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25 U.S.C. § 349Patents in fee to allottees

submitted 139 years ago by ch. 119 to r/title-25-INDIANS · 221 words · no verdicts yet

in plain englishAI-generated · not legal advice

Once the trust period ends and an Indian allottee gets a full-ownership patent, that person becomes subject to state and territorial civil and criminal law like anyone else, and no territory may deny that person equal protection of the law. The Secretary of the Interior can also issue a full patent early to a capable allottee, removing restrictions on selling or taxing the land. This act's rules do not extend to Indians in the former Indian Territory.

This section has no lettered subsections; it is one rule with several provisos. Base rule: Once the trust period ends and the land has been conveyed to the Indians by fee patent, as described in section 348, each allottee gets the benefit of, and becomes subject to, the civil and criminal laws of whatever state or territory they live in. No territory may pass or enforce a law that denies such an Indian, within its jurisdiction, the equal protection of the law. Proviso — early fee patent: The Secretary of the Interior may, at his discretion, decide that an individual Indian allottee is competent and capable of managing their own affairs, and may issue that allottee a patent in fee simple at any time. Once that happens, all restrictions on selling, encumbering, or taxing the land are removed, and the land is not liable for any debt the allottee owed before the patent was issued. Proviso — before the fee patent issues: Until a fee-simple patent is issued, all allottees holding only a trust patent remain subject to the exclusive jurisdiction of the United States. Proviso — scope limit: This act's provisions do not extend to any Indians in the former Indian Territory.
the actual law source: uscode.house.gov ↗public domain

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 credit: (Feb. 8, 1887, ch. 119, § 6, 24 Stat. 390; May 8, 1906, ch. 2348, 34 Stat. 182.)

history & why it existsrecord from the source credit
  • 1887Enacted · Act of Feb. 8, 1887, ch. 119 · 24 Stat. 390
  • 1906Amended · Act of May 8, 1906, ch. 2348 · 34 Stat. 182

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

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