An Act to amend the Act of June 25, 1910 (36 Stat. 857; 25 U.S.C. 406, 407), with respect to the sale of Indian timber
PL 88-301 (S.1565), enacted 04/30/1964

186 
PUBLIC LAW 88-301-APR. 30, 1964 
[78 STAT. 
Penalty. 
Duplicate pay-
ments. 
Prohibition. 
Exclusions from 
gross income. 
Definitions. 
Exemption. 
Appropri at ion. 
64 Stat. 847. 
addition to the amount of award, to the attorneys representing the 
claimant. Any attorney who charges, demands, receives, or collects 
for services rendered in connection with such claim any amount in 
excess of that allowed by the terms of this section, if award be made, 
shall be fined not more than $2,000 or imprisoned not more than one 
year, or both. 
SEC. 6. Payments to be made as herein provided shall be in addition 
to, but not in duplication of, any payments that may otherwise be 
authorized by law. The means employed to acquire the property, 
whether by condemnation or otherwise, shall not aifect eligibility for 
reimbursement or compensation under this Act. Nothing contained 
in this Act shall be construed as creating any legal right or cause of 
action against the LTnited States or as precluding the exercise by the 
Government of the right of eminent domain or any other right or 
])ower that it may have under this or any other law; nor shall this 
Act be construed as precluding an owner or tenant from asserting any 
rights he may have under other laws or the Constitution of the United 
States. 
SEC. 7. No amount received as an award under subsection a. and sub-
sections b. (1) and (3) of section 3 of this Act shall be included in 
gross income for purposes of chapter 1 of the Internal Revenue Code 
of 1954 (26 U.S.C. 1 et seq.). However, amounts received under sub-
section b. (1) shall be included in gross income to the extent that such 
amounts are not used within one year of the receipt thereof to pur-
chase replacement housing or facilities. 
SEC. 8. As used in this Act, the term "land"' shall include interests 
in land, and the term "fair value" shall mean fair value of the interest 
acquired. The provisions of this Act shall be exempt from the opera-
tions of the Administrative Procedure Act of June 11, 1946 (60 Stat. 
237), as amended (5 U.S.C. 1001-1011). 
SEC. 9. There are authorized to be appropriated to the Department 
of State for the use of the United States section of said Commission 
not to exceed $44,900,000 to carry out the provisions of said convention 
and this Act and for transfer to other Federal agencies to accomplish 
by them or other proper agency relocation of their facilities necessi-
tated by the project. Of the appropriations authorized by this section, 
not to exceed $4,200,000 may be used to carry out the provisions of 
section 3 of this Act. The provisions of section 103 of the American-
Mexican Treaty Act of 1950 (22 U.S.C. 277d-3) are hereby expressly 
extended to apply to the carrying out of the provisions of said conven-
tion and this Act. 
Approved April 29, 1964. 
April 30, 1964 
[S. 1565] 
Public Law 88-301 
AN A C T 
To amend the Act of June 25, 1910 (36 Stat. So? : 2o U.S.C. 406, 407), with resiject 
to the sale of Indian timber. 
Indians, sale of 
timber. 
Unallotted 
lands. 
Be it enacted hy the Senate and House of RepreHentatlves of the 
United States of America in Congress assernhled^ That sections 7 and 8 
of the Act of June 25, 1910 (36 Stat. 857: 25 U.S.C. 406, 407), are 
amended to read as follows: 
"SEC. 7. The timber on unallotted lands of any Indian reservation 
may be sold in accordance with the principles of sustained yield, or 
in order to convert the land to a more desirable use, under regulations 
to be prescribed by the Secretary of the Interior, and the proceeds 
78 STAT. ] 
PUBLIC LAW 88-301-APR. 30, 1964 
187 
from such sales, after deductions for administrative expenses pursuant 
to the Act of February 14, 1920, as amended (25 U.S.C. 413), shall 
^7 stat. MI?. 
be used for the benefit of the Indians who are member's of the tribe 
or tribes concerned in such manner as he may direct, 
"SEC. 8. (a) The timber on any Indian land held under a trust or 
AUotments held 
, 
V / 
. . 
. . . 7 
. 
i i i j i 
under trust. 
other patent contamnig restrictions on alienations may be sold by the 
owner or owners with the consent of the Secretary of the Interior, and 
the proceeds from such sales, after deductions for administrative 
expenses to the extent permissible under the Act of February 14, 1920, 
as amended (25 U.S.C. 413), shall be paid to the owner or owners or 
disposed of for their benefit under regulations to be prescribed by the 
Secretary of the Interior. It is the intention of Congress that a deduc- 
deductions for 
-
•
'
,
,
.
. 
, 
,
.
'
^ 
I
J
I 
administrative e x -
tion for administrative expenses may be made in any case unless the penses. 
deduction would violate a treaty obligation or amount to a taking of 
private property for public use without just compensation in violation 
of the fifth amendment to the Constitution. Sales of timber under this 
subsection shall be based upon.a consideration of the needs and best 
interests of the Indian owner and his heirs. The Secretary shall take 
into consideration, among other things, (1) the state of growth of 
the timber and the need for maintaining the productive capacity of the 
land for the benefit of the owner and his heirs, (2) the highest and 
best use of the land, including the advisability and practicality of 
devoting it to other uses for the benefit of the owner and his heirs, 
and (3) the present and future financial needs of the owner and his 
heirs. 
" (b) Upon the request of the owners of a majority Indian interest in tg^"^^^'^^'^'"" 
land in which any undivided interest is held under a trust or other 
patent containing restrictions on alienations, the Secretary of the 
Interior is authorized to sell all undivided Indian trust or restricted 
interests in any part of the timber on such land. 
"(c) Upon the request of the owner of an undivided but unrestricted te^"T^*"''*^'^'"" 
interest in land in which there are trust or restricted Indian interests, 
the Secretary of the Interior is authorized to include such unrestricted 
interest in a sale of the trust or restricted Indian interests in timber 
sold pursuant to this section, and to perform any functions required of 
him by the contract of sale for both the restricted and the unrestricted 
interests, including the collection and disbursement of payments for 
timber and the deduction from such payments of sums in lieu of 
administrative expenses. 
"(d) For the purposes of this Act, the Secretary of the Interior is 
Representation 
authorized to represent any Indian owner (1) who is a minor, (2) oth'^rs"" ^""^ 
who has been adjudicated non compos mentis, (3) whose ownership 
interest in a decedent's estate has not been determined, or (4) who 
cannot be located by the Secretary after a reasonable and diligent 
search and the giving of notice by publication. 
"(e) The timber on an^ Indian land held under a tmst or other ^ Emergency 
patent containing restrictions on alienations may be sold by the Sec-
retary of the Interior without the consent of the owners when in his 
judgment such action is necessary to prevent loss of values resulting 
from fire, insects, disease, windthrow, or other natural catastrophes. 
"(f) A change from a trust or restricted status to an unrestricted ^^'^^^^^^ '" 
status of any interest in timber that has been sold pursuant to this 
section shall not affect the obligations of the Secretary of the Interior 
under any contract of sale that is in effect at the time such change in 
status occurs." 
Approved April 30, 1964.