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U.S. Code as of:
01/02/2006
Section 373a. Disposition of trust or restricted estate of intestate without heirs; successor tribe; sale of land
Upon final determination by the Secretary of the Interior that
the Indian holder of a trust or restricted allotment of lands or an
interest therein has died intestate without heirs, the lands or
interest so owned, together with all accumulated rents, issues, and
profits therefrom held in trust for the decedent, shall escheat to
the tribe owning the land at the time of allotment 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 and subject to all valid existing agricultural,
surface, and mineral leases and the rights of any person
thereunder.
If the tribe which owned the land at the time of allotment has
been reorganized or reconstituted by reason of amalgamation with
another tribe or group of Indians or of subdivision within the
tribe or otherwise, the land shall escheat to the tribe or group
which has succeeded to the jurisdiction of the original tribe over
the area in question. If neither the tribe which owned the land at
the time of allotment nor a successor tribe or group exists, the
land or interest therein shall be held in trust for such Indians as
the Secretary may designate within the State or States wherein the
land is situated or, if the Secretary determines that the land
cannot appropriately be used by or for such Indians, it shall be
sold, subject to all valid existing agricultural, surface, and
mineral leases and the rights of any person thereunder, and the
proceeds of such sale shall be held in trust for such Indians as
the Secretary may designate, within the State or States wherein the
land is situated.
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