Bureau of Land Management, Interior § 2531.2
failure to submit such proof within the not thereby deprived of the right to file time allowed the application will be fi- an application for herself, provided she nally rejected. is otherwise eligible, and also for her (3) When it is sufficiently shown that minor children where her husband is an applicant was at the time of death for any reason disqualified. occupying in good faith the land set- (3) An Indian woman who is sepa- tled on, patent will be issued to his or rated from her husband who has not re- her heirs without further use or occu- ceived an allotment under the fourth pancy on the part of such heirs being section will be regarded as the head of shown. a family and may file applications for (d) Minor children. An Indian settler herself and for the minor children on public lands under the fourth sec- under her care. tion of the Act of February 8, 1887, as (4) In every case where an Indian amended, is also eligible upon applica- woman files applications for her minor tion for allotments made thereunder to children it must appear that she has his minor children, stepchildren, or not only applied for herself under the other children to whom he stands in fourth section but has used the land in loco parentis, provided the natural her own application in some beneficial children are in being at the date of the manner. parent’s application, or the other rela- (f) Citizenship. (1) Under section 6 of tionship referred to exist at such date. the Act of February 8, 1887 (24 Stat. 390; The law only permits one eligible him- 25 U.S.C. 349), every Indian born within self under the fourth section to take al- the territorial limits of the United lotments thereunder on behalf of his States, to whom allotments were made minor children or of those to whom he under that Act, and every Indian who stands in loco parentis. Orphan chil- voluntarily takes up his residence sep- dren (those who have lost both parents) arate and apart from any tribe of Indi- are not eligible for allotments on the ans and adopts the habits of civilized public domain unless they come within life is declared to be a citizen of the the last-mentioned class. No actual United States. settlement is required in case of allot- (2) The Act of May 8, 1906 (34 Stat. ments to minor children under the 182; 8 U.S.C. 3), changed the time when fourth section, but the actual settle- an Indian became a citizen by virtue of ment of the parent or of a person the allotment made to him to the time standing in loco parentis on his own when patent in fee should be issued on public-land allotment will be regarded such an allotment. as the settlement of the minor chil- (3) The Act of June 2, 1924 (43 Stat. dren. 253, 8 U.S.C. 3), conferred citizenship on (e) Indian wives. (1) Where an Indian all noncitizen Indians born within the woman is married to non-Indian not el- Territorial limits of the United States, igible for an allotment under the but expressly reserved to them all fourth section of the Act of February 8, rights to tribal or other property. 1887, as amended, and not a settler or These rights include that of allotment entryman under the general homestead on the public land, if qualified. law, her right, and that of the minor children born of such marriage, to al- [35 FR 9589, June 13, 1970, as amended at 37 lotments on the public domain will be FR 23185, Oct. 31, 1972] determined without reference to the quantum of Indian blood possessed by § 2531.2 Petition and applications. such women and her children but solely (a) Any person desiring to receive an with reference as to whether they are Indian allotment (other than those recognized members of an Indian tribe seeking allotments in national forests, or are entitled to such membership. for which see subpart 2533 of this part) (2) An Indian woman married to an must file with the authorized officer, Indian man who has himself received an application, together with a peti- an allotment on the public domain or tion on forms approved by the Direc- is entitled to one, or has earned the eq- tor, properly executed, together with a uitable right to patent on any form of certificate from the authorized officer homestead or small holding claim, is of the Bureau of Indian Affairs that the
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person is Indian and eligible for allot- ment and improvements. A similar re- ment, as specified in § 2531.1(b). How- port will be made on applications filed ever, if the lands described in the appli- in behalf of minor children as to the cation have been already classified and character of the settlement and im- opened for disposition under the provi- provements made by the parent, or the sions of this part, no petition is re- person standing in loco parentis, on his quired. The documents must be filed in or her own allotment under the fourth accordance with the provisions of section. § 1821.2 of this chapter. The petition and the statement at- [35 FR 9591, June 13, 1970] tached to the application for certifi- § 2532.2 Trust patent. cate must be signed by the applicant. (b) Blank forms for petitions and ap- (a) To enable an Indian allottee to plications may be had from any office demonstrate his good faith and inten- of the Bureau of Indian Affairs, or from tion, the issuance of trust patent will land offices of the Bureau of Land Man- be suspended for a period of 2 years agement. from date of settlement; but in those [35 FR 9590, June 13, 1970] cases where that period has already elapsed at the time of adjudicating the § 2531.3 Effect of application. allotment application, and when the (a) Where an allotment application evidence either by the record or upon under the fourth section of the Act of further investigation in the field, February 8, 1887, as amended, 25 U.S.C. shows the allottee’s good faith and in- 334 (is not accompanied by the req- tention in the matter of his settle- uisite certificate from the Bureau of ment, trust patents will issue in regu- Indian Affairs showing the applicant to lar course. Trust patents in the sus- be eligible for an allotment, and the pended class, when issued will run from applicant is given time to furnish such the date of suspension. certificate, the application does not (b) In the matter of fourth-section segregate the land, and other applica- applications filed prior to the regula- tions therefor may be received and held tions in this part, where, by the record to await final action on the allotment or upon further investigation in the application. field, it appears that such settlement (b) Where an allotment application is has not been made as is contemplated approved by the authorized officer, it by the regulations, such applications operates as a segregation of the land, will not be immediately rejected, but and subsequent application for the the applicant will be informed that 2 same land will be rejected. years will be allowed within which to [37 FR 23185, Oct. 31, 1972] perfect his settlement and to furnish proof thereof, whereupon his applica- Subpart 2532—Allotments tion will be adjudicated as in other cases. § 2532.1 Certificate of allotment. [35 FR 9591, June 13, 1970] (a) When the authorizing officer ap- proves an application for allotment, he Subpart 2533—Allotments Within will issue to the applicant a certificate National Forests of allotment, on a prescribed form, showing the name in full of the appli- cant, post office address, name of the SOURCE: 35 FR 9591, June 13, 1970, unless tribe in which membership is claimed, otherwise noted. serial number of the certificate issued § 2533.0–3 Authority. by the Commissioner of Indian Affairs, and a description of the land allotted. By the terms of section 31 of the Act (b) Where the application under in- of June 25, 1910 (36 Stat. 863; 25 U.S.C. vestigation is that of a single person 337), allotments under the fourth sec- over 21 years of age, or of the head of tion of the Act of February 8, 1887, as a family, report will also be made as to amended, may be made within national the character of the applicant’s settle- forests.
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