25 U.S.C. § 344 — Cancellation of allotment of unsuitable land

submitted 117 years ago by ch. 263 to r/title-25-INDIANS · 118 words · no verdicts yet

in plain englishAI-generated · not legal advice

If an Indian received land unfit for farming from a tribe's ceded lands, that allotment can be canceled. A new, equal-sized unclaimed tract from the same ceded reservation land replaces it, on the same terms. The old allotment's land is then treated like other ceded land, except this rule does not apply to former Indian Territory.

If a member of a tribe whose surplus land was opened up for settlement received an allotment of land that turns out to be unsuitable for farming or settling, that allotment may be canceled. In its place, the Indian gets an equal amount of other unclaimed, unoccupied, and unreserved land from the same tribe's ceded reservation, on the same terms and restrictions as the original allotment. The land from the canceled allotment then gets disposed of the same way as any other ceded land from that reservation. This rule does not apply to land that used to be part of Indian Territory. The Secretary of the Interior may write rules and regulations to carry this out.

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

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 credit: (Mar. 3, 1909, ch. 263, 35 Stat. 784.)

history & why it existsrecord from the source credit

1909Enacted · Act of Mar. 3, 1909, ch. 263 · 35 Stat. 784

A history note hasn’t been published yet. The record shows enactment by ch. 263 on 1909-03-03.

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