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LegalText 25 U.S.C. § 349 Patents in fee to allottees us united_states_code code_section 25 INDIANS 9 ALLOTMENT OF INDIAN LANDS 349 25 U.S.C. § 349 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc25@119-100.zip /us/usc/t25/s349 data/legal/raw/us/code/title-25/usc25.xml e088be0fc56cb8950c8b92e2c35ab477b1ebf7d6c880ee616ccdf03011c7eb0d d4661d83bff6862be548ac8e843ba61e942ed983aade7cf83cb7dbc3dcd08168 e8a0fa8ed59e80766d63151b98e0b67a471f95c7623e115d53bc57d63e1d2935 2026-07-04 official
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25 U.S.C. § 349 - Patents in fee to allottees

Text

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, § 6, 24 Stat. 390; May 8, 1906, ch. 2348, 34 Stat. 182.)

Notes

Editorial Notes

References in TextThis Act, referred to in text, is act Feb. 8, 1887, ch. 119, 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.

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.