Burke Act

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Burke Act

25 U.S.C. § 349 : US Code – Section 349: Patents in fee to allottees

This description of the Burke Act tracks the language of the U.S. Code, except that, sometimes, we use plain English and that we may refer to the “Act” (meaning Burke Act) rather than to the “subchapter” or the “title” of the United States Code.

U.S. Code Citation

25 U.S.C. § 349

U.S. Code Section and Head

  • United States Code – Section 349
  • Head of the Section: Patents in fee to allottees

Text of the Section

At the expiration of the trust period and when the lands have been conveyed to the Indians by patent in fee, as provided in section 348 of this title, then each and every allottee shall have the benefit of and be subject to the laws, both civil and criminal, of the State or Territory in which they may reside; and no Territory shall pass or enforce any law denying any such Indian within its jurisdiction the equal protection of the law: Provided, That the Secretary of the Interior may, in his discretion, and he is authorized, whenever he shall be 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 and said land shall not be liable to the satisfaction of any debt contracted prior to the issuing of such patent: Provided further, That until the issuance of fee-simple patents all allottees to whom trust patents shall be issued shall be subject to the exclusive jurisdiction of the United States: And provided further, That the rules of this Act shall not extend to any Indians in the former Indian Territory.

Burke Act (Continuation)

Authorities (Code of Federal Regulations)

Below is a list of parts, taken from the Parallel Table of Authorities (see Index), within the CFR for which this US Code piece (Burke Act) provides rulemaking authority. The Table lists rulemaking authority for regulations codified in the Code of Federal Regulations, which contains a section for U.S.C. citations.
Regulations are referred to using parts of the Titles of the CFR. Rules are arranged according to subject Code of Federal Regulations.

Legal Research

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