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U.S. Code as of:
01/19/04
Section 373b. Restricted estate or homestead on the public domain
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 (!1)
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.
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