§ 564o TITLE 25—INDIANS Page 216

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

tribe 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, without

application from the member, including but not

limited to the creation of a trust of such member’s property with a trustee selected by the

Secretary, or the purchase by the Secretary of

an annuity for such member: Provided, however,

That no member shall be declared to be in need

of assistance in conducting his affairs unless the

Secretary determines that such member does

not have sufficient ability, knowledge, experience, and judgment to enable him to manage his

business affairs, including the administration,

use, investment, and disposition of any property

turned over to such member and the income and

proceeds therefrom, with such reasonable degree

of prudence and wisdom as will be apt to prevent

him from losing such property or the benefits

thereof: Provided further, That any member determined by the Secretary to be in need of assistance in conducting his affairs may, within

one hundred and twenty days after receipt of

written notice of such secretarial determination, contest the secretarial determination in

any naturalization court for the area in which

said member resides by filing therein a petition

having that purpose; the burden shall thereupon

devolve upon the Secretary to show cause why

such member should not conduct his own affairs,

and the decision of such court shall be final and

conclusive with respect to the affected member’s

conduct of his affairs.

(Aug. 13, 1954, ch. 732, §15, 68 Stat. 722; Pub. L.

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

AMENDMENTS

1957—Pub. L. 85–132 inserted provisions allowing Secretary to act without application from member to create a trust or purchase an annuity for such member, by

setting out factors for determination by Secretary before he declares a member to be in need of assistance,

and by providing for contest of such secretarial determination by member.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 565a of this title.

§ 564o. 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 United States Treasury to the credit of the

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. 732, §16, 68 Stat. 722.)

§ 564p. 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. 732, §17, 68 Stat. 722.)

§ 564q. 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 the 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 and, except as otherwise provided in this subchapter, all statutes of the

United States which affect Indians because of

their status as Indians 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 the tribe as citizens of

the United States.

(Aug. 13, 1954, ch. 732, §18, 68 Stat. 722.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 564l, 564m, 564r,

564w of this title.

§ 564r. Termination of Federal powers over tribe

Effective on the date of the proclamation provided for in section 564q of this title, all powers

of the Secretary or other officer of the United

States to take, review, or approve any action

under the constitution and bylaws of the tribe

are terminated. Any powers conferred upon the

tribe by such constitution which are inconsistent with the provisions of this subchapter are

terminated. Such termination shall not affect

the power of the tribe to take any action under

its constitution and bylaws that is consistent

with this subchapter without the participation

of the Secretary or other officer of the United

States.

(Aug. 13, 1954, ch. 732, §19, 68 Stat. 722.)

§ 564s. Set off of individual indebtedness; credit

The Secretary is authorized to set off against

any indebtedness payable to the tribe or to the

United States by an individual member of the

tribe or payable to the United States by the

tribe, any funds payable to such individual or

tribe under this subchapter and to deposit the

amounts set off to the credit of the tribe or the

United States as the case may be.

(Aug. 13, 1954, ch. 732, §20, 68 Stat. 723.)

§ 564t. Indian claims unaffected

Nothing contained in this subchapter shall deprive the tribe or its constituent parts of any