§343 Correction of errors in allotments and patents

Summary

The Secretary of the Interior can fix or cancel land allotments or patents made to an Indian when a double allotment was wrongfully given (for example under a false name) or when the land description in a patent is wrong. This power applies while the United States still holds the land in trust and for lands that have a conditional patent. If the original patent can’t be found, cancellation counts if it’s recorded with the Bureau of Land Management. Lands whose allotment patent is canceled can be opened to settlement without a proclamation if they would otherwise be open, but not until 60 days after cancellation. No conditional patent may be canceled without Congress’s permission, except for the corrections allowed here or when the patentee or heirs give it up to take another allotment.