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25 U.S.C. § 373bRestricted estate or homestead on the public domain

submitted 84 years ago by ch. 640 to r/title-25-INDIANS · 270 words · no verdicts yet

in plain englishAI-generated · not legal advice

If an Indian who dies without a will and without heirs held a restricted public-domain allotment or homestead, that land escheats to the United States, subject to existing leases and valid creditor claims. If it's near an Indian community, the Secretary may instead hold it in trust for needy Indians, with the process depending on the estate's value. A special rule protects Burns Paiute allotments in Oregon.

If an Indian is found to have died without a will and without heirs, and held a restricted allotment or homestead (or interest in one) on the public domain, that land or interest — along with all built-up rent, income, and profit from it — escheats to the United States. This is subject to all valid existing farming, surface, and mineral leases and the rights of anyone holding them, and the land becomes part of the public domain, subject to paying valid creditor claims the Secretary of the Interior approves, paid from the estate's cash or income. But if the Secretary decides the land lies within or next to an Indian community and can usefully serve Indian purposes, it instead escheats to the United States to be held in trust for needy Indians the Secretary designates — as long as the estate is worth $50,000 or less. For estates worth more than that, Congress (on or after November 24, 1942) designates which Indians the land is held in trust for, still subject to the existing leases and lease-holders' rights. A special rule applies to all Burns public domain allotments in Harney County, Oregon: interests belonging to Indians who die without a will and without heirs are held in trust by the United States for the Burns Paiute Indian Colony of Oregon and become part of the Burns Paiute Indian Reservation.
the actual law source: uscode.house.gov ↗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 1Provided 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 credit: (Nov. 24, 1942, ch. 640, § 2, 56 Stat. 1022; Pub. L. 98–25, §§ 2, 3, May 2, 1983, 97 Stat. 185.)

history & why it existsrecord from the source credit
  • 1942Enacted · Act of Nov. 24, 1942, ch. 640 · 56 Stat. 1022
  • 1983Amended · Pub. L. 98-25 · 97 Stat. 185

A history note hasn’t been published yet. The record shows enactment by ch. 640 on 1942-11-24.

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