§373b — Title 25 Indians | U.S. Code

Summary

When an Indian dies without a will or heirs and owned a restricted allotment or homestead on public land, that land and any rents or profits from it become property of the United States. Existing farm, surface, and mineral leases and the rights of people under them stay in effect. The land becomes public land, and the Secretary of the Interior can pay proper creditor claims from cash on hand or income from the estate. If the Secretary finds the land is in or next to an Indian community and useful for Indian needs, the United States will hold it in trust for needy Indians named by the Secretary when the estate is worth $50,000 or less. Estates worth more than $50,000 will be held in trust for Indians designated by Congress on or after November 24, 1942. All Burns public-domain allotments in Harney County, Oregon, from such intestate Indians will be held in trust for the Burns Paiute Indian Colony and become part of that reservation.

Title 25, §373b

Indians — Source: USLM XML via OLRC

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

Notes & Related Subsidiaries

Editorial Notes

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”.

Statutory Notes and Related Subsidiaries

Non-Indian Lands in Harney County, Oregon Pub. L. 98–25, § 2, May 2, 1983, 97 Stat. 185, 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.

§373b Restricted Estate or Homestead on the Public Domain