US (United States) Code. Title 25. Chapter 10: Descent and Distribution; Heirs of Allottee

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Indians

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publicidad

-CITE-

25 USC CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF

ALLOTTEE 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE

-HEAD-

CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE

-MISC1-

Sec.

371. Descent of land.

372. Ascertainment of heirs of deceased allottees;

settlement of estates; sale of lands; deposit of

Indian moneys.

372-1. Repealed.

372a. Heirs by adoption.

373. Disposal by will of allotments held under trust.

373a. Disposition of trust or restricted estate of intestate

without heirs; successor tribe; sale of land.

373b. Restricted estate or homestead on the public domain.

373c. Sections 373a and 373b as inapplicable to certain

Indians.

374. Attendance of witnesses.

375. Determination of heirship of deceased members of Five

Civilized Tribes.

375a. Jurisdiction of Secretary of the Interior over probate

and distribution of estates not exceeding $2,500.

375b. Repealed.

375c. Disbursement of sums not exceeding $500 to heirs or

legatees.

375d. Disposition of estates of intestate members of

Cherokee, Chickasaw, Choctaw, and Seminole Nations of

Oklahoma dying without heirs.

376. Oaths in investigations.

377. Repealed.

378. Partition of allotment among heirs; patents.

379. Sale of allotted lands by heirs.

380. Lease of inherited allotments by superintendent.

-End-

-CITE-

25 USC Sec. 371 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE

-HEAD-

Sec. 371. Descent of land

-STATUTE-

For the purpose of determining the descent of land to the heirs

of any deceased Indian under the provisions of section 348 of this

title, whenever any male and female Indian shall have cohabited

together as husband and wife according to the custom and manner of

Indian life the issue of such cohabitation shall be, for the

purpose aforesaid, taken and deemed to be the legitimate issue of

the Indians so living together, and every Indian child, otherwise

illegitimate, shall for such purpose be taken and deemed to be the

legitimate issue of the father of such child: Provided, That the

provisions of this Act shall not be held or construed as to apply

to the lands commonly called and known as the "Cherokee Outlet."

-SOURCE-

(Feb. 28, 1891, ch. 383, Sec. 5, 26 Stat. 795.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act Feb. 28, 1891, ch. 383, 26

Stat. 794, as amended, which enacted sections 336, 371, and 397 of

this title and amended section 331 of this title. For complete

classification of this Act to the Code, see Tables.

-COD-

CODIFICATION

A further provision of section 5 of act Feb. 28, 1891, "that no

allotment of lands shall be made or annuities of money paid to any

of the Sac and Fox of the Missouri Indians who were not enrolled as

members of said tribe on January first, eighteen hundred and

ninety; but this shall not be held to impair or otherwise affect

the rights or equities of any person whose claim to membership in

said tribe is now pending and being investigated," was repealed by

a provision of the Indian Appropriation Act of Mar. 2, 1895, ch.

188, Sec. 1, 28 Stat. 902.

-End-

-CITE-

25 USC Sec. 372 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE

-HEAD-

Sec. 372. Ascertainment of heirs of deceased allottees; settlement

of estates; sale of lands; deposit of Indian moneys

-STATUTE-

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.

-SOURCE-

(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.)

-REFTEXT-

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.

-MISC1-

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".

-SECREF-

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.

-End-

-CITE-

25 USC Sec. 372-1 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE

-HEAD-

Sec. 372-1. Repealed. Pub. L. 101-301, Sec. 12(a), May 24, 1990,

104 Stat. 211

-MISC1-

Section, Pub. L. 90-28, title I, June 24, 1967, 81 Stat. 69,

provided that, on and after June 24, 1967, hearing officers

appointed for Indian probate work did not have to be appointed

pursuant to the Administrative Procedure Act, as amended. Similar

provisions were contained in the following prior appropriation

acts:

May 31, 1966, Pub. L. 89-435, title I, 80 Stat. 181.

June 28, 1965, Pub. L. 89-52, title I, 79 Stat. 185.

July 7, 1964, Pub. L. 88-356, title I, 78 Stat. 284.

July 26, 1963, Pub. L. 88-79, title I, 77 Stat. 107.

Aug. 9, 1962, Pub. L. 87-578, title I, 76 Stat. 345.

Aug. 3, 1961, Pub. L. 87-122, title I, 75 Stat. 256.

May 13, 1960, Pub. L. 86-455, title I, 74 Stat. 104.

June 23, 1959, Pub. L. 86-60, title I, 73 Stat. 92.

June 4, 1958, Pub. L. 85-439, title I, 72 Stat. 155.

July 1, 1957, Pub. L. 85-77, title I, 71 Stat. 257.

June 13, 1956, ch. 380, title I, 70 Stat. 257.

June 16, 1955, ch. 147, title I, 69 Stat. 141.

Aug. 26, 1954, ch. 935, Ch. VII, 68 Stat. 813.

SAVINGS PROVISION

Section 12(b) of Pub. L. 101-301 provided that: "Hearing officers

heretofore appointed to preside over Indian probate proceedings

pursuant to the proviso repealed by subsection (a) [25 U.S.C.

372-1], having met the qualifications required for appointment

pursuant to section 3105 of title 5, United States Code, shall be

deemed to have been appointed pursuant to that section."

-End-

-CITE-

25 USC Sec. 372a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE

-HEAD-

Sec. 372a. Heirs by adoption

-STATUTE-

In probate matters under the exclusive jurisdiction of the

Secretary of the Interior, no person shall be recognized as an heir

of a deceased Indian by virtue of an adoption -

(1) Unless such adoption shall have been -

(a) by a judgment or decree of a State court;

(b) by a judgment or decree of an Indian court;

(c) by a written adoption approved by the superintendent of

the agency having jurisdiction over the tribe of which either

the adopted child or the adoptive parent is a member, and duly

recorded in a book kept by the superintendent for that purpose;

or

(d) by an adoption in accordance with a procedure established

by the tribal authority, recognized by the Department of the

Interior, of the tribe either of the adopted child or the

adoptive parent, and duly recorded in a book kept by the tribe

for that purpose; or

(2) Unless such adoption shall have been recognized by the

Department of the Interior prior to the effective date of this

section or in the distribution of the estate of an Indian who has

died prior to that date: Provided, That an adoption by Indian

custom made prior to the effective date of this section may be

made valid by recordation with the superintendent if both the

adopted child and the adoptive parent are still living, if the

adoptive parent requests that the adoption be recorded, and if

the adopted child is an adult and makes such a request or the

superintendent on behalf of a minor child approves of the

recordation.

This section shall not apply with respect to the distribution of

the estates of Indians of the Five Civilized Tribes or the Osage

Tribe in the State of Oklahoma, or with respect to the distribution

of estates of Indians who have died prior to the effective date of

this section.

-SOURCE-

(July 8, 1940, ch. 555, Secs. 1, 2, 54 Stat. 746.)

-REFTEXT-

REFERENCES IN TEXT

For effective date of this section, referred to in text, see

Effective Date note set out below.

-COD-

CODIFICATION

First and second paragraphs of this section are from sections 1

and 2, respectively, of act July 8, 1940.

-MISC1-

EFFECTIVE DATE

Section 3 of act July 8, 1940, provided that: "This Act shall

become effective six months after the date of its approval [July 8,

1940]."

-TRANS-

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, Secs. 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.

-End-

-CITE-

25 USC Sec. 373 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE

-HEAD-

Sec. 373. Disposal by will of allotments held under trust

-STATUTE-

Any persons of the age of eighteen years or older having any

right, title, or interest in any allotment held under trust or

other patent containing restrictions on alienation or individual

Indian moneys or other property held in trust by the United States

shall have the right prior to the expiration of the trust or

restrictive period, and before the issuance of a fee simple patent

or the removal of restrictions, to dispose of such property by

will, in accordance with the Indian Land Consolidation Act [25

U.S.C. 2201 et seq.] or a tribal probate code approved under such

Act and regulations to be prescribed by the Secretary of the

Interior: Provided, however, That no will so executed shall be

valid or have any force or effect unless and until it shall have

been approved by the Secretary of the Interior: Provided further,

That the Secretary of the Interior may approve or disapprove the

will either before or after the death of the testator, and in case

where a will has been approved and it is subsequently discovered

that there has been fraud in connection with the execution or

procurement of the will the Secretary of the Interior is authorized

within one year after the death of the testator to cancel the

approval of the will, and the property of the testator shall

thereupon descend or be distributed in accordance with the laws of

the State wherein the property is located: Provided further, That

the approval of the will and the death of the testator shall not

operate to terminate the trust or restrictive period, but the

Secretary of the Interior may, in his discretion, cause the lands

to be sold and the money derived therefrom, or so much thereof as

may be necessary, used for the benefit of the heir or heirs

entitled thereto, remove the restrictions, or cause patent in fee

to be issued to the devisee or devisees, and pay the moneys to the

legatee or legatees either in whole or in part from time to time as

he may deem advisable, or use it for their benefit: Provided also,

That this section and section 372 of this title shall not apply to

the Five Civilized Tribes or the Osage Indians.

-SOURCE-

(June 25, 1910, ch. 431, Sec. 2, 36 Stat. 856; Feb. 14, 1913, ch.

55, 37 Stat. 678; Pub. L. 100-153, Sec. 2, Nov. 5, 1987, 101 Stat.

886; Pub. L. 106-462, title I, Sec. 106(b)(2), Nov. 7, 2000, 114

Stat. 2007.)

-REFTEXT-

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.

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-462 substituted "with the Indian Land

Consolidation Act or a tribal probate code approved under such Act

and regulations to be prescribed by the Secretary of the Interior:"

for "with regulations to be prescribed by the Secretary of the

Interior:".

1987 - Pub. L. 100-153 which directed amendment of this section

by substituting "the age of eighteen years or older" for "the age

of twenty-one years, or over" was executed by substituting the new

language for "the age of twenty-one years" as the probable intent

of Congress because the words ", or over" did not appear.

1913 - Act Feb. 14, 1913, amended section generally.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 353, 372, 374, 406, 564h,

697, 747 of this title; title 43 section 1617.

-End-

-CITE-

25 USC Sec. 373a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE

-HEAD-

Sec. 373a. Disposition of trust or restricted estate of intestate

without heirs; successor tribe; sale of land

-STATUTE-

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.

-SOURCE-

(Nov. 24, 1942, ch. 640, Sec. 1, 56 Stat. 1021.)

-SECREF-

SECTIONS REFERRED TO IN OTHER SECTIONS

This section is referred to in section 373c of this title.

-End-

-CITE-

25 USC Sec. 373b 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE

-HEAD-

Sec. 373b. Restricted estate or homestead on the public domain

-STATUTE-

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.

-SOURCE-

(Nov. 24, 1942, ch. 640, Sec. 2, 56 Stat. 1022; Pub. L. 98-25,

Secs. 2, 3, May 2, 1983, 97 Stat. 185.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-25, Sec. 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, Sec. 3, substituted "$50,000" for "$2,000".

NON-INDIAN LANDS IN HARNEY COUNTY, OREGON

Section 2 of Pub. L. 98-25 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 373c of this title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a colon.

-End-

-CITE-

25 USC Sec. 373c 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE

-HEAD-

Sec. 373c. Sections 373a and 373b as inapplicable to certain

Indians

-STATUTE-

The provisions of sections 373a and 373b of this title shall not

apply to the Indians of the Five Civilized Tribes or the Osage

Reservation, in Oklahoma.

-SOURCE-

(Nov. 24, 1942, ch. 640, Sec. 3, 56 Stat. 1022.)

-End-

-CITE-

25 USC Sec. 374 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE

-HEAD-

Sec. 374. Attendance of witnesses

-STATUTE-

The authority delegated to judges of the United States courts by

section 24 of title 35 is conferred upon the Secretary of the

Interior to require the attendance of witnesses at hearings, upon

proper showing by any of the parties to determine the heirs of

decedents, held in accordance with sections 372 and 373 of this

title, under such rules and regulations as he may prescribe.

-SOURCE-

(Aug. 1, 1914, ch. 222, Sec. 1, 38 Stat. 586.)

-COD-

CODIFICATION

"Section 24 of title 35" substituted in text for "section 56 of

title 35" on authority of act July 19, 1952, ch. 950, 66 Stat. 792,

section 1 of which enacted Title 35, Patents.

-End-

-CITE-

25 USC Sec. 375 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE

-HEAD-

Sec. 375. Determination of heirship of deceased members of Five

Civilized Tribes

-STATUTE-

A determination of the question of fact as to who are the heirs

of any deceased citizen allottee of the Five Civilized Tribes of

Indians who may die or may have heretofore died, leaving restricted

heirs, by the probate court of the State of Oklahoma having

jurisdiction to settle the estate of said deceased, conducted in

the manner provided by the laws of said State for the determination

of heirship in closing up the estates of deceased persons, shall be

conclusive of said question: Provided, That an appeal may be taken

in the manner and to the court provided by law, in cases of appeal

in probate matters generally: Provided further, That where the time

limited by the laws of said State for the institution of

administration proceedings has elapsed without their institution,

as well as in cases where there exists no lawful ground for the

institution of administration proceedings in said courts, a

petition may be filed therein having for its object a determination

of such heirship and the case shall proceed in all respects as if

administration proceedings upon other proper grounds had been

regularly begun, but this proviso shall not be construed to reopen

the question of the determination of an heirship already

ascertained by competent legal authority under existing laws:

Provided further, That said petition shall be verified, and in all

cases arising hereunder service by publication may be had on all

unknown heirs, the service to be in accordance with the method of

serving nonresident defendants in civil suits in the district

courts of said State; and if any person so served by publication

does not appear and move to be heard within six months from the

date of the final order, he shall be concluded equally with parties

personally served or voluntarily appearing.

-SOURCE-

(June 14, 1918, ch. 101, Sec. 1, 40 Stat. 606.)

-MISC1-

ADMINISTRATION EXPENSES; COMPENSATION; RESTRICTION ON USE OF FUNDS;

APPEAL

Act June 30, 1919, ch. 4, Sec. 18, 41 Stat. 21, appropriated

$205,000 for expenses of administration of the affairs of the Five

Civilized Tribes, Oklahoma, and the compensation of employees,

prohibited any part of the appropriation from being used in

forwarding the undisputed claims to be paid from individual moneys

of restricted allottees, or their heirs, or in forwarding

uncontested agricultural and mineral leases (excluding oil and gas

leases) made by individual restricted Indian allottees, or their

heirs, to the Secretary of the Interior for approval, provided that

all such undisputed claims or uncontested leases (except oil and

gas leases) required to be approved under existing law by the

Secretary of the Interior shall be paid, approved, rejected or

disapproved by the Superintendent for the Five Civilized Tribes of

Oklahoma and authorized an appeal within thirty days by party

aggrieved by any decision or order of the Superintendent for the

Five Civilized Tribes of Oklahoma to the Secretary of the Interior.

-End-

-CITE-

25 USC Sec. 375a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE

-HEAD-

Sec. 375a. Jurisdiction of Secretary of the Interior over probate

and distribution of estates not exceeding $2,500

-STATUTE-

Exclusive jurisdiction is hereby conferred on the Secretary of

the Interior to determine the heirs after notice and hearing under

such rules and regulations as he may prescribe, and to probate the

estate of any deceased restricted Indian, enrolled or unenrolled,

of the Five Civilized Tribes of Oklahoma, whenever the restricted

estate consists only of funds or securities under the control of

the Department of the Interior of an aggregate value not exceeding

$2,500: Provided, That where such decedent died prior to December

24, 1942, the distribution of such funds and securities, including

the decedent's share of any tribal funds, shall be made in

accordance with the statute of descent and distribution applicable

at the date of death: And provided further, That where the decedent

dies subsequently to December 24, 1942 distribution of all such

funds and securities, including tribal funds aforesaid, shall be

effected in accordance with the statute of descent and distribution

of the State of Oklahoma.

-SOURCE-

(Dec. 24, 1942, ch. 813, Sec. 1, 56 Stat. 1080.)

-End-

-CITE-

25 USC Sec. 375b 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE

-HEAD-

Sec. 375b. Repealed. Pub. L. 96-363, Sec. 2(a), Sept. 26, 1980, 94

Stat. 1207

-MISC1-

Section, act Dec. 24, 1942, ch. 813, Sec. 2, 56 Stat. 1081, set

forth schedule of fees collectible by Secretary prior to

distribution of estate to individuals entitled under provisions of

section 375a of this title.

CANCELLATION OF ASSESSED UNPAID FEES

Authority of Secretary of the Interior to cancel unpaid fees

assessed under this section prior to the repeal, see section 2(b)

of Pub. L. 96-363, set out as a note under section 377 of this

title.

-End-

-CITE-

25 USC Sec. 375c 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE

-HEAD-

Sec. 375c. Disbursement of sums not exceeding $500 to heirs or

legatees

-STATUTE-

The Secretary of the Interior is granted authority to disburse to

the heirs or legatees of deceased members of the Five Civilized

Tribes any sum of money on deposit to the credit of such deceased

Indian or Indians, not exceeding $500, where said decedent died

seized of no lands or the lands have since been lawfully alienated.

Said funds shall be disbursed on proof of death and heirship or

bequest satisfactory to the Secretary of the Interior and his

finding thereon shall be final and conclusive: Provided, That such

transfer of funds so disbursed shall not be taxable.

-SOURCE-

(Aug. 12, 1953, ch. 409, Sec. 1, 67 Stat. 558.)

-End-

-CITE-

25 USC Sec. 375d 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE

-HEAD-

Sec. 375d. Disposition of estates of intestate members of Cherokee,

Chickasaw, Choctaw, and Seminole Nations of Oklahoma dying

without heirs

-STATUTE-

Upon the final determination of a court having jurisdiction or by

decision of the Secretary of the Interior after a period of five

years from the death of the decedent, it is determined that a

member of the Cherokee, Chickasaw, Choctaw, or Seminole Nations or

Tribes of Oklahoma or a person of the blood of said tribes has died

intestate without heirs, owning trust or restricted Indian lands in

Oklahoma or an interest therein or rents or profits therefrom, such

lands, interests, or profits shall escheat to the Nation or tribe

from which title to the trust or restricted Indian lands or

interest therein was derived and shall be held thereafter in trust

by the United States for said nation or tribe.

-SOURCE-

(Pub. L. 91-240, May 7, 1970, 84 Stat. 203.)

-End-

-CITE-

25 USC Sec. 376 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE

-HEAD-

Sec. 376. Oaths in investigations

-STATUTE-

After August 1, 1914, any officer or employee appointed or

designated by the Secretary of the Interior or the Commissioner of

Indian Affairs as special examiner in heirship cases shall be

authorized to administer oaths in investigations committed to him:

Provided further, That the provisions of this paragraph shall not

apply to the Osage Indians nor to the Five Civilized Tribes of

Indians in Oklahoma.

-SOURCE-

(Aug. 1, 1914, ch. 222, Sec. 1, 38 Stat. 586.)

-TRANS-

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, Secs. 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.

-End-

-CITE-

25 USC Sec. 377 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE

-HEAD-

Sec. 377. Repealed. Pub. L. 96-363, Sec. 2(a), Sept. 26, 1980, 94

Stat. 1207

-MISC1-

Section, acts Jan. 24, 1923, ch. 42, 42 Stat. 1185; May 29, 1928,

ch. 901, Sec. 1(84), 45 Stat. 992, related to payment or deduction

from trust funds, etc., of cost of determining heirs, and set forth

a schedule of fees.

CANCELLATION OF ASSESSED UNPAID FEES

Section 2(b) of Pub. L. 96-363 provided that: "The Secretary of

the Interior may cancel any unpaid fees assessed under the

provisions repealed by this section [sections 375b and 377 of this

title]."

-End-

-CITE-

25 USC Sec. 378 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE

-HEAD-

Sec. 378. Partition of allotment among heirs; patents

-STATUTE-

If the Secretary of the Interior shall find that any inherited

trust allotment or allotments are capable of partition to the

advantage of the heirs, he may cause such lands to be partitioned

among them, regardless of their competency, patents in fee to be

issued to the competent heirs for their shares and trust patents to

be issued to the incompetent heirs for the lands respectively or

jointly set apart to them, the trust period to terminate in

accordance with the terms of the original patent or order of

extension of the trust period set out in said patent.

-SOURCE-

(May 18, 1916, ch. 125, Sec. 1, 39 Stat. 127.)

-End-

-CITE-

25 USC Sec. 379 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE

-HEAD-

Sec. 379. Sale of allotted lands by heirs

-STATUTE-

The adult heirs of any deceased Indian to whom a trust or other

patent containing restrictions upon alienation has been or shall be

issued for lands allotted to him may sell and convey the lands

inherited from such decedent, but in case of minor heirs their

interests shall be sold only by a guardian duly appointed by the

proper court upon the order of such court, made upon petition filed

by the guardian, but all such conveyances shall be subject to the

approval of the Secretary of the Interior, and when so approved

shall convey a full title to the purchaser, the same as if a final

patent without restriction upon the alienation had been issued to

the allottee. All allotted land so alienated by the heirs of an

Indian allottee and all land so patented to a white allottee shall

thereupon be subject to taxation under the laws of the State or

Territory where the same is situate: Provided, That the sale herein

provided for shall not apply to the homestead during the life of

the father, mother or the minority of any child or children.

-SOURCE-

(May 27, 1902, ch. 888, Sec. 7, 32 Stat. 275.)

-End-

-CITE-

25 USC Sec. 380 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 10 - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE

-HEAD-

Sec. 380. Lease of inherited allotments by superintendent

-STATUTE-

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.

-SOURCE-

(July 8, 1940, ch. 554, 54 Stat. 745.)

-TRANS-

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, Secs. 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 403c, 415a, 416c, 635 of

this title.

-End-