§ 373. Disposal by will of allotments held under trust

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1910

   Pub. L. 61–431 § 2 · 36 Stat. 855

   Enacted · 25 U.S.C. § 373

   June 25, 1910, ch. 431, § 2, 36 Stat. 856

   Source evidence

   Code source credit
   June 25, 1910, ch. 431, § 2, 36 Stat. 856

   Enacted provision · exact public law section
   Sec. 2. That any Indian of the age of twenty-one years, or over, to Disposal of trust allotments by will. whom an allotment of land has been or may hereafter be made, shall have the right, prior to the expiration of the trust period and before the issue of a fee simple patent, to dispose of such allotment by will, in accordance with rules and regulations to be prescribed by the Secretary of the Interior: Provided, however, That no will so executed Provisos. Approval required. shall be valid or have any force or effect unless and until it shall have been approved by the Commissioner of Indian Affairs and the Not applicable to Oklahoma. Secretary of the Interior: Provided further, That sections one and two of this Act shall not apply to the State of Oklahoma.

2. 1987

   Pub. L. 100–153 § 2 · 101 Stat. 886

   Substituted · 25 U.S.C. § 373

   Pub. L. 100–153 which directed amendment of this section by substituting “the age of eighteen years or older” for “the age of twenty-one years, or over” was executed by substituting the new language for “the age of twenty-one years” as the probable intent of Congress because the words “, or over” did not appear

   Source evidence

   Code amendment note
   Pub. L. 100–153 which directed amendment of this section by substituting “the age of eighteen years or older” for “the age of twenty-one years, or over” was executed by substituting the new language for “the age of twenty-one years” as the probable intent of Congress because the words “, or over” did not appear.

   Enacted provision · exact public law section
   Sec. 2. Section 2 of the Act of June 25, 1910 (36 Stat. 856), as amended, is further amended by deleting the phrase “the age of twenty-one years, or over” and inserting, in lieu thereof, the phrase “the age of eighteen years or older”.

3. 2000

   Indian Land Consolidation Act Amendments of 2000

   Pub. L. 106–462 title I § 106(b)(2) · 114 Stat. 1991

   Substituted · 25 U.S.C. § 373

   Pub. L. 106–462 substituted “with the Indian Land Consolidation Act or a tribal probate code approved under such Act and regulations to be prescribed by the Secretary of the Interior:” for “with regulations to be prescribed by the Secretary of the Interior:”

   Source evidence

   Code amendment note
   Pub. L. 106–462 substituted “with the Indian Land Consolidation Act or a tribal probate code approved under such Act and regulations to be prescribed by the Secretary of the Interior:” for “with regulations to be prescribed by the Secretary of the Interior:”.

   Enacted provision · exact public law section
   (2) in the first sentence of section 2 (25 U.S.C. 373), by striking “with regulations” and inserting “with the Indian Land Consolidation Act or a tribal probate code approved under such Act and regulations”.

3 of 3 references resolved to an enrolled provision