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§ 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.



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