§ 334. — Allotments to Indians not residing on reservations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC334]
TITLE 25--INDIANS
CHAPTER 9--ALLOTMENT OF INDIAN LANDS
Sec. 334. Allotments to Indians not residing on reservations
Where any Indian not residing upon a reservation, or for whose tribe
no reservation has been provided by treaty, act of Congress, or
executive order, 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 quantities and manner as provided in this
act for Indians residing upon reservations; 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 patents shall
be issued to them for such lands in the manner and with the restrictions
as 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. 8, 1887, ch. 119, Sec. 4, 24 Stat. 389; 1946 Reorg. Plan No. 3,
Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
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.
The words ``provided in sections 348 and 349 of this title'',
referred to in text, were in the original ``as herein provided''.
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.