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Summary of Act of June 21, 1906 (34 Stat. 325) Permits the president to continue trust periods or periods of restrictions on all lands in trust. This provision was not applied to Indian Territory (Oklahoma). Amends the General Allotment Act by adding that no lands acquired under the provisions of the GAA shall satisfy or become payment for any debt contracted before the issuing of the final fee patent. It further states that no money from any lease or sale of lands held in trust for any Indian will pay debts contracted during the same trust period except with the approval and consent of the Secretary of the Interior. States that any Indian land allotted under law or treaty without the power of alienation may be sold by the Indian if it lies within a reclamation project area approved by the Secretary of the Interior. Click here for full text in Kappler’s Indian Affairs: Laws and Treaties, produced by Oklahoma State University Library. Summary of Act of March 1, 1907 (34 Stat. 1015) (page 269) Any “noncompetent” Indian to whom a patent containing restrictions against alienation has been issued for an allotment in severalty under law or treaty, or who may have an interest in an allotment by inheritance, may sell or convey all or any part of such an allotment or such inherited interest “under such rules and regulations as the Secretary of the Interior may prescribe” before the time when such restriction was to have expired. Click here for full text in Kappler’s Indian Affairs: Laws and Treaties, produced by Oklahoma State University Library. Summary of Act of March 2, 1907 (34 Stat. 1221) Applies the principles of dividing land in severalty found in the General Allotment Act to the realm of funds. Section one of the act authorizes the Secretary of the Interior to designate which Indians are capable of managing his or her affairs and cause a pro rata (or fixed proportional) share of tribal or trust funds to be allotted to them. An Indian must make an application for this. Section two of the act authorizes the payment of the pro rata share of tribal funds to Indians who are “blind, crippled, decrepit, or helpless from old age, disease, or accident.” Click here for full text in Kappler’s Indian Affairs: Laws and Treaties, produced by Oklahoma State University Library.
Expands the authority of the Secretary of the Interior and heirs of deceased allottees to sell allotted lands. Permits the Secretary of the Interior to make sales of allotments upon the death of the original allottee and also issue a patent to the vendee of such Indian heirship lands. The act authorizes the Secretary to determine the legal heirs of an original allottee who has died before the end of the trust period and make sales of the allotment if he deems those heirs incompetent. If the heirs are deemed competent, the Secretary is authorized to issue patents-in-fee to them for the allotment. Extends the authority to sell allotments which could be sold by the Secretary of the Interior under law existing prior to the act to the allottee or his heirs if they petition to sell the lands (this provision does not extend to lands in Oklahoma, Minnesota, or South Dakota). The lands of a minor or an Indian deemed incompetent by the Secretary may be sold on the petition of a natural guardian or one appointed by the Secretary of the Interior. Click here for full text in Kappler’s Indian Affairs: Laws and Treaties, produced by Oklahoma State University Library. Summary of Act of March 3, 1909, ch. 263 (35 Stat. 783) States that all allotments to Indians, except those made to members of the Five Civilized Tribes and Osage, may be leased for mining purposes for any term of years as may be deemed advisable by the Secretary of the Interior. Also states that “if any Indian of a tribe whose surplus lands have been or shall be ceded or opened to disposal has received or shall receive an allotment embracing lands unsuitable for allotment purposes, such allotment may be canceled and other unappropriated, unoccupied, and unreserved land of equal area, within the ceded portions of the reservation upon which such Indian belongs, allotted to him upon the same terms and with the same restrictions as the original allotment, and lands described in any such canceled allotment shall be disposed of as other ceded lands of such reservation. This provision shall not apply to the lands formerly comprising Indian Territory.” Click here for full text in Kappler’s Indian Affairs: Laws and Treaties, produced by Oklahoma State University Library. |
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