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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2201&num=0&edition=prelim) 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
File SHA-256: dac25c1f4a90a15fc9f7f542e5d70c05ef803a04d1d4093220c806529d81394e. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:record_usc_d3f81e76ade3b3507184a2d7 Source file: Laws/federal/codes/united-states-code/title-25/section-348-patents-to-be-held-in-trust-descent-and-partition--905234a619.md Pages: Not recorded – Not recorded Passage SHA-256: 06a8845f5f0ef8abda05ac78ac063b0a8a527e340fdf62507e705e19bb5712b7 Retained source evidence SHA-256: dac25c1f4a90a15fc9f7f542e5d70c05ef803a04d1d4093220c806529d81394e
Source location: Title 25, Chapter 9, § 348; chapter-009-allotment-of-indian-lands.md
Stored source content
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2201&num=0&edition=prelim) 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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this chapter—
(1) “Indian tribe” or “tribe” means any Indian tribe, band, group, pueblo, or community for which, or for the members of which, the United States holds lands in trust;
(2) “Indian” means—
(A) any person who is a member of any Indian tribe, is eligible to become a member of any Indian tribe, or is an owner (as of October 27, 2004) of a trust or restricted interest in land;
(B) any person meeting the definition of Indian under the Indian Reorganization Act ([25 U.S.C. 479](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section479&num=0&edition=prelim)) 11 See References in Text note below. and the regulations promulgated thereunder; and
(C) with respect to the inheritance and ownership of trust or restricted land in the State of California pursuant to [section 2206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2206&num=0&edition=prelim), any person described in subparagraph (A) or (B) or any person who owns a trust or restricted interest in a parcel of such land in that State.22 So in original. The period probably should be a semicolon.
(3) “Secretary” means the Secretary of the Interior;
(4)
(i) “trust or restricted lands” means lands, title to which is held by the United States in trust for an Indian tribe or individual, or which is held by an Indian tribe or individual subject to a restriction by the United States against alienation; and (ii) “trust or restricted interest in land” or “trust or restricted interest in a parcel of land” means an interest in land, the title to which interest is held in trust by the United States for an Indian tribe or individual, or which is held by an Indian tribe or individual subject to a restriction by the United States a
Stored review status: release_metadata_unconfirmed. The source passage cites 25 U.S.C. § 2201. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2201. Definitions
For the purpose of this chapter—
(1) ‘‘Indian tribe’’ or ‘‘tribe’’ means any In-
dian tribe, band, group, pueblo, or community
for which, or for the members of which, the
United States holds lands in trust;
(2) ‘‘Indian’’ means—
(A) any person who is a member of any In-
dian tribe, is eligible to become a member of
any Indian tribe, or is an owner (as of Octo-
ber 27, 2004) of a trust or restricted interest
in land;
(B) any person meeting the definition of
Indian under the Indian Reorganization Act
(25 U.S.C. 479) 1 and the regulations promul-
gated thereunder; and
(C) with respect to the inheritance and
ownership of trust or restricted land in the
State of California pursuant to section 2206
of this title, any person described in sub-
paragraph (A) or (B) or any person who owns
a trust or restricted interest in a parcel of
such land in that State.2
(3) ‘‘Secretary’’ means the Secretary of the
Interior;
(4)(i) ‘‘trust or restricted lands’’ means
lands, title to which is held by the United
States in trust for an Indian tribe or indi-
vidual, or which is held by an Indian tribe or
individual subject to a restriction by the
United States against alienation; and (ii)
‘‘trust or restricted interest in land’’ or ‘‘trust
or restricted interest in a parcel of land’’
means an interest in land, the title to which
interest is held in trust by the United States
for an Indian tribe or individual, or which is
held by an Indian tribe or individual subject to
a restriction by the United States against
alienation.2
(5) ‘‘heirs of the first or second degree’’
means parents, children, grandchildren, grand-
parents, brothers and sisters of a decedent.2
(6) ‘‘parcel of highly fractionated Indian
land’’ means a parcel of land that the Sec-
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 2201. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 348. Patents to be held in trust; descent and
partition
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 lo-
cated, and that at the expiration of said period
the United States will convey the same by pat-
ent 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 ex-
piration of the time above mentioned, such con-
veyance 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 Con-
solidation 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 pro-
vided, or sooner if in the opinion of the Presi-
dent it shall be for the b