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

submitted 139 years ago by ch. 119 to r/title-25-INDIANS · 1,004 words · no verdicts yet

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Once the Secretary of the Interior approves land allotments to individual Indians, the United States holds that land in trust for 25 years. After that, the government must give the person, or their heirs, full ownership by patent, and the President may extend the trust period. Selling the land or making deals about it before the trust ends is void, and this section also lets the government buy back unallotted reservation land to sell to settlers.

This section has no lettered subsections; it is written as one long provision with several "Provided" clauses. It is explained here in the order those clauses appear. Issuing the trust patent: Once the Secretary of the Interior approves the allotments made under this act, the Secretary must issue patents in the name of the people receiving the land (the "allottees"). These patents declare that the United States will hold the allotted land in trust for 25 years, solely for the use and benefit of that Indian — or, if the Indian dies, of their heirs under the law of the state or territory where the land sits. At the end of the 25 years, the United States must convey the land to that Indian, or the heirs, by patent in fee simple, free of the trust and free of any charge or encumbrance. Extension: The President may, at his discretion, extend the 25-year trust period in any case. Void transfers during the trust: Any conveyance of, or contract touching, the allotted land made before the trust period ends is absolutely null and void. Inheritance rule: Subject to section 8(b) of the American Indian Probate Reform Act of 2004, the rules of intestate succession (inheritance without a will) under the Indian Land Consolidation Act — including any approved tribal probate code or regulations under that Act — apply to land for which patents have been issued. Buying back unallotted land: Once all the Indians of a tribe have received their allotments — or sooner, if the President thinks it serves the tribe's best interest — the Secretary of the Interior may negotiate with the tribe to buy back the parts of the reservation that were not allotted, consistent with the treaty or statute governing that reservation. Terms must be just and equitable to both sides. The purchase is not complete until Congress ratifies it, and Congress also prescribes the form and manner of the release. Homesteading the purchased land: Farmable land bought this way, whether irrigated or not, must be held by the United States solely to provide homes to actual settlers. It may only be sold to real, good-faith settlers, in tracts no larger than 160 acres per person, on terms Congress sets — subject to grants Congress may make to support education. Patent and homestead conditions: No patent for this land may be issued to anyone except the person actually homesteading it (or their heirs), and only after five years of occupying it as a homestead. Any conveyance, contract, or lien on this land created before the patent issues is null and void. Payment to the tribe: Money the United States agrees to pay for buying part of a reservation is held in the U.S. Treasury solely for the tribe or tribes that owned it. That money, plus 3 percent annual interest, remains available for Congress to appropriate for the education and "civilization" of that tribe or its members. Recording and delivery: These patents must be recorded in the Bureau of Land Management, then delivered free of charge to the allottee entitled to them. Religious or educational occupants: If a religious society or other organization was occupying any of this public land on February 8, 1887, for religious or educational work among Indians, the Secretary of the Interior may confirm that occupation, up to 160 acres in one tract, for as long as it continues, on terms the Secretary considers just. This does not change or cancel any other claim that society already had by law. Employment preference: When hiring Indian police or other public employees among affected tribes, where Indians can perform the duties, preference goes to those who used this act to become U.S. citizens. Siletz Reservation rule: If the Secretary of the Interior is satisfied that a member of the Siletz Indian Reservation in Oregon is fully capable of managing their own affairs, is 21 or older, and has become the owner — by inheritance or otherwise — of more than 80 acres on that reservation, the Secretary must issue that person a patent for all the land above 80 acres. That patent covers the least valuable portions of the land, discharged of the trust and free of all charges, encumbrances, or restrictions. The Secretary is also directed to determine, as soon as practical, which other Siletz Reservation Indians should receive fee patents under this act.

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

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, subject to section 8(b) of the American Indian Probate Reform Act of 2004 (Public Law 108–374; 118 Stat. 1810), the rules of intestate succession under the Indian Land Consolidation Act (25 U.S.C. 2201 et seq.) (including a tribal probate code approved under that Act or regulations promulgated under that Act) shall apply to that land for which patents have been executed and delivered: And provided further, That at any time after lands have been allotted to all the Indians of any tribe as herein 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 credit: (Feb. 8, 1887, ch. 119, § 5, 24 Stat. 389; Mar. 3, 1901, ch. 832, § 9, 31 Stat. 1085; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Pub. L. 106–462, title I, § 106(a)(2), Nov. 7, 2000, 114 Stat. 2007; Pub. L. 108–374, § 6(c), Oct. 27, 2004, 118 Stat. 1805; Pub. L. 109–221, title V, § 501(b)(2), May 12, 2006, 120 Stat. 344.)

history & why it existsrecord from the source credit

1887Enacted · Act of Feb. 8, 1887, ch. 119 · 24 Stat. 389
1901Amended · Act of Mar. 3, 1901, ch. 832 · 31 Stat. 1085
2000Amended · Pub. L. 106-462 · 114 Stat. 2007
2004Amended · Pub. L. 108-374 · 118 Stat. 1805
2006Amended · Pub. L. 109-221 · 120 Stat. 344

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

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