§ 373b. Restricted estate or homestead on the public domain

Footnotes

1. 1 So in original. Probably should be followed by a colon.

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. 1942

   Pub. L. 77–640 § 2 · 56 Stat. 1021

   Enacted · 25 U.S.C. § 373b

   Nov. 24, 1942, ch. 640, § 2, 56 Stat. 1022

   Source evidence

   Code source credit
   Nov. 24, 1942, ch. 640, § 2, 56 Stat. 1022

   Enacted provision · exact public law section
   Sec. 2. 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: Proviso. 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 $2,000, 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 hereafter designate, subject to all valid existing agricultural, surface, and mineral leases and the rights of any person thereunder.

2. 1983

   Pub. L. 98–25 § 2 · 97 Stat. 185

   Inserted · 25 U.S.C. § 373b

   Pub. L. 98–25, § 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

   Source evidence

   Code amendment note
   Pub. L. 98–25, § 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.

   Enacted provision · exact public law section
   Sec. 2. Section 2 of the Act of November 24, 1942 (56 Stat. 1022; 25 U.S.C. 373b), is amended by inserting the following immediately before the period at the end thereof: “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”. However, no non-Indian lands in 25 USC 373b note. Harney County, Oregon, shall be considered Indian country as defined in section 1151 of title 18, United States Code.

3. 1983

   Pub. L. 98–25 § 3 · 97 Stat. 185

   Substituted · 25 U.S.C. § 373b

   Pub. L. 98–25, § 3, substituted “$50,000” for “$2,000”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 98–25, § 3, substituted “$50,000” for “$2,000”.

   Enacted provision · exact public law section
   Sec. 3. Section 2 of the Act of November 24, 1942 (56 Stat. 1022; 25 U.S.C. 373b), is amended by deleting “$2,000” and inserting in lieu thereof “$50,000”.

3 of 3 references resolved to an enrolled provision