Page 213 TITLE 25—INDIANS § 564f

final roll of the tribe, may purchase for his own account, but not as an agent for others, any such property in lots as offered for sale, and provided that if

more than one right is exercised to purchase the same

property, it be sold on the basis of competitive bids.

Subsec. (a)(5). Pub. L. 85–132, §1(g), substituted

‘‘members who elect to remain in the tribe’’ for

‘‘tribe’’.

Subsec. (b). Pub. L. 85–132, §1(b), provided for partial

reimbursement of the tribe for expenditures of tribal

funds under this section, authorization of appropriation

of the lesser of amount equal to one-half of such expenditures, or $550,000, in lieu of former provisions

which charged expenses incident to par. (3) to members

who withdraw from tribe, charged expenses under pars.

(4) and (5) to members who remain in tribe, and charged

all other expenses under this section to interests of

both groups of members.

COMPENSATION FOR SERVICES PERTAINING TO

ENACTMENT PROHIBITED

Section 3 of Pub. L. 85–731 provided that: ‘‘No funds

distributed pursuant to section 5 of the Act of August

13, 1954, as amended [this section], to members who

withdraw from the tribe shall be paid to any person as

compensation for services pertaining to the enactment

of said Act or amendments thereto [this subchapter]

and any person making or receiving such payments

shall be guilty of a misdemeanor and shall be imprisoned for not more than six months and fined not more

than $500.’’

TERMINATION OF CONTRACT WITH MANAGEMENT

SPECIALISTS BY SECRETARY OF THE INTERIOR

Section 4 of Pub. L. 85–731 provided that: ‘‘The Secretary of the Interior is directed to terminate the contract between him and the management specialists by

giving immediately the sixty-day notice required by

paragraph 18 of such contract. When the contract is

terminated, all of the functions of the management

specialists under section 5 of the Act of August 13, 1954,

as amended [this section], shall be performed by the

Secretary.’’

PROVISIONS REQUIRING ELECTION TO WITHDRAW OR REMAIN IN TRIBE FOLLOWING APPRAISAL AS UNAFFECTED

Section 5 of Pub. L. 85–731 provided that: ‘‘Nothing in

this Act shall in any way modify or repeal the provisions of subsection 5(a) of the Act of August 13, 1954, 68

Stat. 718), as amended [subsec. (a) of this section], providing for and requiring members of the Klamath Tribe

to elect to withdraw from or remain in the tribe, following the appraisal of the tribal property.’’

CEMETERIES WITHIN RESERVATION

Section 9 of Pub. L. 85–731 provided that: ‘‘Except as

provided below the provisions of the Act of August 13,

1954 (68 Stat. 718), as amended [this subchapter], shall

not apply to cemeteries within the reservation. The

Secretary is hereby authorized and directed to transfer

title to such properties to any organization authorized

by the tribe and approved by him. In the event such an

organization is not formed by the tribe within eighteen

months following enactment of this Act [August 23,

1958], the Secretary is directed to perfect the organization of a nonprofit entity empowered to accept title

and maintain said cemeteries, any costs involved to be

subject to the provisions of section 5(b) of said Act of

August 13, 1954, as amended [subsec. (b) of this section].’’

DEFERRAL OF TIME FOR SALES OF TRIBAL PROPERTY

Sales of tribal property made pursuant to subsec.

(a)(3) of this section or section 564e of this title as deferred until the adjournment of the second session of

the Eighty-fifth Congress, see note set out under section 564e of this title.

CROSS REFERENCES

Minors’ and incompetents’ rights, protection, see section 564n of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 564e, 564w–1 of

this title.

§ 564e. Sale of tribal property

(a) Transfer procedure

The Secretary is authorized and directed to

execute any conveyancing instrument that is

necessary or appropriate to convey title to tribal property to be sold in accordance with the

provisions of paragraph (3) of subsection (a) of

section 564d of this title, and to transfer title to

all other tribal property to a trustee, corporation, or other legal entity in accordance with

the plan prepared pursuant to paragraph (5) of

subsection (a) of section 564d of this title.

(b) Time limitation

It is the intention of the Congress that all of

the actions required by section 564d of this title

and this section shall be completed at the earliest practicable time and in no event later than

seven years from August 13, 1954.

(c) Effect on tribal members selling interests

Members of the tribe who receive the money

value of their interests in tribal property shall

thereupon cease to be members of the tribe: Provided, That nothing shall prevent them from

sharing in the proceeds of tribal claims against

the United States.

(Aug. 13, 1954, ch. 732, §6, 68 Stat. 719; Pub. L.

85–132, §1(c), Aug. 14, 1957, 71 Stat. 347; Pub. L.

85–731, §10, Aug. 23, 1958, 72 Stat. 819.)

AMENDMENTS

1958—Subsec. (b). Pub. L. 85–731 substituted ‘‘seven

years’’ for ‘‘six years’’.

1957—Subsec. (b). Pub. L. 85–132 substituted ‘‘six

years’’ for ‘‘four years’’.

DEFERRAL OF TIME FOR SALES OF TRIBAL PROPERTY

Section 27 of act Aug. 13, 1954, ch. 732, as added by

Pub. L. 85–132, §1(a), provided that: ‘‘Notwithstanding

any other provisions of this Act [this subchapter], no

sales of tribal property shall be made pursuant to paragraph (3) of subsection (a) of section 5, or section 6 of

this Act [section 564d(a)(3) of this title or this section]

prior to the adjournment of the second session of the

Eighty-fifth Congress.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 564c, 564d,

564w–1, 861a of this title.

§ 564f. Per capita payments to tribal members

The Secretary is authorized and directed, as

soon as practicable after the passage of this subchapter, to pay from such funds as are deposited

to the credit of the tribe in the Treasury of the

United States, $250 to each member of the tribe

on the rolls of the tribe on August 13, 1954. Any

other person whose application for enrollment

on the rolls of the tribe is subsequently approved, pursuant to the terms of section 564b of

this title, shall, after enrollment, be paid a like

sum of $250: Provided, That such payments shall

be made first from the capital reserve fund created by section 530 of this title.