such lands to public uses, upon making just compensation. (Feb. 8, 1887, ch. 119, § 10, 24 Stat. 391.) 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. § 342. Removal of Southern Utes to new reserva- tion Nothing in this act shall be so construed as to prevent the removal of the Southern Ute Indians from their present reservation in southwestern Colorado to a new reservation by and with the consent of a majority of the adult male mem- bers of said tribe. (Feb. 8, 1887, ch. 119, § 11, 24 Stat. 391.) 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. § 343. Correction of errors in allotments and pat- ents In all cases where it shall appear that a double allotment of land has been wrongfully or erro- neously made by the Secretary of the Interior to any Indian by an assumed name or otherwise, or where a mistake has been made in the descrip- tion of the land inserted in any patent, said Sec- retary is authorized and directed, during the time that the United States may hold the title to the land in trust for any such Indian, and for which a conditional patent may have been issued, to rectify and correct such mistakes and cancel any patent which may have been thus er- roneously and wrongfully issued whenever in his opinion the same ought to be canceled for error in the issue thereof, and if possession of the original patent cannot be obtained, such can- cellation shall be effective if made upon the records of the Bureau of Land Management; and no proclamation shall be necessary to open to settlement the lands to which such an erroneous allotment patent has been canceled, provided such lands would otherwise be subject to entry: And provided, That such lands shall not be open to settlement for sixty days after such cancella- tion: And further provided, That no conditional patent that has been or that may be executed in favor of any Indian allottee, excepting in cases hereinbefore authorized, and excepting in cases where the conditional patent is relinquished by the patentee or his heirs to take another allot- ment, shall be subject to cancellation without authority of Congress. (Jan. 26, 1895, ch. 50, 28 Stat. 641; Apr. 23, 1904, ch. 1489, 33 Stat. 297; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) 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.