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Title 25, IndiansRelease 119-102

§334 Allotments to Indians Not Residing on Reservations

Title 25 › CHAPTER 9 — ALLOTMENT OF INDIAN LANDS › § 334

Last updated Aug 21, 2026|Official source

Summary

An Indian who does not live on a reservation, or whose tribe has no reservation, may settle on unclaimed U.S. public land and apply at the local land office to have that land allotted to them and to their children in the same amounts and way as allotments for Indians on reservations. If the land is not yet surveyed, the allotment will be adjusted after the survey. Patents will be issued with the same rules and limits as in sections 348 and 349. The local land office officers get the same fees they would have under the general public land laws. Those fees are paid from Treasury funds not already set aside, after the Secretary of the Interior sends a bill and certifies it to the Secretary of the Treasury.

Full Legal Text

Title 25, §334

Indians, Source: USLM XML via OLRC

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 for 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 provided in section 348 and 349 of this title. 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 Secretary of the Interior or such officer as he may designate, and a certification of such account to the Secretary of the Treasury by the Secretary of the Interior.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This act, referred to in text, is act Feb. 8, 1887, ch. 119, 24 Stat. 388, and is popularly known as the Indian General Allotment Act. For classification of this act to the Code, see

Short Title

note set out under section 331 of this title and Tables. The words “provided in section 348 and 349 of this title”, referred to in text, were in the original “as herein provided”.

Statutory Notes and Related Subsidiaries

Permanent Appropriation;

Repeals

Effective
July 1, 1935, the permanent appropriation provided for in the last sentence of this section was repealed by act
June 26, 1934, ch. 756, § 1, 48 Stat. 1225.

Executive Documents

Transfer of Functions

For

Transfer of Functions

of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. “Secretary of the Interior or such officer as he may designate” substituted in text for “Commissioner of the General Land Office” on authority of Reorg. Plan No. 3 of 1946, set out in the Appendix to Title 5.

Reference

Citations & Metadata

Citation

25 U.S.C. § 334

Title 25, Indians

Last Updated

Aug 21, 2026

Release point: 119-102