---
kind: "section"
citation: "25 U.S.C. § 373a"
title: "25"
title_heading: "Indians"
number: "373a"
heading: "Disposition of trust or restricted estate of intestate without heirs; successor tribe; sale of land"
release: "119-102"
url: "https://uscodex.org/usc/25/373a"
units:
  - "Chapter 10 — Descent and Distribution; Heirs of Allottee"
---

# §373a. Disposition of trust or restricted estate of intestate without heirs; successor tribe; sale of land


Upon final determination by the [Secretary](/usc/25/5130.md?p=1) of the Interior that the [Indian](/usc/25/1934.md) 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](/usc/25/3402.md?p=2-A) owning the land at the time of allotment subject to the payment of such creditors’ claims as the [Secretary](/usc/25/5130.md?p=1) 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](/usc/25/3402.md?p=2-A) which owned the land at the time of allotment has been reorganized or reconstituted by reason of amalgamation with another [tribe](/usc/25/3402.md?p=2-A) or group of [Indians](/usc/25/1934.md) or of subdivision within the [tribe](/usc/25/3402.md?p=2-A) or otherwise, the land shall escheat to the [tribe](/usc/25/3402.md?p=2-A) or group which has succeeded to the jurisdiction of the original [tribe](/usc/25/3402.md?p=2-A) over the area in question. If neither the [tribe](/usc/25/3402.md?p=2-A) which owned the land at the time of allotment nor a successor [tribe](/usc/25/3402.md?p=2-A) or group exists, the land or interest therein shall be held in trust for such [Indians](/usc/25/1934.md) as the [Secretary](/usc/25/5130.md?p=1) may designate within the State or States wherein the land is situated or, if the [Secretary](/usc/25/5130.md?p=1) determines that the land cannot appropriately be used by or for such [Indians](/usc/25/1934.md), 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](/usc/25/1934.md) as the [Secretary](/usc/25/5130.md?p=1) may designate, within the State or States wherein the land is situated.


## Source credit

(Nov. 24, 1942, ch. 640, § 1, 56 Stat. 1021.)