§ 355. — Laws applicable to lands of fullblooded members of Five Civilized Tribes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC355]
TITLE 25--INDIANS
CHAPTER 9--ALLOTMENT OF INDIAN LANDS
Sec. 355. Laws applicable to lands of full-blooded members of
Five Civilized Tribes
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.
(June 14, 1918, ch. 101, Sec. 2, 40 Stat. 606.)
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 L. 91-386, Sec. 1, Aug. 24, 1970, 84 Stat. 828, repealed Pub.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.
