# 25 C.F.R. § 152.5 (2025): Issuance of patent in fee > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_5 ## Section - **Citation:** 25 C.F.R. § 152.5 (2025) - **Heading:** Issuance of patent in fee - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Title 25 CFR: Indians / Chapter I: BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR / Part 152: ISSUANCE OF PATENTS IN FEE, CERTIFICATES OF COMPETENCY, REMOVAL OF RESTRICTIONS, AND SALE OF CERTAIN INDIAN LANDS / § 152.5: § 152.5 Issuance of patent in fee. ## Text (a) An application may be approved and fee patent issued if the Secretary, in his discretion, determines that the applicant is competent. When the patent in fee is delivered, an inventory of the estate covered thereby shall be given to the patentee. (Acts of Feb. 8, 1887 (24 Stat. 388), as amended (25 U.S.C. 349); June 25, 1910 (36 Stat. 855), as amended (25 U.S.C. 372); and May 14, 1948 (62 Stat. 236; 25 U.S.C. 483), and other authorizing acts.) (b) If an application is denied, the applicant shall be notified in writing, given the reasons therefor and advised of his right to appeal pursuant to the provisions of part 2 of this chapter. (c) White Earth Reservation: The Secretary will, pursuant to the Act of March 1, 1907 (34 Stat. 1015), issue a patent in fee to any adult mixed-blood Indian owning land within the White Earth Reservation in the State of Minnesota upon application from such Indian, and without consideration as to whether the applicant is competent. (d) Fort Peck Reservation: Pursuant to the Act of June 30, 1954 (68 Stat. 358), oil and gas underlying certain allotments in the Fort Peck Reservation were granted to certain Indians to be held in trust for such Indians and provisions was made for issuance of patents in fee for such oil and gas or patents in fee for land in certain circumstances. (1) Where an Indian or Indians were the grantees of the entire interest in the oil and gas underlying a parcel of land, and such Indian or Indians had before June 30, 1954, been issued a patent or patents in fee for any land within the Fort Peck Reservation, the title to the oil and gas was conveyed by the act in fee simple status. h oil and gas or patents in fee for land in certain circumstances. (1) Where an Indian or Indians were the grantees of the entire interest in the oil and gas underlying a parcel of land, and such Indian or Indians had before June 30, 1954, been issued a patent or patents in fee for any land within the Fort Peck Reservation, the title to the oil and gas was conveyed by the act in fee simple status. (2) Where the entire interest in the oil and gas granted by the act is after June 30, 1954, held in trust for Indians to whom a fee patent has been issued at any time, for any land within the Fort Peck Reservation, or who have been or are determined by the Secretary to be competent, the Secretary will convey, by patent, without application, therefor, unrestricted fee simple title to the oil and gas. (3) Where the Secretary determines that the entire interest in a tract of land on the Fort Peck Reservation is owned by Indians who were grantees of oil and gas under the act and he determines that such Indians are competent, he will issue fee patents to them covering all interests in the land without application. ## Nearby sections - [25 C.F.R. § 152.1 (2025) § 152.1 Definitions.](https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_1.md) - [25 C.F.R. § 152.2 (2025) § 152.2 Withholding action on application.](https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_2.md) - [25 C.F.R. § 152.3 (2025) § 152.3 Information regarding status of applications for removal of Federal supervision over Indian lands.](https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_3.md) - [25 C.F.R. § 152.4 (2025) § 152.4 Application for patent in fee.](https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_4.md) - [25 C.F.R. § 152.5 (2025) § 152.5 Issuance of patent in fee.](https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_5.md) - [25 C.F.R. § 152.6 (2025) § 152.6 Issuance of patents in fee to non-Indians and Indians with whom a special relationship does not exist.](https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_6.md) - [25 C.F.R. § 152.7 (2025) § 152.7 Application for certificate of competency.](https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_7.md) - [25 C.F.R. § 152.8 (2025) § 152.8 Issuance of certificate of competency.](https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_8.md) - [25 C.F.R. § 152.9 (2025) § 152.9 Certificates of competency to certain Osage adults.](https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_9.md) - [25 C.F.R. § 152.10 (2025) § 152.10 Application for orders removing restrictions, except Five Civilized Tribes.](https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_10.md) - [25 C.F.R. § 152.11 (2025) § 152.11 Issuance of orders removing restrictions, except Five Civilized Tribes.](https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_11.md) - [25 C.F.R. § 152.12 (2025) § 152.12 Removal of restrictions, Five Civilized Tribes, after application under authority other than section 2(a) of the Act of August 11, 1955.](https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_12.md) - [25 C.F.R. § 152.13 (2025) § 152.13 Removal of restrictions, Five Civilized Tribes, after application under section 2(a) of the Act of August 11, 1955.](https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_13.md) - [25 C.F.R. § 152.14 (2025) § 152.14 Removal of restrictions, Five Civilized Tribes, without application.](https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_14.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_5. 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