INDIAN AFFAIRS: LAWS AND TREATIES

Vol. VI, Laws     (Compiled from February 10, 1939 to January 13, 1971)

Washington : Government Printing Office


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PUBLIC LAWS OF THE SEVENTY-SEVENTH CONGRESS, SECOND SESSION, 1942.
Chap. 24  | Chap. 54 | Chap. 56 | Chap. 96 | Chap. 98 | Chap. 108 | Chap. 113 | Chap. 298 | Chap. 336 | Chap. 347 | Chap. 396 | Chap. 472 | Chap. 473 | Chap. 476 | Chap. 479 | Chap. 494 | Chap. 516 | Chap. 524 | Chap. 629 | Chap. 630 | Chap. 640 | Chap. 673 | Chap. 679 | Chap. 813 | Chap. 814 | Chap. 815 | Chap. 816

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Chapter 640
November 24, 1942 [H. R. 4533] |  [Public Law 774] 56 Stat. 1021

AN ACT
To provide for the disposition of trust or restricted estates of Indians dying intestate without heirs.
Section 2 | 3 | 4

Margin Notes
Chap. 640 Indians dying intestate without heirs. Escheat of certain property to designated tribe.
Chap. 640 Successor tribe.
Chap. 640 1022
Chap. 640 Disposition if neither tribe exists.
Sec. 2 Allotments, etc., on public domain. Escheat to the U.S.
Sec. 2 Proviso.
Sec. 3 Nonapplicability.
Sec. 4 Repeal.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That 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

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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.

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: 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.

SEC. 3.

The provisions of this Act shall not apply to the Indians of the Five Civilized Tribes or the Osage Reservation, in Oklahoma.

SEC. 4.

The proviso in section 12 of an 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”, approved June 25, 1910 (36 Stat. 855, 858), is hereby repealed.

Approved, November 24, 1942.


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