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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 25 U.S.C. § 373b Restricted estate or homestead on the public domain us united_states_code code_section 25 INDIANS 10 DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE 373b 25 U.S.C. § 373b current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc25@119-100.zip /us/usc/t25/s373b data/legal/raw/us/code/title-25/usc25.xml cf57783ac75d7e629c0a80b9d1cfac798c7598872883440cb7e63aa2f2944478 d4661d83bff6862be548ac8e843ba61e942ed983aade7cf83cb7dbc3dcd08168 8cfbf08471d38b1d06ad50c6f5ec49706f279c60a3c34ef1478039915e10f7b5 2026-07-04 official
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25 U.S.C. § 373b - Restricted estate or homestead on the public domain

Text

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 11 So in original. Probably should be followed by a colon. Provided 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.

(Nov. 24, 1942, ch. 640, § 2, 56 Stat. 1022; Pub. L. 9825, §§ 2, 3, May 2, 1983, 97 Stat. 185.)

Notes

Editorial Notes

Amendments1983—Pub. L. 9825, § 2, inserted proviso 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. Pub. L. 9825, § 3, substituted “$50,000” for “$2,000”.

Statutory Notes and Related Subsidiaries

Non-Indian Lands in Harney County, OregonPub. L. 9825, § 2, May 2, 1983, 97 Stat. 185, provided in part that no non-Indian lands in Harney County, Oregon, shall be considered Indian country as defined in section 1151 of Title 18, Crimes and Criminal Procedure.