-CITE-
    25 USC CHAPTER 9 - ALLOTMENT OF INDIAN LANDS                01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
                   CHAPTER 9 - ALLOTMENT OF INDIAN LANDS               

-MISC1-
    Sec.                                                     
    331 to 333. Repealed.                                             
    334.        Allotments to Indians not residing on reservations.   
    335.        Extension of provisions as to allotments.             
    336.        Allotments to Indians making settlement.              
    337.        Allotments in national forests.                       
    337a, 338.  Repealed.                                             
    339.        Tribes excepted from certain provisions.              
    340.        Extension of certain provisions.                      
    341.        Power to grant rights-of-way not affected.            
    342.        Removal of Southern Utes to new reservation.          
    343.        Correction of errors in allotments and patents.       
    344.        Cancellation of allotment of unsuitable land.         
    344a.       Repealed.                                             
    345.        Actions for allotments.                               
    346.        Proceedings in actions for allotments.                
    347.        Limitations of actions for lands patented in severalty
                 under treaties.                                      
    348.        Patents to be held in trust; descent and partition.   
    348a.       Extension of trust period for Indians of Klamath River
                 Reservation.                                         
    349.        Patents in fee to allottees.                          
    350.        Surrender of patent, and selection of other land.     
    351.        Patents with restrictions for lots in villages in
                 Washington.                                          
    352.        Cancellation of trust patents within power or
                 reservoir sites.                                     
    352a.       Cancellation of patents in fee simple for allotments
                 held in trust.                                       
    352b.       Partial cancellation; issuance of new trust patents.  
    352c.       Reimbursement of allottees or heirs for taxes paid on
                 lands patented in fee before end of trust.           
    353.        Sections inapplicable to certain tribes.              
    354.        Lands not liable for debts prior to final patent.     
    355.        Laws applicable to lands of full-blooded members of
                 Five Civilized Tribes.                               
    356.        Allowance of undisputed claims of restricted allottees
                 of Five Civilized Tribes.                            
    357.        Condemnation of lands under laws of States.           
    358.        Repeal of statutory provisions relating to survey,
                 classification, and allotments which provide for
                 repayment out of Indian moneys.                      

-End-



-CITE-
    25 USC Sec. 331                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 331. Repealed.

-MISC1-
    Sec. 331. Repealed. Pub. L. 106-462, title I, Sec. 106(a)(1), Nov.
      7, 2000, 114 Stat. 2007.
      Section, acts Feb. 8, 1887, ch. 119, Sec. 1, 24 Stat. 388; Feb.
    28, 1891, ch. 383, Sec. 1, 26 Stat. 794; June 25, 1910, ch. 431,
    Sec. 17, 36 Stat. 859, related to allotments of irrigable and
    nonirrigable land on reservations.

-COD-
                               CODIFICATION                           
      Section was based on section 1 of act Feb. 8, 1887, as amended
    generally by section 1 of act Feb. 28, 1891, which was amended
    generally, by act June 25, 1910. The amendment by act June 25,
    1910, to section 1 of act Feb. 28, 1891, was treated as an
    amendment to section 1 of act Feb. 8, 1887, to reflect the probable
    intent of Congress, and this section was based on the text of
    section 1 of act Feb. 28, 1891, as so amended. The repeal by Pub.
    L. 106-462 of section 1 of act Feb. 8, 1887, was executed by
    repealing this section, to reflect the probable intent of Congress.


-MISC1-
                       SHORT TITLE OF 1987 AMENDMENT                   
      Pub. L. 100-153, Sec. 1, Nov. 5, 1987, 101 Stat. 886, provided
    that: "This Act [amending sections 373, 1401, and 2301 of this
    title and section 4421 of Title 20, Education, and amending
    provisions set out as a note under this section] may be cited as
    the 'Indian Law Technical Amendments of 1987'."

                                SHORT TITLE                            
      Act Feb. 8, 1887, ch. 119, 24 Stat. 388, as amended, enacting
    this section and sections 332 to 334, 339, 341, 342, 348, 349, 354,
    and 381 of this title, is popularly known as the "Indian General
    Allotment Act".

                      BLACKFEET RESERVATION, MONTANA                  
      Act June 30, 1919, ch. 4, Sec. 10, 41 Stat. 16, which provided
    for the allotment of lands within the Blackfeet Indian Reservation
    in Montana, was amended by act June 4, 1953, ch. 99, Sec. 1, 67
    Stat. 42, in order to remove the restrictions on alienation of the
    homestead allotments by making 80 acres of each allotment subject
    to sale, partition, issuance of patent in fee, or other disposition
    in accordance with the laws relating to the other allotments on the
    Reservation.
      Act June 30, 1919, had provided that the 80-acre homestead
    allotment should remain inalienable. This restriction was removed
    on the alienation of homestead allotments after the death of the
    original allottee by act June 2, 1924, ch. 231, 43 Stat. 252,
    formerly set out as a note under this section. The restriction was
    completely removed by section 1 of act June 4, 1953. Section 2 of
    act June 4, 1953, repealed act June 2, 1924.

                               CREEK NATION                           
      Act Mar. 2, 1917, ch. 146, Sec. 18, 39 Stat. 986, provided in
    part as follows: "Hereafter no allotments of land shall be made to
    members of the Creek Nation".

                          CROW INDIAN RESERVATION                      
      Act June 4, 1920, ch. 224, Sec. 6, 41 Stat. 753, as amended by
    acts May 25, 1926, ch. 403, 44 Stat. 658; Sept. 16, 1959, Pub. L.
    96-283, 73 Stat. 565; May 17, 1968, Pub. L. 90-308, 82 Stat. 123,
    provided for a reservation in perpetuity, for the benefit of the
    Crow Indian Tribe, of the minerals on or underlying the allotted
    lands on the Crow Indian Reservation.
      Act Aug. 15, 1953, ch. 502, Sec. 4, 67 Stat. 587, repealed act
    June 4, 1920, ch. 224, Sec. 9, 41 Stat. 754, formerly set out as a
    note under this section. The act June 4, 1920, provided for
    allotment of lands of the Crow Tribe and section 9 of the act had
    provided that lands of the Crow Reservation should "be subject to
    all laws of the United States prohibiting the introduction of
    intoxicating liquors into the Indian country until otherwise
    provided by Congress".
      Act June 4, 1953, ch. 100, 67 Stat. 42, permitted the Indian
    owners of homestead, irrigable, or agricultural land on the Crow
    Indian Reservation in Montana to sell such land, upon application
    in writing and subject to the approval of the Secretary of the
    Interior or his authorized representative. Restrictions against
    such sales were contained in act June 4, 1920, ch. 224, 41 Stat.
    751. The act of June 4, 1920, set out as a note below, provided for
    the allotment of lands on the Crow Reservation.
      Provisions for the allotment of lands of the Crow Tribe of
    Indians within the Crow Indian Reservation in Montana, and for the
    distribution of tribal funds, were made by act June 4, 1920, ch.
    224, 41 Stat. 751. The time for making allotments on the Crow
    Reservation, Montana, as provided by this act was extended for a
    period of two years from Dec. 4, 1921, by act Sept. 21, 1922, ch.
    367, 42 Stat. 994.

            EASTERN BAND OF CHEROKEE INDIANS OF NORTH CAROLINA        
      Act June 4, 1924, ch. 253, 43 Stat. 376, provided: "That the
    Eastern Band of Cherokee Indians of North Carolina is hereby
    authorized, pursuant to the resolution of its council adopted the
    6th day of November 1919, to convey to the United States of
    America, in trust, all land, money, and other property of said band
    for final disposition thereof as hereinafter provided; and the
    United States will accept such conveyance when approved by the
    Secretary of the Interior.
      "Sec. 2. That upon approval of such conveyance the Secretary of
    the Interior shall cause to be prepared a roll of the members of
    said band, to contain the names of all living on the date of this
    Act, and no person born after that date shall be entitled to
    enrollment.
      "The roll shall show the name, age, sex, and degree of Cherokee
    Indian blood, and separately of that derived from any other Indian
    ancestor, of each member. The day of the month indicating the
    birthday of each member shall also be shown upon said roll:
    Provided, That if such date is unknown and cannot be ascertained,
    the date of the entry of the name on the schedule shall be taken
    for the purposes of this Act to be the birth date of the member to
    whom the entry applies.
      "Said roll when approved by the Secretary of the Interior shall
    be final and conclusive as to the membership of said band, and as
    to the ages and degree of Indian blood of the members, but clerical
    changes relating to the names of such members or to sex
    designations may be made at any time thereafter.
      "Sec. 3. That in the preparation of said roll due consideration
    shall be given to all rolls and lists heretofore made of the
    membership of said band, together with any evidence elicited in the
    course of any investigations, and to all documents and records on
    file in the Interior Department or any of its bureaus or offices.
      "The fact that the name of any person appears on any such roll or
    list shall not be accepted to establish, conclusively, his right or
    that of his descendants to enrollment. Nor shall the absence of his
    name from such former rolls conclusively bar any person or his
    descendants from enrollment.
      "That in the preparation of said roll the act of the State of
    North Carolina of March 8, 1895, chapter 166, entitled 'An Act to
    amend chapter 211, laws of 1889, relating to the charter of the
    Eastern Band of Cherokee Indians' shall be disregarded.
      "Applications for enrollment may be presented in such manner and
    within such time as may be prescribed by regulations made by the
    Secretary of the Interior, but lack of application shall not
    prevent consideration of the right to enrollment of any person
    whose name appears on any former roll and his descendants or of any
    name brought in any manner to the attention of those in charge of
    the enrollment work, including the names of those persons of
    Cherokee Indian blood living July 27, 1868, in any of the counties
    of North Carolina, in which the common lands of said band are
    located, or in any of the contiguous counties of that State or of
    the States of Georgia and Tennessee, and of their descendants.
      "Sec. 4. That the lands so conveyed shall be surveyed, where
    found necessary, and divided into appropriate tracts or parcels and
    appraised at their true value as of the date of such appraisement,
    without consideration being given to the location thereof or to any
    mineral deposits therein or to improvements thereon, but such
    appraisement shall include all merchantable timber on all
    allottable lands.
      "Sec. 5. That reservations from allotment may be made, in the
    discretion of the Secretary of the Interior, of lands for
    cemeteries, schools, water-power sites, rights of way, and for
    other public purposes, with proper safeguards, however, for
    compensation to individuals who may suffer losses by reason of such
    reservations.
      "There may also be reserved any tract chiefly valuable because of
    the timber or of stone, marble, or other quarries thereon, or which
    by reason of location or topographical features may be unsuitable
    for allotment purposes.
      "Any land or other property reserved from allotment as above
    provided and lands not needed for allotments may be sold at such
    time, in such manner, and upon such terms as the Secretary may
    direct, and the proceeds of such sale shall be added to the funds
    of the band: Provided, That in the sale of timberlands the timber
    and the land may be sold separately.
      "Conveyances under such sales shall be made as provided in the
    case of conveyances to allottees.
      "Sec. 6. That all oil, gas, coal, and other mineral deposits on
    said lands are hereby reserved to said band for a period of twenty-
    five years from the date of this Act, and during such period said
    deposits may be leased for prospecting and mining purposes by the
    Secretary of the Interior, for such periods (not exceeding the
    period for which such minerals are reserved) and upon such terms
    and conditions as he may prescribe: Provided, That at the end of
    such twenty-five year period all such deposits shall become the
    property of the individual owner of the surface of such land,
    unless Congress shall otherwise provide.
      "Sec. 7. That all improvements on the lands of said band of a
    permanent and substantial character shall be appraised separately
    from the lands upon which the same may be, and shall be listed in
    the names of the members of the band prima facie entitled thereto,
    but the designation of ownership shall be tentative only until the
    true ownership thereof is ascertained and declared, after due
    notice and hearing. The right to have such improvements appraised,
    and to make disposition thereof, shall extend to all members,
    except tenants, owning such improvements at the date of this Act
    [June 4, 1924].
      "Any person held to be the owner of improvements may remove the
    same, where found to be practicable, within ninety days from the
    date they are declared to belong to him, or may, within that
    period, dispose of the same at not more than the appraised value to
    any member of the band entitled to receive an allotment, under
    regulations to be prescribed: Provided, That the vendor shall have
    a lien upon the rents and profits accruing from the tract on which
    such improvements may be located until the purchase price thereof
    is fully paid.
      "Sec. 8. That the lands and money of said band shall be allotted
    and divided among the members thereof so as to give each an equal
    share of the whole in value, as nearly as may be, and to accomplish
    that the value of the standard allotment share shall be determined
    by dividing the total appraised value of all allotted and
    allottable lands by the total number of enrolled members.
      "If any member shall fail to receive his full share of the tribal
    lands, he shall be entitled to the payment of money so as to adjust
    the difference as nearly as possible. If any member shall receive
    an allotment exceeding in value his full share of the tribal lands,
    the difference shall be adjusted by deduction from his distributive
    share of the tribal funds.
      "Sec. 9. That when the tracts available for allotments are
    ascertained, each member of the said band may apply for a tract or
    tracts of land to the extent of thirty acres, as nearly as
    practicable, to include his home and improvements, if he so
    desires, and the selection so made shall be final as to the right
    to occupy and use the land so applied for as against all other
    members if no contest is filed against such selection within ninety
    days from and after formal application is made therefor: Provided,
    That any person claiming the right to select any given tract of
    land by reason of the purchase of improvements thereon shall have
    ninety days to make application therefor from and after the date of
    approval of any sale conveying to him said improvements, and such
    application shall become final as in other cases, subject to the
    right of any other member to contest such selection, ninety days
    from and after the same is duly made. All contests shall be
    instituted and heard pursuant to the rules and regulations of the
    Interior Department applicable thereto. Any allotment selection may
    be modified or limited, in the discretion of those in charge of the
    work, so as to give the selector of adjacent or contiguous lands
    access to firewood and drinking water.
      "Sec. 10. That adults may select their own allotments, where
    mentally capable of so doing, but allotments for minors may be
    selected by their father or mother, in the order named, or by the
    officers in charge of the allotment work. The said officers may
    also select allotments for prisoners, convicts, aged, infirm, and
    insane or otherwise mentally incompetent members and for the
    estates of deceased members and, if necessary to complete any
    allotments or to bring the allotment work to a close, may make
    arbitrary selections for and on behalf of any member of said band.
      "Sec. 11. That allotments may be selected for the members of any
    family, wherever practicable, from contiguous lands or other lands
    held by the head of the family, including both adult and minor
    children and such other relatives as are members of the household:
    Provided, That if any adult child shall claim the benefit of this
    section, he shall not be entitled as a matter of right to have his
    selection made from the lands desired by his father or mother or
    from lands needed by any minor member of the family for allotment
    purposes, but this shall not prevent selection of lands outside the
    family holdings if desired.
      "Sec. 12. That where annuity or other payments to individuals
    have heretofore been suspended because their enrollment status has
    been questioned, the amounts involved in such suspended payments
    shall be paid to individuals found entitled to enrollment or to
    their heirs, and all funds of said band, after making such payments
    and after payments needed for equalizing allotments as hereinbefore
    provided and all other payments herein directed to be made, shall
    be distributed per capita among the enrolled members of said band
    and the heirs of those who shall die before distribution is
    completed, and shall be paid to the distributees or conserved and
    used for their benefit, according to whether they belong to the
    restricted or unrestricted class, at such time and in such manner
    as shall be deemed advisable.
      "Sec. 13. That any member of said band whose degree of Indian
    blood is less than one-sixteenth may, in the discretion of the
    Secretary of the Interior, be paid a cash equivalent in lieu of an
    allotment of land. Any person desiring to avail himself of this
    provision may make application to the officers in charge of the
    allotment work at any time within ninety days after the date of the
    approval of the final roll, and preference shall be given in the
    order of application. The said officers shall have the power to add
    to the register of such names the names of any other members of the
    same class, including minors for whom no application is made for
    such time as may be allowed for the purpose by the regulations.
    Applications should be made in person by adults and for minors by
    their fathers or mothers, in the order named.
      "Sec. 14. That if any member shall claim that he is the owner of
    a so-called private land claim, for the reason that money was
    advanced by him or his ancestor to pay in whole or in part for any
    land the title to which is now in the band, such claim may be
    submitted to and equitably adjusted by the Secretary of the
    Interior, whose decision thereon shall be final and not subject to
    review by the courts. In such adjustment due consideration shall be
    given to matters presented by the band in the way of offsets or
    counterclaims.
      "Sec. 15. That a certificate of allotment shall be issued to each
    allottee upon the expiration of the contest period, if no contest
    is then pending, or, if a contest is then pending, upon final
    disposition thereof, but shall be dated as of the date of
    selection. Each certificate shall contain the name and roll number
    of the allottee, and the legal effect thereof shall be to give the
    allottee the right to occupy and use the surface of the land
    described therein, as against each and every other member of the
    band, but not as against the band itself, or against the United
    States: Provided, That the Secretary of the Interior may cancel any
    certificate of allotment at any time before title to the land
    described therein is conveyed to the allottee, if in his judgment
    said land should be reserved for allotment for any purpose herein
    authorized or for any other good and sufficient reason, but before
    such action is taken the allottee shall have due notice and
    opportunity to be heard. If any such certificate shall be revoked,
    the allottee may select other lands as if no certificate had been
    issued to him.
      "Sec. 16. That as soon as practicable after a certificate of
    allotment is issued there shall be issued to the allottee a deed
    conveying all right, title, and interest of the United States, as
    trustee, and of the band, and of every other member thereof, in and
    to the land described in said certificate. Each deed shall recite
    the roll number and degree of Indian blood of the grantee and shall
    be executed by or in the name of the Secretary of the Interior, who
    is hereby authorized to designate any clerk or employee of the
    department to sign his name for him to all such deeds.
      "Each deed, when so issued, shall be recorded in the office of
    the recorder of deeds for the county in which the land conveyed
    thereby is located. When so recorded title to the land shall vest
    in the allottee subject to the conditions, limitations, and
    restrictions herein imposed. Upon the recording of any deed it
    shall be the duty of the officers representing the Government of
    the United States to deliver it to the allottee named therein.
      "Sec. 17. That if any member enrolled as provided in this Act
    shall die before receiving his distributive share of the band or
    tribal property, the land and moneys to which he would be entitled,
    if living, shall descend to his heirs according to the laws of the
    State of North Carolina and be distributed to them accordingly, but
    in all such cases the allotment and deed therefor shall be made in
    the name of the deceased ancestor and shall be given the same force
    and effect as if made during his lifetime: Provided, That the
    provisions of the Act of Congress approved June 25, 1910 (Thirty-
    sixth Statutes, page 855), as amended by the Act of Congress of
    February 14, 1913 (Thirty-seventh Statutes, page 678), relating to
    the determination of heirs and approval of wills by the Secretary
    of the Interior, and to other matters, are hereby made applicable
    to the persons and estates of the members of the said band, and in
    the construction of said Acts no distinction shall be made between
    restricted lands and moneys and those conveyed or held in trust.
      "Sec. 18. That leases of lands allotted under this Act may be
    made during the restricted period for any purpose and for any term
    of years, under rules and regulations to be prescribed by the
    Secretary of the Interior: Provided, That such leases shall be
    executed on behalf of minors and other incompetents, including any
    Indian deemed to be incapable, mentally or physically, of managing
    his business affairs properly and with benefit to himself and in
    their names, by a duly authorized representative of the Indian
    Service designated by said Secretary for the purpose: Provided
    further, That all leases of unpartioned estates shall be so made
    and approved unless all of the Indian heirs or owners are of the
    unrestricted class, and shall be subject to supervision during the
    restricted period the same as leases made on other restricted
    lands, but all rents and royalties accruing therefrom to
    unrestricted owners shall be paid, by the proper officers of the
    Indian Service, to such owners at the earliest date practicable
    after the collection thereof.
      "Parents may use the lands allotted to their children and receive
    the rents and profits arising herefrom during the minority of such
    children: Provided, That this privilege may be revoked by the
    Commissioner of Indian Affairs at any time while said lands are
    restricted for such cause as may by him be deemed good and
    sufficient.
      "Sec. 19. That lands allotted under this Act shall not be
    alienable, either by voluntary or enforced sale by the allottee or
    his heirs or otherwise, for a period of twenty-five years from and
    after the date when the deed conveying such land to the allottee is
    recorded as directed herein: Provided, That upon the completion of
    the allotments and the recording of the deeds as herein directed
    each allottee shall become a citizen of the United States and a
    citizen of the particular State wherein he (or she) may reside,
    with all the rights, privileges, and immunities of such citizens:
    Provided further, That the Secretary of the Interior may, in his
    discretion, at any time after a deed is recorded remove the
    restrictions on the lands described therein, either with or without
    application by the owner or owners, under such rules and
    regulations or special orders governing the terms of sale and the
    disposition of the proceeds as he shall prescribe.
      "Sec. 20. That lands allotted under this Act shall not be
    subjected or held liable to any form of personal claim, or demand,
    against the allottee, arising or existing prior to the removal of
    restrictions; and any attempted alienation or incumbrance of
    restricted land by deed, mortgage, contract to sell, power of
    attorney, or other method of incumbering real estate, except leases
    specifically authorized by law, made before or after the approval
    of this Act and prior to removal of restrictions therefrom, shall
    be absolutely null and void.
      "Sec. 21. That all lands, and other property, of the band, or the
    members thereof, except funds held in trust by the United States,
    may be taxed by the State of North Carolina, to and including the
    tax year following the date of this Act. Such taxes shall be paid
    from the common funds of said band for such period, except upon
    such tracts as shall have been lawfully sold prior to the date when
    tax assessments can be made thereon under the State law. All tax
    assessments made pursuant to this Act on restricted allotments or
    undivided tribal property held in trust by the United States shall
    be subject to revision by the Commissioner of Indian Affairs for a
    period of one year following the date when such assessments are
    spread on the local tax rolls, but if he shall take no action
    thereon during said year, such assessments shall be final, but this
    shall not be construed to deprive any allottee of any remedy to
    which he would be entitled under the State law: Provided, That such
    restricted and undivided property shall be exempt from sale for
    unpaid taxes for two years from the date when such taxes become due
    and payable, and no penalty for delinquency in the payment of such
    taxes shall be charged or collected for or during said period, so
    that Congress may have an opportunity to make provision for the
    payment of such taxes if the band, or tribal, funds are found
    insufficient for the purpose.
      "After the expiration of the tax year following that in which
    this Act is approved all lands allotted to members of said band,
    from which restrictions shall have been removed, shall be subject
    to taxation the same as other lands. But from and after the
    expiration of said tax year all restricted allotments and undivided
    property shall be exempt from taxation until the restrictions on
    the alienation of such allotments are removed or the title of the
    band to such undivided property is extinguished.
      "Sec. 22. That the removal of restrictions upon allotted lands
    shall not deprive the United States of the duty or authority to
    institute and prosecute such action in its own name, in the courts
    of the United States, as may be necessary to protect the rights of
    the allottees, or of their heirs, until the said band shall be
    dissolved by congressional action, unless the order removing such
    restrictions is based upon an express finding that the Indian to
    whom it relates if fully competent and capable of managing his own
    affairs.
      "Sec. 23. That the authority of the Eastern Band of Cherokee
    Indians of North Carolina to execute conveyances of lands owned by
    said band, or any interest therein, is recognized, and any such
    conveyance heretofore made, whether to the United States or to
    others, shall not be questioned in any case where the title
    conveyed or the instrument of conveyance has been or shall be
    accepted or approved by the Secretary of the Interior.
      "Sec. 24. That the reinvestment of the proceeds arising from the
    sale of surplus and unallotted lands of said band in other lands in
    the vicinity of the Indian school at Cherokee, North Carolina, is
    hereby authorized, in the discretion of the Secretary of the
    Interior, and lands so purchased may be allotted as provided for
    herein respecting the allotment of lands now owned by said band.
      "Sec. 25. That all things provided for herein shall be done under
    the direction of the Secretary of the Interior, who is authorized
    to prescribe needed rules and regulations.
      "All questions as to enrollment and as to all other matters
    involving the disposition of the lands or moneys of said band, or
    of the members thereof, shall be decided by the Secretary of the
    Interior, and such decision as to any matter of fact or law shall
    be final.
      "Sec. 26. That in addition to any sum or sums heretofore or
    hereafter regularly appropriated for salaries and expenses, there
    is hereby authorized to be appropriated, from the funds of the
    United States in the Treasury not otherwise appropriated, the sum
    of $10,000, or so much thereof as may be necessary, for the payment
    of such expenses as shall be necessarily incurred, including the
    salaries of additional employees in the administration of this
    Act."

                       FLATHEAD RESERVATION, MONTANA                   
      Act Feb. 25, 1920, ch. 87, 41 Stat. 452, provided for allotments
    on the Flathead Reservation, Montana, to all unallotted, living
    children, enrolled with the tribe, enrolled or entitled to
    enrollment.

                     FORT BELKNAP RESERVATION, MONTANA                 
      Act Mar. 3, 1921, ch. 135, 41 Stat. 1355, provided for the
    enrollment of the Indians of the Gros Ventre and Assiniboine Tribes
    in the Fort Belknap Reservation, Montana, and for the allotment
    among such enrolled Indians of the unreserved and undisposed of
    lands on the reservation; declared the Indians to whom trust
    patents for such allotted lands shall be issued to be citizens of
    the United States; provided for reservation from allotment of lands
    chiefly valuable for the development of water power, and for Indian
    agency, school, religious, cemetery and administrative purposes;
    provided for the reservation of certain of the lands for park
    purposes and for a site for a sanatorium for the benefit of the
    Indians; provided for the issue of patents for a certain limited
    number of acres of the lands to missionary, religious and
    educational purposes; provided for the examination of the lands,
    prior to their allotment, to determine the mineral character
    thereof; provided for the reservation of coal on the lands for
    certain purposes; provided that the timber lands shall remain
    tribal property and for the use of the timber thereon by the
    Indians; provided for the reservation and disposition of town-sites
    on the lands; provided for the construction of irrigation projects
    on the lands; provided for the grant of certain of the lands to the
    State of Montana for school lands and made an appropriation to
    carry out the purposes of the act.

                      KANSAS OR KAW TRIBE OF OKLAHOMA                  
      Act Mar. 4, 1923, ch. 297, 42 Stat. 1561, extended period of
    restriction against alienation of lands allotted to minor members
    of Kansas or Kaw Tribe of Oklahoma for a period of twenty-five
    years from Mar. 4, 1923.

                     LAC DU FLAMBEAU BAND OF WISCONSIN                 
      Act May 19, 1924, ch. 158, 43 Stat. 132, as amended by Pub. L. 87-
    25, Apr. 24, 1961, 75 Stat. 46, provided for enrollment and
    allotment of members of Lac du Flambeau Band of Lake Superior
    Chippewas in Wisconsin.

                      OSAGE INDIAN TRIBE OF OKLAHOMA                  
      Pub. L. 98-576, Oct. 30, 1984, 98 Stat. 3065, provided: "That (a)
    any Osage headright or restricted real estate or funds which is
    part of the estate of a deceased Osage Indian with respect to whom -
     
        "(1) a certificate of competency had never been issued before
      the time of death, or
        "(2) a certificate of competency had been revoked by the
      Secretary of the Interior before the death of such Osage Indian,
    shall be exempt from any estate or inheritance tax imposed by the
    State of Oklahoma.
      "(b) Subsection (a) shall apply to the estate of any Osage Indian
    who dies on or after the date of the enactment of this Act [Oct.
    30, 1984].
      "Sec. 2. For purposes of this Act - 
        "(1) the term 'headright' means any right of any person to
      share in any royalties, rents, sales, or bonuses arising from the
      Osage mineral estate;
        "(2) the term 'Osage mineral estate' means any right, title, or
      interest in any oil, gas, coal, or other mineral held by the
      United States in trust for the benefit of the Osage Tribe of
      Indians under section 3 of the Osage Tribe Allotment Act;
        "(3) the term 'restricted real estate or funds' means any real
      estate or fund held by an Osage Indian or by the Secretary of the
      Interior in trust for the benefit of such Indian which is subject
      to any restriction against alienation, or transfer by any other
      means, under any Act of Congress applicable to the Osage Tribe of
      Indians or applicable generally to Indians or any bands, tribes,
      or nations of Indians; and
        "(4) the term 'Osage Tribe Allotment Act' means the Act
      approved June 28, 1906, and entitled 'An Act for the division of
      the lands and funds of the Osage Indians in Oklahoma Territory,
      and for other purposes' (34 Stat. 539)."

      Pub. L. 95-496, Secs. 3-11, Oct. 21, 1978, 92 Stat. 1660-1664, as
    amended by Pub. L. 98-605, Sec. 2, Oct. 30, 1984, 98 Stat. 3163,
    provided that:
      "Sec. 3. (a) [Repealed act Feb. 5, 1948, ch. 46, 62 Stat. 18,
    formerly set out below.]
      "(b) Any Osage Indian having received a certificate of competency
    under paragraph 7 of section 2 of the Act of June 28, 1906 (34
    Stat. 539, 542); section 3 of the Act of March 2, 1929 (45 Stat.
    1478, 1480) [amending act Feb. 27, 1925, ch. 359, 43 Stat. 1008,
    which is set out below]; or the Act of February 5, 1948 (62 Stat.
    18) [Act Feb. 5, 1948, ch. 46, 62 Stat. 18], may make application
    to the Secretary of the Interior to revoke such certificate and the
    Secretary shall revoke such certificate: Provided, That revocation
    of any certificate shall not affect the legality of any
    transactions heretofore made by reason of the issuance of any such
    certificate. Restrictions against alienation of lands heretofore
    removed are not reimposed.
      "(c) [Amended act Feb. 27, 1925, set out below, act Mar. 2, 1929,
    ch. 493, Sec. 4, 45 Stat. 1480, and June 24, 1938, ch. 645, Secs.
    1, 3, 52 Stat. 1034, 1035.
      "Sec. 4. In order to conserve natural resources and provide for
    the greatest ultimate recovery of oil and gas underlying the Osage
    mineral estate, the Secretary of the Interior is authorized to
    establish rules and regulations under which oil and gas leases
    producing from a common source of supply may be unitized.
      "Sec. 5. (a) [Amended act Apr. 18, 1912, ch. 83, Sec. 8, 37 Stat.
    88.]
      "(b) [Amended act Apr. 18, 1912, ch. 83, Sec. 3, 37 Stat. 86.]
      "(c) [Amended act Feb. 27, 1925, set out below.]
      "(d)(1) Notwithstanding any provision of - 
        "(A) section 3 or 8 of the Osage Indians Act of 1912 (as
      amended by subsections (b) and (a), respectively) [not classified
      to the Code], or
        "(B) section 7 of the Osage Indians Act of 1925 (as amended by
      subsection (c)) [act Feb. 27, 1925, set out below],
    any sale or transfer or any disposition by any other means of any
    headright shall be subject to section 7 of this Act [set out
    below].
      "(2) Notwithstanding section 6(a) of this Act [set out below] or
    section 8 of the Osage Indians Act of 1912, no Osage Indian may - 
        "(A) provide for the transfer of any interest of such person in
      any headright - 
          "(i) by will to any person which is not an individual, or
          "(ii) by the establishment of an inter vivos trust for the
        benefit of any person which is not an individual; or
        "(B) provide, whether by the terms of a will, the terms of a
      testamentary trust established by a will, or by the terms of an
      instrument establishing an inter vivos trust, that any interest
      in any headright - 
          "(i) which such Osage Indian had (at the time of death of
        such person or at the time any such inter vivos trust was
        established), and
          "(ii) in which any individual was granted a life estate by
        such Osage Indian,
      may be transferred to or held for the benefit of any individual
      who is not an Osage Indian upon the death of the individual who
      held such life estate.
      "Sec. 6. (a) With the approval of the Secretary of the Interior,
    any person of Osage Indian blood, eighteen years of age or older,
    may establish an inter vivos trust covering his headright or
    mineral interest except as provided in section 8 hereof; surplus
    funds; invested surplus funds; segregated trust funds; and allotted
    or inherited land, naming the Secretary of the Interior as trustee.
    An Osage Indian having a certificate of competency may designate a
    banking or trust institution as trustee. Said trust shall be
    revocable and shall make provision for the payment of funeral
    expenses, expenses of last illness, debts, and an allowance to
    members of the family dependent on the settlor.
      "(b) Property placed in trust as provided by this section shall
    be subject to the same restrictions against alienation that
    presently apply to lands and property of Osage Indians, and the
    execution of such instrument shall not in any way affect the tax-
    exempt status of said property.

       "RULES GOVERNING DEVOLUTION OF INTERESTS IN OSAGE HEADRIGHTS   
      "Sec. 7. (a) General Rule. - No person who is not an Osage Indian
    may, on or after October 21, 1978, receive any interest in any
    headright, other than a life estate in accordance with subsection
    (b), whether such interest would be received by such person (but
    for this subsection) under a will, a testamentary or inter vivos
    trust, or the Oklahoma laws of intestate succession.
      "(b) Exception for Life Estates. - Notwithstanding subsection (a)
    and subject to section 5(d)(2) [set out above], an individual who
    is not an Osage Indian may receive a life estate in any headright
    held by a testator, settlor, or decedent who is or was an Osage
    Indian under a will, or under a testamentary trust established by a
    will, of such testator, an inter vivos trust established by such
    settlor, or the Oklahoma laws of intestate succession relating to
    the administration of the estate of such decedent.
      "(c) Special Rules Governing Interests in Osage Headright Upon
    Death of Individual Who Held Life Estate in Such Headright. - 
        "(1) Designated osage remaindermen. - Upon the death of any
      individual who is not an Osage Indian and who held a life estate
      in any headright of a testator or settlor described in subsection
      (b), all remaining interests in such headright shall vest in any
      remaindermen who - 
          "(A) are designated in the will of the testator or the
        instrument establishing the trust of the settlor to receive
        such remainder interest, and
          "(B) are Osage Indians.
        "(2) No designated osage remaindermen. - Upon the death of any
      individual who is not an Osage Indian and who held a life estate
      in any headright of a testator, settlor, or decedent described in
      subsection (b) who - 
          "(A) did not designate any remainderman who is an Osage
        Indian to receive any remaining interest in such headright in
        the will of such testator or instrument of such settlor, or
          "(B) died intestate,
      all remaining interests in such headright shall vest in any
      heirs, as determined under the Oklahoma laws of intestate
      succession, of such testator, settlor, or decedent who are Osage
      Indians.
        "(3) No heir who is an osage indian. - Upon the death of any
      individual who is not an Osage Indian and who held a life estate
      in any headright of an Osage testator, settlor, or decedent
      described in subsection (b) who - 
          "(A) designated no remainderman who is an Osage Indian for
        any remaining interest in such headright, and
          "(B) had no heir under the Oklahoma laws of intestate
        succession who is an Osage Indian and is living at the time of
        death of the individual who held such life estate,
      all remaining interests in such headright shall vest in the Osage
      Tribe of Indians.
      "(d) Liability of Tribe in Case of Remainderman or Heir Who is
    Not an Osage Indian. - In any case in which - 
        "(1) any remainder interest of a testator, settlor, or decedent
      described in subsection (b) vests in the Osage Tribe of Indians
      under subsection (c)(3), and
        "(2) an individual who is not an Osage Indian and who, but for
      this section, would have received any portion of such remaining
      interest in the headright by virtue of - 
          "(A) having been designated under the will of such testator,
        or the instrument of such settlor which established any such
        trust, to receive such remainder interest, or
          "(B) being the heir of such decedent under the Oklahoma laws
        of intestate succession,
    the tribe shall pay any such individual the fair market value of
    the portion of the interest in such headright such individual would
    have received but for this section.
      "Sec. 8. (a)(1) No headright owned by any person who is not of
    Indian blood may be sold, assigned, or transferred without the
    approval of the Secretary. Any sale of any interest in such
    headright (and any other transfer which divests such person of any
    right, title, or interest in such headright) shall be subject to
    the following rights of purchase:
        "(1) First right of purchase by the heirs in the first degree
      of the first Osage Indian to have acquired such headright under
      an allotment who are living and are Osage Indians, or, if they
      all be deceased, all heirs in the second through the fourth
      degree of such first Osage Indian who are living and are Osage
      Indians.
        "(2) Second right of purchase by any other Osage Indian for the
      benefit of any Osage Indian in his or her individual capacity.
        "(3) Third right of purchase by the Osage Tribal Council on
      behalf of the Osage Tribe of Indians.
    No owner of any headright shall be required, by reason of this
    subsection, to sell such headright for less than its fair market
    value or to delay any such sale more than 90 days from the date by
    which notice of intention to sell (or otherwise transfer) such
    headright has been received by each person with respect to whom a
    right of purchase has been established under this subsection.
      "(b) Notwithstanding the paragraph designated 'First' of section
    4 of the Osage Tribe Allotment Act or any other provision of law,
    any income from the Osage mineral estate may be used for the
    purchase of any headright offered for sale to the Osage Tribal
    Council pursuant to subsection (a) or vested in the Osage Tribe
    pursuant to section 7 if, prior to the time that any income from
    the Osage mineral estate is segregated for distribution to holders
    of headrights, the Osage Tribal Council requests the Secretary to
    authorize such use of such funds and the Secretary approves such
    request.
      "Sec. 9. Under such regulations as the Secretary of the Interior
    may prescribe, the heirs and legatees of any deceased owner of an
    Osage headright or mineral interest, real estate on which
    restrictions against alienation have not been removed, and funds on
    deposit at the Osage Agency may be determined by the Secretary if
    such aggregate interests do not exceed $10,000: Provided, That no
    court of competent jurisdiction has undertaken the probate of the
    deceased's estate and a request for such administrative
    determination has been made to the Secretary by one or more of the
    heirs or legatees."
      "Sec. 10. Except where any provision of this Act explicitly
    provides otherwise, wherever the term 'Osage Indian' is used in
    this Act, such term shall be construed so as to include any child
    who has been adopted by an Osage Indian (pursuant to the decision
    of any court of competent jurisdiction) and any lineal descendant
    of such child.
      "Sec. 11. For purposes of this Act - 
        "(1) the term 'Osage mineral estate' means any right, title, or
      interest in any oil, gas, coal, or other mineral held by the
      United States in trust for the benefit of the Osage Indian Tribe
      under section 3 of the Osage Tribe Allotment Act;
        "(2) the term 'headright' means any right of any person to
      share in any royalties, rents, sales, or bonuses arising from the
      Osage mineral estate;
        "(3) the term 'Secretary' means the Secretary of the Interior;
        "(4) the term 'person' has the meaning given to such term in
      section 1 of title 1, United States Code;
        "(5) the term 'Osage Tribe Allotment Act' means the Act
      approved June 28, 1906, and entitled 'An Act For the division of
      the lands and funds of the Osage Indians in Oklahoma Territory,
      and for other purposes.' (34 Stat. 539);
        "(6) the term 'Osage Indians Act of 1912' means the Act
      approved April 18, 1912, and entitled 'An Act Supplementary to
      and amendatory of the Act entitled "An Act for the division of
      the lands and funds of the Osage Nation of Indians in Oklahoma,"
      approved June twenty-eighth, nineteen hundred and six, and for
      other purposes.' (37 Stat. 86); and
        "(7) the term 'Osage Indians Act of 1925' means the Act
      approved February 27, 1925, and entitled 'An Act To amend the Act
      of Congress of March 3, 1921, entitled "An Act to amend section 3
      of the Act of Congress of June 28, 1906, entitled 'An Act of
      Congress for the division of the lands and funds of the Osage
      Indians in Oklahoma, and for other purposes.' " ' (43 Stat. 1008)
      [set out below]."

      Pub. L. 95-496, Sec. 3(a), Oct. 21, 1978, 92 Stat. 1660, repealed
    act Feb. 5, 1948, ch. 46, 62 Stat. 18, which related to issuance of
    certificates of competency to members of the Osage Tribe of less
    than one-half Indian blood upon attaining age twenty-one.
      Act Aug. 4, 1947, ch. 474, Sec. 1, 61 Stat. 747, as amended by
    Pub. L. 85-857, Sec. 13(n), Sept. 2, 1958, 72 Stat. 1266, provided:
    "That the provisions of section 6 of the Act approved February 27,
    1925 (43 Stat. 1008) [set out in note below], as amended by section
    5 of the Act approved March 2, 1929, (45 Stat. 1478) [set out in
    note below], which make invalid contracts of debt entered into by
    certain members of the Osage Tribe of Indians, shall not apply to
    any debt contracted pursuant to title III of the Servicemen's
    Readjustment Act of 1944 or chapter 37 of title 38, United States
    Code, by any member of such tribe who, by reason of his service in
    the armed forces of the United States during World War II, is
    eligible for the benefits of such title III or chapter 37; and any
    other member of the Osage Tribe upon attaining the age of twenty-
    one years may contract a valid debt without approval of the
    Secretary of the Interior: Provided, That the Osage lands and funds
    and any other property which has heretofore or which may hereafter
    be held in trust or under supervision of the United States for such
    Osage Indians not having a certificate of competency shall not be
    subject to lien, levy, attachment, or forced sale to satisfy any
    debt or obligation contracted or incurred prior to the issuance of
    a certificate of competency."
      Act Feb. 27, 1925, ch. 359, 43 Stat. 1008, as amended by acts
    Mar. 2, 1929, ch. 493, Secs. 3, 4, 45 Stat. 1480; Sept. 1, 1950,
    ch. 832, 64 Stat. 572; Oct. 21, 1978, Pub. L. 95-496, Secs. 3(c),
    5(c), formerly 5(7), 92 Stat. 1661, 1662; Oct. 30, 1984, Pub. L. 98-
    605, Secs. 2(b), 4, 98 Stat. 3163, 3167, provided that:
      "The Secretary of the Interior shall cause to be paid at the end
    of each fiscal quarter to each adult member of the Osage Tribe of
    Indians in Oklahoma having a certificate of competency, his or her
    pro rata share, either as a member of the tribe or heir or devisee
    of a deceased member, of the interest on trust funds, the bonus
    received from the sale of oil or gas leases, the royalties
    therefrom and any other moneys due such Indian received during each
    fiscal quarter, including all moneys received prior to the passage
    of this Act and remaining unpaid; and so long as the accumulated
    income is sufficient the Secretary of the Interior shall cause to
    be paid to the adult members of said tribe not having a certificate
    of competency $1,000 quarterly, except where such adult members
    have legal guardians, in which case the amounts provided for herein
    may be paid to the legal guardian or direct to such Indian in the
    discretion of the Secretary of the Interior, the total amounts of
    such payments, however, shall not exceed $1,000 quarterly except as
    hereinafter provided; and shall cause to be paid for the
    maintenance and education, to either one of the parents or legal
    guardians actually having personally in charge, enrolled or
    unenrolled, minor member under twenty-one years of age, and above
    eighteen years of age, $1,000 quarterly out of the income of each
    of said minors, and out of the income of minors under eighteen
    years of age, $500 quarterly, and so long as the accumulated income
    of the parent or parents of a minor who has no income or whose
    income is less than $500 per quarter is sufficient, shall cause to
    be paid to either of said parents having the care and custody of
    such minor $500 quarterly, or such proportion thereof as the income
    of such minor may be less than $500, in addition to the allowances
    above provided for such parents. Rentals due such adult members
    from their lands and their minor children's lands and all income
    from such adults' investments shall be paid to them in addition to
    the allowance above provided. All payments to legal guardians of
    Osage Indians shall be expended subject to the joint approval in
    writing of the court and the superintendent of the Osage Agency.
    All payments to adults not having certificates of competency,
    including amounts paid for each minor, shall, in case the Secretary
    of the Interior finds that such adults are wasting or squandering
    said income, be subject to the supervision of the superintendent of
    the Osage Agency: Provided, That if an adult member, not having a
    certificate of competency, so desires, his entire income
    accumulating in the future from the sources herein specified may be
    paid to him without supervision, unless the Secretary of the
    Interior shall find, after notice and hearing, that such member is
    wasting or squandering his income, in which event the Secretary of
    the Interior shall pay to such member only the amounts hereinbefore
    specified to be paid to adult members not having certificates of
    competency. The Secretary of the Interior shall invest the
    remainder, after paying the taxes of such members, in United States
    bonds, Oklahoma State bonds, real estate, first mortgage real
    estate loans not to exceed 50 per centum of the appraised value of
    such real estate, and where the member is a resident of Oklahoma
    such investment shall be in loans on Oklahoma real estate, stock in
    Oklahoma building and loan associations, livestock, or deposit the
    same in banks in Oklahoma, or expend the same for the benefit of
    such member, such expenditures, investments, and deposits to be
    made under such restrictions, rules, and regulations as he may
    prescribe: Provided, That the Secretary of the Interior shall not
    make any investment for an adult member without first securing the
    approval of such member of such investment: Provided further, That
    at the beginning of each fiscal year there shall first be reserved
    and set aside, out of Osage tribal funds available for that
    purpose, a sufficient amount of money for the expenditures
    authorized by Congress out of Osage funds for that fiscal year. No
    guardian shall be appointed except on the written application or
    approval of the Secretary of the Interior for the estate of a
    member of the Osage Tribe of Indians who does not have a
    certificate of competency or who is of one-half or more Indian
    blood. All moneys now in the possession or control of legal
    guardians heretofore paid to them in excess of $4,000 per annum
    each for adults and $2,000 each for minors under the Act of
    Congress of March 3, 1921, relating to the Osage Tribe of Indians,
    shall be returned by such guardians to the Secretary of the
    Interior, and all property, bonds, securities, and stock purchased,
    or investments made by such guardians out of said moneys paid them
    shall be delivered to the Secretary of the Interior by them, to be
    held by him or disposed of by him as he shall deem to be for the
    best interest of the members to whom the same belongs. All bonds,
    securities, stocks, and property purchased and other investments
    made by legal guardians shall not be subject to alienation, sale,
    disposal, or assignment without the approval of the Secretary of
    the Interior. Any indebtedness heretofore lawfully incurred by
    guardians shall be paid out of the funds of the members for whom
    such indebtedness was incurred by the Secretary of the Interior.
    All funds other than as above mentioned, and other property
    heretofore or hereafter received by a guardian of a member of the
    Osage Tribe of Indians, which was theretofore under the supervision
    and control of the Secretary of the Interior or the title to which
    was held in trust for such Indian by the United States, shall not
    thereby become divested of the supervision and control of the
    Secretary of the Interior or the United States be relieved of its
    trust; and such guardian shall not sell, dispose of or otherwise
    encumber such fund or property without the approval of the
    Secretary of the Interior, and in accordance with orders of the
    county court of Osage County, Oklahoma. In case of the death,
    resignation, or removal from office of such a guardian, the funds
    and property in his possession subject to supervision and control
    of the Secretary of the Interior or to which the United States held
    the title in trust shall be immediately delivered to the
    superintendent of the Osage Agency, to be held by him and
    supervised or invested as hereinbefore provided. Within thirty days
    after the passage of this Act, such guardian shall render and file
    with the Secretary of the Interior or the superintendent of the
    Osage Agency a complete accounting, fully itemized, under oath, for
    the funds so paid to him and pay to the said Secretary or
    superintendent any and all moneys in his hands at the time of the
    passage of this Act, which have been paid him in excess of $4,000
    per annum each for adults and $2,000 each for minors. The said
    guardian shall at the same time tender to said Secretary or
    superintendent all property or whatsoever kind in his possession at
    the time of the passage of this Act, representing the investment by
    him of said funds. The Secretary or superintendent is hereby
    authorized to accept such property or any part thereof at the price
    paid therefore by said guardian for the benefit of the ward of such
    guardian, if in his judgment he deems it advisable, and to make
    such settlement with such guardian as he deems best for such ward.
    Failing to make satisfactory settlement with said guardian as to
    said investments or any part thereof, the Secretary is authorized
    to bring such suit or suits against said guardian, his bond, and
    other parties in interest as he may deem necessary for the
    protection of the interests of the ward and may bring such action
    in any State court of competent jurisdiction or in the United
    States district court for the district in which said guardian
    resides.
      "The Secretary of the Interior be, and is hereby, authorized, in
    his discretion, under such rules and regulations as he may
    prescribe, upon application of any member of the Osage Tribe of
    Indians not having a certificate of competency, to pay all or any
    part of the funds held in trust for such Indian: Provided, That the
    Secretary of the Interior shall, within one year after this Act is
    approved, pay to each enrolled Indian of less than half Osage
    blood, one-fifth part of his or her proportionate share of
    accumulated funds. And such Secretary shall on or before the
    expiration of ten years from the date of the approval of this Act,
    advance and pay over to such Osage Indians of less than one-half
    Osage Indian blood, all of the balance appearing to his credit of
    accumulated funds, and shall issue to such Indian a certificate of
    competency: And provided further, That nothing herein contained
    shall be construed to interfere in any way with the removal by the
    Secretary of the Interior of restrictions from and against any
    Osage Indian at any time.
      "Sec. 2. Upon the death of an Osage Indian who does not have a
    certificate of competency, his or her moneys and funds and other
    property accrued and accruing to his or her credit and which have
    heretofore been subject to supervision as provided by law may be
    paid to the administrator or executor of the estate of such
    deceased Indian or direct to his heirs or devisees, or may be
    retained by the Secretary of the Interior in the discretion of the
    Secretary of the Interior, under regulations to be promulgated by
    him: Provided, That the Secretary of the Interior shall pay to
    administrators and executors of the estates of such deceased Osage
    Indians a sufficient amount of money out of such estates to pay all
    lawful indebtedness and costs and expenses of administration when
    approved by him; and, out of the shares belonging to heirs or
    devisees, above referred to, he shall pay the costs and expenses of
    such heirs or devisees, including attorney fees, when approved by
    him, in the determination of heirs or contest of wills. Upon the
    death of any Osage Indian of less than one-half of Osage Indian
    blood or upon the death of an Osage Indian who has a certificate of
    competency, his moneys and funds and other property accrued and
    accruing to his credit shall be paid and delivered to the
    administrator or executor of his estate to be administered upon
    according to the laws of the State of Oklahoma: Provided, That upon
    the settlement of such estate any funds or property subject to the
    control or supervision of the Secretary of the Interior on the date
    of the approval of this Act, which have been inherited by or
    devised to any adult or minor heir or devisee who does not have a
    certificate of competency, and which have been paid or delivered by
    the Secretary of the Interior to the administrator or executor
    shall be paid or delivered by such administrator or executor to the
    Secretary of the Interior for the benefit of such Indian and shall
    be subject to the supervision of the Secretary as provided by law.
      "Sec. 3. Lands devised to members of the Osage Tribe who do not
    have certificates of competency, under wills approved by the
    Secretary of the Interior, and lands inherited by such Indians,
    shall be inalienable unless such lands be conveyed with the
    approval of the Secretary of the Interior. Property of Osage
    Indians not having certificates of competency purchased as
    hereinbefore set forth shall not be subject to the lien of any
    debt, claim, or judgment except taxes, or be subject to alienation,
    without the approval of the Secretary of the Interior.
      "Sec. 4. Whenever the Secretary of the Interior shall find that
    any member of the Osage Tribe, to whom has been granted a
    certificate of competency, is squandering or misusing his or her
    funds, he may revoke such certificate of competency after notice
    and hearing in accordance with such rules and regulations as he may
    prescribe, and thereafter the income of such member shall be
    subject to supervision and investment as herein provided for
    members not having certificates of competency to the same extent as
    if a certificate of competency had never been granted: Provided,
    That all just indebtedness of such member existing at the time his
    certificate of competency is revoked shall be paid by the Secretary
    of the Interior, or his authorized representative, out of the
    income of such member, in addition the quarterly income
    hereinbefore provided for: And provided further, That such
    revocation or cancellation of any certificate of competency shall
    not affect the legality of any transactions theretofore made by
    reason of the issuance of any certificate of competency.
      "Sec. 5. No person convicted of having taken, or convicted of
    causing or procuring another to take, the life of an Osage Indian
    shall inherit from or receive any interest in the estate of the
    decedent, regardless of where the crime was committed and the
    conviction obtained.
      "Sec. 6. No contract for debt hereafter made with a member of the
    Osage Tribe of Indians not having a certificate of competency,
    shall have any validity, unless approved by the Secretary of the
    Interior. In addition to the payment of funds heretofore
    authorized, the Secretary of the Interior is hereby authorized in
    his discretion to pay, out of the funds of a member of the Osage
    Tribe not having a certificate of competency, any indebtedness
    heretofore or hereafter incurred by such member by reason of his
    unlawful acts of carelessness or negligence.
      "Sec. 7. Except as provided in sections 5(d) and 7 of the Act
    approved October 21, 1978, and entitled 'An Act to amend certain
    laws relating to the Osage Tribe of Oklahoma, and for other
    purposes.', on or after October 21, 1978 [Pub. L. 95-496, set out
    above], none but heirs of Indian blood and children legally adopted
    by a court of competent jurisdiction and parents, Indian or non-
    Indian, shall inherit, in accordance with the laws of the State of
    Oklahoma relating to intestate succession from Osage Indians any
    right, title, or interest to any restricted land, moneys, or Osage
    headright or mineral interest. No adopted child of any Osage Indian
    who is not an Osage Indian shall be eligible to inherit, as the
    collateral heir (within the meaning of the laws of the State of
    Oklahoma relating to intestate succession) of any Osage Indian
    decedent, any property or interest in property held in trust by the
    Secretary of the Interior for the benefit of such decedent."
      Act Mar. 2, 1929, ch. 493, Sec. 5, 45 Stat. 1481, provided that:
    "The restrictions concerning lands and funds of allotted Osage
    Indians, as provided in this Act and all prior Acts now in force,
    shall apply to unallotted Osage Indians born since July 1, 1907, or
    after the passage of this Act, and to their heirs of Osage Indian
    blood, except that the provisions of section 6 of the Act of
    Congress approved February 27, 1925 [set out below], with reference
    to the validity of contracts for debt, shall not apply to any
    allotted or unallotted Osage Indian of less than one-half degree
    Indian blood: Provided, That the Osage lands and funds and any
    other property which has heretofore or which may hereafter be held
    in trust or under supervision of the United States for such Osage
    Indians of less than one-half degree Indian blood not having a
    certificate of competency shall not be subject to forced sale to
    satisfy any debt or obligation contracted or incurred prior to the
    issuance of a certificate of competency: Provided further, That the
    Secretary of the Interior is hereby authorized in his discretion to
    grant a certificate of competency to any unallotted Osage Indian
    when in the judgment of the said Secretary such member is fully
    competent and capable of transacting his or her own affair."
      Act Apr. 12, 1924, ch. 95, 43 Stat. 94, provided that any right
    to an interest in lands, money, or mineral interests, as provided
    in act June 28, 1906, ch. 3572, 34 Stat. 539 (Osage Indians), and
    in the amendatory and supplemental acts, vested in, determined, or
    adjudged to be the right or property of any person not an Indian by
    blood, may, with the approval of the Secretary of the Interior, and
    not otherwise, be sold, assigned, and transferred under such rules
    and regulations as the Secretary of the Interior may prescribe.

                       PUEBLO INDIANS OF NEW MEXICO                   
      Act May 31, 1933, ch. 45, Secs. 4, 5, 6, 8, 9, 48 Stat. 109, 110,
    111, as amended by Pub. L. 91-550, Dec. 15, 1970, 84 Stat. 1437, in
    addition to authorizing appropriations to pay in part the liability
    of the United States to the Indian pueblos, provided:
      "Sec. 4. (a) That, for the purpose of safeguarding the interests
    and welfare of the tribe of Indians known as the Pueblo de Taos of
    New Mexico, the following described lands and improvements thereon,
    upon which said Indians depend and have depended since time
    immemorial for water supply, forage for their domestic livestock,
    wood and timber for their personal use, and as the scene of certain
    religious ceremonials, are hereby declared to be held by the United
    States in trust for the Pueblo de Taos:
        "Beginning at the southeast corner of the Tenorio tract on the
      north boundary of the Taos Pueblo grant in section 22, township
      26 north, range 13 east;
        "thence northwesterly and northeasterly along the east boundary
      of the Tenorio tract to the point where it intersects the
      boundary of the Lucero de Godoi or Antonio Martinez Grant;
        "thence following the boundary of the Lucero de Godoi Grant
      northeasterly, southeasterly and northerly to station 76 on the
      east boundary of the survey of the Lucero de Godoi Grant
      according to the March 1894 survey by United States Deputy
      Surveyor John H. Walker as approved by the United States
      Surveyor's Office, Santa Fe, New Mexico, on November 23, 1894;
        "thence east 0.85 mile along the south boundary of the Wheeler
      Peak Wilderness, according to the description dated July 1, 1965,
      and reported to Congress pursuant to section 3(a)(1) of the
      Wilderness Act (Public Law 88-577) [16 U.S.C. 1132(a)(1)];
        "thence northeast approximately 0.25 mile to the top of an
      unnamed peak (which is approximately 0.38 mile southeasterly from
      Lew Wallace Peak);
        "thence northwesterly 1.63 miles along the ridgetop through Lew
      Wallace Peak to Old Mike Peak;
        "thence easterly and northeasterly along the ridgetop of the
      divide between the Red River and the Rio Pueblo de Taos to
      station numbered 109 of said 1894 survey, at the juncture of the
      divide with the west boundary of the Beaubien and Miranda Grant,
      New Mexico (commonly known as the Maxwell Grant), according to
      the official resurvey of said grant executed during July and
      August 1923 by United States Surveyor Glen Haste and approved by
      the General Land Office, Washington, District of Columbia, on
      April 28, 1926;
        "thence southeasterly, southwesterly, and southerly along the
      west boundary of the Maxwell grant to the north line of
      unsurveyed section 33, township 26 north, range 15 east;
        "thence southerly to the north boundary of fractional township
      25 north, range 15 east;
        "thence southerly and southwesterly through sections 4, 9, 8,
      and 7, township 25 north, range 15 east to the southwest corner
      of said section 7;
        "thence westerly along the divide between the Rio Pueblo de
      Taos and Rio Fernando de Taos to the east boundary of the Taos
      Pueblo grant;
        "thence north to the northeast corner of the Taos Pueblo grant;
        "thence west to the point of beginning; containing
      approximately 48,000 acres, more or less.
      "(b) The lands held in trust pursuant to this section shall be a
    part of the Pueblo de Taos Reservation, and shall be administered
    under the laws and regulations applicable to other trust Indian
    lands: Provided, That the Pueblo de Taos Indians shall use the
    lands for traditional purposes only, such as religious ceremonials,
    hunting and fishing, a source of water, forage for their domestic
    livestock, and wood, timber, and other natural resources for their
    personal use, all subject to such regulations for conservation
    purposes as the Secretary of the Interior may prescribe. Except for
    such uses, the lands shall remain forever wild and shall be
    maintained as a wilderness as defined in section 2(c) of the Act of
    September 3, 1964 (78 Stat. 890) [16 U.S.C. 1131(c)]. With the
    consent of the tribe, but not otherwise, nonmembers of the tribe
    may be permitted to enter the lands for purposes compatible with
    their preservation as a wilderness. The Secretary of the Interior
    shall be responsible for the establishment and maintenance of
    conservation measures for these lands, including, without
    limitation, protection of forests from fire, disease, insects or
    trespass; prevention or elimination of erosion, damaging land use,
    or stream pollution; and maintenance of streamflow and sanitary
    conditions; and the Secretary is authorized to contract with the
    Secretary of Agriculture for any services or materials deemed
    necessary to institute or carry out any of such measures.
      "(c) Lessees or permittees of lands described in subsection (a)
    which are not included in the lands described in the Act of May 31,
    1933 [this Act], shall be given the opportunity to renew their
    leases or permits under rules and regulations of the Secretary of
    the Interior to the same extent and in the same manner that such
    leases or permits could have been renewed if this Act had not been
    enacted; but the Pueblo de Taos may obtain the relinquishment of
    any or all of such leases or permits from the lessees or permittees
    under such terms and conditions as may be mutually agreeable. The
    Secretary of the Interior is authorized to disburse, from the
    tribal funds in the Treasury of the United States to the credit of
    said tribe, so much thereof as may be necessary to pay for such
    relinquishments and for the purchase of any rights or improvements
    on said lands owned by non-Indians. The authority to pay for the
    relinquishment of a permit pursuant to this subsection shall not be
    regarded as a recognition of any property right of the permittee in
    the land or its resources.
      "(d) The Indian Claims Commission is directed to determine in
    accordance with the provisions of section 2 of the Act of August
    13, 1946 (60 Stat. 1049, 1050) [former 25 U.S.C. 70a], the extent
    to which the value of the interest in land conveyed by this Act
    should be credited to the United States or should be set off
    against any claim of the Taos Indians against the United States.
      "(e) Nothing in this section shall impair any vested water right.
      "Sec. 5. Except as otherwise provided herein the Secretary of the
    Interior shall disburse and expend the amounts of money herein
    authorized to be appropriated, in accordance with and under the
    terms and conditions of the Act approved June 7, 1924: Provided,
    however, That the Secretary be authorized to cause necessary
    surveys and investigations to be made promptly to ascertain the
    lands and water rights that can be purchased out of the foregoing
    appropriations and earlier appropriations made for the same
    purpose, with full authority to disburse said funds in the purchase
    of said lands and water rights without being limited to the
    appraised values thereof as fixed by the appraisers appointed by
    the Pueblo Lands Board appointed under said Act of June 7, 1924
    [set out below] and all prior Acts limiting the Secretary of the
    Interior in the disbursement of said funds to the appraised value
    of said lands as fixed by said appraisers of said Pueblo Lands
    Board be, and the same are, expressly repealed: Provided further,
    That the Secretary of the Interior be, and he is hereby, authorized
    to disburse a portion of said funds for the purpose of securing
    options upon said lands and water rights and necessary abstracts of
    title thereof for the necessary period required to investigate
    titles and which may be required before disbursement can be
    authorized: Provided further, That the Secretary of the Interior
    be, and he is hereby, authorized, out of the appropriations of the
    foregoing amounts and out of the funds heretofore appropriated for
    the same purpose, to purchase any available lands within the
    several pueblos which in his discretion it is desirable to
    purchase, without waiting for the issuance of final patents
    directed to be issued under the provisions of the Act of June 7,
    1924, where the right of said pueblos to bring independent suits,
    under the provisions of the Act of June 7, 1924, has expired;
    Provided further, That the Secretary of the Interior shall not make
    any expenditures out of the pueblo funds resulting from the
    appropriations set forth herein, or prior appropriations for the
    same purpose, without first obtaining the approval of the governing
    authorities of the pueblo affected: And provided further, That the
    governing authorities of any pueblo may initiate matters pertaining
    to the purchase of lands in behalf of their respective pueblos,
    which matters, or contracts relative thereto, will not be binding
    or concluded until approved by the Secretary of the Interior.
      "Sec. 6. Nothing in this Act shall be construed to prevent any
    pueblo from prosecuting independent suits as authorized under
    section 4 of the Act of June 7, 1924. The Secretary of the Interior
    is authorized to enter into contract with the several Pueblo Indian
    tribes, affected by the terms of this Act, in consideration of the
    authorization of appropriations contained in section 2 hereof,
    providing for the dismissal of pending and the abandonment of
    contemplated original proceedings, in law or equity, by, or in
    behalf of said Pueblo Indian tribes, under the provisions of
    section 4 of the Act of June 7, 1924, (43 Stat. L. 636), and the
    pueblo concerned may elect to accept the appropriations herein
    authorized, in the sums herein set forth, in full discharge of all
    claims to compensation under the terms of said Act, notifying the
    Secretary of the Interior in writing of its election so to do:
    Provided, That if said election by said pueblo be not made, said
    pueblo shall have one year from the date of this approval of the
    Act within which to file any independent suit authorized under
    section 4 of the Act of June 7, 1924, at the expiration of which
    period the right to file such suit shall expire by limitation: And
    provided further, That no ejectment suits shall be filed against
    non-Indians entitled to compensation under this Act, in less than
    six months after the sums herein authorized are appropriated.
      "Sec. 8. The attorney or attorneys for such Indian tribe or
    tribes shall be paid such fee as may be agreed upon by such
    attorney or attorneys and such Indian tribe or tribes, but in no
    case shall the fee be more than 10 per centum of the sum herein
    authorized to be appropriated for the benefit of such tribe or
    tribes, and such attorney's fees shall be disbursed by the
    Secretary of the Interior in accordance herewith out of any funds
    appropriated for said Indian tribe or tribes under the provisions
    of the Act of June 7, 1924 (43 Stat. L. 636), or this Act: Provided
    however, That 25 per centum of the amount agreed upon as attorneys'
    fees shall be retained by the Secretary of the Interior to be
    disbursed by him under the terms of the contract, subject to
    approval of the Secretary of the Interior, between said attorneys
    and said Indian tribes, providing for further services and expenses
    of said attorneys in furtherance of the objects set forth in
    section 19 of the Act of June 7, 1924.
      "Sec. 9. Nothing herein contained shall in any manner be
    construed to deprive any of the Pueblo Indians of a prior right to
    the use of water from streams running through or bordering on their
    respective pueblos for domestic, stock-water, and irrigation
    purposes for the lands remaining in Indian ownership, and such
    water rights shall not be subject to loss by nonuse or abandonment
    thereof as long as title to said lands shall remain in the
    Indians."
      Act June 7, 1924, ch. 331, 43 Stat. 636, as amended by act May
    31, 1933, ch. 45, Sec. 7, 48 Stat. 111; Pub. L. 109-133, Sec. 1,
    Dec. 20, 2005, 119 Stat. 2573, provided:
      "That in order to quiet title to various lots, parcels, and
    tracts of land in the State of New Mexico for which claim shall be
    made by or on behalf of the Pueblo Indians of said State as
    hereinafter provided, the United States of America, in its
    sovereign capacity as guardian of said Pueblo Indians shall, by its
    Attorney General, file in the District Court of the United States
    for the District of New Mexico, its bill or bills of complaint with
    a prayer for discovery of the nature of any claim or claims of any
    kind whatsoever adverse to the claim of said Pueblo Indians, as
    hereinafter determined.
      "Sec. 2. That there shall be, and hereby is, established a board
    to be known as 'Pueblo Lands Board' to consist of the Secretary of
    the Interior, the Attorney General, each of whom may act through an
    assistant in all hearings, investigations, and deliberations in New
    Mexico, and a third member to be appointed by the President of the
    United States. The board shall be provided with suitable quarters
    in the city of Santa Fe&233;, New Mexico, and shall have power to
    require the presence of witnesses and the production of documents
    by subpoena, to employ a clerk who shall be empowered to administer
    oaths and take acknowledgments, shall employ such clerical
    assistance, interpreters, and stenographers with such compensation
    as the Attorney General shall deem adequate, and it shall be
    provided with such necessary supplies and equipment as it may
    require on requisitions to the Department of Justice. The
    compensation and allowance for travel and expenses of the member
    appointed by the President shall be fixed by the Attorney General.
      "It shall be the duty of said board to investigate, determine,
    and report and set forth by metes and bounds, illustrated where
    necessary by field notes and plats, the lands within the exterior
    boundaries of any land granted or confirmed to the Pueblo Indians
    of New Mexico by any authority of the United States of America, or
    any prior sovereignty, or acquired by said Indians as a community
    by purchase or otherwise, title to which the said board shall find
    not to have been extinguished in accordance with the provisions of
    this Act, and the board shall not include in their report any
    claims of non-Indian claimants who, in the opinion of said board
    after investigation, hold and occupy such claims of which they have
    had adverse possession, in accordance with the provisions of
    section 4 of this Act: Provided, however, That the board shall be
    unanimous in all decisions whereby it shall be determined that the
    Indian title has been extinguished.
      "The board shall report upon each pueblo as a separate unit and
    upon the completion of each report one copy shall be filed with the
    United States District Court for the District of New Mexico, one
    with the Attorney General of the United States, one with the
    Secretary of the Interior, and one with the Board of Indian
    Commissioners.
      "Sec. 3. That upon the filing of each report by the said board,
    the Attorney General shall forthwith cause to be filed in the
    United States District Court for the District of New Mexico, as
    provided in section 1 of this Act, a suit to quiet title to the
    lands described in said report as Indian lands the Indian title to
    which is determined by said report not to have been extinguished.
      "Sec. 4. That all persons claiming title to, or ownership of, any
    lands involved in any such suit, or suits, may in addition to any
    other legal or equitable defenses which they may have or have had
    under the laws of the Territory and State of New Mexico, plead
    limitation of action, as follows, to wit:
      "(a) That in themselves, their ancestors, grantors, privies, or
    predecessors in interest or claim of interest, they have had open,
    notorious, actual, exclusive, continuous, adverse possession of the
    premises claimed, under color of title from the 6th day of January,
    1902, to the date of the passage of this Act, and have paid the
    taxes lawfully assessed and levied thereon to the extent required
    by the statutes of limitation, or adverse possession of the
    Territory or of the State of New Mexico, since the 6th day of
    January, 1902, to the date of the passage of this Act, except where
    the claimant was exempted or entitled to be exempted from such tax
    payment.
      "(b) That in themselves, their ancestors, grantors, privies, or
    predecessors in interest or claim of interest, they have had open,
    notorious, actual, exclusive, continuous, adverse possession of the
    premises claimed with claim of ownership, but without color of
    title from the 16th day of March, 1889, to the date of the passage
    of this Act, and have paid the taxes lawfully assessed and levied
    thereon to the extent required by the statutes of limitation or
    adverse possession of the Territory or of the State of New Mexico,
    from the 16th day of March, 1899, to the date of the passage of
    this Act, except where the claimant was exempted or entitled to be
    exempted from such tax payment.
      "Nothing in this Act contained shall be construed to impair or
    destroy any existing right of the Pueblo Indians of New Mexico to
    assert and maintain unaffected by the provisions of this Act their
    title and right to any land by original proceedings, either in law
    or equity, in any court of competent jurisdiction and any such
    right may be asserted at any time prior to the filing of the field
    notes and plats as provided in section 13 hereof, and jurisdiction
    with respect to any such original proceedings is hereby conferred
    upon the United States District Court for the District of New
    Mexico with right of review as in other cases: Provided, however,
    That any contract entered into with any attorney or attorneys by
    the Pueblo Indians of New Mexico, to carry on such litigation shall
    be subject to and in accordance with existing laws of the United
    States.
      "Sec. 5. The plea of such limitations, successfully maintained,
    shall entitle the claimants so pleading to a decree in favor of
    them, their heirs, executors, successors, and assigns for the
    premises so claimed by them, respectively, or so much thereof as
    may be established, which shall have the effect of a deed of
    quitclaim as against the United States and said Indians, and a
    decree in favor of claimants upon any other ground shall have a
    like effect.
      "The United States may plead in favor of the pueblo, or any
    individual Indian thereof, as the case might be, the said
    limitations hereinbefore defined.
      "Sec. 6. It shall be the further duty of the board to separately
    report in respect of each such pueblo - 
      "(a) The area and character of any tract or tracts of land within
    the exterior boundaries of any land granted or confirmed to the
    Pueblo Indians of New Mexico and the extent, source, and character
    of any water right appurtenant thereto in possession of non-Indian
    claimants at the time of filing such report, which are not claimed
    for said Indians by any report of the board.
      "(b) Whether or not such tract or tracts of land or such water
    rights could be or could have been at any time recovered for said
    Indians by the United States by seasonable prosecution of any right
    of the United States or of said Indians. Seasonable prosecution is
    defined to mean prosecution by the United States within the same
    period of time as that within which suits to recover real property
    could have been brought under the limitation statutes of the
    Territory and State of New Mexico.
      "(c) The fair market value of said water rights and of said tract
    or tracts of land (exclusive of any improvements made therein or
    placed thereon by non-Indian claimants) whenever the board shall
    determine that such tract or tracts of land or such water rights
    could be or could have been at any time recovered for said Indians
    by the United States by seasonable prosecution of any right of the
    United States or of said Indians, and the amount of loss, if any,
    suffered by said Indians through failure of the United States
    seasonably to prosecute any such right.
      "The United States shall be liable, and the board shall award
    compensation, to the pueblo within the exterior boundaries of whose
    lands such tract or tracts of land shall be situated or to which
    such water rights shall have been appurtenant to the extent of any
    loss suffered by said Indians through failure of the United States
    seasonably to prosecute any right of the United States or of said
    Indians, subject to review as herein provided. Such report and
    award shall have the force and effect of a judicial finding and
    final judgment upon the question and amount of compensation due to
    the Pueblo Indians from the United States for such losses. Such
    report shall be filed simultaneously with and in like manner as the
    reports hereinbefore provided to be made and filed in section 2 of
    this Act.
      "At any time within sixty days after the filing of said report
    with the United States District Court for the District of New
    Mexico as herein provided the United States or any pueblo or
    Indians concerned therein or affected thereby may, in respect of
    any report upon liability or of any finding of amount or award of
    compensation set forth in such report, petition said court for
    judicial review of said report, specifying the portions thereof in
    which review is desired. Said court shall thereupon have
    jurisdiction to review, and shall review, such report, finding, or
    award in like manner as in the case of proceedings in equity. In
    any such proceeding the report of the board shall be prima facie
    evidence of the facts, the values, and the liability therein set
    forth, subject, however, to be rebutted by competent evidence. Any
    party in interest may offer evidence in support or in opposition to
    the findings in said report in any respect. Said court shall after
    hearing render its decision so soon as practicable, confirming,
    modifying, or rejecting said report or any part thereof. At any
    time within thirty days after such decision is rendered said court
    shall, upon petition of any party aggrieved, certify the portions
    of such report, review of which has been sought, together with the
    record in connection therewith, to the United States Circuit Court
    of Appeals for the Eighth Circuit, which shall have jurisdiction to
    consider, review, and decide all questions arising upon such report
    and record in like manner as in the case of appeals in equity, and
    its decision thereon shall be final.
      "Petition for review of any specific finding or award of
    compensation in any report shall not affect the finality of any
    findings nor delay the payment of any award set forth in such
    report, review of which shall not have been so sought, nor in any
    proceeding for review in any court under the provisions of this
    section shall costs be awarded against any party.
      "Sec. 7. It shall be the further duty of the board to
    investigate, ascertain, and report to the Secretary of the Interior
    who shall report to the Congress of the United States, together
    with his recommendation, the fair market value of lands,
    improvements appurtenant thereto, and water rights of non-Indian
    claimants who, in person or through their predecessors in title
    prior to January 6, 1912, in good faith and for a valuable
    consideration purchased and entered upon Indian lands under a claim
    of right based upon a deed or document purporting to convey title
    to the land claimed or upon a grant, or license from the governing
    body of a pueblo to said land, but fail to sustain such claim under
    the provisions of this Act, together with a statement of the loss
    in money value thereby suffered by such non-Indian claimants. Any
    lands lying within the exterior boundaries of the pueblo of Nambe
    land grant, which were conveyed to any holder or occupant thereof
    or his predecessor or predecessors in interest by the governing
    authorities of said pueblo, in writing, prior to January 6, 1912,
    shall unless found by said board to have been obtained through
    fraud or deception, be recognized as constituting valid claims by
    said board and by said courts, and disposed of in such manner as
    lands the Indian title to which has been determined to have been
    extinguished pursuant to the provisions of this Act: Provided, That
    nothing in this section contained with reference to the said Nambe
    Pueblo Indians shall be construed as depriving the said Indians of
    the right to impeach any such deed or conveyance for fraud or to
    have mistakes therein corrected through a suit in behalf of said
    pueblo or of an individual Indian under the provisions of this Act.
      "Sec. 8. It shall be the further duty of the board to
    investigate, ascertain, and report to the Secretary of the Interior
    the area and the value of the lands and improvements appurtenant
    thereto of non-Indian claimants within or adjacent to Pueblo Indian
    settlements or towns in New Mexico, title to which in such non-
    Indian claimants is valid and indefeasible, said report to include
    a finding as to the benefit to the Indians in anywise of the
    removal of such non-Indian claimants by purchase of their lands and
    improvements and the transfer of the same to the Indians, and the
    Secretary of the Interior shall report to Congress the facts with
    his recommendations in the premises.
      "Sec. 9. That all lands, the title to which is determined in said
    suit or suits, shall, where necessary, be surveyed and mapped under
    the direction of the Secretary of the Interior, at the expense of
    the United States, but such survey shall be subject to the approval
    of the judge of the United States District Court for the District
    of New Mexico, and if approved by said judge shall be filed in said
    court and become a part of the decree or decrees entered in said
    district court.
      "Sec. 10. That necessary costs in all original proceedings under
    this Act, to be determined by the court, shall be taxed against the
    United States and any party aggrieved by any final judgment or
    decree shall have the right to a review thereof by appeal or writ
    of error or other process, as in other cases, but upon such appeal
    being taken each party shall pay his own costs.
      "Sec. 11. That in the sense in which used in this Act the word
    'purchase' shall be taken to mean the acquisition of community
    lands by the Indians other than by grant or donation from a
    sovereign.
      "Sec. 12. That any person claiming any interest in the premises
    involved but not impleaded in any such action may be made a party
    defendant thereto or may intervene in such action, setting up his
    claim in usual form.
      "Sec. 13. That as to all lands within the exterior boundaries of
    any lands granted or confirmed to the Pueblo Indians of New Mexico,
    by any authority of the United States of America or any prior
    sovereignty, or acquired by said Indians as a community by purchase
    or otherwise and which have not been claimed for said Indians by
    court proceedings then pending or the findings and report of the
    board as herein provided, the Secretary of the Interior at any time
    after two years after the filing of said reports of the board shall
    file field notes and plat for each pueblo in the office of the
    surveyor general of New Mexico at Santa Fe&233;, New Mexico,
    showing the lands to which the Indian title has been extinguished
    as in said report set out, but excluding therefrom lands claimed by
    or for the Indians in court proceedings then pending, and copies of
    said plat and field notes certified by the surveyor general of New
    Mexico as true and correct copies shall be accepted in any court as
    competent and conclusive evidence of the extinguishment of all the
    right, title, and interest of the Indians in and to the lands so
    described in said plat and field notes and of any claim of the
    United States in or to the same. And the Secretary of the Interior
    within thirty days after the Indians' right to bring independent
    suits under this Act shall have expired, shall cause notice to be
    published in some newspaper or newspapers of general circulation
    issued, if any there be, in the county wherein lie such lands
    claimed by non-Indian claimants, respectively, or wherein some part
    of such lands are situated, otherwise in some newspaper or
    newspapers of general circulation published nearest to such lands,
    once a week for five consecutive weeks, setting forth as nearly as
    may be the names of such non-Indian claimants of land holdings not
    claimed by or for the Indians as herein provided, with a
    description of such several holdings, as shown by a survey of
    Pueblo Indian lands heretofore made under the direction of the
    Secretary of the Interior and commonly known as the 'Joy Survey,'
    or as may be otherwise shown or defined by authority of the
    Secretary of the Interior, and requiring that any person or persons
    claiming such described parcel or parcels of land or any part
    thereof, adversely to the apparent claimant or claimants so named
    as aforesaid, or their heirs of assigns, shall, on or before the
    thirtieth day after the last publication of such notice, file his
    or their adverse claim in the United States Land Office in the land
    district wherein such parcel or parcels of land are situate, in the
    nature of a contest, stating the character and basis of such
    adverse claim, and notice of such contest shall be served upon the
    claimant or claimants named in the said notice, in the same manner
    as in cases of contest of homestead entries. If no such contest is
    instituted as aforesaid, the Secretary of the Interior shall issue
    to the claimant or claimants, or their heirs or assigns, a patent
    or other certificate of title for the parcel or parcels of land so
    described in said notice; but if a contest be filed it shall
    proceed and be heard and decided as contests of homestead entries
    are heard and decided under the rules and regulations of the
    General Land Office pertinent thereto. Upon such contest either
    party may claim the benefit of the provisions of section 4 of this
    Act to the same extent as if he were a party to a suit to quiet
    title brought under the provisions of this Act, and the successful
    party shall receive a patent or certificate of title for the land
    as to which he is successful in such proceeding. Any patent or
    certificate of title issued under the provisions of this Act shall
    have the effect only of a relinquishment by the United States of
    America and the said Indians.
      "If after such notice more than one person or group of persons
    united in interest makes claim in such land office adverse to the
    claimant or claimants named in the said notice, or to any other
    person or group of persons who may have filed such contest, each
    contestant shall be required to set forth the basis and nature of
    his respective claim, and thereupon the said claims shall be heard
    and decided as upon an original contest or intervention.
      "And in all cases any person or persons whose right to a given
    parcel or parcels of land has become fixed either by the action of
    the said board or the said court or in such contest may apply to
    the Commissioner of the General Land Office for a patent or
    certificate of title and receive the same without cost or charge.
      "Sec. 14. That if any non-Indian party to any such suit shall
    assert against the Indian title a claim based upon a Spanish or
    Mexican grant, and if the court should finally find that such claim
    by the non-Indian is superior to that of the Indian claim, no final
    decree or judgment of ouster of the said Indians shall be entered
    or writ of possession or assistance shall be allowed against said
    Indians, or any of them, or against the United States of America
    acting in their behalf. In such case the court shall ascertain the
    area and value of the land thus held by any non-Indian claimant
    under such superior title, excluding therefrom the area and value
    of lots or parcels of land the title to which has been found to be
    in other persons under the provisions of this Act: Provided,
    however, That any findings by the court under the provisions of
    this section may be reviewed on appeal or writ of error at the
    instance of any party aggrieved thereby, in the same manner, to the
    same extent, and with like effect as if such findings were a final
    judgment or decree. When such finding adverse to the Indian claim
    has become final, the Secretary of the Interior shall report to
    Congress the facts, including the area and value of the land so
    adjudged against the Indian claim, with his recommendations in the
    premises.
      "Sec. 15. That when any claimant, other than the United States
    for said Indians not covered by the report provided for in section
    7 of this Act, fails to sustain his claim to any parcel of land
    within any Pueblo Indian grant, purchase, or donation under
    provisions of this Act, but has held and occupied any such parcel
    in good faith, claiming the same as his own, and the same has been
    improved, the value of the improvements upon the said parcel of
    land shall be found by the court and reported by the Secretary of
    the Interior to Congress, with his recommendations in the premises.
      "Sec. 16. That if the Secretary of the Interior deems it to be
    for the best interest of the Indians that any land adjudged by the
    court or said Lands Board against any claimant be sold, he may,
    with the consent of the governing authorities of the pueblo, order
    the sale thereof, under such regulations as he may make, to the
    highest bidder for cash; and if the buyer thereof be other than the
    losing claimant, the purchase price shall be used in paying to such
    losing claimant the adjudicated value of the improvements
    aforesaid, if found under the provisions of section 15 hereof, and
    the balance thereof, if any, shall be paid over to the proper
    officer, or officers, of the Indian community, but if the buyer be
    the losing claimant, and the value of his improvements has been
    adjudicated as aforesaid, such buyer shall be entitled to have
    credit upon his bid for the value of such improvements so
    adjudicated.
      "Sec. 17. No right, title, or interest in or to the lands of the
    Pueblo Indians of New Mexico to which their title has not been
    extinguished as hereinbefore determined shall hereafter be acquired
    or initiated by virtue of the laws of the State of New Mexico, or
    in any other manner except as may hereafter be provided by
    Congress, and no sale, grant, lease of any character, or other
    conveyance of lands, or any title or claim thereto, made by any
    pueblo as a community, or any Pueblo Indian living in a community
    of Pueblo Indians, in the State of New Mexico, shall be of any
    validity in law or in equity unless the same be first approved by
    the Secretary of the Interior.
      "Sec. 18. That the pleading, practice, procedure, and rules of
    evidence shall be the same in all causes arising under this Act as
    in other civil causes in the Federal courts, except as otherwise
    herein provided.
      "Sec. 19. That all sums of money which may hereafter be
    appropriated by the Congress of the United States for the purpose
    of paying in whole or in part any liability found or decreed under
    this Act from the United States to any pueblo or to any of the
    Indians of any pueblo, shall be paid over to the Bureau of Indian
    Affairs, which Bureau, under the direction of the Secretary of the
    Interior, shall use such moneys at such times and in such amounts
    as may seem wise and proper for the purpose of the purchase of
    lands and water rights to replace those which have been lost to
    said pueblo or to said Indians, or for purchase or construction of
    reservoirs, irrigation works, or the making of other permanent
    improvements upon, or for the benefit of lands held by said pueblo
    or said Indians.
      "SEC. 20. CRIMINAL JURISDICTION.
      "(a) In General. - Except as otherwise provided by Congress,
    jurisdiction over offenses committed anywhere within the exterior
    boundaries of any grant from a prior sovereign, as confirmed by
    Congress or the Court of Private Land Claims to a Pueblo Indian
    tribe of New Mexico, shall be as provided in this section.
      "(b) Jurisdiction of the Pueblo. - The Pueblo has jurisdiction,
    as an act of the Pueblos' inherent power as an Indian tribe, over
    any offense committed by a member of the Pueblo or an Indian as
    defined in title 25 [United States Code], sections 1301(2) and
    1301(4), or by any other Indian-owned entity.
      "(c) Jurisdiction of the United States. - The United States has
    jurisdiction over any offense described in chapter 53 of title 18,
    United States Code, committed by or against an Indian as defined in
    title 25 [United States Code], sections 1301(2) and 1301(4) or any
    Indian-owned entity, or that involves any Indian property or
    interest.
      "(d) Jurisdiction of the State of New Mexico. - The State of New
    Mexico shall have jurisdiction over any offense committed by a
    person who is not a member of a Pueblo or an Indian as defined in
    title 25 [United States Code], sections 1301(2) and 1301(4), which
    offense is not subject to the jurisdiction of the United States."

                  WHITE EARTH RESERVATION LAND SETTLEMENT              
      Pub. L. 99-264, Mar. 24, 1986, 100 Stat. 61, as amended by Pub.
    L. 100-153, Sec. 6(a), (b), Nov. 5, 1987, 101 Stat. 887; Pub. L.
    100-212, Sec. 4, Dec. 24, 1987, 101 Stat. 1443; Pub. L. 101-301,
    Sec. 8, May 24, 1990, 104 Stat. 210; Pub. L. 102-572, title IX,
    Sec. 902(b)(2), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 103-263,
    Sec. 4, May 31, 1994, 108 Stat. 708, provided: "That this Act may
    be cited as the 'White Earth Reservation Land Settlement Act of
    1985'.
      "Sec. 2. The Congress finds that - 
        "(1) claims on behalf of Indian allottees or heirs and the
      White Earth Band involving substantial amounts of land within the
      White Earth Indian Reservation in Minnesota are the subject of
      existing and potential lawsuits involving many and diverse
      interests in Minnesota, and are creating great hardship and
      uncertainty for government, Indian communities, and non-Indian
      communities;
        "(2) the lawsuits and uncertainty will result in great expense
      and expenditure of time, and could have a profound negative
      impact on the social and well-being of everyone on the
      reservation;
        "(3) the White Earth Band of Chippewa Indians, State of
      Minnesota, along with its political subdivisions, and other
      interested parties have made diligent efforts to fashion a
      settlement to these claims, and the Federal Government, by
      providing the assistance specified in this Act, will make
      possible the implementation of a permanent settlement with regard
      to these claims;
        "(4) past United States laws and policies have contributed to
      the uncertainty surrounding the claims;
        "(5) it is in the long-term interest of the United States,
      State of Minnesota, White Earth Band, Indians, and non-Indians
      for the United States to assist in the implementation of a fair
      and equitable settlement of these claims; and
        "(6) this Act will settle unresolved legal uncertainties
      relating to these claims.
      "Sec. 3. For purposes of this Act:
      "(a) 'Allotment' shall mean an allocation of land on the White
    Earth Reservation, Minnesota, granted, pursuant to the Act of
    January 14, 1889 (25 Stat. 642), and the Act of February 8, 1887
    (24 Stat. 388) [see Short Title note above], to a Chippewa Indian.
      "(b) 'Allottee' shall mean the recipient of an allotment.
      "(c) 'Full blood' shall mean a Chippewa Indian of the White Earth
    Reservation, Minnesota, who was designated as a full blood Indian
    on the roll approved by the United States District Court for the
    District of Minnesota on October 1, 1920, or who was so designated
    by a decree of a Federal court of competent jurisdiction; it shall
    also refer to an individual who is not designated on said roll but
    who is the biological child of two full blood parents so designated
    on the roll or of one full blood parent so designated on the roll
    and one parent who was an Indian enrolled in any other federally
    recognized Indian tribe, band, or community.
      "(d) 'Inherited' shall mean received as a result of testate or
    intestate succession or any combination of testate or intestate
    succession, which succession shall be determined by the Secretary
    of the Interior or his authorized representative.
      "(e) 'Mixed blood' shall mean a Chippewa Indian of the White
    Earth Reservation, Minnesota, who was designated as a mixed blood
    Indian on the roll approved by the United States District Court of
    Minnesota on October 1, 1920, unless designated a full blood by
    decree of a Federal court of competent jurisdiction; it shall also
    refer to any descendants of an individual who was listed on said
    roll providing the descendant was not a full blood under the
    definition in subsection (c) of this section. The term 'mixed
    blood' shall not include an Indian enrolled in any federally
    recognized Indian tribe, band, or community other than the White
    Earth Band.
      "(f) 'Tax forfeited' shall mean an allotment which, pursuant to
    State law, was declared forfeited for nonpayment of real property
    taxes and purportedly transferred directly to the State of
    Minnesota or to private parties or governmental entities.
      "(g) 'Majority' shall mean the age of twenty-one years or older.
      "(h) 'Secretary' shall mean the Secretary of the Interior or
    his/or her authorized representative.
      "(i) 'Trust period' shall mean the period during which the United
    States held an allotment in trust for the allottee or the
    allottee's heirs. For the purpose of this Act, the Executive Order
    Numbered 4642 of May 5, 1927, Executive Order Numbered 5768 of
    December 10, 1931, and Executive Order Numbered 5953 of November
    23, 1932, shall be deemed to have extended trust periods on all
    allotments or interests therein the trust periods for which would
    otherwise have expired in 1927, 1932, or 1933, notwithstanding the
    issuance of any fee patents for which there were no applications,
    and if such allotments were not specifically exempted from the
    Executive orders; and the Indian Reorganization Act of June 18,
    1934 [see Short Title note set out under section 461 of this
    title], shall be deemed to have extended indefinitely trust periods
    on all allotments or interests therein the trust periods for which
    would otherwise have expired on June 18, 1934, or at any time
    thereafter. Said Executive orders and Act shall be deemed not to
    have extended the trust period for allotments or interests which
    were sold or mortgaged by adult mixed bloods, by non-Indians, or
    with the approval of the Secretary, or for allotments or interests
    which were sold or mortgaged by anyone where such sale or mortgage
    was the subject of litigation in Federal court which proceeded to a
    judgment on the merits and where the outcome of such litigation did
    not vacate or void said sale or mortgage.
      "(j) 'Interest', except where such item is used in conjunction
    with 'compound', shall mean a fractional holding, less than the
    whole, held in an allotment.
      "(k) 'Adult' shall mean having attained the age of majority.
      "(l) 'Heir' means a person who received or was entitled to
    receive an allotment or interest as a result of testate or
    intestate succession under applicable Federal or Minnesota law, or
    one who is determined under section 9, by the application of the
    inheritance laws of Minnesota in effect on March 26, 1986 (not
    including laws relating to spousal allowance and maintenance
    payments), to be entitled to receive compensation payable under
    section 8.
      "(m) 'Transfer' includes but is not limited to any voluntary or
    involuntary sale, mortgage, tax forfeiture or conveyance pursuant
    to State law; any transaction the purpose of which was to effect a
    sale, mortgage, tax forfeiture or conveyance pursuant to State law;
    any Act, event, or circumstance that resulted in a change of title
    to, possession of, dominion over, or control of an allotment or
    interest therein.
      "Sec. 4. (a) The provisions of this Act shall apply to the
    following allotments:
        "(1) allotments which were never sold or mortgaged by the
      allottees or by their heirs and which were tax forfeited during
      the trust period;
        "(2) allotments which were sold or mortgaged during the trust
      period, without the approval of the Secretary, by the allottees
      prior to having attained majority, and were never again sold or
      mortgaged either by the allottees upon their having attained
      majority or by heirs of the allottees;
        "(3) allotments which were sold or mortgaged during the trust
      period by full blood allottees without the approval of the
      Secretary, and were never again the subject of a sale or mortgage
      by heirs of the allottees; and
        "(4) allotments which were never sold or mortgaged by the
      allottees, but which subsequent to the deaths of the allottees,
      purportedly were sold or mortgaged, during the trust period, by
      administrators, executors, or representatives, operating under
      authority from State courts, and were never again the subject of
      a sale or mortgage by heirs of the allottees.
      "(b) The provisions of this Act shall also apply to the following
    allotments or interests in allotments:
        "(1) allotments or interests which were inherited by full or
      mixed bloods who never sold or mortgaged their allotments or
      interests or by Indians enrolled in other federally recognized
      Indian tribes, bands, or communities who never sold or mortgaged
      their allotments or interests, where the allotments or interests
      were tax forfeited during the trust period;
        "(2) allotments or interests which were inherited by mixed
      bloods under the age of majority and which were sold or mortgaged
      during the trust period without the approval of the Secretary
      prior to such mixed bloods having attained majority, but which
      were never again sold or mortgaged by them upon having attained
      majority or by their heirs;
        "(3) allotments or interests which were inherited by full
      bloods or by Indians enrolled in other federally recognized
      Indian tribes, bands, or communities, who sold or mortgaged such
      allotments or interests during the trust period without the
      approval of the Secretary;
        "(4) allotments or interests which were inherited by full or
      mixed bloods who never sold or mortgaged their allotments or
      interests, but which, subsequent to the deaths of such heirs,
      were sold or mortgaged during the trust period by administrators,
      operating under authority from State courts;
        "(5) allotments or interests which were owned by allottees or
      which were inherited by full or mixed bloods for whom guardians
      were appointed by State courts, which guardians sold or mortgaged
      the allotments or interests during the trust period without the
      approval of the Secretary;
        "(6) interests which were inherited by full or mixed bloods who
      never sold or mortgaged their interests during the trust period,
      even though other interests in the same allotment were sold by
      other heirs where the land comprising the allotment has been
      claimed in full by other parties adversely to the full or mixed
      bloods who never sold or mortgaged their interests; and
        "(7) allotments or interests which were inherited by full or
      mixed bloods or by Indians enrolled in other federally recognized
      Indian tribes, bands, or communities which were never sold or
      mortgaged during the trust period but which were purportedly
      distributed by State court probate proceedings to other
      individuals.
      "(c) This Act shall not apply to - 
        "(1) any allotment or interest the sale or mortgage of which
      was the subject of litigation which proceeded to a judgment on
      the merits in Federal courts and where the outcome of such
      litigation was other than vacating and voiding such sale or
      mortgage;
        "(2) any allotment or interest which was tax forfeited
      subsequent to the date on which the tax exemption was declared by
      a Federal court to have expired;
        "(3) any allotment or interest which was sold, mortgaged, or
      tax forfeited after the expiration of the trust period; or
        "(4) any allotment or interest which was sold or mortgaged at
      any time by an adult mixed blood Indian.
    Nothing in this Act is intended to question the validity of the
    transactions relating to allotments or interests as described in
    section 4(c), and such allotments and interests are declared to be
    outside the scope of this Act.
      "Sec. 5. (a) Any determination of the heirs of any person holding
    an allotment or interest, made by the courts of the State of
    Minnesota, which is filed with the proper county recording officer
    prior to May 9, 1979, shall be deemed to have effectively
    transferred the title of the decedent in the allotment or interest
    to the heirs so determined unless a separate determination of heirs
    has been made by the Secretary before the effective date of this
    Act [Mar. 24, 1986] and such determination has been filed with the
    proper county recording officer within six months after the
    effective date of this Act. Nothing in this subsection shall be
    construed to remove any allotment described in section 4 from the
    compensation provided for in the Act.
      "(b) The 'proper county recording officer', as that term is used
    in subsection (a) of this section, shall be a county recorder,
    registrar of titles, or probate court in Becker, Clearwater, or
    Mahnomen Counties, Minnesota.
      "(c) As to any allotment which was granted to an allottee who had
    died prior to the selection date of the allotment, the granting of
    such allotment is hereby ratified and confirmed, and shall be of
    the same effect as if the allotment had been selected by the
    allottee before the allottee's death: Provided, That the White
    Earth Band of Chippewa Indians shall be compensated for such
    allotments in the manner provided in sections 6, 7, and 8.
      "(d) As to any allotment that was made under the provisions of
    the Treaty of March 19, 1867 (16 Stat. 719), and which was
    reallotted under the provisions of the Act of January 14, 1889 (25
    Stat. 642), such reallotment is hereby ratified and confirmed.
      "Sec. 6. (a) As soon as the conditions set forth in section 10 of
    this Act have been met, the Secretary shall publish a certification
    in the Federal Register that such conditions have been met. After
    such publication, any allotment or interest which the Secretary, in
    accordance with this Act, determines falls within the provisions of
    section 4(a), 4(b), or 5(c), the tax forfeiture, sale, mortgage, or
    other transfer, as described therein, shall be deemed to have been
    made in accordance with the Constitution and all laws of the United
    States specifically applicable to transfers of allotments or
    interests held by the United States in trust for Indians, and
    Congress hereby does approve and ratify any such transfer effective
    as of the date of said transfer, subject to the provisions of
    section 6(c). Compensation for loss of allotments or interests
    resulting from this approval and ratification shall be determined
    and processed according to the provisions of section 8.
      "(b) By virtue of the approval and ratification of transfers of
    allotments or interests therein effected by this section, all
    claims against the United States, the State of Minnesota or any
    subdivisions thereof, or any other person or entity, by the White
    Earth Band, its members, or by any other Indian tribe or Indian, or
    any successors in interest thereof, arising out of, and at the time
    of or subsequent to, the transfers described in section 4(a), 4(b),
    or 5(c) and based on any interest in or nontreaty rights involving
    such allotments or interests therein, shall be deemed never to have
    existed as of the date of the transfer, subject to the provisions
    of this Act.
      "(c) Notwithstanding any provision of law other than the
    provisions of this section, any action in any court to recover
    title or damages relating to transactions described in section
    4(a), 4(b), 5(a) or 5(c), shall be forever barred unless the
    complaint is filed not later than one hundred and eighty days
    following enactment of this Act [Mar. 24, 1986], or prior to the
    publication required by section 6(a) whichever occurs later in
    time: Provided, That immediately upon the date of enactment of this
    Act any such action on behalf of the White Earth Band of Chippewa
    Indians shall be forever barred, unless the publication required by
    section 6(a) does not take place within two years of the date of
    enactment of this Act in which case the bar of any such action on
    behalf of the White Earth Band of Chippewa Indians shall be deemed
    lifted and nullified: Provided further, That the Secretary shall
    not issue to the White Earth Band any report rejecting litigation
    nor submit to Congress any legislation report pursuant to section
    2415 of title 28, United States Code, relating to transactions
    described in section 4(a), 4(b), 5(a) or 5(c) of this Act, until
    and unless the bar against actions on behalf of the White Earth
    Band is lifted and nullified. Any such action filed within the time
    period allowed by this subsection shall not be barred; however, the
    filing of any such action by an allottee, heir, or others entitled
    to compensation under this Act shall bar such allottee, heir, or
    others from receiving compensation pursuant to the provisions of
    section 8. The United States District Court for the District of
    Minnesota shall have exclusive jurisdiction over any such action
    otherwise properly filed within the time allowed by this
    subsection.
      "(d) This section shall not bar an heir, allottee, or any other
    person entitled to compensation under this Act from maintaining an
    action, based on the transactions described in section 4(a), 4(b),
    5(a), or 5(c), against the United States in the Court of Federal
    Claims pursuant to the Tucker Act, section 1491 of title 28, United
    States Code, challenging the constitutional adequacy of the
    compensation provisions of section 8(a) as they apply to a
    particular allotment or interest: Provided, That such action shall
    be filed with the Court of Federal Claims not later than one
    hundred and eighty days after the issuance of the notice of the
    Secretary's compensation determination as provided in section 8(c).
    If such an action is not filed within the one-hundred-and-eighty-
    day period, it shall be forever barred. The United States hereby
    waives any sovereign immunity defense it may have to such an action
    but does not waive any other defenses it may have to such action.
    The filing of an action by any heir, allottee, or any other person
    under the provisions of this section shall bar such person forever
    from receiving compensation pursuant to the provisions of section
    8.
      "Sec. 7. (a) The Secretary is hereby authorized to and shall
    diligently investigate to the maximum extent practicable all White
    Earth allotments and shall determine which allotments or interest
    fall within any of the provisions of section 4(a), 4(b), or 5(c).
    As to all such allotments or interests determined to be within the
    provisions of section 4(a), 4(b), or 5(c), the Secretary shall
    prepare lists of such allotments or interests, which shall include
    allotment number, land description, and allottee's name, in English
    and Ojibway where available. A first list shall be published within
    one hundred and eighty days after the date of enactment of this Act
    [Mar. 24, 1986] in the Federal Register; in a newspaper of general
    circulation in Mahnomen County, Minnesota; in a newspaper of
    general circulation in Becker County, Minnesota; in a newspaper of
    general circulation in Clearwater County, Minnesota; in one
    newspaper of general circulation in metropolitan Minneapolis-Saint
    Paul; and, in the Secretary's discretion, in any appropriate band
    or tribal newspaper. Publication in the required newspapers shall
    take place no later than thirty days after publication in the
    Federal Register.
      "(b) Any tribe, band, or group of Indians, or any individual
    shall have one year after the date of publication in the Federal
    Register to submit to the Secretary any additional allotments or
    interests which the tribe, band, group, or individual believes
    should fall within any of the provisions of section 4(a), 4(b), or
    5(c). The Secretary, without such submissions, may also
    independently determine that additional allotments or interests
    fall within such provisions. Any additional allotments or interests
    submitted to the Secretary shall be accompanied by a statement
    identifying the allotment or interest and its land description and
    summarizing the reasons why it should be added to the list required
    by this section.
      "(c) The Secretary shall determine which additional allotments or
    interests fall within the provisions of section 4(a), 4(b), or
    5(c), and not later than March 12, 1989, the Secretary shall
    publish a second list in the Federal Register and previously
    required newspapers of the allotments or interests the Secretary
    has determined should be corrected or added to the first published
    list.
      "(d) Any determination made by the Secretary under this section
    to include an allotment or interest on the first list required by
    the section to be published in the Federal Register may be
    judicially reviewed pursuant to the Administrative Procedure Act [5
    U.S.C. 701 et seq.] not later than ninety days of the publication
    date of the first list of the Federal Register. Any such action not
    filed within such ninety-day period shall be forever barred. Any
    determination made by the Secretary to include an allotment or
    interest on the second list required by this section to be
    published in the Federal Register, or any determination made by the
    Secretary not to include an allotment or interest on such list, may
    be judicially reviewed pursuant to the Administrative Procedure Act
    within ninety days of the publication date of the second list in
    the Federal Register. Any such action not filed within such ninety-
    day period shall be forever barred. Exclusive jurisdiction over
    actions under this subdivision is hereby vested in the United
    States District Court for the District of Minnesota.
      "(e)(1) After publication of the second list under subsection
    (c), the Secretary may, at any time, add allotments or interests to
    that second list if the Secretary determines that the additional
    allotment or interest falls within the provisions of section 5(c)
    or subsection (a) or (b) of section 4.
      "(2) The Secretary shall publish in the Federal Register notice
    of any additions made under paragraph (1) to the second list
    published under subsection (c).
      "(3) Any determination made by the Secretary to add an allotment
    or interest under paragraph (1) to the second list published under
    subsection (c) may be judicially reviewed in accordance with
    chapter 7 of title 5, United States Code, within 90 days after the
    date on which notice of such determination is published in the
    Federal Register under paragraph (2). Any legal action challenging
    such a determination that is not filed within such 90-day period
    shall be forever barred. Exclusive jurisdiction over any legal
    action challenging such a determination is vested in the United
    States District Court for the District of Minnesota.
      "(f)(1) The Secretary is authorized to make a one-time deletion
    from the second list published under subsection (c) or any
    subsequent list published under subsection (e) of any allotments or
    interests which the Secretary has determined do not fall within the
    provisions of subsection (a) or (b) of section 4, or subsection (c)
    of section 5, or which the Secretary has determined were
    erroneously included in such list by reason of misdescription or
    typographical error.
      "(2) The Secretary shall publish in the Federal Register notice
    of deletions made from the second list published under subsection
    (c) or any subsequent list published under subsection (e).
      "(3) The determination made by the Secretary to delete an
    allotment or interest under paragraph (1) may be judicially
    reviewed in accordance with chapter 7 of title 5, United States
    Code, within 90 days after the date on which notice of such
    determination is published in the Federal Register under paragraph
    (2). Any legal action challenging such a determination that is not
    filed within such 90-day period shall be forever barred. Exclusive
    jurisdiction over any legal action challenging such a determination
    is vested in the United States District Court for the District of
    Minnesota.
      "Sec. 8. (a) Compensation for a loss of an allotment or interest
    shall be the fair market value of the land interest therein as of
    the date of tax forfeiture, sale, allotment, mortgage, or other
    transfer described in section 4(a), 4(b), or 5(c), less any
    compensation actually received, plus interest compounded annually
    at 5 per centum from the date of said loss of an allotment or
    interest until the date of enactment of this Act [Mar. 24, 1986],
    and at the general rate of interest earned by United States
    Department of the Interior funds thereafter. A determination of
    compensation actually received shall be supported by Federal,
    State, or local public documents filed contemporaneously with the
    transaction or by clear and convincing evidence. Compensation
    actually received shall not be subtracted from the fair market
    value in any instance where an allotment or interest was sold or
    mortgaged by a full or mixed blood, under the age of eighteen
    years, or in any instance where there is prima facie evidence that
    fraud occurred in a sale or mortgage. No compensation for loss of
    an allotment or interest relating to transfers described in section
    4(b) shall be granted to any person or the heirs of such person
    where such allotment or interest was received pursuant to State
    court probate proceedings and where also it has been or is
    determined by the Secretary that such person or heirs were not
    entitled to inherit the allotment or interest.
      "(b) For the purpose of this section, the date of transfer
    applicable to interests described in section 4(b)(6) shall be the
    last date on which any interest in the subject allotment was
    transferred by document of record by any other heir of the
    allottee; and the date of transfer applicable to allotments
    described in section 5(c) shall be the selection date. For purposes
    of this section, the Secretary shall establish the fair market
    value of various types of land for various years, which shall
    govern the compensation payable under this section unless a
    claimant demonstrates that a particular allotment or interest had a
    value materially different from the value established by the
    Secretary.
      "(c) The Secretary shall provide written notice of the
    Secretary's compensation determination to the allottees or heirs
    entitled thereto. Such notice shall describe the basis for the
    Secretary's determination, the applicable time limits for judicial
    review of the determination, and the process whereby such
    compensation will be distributed. The Secretary shall proceed to
    make such heirship determinations as may be necessary to provide
    the notice required by this section: Provided, That the Secretary
    shall accept as conclusive evidence of heirship any determination
    of the courts of the State of Minnesota as provided in section 5(a)
    of this Act: Provided further, That the Secretary shall give
    written notice only to those allottees or heirs whose addresses can
    be ascertained by reasonable and diligent efforts; otherwise such
    notice shall be given by publication in the Federal Register.
      "(d) The Secretary's administrative determination of the
    appropriate amount of compensation computed pursuant to the
    provisions of this Act may be judicially reviewed pursuant to the
    Administrative Procedure Act [5 U.S.C. 701 et seq.] not later than
    one hundred and eighty days after the issuance of notice as
    aforesaid; after such time the Secretary's determination shall be
    conclusive and all judicial review shall be barred. Exclusive
    jurisdiction over any such action is hereby vested in the United
    States District Court for the District of Minnesota.
      "(e) Once a compensation determination has become conclusive
    according to the provisions of subsection (d), the Secretary shall
    certify such determination to the Secretary of the Treasury and
    such conclusive determination shall be treated as a final judgment,
    award or, compromise settlement under the provisions of title 31,
    United States Code, section 1304. The Secretary of the Treasury is
    authorized and directed to pay out of the funds in the Treasury
    into a separate interest bearing White Earth Settlement Fund
    account the amount certified by the Secretary of the Interior in
    each case. The Secretary of the Interior shall then make a diligent
    effort to locate each allottee or heir; however, if, after two
    years from the date on which a determination becomes conclusive an
    allottee or heir cannot be located, the Secretary of the Interior
    shall declare the amount owing to such allottee or heir forfeited.
      "(f) Any and all amounts forfeited pursuant to subsection (e)
    together with the interest accumulated thereon, pursuant to section
    8 shall be transferred annually to the fund established under
    section 12 for the White Earth Band.
      "Sec. 9. The Secretary shall determine the heirs, if heretofore
    undetermined, or modify the inventory of an existing heirship
    determination of any full or mixed blood or Indian enrolled in any
    other federally recognized Indian tribe, band, or community, where
    appropriate for the purposes of this Act: Provided, That the
    Secretary shall accept any determination of heirship by the courts
    of the State of Minnesota as provided in section 5(a) of this Act.
      "Sec. 10. (a) The provisions of section 6 of this Act shall take
    effect upon the publication in the Federal Register by the
    Secretary of certification that the following conditions have been
    satisfied:
        "(1) The State of Minnesota, in accordance with Laws of
      Minnesota 1984, chapter 539, has entered into an agreement with
      the Secretary providing for the transfer of ten thousand acres of
      land within the exterior boundaries of the White Earth
      Reservation to the United States to hold in trust for the White
      Earth Band of Chippewa Indians as the State's contribution to the
      settlement provided for by this Act. The Secretary shall not
      enter into such an agreement until the Secretary determines, or
      the authorized governing body of the band certifies to the
      Secretary in writing, that the agreement will result in the
      transfer of ten thousand acres which possess reasonable value for
      the White Earth Band, including but not limited to value for
      agricultural, recreational, forestry, commercial, residential,
      industrial, or general land consolidation purposes. The land
      transferred pursuant to this subsection shall be accepted by the
      United States subject to all existing accesses, roads, easements,
      rights of way, or similar uses unless the Governor and Attorney
      General of the State of Minnesota certify in writing to the
      Secretary the State's intent to abandon such uses on a particular
      parcel.
        "(2) The State, in accordance with the Laws of Minnesota 1984,
      chapter 539, has appropriated $500,000 for the purpose of
      providing the United States with technical and computer
      assistance for implementing the settlement provided for in this
      Act.
        "(3) The United States has appropriated $6,600,000 for economic
      development for the benefit of the White Earth Band of Chippewa
      Indians.
      "(b) Upon final acceptance by the Secretary, the land referred to
    in subsection (a)(1) shall be deemed to have been reserved as of
    the date of the establishment of the White Earth Reservation and to
    be part of the trust land of the White Earth Reservation for all
    purposes.
      "Sec. 11. Nothing in this Act is intended to alter the
    jurisdiction currently possessed by the White Earth Band of
    Chippewa Indians, the State of Minnesota, or the United States over
    Indians or non-Indians within the exterior boundaries of the White
    Earth Reservation.
      "Sec. 12. (a) There is established in the Treasury of the United
    States a fund to be known as the White Earth Economic Development
    and Tribal Government Fund. Money in this Fund shall be held in
    trust by the United States for the White Earth Band of Chippewa
    Indians, and shall be invested and managed by the Secretary in the
    same manner as tribal trust funds pursuant to the Act of June 24,
    1938 (25 U.S.C. 162a).
      "(b) The White Earth Economic Development and Tribal Government
    Fund shall consist of - 
        "(1) money received by the White Earth Band as compensation
      pursuant to section 8; and
        "(2) money received by the White Earth Band as a result of
      amounts forfeited pursuant to section 8(f); and
        "(3) money received as an appropriation pursuant to section 15;
      and
        "(4) income accruing on such sums.
    Income accruing to the White Earth Economic Development and Tribal
    Government Fund shall, without further appropriation, be available
    for expenditure as provided in subsection (c).
      "(c) Income from the fund may be used by the authorized governing
    body of the band for band administration. Principal and income may
    be used by the authorized governing body of the band for economic
    development, land acquisition, and investments: Provided, however,
    That under no circumstances shall any portion of the moneys
    described in subsection (b) be used for per capita payments to any
    members of the band: Provided further, That none of the funds
    described in subsection (b) shall be expended by the governing body
    of the band until - 
        "(1) such body has adopted a band financial ordinance and
      investment plan for the use of such funds; and
        "(2) such body has submitted to the Secretary a waiver of
      liability on the part of the United States for any loss resulting
      from the use of such funds; and
        "(3) the Secretary has approved the band financial ordinance
      and investment plan. The Secretary shall approve or reject in
      writing such ordinance and plan within sixty days of the date it
      is mailed or otherwise submitted to him: Provided, That such
      ordinance and plan shall be deemed approved if, sixty days after
      submission, the Secretary has not so approved or rejected it. The
      Secretary shall approve the ordinance and plan if it adequately
      contains the element specified in this subsection.
      "Sec. 13. Notwithstanding any other law to the contrary, the
    United States grants its permission to the State of Minnesota to
    transfer land to the White Earth Band as described in section
    10(a)(1) which prior to the date of enactment of this Act [Mar. 24,
    1986] may have been obtained by the State pursuant to other Federal
    law or with Federal assistance. Any restrictions or conditions
    imposed by any other Federal law or regulation on the transfer of
    such land are hereby waived and removed.
      "Sec. 14. Not later than five years, or as soon as possible,
    after the date of enactment of this Act [Mar. 24, 1986], the
    Secretary shall make all determinations, provide all notices, and
    complete the administrative work necessary to accomplish the
    objectives of this Act. The Secretary shall give priority in making
    compensation determinations and payments under this Act to original
    allottees and elderly heirs. The Secretary shall submit a report by
    January 1 of each year to the chairman of the House of
    Representatives Committee on Interior and Insular Affairs [now
    Committee on Natural Resources] and the chairman of the Senate
    Committee on Indian Affairs, which report shall summarize the
    administrative progress to date and shall estimate the amount and
    nature of work left to be done.
      "Sec. 15. There are hereby authorized to be appropriated to the
    White Earth Band $6,600,000 as a grant to be expended as provided
    in section 12.
      "Sec. 16. None of the moneys which are distributed under this Act
    shall be subject to Federal or State income taxes or be considered
    as income or resources in determining eligibility for or the amount
    of assistance under the Social Security Act [42 U.S.C. 301 et seq.]
    or any other federally assisted program.
      "Sec. 17. The Secretary is authorized, if so requested by the
    authorized governing body of the White Earth Band, to exchange any
    of the land which is transferred to the United States as described
    in section 10(a)(1) for any other land within the exterior
    boundaries of the White Earth Reservation which is owned by the
    United States, the State of Minnesota, or any of the State's
    political subdivisions. Nothing in this section shall be deemed to
    require an exchange not agreed to by all parties to the exchange.
      "Sec. 18. Any lands acquired by the White Earth Band within the
    exterior boundaries of the White Earth Reservation with funds
    referred to in section 12, or by the Secretary pursuant to section
    17, shall be held in trust by the United States. Such lands shall
    be deemed to have been reserved from the date of the establishment
    of said reservation and to be part of the trust land of the White
    Earth Band for all purposes."

                      WINNEBAGO RESERVATION, NEBRASKA                  
      Act Mar. 3, 1925, ch. 431, 43 Stat. 1114, provided: "That the
    Secretary of the Interior be, and he is hereby, authorized in his
    discretion, to cancel any restricted fee patents that have been
    issued to Indians of the Winnebago Reservation in Nebraska, under
    the provisions of the Act of Congress of February 21, 1863 (Twelfth
    Statutes at Large, page 658), and to issue in lieu thereof, to the
    original allottees, or heirs, trust patents of the form and subject
    to all the provisions set out in the general allotment act of
    February 8, 1887 (Twenty-fourth Statutes at Large, page 388), as
    amended: Provided, That the trust period shall be ten years from
    the date of issuance of the lieu trust patents."

-End-



-CITE-
    25 USC Secs. 332, 333                                       01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Secs. 332, 333. Repealed.

-MISC1-
    Secs. 332, 333. Repealed. Pub. L. 106-462, title I, Sec. 106(a)(1),
      Nov. 7, 2000, 114 Stat. 2007.
      Section 332, act Feb. 8, 1887, ch. 119, Sec. 2, 24 Stat. 388,
    related to selection of allotments.
      Section 333, acts Feb. 8, 1887, ch. 119, Sec. 3, 24 Stat. 389;
    June 25, 1910, ch. 431, Sec. 9, 36 Stat. 858; 1946 Reorg. Plan No.
    3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100,
    related to making of allotments by agents.

-End-



-CITE-
    25 USC Sec. 334                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 334. Allotments to Indians not residing on reservations

-STATUTE-
      Where any Indian not residing upon a reservation, or for whose
    tribe no reservation has been provided by treaty, act of Congress,
    or executive order, shall make settlement upon any surveyed or
    unsurveyed lands of the United States not otherwise appropriated,
    he or she shall be entitled, upon application to the local land
    office for the district in which the lands are located, to have the
    same allotted to him or her, and to his or her children, in
    quantities and manner as provided in this act for Indians residing
    upon reservations; and when such settlement is made upon unsurveyed
    lands the grant to such Indians shall be adjusted upon the survey
    of the lands so as to conform thereto; and patents shall be issued
    to them for such lands in the manner and with the restrictions as
    provided in sections 348 and 349 of this title. And the fees to
    which the officers of such local land office would have been
    entitled had such lands been entered under the general laws for the
    disposition of the public lands shall be paid to them, from any
    moneys in the Treasury of the United States not otherwise
    appropriated, upon a statement of an account in their behalf for
    such fees by the Secretary of the Interior or such officer as he
    may designate, and a certification of such account to the Secretary
    of the Treasury by the Secretary of the Interior.

-SOURCE-
    (Feb. 8, 1887, ch. 119, Sec. 4, 24 Stat. 389; 1946 Reorg. Plan No.
    3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This act, referred to in text, is act Feb. 8, 1887, ch. 119, 24
    Stat. 388, as amended, and is popularly known as the Indian General
    Allotment Act. For classification of this act to the Code, see
    Short Title note set out under section 331 of this title and
    Tables.
      The words "provided in sections 348 and 349 of this title",
    referred to in text, were in the original "as herein provided".


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out in the Appendix to Title 5, Government
    Organization and Employees.
      "Secretary of the Interior or such officer as he may designate"
    substituted in text for "Commissioner of the General Land Office"
    on authority of Reorg. Plan No. 3 of 1946, set out in the Appendix
    to Title 5.


-MISC1-
                     PERMANENT APPROPRIATION; REPEALS                 
      Effective July 1, 1935, the permanent appropriation provided for
    in the last sentence of this section was repealed by act June 26,
    1934, ch. 756, Sec. 1, 48 Stat. 1225.

-End-



-CITE-
    25 USC Sec. 335                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 335. Extension of provisions as to allotments

-STATUTE-
      Unless otherwise specifically provided, the provisions of the Act
    of February 8, 1887 (Twenty-fourth Statutes at Large, page 388), as
    amended, are extended to all lands heretofore purchased or which
    may be purchased by authority of Congress for the use or benefit of
    any individual Indian or band or tribe of Indians.

-SOURCE-
    (Feb. 14, 1923, ch. 76, 42 Stat. 1246.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of February 8, 1887, referred to in text, is popularly known
    as the Indian General Allotment Act. For classification of this Act
    to the Code, see Short Title note set out under section 331 of this
    title and Tables.

-End-



-CITE-
    25 USC Sec. 336                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 336. Allotments to Indians making settlement

-STATUTE-
      Where any Indian entitled to allotment under existing laws shall
    make settlement upon any surveyed or unsurveyed lands of the United
    States not otherwise appropriated, he or she shall be entitled,
    upon application to the local land office for the district in which
    the lands are located, to have the same allotted to him or her and
    to his or her children in manner as provided by law for allotments
    to Indians residing upon reservations, and such allotments to
    Indians on the public domain as herein provided shall be made in
    such areas as the President may deem proper, not to exceed,
    however, forty acres of irrigable land or eighty acres of
    nonirrigable agricultural land or one hundred sixty acres of
    nonirrigable grazing land to any one Indian; and when such
    settlement is made upon unsurveyed lands the grant to such Indians
    shall be adjusted upon the survey of the lands so as to conform
    thereto, and patent shall be issued to them for such lands in the
    manner and with the restrictions provided in sections 348 and 349
    of this title. And the fees to which the officers of such local
    land office would have been entitled had such lands been entered
    under the general laws for the disposition of the public lands
    shall be paid to them from any moneys in the Treasury of the United
    States not otherwise appropriated, upon a statement of an account
    in their behalf for such fees by the Secretary of the Interior or
    such officer as he may designate, and a certification of such
    account to the Secretary of the Treasury by the Secretary of the
    Interior.

-SOURCE-
    (Feb. 28, 1891, ch. 383, Sec. 4, 26 Stat. 795; June 25, 1910, ch.
    431, Sec. 17, 36 Stat. 860; 1946 Reorg. Plan No. 3, Sec. 403, eff.
    July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Words "restrictions provided in sections 348 and 349 of this
    title", referred to in text, were in the original "restrictions
    provided in the Act of which this is amendatory". That Act is act
    Feb. 8, 1887 (24 Stat. 388), popularly known as the Indian General
    Allotment Act. For classification of that Act to the Code, see
    Short Title note set out under section 331 of this title and
    Tables.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out in the Appendix to Title 5, Government
    Organization and Employees.
      "Secretary of the Interior or such officer as he may designate"
    substituted in text for "Commissioner of the General Land Office"
    on authority of Reorg. Plan No. 3 of 1946, set out in the Appendix
    to Title 5.


-MISC1-
                     PERMANENT APPROPRIATION; REPEALS                 
      Effective July 1, 1935, the permanent appropriation provided for
    in the last sentence of this section was repealed by act June 26,
    1934, ch. 756, Sec. 1, 48 Stat. 1225.

-End-



-CITE-
    25 USC Sec. 337                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 337. Allotments in national forests

-STATUTE-
      The Secretary of the Interior is authorized, in his discretion,
    to make allotments within the national forests in conformity with
    the general allotment laws, to any Indian occupying, living on, or
    having improvements on land included within any such national
    forest who is not entitled to an allotment on any existing Indian
    reservation, or for whose tribe no reservation has been provided,
    or whose reservation was not sufficient to afford an allotment to
    each member thereof. All applications for allotments under the
    provisions of this section shall be submitted to the Secretary of
    Agriculture who shall determine whether the lands applied for are
    more valuable for agricultural or grazing purposes than for the
    timber found thereon; and if it be found that the lands applied for
    are more valuable for agricultural or grazing purposes, then the
    Secretary of the Interior shall cause allotment to be made as
    herein provided.

-SOURCE-
    (June 25, 1910, ch. 431, Sec. 31, 36 Stat. 863.)

-End-



-CITE-
    25 USC Sec. 337a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 337a. Repealed.

-MISC1-
    Sec. 337a. Repealed. Pub. L. 94-579, title VII, Sec. 702, Oct. 21,
      1976, 90 Stat. 2787.
      Section, act Mar. 1, 1933, ch. 160, Sec. 1, 47 Stat. 1418,
    related to Indian allotments in San Juan County, Utah.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that this section is
    repealed effective on and after Oct. 21, 1976, except such
    effective date to be on and after the tenth anniversary of the date
    of approval of this Act, Oct. 21, 1976, insofar as the homestead
    laws apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, title VII, Oct. 21, 1976, 90 Stat.
    2786, set out as a note under section 1701 of Title 43, Public
    Lands.

-End-



-CITE-
    25 USC Sec. 338                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 338. Repealed.

-MISC1-
    Sec. 338. Repealed. May 29, 1928, ch. 901, Sec. 1(64), 45 Stat. 991.
      Section, act Apr. 4, 1910, ch. 140, Sec. 1, 36 Stat. 270,
    required Secretary of the Interior to submit to Congress a cost
    account of survey and allotment work.

-End-



-CITE-
    25 USC Sec. 339                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 339. Tribes excepted from certain provisions

-STATUTE-
      The provisions of this act shall not extend to the territory
    occupied by the Cherokees, Creeks, Choctaws, Chickasaws, Seminoles,
    and Osage, Miamies and Peorias, and Sacs and Foxes, in Oklahoma,
    nor to any of the reservations of the Seneca Nation of New York
    Indians in the State of New York, nor to that strip of territory in
    the State of Nebraska adjoining the Sioux Nation on the south added
    by Executive order.

-SOURCE-
    (Feb. 8, 1887, ch. 119, Sec. 8, 24 Stat. 391.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This act, referred to in text, is act Feb. 8, 1887, ch. 119, 24
    Stat. 388, as amended, and is popularly known as the Indian General
    Allotment Act. For classification of this act to the Code, see
    Short Title note set out under section 331 of this title and
    Tables.


-MISC1-
                     SACS AND FOXES; MISSOURI INDIANS                 
      No allotment of lands was to be made or annuities of money to be
    paid to any of the Sacs and Foxes of the Missouri Indians who were
    not enrolled as members of the tribe on Jan. 1, 1890, by a proviso
    annexed to act Feb. 28, 1891, ch. 383, Sec. 5, 26 Stat. 796.

-End-



-CITE-
    25 USC Sec. 340                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 340. Extension of certain provisions

-STATUTE-
      The provisions of the Act of February 8, 1887, are declared to
    extend to and are made applicable to the Confederated Wea, Peoria,
    Kaskaskia, and Piankeshaw tribes of Indians, and the Western Miami
    tribe of Indians, located in the northeastern part of the former
    Indian Territory and to their reservation, in the same manner and
    to the same extent as if said tribes had not been excepted from the
    provisions of said act, except as to section 349 of this title, and
    as otherwise hereinafter provided.

-SOURCE-
    (Mar. 2, 1889, ch. 422, Sec. 1, 25 Stat. 1013.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of February 8, 1887, referred to in text, was in the original
    "chapter One hundred and Nineteen of the acts of eighteen hundred
    and eighty seven, entitled 'An act to provide for the allotment of
    lands in severalty to Indians on the various reservations, and to
    extend the protection of the laws of the United States and the
    Territories over the Indians, and for other purposes,' ". The Act
    appears in 24 Stat. 388, and is popularly known as the Indian
    General Allotment Act. For classification of this Act to the Code,
    see Short Title note set out under section 331 of this title and
    Tables.

-End-



-CITE-
    25 USC Sec. 341                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 341. Power to grant rights-of-way not affected

-STATUTE-
      Nothing in this act shall be so construed as to affect the right
    and power of Congress to grant the right of way through any lands
    granted to an Indian, or a tribe of Indians, for railroads or other
    highways, or telegraph lines, for the public use, or to condemn
    such lands to public uses, upon making just compensation.

-SOURCE-
    (Feb. 8, 1887, ch. 119, Sec. 10, 24 Stat. 391.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This act, referred to in text, is act Feb. 8, 1887, ch. 119, 24
    Stat. 388, as amended, and is popularly known as the Indian General
    Allotment Act. For classification of this act to the Code, see
    Short Title note set out under section 331 of this title and
    Tables.

-End-



-CITE-
    25 USC Sec. 342                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 342. Removal of Southern Utes to new reservation

-STATUTE-
      Nothing in this act shall be so construed as to prevent the
    removal of the Southern Ute Indians from their present reservation
    in southwestern Colorado to a new reservation by and with the
    consent of a majority of the adult male members of said tribe.

-SOURCE-
    (Feb. 8, 1887, ch. 119, Sec. 11, 24 Stat. 391.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This act, referred to in text, is act Feb. 8, 1887, ch. 119, 24
    Stat. 388, as amended, and is popularly known as the Indian General
    Allotment Act. For classification of this act to the Code, see
    Short Title note set out under section 331 of this title and
    Tables.

-End-



-CITE-
    25 USC Sec. 343                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 343. Correction of errors in allotments and patents

-STATUTE-
      In all cases where it shall appear that a double allotment of
    land has been wrongfully or erroneously made by the Secretary of
    the Interior to any Indian by an assumed name or otherwise, or
    where a mistake has been made in the description of the land
    inserted in any patent, said Secretary is authorized and directed,
    during the time that the United States may hold the title to the
    land in trust for any such Indian, and for which a conditional
    patent may have been issued, to rectify and correct such mistakes
    and cancel any patent which may have been thus erroneously and
    wrongfully issued whenever in his opinion the same ought to be
    canceled for error in the issue thereof, and if possession of the
    original patent cannot be obtained, such cancellation shall be
    effective if made upon the records of the Bureau of Land
    Management; and no proclamation shall be necessary to open to
    settlement the lands to which such an erroneous allotment patent
    has been canceled, provided such lands would otherwise be subject
    to entry: And provided, That such lands shall not be open to
    settlement for sixty days after such cancellation: And further
    provided, That no conditional patent that has been or that may be
    executed in favor of any Indian allottee, excepting in cases
    hereinbefore authorized, and excepting in cases where the
    conditional patent is relinquished by the patentee or his heirs to
    take another allotment, shall be subject to cancellation without
    authority of Congress.

-SOURCE-
    (Jan. 26, 1895, ch. 50, 28 Stat. 641; Apr. 23, 1904, ch. 1489, 33
    Stat. 297; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11
    F.R. 7876, 60 Stat. 1100.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out in the Appendix to Title 5, Government
    Organization and Employees.
      "Bureau of Land Management" substituted in text for "General Land
    Office" on authority of Reorg. Plan No. 3 of 1946, set out in the
    Appendix to Title 5.

-End-



-CITE-
    25 USC Sec. 344                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 344. Cancellation of allotment of unsuitable land

-STATUTE-
      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-
    (Mar. 3, 1909, ch. 263, 35 Stat. 784.)

-End-



-CITE-
    25 USC Sec. 344a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 344a. Repealed.

-MISC1-
    Sec. 344a. Repealed. Act Nov. 24, 1942, ch. 640, Sec. 4, 56 Stat.
      1022.
      Section, act June 25, 1910, ch. 431, Sec. 12, 36 Stat. 858,
    authorized Secretary of the Interior to investigate the allotment
    in the name of a deceased Indian and to recommend to Congress the
    cancellation of such Indian's patent if he died without heirs.

-End-



-CITE-
    25 USC Sec. 345                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 345. Actions for allotments

-STATUTE-
      All persons who are in whole or in part of Indian blood or
    descent who are entitled to an allotment of land under any law of
    Congress, or who claim to be so entitled to land under any
    allotment Act or under any grant made by Congress, or who claim to
    have been unlawfully denied or excluded from any allotment or any
    parcel of land to which they claim to be lawfully entitled by
    virtue of any Act of Congress, may commence and prosecute or defend
    any action, suit, or proceeding in relation to their right thereto
    in the proper district court of the United States; and said
    district courts are given jurisdiction to try and determine any
    action, suit, or proceeding arising within their respective
    jurisdictions involving the right of any person, in whole or in
    part of Indian blood or descent, to any allotment of land under any
    law or treaty (and in said suit the parties thereto shall be the
    claimant as plaintiff and the United States as party defendant);
    and the judgment or decree of any such court in favor of any
    claimant to an allotment of land shall have the same effect, when
    properly certified to the Secretary of the Interior, as if such
    allotment had been allowed and approved by him, but this provision
    shall not apply to any lands now held by either of the Five
    Civilized Tribes, nor to any of the lands within the Quapaw Indian
    Agency: Provided, That the right of appeal shall be allowed to
    either party as in other cases.

-SOURCE-
    (Aug. 15, 1894, ch. 290, Sec. 1, 28 Stat. 305; Feb. 6, 1901, ch.
    217, Sec. 1, 31 Stat. 760; Mar. 3, 1911, ch. 231, Sec. 291, 36
    Stat. 1167.)


-STATAMEND-
                   REPEAL OF SECTION AS TO OSAGE INDIANS               
      Act June 28, 1906, ch. 3572, Sec. 1, 34 Stat. 540, provided in
    part that: "the provisions of the Act of Congress of August
    fifteenth, eighteen hundred and ninety-four, Twenty-eighth Statutes
    at Large, page three hundred and five [this section], granting
    persons of Indian blood who have been denied allotments the right
    to appeal to the courts, are hereby repealed as far as the same
    relate to the Osage Indians; and the tribal lands and tribal funds
    of said tribe shall be equally divided among the members of said
    tribe as hereinafter provided".

-COD-
                               CODIFICATION                           
      Act Mar. 3, 1911, conferred the powers and duties of the former
    circuit courts upon the district courts.

-End-



-CITE-
    25 USC Sec. 346                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 346. Proceedings in actions for allotments

-STATUTE-
      The plaintiff shall cause a copy of his petition filed under
    section 345 of this title, to be served upon the United States
    attorney in the district wherein suit is brought, and shall mail a
    copy of same, by registered letter, to the Attorney General of the
    United States, and shall thereupon cause to be filed with the clerk
    of the court wherein suit is instituted an affidavit of such
    service and the mailing of such letter. It shall be the duty of the
    United States attorney upon whom service of petition is made as
    aforesaid to appear and defend the interests of the Government in
    the suit, and within sixty days after the service of petition upon
    him, unless the time should be extended by order of the court made
    in the case to file a plea, answer, or demurrer on the part of the
    Government, and to file a notice of any counterclaim, set-off,
    claim for damages, or other demand or defense whatsoever of the
    Government in the premises: Provided, That should the United States
    attorney neglect or refuse to file the plea, answer, demurrer, or
    defense, as required, the plaintiff may proceed with the case under
    such rules as the court may adopt in the premises; but the
    plaintiff shall not have judgment or decree for his claim, or any
    part thereof, unless he shall establish the same by proof
    satisfactory to the court.

-SOURCE-
    (Feb. 6, 1901, ch. 217, Sec. 2, 31 Stat. 760; June 25, 1948, ch.
    646, Sec. 1, 62 Stat. 909.)

-CHANGE-
                              CHANGE OF NAME                          
      "United States attorney" substituted in text for "district
    attorney of the United States" on authority of act June 25, 1948.
    See section 541 of Title 28, Judiciary and Judicial Procedure.

-End-



-CITE-
    25 USC Sec. 347                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 347. Limitations of actions for lands patented in severalty
      under treaties

-STATUTE-
      In all actions brought in any State court or United States court
    by any patentee, his heirs, grantees, or any person claiming under
    such patentee, for the possession or rents or profits of lands
    patented in severalty to the members of any tribe of Indians under
    any treaty between it and the United States of America, where a
    deed has been approved by the Secretary of the Interior to the land
    sought to be recovered, the statutes of limitations of the States
    in which said land is situate shall be held to apply, and it shall
    be a complete defense to such action that the same has not been
    brought within the time prescribed by the statutes of said State
    the same as if such action had been brought for the recovery of
    land patented to others than members of any tribe of Indians.

-SOURCE-
    (May 31, 1902, ch. 946, Sec. 1, 32 Stat. 284.)

-End-



-CITE-
    25 USC Sec. 348                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 348. Patents to be held in trust; descent and partition

-STATUTE-
      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-
    (Feb. 8, 1887, ch. 119, Sec. 5, 24 Stat. 389; Mar. 3, 1901, ch.
    832, Sec. 9, 31 Stat. 1085; 1946 Reorg. Plan No. 3, Sec. 403, eff.
    July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Pub. L. 106-462, title
    I, Sec. 106(a)(2), Nov. 7, 2000, 114 Stat. 2007; Pub. L. 108-374,
    Sec. 6(c), Oct. 27, 2004, 118 Stat. 1805; Pub. L. 109-221, title V,
    Sec. 501(b)(2), May 12, 2006, 120 Stat. 344.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This act, referred to in text, is act Feb. 8, 1887, ch. 119, 24
    Stat. 388, as amended, and is popularly known as the Indian General
    Allotment Act. For classification of this act to the Code, see
    Short Title note set out under section 331 of this title and
    Tables.
      Section 8(b) of the American Indian Probate Reform Act of 2004,
    referred to in text, is section 8(b) of Pub. L. 108-374, which is
    set out as a note under section 2201 of this title.
      The Indian Land Consolidation Act, referred to in text, is title
    II of Pub. L. 97-459, Jan. 12, 1983, 96 Stat. 2517, as amended,
    which is classified generally to chapter 24 (Sec. 2201 et seq.) of
    this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 2201 of this title and
    Tables.


-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-221 inserted in second proviso of first par.
    ", subject to section 8(b) of the American Indian Probate Reform
    Act of 2004 (Public Law 108-374; 118 Stat. 1810)," after "That".
      2004 - Pub. L. 108-374 inserted second proviso of first par. and
    struck out former second proviso which read as follows: "Provided,
    That the law of descent in force in the State or Territory where
    such lands are situate shall apply thereto after patents therefor
    have been executed and delivered, except as provided by the Indian
    Land Consolidation Act or a tribal probate code approved under such
    Act and except as herein otherwise provided:".
      2000 - Pub. L. 106-462, in second proviso of first par., struck
    out "and partition" after "law of descent" and substituted "except
    as provided by the Indian Land Consolidation Act or a tribal
    probate code approved under such Act and except as herein otherwise
    provided:" for "except as herein otherwise provided:".

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Pub. L. 109-221, title V, Sec. 501(c), May 12, 2006, 120 Stat.
    344, provided that: "The amendments made by subsection (b)
    [amending this section, section 464 of this title, and provisions
    set out as a note under section 2201 of this title] shall take
    effect as if included in the enactment of the American Indian
    Probate Reform Act of 2004 (Public Law 108-374; 118 Stat. 1773)."

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Amendment by Pub. L. 108-374 applicable on and after the date
    that is 1 year after June 20, 2005, see section 8(b) of Pub. L. 108-
    374, as amended, set out as a Notice; Effective Date of 2004
    Amendment note under section 2201 of this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out in the Appendix to Title 5, Government
    Organization and Employees.
      "Bureau of Land Management" substituted in text for "General Land
    Office" on authority of Reorg. Plan No. 3 of 1946, set out in the
    Appendix to Title 5.

                          DELEGATION OF FUNCTIONS                      
      For delegation to Secretary of the Interior of authority vested
    in President by this section, see Ex. Ord. No. 10250, June 5, 1951,
    16 F.R. 5385, set out as a note under section 301 of Title 3, The
    President.


-MISC2-
                        EXTENSION OF TRUST PERIODS                    
      The periods of trust applying to Indian lands, whether of a
    tribal or individual status, which would expire during the years
    1943 to 1950, were extended for a further period of twenty-five
    years, respectively, by Ex. Ord. No. 9272, Nov. 17, 1942, 7 F.R.
    9475; Ex. Ord. No. 9398, Nov. 25, 1943, 8 F.R. 16269; Ex. Ord. No.
    9500, Nov. 14, 1944, 9 F.R. 13699; Ex. Ord. No. 9659, Nov. 21,
    1945, 10 F.R. 14353; Ex. Ord. No. 9811, Dec. 17, 1946, 11 F.R.
    14483; Ex. Ord. No. 9920, Jan. 8, 1948, 13 F.R. 143; Ex. Ord. No.
    10027, Jan. 7, 1949, 14 F.R. 107; Ex. Ord. No 10091, Dec. 11, 1949,
    14 F.R. 7513.


-EXEC-
      EX. ORD. NO. 10191. EXTENSION OF TRUST PERIODS ON INDIAN LANDS
                           EXPIRING DURING 1951
      Ex. Ord. No. 10191, Dec. 13, 1950, 15 F.R. 8889, provided:
      By virtue of and pursuant to the authority vested in me by
    section 5 of the act of February 8, 1887, 24 Stat. 388, 389 [this
    section], by the act of June 21, 1906, 34 Stat. 325, 326, and by
    the act of March 2, 1917, 39 Stat. 969, 976, and other applicable
    provisions of law, it is hereby ordered that the periods of trust
    or other restrictions against alienation contained in any patent
    applying to Indian lands, whether of a tribal or individual status,
    which, unless extended, will expire during the calendar year 1951,
    be, and they are hereby, extended for a further period of twenty-
    five years from the date on which any such trust would otherwise
    expire.
      This order is not intended to apply to any case in which the
    Congress has specifically reserved to itself authority to extend
    the period of trust on tribal or individual Indian lands.
                                                         Harry S Truman.

-End-



-CITE-
    25 USC Sec. 348a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 348a. Extension of trust period for Indians of Klamath River
      Reservation

-STATUTE-
      The period of trust on lands allotted to Indians of the Klamath
    River Reservation, California, which expired July 31, 1919, and the
    legal title to which is still in the United States, is reimposed
    and extended for a period of twenty-five years from July 31, 1919:
    Provided, That further extension of the period of trust may be made
    by the President, in his discretion, as provided by section 348 and
    section 391 of this title.

-SOURCE-
    (Dec. 24, 1942, ch. 814, 56 Stat. 1081.)

-End-



-CITE-
    25 USC Sec. 349                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 349. Patents in fee to allottees

-STATUTE-
      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-
    (Feb. 8, 1887, ch. 119, Sec. 6, 24 Stat. 390; May 8, 1906, ch.
    2348, 34 Stat. 182.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is act Feb. 8, 1887, ch. 119, 24
    Stat. 388, as amended, and is popularly known as the Indian General
    Allotment Act. For classification of this Act to the Code, see
    Short Title note set out under section 331 of this title and
    Tables.

-COD-
                               CODIFICATION                           
      Provisions relating to the grant of citizenship to certain
    Indians born within the territorial limits of the United States
    were omitted in view of act June 2, 1924, ch. 233, 43 Stat. 253,
    which granted citizenship to all non-citizen Indians born within
    the territorial limits of the United States. See section 1401 of
    Title 8, Aliens and Nationality.

-End-



-CITE-
    25 USC Sec. 350                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 350. Surrender of patent, and selection of other land

-STATUTE-
      The Secretary of the Interior is authorized, in his discretion,
    and whenever for good and sufficient reason he shall consider it to
    be for the best interest of the Indians, in making allotments under
    the act of February 8, 1887, to permit any Indian to whom a patent
    has been issued for land on the reservation to which such Indian
    belongs, under treaty or existing law, to surrender such patent
    with formal relinquishment by such Indian to the United States of
    all his or her right, title, and interest in the land conveyed
    thereby, properly indorsed thereon, and to cancel such surrendered
    patent: Provided, That the Indian so surrendering the same shall
    make a selection, in lieu thereof, of other land and receive patent
    therefor, under the provisions of the act of February 8, 1887.

-SOURCE-
    (Oct. 19, 1888, ch. 1214, Sec. 2, 25 Stat. 612.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of February 8, 1887, referred to in text, was in the original
    "the statute aforesaid" and "the act of February eighth, eighteen
    hundred and eighty-seven", respectively. The act appears in 24
    Stat. 388, and is popularly known as the Indian General Allotment
    Act. For classification of this act to the Code, see Short Title
    note set out under section 331 of this title and Tables.

-End-



-CITE-
    25 USC Sec. 351                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 351. Patents with restrictions for lots in villages in
      Washington

-STATUTE-
      The Secretary of the Interior is authorized, whenever in his
    opinion it shall be conducive to the best welfare and interest of
    the Indians living within any Indian village on any of the Indian
    reservations in the State of Washington to issue a patent to each
    of said Indians for the village or town lot occupied by him, which
    patent shall contain restrictions against the alienation of the lot
    described therein to persons other than members of the tribe,
    except on approval of the Secretary of the Interior; and if any
    such Indian shall die subsequent to June 25, 1910, and before
    receiving patent to the lot occupied by him, the lot to which such
    Indian would have been entitled if living shall be patented in his
    name and shall be disposed of as provided for in section 372 of
    this title.

-SOURCE-
    (June 25, 1910, ch. 431, Sec. 10, 36 Stat. 858.)

-End-



-CITE-
    25 USC Sec. 352                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 352. Cancellation of trust patents within power or reservoir
      sites

-STATUTE-
      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-
    (June 25, 1910, ch. 431, Sec. 14, 36 Stat. 859.)

-End-



-CITE-
    25 USC Sec. 352a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 352a. Cancellation of patents in fee simple for allotments
      held in trust

-STATUTE-
      The Secretary of the Interior is authorized, in his discretion,
    to cancel any patent in fee simple issued to an Indian allottee or
    to his heirs before the end of the period of trust described in the
    original or trust patent issued to such allottee, or before the
    expiration of any extension of such period of trust by the
    President, where such patent in fee simple was issued without the
    consent or an application therefor by the allottee or by his heirs:
    Provided, That the patentee has not mortgaged or sold any part of
    the land described in such patent: Provided also, That upon
    cancellation of such patent in fee simple the land shall have the
    same status as though such fee patent had never been issued.

-SOURCE-
    (Feb. 26, 1927, ch. 215, Sec. 1, 44 Stat. 1247.)

-End-



-CITE-
    25 USC Sec. 352b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 352b. Partial cancellation; issuance of new trust patents

-STATUTE-
      Where patents in fee have been issued for Indian allotments,
    during the trust period, without application by or consent of the
    patentees, and such patentees or Indian heirs have sold a part of
    the land included in the patents, or have mortgaged the lands or
    any part thereof and such mortgages have been satisfied, such lands
    remaining undisposed of and without incumbrance by the patentees,
    or Indian heirs, may be given a trust patent status and the
    Secretary of the Interior is, on application of the allottee or his
    or her Indian heirs, hereby authorized, in his discretion, to
    cancel patents in fee so far as they cover such unsold lands not
    encumbered by mortgage, and to cause new trust patents to be issued
    therefor, to the allottees or their Indian heirs, of the form and
    legal effect as provided by the Act of February 8, 1887 (24 Stat.
    388), such patents to be effective from the date of the original
    trust patents, and the land shall be subject to any extensions of
    the trust made by Executive order on other allotments of members of
    the same tribe, and such lands shall have the same status as though
    such fee patents had never been issued: Provided, That this section
    and section 352a of this title shall not apply where any such lands
    have been sold for unpaid taxes assessed after the date of a
    mortgage or deed executed by the patentee or his heirs, or sold in
    execution of a judgment for debt incurred after date of such
    mortgage or deed, and the period of redemption has expired.

-SOURCE-
    (Feb. 26, 1927, ch. 215, Sec. 2, as added Feb. 21, 1931, ch. 271,
    46 Stat. 1205.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of February 8, 1887, referred to in text, is popularly known
    as the Indian General Allotment Act. For classification of this Act
    to the Code, see Short Title note set out under section 331 of this
    title and Tables.

-End-



-CITE-
    25 USC Sec. 352c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 352c. Reimbursement of allottees or heirs for taxes paid on
      lands patented in fee before end of trust

-STATUTE-
      The Secretary of the Interior is hereby authorized, under such
    rules and regulations as he may prescribe, to reimburse Indian
    allottees, or Indian heirs or Indian devisees of allottees, for all
    taxes paid, including penalties and interest, on so much of their
    allotted lands as have been patented in fee prior to the expiration
    of the period of trust without application by or consent of the
    patentee: Provided, That if the Indian allottee, or his or her
    Indian heirs or Indian devisees, have by their own act accepted
    such patent, no reimbursement shall be made for taxes paid,
    including penalties and interest, subsequent to acceptance of the
    patent: Provided further, That the fact of such acceptance shall be
    determined by the Secretary of the Interior.
      In any case in which a claim against a State, county, or
    political subdivision thereof, for taxes collected upon such lands
    during the trust period has been reduced to judgment and such
    judgment remains unsatisfied in whole or in part, the Secretary of
    the Interior is authorized, upon reimbursement by him to the Indian
    of the amount of taxes including penalties and interest paid
    thereon, and upon payment by the judgment debtor of the costs of
    the suit, to cause such judgment to be released: Provided further,
    That in any case, upon submission of adequate proof, the claims for
    taxes paid by or on behalf of the patentee or his Indian heirs or
    Indian devisees have been satisfied, in whole or in part, by the
    State, county, or political subdivision thereof, the Secretary of
    the Interior is authorized to reimburse the State, county, or
    political subdivision for such amounts as may have been paid by
    them.

-SOURCE-
    (June 11, 1940, ch. 315, Sec. 1, 54 Stat. 298; Feb. 10, 1942, ch.
    56, Sec. 1, 56 Stat. 87.)


-MISC1-
                                AMENDMENTS                            
      1942 - Act Feb. 10, 1942, inserted two provisos to first par.,
    substituted in first par. "Indian allottees, or Indian heirs or
    Indian devisees of allottees" and "have been patented" for "Indian
    allottees and Indian heirs of allottees" and "having been
    patented", struck out from first par. ", has been or may be
    restored to trust status through cancellation of the fee patent by
    the Secretary of the Interior" after "consent of the patentee",
    designated as second par, the two provisos of original par.,
    inserted in second par. "in whole or in part" after "remains
    unsatisfied" and substituted in second par. "during the trust
    period" and "by the judgment debtor" for "while the patent in fee
    was outstanding" and "by the State, county, or political
    subdivision thereof" and in proviso ", upon submission of adequate
    proof, the claims for taxes paid by or on behalf of the patentee or
    his Indian heirs or Indian devisees have been satisfied, in whole
    or in part, by the State, county, or political subdivision thereof,
    the Secretary of the Interior is authorized to reimburse the State,
    county, or political subdivision for such amounts as may have been
    paid by them" for "in which a claim has been reduced to judgment
    and such judgment has been satisfied, the Secretary of the Interior
    is authorized, upon proof of satisfaction thereof, to reimburse the
    State, county, or political subdivision thereof, for the actual
    amount of the judgment, exclusive of the costs of litigation".

                              APPROPRIATIONS                          
      Section 2 of act Feb. 10, 1942, authorized appropriations to
    remain available until expended.

-End-



-CITE-
    25 USC Sec. 353                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 353. Sections inapplicable to certain tribes

-STATUTE-
      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-
    (June 25, 1910, ch. 431, Secs. 32, 33, 36 Stat. 863.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is act June 25, 1910, ch. 431, 36
    Stat. 855, as amended, which enacted sections 47, 93, 151, 202,
    337, 344a, 351, 352, 353, 372, 403, 406, 407, and 408 of this
    title, sections 6a-1 and 16a of Title 41, Public Contracts, and
    section 148 of Title 43, Public Lands, and amended sections 191,
    312, 331, 333, and 336 of this title and sections 104 and 107 of
    former Title 18, Criminal Code and Criminal Procedure. Sections 104
    and 107 of former Title 18 were repealed and reenacted as sections
    1853 and 1856 of Title 18, Crimes and Criminal Procedure, by act
    June 25, 1948, ch. 645, 62 Stat. 683. For complete classification
    of this Act to the Code, see Tables.

-COD-
                               CODIFICATION                           
      The first and second sentences are from sections 33 and 32,
    respectively of act June 25, 1910.

-End-



-CITE-
    25 USC Sec. 354                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 354. Lands not liable for debts prior to final patent

-STATUTE-
      No lands acquired under the provisions of this Act shall, in any
    event, become liable to the satisfaction of any debt contracted
    prior to the issuing of the final patent in fee therefor.

-SOURCE-
    (Feb. 8, 1887, ch. 119, as added June 21, 1906, ch. 3504, 34 Stat.
    327.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is act Feb. 8, 1887, ch. 119, 24
    Stat. 388, as amended, and is popularly known as the Indian General
    Allotment Act. For classification of this Act to the Code, see
    Short Title note set out under section 331 of this title and
    Tables.

-End-



-CITE-
    25 USC Sec. 355                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 355. Laws applicable to lands of full-blooded members of Five
      Civilized Tribes

-STATUTE-
      The lands of full-blooded members of any of the Five Civilized
    Tribes are made subject to the laws of the State of Oklahoma,
    providing for the partition of real estate. Any land allotted in
    such proceedings to a full-blood Indian, or conveyed to him upon
    his election to take the same at the appraisement, shall remain
    subject to all restrictions upon alienation and taxation obtaining
    prior to such partition. In case of a sale under any decree, or
    partition, the conveyance thereunder shall operate to relieve the
    land described of all restrictions of every character.

-SOURCE-
    (June 14, 1918, ch. 101, Sec. 2, 40 Stat. 606.)


-MISC1-
      CHOCTAW TRIBE; SALE OF LANDS AND INTERESTS THEREIN; TRANSFER TO
         TRIBAL CORPORATION OR FOUNDATION; PER CAPITA DISTRIBUTION
      Pub. L. 91-386, Sec. 1, Aug. 24, 1970, 84 Stat. 828, repealed
    Pub. L. 86-192, Secs. 1-12, Aug. 25, 1959, 73 Stat. 420, as amended
    by Pub. L. 87-609, Secs. 1, 2, Aug. 24, 1962, 76 Stat. 405; Pub. L.
    89-107, Aug. 4, 1965, 79 Stat. 432; Pub. L. 90-476, Aug. 11, 1968,
    82 Stat. 703, which provided for termination of Federal supervision
    over affairs of the Choctaw Tribe, including termination of
    eligibility of individual Choctaw members for certain Federal
    services and benefits provided Indians because of their status as
    Indians; authority to establish a trustee, corporation, or other
    legal entity under State law as a successor in interest to the
    tribal entity; and authority for Secretary of the Interior to sell
    land and interest in land owned by the Choctaw Tribe for benefit of
    the tribe, to convey to the successor entity certain lands and
    mineral interests of the Choctaw Tribe, and to distribute per
    capita funds held by the United States for benefit of the Choctaw
    Tribe.
      Section 2 of Pub. L. 91-386 provided that: "Repeal of the Act of
    August 25, 1959 [see note above] shall not be construed to
    abrogate, impair, annul, or otherwise affect any right or interest
    which may have vested under the provisions of said Act nor shall
    repeal affect any legal action pending on the date of enactment of
    this Act [Aug. 24, 1970]."

               EXTENSION OF PERIOD OF RESTRICTIONS ON LANDS           
      Act Aug. 11, 1955, ch. 786, 69 Stat. 666, extended for the lives
    of the Indians who own lands the period of restrictions against
    alienation, lease, mortgage, or other encumbrance of land; provided
    for application to Secretary of the Interior for removal of
    restrictions; authorized the Secretary, without application, to
    remove restrictions on lands of Indians who are able to manage
    their own affairs; permitted proceeding in county court where
    Secretary disapproved or failed to either approve or disapprove the
    application for removal; granted right of appeal; required
    Secretary to turn over full ownership and control of any money and
    property held in trust when an order removing restrictions becomes
    effective; and, continued existing exemptions from taxation that
    constitute a vested property right.

       REMOVAL OF LAND RESTRICTION AT DEATH; APPROVAL OF CONVEYANCE;
           JURISDICTION OF OKLAHOMA STATE COURTS; TAX EXEMPTION
      Act Aug. 4, 1947, ch. 458, 61 Stat. 731, provided that death
    removed restrictions on land; clarified the laws relating to the
    approval of conveyances of restricted lands; defined the
    jurisdiction of Oklahoma State courts over certain classes of
    Indian litigation; set out the procedure governing the removal of
    cases to the Federal courts and authorized appeals from orders of
    remand; and limited the tax-exempt acreage of restricted Indian
    lands.
      Section 6(e) of act Aug. 4, 1947, was amended by act Aug. 12,
    1953, ch. 409, Sec. 2, 67 Stat. 558, by permitting the filing of a
    list of nontaxable lands that have been sold during the preceding
    year, instead of cumulative lists showing all restricted lands of
    the Five Civilized Tribes that are tax exempt.

               VALIDATION OF LAND TITLES AND COURT JUDGMENTS           
      Act July 2, 1945, ch. 223, 59 Stat. 313, validated titles to
    certain lands conveyed by the Indians of the Five Civilized Tribes
    on and after April 26, 1931, and prior to July 2, 1945; amended act
    Jan. 27, 1933, ch. 23, 47 Stat. 777, by limiting restrictions on
    the alienation of lands or interests in lands acquired by
    inheritance, devise, or in any other manner where such lands or
    interests were not restricted against alienation at the time of
    acquisition, and all conveyances executed after Jan. 27, 1937, and
    prior to July 2, 1945; and validated State court judgments in
    Oklahoma and judgments of the United States District Courts of the
    State of Oklahoma.

                            CREATION OF TRUSTS                        
      Act Jan. 27, 1933, ch. 23, 47 Stat. 777, as amended by act Aug.
    4, 1947, ch. 458, Sec. 12, 61 Stat. 734, provided for the creation
    of trusts by Indians; authorized transfers to trustees; denied
    release of trust agreement restrictions and alienation of corpus
    and income; made approved contracts irrevocable; provided remedy
    for illegally procured trusts by cancellation proceedings; and
    delegated administration of act to Secretary of the Interior.

       REMOVAL OF RESTRICTIONS FROM PART OF ALLOTTED LANDS; LEASES;
                   TAXATION; APPOINTMENT OF LOCAL AGENTS
      Act May 27, 1908, ch. 199, 35 Stat. 312, as amended by act Apr.
    12, 1926, ch. 115, Sec. 1, 44 Stat. 239, provided in part for the
    removal of restrictions from part of the lands of allottees;
    authorized leases of allotted lands; made unrestricted lands
    subject to taxation; voided alienation or incumbrance of restricted
    lands; and authorized appointment of local agents to investigate
    estates of minors and to advise and represent allottees.

         FINAL DISPOSITION OF AFFAIRS OF THE FIVE CIVILIZED TRIBES     
      Act Apr. 26, 1906, ch. 1876, 34 Stat. 137, provided in part for
    membership and enrollment rules; required patents to issue in name
    of allottee and to be recorded; transferred records of land offices
    to the clerk of the United States district court; transferred
    control of tribal schools to Secretary of the Interior; abolished
    tribal taxes; extended restrictions on alienation of allotted
    lands; authorized conveyances of inherited lands; authorized
    disposal of property by will; provided that lands upon dissolution
    of the tribes be held in trust by the United States; and continued
    tribal governments.

-End-



-CITE-
    25 USC Sec. 356                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 356. Allowance of undisputed claims of restricted allottees of
      Five Civilized Tribes

-STATUTE-
      No undisputed claims to be paid from individual moneys of
    restricted allottees, or their heirs, or uncontested agricultural
    and mineral leases (excluding oil and gas leases) made by
    individual restricted Indian allottees, or their heirs, shall be
    forwarded to the Secretary of the Interior for approval, but all
    such undisputed claims or uncontested leases (except oil and gas
    leases) shall be paid, approved, rejected, or disapproved by the
    Superintendent for the Five Civilized Tribes of Oklahoma: Provided,
    however, That any party aggrieved by any decision or order of the
    Superintendent for the Five Civilized Tribes of Oklahoma may appeal
    from the same to the Secretary of the Interior within thirty days
    from the date of said decision or order.

-SOURCE-
    (Feb. 14, 1920, ch. 75, Sec. 18, 41 Stat. 426.)

-COD-
                               CODIFICATION                           
      The clause "heretofore required to be approved under existing law
    by the Secretary of the Interior" after the words "but all such
    undisputed claims or uncontested leases (except oil and gas
    leases)" omitted from text as superfluous.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out in the Appendix to Title 5, Government
    Organization and Employees.

-End-



-CITE-
    25 USC Sec. 357                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 357. Condemnation of lands under laws of States

-STATUTE-
      Lands allotted in severalty to Indians may be condemned for any
    public purpose under the laws of the State or Territory where
    located in the same manner as land owned in fee may be condemned,
    and the money awarded as damages shall be paid to the allottee.

-SOURCE-
    (Mar. 3, 1901, ch. 832, Sec. 3, 31 Stat. 1084.)

-COD-
                               CODIFICATION                           
      Section is comprised of the second paragraph of section 3 of act
    Mar. 3, 1901. The first paragraph of such section 3 is classified
    to section 319 of this title.

-End-



-CITE-
    25 USC Sec. 358                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 9 - ALLOTMENT OF INDIAN LANDS

-HEAD-
    Sec. 358. Repeal of statutory provisions relating to survey,
      classification, and allotments which provide for repayment out of
      Indian moneys

-STATUTE-
      Any and all provisions contained in any Act passed prior to March
    7, 1928, for the survey, resurvey, classification, and allotment of
    lands in severalty under the provisions of the Act of February 8,
    1887 (24 Stat. 388), which provide for the repayment of funds
    appropriated proportionately out of any Indian moneys held in trust
    or otherwise by the United States and available by law for such
    reimbursable purposes, are repealed: Provided further, That the
    repeal shall not affect any funds authorized to be reimbursed by
    any special Act of Congress wherein a particular or special fund is
    mentioned from which reimbursement shall be made.

-SOURCE-
    (Mar. 7, 1928, ch. 137, Sec. 1, 45 Stat. 206.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of February 7, 1887, referred to in text, is popularly known
    as the Indian General Allotment Act. For classification of this Act
    to the Code, see Short Title note set out under section 331 of this
    title and Tables.

-End-