US (United States) Code. Title 25. Chapter 9: Allotment of indian lands

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Indians

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25 USC CHAPTER 9 - ALLOTMENT OF INDIAN LANDS 01/06/03

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TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-MISC1-

Sec.

331 to 333. Repealed.

334. Allotments to Indians not residing on reservations.

335. Extension of provisions as to allotments.

336. Allotments to Indians making settlement.

337. Allotments in national forests.

337a, 338. Repealed.

339. Tribes excepted from certain provisions.

340. Extension of certain provisions.

341. Power to grant rights-of-way not affected.

342. Removal of Southern Utes to new reservation.

343. Correction of errors in allotments and patents.

344. Cancellation of allotment of unsuitable land.

344a. Repealed.

345. Actions for allotments.

346. Proceedings in actions for allotments.

347. Limitations of actions for lands patented in severalty

under treaties.

348. Patents to be held in trust; descent and partition.

348a. Extension of trust period for Indians of Klamath River

Reservation.

349. Patents in fee to allottees.

350. Surrender of patent, and selection of other land.

351. Patents with restrictions for lots in villages in

Washington.

352. Cancellation of trust patents within power or

reservoir sites.

352a. Cancellation of patents in fee simple for allotments

held in trust.

352b. Partial cancellation; issuance of new trust patents.

352c. Reimbursement of allottees or heirs for taxes paid on

lands patented in fee before end of trust.

353. Sections inapplicable to certain tribes.

354. Lands not liable for debts prior to final patent.

355. Laws applicable to lands of full-blooded members of

Five Civilized Tribes.

356. Allowance of undisputed claims of restricted allottees

of Five Civilized Tribes.

357. Condemnation of lands under laws of States.

358. Repeal of statutory provisions relating to survey,

classification, and allotments which provide for

repayment out of Indian moneys.

-End-

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25 USC Sec. 331 01/06/03

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TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 331. Repealed. Pub. L. 106-462, title I, Sec. 106(a)(1), Nov.

7, 2000, 114 Stat. 2007

-MISC1-

Section, acts Feb. 8, 1887, ch. 119, Sec. 1, 24 Stat. 388; Feb.

28, 1891, ch. 383, Sec. 1, 26 Stat. 794; June 25, 1910, ch. 431,

Sec. 17, 36 Stat. 859, related to allotments of irrigable and

nonirrigable land on reservations.

-COD-

CODIFICATION

Section was based on section 1 of act Feb. 8, 1887, as amended

generally by section 1 of act Feb. 28, 1891, which was amended

generally, by act June 25, 1910. The amendment by act June 25,

1910, to section 1 of act Feb. 28, 1891, was treated as an

amendment to section 1 of act Feb. 8, 1887, to reflect the probable

intent of Congress, and this section was based on the text of

section 1 of act Feb. 28, 1891, as so amended. The repeal by Pub.

L. 106-462 of section 1 of act Feb. 8, 1887, was executed by

repealing this section, to reflect the probable intent of Congress.

-MISC1-

SHORT TITLE OF 1987 AMENDMENT

Pub. L. 100-153, Sec. 1, Nov. 5, 1987, 101 Stat. 886, provided

that: "This Act [amending sections 373, 1401, and 2301 of this

title and section 4421 of Title 20, Education, and amending

provisions set out as a note under this section] may be cited as

the 'Indian Law Technical Amendments of 1987'."

SHORT TITLE

Act Feb. 8, 1887, ch. 119, 24 Stat. 388, as amended, enacting

this section and sections 332 to 334, 339, 341, 342, 348, 349, 354,

and 381 of this title, is popularly known as the "Indian General

Allotment Act".

BLACKFEET RESERVATION, MONTANA

Act June 30, 1919, ch. 4, Sec. 10, 41 Stat. 16, which provided

for the allotment of lands within the Blackfeet Indian Reservation

in Montana, was amended by act June 4, 1953, ch. 99, Sec. 1, 67

Stat. 42, in order to remove the restrictions on alienation of the

homestead allotments by making 80 acres of each allotment subject

to sale, partition, issuance of patent in fee, or other disposition

in accordance with the laws relating to the other allotments on the

Reservation.

Act June 30, 1919, had provided that the 80-acre homestead

allotment should remain inalienable. This restriction was removed

on the alienation of homestead allotments after the death of the

original allottee by act June 2, 1924, ch. 231, 43 Stat. 252,

formerly set out as a note under this section. The restriction was

completely removed by section 1 of act June 4, 1953. Section 2 of

act June 4, 1953, repealed act June 2, 1924.

CREEK NATION

Act Mar. 2, 1917, ch. 146, Sec. 18, 39 Stat. 986, provided in

part as follows: "Hereafter no allotments of land shall be made to

members of the Creek Nation".

CROW INDIAN RESERVATION

Act June 4, 1920, ch. 224, Sec. 6, 41 Stat. 753, as amended by

acts May 25, 1926, ch. 403, 44 Stat. 658; Sept. 16, 1959, Pub. L.

96-283, 73 Stat. 565; May 17, 1968, Pub. L. 90-308, 82 Stat. 123,

provided for a reservation in perpetuity, for the benefit of the

Crow Indian Tribe, of the minerals on or underlying the allotted

lands on the Crow Indian Reservation.

Act Aug. 15, 1953, ch. 502, Sec. 4, 67 Stat. 587, repealed act

June 4, 1920, ch. 224, Sec. 9, 41 Stat. 754, formerly set out as a

note under this section. The act June 4, 1920, provided for

allotment of lands of the Crow Tribe and section 9 of the act had

provided that lands of the Crow Reservation should "be subject to

all laws of the United States prohibiting the introduction of

intoxicating liquors into the Indian country until otherwise

provided by Congress".

Act June 4, 1953, ch. 100, 67 Stat. 42, permitted the Indian

owners of homestead, irrigable, or agricultural land on the Crow

Indian Reservation in Montana to sell such land, upon application

in writing and subject to the approval of the Secretary of the

Interior or his authorized representative. Restrictions against

such sales were contained in act June 4, 1920, ch. 224, 41 Stat.

751. The act of June 4, 1920, set out as a note below, provided for

the allotment of lands on the Crow Reservation.

Provisions for the allotment of lands of the Crow Tribe of

Indians within the Crow Indian Reservation in Montana, and for the

distribution of tribal funds, were made by act June 4, 1920, ch.

224, 41 Stat. 751. The time for making allotments on the Crow

Reservation, Montana, as provided by this act was extended for a

period of two years from Dec. 4, 1921, by act Sept. 21, 1922, ch.

367, 42 Stat. 994.

EASTERN BAND OF CHEROKEE INDIANS OF NORTH CAROLINA

Act June 4, 1924, ch. 253, 43 Stat. 376, provided: "That the

Eastern Band of Cherokee Indians of North Carolina is hereby

authorized, pursuant to the resolution of its council adopted the

6th day of November 1919, to convey to the United States of

America, in trust, all land, money, and other property of said band

for final disposition thereof as hereinafter provided; and the

United States will accept such conveyance when approved by the

Secretary of the Interior.

"Sec. 2. That upon approval of such conveyance the Secretary of

the Interior shall cause to be prepared a roll of the members of

said band, to contain the names of all living on the date of this

Act, and no person born after that date shall be entitled to

enrollment.

"The roll shall show the name, age, sex, and degree of Cherokee

Indian blood, and separately of that derived from any other Indian

ancestor, of each member. The day of the month indicating the

birthday of each member shall also be shown upon said roll:

Provided, That if such date is unknown and cannot be ascertained,

the date of the entry of the name on the schedule shall be taken

for the purposes of this Act to be the birth date of the member to

whom the entry applies.

"Said roll when approved by the Secretary of the Interior shall

be final and conclusive as to the membership of said band, and as

to the ages and degree of Indian blood of the members, but clerical

changes relating to the names of such members or to sex

designations may be made at any time thereafter.

"Sec. 3. That in the preparation of said roll due consideration

shall be given to all rolls and lists heretofore made of the

membership of said band, together with any evidence elicited in the

course of any investigations, and to all documents and records on

file in the Interior Department or any of its bureaus or offices.

"The fact that the name of any person appears on any such roll or

list shall not be accepted to establish, conclusively, his right or

that of his descendants to enrollment. Nor shall the absence of his

name from such former rolls conclusively bar any person or his

descendants from enrollment.

"That in the preparation of said roll the act of the State of

North Carolina of March 8, 1895, chapter 166, entitled 'An Act to

amend chapter 211, laws of 1889, relating to the charter of the

Eastern Band of Cherokee Indians' shall be disregarded.

"Applications for enrollment may be presented in such manner and

within such time as may be prescribed by regulations made by the

Secretary of the Interior, but lack of application shall not

prevent consideration of the right to enrollment of any person

whose name appears on any former roll and his descendants or of any

name brought in any manner to the attention of those in charge of

the enrollment work, including the names of those persons of

Cherokee Indian blood living July 27, 1868, in any of the counties

of North Carolina, in which the common lands of said band are

located, or in any of the contiguous counties of that State or of

the States of Georgia and Tennessee, and of their descendants.

"Sec. 4. That the lands so conveyed shall be surveyed, where

found necessary, and divided into appropriate tracts or parcels and

appraised at their true value as of the date of such appraisement,

without consideration being given to the location thereof or to any

mineral deposits therein or to improvements thereon, but such

appraisement shall include all merchantable timber on all

allottable lands.

"Sec. 5. That reservations from allotment may be made, in the

discretion of the Secretary of the Interior, of lands for

cemeteries, schools, water-power sites, rights of way, and for

other public purposes, with proper safeguards, however, for

compensation to individuals who may suffer losses by reason of such

reservations.

"There may also be reserved any tract chiefly valuable because of

the timber or of stone, marble, or other quarries thereon, or which

by reason of location or topographical features may be unsuitable

for allotment purposes.

"Any land or other property reserved from allotment as above

provided and lands not needed for allotments may be sold at such

time, in such manner, and upon such terms as the Secretary may

direct, and the proceeds of such sale shall be added to the funds

of the band: Provided, That in the sale of timberlands the timber

and the land may be sold separately.

"Conveyances under such sales shall be made as provided in the

case of conveyances to allottees.

"Sec. 6. That all oil, gas, coal, and other mineral deposits on

said lands are hereby reserved to said band for a period of

twenty-five years from the date of this Act, and during such period

said deposits may be leased for prospecting and mining purposes by

the Secretary of the Interior, for such periods (not exceeding the

period for which such minerals are reserved) and upon such terms

and conditions as he may prescribe: Provided, That at the end of

such twenty-five year period all such deposits shall become the

property of the individual owner of the surface of such land,

unless Congress shall otherwise provide.

"Sec. 7. That all improvements on the lands of said band of a

permanent and substantial character shall be appraised separately

from the lands upon which the same may be, and shall be listed in

the names of the members of the band prima facie entitled thereto,

but the designation of ownership shall be tentative only until the

true ownership thereof is ascertained and declared, after due

notice and hearing. The right to have such improvements appraised,

and to make disposition thereof, shall extend to all members,

except tenants, owning such improvements at the date of this Act

[June 4, 1924].

"Any person held to be the owner of improvements may remove the

same, where found to be practicable, within ninety days from the

date they are declared to belong to him, or may, within that

period, dispose of the same at not more than the appraised value to

any member of the band entitled to receive an allotment, under

regulations to be prescribed: Provided, That the vendor shall have

a lien upon the rents and profits accruing from the tract on which

such improvements may be located until the purchase price thereof

is fully paid.

"Sec. 8. That the lands and money of said band shall be allotted

and divided among the members thereof so as to give each an equal

share of the whole in value, as nearly as may be, and to accomplish

that the value of the standard allotment share shall be determined

by dividing the total appraised value of all allotted and

allottable lands by the total number of enrolled members.

"If any member shall fail to receive his full share of the tribal

lands, he shall be entitled to the payment of money so as to adjust

the difference as nearly as possible. If any member shall receive

an allotment exceeding in value his full share of the tribal lands,

the difference shall be adjusted by deduction from his distributive

share of the tribal funds.

"Sec. 9. That when the tracts available for allotments are

ascertained, each member of the said band may apply for a tract or

tracts of land to the extent of thirty acres, as nearly as

practicable, to include his home and improvements, if he so

desires, and the selection so made shall be final as to the right

to occupy and use the land so applied for as against all other

members if no contest is filed against such selection within ninety

days from and after formal application is made therefor: Provided,

That any person claiming the right to select any given tract of

land by reason of the purchase of improvements thereon shall have

ninety days to make application therefor from and after the date of

approval of any sale conveying to him said improvements, and such

application shall become final as in other cases, subject to the

right of any other member to contest such selection, ninety days

from and after the same is duly made. All contests shall be

instituted and heard pursuant to the rules and regulations of the

Interior Department applicable thereto. Any allotment selection may

be modified or limited, in the discretion of those in charge of the

work, so as to give the selector of adjacent or contiguous lands

access to firewood and drinking water.

"Sec. 10. That adults may select their own allotments, where

mentally capable of so doing, but allotments for minors may be

selected by their father or mother, in the order named, or by the

officers in charge of the allotment work. The said officers may

also select allotments for prisoners, convicts, aged, infirm, and

insane or otherwise mentally incompetent members and for the

estates of deceased members and, if necessary to complete any

allotments or to bring the allotment work to a close, may make

arbitrary selections for and on behalf of any member of said band.

"Sec. 11. That allotments may be selected for the members of any

family, wherever practicable, from contiguous lands or other lands

held by the head of the family, including both adult and minor

children and such other relatives as are members of the household:

Provided, That if any adult child shall claim the benefit of this

section, he shall not be entitled as a matter of right to have his

selection made from the lands desired by his father or mother or

from lands needed by any minor member of the family for allotment

purposes, but this shall not prevent selection of lands outside the

family holdings if desired.

"Sec. 12. That where annuity or other payments to individuals

have heretofore been suspended because their enrollment status has

been questioned, the amounts involved in such suspended payments

shall be paid to individuals found entitled to enrollment or to

their heirs, and all funds of said band, after making such payments

and after payments needed for equalizing allotments as hereinbefore

provided and all other payments herein directed to be made, shall

be distributed per capita among the enrolled members of said band

and the heirs of those who shall die before distribution is

completed, and shall be paid to the distributees or conserved and

used for their benefit, according to whether they belong to the

restricted or unrestricted class, at such time and in such manner

as shall be deemed advisable.

"Sec. 13. That any member of said band whose degree of Indian

blood is less than one-sixteenth may, in the discretion of the

Secretary of the Interior, be paid a cash equivalent in lieu of an

allotment of land. Any person desiring to avail himself of this

provision may make application to the officers in charge of the

allotment work at any time within ninety days after the date of the

approval of the final roll, and preference shall be given in the

order of application. The said officers shall have the power to add

to the register of such names the names of any other members of the

same class, including minors for whom no application is made for

such time as may be allowed for the purpose by the regulations.

Applications should be made in person by adults and for minors by

their fathers or mothers, in the order named.

"Sec. 14. That if any member shall claim that he is the owner of

a so-called private land claim, for the reason that money was

advanced by him or his ancestor to pay in whole or in part for any

land the title to which is now in the band, such claim may be

submitted to and equitably adjusted by the Secretary of the

Interior, whose decision thereon shall be final and not subject to

review by the courts. In such adjustment due consideration shall be

given to matters presented by the band in the way of offsets or

counterclaims.

"Sec. 15. That a certificate of allotment shall be issued to each

allottee upon the expiration of the contest period, if no contest

is then pending, or, if a contest is then pending, upon final

disposition thereof, but shall be dated as of the date of

selection. Each certificate shall contain the name and roll number

of the allottee, and the legal effect thereof shall be to give the

allottee the right to occupy and use the surface of the land

described therein, as against each and every other member of the

band, but not as against the band itself, or against the United

States: Provided, That the Secretary of the Interior may cancel any

certificate of allotment at any time before title to the land

described therein is conveyed to the allottee, if in his judgment

said land should be reserved for allotment for any purpose herein

authorized or for any other good and sufficient reason, but before

such action is taken the allottee shall have due notice and

opportunity to be heard. If any such certificate shall be revoked,

the allottee may select other lands as if no certificate had been

issued to him.

"Sec. 16. That as soon as practicable after a certificate of

allotment is issued there shall be issued to the allottee a deed

conveying all right, title, and interest of the United States, as

trustee, and of the band, and of every other member thereof, in and

to the land described in said certificate. Each deed shall recite

the roll number and degree of Indian blood of the grantee and shall

be executed by or in the name of the Secretary of the Interior, who

is hereby authorized to designate any clerk or employee of the

department to sign his name for him to all such deeds.

"Each deed, when so issued, shall be recorded in the office of

the recorder of deeds for the county in which the land conveyed

thereby is located. When so recorded title to the land shall vest

in the allottee subject to the conditions, limitations, and

restrictions herein imposed. Upon the recording of any deed it

shall be the duty of the officers representing the Government of

the United States to deliver it to the allottee named therein.

"Sec. 17. That if any member enrolled as provided in this Act

shall die before receiving his distributive share of the band or

tribal property, the land and moneys to which he would be entitled,

if living, shall descend to his heirs according to the laws of the

State of North Carolina and be distributed to them accordingly, but

in all such cases the allotment and deed therefor shall be made in

the name of the deceased ancestor and shall be given the same force

and effect as if made during his lifetime: Provided, That the

provisions of the Act of Congress approved June 25, 1910

(Thirty-sixth Statutes, page 855), as amended by the Act of

Congress of February 14, 1913 (Thirty-seventh Statutes, page 678),

relating to the determination of heirs and approval of wills by the

Secretary of the Interior, and to other matters, are hereby made

applicable to the persons and estates of the members of the said

band, and in the construction of said Acts no distinction shall be

made between restricted lands and moneys and those conveyed or held

in trust.

"Sec. 18. That leases of lands allotted under this Act may be

made during the restricted period for any purpose and for any term

of years, under rules and regulations to be prescribed by the

Secretary of the Interior: Provided, That such leases shall be

executed on behalf of minors and other incompetents, including any

Indian deemed to be incapable, mentally or physically, of managing

his business affairs properly and with benefit to himself and in

their names, by a duly authorized representative of the Indian

Service designated by said Secretary for the purpose: Provided

further, That all leases of unpartioned estates shall be so made

and approved unless all of the Indian heirs or owners are of the

unrestricted class, and shall be subject to supervision during the

restricted period the same as leases made on other restricted

lands, but all rents and royalties accruing therefrom to

unrestricted owners shall be paid, by the proper officers of the

Indian Service, to such owners at the earliest date practicable

after the collection thereof.

"Parents may use the lands allotted to their children and receive

the rents and profits arising herefrom during the minority of such

children: Provided, That this privilege may be revoked by the

Commissioner of Indian Affairs at any time while said lands are

restricted for such cause as may by him be deemed good and

sufficient.

"Sec. 19. That lands allotted under this Act shall not be

alienable, either by voluntary or enforced sale by the allottee or

his heirs or otherwise, for a period of twenty-five years from and

after the date when the deed conveying such land to the allottee is

recorded as directed herein: Provided, That upon the completion of

the allotments and the recording of the deeds as herein directed

each allottee shall become a citizen of the United States and a

citizen of the particular State wherein he (or she) may reside,

with all the rights, privileges, and immunities of such citizens:

Provided further, That the Secretary of the Interior may, in his

discretion, at any time after a deed is recorded remove the

restrictions on the lands described therein, either with or without

application by the owner or owners, under such rules and

regulations or special orders governing the terms of sale and the

disposition of the proceeds as he shall prescribe.

"Sec. 20. That lands allotted under this Act shall not be

subjected or held liable to any form of personal claim, or demand,

against the allottee, arising or existing prior to the removal of

restrictions; and any attempted alienation or incumbrance of

restricted land by deed, mortgage, contract to sell, power of

attorney, or other method of incumbering real estate, except leases

specifically authorized by law, made before or after the approval

of this Act and prior to removal of restrictions therefrom, shall

be absolutely null and void.

"Sec. 21. That all lands, and other property, of the band, or the

members thereof, except funds held in trust by the United States,

may be taxed by the State of North Carolina, to and including the

tax year following the date of this Act. Such taxes shall be paid

from the common funds of said band for such period, except upon

such tracts as shall have been lawfully sold prior to the date when

tax assessments can be made thereon under the State law. All tax

assessments made pursuant to this Act on restricted allotments or

undivided tribal property held in trust by the United States shall

be subject to revision by the Commissioner of Indian Affairs for a

period of one year following the date when such assessments are

spread on the local tax rolls, but if he shall take no action

thereon during said year, such assessments shall be final, but this

shall not be construed to deprive any allottee of any remedy to

which he would be entitled under the State law: Provided, That such

restricted and undivided property shall be exempt from sale for

unpaid taxes for two years from the date when such taxes become due

and payable, and no penalty for delinquency in the payment of such

taxes shall be charged or collected for or during said period, so

that Congress may have an opportunity to make provision for the

payment of such taxes if the band, or tribal, funds are found

insufficient for the purpose.

"After the expiration of the tax year following that in which

this Act is approved all lands allotted to members of said band,

from which restrictions shall have been removed, shall be subject

to taxation the same as other lands. But from and after the

expiration of said tax year all restricted allotments and undivided

property shall be exempt from taxation until the restrictions on

the alienation of such allotments are removed or the title of the

band to such undivided property is extinguished.

"Sec. 22. That the removal of restrictions upon allotted lands

shall not deprive the United States of the duty or authority to

institute and prosecute such action in its own name, in the courts

of the United States, as may be necessary to protect the rights of

the allottees, or of their heirs, until the said band shall be

dissolved by congressional action, unless the order removing such

restrictions is based upon an express finding that the Indian to

whom it relates if fully competent and capable of managing his own

affairs.

"Sec. 23. That the authority of the Eastern Band of Cherokee

Indians of North Carolina to execute conveyances of lands owned by

said band, or any interest therein, is recognized, and any such

conveyance heretofore made, whether to the United States or to

others, shall not be questioned in any case where the title

conveyed or the instrument of conveyance has been or shall be

accepted or approved by the Secretary of the Interior.

"Sec. 24. That the reinvestment of the proceeds arising from the

sale of surplus and unallotted lands of said band in other lands in

the vicinity of the Indian school at Cherokee, North Carolina, is

hereby authorized, in the discretion of the Secretary of the

Interior, and lands so purchased may be allotted as provided for

herein respecting the allotment of lands now owned by said band.

"Sec. 25. That all things provided for herein shall be done under

the direction of the Secretary of the Interior, who is authorized

to prescribe needed rules and regulations.

"All questions as to enrollment and as to all other matters

involving the disposition of the lands or moneys of said band, or

of the members thereof, shall be decided by the Secretary of the

Interior, and such decision as to any matter of fact or law shall

be final.

"Sec. 26. That in addition to any sum or sums heretofore or

hereafter regularly appropriated for salaries and expenses, there

is hereby authorized to be appropriated, from the funds of the

United States in the Treasury not otherwise appropriated, the sum

of $10,000, or so much thereof as may be necessary, for the payment

of such expenses as shall be necessarily incurred, including the

salaries of additional employees in the administration of this

Act."

FLATHEAD RESERVATION, MONTANA

Act Feb. 25, 1920, ch. 87, 41 Stat. 452, provided for allotments

on the Flathead Reservation, Montana, to all unallotted, living

children, enrolled with the tribe, enrolled or entitled to

enrollment.

FORT BELKNAP RESERVATION, MONTANA

Act Mar. 3, 1921, ch. 135, 41 Stat. 1355, provided for the

enrollment of the Indians of the Gros Ventre and Assiniboine Tribes

in the Fort Belknap Reservation, Montana, and for the allotment

among such enrolled Indians of the unreserved and undisposed of

lands on the reservation; declared the Indians to whom trust

patents for such allotted lands shall be issued to be citizens of

the United States; provided for reservation from allotment of lands

chiefly valuable for the development of water power, and for Indian

agency, school, religious, cemetery and administrative purposes;

provided for the reservation of certain of the lands for park

purposes and for a site for a sanatorium for the benefit of the

Indians; provided for the issue of patents for a certain limited

number of acres of the lands to missionary, religious and

educational purposes; provided for the examination of the lands,

prior to their allotment, to determine the mineral character

thereof; provided for the reservation of coal on the lands for

certain purposes; provided that the timber lands shall remain

tribal property and for the use of the timber thereon by the

Indians; provided for the reservation and disposition of town-sites

on the lands; provided for the construction of irrigation projects

on the lands; provided for the grant of certain of the lands to the

State of Montana for school lands and made an appropriation to

carry out the purposes of the act.

KANSAS OR KAW TRIBE OF OKLAHOMA

Act Mar. 4, 1923, ch. 297, 42 Stat. 1561, extended period of

restriction against alienation of lands allotted to minor members

of Kansas or Kaw Tribe of Oklahoma for a period of twenty-five

years from Mar. 4, 1923.

LAC DU FLAMBEAU BAND OF WISCONSIN

Act May 19, 1924, ch. 158, 43 Stat. 132, provided for enrollment

and allotment of members of Lac du Flambeau Band of Lake Superior

Chippewas in Wisconsin.

OSAGE INDIAN TRIBE OF OKLAHOMA

Pub. L. 98-576, Oct. 30, 1984, 98 Stat. 3065, provided: "That (a)

any Osage headright or restricted real estate or funds which is

part of the estate of a deceased Osage Indian with respect to whom

-

"(1) a certificate of competency had never been issued before

the time of death, or

"(2) a certificate of competency had been revoked by the

Secretary of the Interior before the death of such Osage Indian,

shall be exempt from any estate or inheritance tax imposed by the

State of Oklahoma.

"(b) Subsection (a) shall apply to the estate of any Osage Indian

who dies on or after the date of the enactment of this Act [Oct.

30, 1984].

"Sec. 2. For purposes of this Act -

"(1) the term 'headright' means any right of any person to

share in any royalties, rents, sales, or bonuses arising from the

Osage mineral estate;

"(2) the term 'Osage mineral estate' means any right, title, or

interest in any oil, gas, coal, or other mineral held by the

United States in trust for the benefit of the Osage Tribe of

Indians under section 3 of the Osage Tribe Allotment Act;

"(3) the term 'restricted real estate or funds' means any real

estate or fund held by an Osage Indian or by the Secretary of the

Interior in trust for the benefit of such Indian which is subject

to any restriction against alienation, or transfer by any other

means, under any Act of Congress applicable to the Osage Tribe of

Indians or applicable generally to Indians or any bands, tribes,

or nations of Indians; and

"(4) the term 'Osage Tribe Allotment Act' means the Act

approved June 28, 1906, and entitled 'An Act for the division of

the lands and funds of the Osage Indians in Oklahoma Territory,

and for other purposes' (34 Stat. 539)."

Pub. L. 95-496, Secs. 3-11, Oct. 21, 1978, 92 Stat. 1660-1664, as

amended by Pub. L. 98-605, Sec. 2, Oct. 30, 1984, 98 Stat. 3163,

provided that:

"Sec. 3. (a) [Repealed act Feb. 5, 1948, ch. 46, 62 Stat. 18,

formerly set out below.]

"(b) Any Osage Indian having received a certificate of competency

under paragraph 7 of section 2 of the Act of June 28, 1906 (34

Stat. 539, 542); section 3 of the Act of March 2, 1929 (45 Stat.

1478, 1480) [amending act Feb. 27, 1925, ch. 359, 43 Stat. 1008,

which is set out below]; or the Act of February 5, 1948 (62 Stat.

18) [Act Feb. 5, 1948, ch. 46, 62 Stat. 18], may make application

to the Secretary of the Interior to revoke such certificate and the

Secretary shall revoke such certificate: Provided, That revocation

of any certificate shall not affect the legality of any

transactions heretofore made by reason of the issuance of any such

certificate. Restrictions against alienation of lands heretofore

removed are not reimposed.

"(c) [Amended act Feb. 27, 1925, set out below, act Mar. 2, 1929,

ch. 493, Sec. 4, 45 Stat. 1480, and June 24, 1938, ch. 645, Secs.

1, 3, 52 Stat. 1034, 1035.

"Sec. 4. In order to conserve natural resources and provide for

the greatest ultimate recovery of oil and gas underlying the Osage

mineral estate, the Secretary of the Interior is authorized to

establish rules and regulations under which oil and gas leases

producing from a common source of supply may be unitized.

"Sec. 5. (a) [Amended act Apr. 18, 1912, ch. 83, Sec. 8, 37 Stat.

88.]

"(b) [Amended act Apr. 18, 1912, ch. 83, Sec. 3, 37 Stat. 86.]

"(c) [Amended act Feb. 27, 1925, set out below.]

"(d)(1) Notwithstanding any provision of -

"(A) section 3 or 8 of the Osage Indians Act of 1912 (as

amended by subsections (b) and (a), respectively) [not classified

to the Code], or

"(B) section 7 of the Osage Indians Act of 1925 (as amended by

subsection (c)) [act Feb. 27, 1925, set out below],

any sale or transfer or any disposition by any other means of any

headright shall be subject to section 7 of this Act [set out

below].

"(2) Notwithstanding section 6(a) of this Act [set out below] or

section 8 of the Osage Indians Act of 1912, no Osage Indian may -

"(A) provide for the transfer of any interest of such person in

any headright -

"(i) by will to any person which is not an individual, or

"(ii) by the establishment of an inter vivos trust for the

benefit of any person which is not an individual; or

"(B) provide, whether by the terms of a will, the terms of a

testamentary trust established by a will, or by the terms of an

instrument establishing an inter vivos trust, that any interest

in any headright -

"(i) which such Osage Indian had (at the time of death of

such person or at the time any such inter vivos trust was

established), and

"(ii) in which any individual was granted a life estate by

such Osage Indian,

may be transferred to or held for the benefit of any individual

who is not an Osage Indian upon the death of the individual who

held such life estate.

"Sec. 6. (a) With the approval of the Secretary of the Interior,

any person of Osage Indian blood, eighteen years of age or older,

may establish an inter vivos trust covering his headright or

mineral interest except as provided in section 8 hereof; surplus

funds; invested surplus funds; segregated trust funds; and allotted

or inherited land, naming the Secretary of the Interior as trustee.

An Osage Indian having a certificate of competency may designate a

banking or trust institution as trustee. Said trust shall be

revocable and shall make provision for the payment of funeral

expenses, expenses of last illness, debts, and an allowance to

members of the family dependent on the settlor.

"(b) Property placed in trust as provided by this section shall

be subject to the same restrictions against alienation that

presently apply to lands and property of Osage Indians, and the

execution of such instrument shall not in any way affect the

tax-exempt status of said property.

"RULES GOVERNING DEVOLUTION OF INTERESTS IN OSAGE HEADRIGHTS

"Sec. 7. (a) General Rule. - No person who is not an Osage Indian

may, on or after October 21, 1978, receive any interest in any

headright, other than a life estate in accordance with subsection

(b), whether such interest would be received by such person (but

for this subsection) under a will, a testamentary or inter vivos

trust, or the Oklahoma laws of intestate succession.

"(b) Exception for Life Estates. - Notwithstanding subsection (a)

and subject to section 5(d)(2) [set out above], an individual who

is not an Osage Indian may receive a life estate in any headright

held by a testator, settlor, or decedent who is or was an Osage

Indian under a will, or under a testamentary trust established by a

will, of such testator, an inter vivos trust established by such

settlor, or the Oklahoma laws of intestate succession relating to

the administration of the estate of such decedent.

"(c) Special Rules Governing Interests in Osage Headright Upon

Death of Individual Who Held Life Estate in Such Headright. -

"(1) Designated osage remaindermen. - Upon the death of any

individual who is not an Osage Indian and who held a life estate

in any headright of a testator or settlor described in subsection

(b), all remaining interests in such headright shall vest in any

remaindermen who -

"(A) are designated in the will of the testator or the

instrument establishing the trust of the settlor to receive

such remainder interest, and

"(B) are Osage Indians.

"(2) No designated osage remaindermen. - Upon the death of any

individual who is not an Osage Indian and who held a life estate

in any headright of a testator, settlor, or decedent described in

subsection (b) who -

"(A) did not designate any remainderman who is an Osage

Indian to receive any remaining interest in such headright in

the will of such testator or instrument of such settlor, or

"(B) died intestate,

all remaining interests in such headright shall vest in any

heirs, as determined under the Oklahoma laws of intestate

succession, of such testator, settlor, or decedent who are Osage

Indians.

"(3) No heir who is an osage indian. - Upon the death of any

individual who is not an Osage Indian and who held a life estate

in any headright of an Osage testator, settlor, or decedent

described in subsection (b) who -

"(A) designated no remainderman who is an Osage Indian for

any remaining interest in such headright, and

"(B) had no heir under the Oklahoma laws of intestate

succession who is an Osage Indian and is living at the time of

death of the individual who held such life estate,

all remaining interests in such headright shall vest in the Osage

Tribe of Indians.

"(d) Liability of Tribe in Case of Remainderman or Heir Who is

Not an Osage Indian. - In any case in which -

"(1) any remainder interest of a testator, settlor, or decedent

described in subsection (b) vests in the Osage Tribe of Indians

under subsection (c)(3), and

"(2) an individual who is not an Osage Indian and who, but for

this section, would have received any portion of such remaining

interest in the headright by virtue of -

"(A) having been designated under the will of such testator,

or the instrument of such settlor which established any such

trust, to receive such remainder interest, or

"(B) being the heir of such decedent under the Oklahoma laws

of intestate succession,

the tribe shall pay any such individual the fair market value of

the portion of the interest in such headright such individual would

have received but for this section.

"Sec. 8. (a)(1) No headright owned by any person who is not of

Indian blood may be sold, assigned, or transferred without the

approval of the Secretary. Any sale of any interest in such

headright (and any other transfer which divests such person of any

right, title, or interest in such headright) shall be subject to

the following rights of purchase:

"(1) First right of purchase by the heirs in the first degree

of the first Osage Indian to have acquired such headright under

an allotment who are living and are Osage Indians, or, if they

all be deceased, all heirs in the second through the fourth

degree of such first Osage Indian who are living and are Osage

Indians.

"(2) Second right of purchase by any other Osage Indian for the

benefit of any Osage Indian in his or her individual capacity.

"(3) Third right of purchase by the Osage Tribal Council on

behalf of the Osage Tribe of Indians.

No owner of any headright shall be required, by reason of this

subsection, to sell such headright for less than its fair market

value or to delay any such sale more than 90 days from the date by

which notice of intention to sell (or otherwise transfer) such

headright has been received by each person with respect to whom a

right of purchase has been established under this subsection.

"(b) Notwithstanding the paragraph designated 'First' of section

4 of the Osage Tribe Allotment Act or any other provision of law,

any income from the Osage mineral estate may be used for the

purchase of any headright offered for sale to the Osage Tribal

Council pursuant to subsection (a) or vested in the Osage Tribe

pursuant to section 7 if, prior to the time that any income from

the Osage mineral estate is segregated for distribution to holders

of headrights, the Osage Tribal Council requests the Secretary to

authorize such use of such funds and the Secretary approves such

request.

"Sec. 9. Under such regulations as the Secretary of the Interior

may prescribe, the heirs and legatees of any deceased owner of an

Osage headright or mineral interest, real estate on which

restrictions against alienation have not been removed, and funds on

deposit at the Osage Agency may be determined by the Secretary if

such aggregate interests do not exceed $10,000: Provided, That no

court of competent jurisdiction has undertaken the probate of the

deceased's estate and a request for such administrative

determination has been made to the Secretary by one or more of the

heirs or legatees."

"Sec. 10. Except where any provision of this Act explicitly

provides otherwise, wherever the term 'Osage Indian' is used in

this Act, such term shall be construed so as to include any child

who has been adopted by an Osage Indian (pursuant to the decision

of any court of competent jurisdiction) and any lineal descendant

of such child.

"Sec. 11. For purposes of this Act -

"(1) the term 'Osage mineral estate' means any right, title, or

interest in any oil, gas, coal, or other mineral held by the

United States in trust for the benefit of the Osage Indian Tribe

under section 3 of the Osage Tribe Allotment Act;

"(2) the term 'headright' means any right of any person to

share in any royalties, rents, sales, or bonuses arising from the

Osage mineral estate;

"(3) the term 'Secretary' means the Secretary of the Interior;

"(4) the term 'person' has the meaning given to such term in

section 1 of title 1, United States Code;

"(5) the term 'Osage Tribe Allotment Act' means the Act

approved June 28, 1906, and entitled 'An Act For the division of

the lands and funds of the Osage Indians in Oklahoma Territory,

and for other purposes.' (34 Stat. 539);

"(6) the term 'Osage Indians Act of 1912' means the Act

approved April 18, 1912, and entitled 'An Act Supplementary to

and amendatory of the Act entitled "An Act for the division of

the lands and funds of the Osage Nation of Indians in Oklahoma,"

approved June twenty-eighth, nineteen hundred and six, and for

other purposes.' (37 Stat. 86); and

"(7) the term 'Osage Indians Act of 1925' means the Act

approved February 27, 1925, and entitled 'An Act To amend the Act

of Congress of March 3, 1921, entitled "An Act to amend section 3

of the Act of Congress of June 28, 1906, entitled 'An Act of

Congress for the division of the lands and funds of the Osage

Indians in Oklahoma, and for other purposes.' " ' (43 Stat. 1008)

[set out below]."

Pub. L. 95-496, Sec. 3(a), Oct. 21, 1978, 92 Stat. 1660, repealed

act Feb. 5, 1948, ch. 46, 62 Stat. 18, which related to issuance of

certificates of competency to members of the Osage Tribe of less

than one-half Indian blood upon attaining age twenty-one.

Act Aug. 4, 1947, ch. 474, Sec. 1, 61 Stat. 747, as amended by

Pub. L. 85-857, Sec. 13(n), Sept. 2, 1958, 72 Stat. 1266, provided:

"That the provisions of section 6 of the Act approved February 27,

1925 (43 Stat. 1008) [set out in note below], as amended by section

5 of the Act approved March 2, 1929, (45 Stat. 1478) [set out in

note below], which make invalid contracts of debt entered into by

certain members of the Osage Tribe of Indians, shall not apply to

any debt contracted pursuant to title III of the Servicemen's

Readjustment Act of 1944 or chapter 37 of title 38, United States

Code, by any member of such tribe who, by reason of his service in

the armed forces of the United States during World War II, is

eligible for the benefits of such title III or chapter 37; and any

other member of the Osage Tribe upon attaining the age of

twenty-one years may contract a valid debt without approval of the

Secretary of the Interior: Provided, That the Osage lands and funds

and any other property which has heretofore or which may hereafter

be held in trust or under supervision of the United States for such

Osage Indians not having a certificate of competency shall not be

subject to lien, levy, attachment, or forced sale to satisfy any

debt or obligation contracted or incurred prior to the issuance of

a certificate of competency."

Act Feb. 27, 1925, ch. 359, 43 Stat. 1008, as amended by acts

Mar. 2, 1929, ch. 493, Secs. 3, 4, 45 Stat. 1480; Sept. 1, 1950,

ch. 832, 64 Stat. 572; Oct. 21, 1978, Pub. L. 95-496, Secs. 3(c),

5(c), formerly 5(7), 92 Stat. 1661, 1662; Oct. 30, 1984, Pub. L.

98-605, Secs. 2(b), 4, 98 Stat. 3163, 3167, provided that:

"The Secretary of the Interior shall cause to be paid at the end

of each fiscal quarter to each adult member of the Osage Tribe of

Indians in Oklahoma having a certificate of competency, his or her

pro rata share, either as a member of the tribe or heir or devisee

of a deceased member, of the interest on trust funds, the bonus

received from the sale of oil or gas leases, the royalties

therefrom and any other moneys due such Indian received during each

fiscal quarter, including all moneys received prior to the passage

of this Act and remaining unpaid; and so long as the accumulated

income is sufficient the Secretary of the Interior shall cause to

be paid to the adult members of said tribe not having a certificate

of competency $1,000 quarterly, except where such adult members

have legal guardians, in which case the amounts provided for herein

may be paid to the legal guardian or direct to such Indian in the

discretion of the Secretary of the Interior, the total amounts of

such payments, however, shall not exceed $1,000 quarterly except as

hereinafter provided; and shall cause to be paid for the

maintenance and education, to either one of the parents or legal

guardians actually having personally in charge, enrolled or

unenrolled, minor member under twenty-one years of age, and above

eighteen years of age, $1,000 quarterly out of the income of each

of said minors, and out of the income of minors under eighteen

years of age, $500 quarterly, and so long as the accumulated income

of the parent or parents of a minor who has no income or whose

income is less than $500 per quarter is sufficient, shall cause to

be paid to either of said parents having the care and custody of

such minor $500 quarterly, or such proportion thereof as the income

of such minor may be less than $500, in addition to the allowances

above provided for such parents. Rentals due such adult members

from their lands and their minor children's lands and all income

from such adults' investments shall be paid to them in addition to

the allowance above provided. All payments to legal guardians of

Osage Indians shall be expended subject to the joint approval in

writing of the court and the superintendent of the Osage Agency.

All payments to adults not having certificates of competency,

including amounts paid for each minor, shall, in case the Secretary

of the Interior finds that such adults are wasting or squandering

said income, be subject to the supervision of the superintendent of

the Osage Agency: Provided, That if an adult member, not having a

certificate of competency, so desires, his entire income

accumulating in the future from the sources herein specified may be

paid to him without supervision, unless the Secretary of the

Interior shall find, after notice and hearing, that such member is

wasting or squandering his income, in which event the Secretary of

the Interior shall pay to such member only the amounts hereinbefore

specified to be paid to adult members not having certificates of

competency. The Secretary of the Interior shall invest the

remainder, after paying the taxes of such members, in United States

bonds, Oklahoma State bonds, real estate, first mortgage real

estate loans not to exceed 50 per centum of the appraised value of

such real estate, and where the member is a resident of Oklahoma

such investment shall be in loans on Oklahoma real estate, stock in

Oklahoma building and loan associations, livestock, or deposit the

same in banks in Oklahoma, or expend the same for the benefit of

such member, such expenditures, investments, and deposits to be

made under such restrictions, rules, and regulations as he may

prescribe: Provided, That the Secretary of the Interior shall not

make any investment for an adult member without first securing the

approval of such member of such investment: Provided further, That

at the beginning of each fiscal year there shall first be reserved

and set aside, out of Osage tribal funds available for that

purpose, a sufficient amount of money for the expenditures

authorized by Congress out of Osage funds for that fiscal year. No

guardian shall be appointed except on the written application or

approval of the Secretary of the Interior for the estate of a

member of the Osage Tribe of Indians who does not have a

certificate of competency or who is of one-half or more Indian

blood. All moneys now in the possession or control of legal

guardians heretofore paid to them in excess of $4,000 per annum

each for adults and $2,000 each for minors under the Act of

Congress of March 3, 1921, relating to the Osage Tribe of Indians,

shall be returned by such guardians to the Secretary of the

Interior, and all property, bonds, securities, and stock purchased,

or investments made by such guardians out of said moneys paid them

shall be delivered to the Secretary of the Interior by them, to be

held by him or disposed of by him as he shall deem to be for the

best interest of the members to whom the same belongs. All bonds,

securities, stocks, and property purchased and other investments

made by legal guardians shall not be subject to alienation, sale,

disposal, or assignment without the approval of the Secretary of

the Interior. Any indebtedness heretofore lawfully incurred by

guardians shall be paid out of the funds of the members for whom

such indebtedness was incurred by the Secretary of the Interior.

All funds other than as above mentioned, and other property

heretofore or hereafter received by a guardian of a member of the

Osage Tribe of Indians, which was theretofore under the supervision

and control of the Secretary of the Interior or the title to which

was held in trust for such Indian by the United States, shall not

thereby become divested of the supervision and control of the

Secretary of the Interior or the United States be relieved of its

trust; and such guardian shall not sell, dispose of or otherwise

encumber such fund or property without the approval of the

Secretary of the Interior, and in accordance with orders of the

county court of Osage County, Oklahoma. In case of the death,

resignation, or removal from office of such a guardian, the funds

and property in his possession subject to supervision and control

of the Secretary of the Interior or to which the United States held

the title in trust shall be immediately delivered to the

superintendent of the Osage Agency, to be held by him and

supervised or invested as hereinbefore provided. Within thirty days

after the passage of this Act, such guardian shall render and file

with the Secretary of the Interior or the superintendent of the

Osage Agency a complete accounting, fully itemized, under oath, for

the funds so paid to him and pay to the said Secretary or

superintendent any and all moneys in his hands at the time of the

passage of this Act, which have been paid him in excess of $4,000

per annum each for adults and $2,000 each for minors. The said

guardian shall at the same time tender to said Secretary or

superintendent all property or whatsoever kind in his possession at

the time of the passage of this Act, representing the investment by

him of said funds. The Secretary or superintendent is hereby

authorized to accept such property or any part thereof at the price

paid therefore by said guardian for the benefit of the ward of such

guardian, if in his judgment he deems it advisable, and to make

such settlement with such guardian as he deems best for such ward.

Failing to make satisfactory settlement with said guardian as to

said investments or any part thereof, the Secretary is authorized

to bring such suit or suits against said guardian, his bond, and

other parties in interest as he may deem necessary for the

protection of the interests of the ward and may bring such action

in any State court of competent jurisdiction or in the United

States district court for the district in which said guardian

resides.

"The Secretary of the Interior be, and is hereby, authorized, in

his discretion, under such rules and regulations as he may

prescribe, upon application of any member of the Osage Tribe of

Indians not having a certificate of competency, to pay all or any

part of the funds held in trust for such Indian: Provided, That the

Secretary of the Interior shall, within one year after this Act is

approved, pay to each enrolled Indian of less than half Osage

blood, one-fifth part of his or her proportionate share of

accumulated funds. And such Secretary shall on or before the

expiration of ten years from the date of the approval of this Act,

advance and pay over to such Osage Indians of less than one-half

Osage Indian blood, all of the balance appearing to his credit of

accumulated funds, and shall issue to such Indian a certificate of

competency: And provided further, That nothing herein contained

shall be construed to interfere in any way with the removal by the

Secretary of the Interior of restrictions from and against any

Osage Indian at any time.

"Sec. 2. Upon the death of an Osage Indian who does not have a

certificate of competency, his or her moneys and funds and other

property accrued and accruing to his or her credit and which have

heretofore been subject to supervision as provided by law may be

paid to the administrator or executor of the estate of such

deceased Indian or direct to his heirs or devisees, or may be

retained by the Secretary of the Interior in the discretion of the

Secretary of the Interior, under regulations to be promulgated by

him: Provided, That the Secretary of the Interior shall pay to

administrators and executors of the estates of such deceased Osage

Indians a sufficient amount of money out of such estates to pay all

lawful indebtedness and costs and expenses of administration when

approved by him; and, out of the shares belonging to heirs or

devisees, above referred to, he shall pay the costs and expenses of

such heirs or devisees, including attorney fees, when approved by

him, in the determination of heirs or contest of wills. Upon the

death of any Osage Indian of less than one-half of Osage Indian

blood or upon the death of an Osage Indian who has a certificate of

competency, his moneys and funds and other property accrued and

accruing to his credit shall be paid and delivered to the

administrator or executor of his estate to be administered upon

according to the laws of the State of Oklahoma: Provided, That upon

the settlement of such estate any funds or property subject to the

control or supervision of the Secretary of the Interior on the date

of the approval of this Act, which have been inherited by or

devised to any adult or minor heir or devisee who does not have a

certificate of competency, and which have been paid or delivered by

the Secretary of the Interior to the administrator or executor

shall be paid or delivered by such administrator or executor to the

Secretary of the Interior for the benefit of such Indian and shall

be subject to the supervision of the Secretary as provided by law.

"Sec. 3. Lands devised to members of the Osage Tribe who do not

have certificates of competency, under wills approved by the

Secretary of the Interior, and lands inherited by such Indians,

shall be inalienable unless such lands be conveyed with the

approval of the Secretary of the Interior. Property of Osage

Indians not having certificates of competency purchased as

hereinbefore set forth shall not be subject to the lien of any

debt, claim, or judgment except taxes, or be subject to alienation,

without the approval of the Secretary of the Interior.

"Sec. 4. Whenever the Secretary of the Interior shall find that

any member of the Osage Tribe, to whom has been granted a

certificate of competency, is squandering or misusing his or her

funds, he may revoke such certificate of competency after notice

and hearing in accordance with such rules and regulations as he may

prescribe, and thereafter the income of such member shall be

subject to supervision and investment as herein provided for

members not having certificates of competency to the same extent as

if a certificate of competency had never been granted: Provided,

That all just indebtedness of such member existing at the time his

certificate of competency is revoked shall be paid by the Secretary

of the Interior, or his authorized representative, out of the

income of such member, in addition the quarterly income

hereinbefore provided for: And provided further, That such

revocation or cancellation of any certificate of competency shall

not affect the legality of any transactions theretofore made by

reason of the issuance of any certificate of competency.

"Sec. 5. No person convicted of having taken, or convicted of

causing or procuring another to take, the life of an Osage Indian

shall inherit from or receive any interest in the estate of the

decedent, regardless of where the crime was committed and the

conviction obtained.

"Sec. 6. No contract for debt hereafter made with a member of the

Osage Tribe of Indians not having a certificate of competency,

shall have any validity, unless approved by the Secretary of the

Interior. In addition to the payment of funds heretofore

authorized, the Secretary of the Interior is hereby authorized in

his discretion to pay, out of the funds of a member of the Osage

Tribe not having a certificate of competency, any indebtedness

heretofore or hereafter incurred by such member by reason of his

unlawful acts of carelessness or negligence.

"Sec. 7. Except as provided in sections 5(d) and 7 of the Act

approved October 21, 1978, and entitled 'An Act to amend certain

laws relating to the Osage Tribe of Oklahoma, and for other

purposes.', on or after October 21, 1978 [Pub. L. 95-496, set out

above], none but heirs of Indian blood and children legally adopted

by a court of competent jurisdiction and parents, Indian or

non-Indian, shall inherit, in accordance with the laws of the State

of Oklahoma relating to intestate succession from Osage Indians any

right, title, or interest to any restricted land, moneys, or Osage

headright or mineral interest. No adopted child of any Osage Indian

who is not an Osage Indian shall be eligible to inherit, as the

collateral heir (within the meaning of the laws of the State of

Oklahoma relating to intestate succession) of any Osage Indian

decedent, any property or interest in property held in trust by the

Secretary of the Interior for the benefit of such decedent."

Act Mar. 2, 1929, ch. 493, Sec. 5, 45 Stat. 1481, provided that:

"The restrictions concerning lands and funds of allotted Osage

Indians, as provided in this Act and all prior Acts now in force,

shall apply to unallotted Osage Indians born since July 1, 1907, or

after the passage of this Act, and to their heirs of Osage Indian

blood, except that the provisions of section 6 of the Act of

Congress approved February 27, 1925 [set out below], with reference

to the validity of contracts for debt, shall not apply to any

allotted or unallotted Osage Indian of less than one-half degree

Indian blood: Provided, That the Osage lands and funds and any

other property which has heretofore or which may hereafter be held

in trust or under supervision of the United States for such Osage

Indians of less than one-half degree Indian blood not having a

certificate of competency shall not be subject to forced sale to

satisfy any debt or obligation contracted or incurred prior to the

issuance of a certificate of competency: Provided further, That the

Secretary of the Interior is hereby authorized in his discretion to

grant a certificate of competency to any unallotted Osage Indian

when in the judgment of the said Secretary such member is fully

competent and capable of transacting his or her own affair."

Act Apr. 12, 1924, ch. 95, 43 Stat. 94, provided that any right

to an interest in lands, money, or mineral interests, as provided

in act June 28, 1906, ch. 3572, 34 Stat. 539 (Osage Indians), and

in the amendatory and supplemental acts, vested in, determined, or

adjudged to be the right or property of any person not an Indian by

blood, may, with the approval of the Secretary of the Interior, and

not otherwise, be sold, assigned, and transferred under such rules

and regulations as the Secretary of the Interior may prescribe.

PUEBLO INDIANS OF NEW MEXICO

Act May 31, 1933, ch. 45, Secs. 4, 5, 6, 8, 9, 48 Stat. 109, 110,

111, in addition to authorizing appropriations to pay in part the

liability of the United States to the Indian pueblos, provided:

"Sec. 4. That for the purpose of safeguarding the interests and

welfare of the tribe of Indians known as the Pueblo de Taos of New

Mexico in the certain lands hereinafter described, upon which lands

said Indians depend for water supply, forage for their domestic

livestock, wood and timber for their personal use and as the scene

of certain of their religious ceremonials, the Secretary of

Agriculture may and he hereby is authorized and directed to

designate and segregate said lands, which shall not thereafter be

subject to entry under the land laws of the United States, and to

thereafter grant to said Pueblo de Taos, upon application of the

governor and council thereof, a permit to occupy said lands and use

the resources thereof for the personal use and benefit of said

tribe of Indians for a period of fifty years, with provision for

subsequent renewals if the use and occupancy by said tribe of

Indians shall continue, the provisions of the permit are met and

the continued protection of the watershed is required by public

interest. Such permit shall specifically provide for and safeguard

all rights and equities hitherto established and enjoyed by said

tribe of Indians under any contracts or agreements hitherto

existing, shall authorize the free use of wood, forage, and lands

for the personal or tribal needs of said Indians, shall define the

conditions under which natural resources under the control of the

Department of Agriculture not needed by said Indians shall be made

available for commercial use by the Indians or others, and shall

establish necessary and proper safeguards for the efficient

supervision and operation of the area for national forest purposes

and all other purposes herein stated, the area referred to being

described as follows:

"Beginning at the northeast corner of the Pueblo de Taos grant,

thence northeasterly along the divide between Rio Pueblo de Taos

and Rio Lucero and along the divide between Rio Pueblo de Taos and

Red River to a point a half mile east of Rio Pueblo de Taos; thence

southwesterly on a line half mile east of Rio Pueblo de Taos and

parallel thereto to the northwest corner of township 25 north,

range 15 east; thence south on the west boundary of township 25

north, range 15 east, to the divide between Rio Pueblo de Taos and

Rio Fernandez de Taos; thence westerly along the divide to the east

boundary of the Pueblo de Taos grant; thence north to the point of

beginning; containing approximately thirty thousand acres, more or

less.

"Sec. 5. Except as otherwise provided herein the Secretary of the

Interior shall disburse and expend the amounts of money herein

authorized to be appropriated, in accordance with and under the

terms and conditions of the Act approved June 7, 1924: Provided,

however, That the Secretary be authorized to cause necessary

surveys and investigations to be made promptly to ascertain the

lands and water rights that can be purchased out of the foregoing

appropriations and earlier appropriations made for the same

purpose, with full authority to disburse said funds in the purchase

of said lands and water rights without being limited to the

appraised values thereof as fixed by the appraisers appointed by

the Pueblo Lands Board appointed under said Act of June 7, 1924

[set out below] and all prior Acts limiting the Secretary of the

Interior in the disbursement of said funds to the appraised value

of said lands as fixed by said appraisers of said Pueblo Lands

Board be, and the same are, expressly repealed: Provided further,

That the Secretary of the Interior be, and he is hereby, authorized

to disburse a portion of said funds for the purpose of securing

options upon said lands and water rights and necessary abstracts of

title thereof for the necessary period required to investigate

titles and which may be required before disbursement can be

authorized: Provided further, That the Secretary of the Interior

be, and he is hereby, authorized, out of the appropriations of the

foregoing amounts and out of the funds heretofore appropriated for

the same purpose, to purchase any available lands within the

several pueblos which in his discretion it is desirable to

purchase, without waiting for the issuance of final patents

directed to be issued under the provisions of the Act of June 7,

1924, where the right of said pueblos to bring independent suits,

under the provisions of the Act of June 7, 1924, has expired;

Provided further, That the Secretary of the Interior shall not make

any expenditures out of the pueblo funds resulting from the

appropriations set forth herein, or prior appropriations for the

same purpose, without first obtaining the approval of the governing

authorities of the pueblo affected: And provided further, That the

governing authorities of any pueblo may initiate matters pertaining

to the purchase of lands in behalf of their respective pueblos,

which matters, or contracts relative thereto, will not be binding

or concluded until approved by the Secretary of the Interior.

"Sec. 6. Nothing in this Act shall be construed to prevent any

pueblo from prosecuting independent suits as authorized under

section 4 of the Act of June 7, 1924. The Secretary of the Interior

is authorized to enter into contract with the several Pueblo Indian

tribes, affected by the terms of this Act, in consideration of the

authorization of appropriations contained in section 2 hereof,

providing for the dismissal of pending and the abandonment of

contemplated original proceedings, in law or equity, by, or in

behalf of said Pueblo Indian tribes, under the provisions of

section 4 of the Act of June 7, 1924, (43 Stat. L. 636), and the

pueblo concerned may elect to accept the appropriations herein

authorized, in the sums herein set forth, in full discharge of all

claims to compensation under the terms of said Act, notifying the

Secretary of the Interior in writing of its election so to do:

Provided, That if said election by said pueblo be not made, said

pueblo shall have one year from the date of this approval of the

Act within which to file any independent suit authorized under

section 4 of the Act of June 7, 1924, at the expiration of which

period the right to file such suit shall expire by limitation: And

provided further, That no ejectment suits shall be filed against

non-Indians entitled to compensation under this Act, in less than

six months after the sums herein authorized are appropriated.

"Sec. 8. The attorney or attorneys for such Indian tribe or

tribes shall be paid such fee as may be agreed upon by such

attorney or attorneys and such Indian tribe or tribes, but in no

case shall the fee be more than 10 per centum of the sum herein

authorized to be appropriated for the benefit of such tribe or

tribes, and such attorney's fees shall be disbursed by the

Secretary of the Interior in accordance herewith out of any funds

appropriated for said Indian tribe or tribes under the provisions

of the Act of June 7, 1924 (43 Stat. L. 636), or this Act: Provided

however, That 25 per centum of the amount agreed upon as attorneys'

fees shall be retained by the Secretary of the Interior to be

disbursed by him under the terms of the contract, subject to

approval of the Secretary of the Interior, between said attorneys

and said Indian tribes, providing for further services and expenses

of said attorneys in furtherance of the objects set forth in

section 19 of the Act of June 7, 1924.

"Sec. 9. Nothing herein contained shall in any manner be

construed to deprive any of the Pueblo Indians of a prior right to

the use of water from streams running through or bordering on their

respective pueblos for domestic, stock-water, and irrigation

purposes for the lands remaining in Indian ownership, and such

water rights shall not be subject to loss by nonuse or abandonment

thereof as long as title to said lands shall remain in the

Indians."

Act June 7, 1924, ch. 331, 43 Stat. 636, as amended by act May

31, 1933, ch. 45, Sec. 7, 48 Stat. 111, provided:

"That in order to quiet title to various lots, parcels, and

tracts of land in the State of New Mexico for which claim shall be

made by or on behalf of the Pueblo Indians of said State as

hereinafter provided, the United States of America, in its

sovereign capacity as guardian of said Pueblo Indians shall, by its

Attorney General, file in the District Court of the United States

for the District of New Mexico, its bill or bills of complaint with

a prayer for discovery of the nature of any claim or claims of any

kind whatsoever adverse to the claim of said Pueblo Indians, as

hereinafter determined.

"Sec. 2. That there shall be, and hereby is, established a board

to be known as 'Pueblo Lands Board' to consist of the Secretary of

the Interior, the Attorney General, each of whom may act through an

assistant in all hearings, investigations, and deliberations in New

Mexico, and a third member to be appointed by the President of the

United States. The board shall be provided with suitable quarters

in the city of Santa Fe&233;, New Mexico, and shall have power to

require the presence of witnesses and the production of documents

by subpoena, to employ a clerk who shall be empowered to administer

oaths and take acknowledgments, shall employ such clerical

assistance, interpreters, and stenographers with such compensation

as the Attorney General shall deem adequate, and it shall be

provided with such necessary supplies and equipment as it may

require on requisitions to the Department of Justice. The

compensation and allowance for travel and expenses of the member

appointed by the President shall be fixed by the Attorney General.

"It shall be the duty of said board to investigate, determine,

and report and set forth by metes and bounds, illustrated where

necessary by field notes and plats, the lands within the exterior

boundaries of any land granted or confirmed to the Pueblo Indians

of New Mexico by any authority of the United States of America, or

any prior sovereignty, or acquired by said Indians as a community

by purchase or otherwise, title to which the said board shall find

not to have been extinguished in accordance with the provisions of

this Act, and the board shall not include in their report any

claims of non-Indian claimants who, in the opinion of said board

after investigation, hold and occupy such claims of which they have

had adverse possession, in accordance with the provisions of

section 4 of this Act: Provided, however, That the board shall be

unanimous in all decisions whereby it shall be determined that the

Indian title has been extinguished.

"The board shall report upon each pueblo as a separate unit and

upon the completion of each report one copy shall be filed with the

United States District Court for the District of New Mexico, one

with the Attorney General of the United States, one with the

Secretary of the Interior, and one with the Board of Indian

Commissioners.

"Sec. 3. That upon the filing of each report by the said board,

the Attorney General shall forthwith cause to be filed in the

United States District Court for the District of New Mexico, as

provided in section 1 of this Act, a suit to quiet title to the

lands described in said report as Indian lands the Indian title to

which is determined by said report not to have been extinguished.

"Sec. 4. That all persons claiming title to, or ownership of, any

lands involved in any such suit, or suits, may in addition to any

other legal or equitable defenses which they may have or have had

under the laws of the Territory and State of New Mexico, plead

limitation of action, as follows, to wit:

"(a) That in themselves, their ancestors, grantors, privies, or

predecessors in interest or claim of interest, they have had open,

notorious, actual, exclusive, continuous, adverse possession of the

premises claimed, under color of title from the 6th day of January,

1902, to the date of the passage of this Act, and have paid the

taxes lawfully assessed and levied thereon to the extent required

by the statutes of limitation, or adverse possession of the

Territory or of the State of New Mexico, since the 6th day of

January, 1902, to the date of the passage of this Act, except where

the claimant was exempted or entitled to be exempted from such tax

payment.

"(b) That in themselves, their ancestors, grantors, privies, or

predecessors in interest or claim of interest, they have had open,

notorious, actual, exclusive, continuous, adverse possession of the

premises claimed with claim of ownership, but without color of

title from the 16th day of March, 1889, to the date of the passage

of this Act, and have paid the taxes lawfully assessed and levied

thereon to the extent required by the statutes of limitation or

adverse possession of the Territory or of the State of New Mexico,

from the 16th day of March, 1899, to the date of the passage of

this Act, except where the claimant was exempted or entitled to be

exempted from such tax payment.

"Nothing in this Act contained shall be construed to impair or

destroy any existing right of the Pueblo Indians of New Mexico to

assert and maintain unaffected by the provisions of this Act their

title and right to any land by original proceedings, either in law

or equity, in any court of competent jurisdiction and any such

right may be asserted at any time prior to the filing of the field

notes and plats as provided in section 13 hereof, and jurisdiction

with respect to any such original proceedings is hereby conferred

upon the United States District Court for the District of New

Mexico with right of review as in other cases: Provided, however,

That any contract entered into with any attorney or attorneys by

the Pueblo Indians of New Mexico, to carry on such litigation shall

be subject to and in accordance with existing laws of the United

States.

"Sec. 5. The plea of such limitations, successfully maintained,

shall entitle the claimants so pleading to a decree in favor of

them, their heirs, executors, successors, and assigns for the

premises so claimed by them, respectively, or so much thereof as

may be established, which shall have the effect of a deed of

quitclaim as against the United States and said Indians, and a

decree in favor of claimants upon any other ground shall have a

like effect.

"The United States may plead in favor of the pueblo, or any

individual Indian thereof, as the case might be, the said

limitations hereinbefore defined.

"Sec. 6. It shall be the further duty of the board to separately

report in respect of each such pueblo -

"(a) The area and character of any tract or tracts of land within

the exterior boundaries of any land granted or confirmed to the

Pueblo Indians of New Mexico and the extent, source, and character

of any water right appurtenant thereto in possession of non-Indian

claimants at the time of filing such report, which are not claimed

for said Indians by any report of the board.

"(b) Whether or not such tract or tracts of land or such water

rights could be or could have been at any time recovered for said

Indians by the United States by seasonable prosecution of any right

of the United States or of said Indians. Seasonable prosecution is

defined to mean prosecution by the United States within the same

period of time as that within which suits to recover real property

could have been brought under the limitation statutes of the

Territory and State of New Mexico.

"(c) The fair market value of said water rights and of said tract

or tracts of land (exclusive of any improvements made therein or

placed thereon by non-Indian claimants) whenever the board shall

determine that such tract or tracts of land or such water rights

could be or could have been at any time recovered for said Indians

by the United States by seasonable prosecution of any right of the

United States or of said Indians, and the amount of loss, if any,

suffered by said Indians through failure of the United States

seasonably to prosecute any such right.

"The United States shall be liable, and the board shall award

compensation, to the pueblo within the exterior boundaries of whose

lands such tract or tracts of land shall be situated or to which

such water rights shall have been appurtenant to the extent of any

loss suffered by said Indians through failure of the United States

seasonably to prosecute any right of the United States or of said

Indians, subject to review as herein provided. Such report and

award shall have the force and effect of a judicial finding and

final judgment upon the question and amount of compensation due to

the Pueblo Indians from the United States for such losses. Such

report shall be filed simultaneously with and in like manner as the

reports hereinbefore provided to be made and filed in section 2 of

this Act.

"At any time within sixty days after the filing of said report

with the United States District Court for the District of New

Mexico as herein provided the United States or any pueblo or

Indians concerned therein or affected thereby may, in respect of

any report upon liability or of any finding of amount or award of

compensation set forth in such report, petition said court for

judicial review of said report, specifying the portions thereof in

which review is desired. Said court shall thereupon have

jurisdiction to review, and shall review, such report, finding, or

award in like manner as in the case of proceedings in equity. In

any such proceeding the report of the board shall be prima facie

evidence of the facts, the values, and the liability therein set

forth, subject, however, to be rebutted by competent evidence. Any

party in interest may offer evidence in support or in opposition to

the findings in said report in any respect. Said court shall after

hearing render its decision so soon as practicable, confirming,

modifying, or rejecting said report or any part thereof. At any

time within thirty days after such decision is rendered said court

shall, upon petition of any party aggrieved, certify the portions

of such report, review of which has been sought, together with the

record in connection therewith, to the United States Circuit Court

of Appeals for the Eighth Circuit, which shall have jurisdiction to

consider, review, and decide all questions arising upon such report

and record in like manner as in the case of appeals in equity, and

its decision thereon shall be final.

"Petition for review of any specific finding or award of

compensation in any report shall not affect the finality of any

findings nor delay the payment of any award set forth in such

report, review of which shall not have been so sought, nor in any

proceeding for review in any court under the provisions of this

section shall costs be awarded against any party.

"Sec. 7. It shall be the further duty of the board to

investigate, ascertain, and report to the Secretary of the Interior

who shall report to the Congress of the United States, together

with his recommendation, the fair market value of lands,

improvements appurtenant thereto, and water rights of non-Indian

claimants who, in person or through their predecessors in title

prior to January 6, 1912, in good faith and for a valuable

consideration purchased and entered upon Indian lands under a claim

of right based upon a deed or document purporting to convey title

to the land claimed or upon a grant, or license from the governing

body of a pueblo to said land, but fail to sustain such claim under

the provisions of this Act, together with a statement of the loss

in money value thereby suffered by such non-Indian claimants. Any

lands lying within the exterior boundaries of the pueblo of Nambe

land grant, which were conveyed to any holder or occupant thereof

or his predecessor or predecessors in interest by the governing

authorities of said pueblo, in writing, prior to January 6, 1912,

shall unless found by said board to have been obtained through

fraud or deception, be recognized as constituting valid claims by

said board and by said courts, and disposed of in such manner as

lands the Indian title to which has been determined to have been

extinguished pursuant to the provisions of this Act: Provided, That

nothing in this section contained with reference to the said Nambe

Pueblo Indians shall be construed as depriving the said Indians of

the right to impeach any such deed or conveyance for fraud or to

have mistakes therein corrected through a suit in behalf of said

pueblo or of an individual Indian under the provisions of this Act.

"Sec. 8. It shall be the further duty of the board to

investigate, ascertain, and report to the Secretary of the Interior

the area and the value of the lands and improvements appurtenant

thereto of non-Indian claimants within or adjacent to Pueblo Indian

settlements or towns in New Mexico, title to which in such

non-Indian claimants is valid and indefeasible, said report to

include a finding as to the benefit to the Indians in anywise of

the removal of such non-Indian claimants by purchase of their lands

and improvements and the transfer of the same to the Indians, and

the Secretary of the Interior shall report to Congress the facts

with his recommendations in the premises.

"Sec. 9. That all lands, the title to which is determined in said

suit or suits, shall, where necessary, be surveyed and mapped under

the direction of the Secretary of the Interior, at the expense of

the United States, but such survey shall be subject to the approval

of the judge of the United States District Court for the District

of New Mexico, and if approved by said judge shall be filed in said

court and become a part of the decree or decrees entered in said

district court.

"Sec. 10. That necessary costs in all original proceedings under

this Act, to be determined by the court, shall be taxed against the

United States and any party aggrieved by any final judgment or

decree shall have the right to a review thereof by appeal or writ

of error or other process, as in other cases, but upon such appeal

being taken each party shall pay his own costs.

"Sec. 11. That in the sense in which used in this Act the word

'purchase' shall be taken to mean the acquisition of community

lands by the Indians other than by grant or donation from a

sovereign.

"Sec. 12. That any person claiming any interest in the premises

involved but not impleaded in any such action may be made a party

defendant thereto or may intervene in such action, setting up his

claim in usual form.

"Sec. 13. That as to all lands within the exterior boundaries of

any lands granted or confirmed to the Pueblo Indians of New Mexico,

by any authority of the United States of America or any prior

sovereignty, or acquired by said Indians as a community by purchase

or otherwise and which have not been claimed for said Indians by

court proceedings then pending or the findings and report of the

board as herein provided, the Secretary of the Interior at any time

after two years after the filing of said reports of the board shall

file field notes and plat for each pueblo in the office of the

surveyor general of New Mexico at Santa Fe&233;, New Mexico,

showing the lands to which the Indian title has been extinguished

as in said report set out, but excluding therefrom lands claimed by

or for the Indians in court proceedings then pending, and copies of

said plat and field notes certified by the surveyor general of New

Mexico as true and correct copies shall be accepted in any court as

competent and conclusive evidence of the extinguishment of all the

right, title, and interest of the Indians in and to the lands so

described in said plat and field notes and of any claim of the

United States in or to the same. And the Secretary of the Interior

within thirty days after the Indians' right to bring independent

suits under this Act shall have expired, shall cause notice to be

published in some newspaper or newspapers of general circulation

issued, if any there be, in the county wherein lie such lands

claimed by non-Indian claimants, respectively, or wherein some part

of such lands are situated, otherwise in some newspaper or

newspapers of general circulation published nearest to such lands,

once a week for five consecutive weeks, setting forth as nearly as

may be the names of such non-Indian claimants of land holdings not

claimed by or for the Indians as herein provided, with a

description of such several holdings, as shown by a survey of

Pueblo Indian lands heretofore made under the direction of the

Secretary of the Interior and commonly known as the 'Joy Survey,'

or as may be otherwise shown or defined by authority of the

Secretary of the Interior, and requiring that any person or persons

claiming such described parcel or parcels of land or any part

thereof, adversely to the apparent claimant or claimants so named

as aforesaid, or their heirs of assigns, shall, on or before the

thirtieth day after the last publication of such notice, file his

or their adverse claim in the United States Land Office in the land

district wherein such parcel or parcels of land are situate, in the

nature of a contest, stating the character and basis of such

adverse claim, and notice of such contest shall be served upon the

claimant or claimants named in the said notice, in the same manner

as in cases of contest of homestead entries. If no such contest is

instituted as aforesaid, the Secretary of the Interior shall issue

to the claimant or claimants, or their heirs or assigns, a patent

or other certificate of title for the parcel or parcels of land so

described in said notice; but if a contest be filed it shall

proceed and be heard and decided as contests of homestead entries

are heard and decided under the rules and regulations of the

General Land Office pertinent thereto. Upon such contest either

party may claim the benefit of the provisions of section 4 of this

Act to the same extent as if he were a party to a suit to quiet

title brought under the provisions of this Act, and the successful

party shall receive a patent or certificate of title for the land

as to which he is successful in such proceeding. Any patent or

certificate of title issued under the provisions of this Act shall

have the effect only of a relinquishment by the United States of

America and the said Indians.

"If after such notice more than one person or group of persons

united in interest makes claim in such land office adverse to the

claimant or claimants named in the said notice, or to any other

person or group of persons who may have filed such contest, each

contestant shall be required to set forth the basis and nature of

his respective claim, and thereupon the said claims shall be heard

and decided as upon an original contest or intervention.

"And in all cases any person or persons whose right to a given

parcel or parcels of land has become fixed either by the action of

the said board or the said court or in such contest may apply to

the Commissioner of the General Land Office for a patent or

certificate of title and receive the same without cost or charge.

"Sec. 14. That if any non-Indian party to any such suit shall

assert against the Indian title a claim based upon a Spanish or

Mexican grant, and if the court should finally find that such claim

by the non-Indian is superior to that of the Indian claim, no final

decree or judgment of ouster of the said Indians shall be entered

or writ of possession or assistance shall be allowed against said

Indians, or any of them, or against the United States of America

acting in their behalf. In such case the court shall ascertain the

area and value of the land thus held by any non-Indian claimant

under such superior title, excluding therefrom the area and value

of lots or parcels of land the title to which has been found to be

in other persons under the provisions of this Act: Provided,

however, That any findings by the court under the provisions of

this section may be reviewed on appeal or writ of error at the

instance of any party aggrieved thereby, in the same manner, to the

same extent, and with like effect as if such findings were a final

judgment or decree. When such finding adverse to the Indian claim

has become final, the Secretary of the Interior shall report to

Congress the facts, including the area and value of the land so

adjudged against the Indian claim, with his recommendations in the

premises.

"Sec. 15. That when any claimant, other than the United States

for said Indians not covered by the report provided for in section

7 of this Act, fails to sustain his claim to any parcel of land

within any Pueblo Indian grant, purchase, or donation under

provisions of this Act, but has held and occupied any such parcel

in good faith, claiming the same as his own, and the same has been

improved, the value of the improvements upon the said parcel of

land shall be found by the court and reported by the Secretary of

the Interior to Congress, with his recommendations in the premises.

"Sec. 16. That if the Secretary of the Interior deems it to be

for the best interest of the Indians that any land adjudged by the

court or said Lands Board against any claimant be sold, he may,

with the consent of the governing authorities of the pueblo, order

the sale thereof, under such regulations as he may make, to the

highest bidder for cash; and if the buyer thereof be other than the

losing claimant, the purchase price shall be used in paying to such

losing claimant the adjudicated value of the improvements

aforesaid, if found under the provisions of section 15 hereof, and

the balance thereof, if any, shall be paid over to the proper

officer, or officers, of the Indian community, but if the buyer be

the losing claimant, and the value of his improvements has been

adjudicated as aforesaid, such buyer shall be entitled to have

credit upon his bid for the value of such improvements so

adjudicated.

"Sec. 17. No right, title, or interest in or to the lands of the

Pueblo Indians of New Mexico to which their title has not been

extinguished as hereinbefore determined shall hereafter be acquired

or initiated by virtue of the laws of the State of New Mexico, or

in any other manner except as may hereafter be provided by

Congress, and no sale, grant, lease of any character, or other

conveyance of lands, or any title or claim thereto, made by any

pueblo as a community, or any Pueblo Indian living in a community

of Pueblo Indians, in the State of New Mexico, shall be of any

validity in law or in equity unless the same be first approved by

the Secretary of the Interior.

"Sec. 18. That the pleading, practice, procedure, and rules of

evidence shall be the same in all causes arising under this Act as

in other civil causes in the Federal courts, except as otherwise

herein provided.

"Sec. 19. That all sums of money which may hereafter be

appropriated by the Congress of the United States for the purpose

of paying in whole or in part any liability found or decreed under

this Act from the United States to any pueblo or to any of the

Indians of any pueblo, shall be paid over to the Bureau of Indian

Affairs, which Bureau, under the direction of the Secretary of the

Interior, shall use such moneys at such times and in such amounts

as may seem wise and proper for the purpose of the purchase of

lands and water rights to replace those which have been lost to

said pueblo or to said Indians, or for purchase or construction of

reservoirs, irrigation works, or the making of other permanent

improvements upon, or for the benefit of lands held by said pueblo

or said Indians."

WHITE EARTH RESERVATION LAND SETTLEMENT

Pub. L. 99-264, Mar. 24, 1986, 100 Stat. 61, as amended by Pub.

L. 100-153, Sec. 6(a), (b), Nov. 5, 1987, 101 Stat. 887; Pub. L.

100-212, Sec. 4, Dec. 24, 1987, 101 Stat. 1443; Pub. L. 101-301,

Sec. 8, May 24, 1990, 104 Stat. 210; Pub. L. 102-572, title IX,

Sec. 902(b)(2), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 103-263,

Sec. 4, May 31, 1994, 108 Stat. 708, provided: "That this Act may

be cited as the 'White Earth Reservation Land Settlement Act of

1985'.

"Sec. 2. The Congress finds that -

"(1) claims on behalf of Indian allottees or heirs and the

White Earth Band involving substantial amounts of land within the

White Earth Indian Reservation in Minnesota are the subject of

existing and potential lawsuits involving many and diverse

interests in Minnesota, and are creating great hardship and

uncertainty for government, Indian communities, and non-Indian

communities;

"(2) the lawsuits and uncertainty will result in great expense

and expenditure of time, and could have a profound negative

impact on the social and well-being of everyone on the

reservation;

"(3) the White Earth Band of Chippewa Indians, State of

Minnesota, along with its political subdivisions, and other

interested parties have made diligent efforts to fashion a

settlement to these claims, and the Federal Government, by

providing the assistance specified in this Act, will make

possible the implementation of a permanent settlement with regard

to these claims;

"(4) past United States laws and policies have contributed to

the uncertainty surrounding the claims;

"(5) it is in the long-term interest of the United States,

State of Minnesota, White Earth Band, Indians, and non-Indians

for the United States to assist in the implementation of a fair

and equitable settlement of these claims; and

"(6) this Act will settle unresolved legal uncertainties

relating to these claims.

"Sec. 3. For purposes of this Act:

"(a) 'Allotment' shall mean an allocation of land on the White

Earth Reservation, Minnesota, granted, pursuant to the Act of

January 14, 1889 (25 Stat. 642), and the Act of February 8, 1887

(24 Stat. 388) [see Short Title note above], to a Chippewa Indian.

"(b) 'Allottee' shall mean the recipient of an allotment.

"(c) 'Full blood' shall mean a Chippewa Indian of the White Earth

Reservation, Minnesota, who was designated as a full blood Indian

on the roll approved by the United States District Court for the

District of Minnesota on October 1, 1920, or who was so designated

by a decree of a Federal court of competent jurisdiction; it shall

also refer to an individual who is not designated on said roll but

who is the biological child of two full blood parents so designated

on the roll or of one full blood parent so designated on the roll

and one parent who was an Indian enrolled in any other federally

recognized Indian tribe, band, or community.

"(d) 'Inherited' shall mean received as a result of testate or

intestate succession or any combination of testate or intestate

succession, which succession shall be determined by the Secretary

of the Interior or his authorized representative.

"(e) 'Mixed blood' shall mean a Chippewa Indian of the White

Earth Reservation, Minnesota, who was designated as a mixed blood

Indian on the roll approved by the United States District Court of

Minnesota on October 1, 1920, unless designated a full blood by

decree of a Federal court of competent jurisdiction; it shall also

refer to any descendants of an individual who was listed on said

roll providing the descendant was not a full blood under the

definition in subsection (c) of this section. The term 'mixed

blood' shall not include an Indian enrolled in any federally

recognized Indian tribe, band, or community other than the White

Earth Band.

"(f) 'Tax forfeited' shall mean an allotment which, pursuant to

State law, was declared forfeited for nonpayment of real property

taxes and purportedly transferred directly to the State of

Minnesota or to private parties or governmental entities.

"(g) 'Majority' shall mean the age of twenty-one years or older.

"(h) 'Secretary' shall mean the Secretary of the Interior or

his/or her authorized representative.

"(i) 'Trust period' shall mean the period during which the United

States held an allotment in trust for the allottee or the

allottee's heirs. For the purpose of this Act, the Executive Order

Numbered 4642 of May 5, 1927, Executive Order Numbered 5768 of

December 10, 1931, and Executive Order Numbered 5953 of November

23, 1932, shall be deemed to have extended trust periods on all

allotments or interests therein the trust periods for which would

otherwise have expired in 1927, 1932, or 1933, notwithstanding the

issuance of any fee patents for which there were no applications,

and if such allotments were not specifically exempted from the

Executive orders; and the Indian Reorganization Act of June 18,

1934 [see Short Title note set out under section 461 of this

title], shall be deemed to have extended indefinitely trust periods

on all allotments or interests therein the trust periods for which

would otherwise have expired on June 18, 1934, or at any time

thereafter. Said Executive orders and Act shall be deemed not to

have extended the trust period for allotments or interests which

were sold or mortgaged by adult mixed bloods, by non-Indians, or

with the approval of the Secretary, or for allotments or interests

which were sold or mortgaged by anyone where such sale or mortgage

was the subject of litigation in Federal court which proceeded to a

judgment on the merits and where the outcome of such litigation did

not vacate or void said sale or mortgage.

"(j) 'Interest', except where such item is used in conjunction

with 'compound', shall mean a fractional holding, less than the

whole, held in an allotment.

"(k) 'Adult' shall mean having attained the age of majority.

"(l) 'Heir' means a person who received or was entitled to

receive an allotment or interest as a result of testate or

intestate succession under applicable Federal or Minnesota law, or

one who is determined under section 9, by the application of the

inheritance laws of Minnesota in effect on March 26, 1986 (not

including laws relating to spousal allowance and maintenance

payments), to be entitled to receive compensation payable under

section 8.

"(m) 'Transfer' includes but is not limited to any voluntary or

involuntary sale, mortgage, tax forfeiture or conveyance pursuant

to State law; any transaction the purpose of which was to effect a

sale, mortgage, tax forfeiture or conveyance pursuant to State law;

any Act, event, or circumstance that resulted in a change of title

to, possession of, dominion over, or control of an allotment or

interest therein.

"Sec. 4. (a) The provisions of this Act shall apply to the

following allotments:

"(1) allotments which were never sold or mortgaged by the

allottees or by their heirs and which were tax forfeited during

the trust period;

"(2) allotments which were sold or mortgaged during the trust

period, without the approval of the Secretary, by the allottees

prior to having attained majority, and were never again sold or

mortgaged either by the allottees upon their having attained

majority or by heirs of the allottees;

"(3) allotments which were sold or mortgaged during the trust

period by full blood allottees without the approval of the

Secretary, and were never again the subject of a sale or mortgage

by heirs of the allottees; and

"(4) allotments which were never sold or mortgaged by the

allottees, but which subsequent to the deaths of the allottees,

purportedly were sold or mortgaged, during the trust period, by

administrators, executors, or representatives, operating under

authority from State courts, and were never again the subject of

a sale or mortgage by heirs of the allottees.

"(b) The provisions of this Act shall also apply to the following

allotments or interests in allotments:

"(1) allotments or interests which were inherited by full or

mixed bloods who never sold or mortgaged their allotments or

interests or by Indians enrolled in other federally recognized

Indian tribes, bands, or communities who never sold or mortgaged

their allotments or interests, where the allotments or interests

were tax forfeited during the trust period;

"(2) allotments or interests which were inherited by mixed

bloods under the age of majority and which were sold or mortgaged

during the trust period without the approval of the Secretary

prior to such mixed bloods having attained majority, but which

were never again sold or mortgaged by them upon having attained

majority or by their heirs;

"(3) allotments or interests which were inherited by full

bloods or by Indians enrolled in other federally recognized

Indian tribes, bands, or communities, who sold or mortgaged such

allotments or interests during the trust period without the

approval of the Secretary;

"(4) allotments or interests which were inherited by full or

mixed bloods who never sold or mortgaged their allotments or

interests, but which, subsequent to the deaths of such heirs,

were sold or mortgaged during the trust period by administrators,

operating under authority from State courts;

"(5) allotments or interests which were owned by allottees or

which were inherited by full or mixed bloods for whom guardians

were appointed by State courts, which guardians sold or mortgaged

the allotments or interests during the trust period without the

approval of the Secretary;

"(6) interests which were inherited by full or mixed bloods who

never sold or mortgaged their interests during the trust period,

even though other interests in the same allotment were sold by

other heirs where the land comprising the allotment has been

claimed in full by other parties adversely to the full or mixed

bloods who never sold or mortgaged their interests; and

"(7) allotments or interests which were inherited by full or

mixed bloods or by Indians enrolled in other federally recognized

Indian tribes, bands, or communities which were never sold or

mortgaged during the trust period but which were purportedly

distributed by State court probate proceedings to other

individuals.

"(c) This Act shall not apply to -

"(1) any allotment or interest the sale or mortgage of which

was the subject of litigation which proceeded to a judgment on

the merits in Federal courts and where the outcome of such

litigation was other than vacating and voiding such sale or

mortgage;

"(2) any allotment or interest which was tax forfeited

subsequent to the date on which the tax exemption was declared by

a Federal court to have expired;

"(3) any allotment or interest which was sold, mortgaged, or

tax forfeited after the expiration of the trust period; or

"(4) any allotment or interest which was sold or mortgaged at

any time by an adult mixed blood Indian.

Nothing in this Act is intended to question the validity of the

transactions relating to allotments or interests as described in

section 4(c), and such allotments and interests are declared to be

outside the scope of this Act.

"Sec. 5. (a) Any determination of the heirs of any person holding

an allotment or interest, made by the courts of the State of

Minnesota, which is filed with the proper county recording officer

prior to May 9, 1979, shall be deemed to have effectively

transferred the title of the decedent in the allotment or interest

to the heirs so determined unless a separate determination of heirs

has been made by the Secretary before the effective date of this

Act [Mar. 24, 1986] and such determination has been filed with the

proper county recording officer within six months after the

effective date of this Act. Nothing in this subsection shall be

construed to remove any allotment described in section 4 from the

compensation provided for in the Act.

"(b) The 'proper county recording officer', as that term is used

in subsection (a) of this section, shall be a county recorder,

registrar of titles, or probate court in Becker, Clearwater, or

Mahnomen Counties, Minnesota.

"(c) As to any allotment which was granted to an allottee who had

died prior to the selection date of the allotment, the granting of

such allotment is hereby ratified and confirmed, and shall be of

the same effect as if the allotment had been selected by the

allottee before the allottee's death: Provided, That the White

Earth Band of Chippewa Indians shall be compensated for such

allotments in the manner provided in sections 6, 7, and 8.

"(d) As to any allotment that was made under the provisions of

the Treaty of March 19, 1867 (16 Stat. 719), and which was

reallotted under the provisions of the Act of January 14, 1889 (25

Stat. 642), such reallotment is hereby ratified and confirmed.

"Sec. 6. (a) As soon as the conditions set forth in section 10 of

this Act have been met, the Secretary shall publish a certification

in the Federal Register that such conditions have been met. After

such publication, any allotment or interest which the Secretary, in

accordance with this Act, determines falls within the provisions of

section 4(a), 4(b), or 5(c), the tax forfeiture, sale, mortgage, or

other transfer, as described therein, shall be deemed to have been

made in accordance with the Constitution and all laws of the United

States specifically applicable to transfers of allotments or

interests held by the United States in trust for Indians, and

Congress hereby does approve and ratify any such transfer effective

as of the date of said transfer, subject to the provisions of

section 6(c). Compensation for loss of allotments or interests

resulting from this approval and ratification shall be determined

and processed according to the provisions of section 8.

"(b) By virtue of the approval and ratification of transfers of

allotments or interests therein effected by this section, all

claims against the United States, the State of Minnesota or any

subdivisions thereof, or any other person or entity, by the White

Earth Band, its members, or by any other Indian tribe or Indian, or

any successors in interest thereof, arising out of, and at the time

of or subsequent to, the transfers described in section 4(a), 4(b),

or 5(c) and based on any interest in or nontreaty rights involving

such allotments or interests therein, shall be deemed never to have

existed as of the date of the transfer, subject to the provisions

of this Act.

"(c) Notwithstanding any provision of law other than the

provisions of this section, any action in any court to recover

title or damages relating to transactions described in section

4(a), 4(b), 5(a) or 5(c), shall be forever barred unless the

complaint is filed not later than one hundred and eighty days

following enactment of this Act [Mar. 24, 1986], or prior to the

publication required by section 6(a) whichever occurs later in

time: Provided, That immediately upon the date of enactment of this

Act any such action on behalf of the White Earth Band of Chippewa

Indians shall be forever barred, unless the publication required by

section 6(a) does not take place within two years of the date of

enactment of this Act in which case the bar of any such action on

behalf of the White Earth Band of Chippewa Indians shall be deemed

lifted and nullified: Provided further, That the Secretary shall

not issue to the White Earth Band any report rejecting litigation

nor submit to Congress any legislation report pursuant to section

2415 of title 28, United States Code, relating to transactions

described in section 4(a), 4(b), 5(a) or 5(c) of this Act, until

and unless the bar against actions on behalf of the White Earth

Band is lifted and nullified. Any such action filed within the time

period allowed by this subsection shall not be barred; however, the

filing of any such action by an allottee, heir, or others entitled

to compensation under this Act shall bar such allottee, heir, or

others from receiving compensation pursuant to the provisions of

section 8. The United States District Court for the District of

Minnesota shall have exclusive jurisdiction over any such action

otherwise properly filed within the time allowed by this

subsection.

"(d) This section shall not bar an heir, allottee, or any other

person entitled to compensation under this Act from maintaining an

action, based on the transactions described in section 4(a), 4(b),

5(a), or 5(c), against the United States in the Court of Federal

Claims pursuant to the Tucker Act, section 1491 of title 28, United

States Code, challenging the constitutional adequacy of the

compensation provisions of section 8(a) as they apply to a

particular allotment or interest: Provided, That such action shall

be filed with the Court of Federal Claims not later than one

hundred and eighty days after the issuance of the notice of the

Secretary's compensation determination as provided in section 8(c).

If such an action is not filed within the

one-hundred-and-eighty-day period, it shall be forever barred. The

United States hereby waives any sovereign immunity defense it may

have to such an action but does not waive any other defenses it may

have to such action. The filing of an action by any heir, allottee,

or any other person under the provisions of this section shall bar

such person forever from receiving compensation pursuant to the

provisions of section 8.

"Sec. 7. (a) The Secretary is hereby authorized to and shall

diligently investigate to the maximum extent practicable all White

Earth allotments and shall determine which allotments or interest

fall within any of the provisions of section 4(a), 4(b), or 5(c).

As to all such allotments or interests determined to be within the

provisions of section 4(a), 4(b), or 5(c), the Secretary shall

prepare lists of such allotments or interests, which shall include

allotment number, land description, and allottee's name, in English

and Ojibway where available. A first list shall be published within

one hundred and eighty days after the date of enactment of this Act

[Mar. 24, 1986] in the Federal Register; in a newspaper of general

circulation in Mahnomen County, Minnesota; in a newspaper of

general circulation in Becker County, Minnesota; in a newspaper of

general circulation in Clearwater County, Minnesota; in one

newspaper of general circulation in metropolitan Minneapolis-Saint

Paul; and, in the Secretary's discretion, in any appropriate band

or tribal newspaper. Publication in the required newspapers shall

take place no later than thirty days after publication in the

Federal Register.

"(b) Any tribe, band, or group of Indians, or any individual

shall have one year after the date of publication in the Federal

Register to submit to the Secretary any additional allotments or

interests which the tribe, band, group, or individual believes

should fall within any of the provisions of section 4(a), 4(b), or

5(c). The Secretary, without such submissions, may also

independently determine that additional allotments or interests

fall within such provisions. Any additional allotments or interests

submitted to the Secretary shall be accompanied by a statement

identifying the allotment or interest and its land description and

summarizing the reasons why it should be added to the list required

by this section.

"(c) The Secretary shall determine which additional allotments or

interests fall within the provisions of section 4(a), 4(b), or

5(c), and not later than March 12, 1989, the Secretary shall

publish a second list in the Federal Register and previously

required newspapers of the allotments or interests the Secretary

has determined should be corrected or added to the first published

list.

"(d) Any determination made by the Secretary under this section

to include an allotment or interest on the first list required by

the section to be published in the Federal Register may be

judicially reviewed pursuant to the Administrative Procedure Act [5

U.S.C. 701 et seq.] not later than ninety days of the publication

date of the first list of the Federal Register. Any such action not

filed within such ninety-day period shall be forever barred. Any

determination made by the Secretary to include an allotment or

interest on the second list required by this section to be

published in the Federal Register, or any determination made by the

Secretary not to include an allotment or interest on such list, may

be judicially reviewed pursuant to the Administrative Procedure Act

within ninety days of the publication date of the second list in

the Federal Register. Any such action not filed within such

ninety-day period shall be forever barred. Exclusive jurisdiction

over actions under this subdivision is hereby vested in the United

States District Court for the District of Minnesota.

"(e)(1) After publication of the second list under subsection

(c), the Secretary may, at any time, add allotments or interests to

that second list if the Secretary determines that the additional

allotment or interest falls within the provisions of section 5(c)

or subsection (a) or (b) of section 4.

"(2) The Secretary shall publish in the Federal Register notice

of any additions made under paragraph (1) to the second list

published under subsection (c).

"(3) Any determination made by the Secretary to add an allotment

or interest under paragraph (1) to the second list published under

subsection (c) may be judicially reviewed in accordance with

chapter 7 of title 5, United States Code, within 90 days after the

date on which notice of such determination is published in the

Federal Register under paragraph (2). Any legal action challenging

such a determination that is not filed within such 90-day period

shall be forever barred. Exclusive jurisdiction over any legal

action challenging such a determination is vested in the United

States District Court for the District of Minnesota.

"(f)(1) The Secretary is authorized to make a one-time deletion

from the second list published under subsection (c) or any

subsequent list published under subsection (e) of any allotments or

interests which the Secretary has determined do not fall within the

provisions of subsection (a) or (b) of section 4, or subsection (c)

of section 5, or which the Secretary has determined were

erroneously included in such list by reason of misdescription or

typographical error.

"(2) The Secretary shall publish in the Federal Register notice

of deletions made from the second list published under subsection

(c) or any subsequent list published under subsection (e).

"(3) The determination made by the Secretary to delete an

allotment or interest under paragraph (1) may be judicially

reviewed in accordance with chapter 7 of title 5, United States

Code, within 90 days after the date on which notice of such

determination is published in the Federal Register under paragraph

(2). Any legal action challenging such a determination that is not

filed within such 90-day period shall be forever barred. Exclusive

jurisdiction over any legal action challenging such a determination

is vested in the United States District Court for the District of

Minnesota.

"Sec. 8. (a) Compensation for a loss of an allotment or interest

shall be the fair market value of the land interest therein as of

the date of tax forfeiture, sale, allotment, mortgage, or other

transfer described in section 4(a), 4(b), or 5(c), less any

compensation actually received, plus interest compounded annually

at 5 per centum from the date of said loss of an allotment or

interest until the date of enactment of this Act [Mar. 24, 1986],

and at the general rate of interest earned by United States

Department of the Interior funds thereafter. A determination of

compensation actually received shall be supported by Federal,

State, or local public documents filed contemporaneously with the

transaction or by clear and convincing evidence. Compensation

actually received shall not be subtracted from the fair market

value in any instance where an allotment or interest was sold or

mortgaged by a full or mixed blood, under the age of eighteen

years, or in any instance where there is prima facie evidence that

fraud occurred in a sale or mortgage. No compensation for loss of

an allotment or interest relating to transfers described in section

4(b) shall be granted to any person or the heirs of such person

where such allotment or interest was received pursuant to State

court probate proceedings and where also it has been or is

determined by the Secretary that such person or heirs were not

entitled to inherit the allotment or interest.

"(b) For the purpose of this section, the date of transfer

applicable to interests described in section 4(b)(6) shall be the

last date on which any interest in the subject allotment was

transferred by document of record by any other heir of the

allottee; and the date of transfer applicable to allotments

described in section 5(c) shall be the selection date. For purposes

of this section, the Secretary shall establish the fair market

value of various types of land for various years, which shall

govern the compensation payable under this section unless a

claimant demonstrates that a particular allotment or interest had a

value materially different from the value established by the

Secretary.

"(c) The Secretary shall provide written notice of the

Secretary's compensation determination to the allottees or heirs

entitled thereto. Such notice shall describe the basis for the

Secretary's determination, the applicable time limits for judicial

review of the determination, and the process whereby such

compensation will be distributed. The Secretary shall proceed to

make such heirship determinations as may be necessary to provide

the notice required by this section: Provided, That the Secretary

shall accept as conclusive evidence of heirship any determination

of the courts of the State of Minnesota as provided in section 5(a)

of this Act: Provided further, That the Secretary shall give

written notice only to those allottees or heirs whose addresses can

be ascertained by reasonable and diligent efforts; otherwise such

notice shall be given by publication in the Federal Register.

"(d) The Secretary's administrative determination of the

appropriate amount of compensation computed pursuant to the

provisions of this Act may be judicially reviewed pursuant to the

Administrative Procedure Act [5 U.S.C. 701 et seq.] not later than

one hundred and eighty days after the issuance of notice as

aforesaid; after such time the Secretary's determination shall be

conclusive and all judicial review shall be barred. Exclusive

jurisdiction over any such action is hereby vested in the United

States District Court for the District of Minnesota.

"(e) Once a compensation determination has become conclusive

according to the provisions of subsection (d), the Secretary shall

certify such determination to the Secretary of the Treasury and

such conclusive determination shall be treated as a final judgment,

award or, compromise settlement under the provisions of title 31,

United States Code, section 1304. The Secretary of the Treasury is

authorized and directed to pay out of the funds in the Treasury

into a separate interest bearing White Earth Settlement Fund

account the amount certified by the Secretary of the Interior in

each case. The Secretary of the Interior shall then make a diligent

effort to locate each allottee or heir; however, if, after two

years from the date on which a determination becomes conclusive an

allottee or heir cannot be located, the Secretary of the Interior

shall declare the amount owing to such allottee or heir forfeited.

"(f) Any and all amounts forfeited pursuant to subsection (e)

together with the interest accumulated thereon, pursuant to section

8 shall be transferred annually to the fund established under

section 12 for the White Earth Band.

"Sec. 9. The Secretary shall determine the heirs, if heretofore

undetermined, or modify the inventory of an existing heirship

determination of any full or mixed blood or Indian enrolled in any

other federally recognized Indian tribe, band, or community, where

appropriate for the purposes of this Act: Provided, That the

Secretary shall accept any determination of heirship by the courts

of the State of Minnesota as provided in section 5(a) of this Act.

"Sec. 10. (a) The provisions of section 6 of this Act shall take

effect upon the publication in the Federal Register by the

Secretary of certification that the following conditions have been

satisfied:

"(1) The State of Minnesota, in accordance with Laws of

Minnesota 1984, chapter 539, has entered into an agreement with

the Secretary providing for the transfer of ten thousand acres of

land within the exterior boundaries of the White Earth

Reservation to the United States to hold in trust for the White

Earth Band of Chippewa Indians as the State's contribution to the

settlement provided for by this Act. The Secretary shall not

enter into such an agreement until the Secretary determines, or

the authorized governing body of the band certifies to the

Secretary in writing, that the agreement will result in the

transfer of ten thousand acres which possess reasonable value for

the White Earth Band, including but not limited to value for

agricultural, recreational, forestry, commercial, residential,

industrial, or general land consolidation purposes. The land

transferred pursuant to this subsection shall be accepted by the

United States subject to all existing accesses, roads, easements,

rights of way, or similar uses unless the Governor and Attorney

General of the State of Minnesota certify in writing to the

Secretary the State's intent to abandon such uses on a particular

parcel.

"(2) The State, in accordance with the Laws of Minnesota 1984,

chapter 539, has appropriated $500,000 for the purpose of

providing the United States with technical and computer

assistance for implementing the settlement provided for in this

Act.

"(3) The United States has appropriated $6,600,000 for economic

development for the benefit of the White Earth Band of Chippewa

Indians.

"(b) Upon final acceptance by the Secretary, the land referred to

in subsection (a)(1) shall be deemed to have been reserved as of

the date of the establishment of the White Earth Reservation and to

be part of the trust land of the White Earth Reservation for all

purposes.

"Sec. 11. Nothing in this Act is intended to alter the

jurisdiction currently possessed by the White Earth Band of

Chippewa Indians, the State of Minnesota, or the United States over

Indians or non-Indians within the exterior boundaries of the White

Earth Reservation.

"Sec. 12. (a) There is established in the Treasury of the United

States a fund to be known as the White Earth Economic Development

and Tribal Government Fund. Money in this Fund shall be held in

trust by the United States for the White Earth Band of Chippewa

Indians, and shall be invested and managed by the Secretary in the

same manner as tribal trust funds pursuant to the Act of June 24,

1938 (25 U.S.C. 162a).

"(b) The White Earth Economic Development and Tribal Government

Fund shall consist of -

"(1) money received by the White Earth Band as compensation

pursuant to section 8; and

"(2) money received by the White Earth Band as a result of

amounts forfeited pursuant to section 8(f); and

"(3) money received as an appropriation pursuant to section 15;

and

"(4) income accruing on such sums.

Income accruing to the White Earth Economic Development and Tribal

Government Fund shall, without further appropriation, be available

for expenditure as provided in subsection (c).

"(c) Income from the fund may be used by the authorized governing

body of the band for band administration. Principal and income may

be used by the authorized governing body of the band for economic

development, land acquisition, and investments: Provided, however,

That under no circumstances shall any portion of the moneys

described in subsection (b) be used for per capita payments to any

members of the band: Provided further, That none of the funds

described in subsection (b) shall be expended by the governing body

of the band until -

"(1) such body has adopted a band financial ordinance and

investment plan for the use of such funds; and

"(2) such body has submitted to the Secretary a waiver of

liability on the part of the United States for any loss resulting

from the use of such funds; and

"(3) the Secretary has approved the band financial ordinance

and investment plan. The Secretary shall approve or reject in

writing such ordinance and plan within sixty days of the date it

is mailed or otherwise submitted to him: Provided, That such

ordinance and plan shall be deemed approved if, sixty days after

submission, the Secretary has not so approved or rejected it. The

Secretary shall approve the ordinance and plan if it adequately

contains the element specified in this subsection.

"Sec. 13. Notwithstanding any other law to the contrary, the

United States grants its permission to the State of Minnesota to

transfer land to the White Earth Band as described in section

10(a)(1) which prior to the date of enactment of this Act [Mar. 24,

1986] may have been obtained by the State pursuant to other Federal

law or with Federal assistance. Any restrictions or conditions

imposed by any other Federal law or regulation on the transfer of

such land are hereby waived and removed.

"Sec. 14. Not later than five years, or as soon as possible,

after the date of enactment of this Act [Mar. 24, 1986], the

Secretary shall make all determinations, provide all notices, and

complete the administrative work necessary to accomplish the

objectives of this Act. The Secretary shall give priority in making

compensation determinations and payments under this Act to original

allottees and elderly heirs. The Secretary shall submit a report by

January 1 of each year to the chairman of the House of

Representatives Committee on Interior and Insular Affairs [now

Committee on Natural Resources] and the chairman of the Senate

Committee on Indian Affairs, which report shall summarize the

administrative progress to date and shall estimate the amount and

nature of work left to be done.

"Sec. 15. There are hereby authorized to be appropriated to the

White Earth Band $6,600,000 as a grant to be expended as provided

in section 12.

"Sec. 16. None of the moneys which are distributed under this Act

shall be subject to Federal or State income taxes or be considered

as income or resources in determining eligibility for or the amount

of assistance under the Social Security Act [42 U.S.C. 301 et seq.]

or any other federally assisted program.

"Sec. 17. The Secretary is authorized, if so requested by the

authorized governing body of the White Earth Band, to exchange any

of the land which is transferred to the United States as described

in section 10(a)(1) for any other land within the exterior

boundaries of the White Earth Reservation which is owned by the

United States, the State of Minnesota, or any of the State's

political subdivisions. Nothing in this section shall be deemed to

require an exchange not agreed to by all parties to the exchange.

"Sec. 18. Any lands acquired by the White Earth Band within the

exterior boundaries of the White Earth Reservation with funds

referred to in section 12, or by the Secretary pursuant to section

17, shall be held in trust by the United States. Such lands shall

be deemed to have been reserved from the date of the establishment

of said reservation and to be part of the trust land of the White

Earth Band for all purposes."

WINNEBAGO RESERVATION, NEBRASKA

Act Mar. 3, 1925, ch. 431, 43 Stat. 1114, provided: "That the

Secretary of the Interior be, and he is hereby, authorized in his

discretion, to cancel any restricted fee patents that have been

issued to Indians of the Winnebago Reservation in Nebraska, under

the provisions of the Act of Congress of February 21, 1863 (Twelfth

Statutes at Large, page 658), and to issue in lieu thereof, to the

original allottees, or heirs, trust patents of the form and subject

to all the provisions set out in the general allotment act of

February 8, 1887 (Twenty-fourth Statutes at Large, page 388), as

amended: Provided, That the trust period shall be ten years from

the date of issuance of the lieu trust patents."

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

The Indian General Allotment Act is referred to in sections 334,

335, 339, 340, 341, 342, 348, 349, 350, 352b, 354, 358 of this

title; title 43 section 1617.

-End-

-CITE-

25 USC Secs. 332, 333 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Secs. 332, 333. Repealed. Pub. L. 106-462, title I, Sec. 106(a)(1),

Nov. 7, 2000, 114 Stat. 2007

-MISC1-

Section 332, act Feb. 8, 1887, ch. 119, Sec. 2, 24 Stat. 388,

related to selection of allotments.

Section 333, acts Feb. 8, 1887, ch. 119, Sec. 3, 24 Stat. 389;

June 25, 1910, ch. 431, Sec. 9, 36 Stat. 858; 1946 Reorg. Plan No.

3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100,

related to making of allotments by agents.

-End-

-CITE-

25 USC Sec. 334 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 334. Allotments to Indians not residing on reservations

-STATUTE-

Where any Indian not residing upon a reservation, or for whose

tribe no reservation has been provided by treaty, act of Congress,

or executive order, shall make settlement upon any surveyed or

unsurveyed lands of the United States not otherwise appropriated,

he or she shall be entitled, upon application to the local land

office for the district in which the lands are located, to have the

same allotted to him or her, and to his or her children, in

quantities and manner as provided in this act for Indians residing

upon reservations; and when such settlement is made upon unsurveyed

lands the grant to such Indians shall be adjusted upon the survey

of the lands so as to conform thereto; and patents shall be issued

to them for such lands in the manner and with the restrictions as

provided in sections 348 and 349 of this title. And the fees to

which the officers of such local land office would have been

entitled had such lands been entered under the general laws for the

disposition of the public lands shall be paid to them, from any

moneys in the Treasury of the United States not otherwise

appropriated, upon a statement of an account in their behalf for

such fees by the Secretary of the Interior or such officer as he

may designate, and a certification of such account to the Secretary

of the Treasury by the Secretary of the Interior.

-SOURCE-

(Feb. 8, 1887, ch. 119, Sec. 4, 24 Stat. 389; 1946 Reorg. Plan No.

3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-REFTEXT-

REFERENCES IN TEXT

This act, referred to in text, is act Feb. 8, 1887, ch. 119, 24

Stat. 388, as amended, 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.

The words "provided in sections 348 and 349 of this title",

referred to in text, were in the original "as herein provided".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Secs. 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.

"Secretary of the Interior or such officer as he may designate"

substituted in text for "Commissioner of the General Land Office"

on authority of Reorg. Plan No. 3 of 1946, set out in the Appendix

to Title 5.

-MISC1-

PERMANENT APPROPRIATION; REPEALS

Effective July 1, 1935, the permanent appropriation provided for

in the last sentence of this section was repealed by act June 26,

1934, ch. 756, Sec. 1, 48 Stat. 1225.

-End-

-CITE-

25 USC Sec. 335 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 335. Extension of provisions as to allotments

-STATUTE-

Unless otherwise specifically provided, the provisions of the Act

of February 8, 1887 (Twenty-fourth Statutes at Large, page 388), as

amended, are extended to all lands heretofore purchased or which

may be purchased by authority of Congress for the use or benefit of

any individual Indian or band or tribe of Indians.

-SOURCE-

(Feb. 14, 1923, ch. 76, 42 Stat. 1246.)

-REFTEXT-

REFERENCES IN TEXT

Act of February 8, 1887, referred to in text, 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.

-End-

-CITE-

25 USC Sec. 336 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 336. Allotments to Indians making settlement

-STATUTE-

Where any Indian entitled to allotment under existing laws shall

make settlement upon any surveyed or unsurveyed lands of the United

States not otherwise appropriated, he or she shall be entitled,

upon application to the local land office for the district in which

the lands are located, to have the same allotted to him or her and

to his or her children in manner as provided by law for allotments

to Indians residing upon reservations, and such allotments to

Indians on the public domain as herein provided shall be made in

such areas as the President may deem proper, not to exceed,

however, forty acres of irrigable land or eighty acres of

nonirrigable agricultural land or one hundred sixty acres of

nonirrigable grazing land to any one Indian; and when such

settlement is made upon unsurveyed lands the grant to such Indians

shall be adjusted upon the survey of the lands so as to conform

thereto, and patent shall be issued to them for such lands in the

manner and with the restrictions provided in sections 348 and 349

of this title. And the fees to which the officers of such local

land office would have been entitled had such lands been entered

under the general laws for the disposition of the public lands

shall be paid to them from any moneys in the Treasury of the United

States not otherwise appropriated, upon a statement of an account

in their behalf for such fees by the Secretary of the Interior or

such officer as he may designate, and a certification of such

account to the Secretary of the Treasury by the Secretary of the

Interior.

-SOURCE-

(Feb. 28, 1891, ch. 383, Sec. 4, 26 Stat. 795; June 25, 1910, ch.

431, Sec. 17, 36 Stat. 860; 1946 Reorg. Plan No. 3, Sec. 403, eff.

July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-REFTEXT-

REFERENCES IN TEXT

Words "restrictions provided in sections 348 and 349 of this

title", referred to in text, were in the original "restrictions

provided in the Act of which this is amendatory". That Act is act

Feb. 8, 1887 (24 Stat. 388), popularly known as the Indian General

Allotment Act. For classification of that Act to the Code, see

Short Title note set out under section 331 of this title and

Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Secs. 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.

"Secretary of the Interior or such officer as he may designate"

substituted in text for "Commissioner of the General Land Office"

on authority of Reorg. Plan No. 3 of 1946, set out in the Appendix

to Title 5.

-MISC1-

PERMANENT APPROPRIATION; REPEALS

Effective July 1, 1935, the permanent appropriation provided for

in the last sentence of this section was repealed by act June 26,

1934, ch. 756, Sec. 1, 48 Stat. 1225.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 353, 371, 406, 564h, 697,

747, 797, 843 of this title.

-End-

-CITE-

25 USC Sec. 337 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 337. Allotments in national forests

-STATUTE-

The Secretary of the Interior is authorized, in his discretion,

to make allotments within the national forests in conformity with

the general allotment laws, to any Indian occupying, living on, or

having improvements on land included within any such national

forest who is not entitled to an allotment on any existing Indian

reservation, or for whose tribe no reservation has been provided,

or whose reservation was not sufficient to afford an allotment to

each member thereof. All applications for allotments under the

provisions of this section shall be submitted to the Secretary of

Agriculture who shall determine whether the lands applied for are

more valuable for agricultural or grazing purposes than for the

timber found thereon; and if it be found that the lands applied for

are more valuable for agricultural or grazing purposes, then the

Secretary of the Interior shall cause allotment to be made as

herein provided.

-SOURCE-

(June 25, 1910, ch. 431, Sec. 31, 36 Stat. 863.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 353, 406, 564h, 697, 747

of this title; title 43 section 1617.

-End-

-CITE-

25 USC Sec. 337a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 337a. Repealed. Pub. L. 94-579, title VII, Sec. 702, Oct. 21,

1976, 90 Stat. 2787

-MISC1-

Section, act Mar. 1, 1933, ch. 160, Sec. 1, 47 Stat. 1418,

related to Indian allotments in San Juan County, Utah.

EFFECTIVE DATE OF REPEAL

Section 702 of Pub. L. 94-579 provided that this section is

repealed effective on and after Oct. 21, 1976, except such

effective date to be on and after the tenth anniversary of the date

of approval of this Act, Oct. 21, 1976, insofar as the homestead

laws apply to public lands in Alaska.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

section 701 of Pub. L. 94-579, title VII, Oct. 21, 1976, 90 Stat.

2786, set out as a note under section 1701 of Title 43, Public

Lands.

-End-

-CITE-

25 USC Sec. 338 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 338. Repealed. May 29, 1928, ch. 901, Sec. 1(64), 45 Stat. 991

-MISC1-

Section, act Apr. 4, 1910, ch. 140, Sec. 1, 36 Stat. 270,

required Secretary of the Interior to submit to Congress a cost

account of survey and allotment work.

-End-

-CITE-

25 USC Sec. 339 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 339. Tribes excepted from certain provisions

-STATUTE-

The provisions of this act shall not extend to the territory

occupied by the Cherokees, Creeks, Choctaws, Chickasaws, Seminoles,

and Osage, Miamies and Peorias, and Sacs and Foxes, in Oklahoma,

nor to any of the reservations of the 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.

-SOURCE-

(Feb. 8, 1887, ch. 119, Sec. 8, 24 Stat. 391.)

-REFTEXT-

REFERENCES IN TEXT

This act, referred to in text, is act Feb. 8, 1887, ch. 119, 24

Stat. 388, as amended, 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.

-MISC1-

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, Sec. 5, 26 Stat. 796.

-End-

-CITE-

25 USC Sec. 340 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 340. Extension of certain provisions

-STATUTE-

The provisions of the Act of February 8, 1887, are declared to

extend to and are made applicable to the Confederated Wea, Peoria,

Kaskaskia, and Piankeshaw tribes of Indians, and the Western Miami

tribe of Indians, located in the northeastern 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.

-SOURCE-

(Mar. 2, 1889, ch. 422, Sec. 1, 25 Stat. 1013.)

-REFTEXT-

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 Indians on the various reservations, and to

extend the protection of the laws of the United States and the

Territories 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.

-End-

-CITE-

25 USC Sec. 341 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 341. Power to grant rights-of-way not affected

-STATUTE-

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 public use, or to condemn

such lands to public uses, upon making just compensation.

-SOURCE-

(Feb. 8, 1887, ch. 119, Sec. 10, 24 Stat. 391.)

-REFTEXT-

REFERENCES IN TEXT

This act, referred to in text, is act Feb. 8, 1887, ch. 119, 24

Stat. 388, as amended, 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.

-End-

-CITE-

25 USC Sec. 342 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 342. Removal of Southern Utes to new reservation

-STATUTE-

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 members of said tribe.

-SOURCE-

(Feb. 8, 1887, ch. 119, Sec. 11, 24 Stat. 391.)

-REFTEXT-

REFERENCES IN TEXT

This act, referred to in text, is act Feb. 8, 1887, ch. 119, 24

Stat. 388, as amended, 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.

-End-

-CITE-

25 USC Sec. 343 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 343. Correction of errors in allotments and patents

-STATUTE-

In all cases where it shall appear that a double allotment of

land has been wrongfully or erroneously 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 description of the land

inserted in any patent, said Secretary 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 erroneously 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 cancellation 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 cancellation: 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 allotment, shall be subject to cancellation without

authority of Congress.

-SOURCE-

(Jan. 26, 1895, ch. 50, 28 Stat. 641; Apr. 23, 1904, ch. 1489, 33

Stat. 297; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11

F.R. 7876, 60 Stat. 1100.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Secs. 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.

-End-

-CITE-

25 USC Sec. 344 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 344. Cancellation of allotment of unsuitable land

-STATUTE-

If any Indian of a tribe whose surplus lands have been ceded or

opened to disposal has received an allotment embracing lands

unsuitable for allotment purposes, such allotment may be canceled

and other unappropriated, unoccupied, and unreserved land of equal

area, within the ceded portions of the reservation upon which such

Indian belongs, allotted to him upon the same terms and with the

same restrictions as the original allotment, and lands described in

any such canceled allotment shall be disposed of as other ceded

lands of such reservation. This provision shall not apply to the

lands formerly comprising Indian Territory. The Secretary of the

Interior is authorized to prescribe rules and regulations to carry

this law into effect.

-SOURCE-

(Mar. 3, 1909, ch. 263, 35 Stat. 784.)

-End-

-CITE-

25 USC Sec. 344a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 344a. Repealed. Act Nov. 24, 1942, ch. 640, Sec. 4, 56 Stat.

1022

-MISC1-

Section, act June 25, 1910, ch. 431, Sec. 12, 36 Stat. 858,

authorized Secretary of the Interior to investigate the allotment

in the name of a deceased Indian and to recommend to Congress the

cancellation of such Indian's patent if he died without heirs.

-End-

-CITE-

25 USC Sec. 345 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 345. Actions for allotments

-STATUTE-

All persons who are in whole or in part of Indian blood or

descent who are entitled to an allotment of land under any law of

Congress, or who claim to be so entitled to land under any

allotment Act or under any grant made by Congress, or who claim to

have been unlawfully denied or excluded from any allotment or any

parcel of land to which they claim to be lawfully entitled by

virtue of any Act of Congress, may commence and prosecute or defend

any action, suit, or proceeding in relation to their right thereto

in the proper district court of the United States; and said

district courts are given jurisdiction to try and determine any

action, suit, or proceeding arising within their respective

jurisdictions involving the right of any person, in whole or in

part of Indian blood or descent, to any allotment of land under any

law or treaty (and in said suit the parties thereto shall be the

claimant as plaintiff and the United States as party defendant);

and the judgment or decree of any such court in favor of any

claimant to an allotment of land shall have the same effect, when

properly certified to the Secretary of the Interior, as if such

allotment had been allowed and approved by him, but this provision

shall not apply to any lands now held by either of the Five

Civilized Tribes, nor to any of the lands within the Quapaw Indian

Agency: Provided, That the right of appeal shall be allowed to

either party as in other cases.

-SOURCE-

(Aug. 15, 1894, ch. 290, Sec. 1, 28 Stat. 305; Feb. 6, 1901, ch.

217, Sec. 1, 31 Stat. 760; Mar. 3, 1911, ch. 231, Sec. 291, 36

Stat. 1167.)

-STATAMEND-

REPEAL OF SECTION AS TO OSAGE INDIANS

Act June 28, 1906, ch. 3572, Sec. 1, 34 Stat. 540, provided in

part that: "the provisions of the Act of Congress of August

fifteenth, eighteen hundred and ninety-four, Twenty-eighth Statutes

at Large, page three hundred and five [this section], granting

persons of Indian blood who have been denied allotments the right

to appeal to the courts, are hereby repealed as far as the same

relate to the Osage Indians; and the tribal lands and tribal funds

of said tribe shall be equally divided among the members of said

tribe as hereinafter provided".

-COD-

CODIFICATION

Act Mar. 3, 1911, conferred the powers and duties of the former

circuit courts upon the district courts.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 346 of this title.

-End-

-CITE-

25 USC Sec. 346 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 346. Proceedings in actions for allotments

-STATUTE-

The plaintiff shall cause a copy of his petition filed under

section 345 of this title, to be served upon the United States

attorney in the district wherein suit is brought, and shall mail a

copy of same, by registered letter, to the Attorney General of the

United States, and shall thereupon cause to be filed with the clerk

of the court wherein suit is instituted an affidavit of such

service and the mailing of such letter. It shall be the duty of the

United States attorney upon whom service of petition is made as

aforesaid to appear and defend the interests of the Government in

the suit, and within sixty days after the service of petition upon

him, unless the time should be extended by order of the court made

in the case to file a plea, answer, or demurrer on the part of the

Government, and to file a notice of any counterclaim, set-off,

claim for damages, or other demand or defense whatsoever of the

Government in the premises: Provided, That should the United States

attorney neglect or refuse to file the plea, answer, demurrer, or

defense, as required, the plaintiff may proceed with the case under

such rules as the court may adopt in the premises; but the

plaintiff shall not have judgment or decree for his claim, or any

part thereof, unless he shall establish the same by proof

satisfactory to the court.

-SOURCE-

(Feb. 6, 1901, ch. 217, Sec. 2, 31 Stat. 760; June 25, 1948, ch.

646, Sec. 1, 62 Stat. 909.)

-CHANGE-

CHANGE OF NAME

"United States attorney" substituted in text for "district

attorney of the United States" on authority of act June 25, 1948.

See section 541 of Title 28, Judiciary and Judicial Procedure.

-End-

-CITE-

25 USC Sec. 347 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 347. Limitations of actions for lands patented in severalty

under treaties

-STATUTE-

In all actions brought in any State court or United States court

by any patentee, his heirs, grantees, or any person claiming under

such patentee, for the possession or rents or profits of lands

patented in severalty to the members of any tribe of Indians under

any treaty between it and the United States of America, where a

deed has been approved by the Secretary of the Interior to the land

sought to be recovered, the statutes of limitations of the States

in which said land is situate shall be held to apply, and it shall

be a complete defense to such action that the same has not been

brought within the time prescribed by the statutes of said State

the same as if such action had been brought for the recovery of

land patented to others than members of any tribe of Indians.

-SOURCE-

(May 31, 1902, ch. 946, Sec. 1, 32 Stat. 284.)

-End-

-CITE-

25 USC Sec. 348 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 348. Patents to be held in trust; descent and partition

-STATUTE-

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 located, and that at the expiration of said period the

United States will convey the same by patent 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 expiration of the time above mentioned, such

conveyance or contract shall be absolutely null and void: 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 executed and delivered, except as provided by the Indian

Land Consolidation Act [25 U.S.C. 2201 et seq.] or a tribal probate

code approved under such Act and except as herein otherwise

provided: And provided further, That at any time after lands have

been allotted to all the Indians of any tribe as herein provided,

or sooner if in the opinion of the President 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 conformity 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 equitable 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 settlers 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 portion 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 reservations 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 Bureau of

Land Management, and afterwards delivered, free of charge, to the

allottee entitled thereto. And if any religious society or other

organization was occupying on February 8, 1887, any of the public

lands to which this act is applicable, 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 exceeding 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

purposes heretofore granted by law. And in the employment of Indian

police, or any other employees in the public service among any of

the Indian 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 inheritance or otherwise, become

the owner of more than eighty acres of land upon said reservation,

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 discharged of any trust and

free of all charge, incumbrance, or restriction whatsoever; and the

Secretary of the Interior is authorized and directed to ascertain,

as soon as shall be practicable, whether any of said Indians of the

Siletz Reservation should receive patents conveying in fee lands to

them under the provisions of this Act.

-SOURCE-

(Feb. 8, 1887, ch. 119, Sec. 5, 24 Stat. 389; Mar. 3, 1901, ch.

832, Sec. 9, 31 Stat. 1085; 1946 Reorg. Plan No. 3, Sec. 403, eff.

July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Pub. L. 106-462, title

I, Sec. 106(a)(2), Nov. 7, 2000, 114 Stat. 2007.)

-REFTEXT-

REFERENCES IN TEXT

This act, referred to in text, is act Feb. 8, 1887, ch. 119, 24

Stat. 388, as amended, 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.

The Indian Land Consolidation Act, referred to in text, is title

II of Pub. L. 97-459, Jan. 12, 1983, 96 Stat. 2517, as amended,

which is classified generally to chapter 24 (Sec. 2201 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 2201 of this title and

Tables.

-MISC1-

AMENDMENTS

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

provided:" for "except as herein otherwise provided:".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Secs. 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 authority 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.

-MISC2-

EXTENSION OF TRUST PERIODS

The periods of trust applying to Indian lands, whether of a

tribal or individual status, which would expire during the years

1943 to 1950, were extended for a further 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.

-EXEC-

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 restrictions against alienation contained in any patent

applying to Indian lands, whether of a tribal or individual status,

which, unless extended, will expire during the calendar year 1951,

be, and they are hereby, extended for a further period of

twenty-five years from the date on which any such trust would

otherwise expire.

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 individual Indian lands.

Harry S Truman.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 334, 336, 348a, 349, 371

of this title.

-End-

-CITE-

25 USC Sec. 348a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 348a. Extension of trust period for Indians of Klamath River

Reservation

-STATUTE-

The period of trust on lands allotted to Indians of the Klamath

River Reservation, California, which expired July 31, 1919, and the

legal title to which is still in the United States, is reimposed

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.

-SOURCE-

(Dec. 24, 1942, ch. 814, 56 Stat. 1081.)

-End-

-CITE-

25 USC Sec. 349 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 349. Patents in fee to allottees

-STATUTE-

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 Indians in the former Indian Territory.

-SOURCE-

(Feb. 8, 1887, ch. 119, Sec. 6, 24 Stat. 390; May 8, 1906, ch.

2348, 34 Stat. 182.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act Feb. 8, 1887, ch. 119, 24

Stat. 388, as amended, 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.

-COD-

CODIFICATION

Provisions relating to the grant of citizenship to certain

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 334, 336, 340 of this

title.

-End-

-CITE-

25 USC Sec. 350 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 350. Surrender of patent, and selection of other land

-STATUTE-

The Secretary of the Interior is authorized, in his discretion,

and whenever for good and sufficient reason he shall consider it to

be for the best interest of the Indians, in making allotments under

the act of February 8, 1887, to permit 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 relinquishment 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 provisions of the act of February 8, 1887.

-SOURCE-

(Oct. 19, 1888, ch. 1214, Sec. 2, 25 Stat. 612.)

-REFTEXT-

REFERENCES IN TEXT

Act of February 8, 1887, referred to in text, was in the original

"the statute aforesaid" and "the act of February eighth, eighteen

hundred and eighty-seven", respectively. 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.

-End-

-CITE-

25 USC Sec. 351 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 351. Patents with restrictions for lots in villages in

Washington

-STATUTE-

The Secretary of the Interior is authorized, whenever in his

opinion it shall be conducive to the best welfare and interest of

the Indians living within any Indian village on any of the Indian

reservations in the State of Washington to issue a patent to each

of said Indians for the village 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 Indian 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.

-SOURCE-

(June 25, 1910, ch. 431, Sec. 10, 36 Stat. 858.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 353, 406, 564h, 697, 747

of this title; title 43 section 1617.

-End-

-CITE-

25 USC Sec. 352 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 352. Cancellation of trust patents within power or reservoir

sites

-STATUTE-

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 purposes under authority of Congress: Provided, That any

Indian allottee whose allotment shall be so canceled shall be

reimbursed for all improvements 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 irrigation by any such project.

-SOURCE-

(June 25, 1910, ch. 431, Sec. 14, 36 Stat. 859.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 353, 406, 564h, 697, 747

of this title; title 43 section 1617.

-End-

-CITE-

25 USC Sec. 352a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 352a. Cancellation of patents in fee simple for allotments

held in trust

-STATUTE-

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 patent 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

cancellation of such patent in fee simple the land shall have the

same status as though such fee patent had never been issued.

-SOURCE-

(Feb. 26, 1927, ch. 215, Sec. 1, 44 Stat. 1247.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 352b of this title.

-End-

-CITE-

25 USC Sec. 352b 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 352b. Partial cancellation; issuance of new trust patents

-STATUTE-

Where patents in fee have been issued for Indian allotments,

during the trust period, without 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

Secretary of the Interior is, on application of the allottee or his

or her Indian heirs, hereby authorized, in his discretion, to

cancel patents in fee so far as they cover such unsold lands not

encumbered 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 members 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 incurred after date of such

mortgage or deed, and the period of redemption has expired.

-SOURCE-

(Feb. 26, 1927, ch. 215, Sec. 2, as added Feb. 21, 1931, ch. 271,

46 Stat. 1205.)

-REFTEXT-

REFERENCES IN TEXT

Act of February 8, 1887, referred to in text, 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.

-End-

-CITE-

25 USC Sec. 352c 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 352c. Reimbursement of allottees or heirs for taxes paid on

lands patented in fee before end of trust

-STATUTE-

The Secretary of the Interior is hereby authorized, under such

rules and regulations as he may prescribe, to reimburse Indian

allottees, or Indian heirs or Indian devisees of allottees, for all

taxes paid, including penalties and interest, on so much of their

allotted lands as have been patented in fee prior to the expiration

of the period of trust without application by or consent of the

patentee: Provided, That if the Indian allottee, or his or her

Indian heirs or Indian devisees, have by their own act accepted

such patent, no reimbursement shall be made for taxes paid,

including penalties and interest, subsequent to acceptance of the

patent: Provided further, That the fact of such acceptance shall be

determined by the Secretary of the Interior.

In any case in which a claim against a State, county, or

political subdivision thereof, for taxes collected upon such lands

during the trust period has been reduced to judgment and such

judgment remains unsatisfied in whole or in part, the Secretary of

the Interior is authorized, upon reimbursement by him to the Indian

of the amount of taxes including penalties and interest paid

thereon, and upon payment by the judgment debtor of the costs of

the suit, to cause such judgment to be released: Provided further,

That in any case, upon submission of adequate proof, the claims for

taxes paid by or on behalf of the patentee or his Indian heirs or

Indian devisees have been satisfied, in whole or in part, by the

State, county, or political subdivision thereof, the Secretary of

the Interior is authorized to reimburse the State, county, or

political subdivision for such amounts as may have been paid by

them.

-SOURCE-

(June 11, 1940, ch. 315, Sec. 1, 54 Stat. 298; Feb. 10, 1942, ch.

56, Sec. 1, 56 Stat. 87.)

-MISC1-

AMENDMENTS

1942 - Act Feb. 10, 1942, inserted two provisos to first par.,

substituted in first par. "Indian allottees, or Indian heirs or

Indian devisees of allottees" and "have been patented" for "Indian

allottees and Indian heirs of allottees" and "having been

patented", struck out from first par. ", has been or may be

restored to trust status through cancellation of the fee patent by

the Secretary of the Interior" after "consent of the patentee",

designated as second par, the two provisos of original par.,

inserted in second par. "in whole or in part" after "remains

unsatisfied" and substituted in second par. "during the trust

period" and "by the judgment debtor" for "while the patent in fee

was outstanding" and "by the State, county, or political

subdivision thereof" and in proviso ", upon submission of adequate

proof, the claims for taxes paid by or on behalf of the patentee or

his Indian heirs or Indian devisees have been satisfied, in whole

or in part, by the State, county, or political subdivision thereof,

the Secretary of the Interior is authorized to reimburse the State,

county, or political subdivision for such amounts as may have been

paid by them" for "in which a claim has been reduced to judgment

and such judgment has been satisfied, the Secretary of the Interior

is authorized, upon proof of satisfaction thereof, to reimburse the

State, county, or political subdivision thereof, for the actual

amount of the judgment, exclusive of the costs of litigation".

APPROPRIATIONS

Section 2 of act Feb. 10, 1942, authorized appropriations to

remain available until expended.

-End-

-CITE-

25 USC Sec. 353 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 353. Sections inapplicable to certain tribes

-STATUTE-

The provisions of this Act shall not apply to the Osage Indians,

nor to the Five Civilized Tribes, in Oklahoma. Where deeds to

tribal lands in the Five Civilized Tribes have been or may be

issued, in pursuance of any tribal agreement or Act of Congress, to

a person who had died, or who dies before the approval of such

deed, the title to the land designated therein shall inure to and

become vested in the heirs, devisees, or assigns of such deceased

grantee as if the deed had issued to the deceased grantee during

life.

-SOURCE-

(June 25, 1910, ch. 431, Secs. 32, 33, 36 Stat. 863.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act June 25, 1910, ch. 431, 36

Stat. 855, as amended, which enacted sections 47, 93, 151, 202,

337, 344a, 351, 352, 353, 372, 403, 406, 407, and 408 of this

title, sections 6a-1 and 16a of Title 41, Public Contracts, and

section 148 of Title 43, Public Lands, and amended sections 191,

312, 331, 333, and 336 of this title and sections 104 and 107 of

former Title 18, Criminal Code and Criminal Procedure. Sections 104

and 107 of former Title 18 were repealed and reenacted as sections

1853 and 1856 of Title 18, Crimes and Criminal Procedure, by act

June 25, 1948, ch. 645, 62 Stat. 683. For complete classification

of this Act to the Code, see Tables.

-COD-

CODIFICATION

The first and second sentences are from sections 33 and 32,

respectively of act June 25, 1910.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 406, 564h, 697, 747 of

this title; title 43 section 1617.

-End-

-CITE-

25 USC Sec. 354 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 354. Lands not liable for debts prior to final patent

-STATUTE-

No lands acquired under the provisions of this Act shall, in any

event, become liable to the satisfaction of any debt contracted

prior to the issuing of the final patent in fee therefor.

-SOURCE-

(Feb. 8, 1887, ch. 119, as added June 21, 1906, ch. 3504, 34 Stat.

327.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act Feb. 8, 1887, ch. 119, 24

Stat. 388, as amended, 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.

-End-

-CITE-

25 USC Sec. 355 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 355. Laws applicable to lands of full-blooded members of Five

Civilized Tribes

-STATUTE-

The lands of full-blooded members of any of the Five Civilized

Tribes are made subject to the laws of the State of Oklahoma,

providing for the partition of real estate. Any land allotted in

such proceedings to a full-blood Indian, or conveyed to him upon

his election to take the same at the appraisement, shall remain

subject to all restrictions upon alienation and taxation obtaining

prior to such partition. In case of a sale under any decree, or

partition, the conveyance thereunder shall operate to relieve the

land described of all restrictions of every character.

-SOURCE-

(June 14, 1918, ch. 101, Sec. 2, 40 Stat. 606.)

-MISC1-

CHOCTAW TRIBE; SALE OF LANDS AND INTERESTS THEREIN; TRANSFER TO

TRIBAL CORPORATION OR FOUNDATION; PER CAPITA DISTRIBUTION

Pub. L. 91-386, Sec. 1, Aug. 24, 1970, 84 Stat. 828, repealed

Pub. L. 86-192, Secs. 1-12, Aug. 25, 1959, 73 Stat. 420, as amended

by Pub. L. 87-609, Secs. 1, 2, Aug. 24, 1962, 76 Stat. 405; Pub. L.

89-107, Aug. 4, 1965, 79 Stat. 432; Pub. L. 90-476, Aug. 11, 1968,

82 Stat. 703, which provided for termination of Federal supervision

over affairs of the Choctaw Tribe, including termination of

eligibility of individual Choctaw members for certain Federal

services and benefits provided Indians because of their status as

Indians; authority to establish a trustee, corporation, or other

legal entity under State law as a successor in interest to the

tribal entity; and authority for Secretary of the Interior to sell

land and interest in land owned by the Choctaw Tribe for benefit of

the tribe, to convey to the successor entity certain lands and

mineral interests of the Choctaw Tribe, and to distribute per

capita funds held by the United States for benefit of the Choctaw

Tribe.

Section 2 of Pub. L. 91-386 provided that: "Repeal of the Act of

August 25, 1959 [see note above] shall not be construed to

abrogate, impair, annul, or otherwise affect any right or interest

which may have vested under the provisions of said Act nor shall

repeal affect any legal action pending on the date of enactment of

this Act [Aug. 24, 1970]."

EXTENSION OF PERIOD OF RESTRICTIONS ON LANDS

Act Aug. 11, 1955, ch. 786, 69 Stat. 666, extended for the lives

of the Indians who own lands the period of restrictions against

alienation, lease, mortgage, or other encumbrance of land; provided

for application to Secretary of the Interior for removal of

restrictions; authorized the Secretary, without application, to

remove restrictions on lands of Indians who are able to manage

their own affairs; permitted proceeding in county court where

Secretary disapproved or failed to either approve or disapprove the

application for removal; granted right of appeal; required

Secretary to turn over full ownership and control of any money and

property held in trust when an order removing restrictions becomes

effective; and, continued existing exemptions from taxation that

constitute a vested property right.

REMOVAL OF LAND RESTRICTION AT DEATH; APPROVAL OF CONVEYANCE;

JURISDICTION OF OKLAHOMA STATE COURTS; TAX EXEMPTION

Act Aug. 4, 1947, ch. 458, 61 Stat. 731, provided that death

removed restrictions on land; clarified the laws relating to the

approval of conveyances of restricted lands; defined the

jurisdiction of Oklahoma State courts over certain classes of

Indian litigation; set out the procedure governing the removal of

cases to the Federal courts and authorized appeals from orders of

remand; and limited the tax-exempt acreage of restricted Indian

lands.

Section 6(e) of act Aug. 4, 1947, was amended by act Aug. 12,

1953, ch. 409, Sec. 2, 67 Stat. 558, by permitting the filing of a

list of nontaxable lands that have been sold during the preceding

year, instead of cumulative lists showing all restricted lands of

the Five Civilized Tribes that are tax exempt.

VALIDATION OF LAND TITLES AND COURT JUDGMENTS

Act July 2, 1945, ch. 223, 59 Stat. 313, validated titles to

certain lands conveyed by the Indians of the Five Civilized Tribes

on and after April 26, 1931, and prior to July 2, 1945; amended act

Jan. 27, 1933, ch. 23, 47 Stat. 777, by limiting restrictions on

the alienation of lands or interests in lands acquired by

inheritance, devise, or in any other manner where such lands or

interests were not restricted against alienation at the time of

acquisition, and all conveyances executed after Jan. 27, 1937, and

prior to July 2, 1945; and validated State court judgments in

Oklahoma and judgments of the United States District Courts of the

State of Oklahoma.

CREATION OF TRUSTS

Act Jan. 27, 1933, ch. 23, 47 Stat. 777, as amended by act Aug.

4, 1947, ch. 458, Sec. 12, 61 Stat. 734, provided for the creation

of trusts by Indians; authorized transfers to trustees; denied

release of trust agreement restrictions and alienation of corpus

and income; made approved contracts irrevocable; provided remedy

for illegally procured trusts by cancellation proceedings; and

delegated administration of act to Secretary of the Interior.

REMOVAL OF RESTRICTIONS FROM PART OF ALLOTTED LANDS; LEASES;

TAXATION; APPOINTMENT OF LOCAL AGENTS

Act May 27, 1908, ch. 199, 35 Stat. 312, as amended by act Apr.

12, 1926, ch. 115, Sec. 1, 44 Stat. 239, provided in part for the

removal of restrictions from part of the lands of allottees;

authorized leases of allotted lands; made unrestricted lands

subject to taxation; voided alienation or incumbrance of restricted

lands; and authorized appointment of local agents to investigate

estates of minors and to advise and represent allottees.

FINAL DISPOSITION OF AFFAIRS OF THE FIVE CIVILIZED TRIBES

Act Apr. 26, 1906, ch. 1876, 34 Stat. 137, provided in part for

membership and enrollment rules; required patents to issue in name

of allottee and to be recorded; transferred records of land offices

to the clerk of the United States district court; transferred

control of tribal schools to Secretary of the Interior; abolished

tribal taxes; extended restrictions on alienation of allotted

lands; authorized conveyances of inherited lands; authorized

disposal of property by will; provided that lands upon dissolution

of the tribes be held in trust by the United States; and continued

tribal governments.

-End-

-CITE-

25 USC Sec. 356 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 356. Allowance of undisputed claims of restricted allottees of

Five Civilized Tribes

-STATUTE-

No undisputed claims to be paid from individual moneys of

restricted allottees, or their heirs, or uncontested agricultural

and mineral leases (excluding oil and gas leases) made by

individual restricted Indian allottees, or their heirs, shall be

forwarded to the Secretary of the Interior for approval, but all

such undisputed claims or uncontested leases (except oil and gas

leases) shall be paid, approved, rejected, or disapproved by the

Superintendent for the Five Civilized Tribes of Oklahoma: Provided,

however, That any party aggrieved by any decision or order of the

Superintendent for the Five Civilized Tribes of Oklahoma may appeal

from the same to the Secretary of the Interior within thirty days

from the date of said decision or order.

-SOURCE-

(Feb. 14, 1920, ch. 75, Sec. 18, 41 Stat. 426.)

-COD-

CODIFICATION

The clause "heretofore required to be approved under existing law

by the Secretary of the Interior" after the words "but all such

undisputed claims or uncontested leases (except oil and gas

leases)" omitted from text as superfluous.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Secs. 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.

-End-

-CITE-

25 USC Sec. 357 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 357. Condemnation of lands under laws of States

-STATUTE-

Lands allotted in severalty to Indians may be condemned for any

public purpose under the laws of the State or Territory where

located in the same manner as land owned in fee may be condemned,

and the money awarded as damages shall be paid to the allottee.

-SOURCE-

(Mar. 3, 1901, ch. 832, Sec. 3, 31 Stat. 1084.)

-COD-

CODIFICATION

Section is comprised of the second paragraph of section 3 of act

Mar. 3, 1901. The first paragraph of such section 3 is classified

to section 319 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 322 of this title.

-End-

-CITE-

25 USC Sec. 358 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-

Sec. 358. Repeal of statutory provisions relating to survey,

classification, and allotments which provide for repayment out of

Indian moneys

-STATUTE-

Any and all provisions contained in any Act passed prior to March

7, 1928, for the survey, resurvey, classification, and allotment of

lands in severalty under the provisions of the Act of February 8,

1887 (24 Stat. 388), which provide for the repayment of funds

appropriated proportionately out of any Indian moneys held in trust

or otherwise by the United States and available by law for such

reimbursable purposes, are repealed: Provided further, That the

repeal shall not affect any funds authorized to be reimbursed by

any special Act of Congress wherein a particular or special fund is

mentioned from which reimbursement shall be made.

-SOURCE-

(Mar. 7, 1928, ch. 137, Sec. 1, 45 Stat. 206.)

-REFTEXT-

REFERENCES IN TEXT

Act of February 7, 1887, referred to in text, 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.

-End-