[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC373b]
TITLE 25--INDIANS
CHAPTER 10--DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE
Sec. 373b. Restricted estate or homestead on the public domain
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 \1\ 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.
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\1\ So in original. Probably should be followed by a colon.
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(Nov. 24, 1942, ch. 640, Sec. 2, 56 Stat. 1022; Pub. L. 98-25, Secs. 2,
3, May 2, 1983, 97 Stat. 185.)
Amendments
1983--Pub. L. 98-25, Sec. 2, inser
