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U.S. Code as of:
01/19/04
Section 349. Patents in fee to allottees
At the expiration of the trust period and when the lands have
been conveyed to the Indians by patent in fee, as provided in
section 348 of this title, then each and every allottee shall have
the benefit of and be subject to the laws, both civil and criminal,
of the State or Territory in which they may reside; and no
Territory shall pass or enforce any law denying any such Indian
within its jurisdiction the equal protection of the law: Provided,
That the Secretary of the Interior may, in his discretion, and he
is authorized, whenever he shall be satisfied that any Indian
allottee is competent and capable of managing his or her affairs at
any time to cause to be issued to such allottee a patent in fee
simple, and thereafter all restrictions as to sale, incumbrance, or
taxation of said land shall be removed and said land shall not be
liable to the satisfaction of any debt contracted prior to the
issuing of such patent: Provided further, That until the issuance
of fee-simple patents all allottees to whom trust patents shall be
issued shall be subject to the exclusive jurisdiction of the United
States: And provided further, That the provisions of this Act shall
not extend to any Indians in the former Indian Territory.
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