25 U.S.C. § 334 — Allotments to Indians not residing on reservations

submitted 139 years ago by ch. 119 to r/title-25-INDIANS · 240 words · no verdicts yet

in plain englishAI-generated · not legal advice

An Indian person who doesn't live on a reservation, or whose tribe has no reservation, can apply at the local land office to receive an allotment of unclaimed U.S. land. They and their children get land on the same terms as Indians living on reservations, and the government issues them patents under the usual restrictions. The Treasury pays the land office's normal fees for processing these applications.

Any Indian person who doesn't live on a reservation — or whose tribe has never been given one by treaty, act of Congress, or executive order — can settle on surveyed or unsurveyed U.S. land that nobody else has claimed. That person can then apply to the local land office covering that land and receive an allotment for themselves and their children, on the same terms that apply to Indians who do live on reservations. If the settlement happens on land that hasn't been surveyed yet, the size of the grant gets adjusted once the survey is done, to match the standard allotment. The government issues land patents (ownership documents) for these allotments the same way, and with the same restrictions, as under sections 348 and 349 of this title. The local land office would normally have earned fees for processing land claims under the general public-land laws. Even though this isn't that kind of claim, the office still gets paid those fees — out of any unappropriated money in the U.S. Treasury. The Secretary of the Interior (or someone the Secretary picks) prepares a statement of the fees owed, and the Secretary then certifies that statement to the Secretary of the Treasury for payment.

the actual law source: uscode.house.gov ↗public domain

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 credit: (Feb. 8, 1887, ch. 119, § 4, 24 Stat. 389; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

history & why it existsrecord from the source credit

1887Enacted · Act of Feb. 8, 1887, ch. 119 · 24 Stat. 389

A history note hasn’t been published yet. The record shows enactment by ch. 119 on 1887-02-08.

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