Title 25IndiansRelease 119-90

§5 Untitled Section

Title 25 › Chapter 9— ALLOTMENT OF INDIAN LANDS › § 5

Last updated May 14, 2026|Official source

Summary

Minnesota court rulings that named the heirs of someone who owned an allotment and were recorded with the proper county office before May 9, 1979, will be treated as if they transferred the deceased person’s ownership to those heirs. That will not apply if the Secretary made a different heirs decision before the law took effect on March 24, 1986, and that decision was recorded within six months after March 24, 1986. The "proper county recording officer" means a county recorder, a registrar of titles, or a probate court in Becker, Clearwater, or Mahnomen Counties, Minnesota. Nothing here removes any allotment in section 4 from the compensation set out in the Act. Allotments given to a person who died before the selection date are confirmed and count as if the person had chosen them while alive, and the White Earth Band of Chippewa Indians must be paid for those allotments as described in sections 6, 7, and 8. Allotments made under the Treaty of March 19, 1867, and reallotted under the Act of January 14, 1889, are also confirmed.

Full Legal Text

Title 25, §5

Indians — Source: USLM XML via OLRC

(a)Any determination of the heirs of any person holding an allotment or interest, made by the courts of the State of Minnesota, which is filed with the proper county recording officer prior to May 9, 1979, shall be deemed to have effectively transferred the title of the decedent in the allotment or interest to the heirs so determined unless a separate determination of heirs has been made by the Secretary before the effective date of this Act [Mar. 24, 1986] and such determination has been filed with the proper county recording officer within six months after the effective date of this Act. Nothing in this subsection shall be construed to remove any allotment described in section 4 from the compensation provided for in the Act.
“(b)The ‘proper county recording officer’, as that term is used in subsection (a) of this section, shall be a county recorder, registrar of titles, or probate court in Becker, Clearwater, or Mahnomen Counties, Minne­sota.
“(c)As to any allotment which was granted to an allottee who had died prior to the selection date of the allotment, the granting of such allotment is hereby ratified and confirmed, and shall be of the same effect as if the allotment had been selected by the allottee before the allottee’s death: Provided, That the White Earth Band of Chippewa Indians shall be compensated for such allotments in the manner provided in section 6, 7, and 8.
“(d)As to any allotment that was made under the provisions of the Treaty of March 19, 1867 (16 Stat. 719), and which was reallotted under the provisions of the Act of January 14, 1889 (25 Stat. 642), such reallotment is hereby ratified and confirmed.

Reference

Citations & Metadata

Citation

25 U.S.C. § 5

Title 25Indians

Last Updated

May 14, 2026

Release point: 119-90