dreamproit/uscode huggingface dataset:
25 U.S.C. § 510 (INDIANS)
§ 510. Payment of gross production taxes; method
Whenever restricted Indian lands in the State of Oklahoma are subject to gross production tax on minerals, including oil and gas, the Secretary of the Interior, in his discretion, may cause such tax or taxes due the State of Oklahoma to be paid in the manner provided for by the statutes of the State of Oklahoma.
(Aug. 25, 1937, ch. 772, 50 Stat. 806.)
heading: Codification
text: This section was not enacted as part of act June 26, 1936, ch. 831, 49 Stat. 1967, which comprises this subchapter.
25 U.S.C. § 530 (INDIANS)
§ 530. Capital reserve fund; interest for administrative expenses
The Secretary of the Interior shall cause to be established on the books of the Treasury, out of any unobligated tribal funds of the Indians of the Klamath Reservation in Oregon (hereinafter referred to as the “Klamath Indians”) on deposit in the Treasury of the United States, a capital reserve fund for said Klamath Indians. Such fund shall be created by setting aside the sum of $50,000 for the fiscal year 1937, and shall be augmented by additions of $50,000 for each fiscal year thereafter. Such fund shall be held in the Treasury of the United States and shall bear interest as provided by law. The interest upon such fund shall be used, insofar as it is sufficient, for the payment of the expenses of administration of the Klamath Indian Reservation in Oregon.
(Aug. 28, 1937, ch. 874, § 1, 50 Stat. 872.)
25 U.S.C. § 531 to 535 (INDIANS)
§§ 531 to 535. Repealed. Aug. 13, 1954, ch. 732, § 12, 68 Stat. 721
text: Sections 531 to 535, act Aug. 28, 1937, ch. 874, §§ 2–6, 50 Stat. 872, 873, related to revolving loan fund. See section 564 et seq. of this title.
heading: Effective Date of Repeal
text: Act Aug. 13, 1954, ch. 732, § 12, 68 Stat. 721, provided that the repeal is effective on the date of the transfer of title to tribal property to a trustee, corporation, or other legal entity pursuant to section 564e of this title.
25 U.S.C. § 542 (INDIANS)
§ 542. Limitations on remainder of fund
After the segregation provided for in section 541 of this title shall have been made, the remainder of such judgment fund, including interest, shall be available for expenditure subject to the following limitations and conditions:
(a) Repealed. Aug. 13, 1954, ch. 732, § 12, 68 Stat. 721.
(b) Three hundred and seventy-five thousand dollars for immediate payment in a lump sum of $1,500 to each adult unallotted Indian found to be entitled to payment in lieu of allotment, as authorized in the Act of June 1, 1938 (52 Stat. 605) [25 U.S.C. 551 et seq.]: Provided, That the amount due any minor under the provisions of said subchapter shall be withheld until he becomes an adult, as herein defined, when it shall be paid to him in a lump sum from any funds, principal, or interest, on deposit to the credit of the Klamath Tribe, and section 2 of said Act of June 1, 1938 [25 U.S.C. 552], is amended accordingly.
(c) Such moneys as shall remain in the principal fund shall be transferred to and become a part of the capital reserve fund created by section 530 of this title.
(Aug. 7, 1939, ch. 552, § 2, 53 Stat. 1253; Aug. 13, 1954, ch. 732, § 12, 68 Stat. 721.)
heading: References in Text
text: Act of June 1, 1938, referred to in subsec. (b), is act June 1, 1938, ch. 310, 52 Stat. 605, as amended, which is classified generally to subchapter XI (§ 551 et seq.) of this chapter. For complete classification of this Act to the Code, see Tables.
heading: Amendments
text: 1954—Subsec. (a). Act Aug. 13, 1954, repealed subsec. (a) which related to transfer of funds.
heading: Effective Date of 1954 Amendment
text: Act Aug. 13, 1954, ch. 732, § 12, 68 Stat. 721, provided that the amendment made by that section is effective on the date of the transfer of tribal property to a trustee, corporation, or other legal entity pursuant to section 564e of this title.
25 U.S.C. § 543 (INDIANS)
§ 543. Liability of judgment funds for debts
In no event shall any portion of the said judgment fund become liable, payable, or subject to any debt or debts contracted prior to the passage of this subchapter by any Indian of the Klamath Tribe except debts to the United States or to the tribe.
(Aug. 7, 1939, ch. 552, § 3, 53 Stat. 1253.)
25 U.S.C. § 545 (INDIANS)
§ 545. Liability of judgment funds for debts
In no event shall any portion of the funds directed to be credited and paid become liable, payable, or subject to any debt or debts contracted prior to the passage of this section and section 544 of this title by any Indian of the Klamath Tribe, except debts to the United States or to the tribe.
(Mar. 29, 1948, ch. 160, § 3, 62 Stat. 93.)
heading: Codification
text: This section was not enacted as part of act Aug. 7, 1939, ch. 552, 53 Stat. 1252, which comprises this subchapter.
25 U.S.C. § 551 (INDIANS)
§ 551. “Klamath Tribe” defined
As used in this subchapter the term “Klamath Tribe” includes the members of the Klamath and Modoc Tribes and the Yahooskin Band of Snakes and all other Indians having rights on the Klamath Indian Reservation in the State of Oregon.
(June 1, 1938, ch. 310, § 1, 52 Stat. 605.)
25 U.S.C. § 552 (INDIANS)
§ 552. Payments in lieu of allotments
Each enrolled member of the Klamath Tribe living on June 1, 1938, who has not received an allotment of land shall be paid the sum of $1,500 from unobligated Klamath tribal funds on deposit in the Treasury of the United States, under such rules and regulations as the Secretary of the Interior shall prescribe, in installments of not to exceed $300 per annum: Provided, That no member of the Klamath Tribe who shall not be enrolled within one year from June 1, 1938, shall receive a payment in lieu of allotment. No member of the Klamath Tribe born after June 1, 1938, shall be entitled to receive any allotment of land or money payment in lieu thereof.
(June 1, 1938, ch. 310, § 2, 52 Stat. 605.)
25 U.S.C. § 553 (INDIANS)
§ 553. Deposit and expenditure of payments
The payments herein authorized shall be deposited to the credit of the individual Indian money accounts of such Indians subject to expenditure by such Indians, under such rules and regulations as the Secretary of the Interior may prescribe for (1) industrial and agricultural assistance, and the construction and improvement of homes, including the purchase of land and interests in land, building material, farming equipment, industrial equipment, trucks, livestock, feed, food, seed, tools, machinery, implements, household goods, bedding, clothing, and any other equipment or supplies necessary to enable the Indians to fit themselves for or to engage in the farming, livestock industry, or such other industrial or agricultural pursuits or avocations as will enable them to become self-supporting; (2) the educational advancement of such Indians; (3) financial assistance in cases of illness, death, or other emergency; (4) the repayment of reimbursable debts previously contracted; or (5) security for or the repayment of loans made to such Indians from any Klamath revolving loan fund now existent or which shall hereafter be created.
(June 1, 1938, ch. 310, § 3, 52 Stat. 605.)
heading: References in Text
text: Herein, referred to in text, means act June 1, 1938, which comprises this subchapter. For complete classification of this Act to the Code, see Tables.
25 U.S.C. § 554 (INDIANS)
§ 554. Disposition of payment on death of Indian
In the event of the death of any such Indian entitled to receive a payment in lieu of allotment after June 1, 1938, any unexpended balance of said $1,500 still due the decedent shall first be applied to the repayment of any loans received by such Indian from the United States or from the Klamath Tribal funds, and the balance thereafter shall be distributed as personal property.
(June 1, 1938, ch. 310, § 4, 52 Stat. 606.)
25 U.S.C. § 555 (INDIANS)
§ 555. Repealed. Aug. 13, 1954, ch. 732, § 9(c), 68 Stat. 721
text: Section, act June 1, 1938, ch. 310, § 5, 52 Stat. 606, related to devise of restricted or trust property and is now covered by section 564h of this title.
25 U.S.C. § 556 (INDIANS)
§ 556. Reversion of interest in property on death without heirs or devisees
If any enrolled member of the Klamath Tribe dies without lawful heirs or devises,1 all interest which such member has in any restricted or trust property within the Klamath Reservation shall revert to and become part of the common tribal property.
(June 1, 1938, ch. 310, § 6, 52 Stat. 606.)
25 U.S.C. § 561, 562 (INDIANS)
§§ 561, 562. Omitted
heading: Codification
text: Sections, which related to fees for general services and medical services, were from the Interior Department Appropriation Act, 1946, July 3, 1945, ch. 262, § 1, 59 Stat. 334, and were not repeated in the Interior Department Appropriation Act of 1947, July 1, 1946, ch. 529, 60 Stat. 348.
25 U.S.C. § 563 (INDIANS)
§ 563. Salaries and expenses for Klamath Tribe Officials
The Secretary of the Interior, or such official as may be designated by him, is authorized, until otherwise directed by Congress, to advance to the tribe or to pay out of any unobligated tribal funds of the Klamath Indians in the Treasury of the United States salaries and expenses of tribal officials or representatives (except the Klamath Loan Fund Board) at rates and/or limitations designated in advance by the Klamath General Council, or any governing body to which it may delegate such authority, and approved by the Secretary of the Interior: Provided, That the length of stay of representatives serving the tribe at the seat of government shall be determined by the Secretary of the Interior.
(May 29, 1953, ch. 86, § 1, 67 Stat. 40.)
heading: Prior Provisions
text: A prior section 563, acts June 25, 1938, ch. 710, 52 Stat. 1207; Aug. 7, 1939, ch. 519, 53 Stat. 1244; May 15, 1945, ch. 123, 59 Stat. 167, provided for payment of salaries and expenses of Klamath Tribe officials out of tribal funds but limited the amount of such expenditures to $15,000 per annum, prior to repeal by act May 29, 1953, § 2, 67 Stat. 40.
25 U.S.C. § 564 (INDIANS)
§ 564. Purpose
The purpose of this subchapter is to provide for the termination of Federal supervision over the trust and restricted property of the Klamath Tribe of Indians consisting of the Klamath and Modoc Tribes and the Yahooskin Band of Snake Indians, and of the individual members thereof, for the disposition of federally owned property acquired or withdrawn for the administration of the affairs of said Indians, and for a termination of Federal services furnished such Indians because of their status as Indians.
(Aug. 13, 1954, ch. 732, § 1, 68 Stat. 718.)
heading: Revolving Fund: Interest-Free Loans to Klamath Indians; Refinancing Lending Agency Loans
text: Pub. L. 86–40, June 11, 1959, 73 Stat. 70, provided: “That the Secretary of the Interior is authorized to make loans, without interest, from the revolving fund authorized by the Acts of June 18, 1934 (48 Stat. 986; 25 U.S.C. 470), and June 26, 1936 (49 Stat. 1968; 25 U.S.C. 506), as amended and supplemented, to members of the Klamath Tribe of Indians who elected to withdraw from the tribe pursuant to the Act of August 13, 1954 (68 Stat. 718; 25 U.S.C. 564), as amended, regardless of the degree of Indian blood of the borrower, and to collect such 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.”
heading: Indian Revolving Loan Fund
text: Certain funds to be administered as a single Indian Revolving Loan Fund after Apr. 12, 1974, see section 1461 of this title.
heading: Repeals; Recoupment of Funds Expended for Klamath County School Board
text: Act Aug. 13, 1954, ch. 732, § 24, 68 Stat. 723, 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.”
heading: Separability
text: Act Aug. 13, 1954, ch. 732, § 25, 68 Stat. 723, 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.”
25 U.S.C. § 564a (INDIANS)
§ 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.)
heading: Amendments
text: 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.
25 U.S.C. § 564b (INDIANS)
§ 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.)
25 U.S.C. § 564c (INDIANS)
§ 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.)
heading: Amendments
text: 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.
heading: Revolving Fund: Interest-Free Loans to Klamath Indians; Refinancing Lending Agency Loans
text: 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.
25 U.S.C. § 564e (INDIANS)
§ 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.)
heading: Amendments
text: 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”.
heading: Deferral of Time for Sales of Tribal Property
text: Act Aug. 13, 1954, ch. 732, § 27, as added by Pub. L. 85–132, § 1(a), Aug. 14, 1957, 71 Stat. 347, 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.”
25 U.S.C. § 564f (INDIANS)
§ 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.
(Aug. 13, 1954, ch. 732, § 7, 68 Stat. 720.)
25 U.S.C. § 564h (INDIANS)
§ 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.)
heading: References in Text
text: Act of June 25, 1910, referred to in subsec. (a), is act June 25, 1910, ch. 431, 36 Stat. 855, which enacted sections 47, 93, 151, 202, 337, 344a, 351, 352, 353, 372, 403, 406, 407, and 408 of this title, section 6a–1 of former 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 restated as sections 1853 and 1856 of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, 62 Stat. 683. Section 6a–1 of former Title 41 was repealed and restated as section 6102(e) of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. 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.
heading: Codification
text: 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.
25 U.S.C. § 564i (INDIANS)
§ 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.)
25 U.S.C. § 564j (INDIANS)
§ 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 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. 732, § 11, 68 Stat. 721.)
heading: All Amounts Realized From Condemnation of Certain Forest Lands Held in Trust
text: Pub. L. 94–81, § 1, Aug. 9, 1975, 89 Stat. 417, as amended by Pub. L. 96–596, § 5(a), Dec. 24, 1980, 94 Stat. 3476; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided:
“That, for purposes of the Internal Revenue Code of 1986 [formerly I.R.C. 1954, Title 26, Internal Revenue Code], all amounts realized by the trust from the condemnation, pursuant to Public Law 93–102 [section 564w–2 of this title], of the Klamath Indian forest lands held by the trustee for the Klamath Indian Tribe—
“(1) shall be excluded from the gross income of the trust, and
“(2) on the distribution from the trust of the proceeds of such condemnation, shall be excluded from the gross income of each person receiving such distribution.”
Pub. L. 96–596, § 5(b), Dec. 24, 1980, 94 Stat. 3476, provided that: “The amendment made by subsection (a) [amending section 1 of Pub. L. 94–81, set out above] shall apply to all amounts whether received before, on, or after the date of the enactment of this Act [Dec. 24, 1980].”