§ 336. — Allotments to Indians making settlement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC336]
TITLE 25--INDIANS
CHAPTER 9--ALLOTMENT OF INDIAN LANDS
Sec. 336. Allotments to Indians making settlement
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.
(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.)
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.
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.
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.
Section Referred to in Other Sections
This section is referred to in sections 353, 371, 406, 564h, 697,
747, 797, 843 of this title.
