§ 349. — Patents in fee to allottees.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC349]
TITLE 25--INDIANS
CHAPTER 9--ALLOTMENT OF INDIAN LANDS
Sec. 349. Patents in fee to allottees
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.
(Feb. 8, 1887, ch. 119, Sec. 6, 24 Stat. 390; May 8, 1906, ch. 2348, 34
Stat. 182.)
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.
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.
Section Referred to in Other Sections
This section is referred to in sections 334, 336, 340 of this title.
