Excerpt from Rules and Regulations: Relating to the Issuance of Patents in Fee and Certificates of Competency and the Sale of Allotted and Inherited Indian Lands Except Those Belonging to the Five Civilized Tribes
The act of May 8, 1906 (34 Stat., provides that the Secretary of the Interior may, whenever he shall be satisfied that any Indian allottee is capable of managing his or her affairs, cause to be issued to such allottee a. Patent in fee. This act does not apply to members of the Five Civilized Tribes or the Indians under the jurisdiction of the Quapaw, Kaw, or Osage agencies. The issuance of a fee patent under this act is discretionary with the Secretary of the Inte rior, and the chief question involved is the degree of competency shown by the allottee to care for his own affairs.
All applications for patents in fee under this act should be made on Form 5 - 105 to the superintendent bavin jurisdiction over the land the allottee seeks to have patented. T e trust patent should accompany the application; or in case the trust patent has been lost or destroyed, affidavit of the allottee to that effect should accompany the application.
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