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25 U.S.C. § 352Cancellation of trust patents within power or reservoir sites

submitted 116 years ago by ch. 431 to r/title-25-INDIANS · 136 words · no verdicts yet

in plain englishAI-generated · not legal advice

After notice and a hearing, the Secretary can cancel an Indian allottee's trust patent. This applies to land within a power or reservoir site, or land needed for irrigation. The allottee must be repaid for improvements and given equally valuable replacement land nearby.

After giving notice and holding a hearing, the Secretary of the Interior can cancel a trust patent given to an Indian allottee, if the allotment sits within a power or reservoir site, or on land set aside for irrigation under an act of Congress. If an allottee's patent gets canceled this way, they must be repaid for any improvements they made on that land, using money set aside to build the irrigation project the land was needed for. The allottee (or the part of their allotment that was canceled) must also be given a new allotment of equal value, taken from land available for irrigation by that same project.
the actual law source: uscode.house.gov ↗public domain

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 credit: (June 25, 1910, ch. 431, § 14, 36 Stat. 859.)

history & why it existsrecord from the source credit
  • 1910Enacted · Act of June 25, 1910, ch. 431 · 36 Stat. 859

A history note hasn’t been published yet. The record shows enactment by ch. 431 on 1910-06-25.

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