INDIAN AFFAIRS: LAWS AND TREATIES

Vol. V, Laws     (Compiled from December 22, 1927 to June 29, 1938)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1941.


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PUBLIC ACTS OF THE SEVENTY-THIRD CONGRESS, SECOND SESSION, 1934
Chap. 15  |  Chap. 38  |  Chap. 43  |  Chap. 46  |  Chap. 55  |  Chap. 89  |  Chap. 93  |  Chap. 102  |  Chap. 104  |  Chap. 146  |  Chap. 147  |  Chap. 169  |  Chap. 221  |  Chap. 223  |  Chap. 319  |  Chap. 320  |  Chap. 321  |  Chap. 323  |  Chap. 337  |  Chap. 364  |  Chap. 394  |  Chap. 407  |  Chap. 442  |  Chap. 521  |  Chap. 539  |  Chap. 540  |  Chap. 548  |  Chap. 549  |  Chap. 568  |  Chap. 570  |  Chap. 573  |  Chap. 576  |  Chap. 586  |  Chap. 648  |  Chap. 664  |  Chap. 688  |  Chap. 690  |  Chap. 749  |  Chap. 756  |  Chap. 758  |  Chap. 846  |  Chap. 865

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Chapter 365
April 30, 1934. | [H. R. 5075.] 48 Stat., 647.

An Act to amend section 1 of the Act entitled "An Act to provide for determining the heirs of the deceased Indians, for the disposition and sale of allotments of deceased Indians, for the leasing of allotments, and for other purposes", approved June 25, 1910, as amended

Margin Notes
Chap. 169 Indian trust allotments.
36 Stat., 855, vol. 3, 476.
45 Stat., 161; ante, 6.
Chap. 169 Disposal of, to heirs of intestate Indians.
Chap. 169 Ascertainment of legal heirs. Determination of competency.
Chap. 169 Provisos. Partition.
Chap. 169 Rules for sales.
Chap. 169 Deposit required.
Chap. 169 Forfeiture of payments, if terms not met.
Chap. 169 Benefit of allottee. Issue of patents.
Chap. 169 Distribution of proceeds.
Chap. 169 Competency certificates.
Chap. 169 Deposit of Indian funds in banks. Indemnity bond from bank.

Page 365

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the Act entitled "An Act to provide for determining the heirs of deceased Indians, for the disposition and sale of allotments of deceased Indians, for the leasing of allotments, and for other purposes" (36 Stat. 855), be, and the same is hereby, amended to read as follows:

"That 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 such rules as he may prescribe, shall ascertain the legal heirs of such decedent, and his decision thereon shall be final and conclusive. 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 hereby 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 hereafter 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."

Approved, April 30, 1934.


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