25 U.S.C. § 371 — Descent of land

Page 104 TITLE 25—INDIANS § 357 dividual restricted Indian allottees, or their heirs, shall be forwarded to the Secretary of the Interior for approval, but all such undisputed claims or uncontested leases (except oil and gas leases) shall be paid, approved, rejected, or dis- approved by the Superintendent for the Five Civilized Tribes of Oklahoma: Provided, however, That any party aggrieved by any decision or order of the Superintendent for the Five Civ- ilized Tribes of Oklahoma may appeal from the same to the Secretary of the Interior within thirty days from the date of said decision or order. (Feb. 14, 1920, ch. 75, § 18, 41 Stat. 426.) Editorial Notes CODIFICATION The clause ‘‘heretofore required to be approved under existing law by the Secretary of the Interior’’ after the words ‘‘but all such undisputed claims or uncontested leases (except oil and gas leases)’’ omitted from text as superfluous. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 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. § 357. Condemnation of lands under laws of States Lands allotted in severalty to Indians may be condemned for any public purpose under the laws of the State or Territory where located in the same manner as land owned in fee may be condemned, and the money awarded as damages shall be paid to the allottee. (Mar. 3, 1901, ch. 832, § 3, 31 Stat. 1084.) Editorial Notes CODIFICATION Section is comprised of the second paragraph of sec- tion 3 of act Mar. 3, 1901. The first paragraph of such section 3 is classified to section 319 of this title. § 358. Repeal of statutory provisions relating to survey, classification, and allotments which provide for repayment out of Indian moneys Any and all provisions contained in any Act passed prior to March 7, 1928, for the survey, re- survey, classification, and allotment of lands in severalty under the provisions of the Act of Feb- ruary 8, 1887 (24 Stat. 388), which provide for the repayment of funds appropriated proportion- ately out of any Indian moneys held in trust or otherwise by the United States and available by law for such reimbursable purposes, are re- pealed: Provided further, That the repeal shall not affect any funds authorized to be reimbursed by any special Act of Congress wherein a par- ticular or special fund is mentioned from which reimbursement shall be made. (Mar. 7, 1928, ch. 137, § 1, 45 Stat. 206.) Editorial Notes REFERENCES IN TEXT Act of February 7, 1887, referred to in text, is popu- larly known as the Indian General Allotment Act. For classification of this Act to the Code, see Short Title note set out under section 331 of this title and Tables. CHAPTER 10—DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE 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. 372–2. Indian probate judges. 372a. Heirs by adoption. 373. Disposal by will of allotments held under trust. 373a. Disposition of trust or restricted estate of in- testate without heirs; successor tribe; sale of land. 373b. Restricted estate or homestead on the public domain. 373c. Sections 373a and 373b as inapplicable to cer- tain Indians. 374. Attendance of witnesses. 375. Determination of heirship of deceased mem- bers of Five Civilized Tribes. 375a. Jurisdiction of Secretary of the Interior over probate and distribution of estates not ex- ceeding $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 Semi- nole 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 super- intendent. § 371. Descent of land 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, when- ever any male and female Indian shall have cohabited together as husband and wife accord- ing to the custom and manner of Indian life the issue of such cohabitation shall be, for the pur- pose aforesaid, taken and deemed to be the le- gitimate 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 ‘‘Cher- okee Outlet.’’ (Feb. 28, 1891, ch. 383, § 5, 26 Stat. 795.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is act Feb. 28, 1891, ch. 383, 26 Stat. 794, 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 Ta- bles. CODIFICATION A further provision of section 5 of act Feb. 28, 1891, ‘‘that no allotment of lands shall be made or annuities 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 as are competent, upon their petition, to be set aside and patents in fee to be issued to them therefor. All sales of lands allot- ted to Indians authorized by this or any other Act shall be made under such rules and regula- tions 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 Sec- retary of the Interior shall cause to be issued to the purchaser patent in fee for such land: Pro- vided, 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 re- spective interests shall appear: Provided further, That the Secretary of the Interior is authorized, in his discretion, to issue a certificate of com- petency, upon application therefor, to any In- dian, 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 re- moving 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 de- posit Indian moneys, individual or tribal, com- ing 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 ap- proved 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. (June 25, 1910, ch. 431, § 1, 36 Stat. 855; Mar. 3, 1928, ch. 122, 45 Stat. 161; Apr. 30, 1934, ch. 169, 48 Stat. 647; Pub. L. 101–301, § 12(c), May 24, 1990, 104 Stat. 211; Pub. L. 106–462, title I, § 106(b)(1), Nov. 7, 2000, 114 Stat. 2007.) Editorial Notes 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, which is classified generally to chapter 24 (§ 2201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2201 of this title and Tables. This Act, referred to in text, is act June 25, 1910, ch. 431, 36 Stat. 855, which enacted sections 47, 93, 151, 202, 337, 344a, 351, 352, 353, 372, 403, 406, 407, and 408 of this title, section 6a–1 of former 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 sec- tions 104 and 107 of former Title 18, Criminal Code and Criminal Procedure. Sections 104 and 107 of former Title 18 were repealed and restated as sections 1853 and 1856 of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, 62 Stat. 683. Section 6a–1 of former Title 41 was repealed and restated as section 6102(e) of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete classifica- tion of this Act to the Code, see Tables. AMENDMENTS 2000—Pub. L. 106–462 substituted ‘‘under the Indian Land Consolidation Act or a tribal probate code ap- proved 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 de- terminations 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 in- stallments’’ 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’’. § 372–1. Repealed. Pub. L. 101–301, § 12(a), May 24, 1990, 104 Stat. 211 Section, Pub. L. 90–28, title I, June 24, 1967, 81 Stat. 69, provided that, on and after June 24, 1967, hearing of- ficers appointed for Indian probate work did not have to be appointed pursuant to the Administrative Proce- dure Act, as amended. Similar provisions were con- tained in the following prior appropriation acts: