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25 U.S.C. § 372–1 — Repealed. Pub. L. 101–301, § 12(a), May 24, 1990, 104 Stat. 211

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 372–1 — Repealed. Pub. L. 101–301, § 12(a), May 24, 1990, 104 Stat. 211

### Statutory Notes 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 Pub. L. 101–301, § 12(b), May 24, 1990, 104 Stat. 211, 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that: “Hearing officers heretofore appointed to preside over Indian probate proceedings pursuant to the proviso repealed by subsection (a) [[25 U.S.C. 372–1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section372-1&num=0&edition=prelim)], having met the qualifications required for appointment pursuant to [section 3105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim), United States Code, shall be deemed to have been appointed pursuant to that section.”

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Source file: Laws/federal/codes/united-states-code/title-25/section-3721-repealed-pub-l-101301-12-a-may-24-1990-104-stat-211--9ff220028b.md
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Source location: Title 25, Chapter 10, § 372–1; chapter-010-descent-and-distribution-heirs-of-allottee.md

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### Statutory Notes 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 Pub. L. 101–301, § 12(b), May 24, 1990, 104 Stat. 211, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section372-1&num=0&edition=prelim)], having met the qualifications required for appointment pursuant to [section 3105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim), United States Code, shall be deemed to have been appointed pursuant to that section.”

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3105 — Appointment of administrative law judges

Each agency shall appoint as many administrative law judges as are necessary for proceedings required to be conducted in accordance with sections 556 and 557 of this title. Administrative law judges shall be assigned to cases in rotation so far as practicable, and may not perform duties inconsistent with their duties and responsibilities as administrative law judges.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2201&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section373&num=0&edition=prelim). 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 wi

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 372 — Untitled legal text

Page 105 TITLE 25—INDIANS § 372–1 of money paid to any of the Sac and Fox of the Mis- souri 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 in- vestigated,’’ was repealed by a provision of the Indian Appropriation Act of Mar. 2, 1895, ch. 188, § 1, 28 Stat. 902. § 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, with- out having made a will disposing of said allot- ment 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 determina- tions 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 discre- tion, 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 parti- tion to the advantage of the heirs, he may cause the shares of such a

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