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UNITED STATES
DEPARTMENT OF THE INTERIOR 
BUREAU OF INDIAN AFFAIRS
Washington 25, D.C.
May 16, 1995
Memorandum
To: All area directors, except Juneau
From: Commissioner, Bureau of Indian Affairs
Subject: Issuance of patents in fee to competent applicants
It has been decided, after careful deliberation, to modify and liberalize the policy with respect to granting patents in fee to competent applicants. The policy as stated in the Indian Affairs Manual, Section 201.01, Chapter 2, Part IV, Volume V is quoted below for ready reference:
".01 Policy Patents in fee, Certificates of competency, and orders removing restrictions may be issued upon the written application of adult Indian owners and a showing that the applicant or applicants are competent and capable of managing their own affairs; that approval of the application would be beneficial to the applicant or applicants and would have no serious adverse effect upon applicant's family, his land, or the tribe; and that the termination of the trust or restrictions would not destroy or jeopardize a timber unit or grazing area."
This policy is now modified by giving recognition to the fact that an individual Indian's right to the ownership of his land in fee simple need not be subordinated to the interests of his tribe nor to the management of the land as a part of a timber or grazing unit. Appropriate changes in Section 201 of the Manual will be made at an early date.
In the administration of this liberalized policy you may approve applications for patents in fee on allotments without making prior arrangements for access to other lands remaining in trust status. You may also give favorable consideration to requests by competent Indians for patents in fee to allotments which are under lease, timber contract, grazing permit or other form of use. In such cases, however, the applicant must be informed that the land is subject to the prior valid use agreement and the contractor or lease holder must be informed of the transaction prior to any change in land status.
In critical cases which may seriously affect the protection and use of Indian lands remaining in trust status, and when in your judgment the application of a competent Indian for a patent in fee should be denied, you should submit the case to this office with your recommendation for an exception to this policy.
/s/ GLENN L. EMMONS
Commissioner
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