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

Summary

When the Secretary of the Interior decides an Indian who held trust or restricted land died without a will and left no heirs, the land and any money owed from it go back to the tribe that owned the land when it was first allotted. The Secretary can approve paying any creditors from the estate’s cash or income. Any valid farm, surface, or mineral leases and the rights of people under them stay in effect. If the original tribe was merged, split, or reorganized, the land goes to the tribe or group that now has authority over that area. If no original or successor tribe exists, the land is held in trust for Indians the Secretary names who live in the state(s) where the land is located. If the Secretary finds the land can’t be used properly for those Indians, the land may be sold (still honoring existing leases) and the sale money held in trust for the Indians the Secretary names in those state(s).