Page 283 TITLE 25—INDIANS § 703

(3) if the whereabouts of none of the owners

can be ascertained, cause such lands to be sold

and deposit the proceeds of sale in the Treasury of the United States for safekeeping.

(Aug. 13, 1954, ch. 733, §6, 68 Stat. 725.)

§ 697. Property of deceased members

(a) Federal laws not applicable to probate

The Act of June 25, 1910 (36 Stat. 855), the Act

of February 14, 1913 (37 Stat. 678), and other Acts

amendatory thereto shall not apply to the probate of the trust and restricted property of the

members of the tribes who die six months or

more after August 13, 1954.

(b) State, etc., laws applicable to probate

The laws of the several States, Territories,

possessions, and the District of Columbia with

respect to the probate of wills, the determination of heirs, and the administration of decedents’ estates shall apply to the individual property of members of the tribes who die six

months or more after August 13, 1954.

(Aug. 13, 1954, ch. 733, §7, 68 Stat. 726.)

REFERENCES IN TEXT

Act of June 25, 1910, referred to in subsec. (a), is act

June 25, 1910, ch. 431, 36 Stat. 855, as amended, which

enacted sections 47, 93, 151, 202, 337, 344a, 351, 352, 353,

372, 403, 406, 407, and 408 of this title, sections 6a–1 and

16a of Title 41, Public Contracts, and section 148 of

Title 43, Public Lands, and amended sections 191, 312,

331, 333, and 336 of this title and sections 104 and 107 of

former Title 18, Criminal Code and Criminal Procedure.

Sections 104 and 107 of former title 18 were repealed and

reenacted as sections 1853 and 1856 of Title 18, Crimes

and Criminal Procedure, by act June 25, 1948, ch. 645, 62

Stat. 683. For complete classification of this Act to the

Code, see Tables.

Act of February 14, 1913, referred to in subsec. (a), is

act Feb. 14, 1913, ch. 55, 37 Stat. 678, which amended section 373 of this title. For complete classification of this

Act to the Code, see Tables.

§ 698. Transfer of federally owned property

The Secretary is authorized, in his discretion,

to transfer to any tribe or any member or group

of members thereof any federally owned property acquired, withdrawn, or used for the administration of the affairs of the tribes subject to

this subchapter which he deems necessary for

Indian use, or to transfer to a public or nonprofit body any such property which he deems

necessary for public use and from which members of the tribes will derive benefits.

(Aug. 13, 1954, ch. 733, §8, 68 Stat. 726.)

§ 699. Taxes; initial exemption; taxes following

distribution; valuation for capital gains or

losses

No property distributed under the provisions

of this subchapter shall at the time of distribution be subject to Federal or State income tax.

Following any distribution of property made

under the provisions of this subchapter, such

property and any income derived therefrom by

the individual, corporation, or other legal entity

shall be subject to the same taxes, State and

Federal, as in the case of non-Indians: Provided,

That for the purpose of capital gains or losses

the base value of the property shall be the value

of the property when distributed to the individual, corporation, or other legal entity.

(Aug. 13, 1954, ch. 733, §9, 68 Stat. 726.)

§ 700. Protection of minors, persons non compos

mentis and other members needing assistance; guardians; other adequate means

Prior to the transfer of title to, or the removal

of restrictions from, property in accordance

with the provisions of this subchapter, the Secretary shall protect the rights of members of the

tribes who are minors, non compos mentis, or in

the opinion of the Secretary in need of assistance in conducting their affairs by causing the

appointment of guardians for such members in

courts of competent jurisdiction, or by such

other means as he may deem adequate.

(Aug. 13, 1954, ch. 733, §10, 68 Stat. 726.)

§ 701. Advances or expenditures from tribal

funds

Pending the completion of the property dispositions provided for in this subchapter, the

funds now on deposit, or hereafter deposited in

the Treasury of the United States to the credit

of a tribe shall be available for advance to the

tribe, or for expenditure, for such purposes as

may be designated by the governing body of the

tribe and approved by the Secretary.

(Aug. 13, 1954, ch. 733, §11, 68 Stat. 726.)

§ 702. Execution by Secretary of patents, deeds,

etc.

The Secretary shall have authority to execute

such patents, deeds, assignments, releases, certificates, contracts, and other instruments as

may be necessary or appropriate to carry out

the provisions of this subchapter, or to establish

a marketable and recordable title to any property disposed of pursuant to this subchapter.

(Aug. 13, 1954, ch. 733, §12, 68 Stat. 727.)

§ 703. Termination of Federal trust

(a) Publication; termination of Federal services;

application of Federal and State laws

Upon removal of Federal restrictions on the

property of each tribe and individual members

thereof, the Secretary shall publish in the Federal Register a proclamation declaring that the

Federal trust relationship to the affairs of the

tribe and its members has terminated. Thereafter individual members of the tribe shall not

be entitled to any of the services performed by

the United States for Indians because of their

status as Indians, all statutes of the United

States which affect Indians because of their

status as Indians, excluding statutes that specifically refer to the tribe and its members,

shall no longer be applicable to the members of

the tribe, and the laws of the several States

shall apply to the tribe and its members in the

same manner as they apply to other citizens or

persons within their jurisdiction.

(b) Citizenship status unaffected

Nothing in this subchapter shall affect the

status of the members of a tribe as citizens of

the United States.