Local land office to make allotment, when.
Section 4 of an act of congress approved Feb. 8, 1887.
§ [106.] Where any Indian not residing upon a reservation or for whose tribe no reservation has been provided by treaty, act, of congress, or executive order, shall make settlement upon any surveyed or unsurveyed lands of the United States not otherwise appropriated, he or she shall be entitled, upon application to the local land office of the district in which the lands are located, to have the same allotted to him or her, and to his or her children, in quantities and manner as provided in this act for Indians residing upon reservations· and when such settlement is made upon unsurveyed lands, the grant to such Indians shall be adjusted upon the survey of the lands so as to conform thereto; and patents shall be issued to them for such lands in the manner and with the restrictions as herein provided. And the fees to which the officers of such local land office would have been entitled had such lands been entered under the general laws for the disposition of the public lands, shall be paid to them from any moneys in the treasury of the United States not otherwise appropriated, upon a statement of an account in their behalf for such fees by the commissioner of the general land office, and a certification of such account to the secretary of the treasury by the secretary of the interior.
Secretary of the interior to issue patents to allotees.Section 5 of an act of congress approved Feb. 8, 1887.
§ [107.] Upon the approval of the allotment provided for in this act by the secretary of the interior, he shall cause patents to issue therefor in the name of the allottees, which patents shall be of the legal effect, and declare that the Unite States does and will hold the land thus allotted for the period of twenty-five years, in trust for the sole u se and benefit of the Indian to whom such allotment shall have been made, or, in case of his decease, of his heirs according to the laws of the state or territory where such land is located, and that at the expiration of said period the United States will convey the same by patent to said Indian, or his heirs as aforesaid, in fee, discharged of said trust and free of all charge or incumbrance whatsoever provided, that the president of the United States may in any case in his discretion extend the period. And if any conveyance shall be made of the lands set apart and allotted as herein provided, or any contract made touching the same, before the expiration of the time above mentioned, such conveyance or contract shall be absolutely null and void; provided, that the law of descent and partition in force in the state or territory where such lands are situate shall apply thereto after patents therefor have been executed and delivered, except as herein otherwise provided; and the laws of the state of Kansas regulating the descent and partition of real estate shall, so far as practicable, apply to all lands in the Indian Territory which may be allotted in severalty under the provisions of this act; and provided further, that at any time after lands have been allotted to all the Indians of any tribe as herein provided, or sooner if in the opinion of the pre ident it shall be for the best interest of said tribe, it shall be lawful for the secretary of the interior to negotiate with such Indian tribe for the purchase and release by said tribe, in conformity with the treaty or statute under which such reservation is held, of such portions of its reservation not allotted as such tribe shall, from time to time, consent to sell, on such terms and conditions as shall be considered just and equitable between the United States and said tribe of Indians which purchase shall not be complete until ratified by congress, and the form and manner of executing such.
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