§373a Disposition of Trust or Restricted Estate of Intestate Without Heirs; Successor Tribe; Sale of Land

Summary

When the Secretary of the Interior finds that an Indian who owned trust or restricted land died without heirs, the land and any unpaid rents or income from it go back to the tribe that owned it at allotment. Creditors the Secretary approves can be paid from the estate’s cash or income, and any existing farm, surface, or mineral leases and the rights under them stay in place. If the original tribe merged or changed, the land goes to the tribe or group that succeeded to authority there. If no tribe or successor exists, the Secretary will hold the land in trust for Indians the Secretary names in the state(s) where the land is. If the Secretary decides the land can’t be used for those Indians, the land may be sold (keeping existing leases) and the sale money held in trust for the named Indians.