§ 372. — Ascertainment of heirs of deceased allottees; settlement of estates; sale of lands; deposit of Indian moneys.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC372]
TITLE 25--INDIANS
CHAPTER 10--DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE
Sec. 372. Ascertainment of heirs of deceased allottees;
settlement of estates; sale of lands; deposit of Indian moneys
When any Indian to whom an allotment of land has been made, or may
hereafter be made, dies before the expiration of the trust period and
before the issuance of a fee simple patent, without having made a will
disposing of said allotment as hereinafter provided, the Secretary of
the Interior, upon notice and hearing, under the Indian Land
Consolidation Act [25 U.S.C. 2201 et seq.] or a tribal probate code
approved under such Act and pursuant to such rules as he may prescribe,
shall ascertain the legal heirs of such decedent, and his decisions
shall be subject to judicial review to the same extent as determinations
rendered under section 373 of this title. If the Secretary of the
Interior decides the heir or heirs of such decedent competent to manage
their own affairs, he shall issue to such heir or heirs a patent in fee
for the allotment of such decedent; if he shall decide one or more of
the heirs to be incompetent, he may, in his discretion, cause such lands
to be sold: Provided, That if the Secretary of the Interior shall find
that the lands of the decedent are capable of partition to the advantage
of the heirs, he may cause the shares of such as are competent, upon
their petition, to be set aside and patents in fee to be issued to them
therefor. All sales of lands allotted to Indians authorized by this or
any other Act shall be made under such rules and regulations and upon
such terms as the Secretary of the Interior may prescribe, and he shall
require a deposit of 10 per centum of the purchase price at the time of
the sale. Should the purchaser fail to comply with the terms of sale
prescribed by the Secretary of the Interior, the amount so paid shall be
forfeited; in case the balance of the purchase price is to be paid on
such deferred payments, all payments made, together with all interest
paid on such deferred installments, shall be so forfeited for failure to
comply with the terms of the sale. All forfeitures shall inure to the
benefit of the allottee or his heirs. Upon payment of the purchase price
in full, the Secretary of the Interior shall cause to be issued to the
purchaser patent in fee for such land: Provided, That the proceeds of
the sale of inherited lands shall be paid to such heir or heirs as may
be competent and held in trust subject to use and expenditure during the
trust period for such heir or heirs as may be incompetent as their
respective interests shall appear: Provided further, That the Secretary
of the Interior is authorized, in his discretion, to issue a certificate
of competency, upon application therefor, to any Indian, or in case of
his death to his heirs, to whom a patent in fee containing restrictions
on alienation has been or may hereafter be issued, and such certificate
shall have the effect of removing the restrictions on alienation
contained in such patent: Provided further, That any United States
Indian agent, superintendent, or other disbursing agent of the Indian
Service may deposit Indian moneys, individual or tribal, coming into his
hands as custodian, in such bank or banks as he may select: Provided,
That the bank or banks so selected by him shall first execute to the
said disbursing agent a bond, with approved surety, in such amount as
will properly safeguard the funds to be deposited. Such bonds shall be
subject to the approval of the Secretary of the Interior.
(June 25, 1910, ch. 431, Sec. 1, 36 Stat. 855; Mar. 3, 1928, ch. 122, 45
Stat. 161; Apr. 30, 1934, ch. 169, 48 Stat. 647; Pub. L. 101-301,
Sec. 12(c), May 24, 1990, 104 Stat. 211; Pub. L. 106-462, title I,
Sec. 106(b)(1), Nov. 7, 2000, 114 Stat. 2007.)
References in Text
The Indian Land Consolidation Act, referred to in text, is title II
of Pub. L. 97-459, Jan. 12, 1983, 96 Stat. 2517, as amended, which is
classified generally to chapter 24 (Sec. 2201 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 2201 of this title and Tables.
This Act, referred to in text, is act June 25, 1910, ch. 431, 36
Stat. 855, as amended, which enacted sections 47, 93, 151, 202, 337,
344a, 351, 352, 353, 372, 403, 406, 407, and 408 of this title, sections
6a-1 and 16a of Title 41, Public Contracts, and section 148 of Title 43,
Public Lands, and amended sections 191, 312, 331, 333, and 336 of this
title and sections 104 and 107 of former Title 18, Criminal Code and
Criminal Procedure. Sections 104 and 107 of former title 18 were
repealed and reenacted as sections 1853 and 1856 of Title 18, Crimes and
Criminal Procedure, by act June 25, 1948, ch. 645, 62 Stat. 683. For
complete classification of this Act to the Code, see Tables.
Amendments
2000--Pub. L. 106-462 substituted ``under the Indian Land
Consolidation Act or a tribal probate code approved under such Act and
pursuant to such rules'' for ``under such rules'' in first sentence.
1990--Pub. L. 101-301 substituted ``his decisions shall be subject
to judicial review to the same extent as determinations rendered under
section 373 of this title'' for ``his decision thereon shall be final
and conclusive''.
1934--Act Apr. 30, 1934, substituted ``, all payments made, together
with all interest paid on such deferred installments, shall be so
forfeited'' for ``a further amount, not exceeding 15 per centum of the
purchase price together with all interest paid on such deferred
installments may be so forfeited'', inserted ``allottee or his'' in
sentence beginning ``All forfeitures shall inure'' and struck out
``hereafter'' from last proviso.
1928--Act Mar. 3, 1928, inserted in introductory text ``or may
hereafter be made,'' after ``has been made,'', ``together with all
interest paid on such deferred installments'' after ``purchase price'',
``or may hereafter be'' after ``restrictions on alienation has been'',
and ``hereafter'' in last proviso, and substituted ``by this or any
other Act'' for ``by any Act''.
Section Referred to in Other Sections
This section is referred to in sections 351, 353, 373, 374, 406,
564h, 697, 747, 2207 of this title; title 43 section 1617.
