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Act of May 29, 1908 (35 Stat. 444)

Relevant Provisions: 
Sale of allotments; determination of legal heirs; competency; powers of the secretary of the interior

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 to 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 person deemed” incompetent” by the secretary may be sold on the petition a natural guardian or one appointed by the secretary of the interior.

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

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