§ 372a. Heirs by adoption
In probate matters under the exclusive juris-
diction of the Secretary of the Interior, no per-
son shall be recognized as an heir of a deceased
Indian by virtue of an adoption—
(1) Unless such adoption shall have been—
(a) by a judgment or decree of a State
court;
(b) by a judgment or decree of an Indian
court;
(c) by a written adoption approved by the
superintendent of the agency having juris-
diction over the tribe of which either the
adopted child or the adoptive parent is a
member, and duly recorded in a book kept
by the superintendent for that purpose; or
(d) by an adoption in accordance with a
procedure established by the tribal author-
ity, recognized by the Department of the In-
terior, of the tribe either of the adopted
child or the adoptive parent, and duly re-
corded in a book kept by the tribe for that
purpose; or
(2) Unless such adoption shall have been rec-
ognized by the Department of the Interior
prior to the effective date of this section or in
the distribution of the estate of an Indian who
has died prior to that date: Provided, That an
adoption by Indian custom made prior to the
effective date of this section may be made
valid by recordation with the superintendent
if both the adopted child and the adoptive par-
ent are still living, if the adoptive parent re-
quests that the adoption be recorded, and if
the adopted child is an adult and makes such
a request or the superintendent on behalf of a
minor child approves of the recordation.
This section shall not apply with respect to
the distribution of the estates of Indians of the
Five Civilized Tribes or the Osage Tribe in the
State of Oklahoma, or with respect to the dis-
tribution of estates of Indians who have died
prior to the effective date of
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Stable record: federal_law:legal_authorities:uscode2024_67961d1c5a71d9a3f155d52b Source file: Laws/federal/codes/united-states-code-2024/title-25/section-372a-heirs-by-adoption--1c7234089b.md Pages: Not recorded – Not recorded Passage SHA-256: acdd8f44538ca6de2f9157af899aea7100c3fbfe9b9bbbba2d2c8535d399eb5c Retained source evidence SHA-256: 7348cb2018d5e6f8d156e8af51c5ef4f80fdc81c5ddf7a48bcad644f086a08be
Page 106
TITLE 25—INDIANS
§ 372–2
May 31, 1966, Pub. L. 89–435, title I, 80 Stat. 181.
June 28, 1965, Pub. L. 89–52, title I, 79 Stat. 185.
July 7, 1964, Pub. L. 88–356, title I, 78 Stat. 284.
July 26, 1963, Pub. L. 88–79, title I, 77 Stat. 107.
Aug. 9, 1962, Pub. L. 87–578, title I, 76 Stat. 345.
Aug. 3, 1961, Pub. L. 87–122, title I, 75 Stat. 256.
May 13, 1960, Pub. L. 86–455, title I, 74 Stat. 104.
June 23, 1959, Pub. L. 86–60, title I, 73 Stat. 92.
June 4, 1958, Pub. L. 85–439, title I, 72 Stat. 155.
July 1, 1957, Pub. L. 85–77, title I, 71 Stat. 257.
June 13, 1956, ch. 380, title I, 70 Stat. 257.
June 16, 1955, ch. 147, title I, 69 Stat. 141.
Aug. 26, 1954, ch. 935, Ch. VII, 68 Stat. 813.
Statutory Notes and Related Subsidiaries
SAVINGS PROVISION
Pub. L. 101–301, § 12(b), May 24, 1990, 104 Stat. 211, pro-
vided that: ‘‘Hearing officers heretofore appointed to
preside over Indian probate proceedings pursuant to the
proviso repealed by subsection (a) [25 U.S.C. 372–1], hav-
ing met the qualifications required for appointment
pursuant to section 3105 of title 5, United States Code,
shall be deemed to have been appointed pursuant to
that section.’’
§ 372–2. Indian probate judges
Notwithstanding any other provision of law,
for fiscal year 2006 and each fiscal year there-
after, for the purpose of adjudicating Indian pro-
bate cases in the Department of the Interior, the
hearing requirements of chapter 10 of this title
are deemed satisfied by a proceeding conducted
by an Indian probate judge, appointed by the
Secretary without regard to the provisions of
title 5 governing the appointments in the com-
petitive service, for such period of time as the
Secretary determines necessary: Provided, That
the basic pay of an Indian probate judge so ap-
pointed may be fixed by the Secretary without
regard to the provisions of chapter 51, and sub-
chapter III of chapter 53 of title 5, governing the
classification and pay of General Schedule em-
ployees, except that no such Indian probate
judge may be paid at a level which exceeds the
maximum rate payable for the highest grade of
the General Schedule, including locality pay.
(Pub. L. 109–54, title I, § 108, Aug. 2, 2005, 119
Stat. 522; Pub. L. 112–74, div. E, title I, § 111, Dec.
23, 2011, 125 Stat. 1009.)
Editorial Notes
AMENDMENTS
2011—Pub. L. 112–74 substituted ‘‘for fiscal year 2006
and each fiscal year thereafter, for the purpose of adju-
dicating’’ for ‘‘in fiscal years 2006 through 2010, for the
purpose of reducing the backlog of’’.
§ 372a. Heirs by adoption
In probate matters under the exclusive juris-
diction of the Secretary of the Interior, no per-
son shall be recognized as an heir of a deceased
Indian by virtue of an adoption—
(1) Unless such adoption shall have been—
(a) by a judgment or decree of a State
court;
(b) by a judgment or decree of an Indian
court;
(c) by a written adoption approved by the
superintendent of the agency having juris-
diction over the tribe of which either the
adopted child or the adoptive parent is a
member, and duly recorded in a book kept
by the superintendent for that purpose; or
(d) by an adoption in accordance with a
procedure established by the tribal author-
ity, recognized by the Department of the In-
terior, of the tribe either of the adopted
child or the adoptive parent, and duly re-
corded in a book kept by the tribe for that
purpose; or
(2) Unless such adoption shall have been rec-
ognized by the Department of the Interior
prior to the effective date of this section or in
the distribution of the estate of an Indian who
has died prior to that date: Provided, That an
adoption by Indian custom made prior to the
effective date of this section may be made
valid by recordation with the superintendent
if both the adopted child and the adoptive par-
ent are still living, if the adoptive parent re-
quests that the adoption be recorded, and if
the adopted child is an adult and makes such
a request or the superintendent on behalf of a
minor child approves of the recordation.
This section shall not apply with respect to
the distribution of the estates of Indians of the
Five Civilized Tribes or the Osage Tribe in the
State of Oklahoma, or with respect to the dis-
tribution of estates of Indians who have died
prior to the effective date of this section.
(July 8, 1940, ch. 555, §§ 1, 2, 54 Stat. 746.)
Editorial Notes
REFERENCES IN TEXT
For effective date of this section, referred to in text,
see Effective Date note set out below.
CODIFICATION
First and second paragraphs of this section are from
sections 1 and 2, respectively, of act July 8, 1940.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Act July 8, 1940, ch. 555, § 3, 54 Stat. 746, provided that:
‘‘This Act shall become effective six months after the
date of its approval [July 8, 1940].’’
Executive Documents
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with cer-
tain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.
§ 373. Disposal by will of allotments held under
trust
Any persons of the age of eighteen years or
older having any right, title, or interest in any
allotment held under trust or other patent con-
taining restrictions on alienation or individual
Indian moneys or other property held in trust by
the United States shall have the right prior to
the expiration of the trust or restrictive period,
and before the issuance of a fee simple patent or
the removal of restrictions, to dispose of such
property by will, in accordance with the Indian
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
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 the Indian Land Consolidation Act [[25 U.S.C. 2201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2201&num=0&edition=prelim) et seq.] or a tribal probate code approved under such Act and pursuant to such rules as he may prescribe, shall ascertain the legal heirs of such decedent, and his decisions shall be subject to judicial review to the same extent as determinations rendered under [section 373 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section373&num=0&edition=prelim). 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 wi
Stored review status: release_metadata_unconfirmed. The source passage cites 25 U.S.C. § 372. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 372.
Ascertainment
of
heirs
of
deceased
allottees; settlement of estates; sale of lands;
deposit of Indian moneys
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, with-
out having made a will disposing of said allot-
ment as hereinafter provided, the Secretary of
the Interior, upon notice and hearing, under the
Indian Land Consolidation Act [25 U.S.C. 2201 et
seq.] or a tribal probate code approved under
such Act and pursuant to such rules as he may
prescribe, shall ascertain the legal heirs of such
decedent, and his decisions shall be subject to
judicial review to the same extent as determina-
tions rendered under section 373 of this title. 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 discre-
tion, 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 parti-
tion 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 allot-
ted to Indians authorized by this or any other
Act shall be made under such rules and regula-
tions 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 Secr
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 372. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
In probate matters under the exclusive jurisdiction of the Secretary of the Interior, no person shall be recognized as an heir of a deceased Indian by virtue of an adoption—
(1) Unless such adoption shall have been— (a) by a judgment or decree of a State court; (b) by a judgment or decree of an Indian court; (c) by a written adoption approved by the superintendent of the agency having jurisdiction over the tribe of which either the adopted child or the adoptive parent is a member, and duly recorded in a book kept by the superintendent for that purpose; or (d) by an adoption in accordance with a procedure established by the tribal authority, recognized by the Department of the Interior, of the tribe either of the adopted child or the adoptive parent, and duly recorded in a book kept by the tribe for that purpose; or
(2) Unless such adoption shall have been recognized by the Department of the Interior prior to the effective date of this section or in the distribution of the estate of an Indian who has died prior to that date: Provided, That an adoption by Indian custom made prior to the effective date of this section may be made valid by recordation with the superintendent if both the adopted child and the adoptive parent are still living, if the adoptive parent requests that the adoption be recorded, and if the adopted child is an adult and makes such a request or the superintendent on behalf of a minor child approves of the recordation.
This section shall not apply with respect to the distribution of the estates of Indians of the Five Civilized Tribes or the Osage Tribe in the State of Oklahoma, or with respect to the distribution of estates of Indians who have died prior to the effective date of this section.