[56 STAT. PUBLIC LAWS-CHS. 640, 641-NOV. 24, 1942 Disposition if nei- ther tribe exists. Allotments, etc., on public domain. Escheat to the U. S. PrOvito. Nonapplicability. Repeal. 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 agri- cultural, 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 advan- tageously 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 dis- position 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. [CHAPTER 641] November 24, 1942 [S. 25151 [Public Law 775] Federal Explosiv Act, amendment. Transit upon ai craft, etc. 55 Stat. 864. 50 U. S. C., Supp. § 123. AN ACT To amend the Federal Explosives Act, as amended, by removing from the application of the Act explosives or ingredients in transit upon aircraft in conformity with statutory law or rules and regulations of the Civil Aeronautics Board. Be it enacted by the Senate and House of Representatives of the e s United States of America in Congress assembled, That the second sentence of section 3 of the Act of October 6, 1917 (40 Stat. 385; U. S . C., title 50, sec. 121), as amended by the Act of December 26, I 1941 (Public Law 381, Seventy-seventh Congress), be, and the same is hereby, amended to read as follows: "This Act shall not apply to explosives or ingredients which are in transit upon vessels, railroad cars, or conveyances in conformity with statutory law or with the rules and regulations of the Interstate Commerce Commission, or regulations of the Secretary of Commerce, or to explosives or ingre- dients which are in transit upon aircraft in conformity with statutory law or with the rules and regulations of the Civil Aeronautics Board.' Approved, November 24, 1942. 1022
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