Page 211 TITLE 25—INDIANS § 564c

loans by setoff against funds payable to the borrower

pursuant to said Act of August 13, 1954, as amended

[this subchapter]. The Secretary is also authorized to

refinance from such revolving fund any loan made by a

lending agency to a withdrawing Klamath Indian that

is secured by encumbrance of his beneficial interest in

tribal property with the approval of the Secretary as

required by section 4 of said 1954 Act [section 564c of

this title], and to include therein a nonreimbursable

grant equal to the interest charges incurred by the borrower prior to such refinancing. In the event adequate

funds are not available from the revolving fund to refinance a loan by such lending agency, the Secretary is

authorized to pay from the revolving fund, without reimbursement, the interest charged on such loan.’’

INDIAN REVOLVING LOAN FUND

Certain funds to be administered as a single Indian

Revolving Loan Fund after Apr. 12, 1974, see section

1461 of this title.

REPEALS; RECOUPMENT OF FUNDS EXPENDED FOR

KLAMATH COUNTY SCHOOL BOARD

Section 24 of act Aug. 13, 1954, as amended by Pub. L.

85–72, June 29, 1957, 71 Stat. 243, provided that: ‘‘All

Acts or parts of Acts inconsistent with this Act [this

subchapter] are hereby repealed insofar as they affect

the tribe or its members. Effective on July 1, 1957, section 2 of the Act of August 19, 1949 (63 Stat. 621, ch. 488)

shall become inapplicable to the unrecouped balance of

funds expended in cooperation with the school board of

Klamath County, Oregon, pursuant to said Act.’’

SEPARABILITY

Section 25 of act Aug. 13, 1954, provided that: ‘‘If any

provision of this Act [this subchapter], or the application thereof to any person or circumstance, is held invalid, the remainder of the Act and the application of

such provision to other persons or circumstances shall

not be affected thereby.’’

§ 564a. Definitions

For the purposes of this subchapter:

(a) ‘‘Tribe’’ means the Klamath Tribe of Indians consisting of the Klamath and Modoc Tribes

and Yahooskin Band of Snake Indians.

(b) ‘‘Secretary’’ means the Secretary of the Interior.

(c) ‘‘Lands’’ means real property, interests

therein, or improvements thereon, and include

water rights.

(d) ‘‘Tribal property’’ means any real or personal property, including water rights, or any

interest in real or personal property, that belongs to the tribe and either is held by the

United States in trust for the tribe or is subject

to a restriction against alienation imposed by

the United States.

(e) ‘‘Adult’’ means a person who is an adult according to the law of the place of his residence.

(Aug. 13, 1954, ch. 732, §2, 68 Stat. 718; Pub. L.

85–132, §1(f), Aug. 14, 1957, 71 Stat. 348.)

AMENDMENTS

1957—Subsec. (e). Pub. L. 85–132 substituted provision

defining adult as a person who is an adult according to

the law of the place of his residence, for provision defining adult as a member of the tribe who has attained

the age of twenty-one years.

CROSS REFERENCES

Modoc Tribe and its members, inapplicability of this

subchapter to, see section 861a of this title.

§ 564b. Membership roll; closure; preparation and

initial publication; appeal from inclusion or

omission from roll; finality of determination;

final publication

At midnight of August 13, 1954, the roll of the

tribe shall be closed and no child born thereafter

shall be eligible for enrollment: Provided, That

the tribe shall have a period of six months from

August 13, 1954, in which to prepare and submit

to the Secretary a proposed roll of the members

of the tribe living on August 13, 1954, which shall

be published in the Federal Register. If the tribe

fails to submit such roll within the time specified in this section, the Secretary shall prepare

a proposed roll for the tribe, which shall be published in the Federal Register. Any person

claiming membership rights in the tribe or an

interest in its assets, or a representative of the

Secretary on behalf of any such person, may,

within ninety days from the date of publication

of the proposed roll, file an appeal with the Secretary contesting the inclusion or omission of

the name of any person on or from such roll. The

Secretary shall review such appeals and his decisions thereon shall be final and conclusive. After

disposition of all such appeals, the roll of the

tribe shall be published in the Federal Register,

and such roll shall be final for the purposes of

this subchapter.

(Aug. 13, 1954, ch. 732, §3, 68 Stat. 718.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 564c, 564f, 565a

of this title.

§ 564c. Personal property rights; restrictions; tax

exemption

Upon publication in the Federal Register of

the final roll as provided in section 564b of this

title, the rights or beneficial interests in tribal

property of each person whose name appears on

the roll shall constitute personal property which

may be inherited or bequeathed, but shall not

otherwise be subject to alienation or encumbrance before the transfer of title to such tribal

property as provided in section 564e of this title

without the approval of the Secretary. Any contract made in violation of this section shall be

null and void. Property which this section

makes subject to inheritance or bequest and

which is inherited or bequeathed after August

13, 1954, and prior to the transfer of title to tribal property as provided in section 564e of this

title shall not be subject to State or Federal inheritance, estate, legacy, or succession taxes.

(Aug. 13, 1954, ch. 732, §4, 68 Stat. 718; Pub. L.

85–731, §2, Aug. 23, 1958, 72 Stat. 818.)

AMENDMENTS

1958—Pub. L. 85–731 inserted provision that property

which is inherited or bequeathed after Aug. 13, 1954, and

prior to transfer of title to tribal property should not

be subject to taxes.

REVOLVING FUND: INTEREST-FREE LOANS TO KLAMATH

INDIANS; REFINANCING LENDING AGENCY LOANS

Use of Revolving Loan Fund for Indians to assist

Klamath Indians during period for terminating Federal

supervision, see note set out under section 564 of this

title.