§ 373a. — Disposition of trust or restricted estate of intestate without heirs; successor tribe; sale of land.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC373a]
TITLE 25--INDIANS
CHAPTER 10--DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE
Sec. 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, Sec. 1, 56 Stat. 1021.)
Sections Referred to in Other Sections
This section is referred to in section 373c of this title.
