§ 564g TITLE 25—INDIANS Page 214

(Aug. 13, 1954, ch. 732, §7, 68 Stat. 720.)

§ 564g. Individual property

(a) Transfer of unrestricted control

The Secretary is authorized and directed to

transfer within four years from August 13, 1954,

to each member of the tribe unrestricted control

of funds or other personal property held in trust

for such member by the United States.

(b) Removal of restrictions on sales or encumbrances; fee simple title

All restrictions on the sale or encumbrance of

trust or restricted interests in land, wherever located, owned by members of the tribe (including

allottees, purchasers, heirs, and devisees, either

adult or minor), and on trust or restricted interests in land within the Klamath Indian Reservation, regardless of ownership, are removed four

years after August 13, 1954, and the patents or

deeds under which titles are then held shall pass

the titles in fee simple, subject to any valid encumbrances. The titles to all interests in trust

or restricted land acquired by members of the

tribe by devise or inheritance four years or more

after August 13, 1954, shall vest in such members

in fee simple, subject to any valid encumbrance.

(c) Multiple land ownership; partition; sale; election to purchase; unlocated owners

Prior to the time provided in subsection (b) of

this section for the removal of restrictions on

land owned by one or by more than one member

of a tribe, the Secretary may—

(1) upon request of any of the owners, partition the land and issue to each owner a patent

or deed for his individual share that shall become unrestricted four years from August 13,

1954;

(2) upon request of any of the owners, and a

finding by the Secretary that partition of all

or any part of the land is not practicable,

cause all or any part of the land to be sold at

not less than the appraised value thereof and

distribute the proceeds of sale to the owners:

Provided, That any one or more of the owners

may elect before a sale to purchase the other

interests in the land at not less than the appraised value thereof, and the purchaser shall

receive an unrestricted patent or deed to the

land; and

(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.

(d) Approval of exchanges or sales by Secretary

The Secretary is authorized to approve—

(1) the exchange of trust or restricted land

between the tribe and any of its members;

(2) the sale by the tribe of tribal property to

individual members of the tribe; and

(3) the exchange of tribal property for real

property in fee status. Title to all real property included in any sale or exchange as provided in this subsection shall be conveyed in

fee simple.

(Aug. 13, 1954, ch. 732, §8, 68 Stat. 720; Pub. L.

85–132, §1(h), (i), Aug. 14, 1957, 71 Stat. 348; Pub.

L. 85–731, §11, Aug. 23, 1958, 72 Stat. 819.)

AMENDMENTS

1958—Subsec. (b). Pub. L. 85–731 struck out provision

making subsection inapplicable to subsurface rights

and directing Secretary to transfer subsurface rights to

trustees for management for a period not less than ten

years.

1957—Subsec. (b). Pub. L. 85–132, §1(i), substituted

‘‘interests in land, wherever located’’ for ‘‘land’’, and

inserted ‘‘purchasers’’ and ‘‘and on trust or restricted

interests in land within the Klamath Reservation regardless of ownership’’ preceding proviso.

Subsec. (c). Pub. L. 85–132, §1(h), inserted ‘‘one or by’’

after ‘‘on land owned by’’.

§ 564h. Property of deceased members

(a) Federal laws inapplicable 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 tribe 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 tribe who die six months

or more after August 13, 1954.

(Aug. 13, 1954, ch. 732, §9(a), (b), 68 Stat. 720, 721.)

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.

CODIFICATION

Section is comprised of subsecs. (a) and (b) of section

9 of act Aug. 13, 1954. Subsection (c) of section 9 repealed section 555 of this title.

§ 564i. Transfer of federally owned property

The Secretary is authorized, in his discretion,

to transfer to the 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 tribe 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 tribe will derive benefit.

(Aug. 13, 1954, ch. 732, §10, 68 Stat. 721.)

§ 564j. 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 distribu-