The lands of full-blooded members of any of the Five Civilized Tribes are made subject to the laws of the State of Oklahoma, providing for the partition of real estate. Any land allotted in such proceedings to a full-blood Indian, or conveyed to him upon his election to take the same at the appraisement, shall remain subject to all restrictions upon alienation and taxation obtaining prior to such partition. In case of a sale under any decree, or partition, the conveyance thereunder shall operate to relieve the land described of all restrictions of every character.
June 14, 1918, ch. 101, § 240 Stat. 606(, .)
Statutory Notes and Related Subsidiaries
Choctaw Tribe; Sale of Lands and Interests Therein; Transfer to Tribal Corporation or Foundation; Per Capita Distribution
Pub. L. 91–386, § 184 Stat. 828Pub. L. 86–19273 Stat. 420Pub. L. 87–60976 Stat. 405Pub. L. 89–10779 Stat. 432Pub. L. 90–47682 Stat. 703, , , repealed , §§ 1–12, , , as amended by , §§ 1, 2, , ; , , ; , , , which provided for termination of Federal supervision over affairs of the Choctaw Tribe, including termination of eligibility of individual Choctaw members for certain Federal services and benefits provided Indians because of their status as Indians; authority to establish a trustee, corporation, or other legal entity under State law as a successor in interest to the tribal entity; and authority for Secretary of the Interior to sell land and interest in land owned by the Choctaw Tribe for benefit of the tribe, to convey to the successor entity certain lands and mineral interests of the Choctaw Tribe, and to distribute per capita funds held by the United States for benefit of the Choctaw Tribe.
Pub. L. 91–386, § 284 Stat. 828
Extension of Period of Restrictions on Lands
Act Aug. 11, 1955, ch. 78669 Stat. 666Pub. L. 115–399, § 4(1)132 Stat. 5333, , as amended by , , , provided for application to Secretary of the Interior for removal of restrictions against alienation, lease, mortgage, or other encumbrance of land; authorized the Secretary, without application, to remove restrictions on lands of Indians who are able to manage their own affairs; permitted proceeding in county court where Secretary disapproved or failed to either approve or disapprove the application for removal; granted right of appeal; required Secretary to turn over full ownership and control of any money and property held in trust when an order removing restrictions becomes effective; and, continued existing exemptions from taxation that constitute a vested property right.
Pub. L. 115–399, § 4(1)act Aug. 11, 1955, ch. 786[, which amended act , ch. “768”, by repealing the first section, was executed to , see above, to reflect the probable intent of Congress.]
Restriction on Alienation of Certain Lands; Approval of Conveyance; Jurisdiction of Oklahoma State Courts; Tax Exemption
Pub. L. 115–399, § 5132 Stat. 5333
Act Aug. 4, 1947, ch. 45861 Stat. 731act Aug. 12, 1953, ch. 409, § 267 Stat. 558Pub. L. 115–399132 Stat. 5331–5333, , as amended by , ; , §§ 2, 3, 4(2), , , provided that certain restrictions on alienation of land were extended until an Act of Congress determined otherwise, including interests in estates of decedent Indians who died before ; clarified the laws relating to the approval of conveyances of restricted lands; defined the jurisdiction of Oklahoma State courts over certain classes of Indian litigation; set out the procedure governing the removal of cases to the Federal courts and authorized appeals from orders of remand; preserved the right to seek removal of restrictions; preserved land transactions entered into before ; and limited the tax-exempt acreage of restricted Indian lands.
Validation of Land Titles and Court Judgments
Act July 2, 1945, ch. 22359 Stat. 313act Jan. 27, 1933, ch. 2347 Stat. 777, , validated titles to certain lands conveyed by the Indians of the Five Civilized Tribes on and after , and prior to ; amended , , by limiting restrictions on the alienation of lands or interests in lands acquired by inheritance, devise, or in any other manner where such lands or interests were not restricted against alienation at the time of acquisition, and all conveyances executed after , and prior to ; and validated State court judgments in Oklahoma and judgments of the United States District Courts of the State of Oklahoma.
Creation of Trusts
Act Jan. 27, 1933, ch. 2347 Stat. 777act Aug. 4, 1947, ch. 458, § 1261 Stat. 734, , as amended by , , provided for the creation of trusts by Indians; authorized transfers to trustees; denied release of trust agreement restrictions and alienation of corpus and income; made approved contracts irrevocable; provided remedy for illegally procured trusts by cancellation proceedings; and delegated administration of act to Secretary of the Interior.
Removal of Restrictions From Part of Allotted Lands; Leases; Taxation; Appointment of Local Agents
Act May 27, 1908, ch. 19935 Stat. 312act Apr. 12, 1926, ch. 115, § 144 Stat. 239, , as amended by , , provided in part for the removal of restrictions from part of the lands of allottees; authorized leases of allotted lands; made unrestricted lands subject to taxation; voided alienation or incumbrance of restricted lands; and authorized appointment of local agents to investigate estates of minors and to advise and represent allottees.
Final Disposition of Affairs of the Five Civilized Tribes
Act Apr. 26, 1906, ch. 187634 Stat. 137, , provided in part for membership and enrollment rules; required patents to issue in name of allottee and to be recorded; transferred records of land offices to the clerk of the United States district court; transferred control of tribal schools to Secretary of the Interior; abolished tribal taxes; extended restrictions on alienation of allotted lands; authorized conveyances of inherited lands; authorized disposal of property by will; provided that lands upon dissolution of the tribes be held in trust by the United States; and continued tribal governments.