An Act to provide for the termination of Federal supervision over the property of the Klamath Tribe of Indians located in the State of Oregon and the individual members thereof, and for other purposes
PL 83-588 (S.2746), enacted 08/13/1954

724 
PUBLIC LAW 588-AUG. 13, 1954 
[68 S T A T . 
August 13, 1954 
[S. 2746] 
Public Law 588 
CHAPTER 733 
AN ACT 
To provide for the termination of Federal supervision over the property of 
certain tribes and bands of Indians located in western Oregon and the indi-
vidual members thereof, and for other purposes. 
Oregon Indians. 
Termination 
o f 
F e d e r a l 
super -
vision. 
Definitions. 
Tribal lists. 
Public at i o n in 
FR. 
Proposed rolls. 
Pu b 1 i c a tion i n 
FR. 
Appeals. 
Be it enmted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the purpose 
of this Act 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withdrawn for the administration of the affairs of such Indians, and 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. 
SEC. 2. For the purposes of this Act: 
(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, Cala-
pooya, Chaftan, Chempho, Chetco, Chetlessington, Chinook, Clacka-
mas, 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, Nal-
tunnetunne, Nehalem, Nestucca, Northern Molalla, Port Orford, Pud-
ding River, Rogue River, Salmon River, Santiam, Scoton, Shasta, 
Shasta Costa, Siletz, Siuslaw, Skiloot, Southern Molalla, Takelma, 
Tillamook, Tolowa, Tualatin, Tututui, Upper Coquille, Upper Ump-
qua, Willamette Tumwater, Yamhill, Yaquina, and Yoncalla; 
(b) "Secretary" means the Secretary of the Interior, 
(c) "Lands" means real property, interest therein, or improve-
ments thereon, and includes water rights. 
(d) "Tribal property" means any real or personal property, includ-
ing 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. 
SEC. 3. Within ninety days after the date of this Act, the Secretary 
shall publish in the Federal Register (1) a list of those tribes for 
w^hich membership rolls will be required for the purposes of this Act, 
and (2) a list of those tribes for which no membership rolls will be 
required for the purposes of this Act. 
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 the date of this Act, 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 deter-
mined under such rules and regulations as the Secretary may prescribe. 
No person shall be enrolled on more than one tribal roll prepared pur-
suant to this Act. 
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. 
68 S T A T . ] 
PUBLIC LAW 588-AUG. 13, 1954 
721) 
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 Act. 
SEC, 4. Upon publication in the Federal Register of the final roll as 
provided in section 3 of this Act, 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 5 
of this Act without the approval of the Secretary. Any contract made 
in violation of this section shall be null and void. 
SEC. 5. (a) Upon request of a tribe, the Secretary is authorized 
within two years from the date of this Act 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 per-
sonal, 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 prop-
erty 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) Title to any tribal property that is not transferred in accordance 
with the provisions of subsection (a) of this section shall be trans-
ferred by the Secretary to one or more trustees designated by him 
for the liquidation and distribution of assets among tlie members of 
the tribe under such terms and conditions as the Secretary may pre-
scribe: 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: Pro-
vided 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 accord-
ance 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) The Secretary shall not approve any form of organization pur-
suant 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) When approving or disapproving the selection of trustees m 
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. 
SEC. 6. (a) The Secretary is authorized and directed to transfer 
within two years after the date of this Act 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) 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 hereby removed two 
years after the date of this Act and the patents or deeds under which 
titles are then held shall pass the titles in fee simple, subject to any 
Final roll. 
Public at ion in 
FR. 
Personal prop-
erty rights. 
Tribal property. 
P r o c e d u r e for 
transfer. 
A g e n t s or at-
torneys. 
Trustees. 
Property of in-
dividuals. 
Trust r e s t r i c-
tions, etc. 
Removal, 
726 
PUBLIC LAW 588-AUG. 13, 1954 
[68 S T A T . 
Land partition. 
Sale. 
P u r e h a s e 
b y 
owners. 
Unlocated own-
ers. 
Deposit of pro-
ceeds. 
25 u s e 373. 
Deceased mem-
bers. 
Probate of will, 
etc. 
F e der a l l and 
transfer. 
Taxes. 
G u a r d i a n s of 
minors, etc. 
Advances. 
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 the date of this Act shall vest in such members 
in fee simple, subject to any valid encumbrance. 
(c) Prior to the time provided in subsection (d) of this section 
for the removal of restrictions on land owned by more than one mem-
ber 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 the date of this Act; 
(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 pur-
chaser 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. 
SEC. 7. (a) The Act of June 25,1910 (36 Stat. 855), the Act of Febru-
ary 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 the date of 
this Act. 
(b) The laws of the several States, Territories, possessions, and the 
Districtof Columbia with respect to the probate of wills, the determi-
nation 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 the date of this Act. 
SEC. 8. 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 Act 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. 
SEC. 9. No property distributed under the provisions of this Act 
shall at the time of distribution be subject to Federal or State income 
tax. Following any distribution of property made under the pro-
visions of this Act, 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: Pro-
vided, 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. 
SEC. 10. Prior to the transfer of title to, or the removal of restrictions 
from, property in accordance with the provisions of this Act, 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. 
SEC. 11. Pending the completion of the property dispositions pro-
vided for in this Act, 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 
68 STAT.] 
PUBLIC LAW 588-AUG. 13, 1954 
727 
as may be designated by the governing body of the tribe and approved 
by the Secretary. 
SEC. 12. The Secretary shall have authority to execute such patents, 
deeds, assignments, releases, certificates, contracts, and other instru-
ments as may be necessary or appropriate to carry out the provisions 
of this Act, or to establish a marketable and recordable title to any 
property disposed of pursuant to this Act. 
SEC. 13. (a) Upon removal of Federal restrictions on the property 
of each tribe and individual members thereof, the Secretary shall pub-
lish in the Federal Register a proclamation declaring that the Federal 
trust relationship to the affairs of the tribe and its members has ter-
minated. 
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, exclud-
ing 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) Nothing in this Act shall affect the status of the members of a 
tribe as citizens of the United States. 
(c) Prior to the issuance of a proclamation in accordance with the 
provisions of this section, the Secretary is authorized to undertake, 
within the limits of available appropriations, a special program of 
education and training designed to help the members of the tribe to 
earn a livelihood, to conduct their own affairs, and to assume their 
responsibilities as citizens without special services because of their 
status as Indians. 
Such program may include language training, 
orientation in non-Indian community customs and living standards, 
vocational training and related subjects, transportation to the place 
of training or instruction, and subsistence during the course of train-
ing or instruction. For the purposes of such program the Secretary 
is authorized to enter into contracts or agreements with any Federal, 
State, or local governmental agency, corporation, association, or 
person. Nothing in this section shall preclude any Federal agency 
from undertaking any other program for the education and training 
of Indians with funds appropriated to it. 
SEC. 14. (a) Effective on the date of the proclamation provided for 
in section 13 of this Act, the corporate charter of the Confederated 
Tribes of the Grand Ronde Community, Oregon, issued pursuant to 
the Act of June 18, 1934 (48 Stat. 984), as amended, and ratified by 
the Community on August 22, 1936, is hereby revoked. 
(b) Effective on the date of the proclamation provided for in section 
13 of this Act, all powers of the Secretary or other officer of the 
United States to take, review, or approve any action under the con-
stitution and bylaws of the tribe are hereby terminated. Any powers 
conferred upon the tribe by such constitution which are inconsistent 
with the provisions of the Act are hereby terminated. Such termina-
tion shall not affect the power of the tribe to take any action under 
its constitution and bylaws that is consistent with this Act without 
the participation of the Secretary or other officer of the United States. 
SEC. 15. The Secretary is authorized to set off against any indebted-
ness payable to the tribe or to the United States by an individual mem-
ber of the tribe, or payable to the United States by the tribe, any funds 
payable to such individual or tribe under this Act and to deposit the 
amount set off to the credit of the tribe or the United States as the case 
may be. 
SEC. 16. Nothing in this Act shall affect any claim heretofore filed 
against the United States by any tribe. 
Patents, 
deeds, 
etc. 
F e d e r a l 
trust 
termination p r o c -
lamation. 
P u b l i c ation in 
FR. 
Citizenship sta-
tus. 
Training, etc. 
Revo c a t i o n of 
charter. 
25 u s e 461-479. 
Termina t i o n of 
powers. 
Ind i V i d u a 1 ir>-
debtedness. 
Use of payment. 
Claims aga i n st 
U. S. 
728 
PUBLIC LAW 589-AUG. 13, 1954 
[68 S 
TAT. 
Leases, etc. 
Rides and regu-
lations. 
Repeals. 
48 Stat. 984. 
25 u s e 461-479. 
Separability. 
SEC. 17. Nothing in this Act shall abrogate any valid lease, permit, 
license, right-of-way, lien, or other contract heretofore approved. 
Whenever any such instrument places in or reserves to the Secretary 
any powers, duties, or other functions with respect to the property 
subject thereto, the Secretary may transfer such functions, in whole 
or in part, to any Federal agency with the consent of such agency. 
SEC. 18. The Secretary is authorized to issue rules and regulations 
necessary to effectuate the purposes of this Act, and may in his dis-
cretion provide for tribal referenda on matters pertaining to manage-
ment or disposition of tribal assets. 
SEC. 19. All Acts or parts of Acts inconsistent with this Act 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), shall not apply to a tribe and its members after 
the date of the proclamation provided for in section 13 of this Act. 
SEC. 20. If any provision of this Act, 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. 
Approved August 13, 1954. 
August 13, 1954 
[H. R. 2098] 
Public Law 589 
CHAPTER 734 
AN ACT 
To provide for the compensation of certain persons whose lands have been 
flooded and damaged by reason of fluctuations in the water level of the Lake 
of the Woods. 
t h e 
L a k e 
of 
Woods, Minn. 
Water level dam-
ages. 
44 Stat. 2108. 
R e p o r t to Con-
gress. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assemoled, That the Secretary 
of the Army is authorized and directed to investigate, as soon as 
practicable, all claims filed within six months from the date of the 
enactment of this Act for losses and damages caused after August 26, 
1937, to inhabitants of the United States by fluctuations in the water 
level of the Lake of the Woods due to artificial obstructions placed 
in the outlets of such lake pursuant to the convention (signed at 
Washington on February 24, 1925) between the Governments of the 
United States and Great Britain providing for the regulation of the 
level of such lake. 
SEC. 2. The Secretary of the Army, after due notice and oppor-
tunity for hearing, shall ascertain and determine the loss or damage, 
if any, that may have been sustained by the respective claimants, and 
to report to the Congress for its consideration the amount or amounts 
which he finds to be equitably due such claimants, together with a 
statement in each case of the substantial facts upon which the con-
clusion is based. 
The amounts found to be due the respective 
claimants for such loss or damage may be based upon any flooding 
exceeding elevation one thousand and sixty-four sea-level datum, and 
upon any flooding between elevations one thousand sixty-two and five-
tenths and one thousand and sixty-four sea-level datum unaffected by 
winds, as provided in the convention (signed at Washington on 
February 24, 1925) between the Governments of the United States 
and Great Britain providing for the regulation of the level of such 
lake. 
Approved August 13, 1954.