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25 U.S.C. § 372 — Ascertainment of heirs of deceased allottees; settlement of estates; sale of lands; deposit of Indian moneys
Federal law — U.S. Code and appendices · legal_authorities
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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Source file: Laws/federal/codes/united-states-code/title-25/section-372-ascertainment-of-heirs-of-deceased-allottees-settlement-of-estates-sale--894f9a2030.md
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Source location: Title 25, Chapter 10, § 372; chapter-010-descent-and-distribution-heirs-of-allottee.md
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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 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.
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this chapter—
(1) “Indian tribe” or “tribe” means any Indian tribe, band, group, pueblo, or community for which, or for the members of which, the United States holds lands in trust;
(2) “Indian” means—
(A) any person who is a member of any Indian tribe, is eligible to become a member of any Indian tribe, or is an owner (as of October 27, 2004) of a trust or restricted interest in land;
(B) any person meeting the definition of Indian under the Indian Reorganization Act ([25 U.S.C. 479](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section479&num=0&edition=prelim)) 11 See References in Text note below. and the regulations promulgated thereunder; and
(C) with respect to the inheritance and ownership of trust or restricted land in the State of California pursuant to [section 2206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2206&num=0&edition=prelim), any person described in subparagraph (A) or (B) or any person who owns a trust or restricted interest in a parcel of such land in that State.22 So in original. The period probably should be a semicolon.
(3) “Secretary” means the Secretary of the Interior;
(4)
(i) “trust or restricted lands” means lands, title to which is held by the United States in trust for an Indian tribe or individual, or which is held by an Indian tribe or individual subject to a restriction by the United States against alienation; and (ii) “trust or restricted interest in land” or “trust or restricted interest in a parcel of land” means an interest in land, the title to which interest is held in trust by the United States for an Indian tribe or individual, or which is held by an Indian tribe or individual subject to a restriction by the United States a
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, acts June 25, 1910, ch. 431, § 13, 36 Stat. 858; June 29, 1960, Pub. L. 86–533, § 1(13), 74 Stat. 248, authorized withdrawal of lands in Indian reservations for power or reservation sites.
#### Effective Date of Repeal
Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792, provided that the repeal made by section 704(a) is effective on and after Oct. 21, 1976.
#### Savings Provision
Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under [section 1701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1701&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
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](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 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
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Federal law — U.S. Code and appendices · legal_authorities
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 national bank or banks as he may select: Provided, That the bank or banks so selected by him shall first execute to said disbursing agent a bond, with approved surety, in such an amount as will properly safeguard the funds to be deposited. Such bond shall be subject to the approval of the Secretary of the Interior.
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary in carrying out his responsibility to regulate the descent and distribution of trust lands under [section 372 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section372&num=0&edition=prelim), and other laws, shall give full faith and credit to any tribal actions taken pursuant to subsections (a) and (b) of [section 2205 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2205&num=0&edition=prelim), which provision shall apply only to estates of decedent’s whose deaths occur on or after the effective date of tribal ordinances adopted pursuant to this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Interior is authorized, whenever in his opinion it shall be conducive to the best welfare and interest of the Indians living within any Indian village on any of the Indian reservations in the State of Washington to issue a patent to each of said Indians for the village or town lot occupied by him, which patent shall contain restrictions against the alienation of the lot described therein to persons other than members of the tribe, except on approval of the Secretary of the Interior; and if any such Indian shall die subsequent to June 25, 1910, and before receiving patent to the lot occupied by him, the lot to which such Indian would have been entitled if living shall be patented in his name and shall be disposed of as provided for in [section 372 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section372&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
Page 436
TITLE 25—INDIANS
§ 2201
1 See References in Text note below.
2 So in original. The period probably should be a semicolon.
Sec.
2202.
Other applicable provisions.
2203.
Adoption of land consolidation plan with ap-
proval of Secretary.
2204.
Purchase of trust or restricted or controlled
lands at no less than fair market value; req-
uisite conditions.
2205.
Tribal probate codes; acquisitions of frac-
tional interests by tribes.
2206.
Descent and distribution.
2207.
Full faith and credit to tribal actions under
tribal ordinances limiting descent and dis-
tribution of trust or restricted or controlled
lands.
2208.
Conveyancing authority upon sale or ex-
change of tribal lands; removal of trust sta-
tus of individually owned lands.
2209.
Trusteeship title of United States for any In-
dian or Indian tribe.
2210.
Tax exemption.
2211.
Governing body of tribe; construction of
chapter as not vesting with authority not
authorized by tribal constitution or by-
laws.
2212.
Fractional interest acquisition program.
2213.
Administration of acquired fractional inter-
ests; disposition of proceeds.
2214.
Establishing fair market value.
2215.
Acquisition Fund.
2216.
Trust and restricted land transactions.
2217.
Reports to Congress.
2218.
Approval of leases, rights-of-way, and sales of
natural resources.
2219.
Application to Alaska.
2220.
Owner-managed interests.
2221.
Annual notice and filing; current where-
abouts of interest owners.
§ 2201. Definitions
For the purpose of this chapter—
(1) ‘‘Indian tribe’’ or ‘‘tribe’’ means any In-
dian tribe, band, group, pueblo, or community
for which, or for the members of which, the
United States holds lands in trust;
(2) ‘‘Indian’’ means—
(A) any person who is a member of any In-
dian trib
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 372
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