Burke Act

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Contents

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

Only a licensed lawyer may provide legal advice. The Encyclopedia of Law provides Burke Act information for attorneys, law Students and the interested public as a free and open service, including information for 25 U.S.C. § 349 : US Code – Section 349: Patents in fee to allottees

Related pieces of legislation:

  1. Canal Act Of 1890
  2. Aliens' Real Estate Ownership Acts
  3. Bryson Act
  4. Customs Reorganization Act
  5. Clarke-McNary Act
  6. Architectural Barriers Act Of 1968
  7. Bureau Of Land Management Drug Enforcement Supplemental Authority Act
  8. Stone Act
  9. Administrative Assistants Acts
  10. Asian Development Bank Act
  11. Conspiracy Act
  12. Burke-Wadsworth Act
  13. Wadsworth-Burke Bill
  14. To designate the facility of the United States Postal Service located at 304 West Michigan Street in Stuttgart, Arkansas, as the "Lloyd L. Burke Post Office"
  15. An Act to designate the building which will house the Federal Court for the Eastern District of Texas in Lufkin, Texas, as the "Ward R. Burke Federal Court Building"
  16. An act to designate the building known as the Federal Building and United States Courthouse in Greenville, South Carolina, as the "Clement F. Haynsworth, Jr Federal Building", the building known as the Quincy Post Office in Quincy, Massachusetts, as the "James A. Burke Post Office", and the United States Post Office Building in Portsmouth, Ohio, as the "William H. Harsha United States Post Office Building"
  17. Agricultural Marketing Act
  18. Federal Trade Commission Act
  19. Acadia National Park Acts
  20. Agricultural Entry Acts

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