Forced Fee Patenting Act Law and Legal Definition

Forced Fee Patenting Act (“Act”) of 1906, authorizes the issue of a patent in fee simple. The patent under the Act is issued to an allottee in an Indian territory where the Secretary of Interior is convinced that the Indian allottee is competent and capable of managing his/her affairs. This Act is also known as the Burke Act. This Act amends the General Allotment Act (GAA) of 1887. This Act provides that the Secretary of Interiors has an express authority over determining the legal heirs of deceased Indians for the first time. The net effect of the Act was to accelerate the alienation of Indian lands.

The Act pertained to Indians who took allotments. However, the Act is not applicable to Indian Territory of Oklahoma. The Act however provides that all allottees who have not received fee simple patent are subject to exclusive jurisdiction of the U.S.

Furthermore, the Act amends the GAA by granting citizenship to an Indian allottee after a patent-in-fee simple is granted to them.