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Title 25, IndiansRelease 119-102

§380 Lease of Inherited Allotments by Superintendent

Title 25 › CHAPTER 10 — DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE › § 380

Last updated Aug 21, 2026|Official source

Summary

The reservation superintendent may lease restricted allotments that belonged to a deceased Native American, but not for oil or gas mining. This can happen when the heirs or devisees are not yet known, or when the heirs are known but aren’t using the land and cannot agree on a lease within three months because there are many heirs, some are away, or for other reasons, under rules the Secretary of the Interior sets. Money from these leases must go into the estate or accounts of the people entitled to it and be divided according to their shares.

Full Legal Text

Title 25, §380

Indians, Source: USLM XML via OLRC

Restricted allotments of deceased Indians may be leased, except for oil and gas mining purposes, by the superintendents of the reservation within which the lands are located (1) when the heirs or devisees of such decedents have not been determined and (2) when the heirs or devisees of the decedents have been determined, and such lands are not in use by any of the heirs and the heirs have not been able during a three-months’ period to agree upon a lease by reason of the number of the heirs, their absence from the reservation, or for other cause, under such rules and regulations as the Secretary of the Interior may prescribe. The proceeds derived from such leases shall be credited to the estates or other accounts of the individuals entitled thereto in accordance with their respective interests.

Legislative History

Notes & Related Subsidiaries

Executive Documents

Transfer of Functions

For

Transfer of Functions

of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

Reference

Citations & Metadata

Citation

25 U.S.C. § 380

Title 25, Indians

Last Updated

Aug 21, 2026

Release point: 119-102