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Thursday, October 22, 2020 | History

4 edition of Remove restrictions and issue patents in fee to competent Indian allottees found in the catalog.

Remove restrictions and issue patents in fee to competent Indian allottees

United States. Congress. Senate. Committee on Indian Affairs

Remove restrictions and issue patents in fee to competent Indian allottees

report : [To accomopany S. 7916].

by United States. Congress. Senate. Committee on Indian Affairs

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Published by [s.n.] in Washington .
Written in English


Edition Notes

SeriesReport / 60th Congress, 2nd session, Senate ; no. 774
Classifications
LC ClassificationsMicrofilm 83/6235 (E)
The Physical Object
Pagination1 p. ; 22 cm.
Number of Pages22
ID Numbers
Open LibraryOL2796479M
LC Control Number83225779

The lands in controversy were located in the Indian Territory, were allotted under certain acts of Congress, to which we shall have occasion to refer later, and were inherited by Marchie Tiger during the year from his deceased brother and sisters, Sam, Martha, Lydia, and Louisa Tiger, also members of the Creek nation, and allottees of the. Issuance of fee-simple patents to certain Indians [microform]: letter from the Acting Secretary of the Interior, transmitting a draft of proposed legistration.. [United States] on *FREE* shipping on qualifying : United States.

The patent term adjustment to date is days. If the issue fee is paid on the date that is three months after the mailing date of this notice and the patent issues on the Tuesday before the date that is 28 weeks (six and a half months) after the mailing date of this notice, the term adjustment will be days. Fees. You agree to pay to the AAP the current subscription fee detailed at enrollment or otherwise provided on the Website, including the then-current fee during any renewal term. The AAP reserves the right, without prior notice, to suspend your use of the Materials if owed fees .

the Interior the discretion to remove allotted land from trust status and to issue fee simple patents, either upon the death of an Indian allottee or upon a finding that an allottee was “competent and cap able of managing his or her affairs.” 34 Stat. at Upon issuance of fee simple patents, such Indian owned land would then be freely. (S. ) to authorize the Secretary of the Interior to issue a patent in fee to Mary Campbell, a Nez Perce allottee, having had the same under consideration, report it back with a recommendation that it pass. The object of this proposed enactment is to convey to l\Iary Camp­ bell, a quarter-blood Nez Perce Indian, a patent in fee for a portion of.


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Remove restrictions and issue patents in fee to competent Indian allottees by United States. Congress. Senate. Committee on Indian Affairs Download PDF EPUB FB2

The secretary of the interior could issue fee patents to the heirs as a group or otherwise remove the restrictions; the Burke Act amends the General Allotment Act by granting citizenship to Indian allottees after a patent in fee simple is granted to them.

the secretary may issue patents in fee to the “competent” heirs for their. DETERMINATION OF & PARTITION AMONG HEIRS AND ISSUANCE OF FEE PATENTS TO COMPETENT HEIRS: 6/25/ to 2/14/ to 5/18/ to Present date () If secretary finds land capable of division and to advantage on heirs; Secretary to issue patents in fee to competent heirs.

(Not applicable to Oklahoma.) 3: All: All ". Burke Act, also known as the Forced Fee Patenting Act, amended the Dawes Act of (formally known as the General Allotment Act ("GAA"), under which the communal land held by tribes on the Indian reservations was broken up and distributed in severalty to individual households of tribal members.

It required the government to assess whether individuals were "competent and capable" before giving Enacted by: the 59th United States Congress. restrictions on alienation of Indian lands to protect the Indian allottees. Indian titles necessitate attention to detail and research in the several treatises on Indian land law.

(See Appendix A for research inform-ation.) Title examiners typically find that Indian Law File Size: KB. Page - That 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.

Any Indian of 21 years or over who holds an allotment of land under a trust patent can (1) Procure a patent in fee under the act of May 8, (34 Stat., ), provided it is shown that he is competent to care for his affairs.

In the Burke Act (also known as the forced patenting act) amended the GAA to give the Secretary of the Interior the power to issue allottees a patent in fee simple to people classified "competent and capable." The criteria for this determination is unclear but meant that allottees deemed "competent" by the Secretary of the Interior would have their land taken out of trust status, subject to Enacted by: the 49th United States Congress.

The Secretary of the Interior, or his duly authorized representative, is authorized in his discretion, and upon application of the Indian owners, to issue patents in fee, to remove restrictions against alienation, and to approve conveyances, with respect to lands or interests in lands held by individual Indians under the provisions of sections,toto.

held fee title to Indian lands as "guardian" for the tribes, subject to dealing with restrictions on alienation by allottees of the Five Civilized When reviewing an Indian allotment, the patent will show the name of the tribe and the roll number of the.

Cleverdon, supra note 3, at 6. If the Secretary deems an Indian who has been allotted lands under the General Allotment Act competent to manage his own affairs, he may issue to him a patent in fee which is the same thing as removing the restrictions as to that land.

See Chatterton. Where fee patent containing restrictions, rather than a trust patent was issued. Not applicatble in Oklahoma.

6 All All " As above except after this date applicable to Kaw indians in Oklahoma. 6 All All WILLS 6/25/ to 2/14/ to Present date () By allottees, in accordance with rules prescribed by Secretary ofFile Size: 34KB.

The proviso, however, enabled the Secretary of the Interior to issue fee patents to certain allottees before expiration of the trust period. Although such a fee patent would not subject its Indian owner to plenary state jurisdiction, fee ownership would free the land of "all restrictions as to sale, incumbrance, or taxation." 25 U.

§ By Act of Febru44 Stat.25 U.S.C.A. § a, the Secretary of the Interior was empowered, in his discretion, to cancel any patent in fee-simple issued to an Indian allottee or to his heirs before the end of the period of trust described in the original or trust patent, or before the expiration of any extension of the trust period, "where such patent in fee simple was issued without the consent.

37 CFR Issuance of patent. If applicant timely pays the issue fee, the Office will issue the patent in regular course unless the application is withdrawn from issue (§ ) or the Office defers issuance of the request that the Office defer issuance of a patent, applicant must file a petition under this section including the fee set forth in § (h) and a showing of good.

Page 46 - 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.

§ Information regarding status of applications for removal of Federal supervision over Indian lands. § Application for patent in fee. § Issuance of patent in fee. § Issuance of patents in fee to non-Indians and Indians with whom a special relationship does not exist. § Application for certificate of competency.

This determination was explicitly confirmed in a amendment to the Act, known as the Burke Act, which includes a proviso authorizing the Secretary of the Interior, "whenever satisfied that any Indian allottee is competent, to.

issue to such allottee a patent in fee simple," and provides that "thereafter all restrictions as to taxation of said land shall be removed.". The Secretary of the Interior is authorized to issue a certificate of competency to any Indian ("or in case of his death to his heirs") to whom a patent in fee containing restrictions on alienation has been, or may be issued.

"And such certificate shall have the effect of. opposing grant of patent under section 25(1). 7A No fee No fee No fee No fee No fee No fee On giving notice that hearing before ontroller shall be attended under rule 62(2).

- 3 On application under sections 28(2), 28(3) or 28(7). 8 File Size: KB. 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 * * *.

(Emphasis supplied.) 2 IBIA. We have a series of Indian Fee Patents in RG 49 (Entry UD ). The Indian Office supervised the requests for Fee Patents and transmitted the information of approval to the Land Office, where the Fee Patent was issued and recorded in the Tract Book.

We only have the tract books for the western states; the rest are still at the BLM.Emergency Medical Treatment & Labor Act (EMTALA) Freedom of Information Act (FOIA) Legislative Update. Paperwork Reduction Act (PRA) of Regulations & Policies.

CMS Standard Posting Requirements. Quarterly Provider Updates. Medicare Fee-for-Service Payment Regulations. Review Boards and Administrative Decisions. CMS Hearing Officer.Febru Ratified J and before any patents shall issue for any part of said lands, one hundred thousand dollars shall be deposited with the Secretary of the Interior, to be forfeited in case the whole of the lands are not paid for as herein provided; (said money may be applied as the payment for the last one hundred.