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25 U.S.C. § 353Sections inapplicable to certain tribes

submitted 116 years ago by ch. 431 to r/title-25-INDIANS · 96 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law does not apply to the Osage Indians or the Five Civilized Tribes in Oklahoma. If a Five Civilized Tribes deed names someone who died before it was approved, the land still passes to that person's heirs, devisees, or assigns.

This section carves out two exceptions. First, none of the rules in the Act this section belongs to apply to the Osage Indians or to the Five Civilized Tribes in Oklahoma. Those groups are handled under separate laws and agreements instead. Second, it fixes a problem with land deeds for the Five Civilized Tribes. Sometimes a deed to tribal land is issued to a person under a tribal agreement or an Act of Congress, but that person dies before the deed gets its final approval. This section says that does not create a problem: the title to the land still passes to that deceased person's heirs, devisees (people named in a will), or assigns (people the deceased had already transferred rights to). It works exactly as if the deed had been issued to that person while they were still alive.
the actual law source: uscode.house.gov ↗public domain

The provisions of this Act shall not apply to the Osage Indians, nor to the Five Civilized Tribes, in Oklahoma. Where deeds to tribal lands in the Five Civilized Tribes have been or may be issued, in pursuance of any tribal agreement or Act of Congress, to a person who had died, or who dies before the approval of such deed, the title to the land designated therein shall inure to and become vested in the heirs, devisees, or assigns of such deceased grantee as if the deed had issued to the deceased grantee during life.

Source credit: (June 25, 1910, ch. 431, §§ 32, 33, 36 Stat. 863.)

history & why it existsrecord from the source credit
  • 1910Enacted · Act of June 25, 1910, ch. 431 · 36 Stat. 863

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

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