Page 95 TITLE 25—INDIANS § 373c

1So in original. Probably should be followed by a colon.

the approval of the will and the death of the testator shall not operate to terminate the trust or

restrictive period, but the Secretary of the Interior may, in his discretion, cause the lands to be

sold and the money derived therefrom, or so

much thereof as may be necessary, used for the

benefit of the heir or heirs entitled thereto, remove the restrictions, or cause patent in fee to

be issued to the devisee or devisees, and pay the

moneys to the legatee or legatees either in

whole or in part from time to time as he may

deem advisable, or use it for their benefit: Provided also, That this section and section 372 of

this title shall not apply to the Five Civilized

Tribes or the Osage Indians.

(June 25, 1910, ch. 431, §2, 36 Stat. 856; Feb. 14,

1913, ch. 55, 37 Stat. 678; Pub. L. 100–153, §2, Nov.

5, 1987, 101 Stat. 886.)

AMENDMENTS

1987—Pub. L. 100–153 which directed amendment of

this section by substituting ‘‘the age of eighteen years

or older’’ for ‘‘the age of twenty-one years, or over’’

was executed by substituting the new language for ‘‘the

age of twenty-one years’’ as the probable intent of Congress because the words ‘‘, or over’’ did not appear.

1913—Act Feb. 14, 1913, amended section generally.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 353, 372, 374, 406,

564h, 697, 747 of this title; title 43 section 1617.

§ 373a. Disposition of trust or restricted estate of

intestate without heirs; successor tribe; sale

of land

Upon final determination by the Secretary of

the Interior that the Indian holder of a trust or

restricted allotment of lands or an interest

therein has died intestate without heirs, the

lands or interest so owned, together with all accumulated rents, issues, and profits therefrom

held in trust for the decedent, shall escheat to

the tribe owning the land at the time of allotment subject to the payment of such creditors’

claims as the Secretary of the Interior may find

proper to be paid from the cash on hand or income accruing to said estate and subject to all

valid existing agricultural, surface, and mineral

leases and the rights of any person thereunder.

If the tribe which owned the land at the time

of allotment has been reorganized or reconstituted by reason of amalgamation with another

tribe or group of Indians or of subdivision within

the tribe or otherwise, the land shall escheat to

the tribe or group which has succeeded to the jurisdiction of the original tribe over the area in

question. If neither the tribe which owned the

land at the time of allotment nor a successor

tribe or group exists, the land or interest therein shall be held in trust for such Indians as the

Secretary may designate within the State or

States wherein the land is situated or, if the

Secretary determines that the land cannot appropriately be used by or for such Indians, it

shall be sold, subject to all valid existing agricultural, surface, and mineral leases and the

rights of any person thereunder, and the proceeds of such sale shall be held in trust for such

Indians as the Secretary may designate, within

the State or States wherein the land is situated.

(Nov. 24, 1942, ch. 640, §1, 56 Stat. 1021.)

SECTIONS REFERRED TO IN OTHER SECTIONS

This section is referred to in section 373c of this title.

§ 373b. Restricted estate or homestead on the

public domain

If an Indian found to have died intestate without heirs was the holder of a restricted allotment or homestead or interest therein on the

public domain, the land or interest therein and

all accumulated rents, issues, and profits therefrom shall escheat to the United States, subject

to all valid existing agricultural, surface, and

mineral leases and the rights of any person

thereunder, and the land shall become part of

the public domain subject to the payment of

such creditors’ claims as the Secretary of the

Interior may find proper to be paid from the

cash on hand or income accruing to said estate:

Provided, That if the Secretary determines that

the land involved lies within or adjacent to an

Indian community and may be advantageously

used for Indian purposes, the land or interest

therein shall escheat to the United States to be

held in trust for such needy Indians as the Secretary of the Interior may designate, where the

value of the estate does not exceed $50,000, and

in case of estates exceeding said sum, such estates shall be held in trust by the United States

for such Indians as the Congress may on and

after November 24, 1942 designate, subject to all

valid existing agricultural, surface, and mineral

leases and the rights of any person thereunder 1

Provided further, That interests in all Burns public domain allotments located in Harney County, Oregon, belonging to Indians who die intestate without heirs shall be held in trust by the

United States for the Burns Paiute Indian Colony of Oregon and shall be part of the Burns

Paiute Indian Reservation.

(Nov. 24, 1942, ch. 640, §2, 56 Stat. 1022; Pub. L.

98–25, §§2, 3, May 2, 1983, 97 Stat. 185.)

AMENDMENTS

1983—Pub. L. 98–25, §2, inserted proviso that interests

in all Burns public domain allotments located in Harney County, Oregon, belonging to Indians who die intestate without heirs shall be held in trust by the

United States for the Burns Paiute Indian Colony of

Oregon and shall be part of the Burns Paiute Indian

Reservation.

Pub. L. 98–25, §3, substituted ‘‘$50,000’’ for ‘‘$2,000’’.

NON-INDIAN LANDS IN HARNEY COUNTY, OREGON

Section 2 of Pub. L. 98–25 provided in part that no

non-Indian lands in Harney County, Oregon, shall be

considered Indian country as defined in section 1151 of

Title 18, Crimes and Criminal Procedure.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 373c of this title.

§ 373c. Sections 373a and 373b as inapplicable to

certain Indians

The provisions of sections 373a and 373b of this

title shall not apply to the Indians of the Five

Civilized Tribes or the Osage Reservation, in

Oklahoma.

(Nov. 24, 1942, ch. 640, §3, 56 Stat. 1022.)