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25 U.S.C. § 380Lease of inherited allotments by superintendent

submitted 86 years ago by ch. 554 to r/title-25-INDIANS · 137 words · no verdicts yet

in plain englishAI-generated · not legal advice

Reservation superintendents can lease land inherited by deceased Indians' heirs, except for oil and gas mining. This applies when heirs aren't yet determined, or when heirs can't agree on a lease within three months.

Restricted land allotments belonging to deceased Indians can be leased by the superintendent of the reservation where the land is located. Leases for oil and gas mining are not allowed under this rule. The superintendent can lease the land in two situations: (1) when the decedent's heirs or devisees have not yet been determined; or (2) when the heirs or devisees have been determined, but the land is not being used by any of them, and the heirs have not been able to agree on a lease for a three-month period — because there are too many heirs, some are away from the reservation, or for some other reason. The Secretary of the Interior sets the rules for how these leases work. The money made from these leases is credited to the estate or account of each person entitled to it, based on their individual share.
the actual law source: uscode.house.gov ↗public domain

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

history & why it existsrecord from the source credit
  • 1940Enacted · Act of July 8, 1940, ch. 554 · 54 Stat. 745

A history note hasn’t been published yet. The record shows enactment by ch. 554 on 1940-07-08.

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