25 U.s.c. 372

Page 99

§ 372

TITLE 25—INDIANS

(Feb. 14, 1920, ch. 75, § 18, 41 Stat. 426.)

Sec.

373b.

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.

373c.
374.
375.
375a.

TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain 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.)
CODIFICATION
Section is comprised of the second paragraph of section 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, resurvey, classification, and allotment of lands in
severalty under the provisions of the Act of February 8, 1887 (24 Stat. 388), which provide for the
repayment of funds appropriated proportionately out of any Indian moneys held in trust or
otherwise by the United States and available by
law for such reimbursable purposes, are repealed: Provided further, That the repeal shall
not affect any funds authorized to be reimbursed
by any special Act of Congress wherein a particular or special fund is mentioned from which
reimbursement shall be made.
(Mar. 7, 1928, ch. 137, § 1, 45 Stat. 206.)
REFERENCES IN TEXT
Act of February 7, 1887, referred to in text, is popularly 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

375b.
375c.
375d.

376.
377.
378.
379.
380.

Restricted estate or homestead on the public
domain.
Sections 373a and 373b as inapplicable to certain Indians.
Attendance of witnesses.
Determination of heirship of deceased members of Five Civilized Tribes.
Jurisdiction of Secretary of the Interior over
probate and distribution of estates not exceeding $2,500.
Repealed.
Disbursement of sums not exceeding $500 to
heirs or legatees.
Disposition of estates of intestate members of
Cherokee, Chickasaw, Choctaw, and Seminole Nations of Oklahoma dying without
heirs.
Oaths in investigations.
Repealed.
Partition of allotment among heirs; patents.
Sale of allotted lands by heirs.
Lease of inherited allotments by superintendent.

§ 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, whenever any male and female Indian shall have
cohabited together as husband and wife according to the custom and manner of Indian life the
issue of such cohabitation shall be, for the purpose aforesaid, taken and deemed to be the legitimate 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 ‘‘Cherokee Outlet.’’
(Feb. 28, 1891, ch. 383, § 5, 26 Stat. 795.)
REFERENCES IN TEXT
This Act, referred to in text, is act Feb. 28, 1891, ch.
383, 26 Stat. 794, as amended, 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 Tables.
CODIFICATION
A further provision of section 5 of act Feb. 28, 1891,
‘‘that no allotment of lands shall be made or annuities
of money paid to any of the Sac and Fox of the Missouri 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 investigated,’’ was repealed by a provision of the Indian
Appropriation Act of Mar. 2, 1895, ch. 188, § 1, 28 Stat.
902.

Sec.

371.
372.

372–1.
372–2.
372a.
373.
373a.

Descent of land.
Ascertainment of heirs of deceased allottees;
settlement of estates; sale of lands; deposit
of Indian moneys.
Repealed.
Indian probate judges.
Heirs by adoption.
Disposal by will of allotments held under
trust.
Disposition of trust or restricted estate of intestate without heirs; successor tribe; sale
of land.

§ 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

§ 372–1

TITLE 25—INDIANS

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 determinations 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 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.
(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.)

Page 100
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 section 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 sections 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 classification 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 approved 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 determinations 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 installments’’ 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 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], having met the qualifications required for appointment
pursuant to section 3105 of title 5, United States Code,
shall be deemed to have been appointed pursuant to
that section.’’