dreamproit/uscode huggingface dataset:
25 U.S.C. § 677u (INDIANS)
§ 677u. Protection of minors, persons non compos mentis, and other members needing assistance; guardians
For the purposes 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 such means as he may deem adequate, but appointment of guardians pursuant to State laws, in any case, shall not be required until Federal supervision has terminated.
(Aug. 27, 1954, ch. 1009, § 22, 68 Stat. 877.)
25 U.S.C. § 677v (INDIANS)
§ 677v. Termination of Federal trust; publication; termination of Federal services; application of Federal and State laws
Upon removal of Federal restrictions on the property of each individual mixed-blood member of the tribe, the Secretary shall publish in the Federal Register a proclamation declaring that the Federal trust relationship to such individual is terminated. Thereafter, such individual shall not be entitled to any of the services performed for Indians because of his status as an Indian. All statutes of the United States which affect Indians because of their status as Indians shall no longer be applicable to such member over which supervision has been terminated, and the laws of the several States shall apply to such member in the same manner as they apply to other citizens within their jurisdiction.
(Aug. 27, 1954, ch. 1009, § 23, 68 Stat. 877.)
25 U.S.C. § 677w (INDIANS)
§ 677w. Presentation of development program for full-blood group to eventually terminate Federal supervision
Within three months after August 27, 1954, the business committee of the tribe representing the full-blood group thereof shall present to the Secretary a development program calculated to assist in making the tribe and the members thereof selfsupporting, without any special Government assistance, with a view of eventually terminating all Federal supervision of the tribe and its members.
(Aug. 27, 1954, ch. 1009, § 24, 68 Stat. 877; Pub. L. 93–608, § 1(15), Jan. 2, 1975, 88 Stat. 1969.)
heading: Amendments
text: 1975—Pub. L. 93–608 struck out requirement of an annual progress report, through the Secretary, by the tribal business committee representing the full-blood group.
25 U.S.C. § 677y (INDIANS)
§ 677y. 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. 27, 1954, ch. 1009, § 26, 68 Stat. 877.)
25 U.S.C. § 677z (INDIANS)
§ 677z. Rules and regulations; tribal or group referenda
The Secretary is authorized to issue rules and regulations necessary to effectuate the purposes of this subchapter, and may, in his discretion, provide for tribal or group referenda on matters pertaining to management or disposition of tribal or group assets.
(Aug. 27, 1954, ch. 1009, § 27, 68 Stat. 878.)
25 U.S.C. § 677aa (INDIANS)
§ 677aa. Procedure by Secretary upon non-agreement between mixed-blood and full-blood groups
Whenever any action pursuant to the provisions of this subchapter requires the agreement of the mixed-blood and full-blood groups and such agreement cannot be reached, the Secretary is authorized to proceed in any manner deemed by him to be in the best interests of both groups.
(Aug. 27, 1954, ch. 1009, § 28, 68 Stat. 878.)
25 U.S.C. § 681 (INDIANS)
§ 681. Per capita payment to tribal members; rules and regulations
The Secretary of the Interior is authorized to withdraw as much as may be necessary from the fund on deposit in the Treasury of the United States arising from the proceeds of the sale of timber and lumber within the Red Lake Reservation in Minnesota, according to the provisions of the Act of May 18, 1916 (39 Stat. 137), to the credit of the Red Lake Indians in Minnesota, and to pay therefrom $100 to each member of the Red Lake Band of Chippewa Indians of Minnesota who is living on June 19, 1952. Such payment shall be made under such rules and regulations as the Secretary of the Interior may prescribe: Provided, That such payment shall be made first from any funds on deposit in the Treasury of the United States to the credit of the Red Lake Band of the Chippewa Indians, of Minnesota, drawing interest at the rate of 5 per centum and thereafter from funds drawing 4 per centum.
(June 19, 1952, ch. 445, § 1, 66 Stat. 139.)
heading: References in Text
text: Act of May 18, 1916, referred to in text, is act May 18, 1916, ch. 125, 39 Stat. 123. Provisions of the act relating to the sale of timber are set out at 39 Stat. 137 and were not classified to the Code.
25 U.S.C. § 682 (INDIANS)
§ 682. Payment free of liens or claims
No money paid to Indians under sections 681 to 683 of this title shall be subject to any lien or claim of attorneys or other persons. Before any payment is made under said sections, the Red Lake Band of Chippewa Indians of Minnesota shall, in such manner as may be prescribed by the Secretary of the Interior, ratify and accept the provisions of said sections.
(June 19, 1952, ch. 445, § 2, 66 Stat. 139.)
25 U.S.C. § 683 (INDIANS)
§ 683. Payments not “other income and resources”
Payments made under sections 681 to 683 of this title shall not be held to be “other income and resources” as that term is used in sections 302(a)(7), 602(a)(7),1 and 1202(a)(8) of title 42.
(June 19, 1952, ch. 445, § 3, 66 Stat. 140.)
heading: References in Text
text: Section 602 of title 42, referred to in text, was repealed and a new section 602 enacted by Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2112, and, as so enacted, subsec. (a)(7) no longer contains the term “other income and resources”.
25 U.S.C. § 684 (INDIANS)
§ 684. Per capita payment to tribal members; installments; rules and regulations
The Secretary of the Interior is authorized to withdraw as much as may be necessary from the fund on deposit in the Treasury of the United States arising from the proceeds of the sale of timber and lumber within the Red Lake Reservation in Minnesota, according to the provisions of the Act of May 18, 1916 (39 Stat. 137), to the credit of the Red Lake Indians in Minnesota, and to pay therefrom $50 to each member of the Red Lake Band of Chippewa Indians of Minnesota who is living on August 27, 1954. Such payment shall be made in two installments of $25 each, the first to be made within thirty days of ratification by the Red Lake Band of Chippewa Indians of Minnesota as provided for in section 685 of this title, the second installment ninety days thereafter, and under such other rules and regulations as the Secretary of the Interior may prescribe.
(Aug. 27, 1954, ch. 1011, § 1, 68 Stat. 878.)
heading: References in Text
text: Act of May 18, 1916, referred to in text, is act May 18, 1916, ch. 125, 39 Stat. 123. Provisions of the act relating to sale of timber are set out at 39 Stat. 137 and were not classified to the Code.
25 U.S.C. § 685 (INDIANS)
§ 685. Payment free of liens or claims
No money paid to Indians under sections 684 to 686 of this title shall be subject to any lien or claim of attorneys or other persons. Before any payment is made under said sections, the Red Lake Band of Chippewa Indians of Minnesota shall, in such manner as may be prescribed by the Secretary of the Interior, ratify and accept the provisions of said sections.
(Aug. 27, 1954, ch. 1011, § 2, 68 Stat. 879.)
25 U.S.C. § 686 (INDIANS)
§ 686. Payments not “other income and resources”
Payments made under sections 684 to 686 of this title shall not be held to be “other income and resources” as that term is used in sections 302(a)(7), 602(a)(7),1 and 1202(a)(8) of title 42.
(Aug. 27, 1954, ch. 1011, § 3, 68 Stat. 879.)
heading: References in Text
text: Section 602 of title 42, referred to in text, was repealed and a new section 602 enacted by Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2112, and, as so enacted, subsec. (a)(7) no longer contains the term “other income and resources”.
25 U.S.C. § 689 (INDIANS)
§ 689. Payments not “other income and resources”
Payments made under sections 687 to 689 of this title shall not be held to be “other income and resources” as that term is used in sections 302(a)(7), 602(a)(7),1 and 1202(a)(8) of title 42.
(Pub. L. 85–794, § 3, Aug. 28, 1958, 72 Stat. 958.)
heading: References in Text
text: Section 602 of title 42, referred to in text, was repealed and a new section 602 enacted by Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2112, and, as so enacted, subsec. (a)(7) no longer contains the term “other income and resources”.
25 U.S.C. § 690 (INDIANS)
§ 690. Distribution of judgment fund; tax exemption of per capita payments
The funds on deposit in the Treasury of the United States to the credit of the Red Lake Band of Chippewa Indians that were appropriated by the Act of June 9, 1964, to pay a judgment by the Indian Claims Commission in docket 18A, and the interest thereon, after payment of attorney fees and expenses, may be advanced or expended for any purpose that is authorized by the tribal governing body and approved by the Secretary of the Interior. Any part of such funds that may be distributed per capita to the members of the tribe shall not be subject to Federal or State income tax.
(Pub. L. 88–663, Oct. 13, 1964, 78 Stat. 1093.)
heading: References in Text
text: Act of June 9, 1964, referred to in text, is act June 9, 1964, Pub. L. 88–317, 78 Stat. 204, which was not classified to the Code.
The Indian Claims Commission, referred to in text, terminated Sept. 30, 1978. See Codification note set out under former section 70 et seq. of this title.
25 U.S.C. § 691 (INDIANS)
§ 691. Purpose
The purpose of this subchapter is to provide for the termination of Federal supervision over the trust and restricted property of certain tribes and bands of Indians located in western Oregon and the individual members thereof, for the disposition of federally owned property acquired or withdrawn for the administration of the affairs of such Indians, and for a termination of Federal services furnished such Indians because of their status as Indians.
(Aug. 13, 1954, ch. 733, § 1, 68 Stat. 724.)
heading: Repeal of Inconsistent Laws
text: Act Aug. 13, 1954, ch. 733, § 19, 68 Stat. 728, provided that: “All Acts or parts of Acts inconsistent with this Act [this subchapter] are hereby repealed insofar as they affect a tribe or its members. The Act of June 18, 1934 (48 Stat. 948), as amended by the Act of June 15, 1935 (49 Stat. 378) [section 461 et seq. of this title], shall not apply to a tribe and its members after the date of the proclamation provided for in section 13 of this Act [section 703 of this title].”
heading: Separability
text: Act Aug. 13, 1954, ch. 733, § 20, 68 Stat. 728, 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 [this subchapter] and the application of such provision to other persons or circumstances shall not be affected thereby.”
heading: Restoration of Federal Supervision
text: Federal supervision over certain tribes and bands of Indians has been restored as follows:
Confederated Tribes of Siletz Indians of Oregon, see section 711 et seq. of this title.
Cow Creek Bank of Umpqua Tribe of Oregon, see section 712 et seq. of this title.
Confederated Tribes of the Grand Ronde Community of Oregon, see section 713 et seq. of this title.
Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians, see section 714 et seq. of this title.
Coquille Indian Tribe of Oregon, see section 715 et seq. of this title.
25 U.S.C. § 692 (INDIANS)
§ 692. Definitions
For the purposes of this subchapter:
(a) “Tribe” means any of the tribes, bands, groups, or communities of Indians located west of the Cascade Mountains in Oregon, including the following: Confederated Tribes of the Grand Ronde Community, Confederated Tribes of Siletz Indians, Alsea, Applegate Creek, Calapooya, Chaftan, Chempho, Chetco, Chetlessington, Chinook, Clackamas, Clatskanie, Clatsop, Clowwewalla, Coos, Cow Creek, Euchees, Galic Creek, Grave, Joshua, Karok, Kathlamet, Kusotony, Kwatami or Sixes, Lakmiut, Long Tom Creek, Lower Coquille, Lower Umpqua, Maddy, Mackanotin, Mary’s River, Multnomah, Munsel Creek, Naltunnetunne, Nehalem, Nestucca, Northern Molalla, Port Orford, Pudding River, Rogue River, Salmon River, Santiam, Scoton, Shasta, Shasta Costa, Siletz, Siuslaw, Skiloot, Southern Molalla, Takelma, Tillamook, Tolowa, Tualatin, Tututui, Upper Coquille, Upper Umpqua, Willamette Tumwater, Yamhill, Yaquina, and Yoncalla;
(b) “Secretary” means the Secretary of the Interior.
(c) “Lands” means real property interest therein, or improvements thereon, and includes 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.
(Aug. 13, 1954, ch. 733, § 2, 68 Stat. 724.)
25 U.S.C. § 693 (INDIANS)
§ 693. Membership roll; preparation and initial publication; eligibility for enrollment; appeal from inclusion or omission from roll; finality of determination; final publication
Within ninety days after August 13, 1954, the Secretary shall publish in the Federal Register (1) a list of those tribes for which membership rolls will be required for the purposes of this subchapter, and (2) a list of those tribes for which no membership rolls will be required for the purposes of this subchapter. Each tribe on each list shall have a period of six months from the date of publication of the notice 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. In the absence of applicable law, or eligibility requirements in an approved constitution, bylaws, or membership ordinance, eligibility for enrollment shall be determined under such rules and regulations as the Secretary may prescribe. No person shall be enrolled on more than one tribal roll prepared pursuant to this subchapter. If a tribe on list one 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. 733, § 3, 68 Stat. 724.)
25 U.S.C. § 694 (INDIANS)
§ 694. Personal property rights; restrictions
Upon publication in the Federal Register of the final roll as provided in section 693 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 695 of this title without the approval of the Secretary. Any contract made in violation of this section shall be null and void.
(Aug. 13, 1954, ch. 733, § 4, 68 Stat. 725.)
25 U.S.C. § 695 (INDIANS)
§ 695. Tribal property
(a) Procedure for transfer
Upon request of a tribe, the Secretary is authorized within two years from August 13, 1954, to transfer to a corporation or other legal entity organized by the tribe in a form satisfactory to the Secretary title to all or any part of the tribal property, real and personal, or to transfer to one or more trustees designated by the tribe and approved by the Secretary, title to all or any part of such property to be held in trust for management or liquidation purposes under such terms and conditions as may be specified by the tribe and approved by the Secretary, or to sell all or any part of such property and make a pro rata distribution of the proceeds of sale among the members of the tribe after deducting, in his discretion, reasonable costs of sale and distribution.
(b) Property not transferred in accordance with recognized procedure; election to retain property
Title to any tribal property that is not transferred in accordance with the provisions of subsection (a) of this section shall be transferred by the Secretary to one or more trustees designated by him for the liquidation and distribution of assets among the members of the tribe under such terms and conditions as the Secretary may prescribe: Provided, That the trust agreement shall provide for the termination of the trust not more than three years from the date of such transfer unless the term of the trust is extended by order of a judge of a court of record designated in the trust agreement: Provided further, That the trust agreement shall provide that at any time before the sale of tribal property by the trustees the tribe may notify the trustees that it elects to retain such property and to transfer title thereto to a corporation, other legal entity, or trustee in accordance with the provisions of subsection (a) of this section, and that the trustees shall transfer title to such property in accordance with the notice from the tribe if it is approved by the Secretary.
(c) Compensation of agents or attorneys
The Secretary shall not approve any form of organization pursuant to subsection (a) of this section that provides for the transfer of stock or an undivided share in corporate assets as compensation for the services of agents or attorneys unless such transfer is based upon an appraisal of tribal assets that is satisfactory to the Secretary.
(d) Selection of trustees; approval by Secretary
When approving or disapproving the selection of trustees in accordance with the provisions of subsection (a) of this section, and when designating trustees pursuant to subsection (b) of this section, the Secretary shall give due regard to the laws of the State of Oregon that relate to the selection of trustees.
(Aug. 13, 1954, ch. 733, § 5, 68 Stat. 725.)
25 U.S.C. § 696 (INDIANS)
§ 696. Individual property
(a) Transfer of unrestricted control
The Secretary is authorized and directed to transfer within two years after August 13, 1954 to each member of each 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 land owned by members of the tribes (including allottees, purchasers, heirs, and devisees, either adult or minor) are removed two 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 encumbrance. The titles to all interests in trust or restricted land acquired by members of the tribes by devise or inheritance two 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 (d) 1 of this section for the removal of restrictions on land owned 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 two 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.
(Aug. 13, 1954, ch. 733, § 6, 68 Stat. 725.)
25 U.S.C. § 697 (INDIANS)
§ 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.)
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.
25 U.S.C. § 698 (INDIANS)
§ 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.)
25 U.S.C. § 699 (INDIANS)
§ 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.)