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U.S. Code as of:
01/19/04
Section 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 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.
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