Summary of Act of June 25, 1910 (36 Stat. 269)

This act amends the General Allotment Act in several important ways.

Section 1: Sets forth a plan for the administration and disposal of allotment land estates. If an Indian allottee dies before the expiration of the trust period on his/her allotment and has died without a will, this act gives the Secretary of the Interior the power to determine legal heirs. If the Secretary finds the legal heirs competent to manage their own affairs, and that the lands are capable of partition, he may convey the lands to the heirs and issue them patents-in-fee. If the legal heirs are incompetent, the Secretary is authorized to sell the lands.

Section 2: Allows adult Indians the right to make wills for their allotments, prior to the expiration of the trust period. In order to have force, these wills need to be approved by the commissioner of Indian affairs and the Secretary of the Interior. This section is not extended to Oklahoma. (This section is amended by the Act of February 14, 1913.)

Section 3: Indian allotments or rights, titles, or interests in allotments may be surrendered by the allottee for the benefit of his or her children to whom no allotment of land has been made. The formal relinquishment must be approved by the Secretary of the Interior. The Secretary will then cause the relinquished estate to be allotted to the children. These allotments are subject to the same conditions as they were prior to the relinquishment.

Section 4: Any allotment held under a trust patent may be leased by the allottee for a period not to exceed five years.

Section 5: Makes any attempt to induce Indians to execute contracts, deeds, or mortgages based on Indian trust land illegal and a misdemeanor. This section does not apply to leases.

Section 8: Allows for Indian allottees to sell timber on allotments containing restrictions on alienation with the consent of the Secretary of the Interior.

Further sections of the act contain provisions on the cancellation and replacement of allotments on reservoir sites, amends Sections 1 and 4 of the Act of February 28, 1891, and makes several minor amendments to previous acts.

Click here for full text in Kappler’s Indian Affairs: Laws and Treaties, produced by Oklahoma State University Library.

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Summary of Act of February 14, 1913 (37 Stat. 678)

Amends Section 2 of the Act of June 25, 1910. Extends the right of Indian allottees to make wills to Indians having moneys or other property held in trust by the United States. Also states that the approval of the will does not terminate the trust period and the Secretary of the Interior may sell the lands for the use and benefit of the heirs or cause patents to be issued to the heirs.

Click here for full text in Kappler’s Indian Affairs: Laws and Treaties, produced by Oklahoma State University Library.

Summary of Act of May 18, 1916, ch. 125 (39 Stat. 127)

Contains a provision authorizing the leasing of potentially irrigable allotted lands where the Indian owner, by reason of age or disability, cannot personally occupy or improve the land.

If the Secretary of the Interior finds any inherited trust allotment or allotments are capable of partition to the advantage of the heirs, he may cause such lands to be partitioned among them, regardless of their competency. Under these circumstances, the Secretary may issue patents-in-fee to the competent heirs for their shares and trust patents to be issued to the incompetent heirs for the lands respectively or jointly set apart to them. The trust period of these lands will terminate in accordance with the terms of the original patent or order of extension of the trust period set out in said patent.

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, 1921, ch. 119 (41 Stat. 1232)

Authorizes the leasing of restricted allotments for farming and grazing purposes, subject to departmental regulations.

Summary of Act of September 21, 1922 (42 Stat. 994)

States that “wherever, in any law or treaty or in any patent issued to Indians allottees for lands in severalty pursuant to such law or treaty, there appears a provision to the effect that the lands so allotted can not be alienated without the consent of the President of the United States, the Secretary of the Interior shall have full power and authority to consent to or approve of the alienation of such allotments, in whole or in part, in his discretion, by deed, will, lease, or any other form of conveyance, and such consent or approval by the Secretary of the Interior hereafter had in all such cases shall have the same force and legal effect as though the consent or approval of the President had previously been obtained: Provided, however, That the approval by the Secretary of the Interior of wills by Indian allottees or their heirs involving lands held under such patents shall not operate to remove the restrictions against alienation unless such order of approval by said Secretary shall specifically so direct.”

Click here for full text in Kappler’s Indian Affairs: Laws and Treaties, produced by Oklahoma State University Library.

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