Title 25IndiansRelease 119-84

§3 Untitled Section

Title 25 › Chapter CHAPTER 9— - ALLOTMENT OF INDIAN LANDS › § 3

Last updated Apr 22, 2026|Official source

Summary

Defines key words used in the Act. Allotment means a piece of land on the White Earth Reservation, Minnesota, given to a Chippewa Indian under the Acts of January 14, 1889 and February 8, 1887. Allottee means the person who got an allotment. Full blood means a White Earth Chippewa shown as full blood on the roll approved by the U.S. District Court for Minnesota on October 1, 1920, or later declared full blood by a federal court; it also includes a biological child of two such full blood parents or of one such full blood parent and one parent enrolled in another federally recognized tribe. Mixed blood means a White Earth Chippewa shown as mixed blood on that same 1920 roll, unless later declared full blood by a federal court, and includes descendants of those listed who are not full blood under the full-blood rule; it does not include Indians enrolled in tribes other than the White Earth Band. Tax forfeited means an allotment declared forfeited under State law for unpaid property taxes and moved to the State of Minnesota or to private or government parties. Majority and adult mean age 21 or older. Secretary means the Secretary of the Interior or an authorized representative. Trust period means the time the United States held an allotment in trust for the allottee or heirs; Executive Orders 4642 (May 5, 1927), 5768 (Dec. 10, 1931), and 5953 (Nov. 23, 1932) are treated as extending trust periods that otherwise would have ended in 1927, 1932, or 1933, and the Indian Reorganization Act of June 18, 1934 is treated as extending trust periods indefinitely for those that would have ended on or after June 18, 1934, except where the allotment was sold or mortgaged by adult mixed bloods, by non‑Indians, with Secretary approval, or where a federal court judgment on the sale or mortgage left the sale or mortgage in place. Interest means a fractional share less than the whole. Heir means a person who received or was entitled to receive an allotment or interest by succession under federal or Minnesota law, or who section 9 says is entitled to compensation under section 8 when Minnesota inheritance laws in effect on March 26, 1986 are applied (excluding spousal allowance and maintenance rules). Transfer means any act or transaction that changed who owned, possessed, or controlled an allotment or interest, including sales, mortgages, tax forfeitures, or state conveyances.

Full Legal Text

Title 25, §3

Indians — Source: USLM XML via OLRC

For purposes of this Act:
“(a)‘Allotment’ shall mean an allocation of land on the White Earth Reservation, Minnesota, granted, pursuant to the Act of January 14, 1889 (25 Stat. 642), and the Act of February 8, 1887 (24 Stat. 388) [see Short Title note above], to a Chippewa Indian.
“(b)‘Allottee’ shall mean the recipient of an allotment.
“(c)‘Full blood’ shall mean a Chippewa Indian of the White Earth Reservation, Minnesota, who was designated as a full blood Indian on the roll approved by the United States District Court for the District of Minnesota on October 1, 1920, or who was so designated by a decree of a Federal court of competent jurisdiction; it shall also refer to an individual who is not designated on said roll but who is the biological child of two full blood parents so designated on the roll or of one full blood parent so designated on the roll and one parent who was an Indian enrolled in any other federally recognized Indian tribe, band, or community.
“(d)‘Inherited’ shall mean received as a result of testate or intestate succession or any combination of testate or intestate succession, which succession shall be determined by the Secretary of the Interior or his authorized representative.
“(e)‘Mixed blood’ shall mean a Chippewa Indian of the White Earth Reservation, Minnesota, who was designated as a mixed blood Indian on the roll approved by the United States District Court of Minnesota on October 1, 1920, unless designated a full blood by decree of a Federal court of competent jurisdiction; it shall also refer to any descendants of an individual who was listed on said roll providing the descendant was not a full blood under the definition in subsection (c) of this section. The term ‘mixed blood’ shall not include an Indian enrolled in any federally recognized Indian tribe, band, or community other than the White Earth Band.
“(f)‘Tax forfeited’ shall mean an allotment which, pursuant to State law, was declared forfeited for nonpayment of real property taxes and purportedly transferred directly to the State of Minnesota or to private parties or governmental entities.
“(g)‘Majority’ shall mean the age of twenty-one years or older.
“(h)‘Secretary’ shall mean the Secretary of the Interior or his/or her authorized representative.
“(i)‘Trust period’ shall mean the period during which the United States held an allotment in trust for the allottee or the allottee’s heirs. For the purpose of this Act, the Executive Order Numbered 4642 of May 5, 1927, Executive Order Numbered 5768 of December 10, 1931, and Executive Order Numbered 5953 of November 23, 1932, shall be deemed to have extended trust periods on all allotments or interests therein the trust periods for which would otherwise have expired in 1927, 1932, or 1933, notwithstanding the issuance of any fee patents for which there were no applications, and if such allotments were not specifically exempted from the Executive orders; and the Indian Reorganization Act of June 18, 1934 [see Short Title note set out under section 5101 of this title], shall be deemed to have extended indefinitely trust periods on all allotments or interests therein the trust periods for which would otherwise have expired on June 18, 1934, or at any time thereafter. Said Executive orders and Act shall be deemed not to have extended the trust period for allotments or interests which were sold or mortgaged by adult mixed bloods, by non-Indians, or with the approval of the Secretary, or for allotments or interests which were sold or mortgaged by anyone where such sale or mortgage was the subject of litigation in Federal court which proceeded to a judgment on the merits and where the outcome of such litigation did not vacate or void said sale or mortgage.
“(j)‘Interest’, except where such item is used in conjunction with ‘compound’, shall mean a fractional holding, less than the whole, held in an allotment.
“(k)‘Adult’ shall mean having attained the age of majority.
“(l)‘Heir’ means a person who received or was entitled to receive an allotment or interest as a result of testate or intestate succession under applicable Federal or Minnesota law, or one who is determined under section 9, by the application of the inheritance laws of Minnesota in effect on March 26, 1986 (not including laws relating to spousal allowance and maintenance payments), to be entitled to receive compensation payable under section 8.
“(m)‘Transfer’ includes but is not limited to any voluntary or involuntary sale, mortgage, tax forfeiture or conveyance pursuant to State law; any transaction the purpose of which was to effect a sale, mortgage, tax forfeiture or conveyance pursuant to State law; any Act, event, or circumstance that resulted in a change of title to, possession of, dominion over, or control of an allotment or interest therein.

Reference

Citations & Metadata

Citation

25 U.S.C. § 3

Title 25Indians

Last Updated

Apr 22, 2026

Release point: 119-84