|
|
|
U.S. Code as of:
01/19/04
Section 343. Correction of errors in allotments and patents
In all cases where it shall appear that a double allotment of
land has been wrongfully or erroneously made by the Secretary of
the Interior to any Indian by an assumed name or otherwise, or
where a mistake has been made in the description of the land
inserted in any patent, said Secretary is authorized and directed,
during the time that the United States may hold the title to the
land in trust for any such Indian, and for which a conditional
patent may have been issued, to rectify and correct such mistakes
and cancel any patent which may have been thus erroneously and
wrongfully issued whenever in his opinion the same ought to be
canceled for error in the issue thereof, and if possession of the
original patent cannot be obtained, such cancellation shall be
effective if made upon the records of the Bureau of Land
Management; and no proclamation shall be necessary to open to
settlement the lands to which such an erroneous allotment patent
has been canceled, provided such lands would otherwise be subject
to entry: And provided, That such lands shall not be open to
settlement for sixty days after such cancellation: And further
provided, That no conditional patent that has been or that may be
executed in favor of any Indian allottee, excepting in cases
hereinbefore authorized, and excepting in cases where the
conditional patent is relinquished by the patentee or his heirs to
take another allotment, shall be subject to cancellation without
authority of Congress.
|
|