An Act to provide for the termination of Federal supervision over the property of certain tribes, bands, and colonies of Indians in the State of Utah and the individual members thereof, and for other purposes
PL 83-762 (S.2670), enacted 09/01/1954

68 
S T A T . ] 
PUBLIC LAW 762-SEPT. 1, 1954 
1099 
regulations made under subchapter A of Chapter 9 of the Internal 
Revenue Code of 1939), be deemed to constitute remuneration for 
employment as defined in section 210 of the Social Security Act and 
section 1426 (b) of the Internal Eevenue Code of 1939. 
(b) In any case in which— 
(1) an individual has been employed, at any time subsequent 
to 1950 and prior to the enactment of this Act, by an organiza-
tion which has filed a waiver certificate under section 1426 (1) 
(1) of the Internal Revenue Code of 1939; 
(2) the service performed by such individual during the time 
he was so employed would have constituted employment (as 
defined in section 210 of the Social Security Act and section 1426 
(b) of the Internal Revenue Code of 1939) if such individual's 
signature had appeared on the list of signatures of employees 
who concurred in th« filing of such certificate; 
(3) the taxes imposed by sections 1400 and 1410 of the Inter-
nal Revenue Code of 1939 have been paid prior to the enactment 
of this Act with respect to any part of the remuneration paid to 
such individual by such organization for such service; and 
(4) no refund of such taxes has been obtained, 
the amount of such remuneration with respect to which such taxes have 
been paid shall, upon the request of such individual (filed on or before 
January 1, 1957, and in such form and manner, and with such official, 
as may be prescribed by regulations made under subchapter A of 
chapter 9 of the Internal Revenue Code of 1939), be deemed to con-
stitute remuneration for employment as defined in section 210 of the 
Social Security Act and section 1426 (b) of the Internal Revenue Code 
of 1939, and such individual shall be deemed to have concurred in the 
filing of the waiver certificate filed by such organization under section 
1426 (1) (1) of the Internal Revenue Code of 1939. 
26 u s e 
1 4 0 0 -
1432. 
68A S t a t . 
938, 
415. 
42 u s e 
410; 
ante, 
pp. 10 5 2-
1054, 1061. 
STUDY or FEASIBILITY OF PROVIDING INCREASED MINIMUM BENEFITS 
UNDER TITLE II 
SEC. 404. (a) The Secretary of Health, Education, and Welfare 
shall conduct a full and complete study with a view to determining 
the feasibility of increasing the minimum old-age insurance benefit 
under title II of the Social Security Act to (1) $55 per month, (2) $60 
per month, and (3) $75 per month. 
(b) Such study shall include (1) a detailed analysis of the estimated 
increase in cost, if any, involved in increasing such minimum benefit 
to each of the above referred to amounts, (2) estimates of the financial 
impact such increase would have upon the Old Age and Survivors 
Insurance Trust Fund, and (3) an estimate of the amount, if any, by 
which Federal grants to the States for public assistance would be 
reduced by reason of such increase in minimum old-age insurance 
benefits. 
(c) The Secretary shall report to the Congress at the earliest practi-
cable date the results of the study provided for by this section. 
Approved September 1, 1954. 
Study by HEW. 
42 u s e 401-421. 
Report to e o n -
gress. 
Public Law 762 
CHAPTER 1207 
^^ 
- ^ ^ T 
September 1, 1954 
To provide for the termination of Federal supervision over tlie property of cer- 
[S. 2670] 
tain tribes, bands, and colonies of Indians in the State of Utah and the indi-
vidual members thereof, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress a^semhled^ That the purpose of 
P aiute 
Utah 
Indians, 
T e r mination o I 
F e d e r a l super-
vision. 
1100 
PUBLIC LAW 762-SEPT. 1, 1954 
[68 S T A T . 
Tribal rolls. 
P u b l i c ation in 
FR. 
Tribal property 
rights. 
P r o p e r t y 
dis-
position plan. 
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 the State of Utah 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 termina-
tion 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 following tribes or bands of Indians 
located in the State of Utah: Shivwits, Kanosh, Koosharem, and 
Indian Peaks Bands of the Paiute Indian Tribe. 
(b) "Secretary" means the Secretary of the Interior. 
(c) "Lands" means real property, interests therein, or improve-
ments thereon, and include water rights. 
(d) "Individual Indian" means any individual Indian whose name 
appears on the final roll prepared pursuant to section 3 of this Act. 
(e) "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. Each tribe shall have a period of six months from the date 
of this Act in which to prepare and submit to the Secretary a pro-
posed roll of the members of the tribe living on the date of this Act, 
which shall be published in the Federal Register. 
If a tribe fails to 
submit such roll within the time specified in this section, the Secretary 
shall prepare a proposed role 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 Secre-
tary on behalf of any such person, may, within sixty days from the 
date of publication of the proposed roll, file an appeal with the Secre-
tary contesting the inclusion or omission of the name of any person 
on or from such roll. The Secretary shall review svich appeals and 
his decisions thereon shall be final and conclusive. After disposition 
of all such appeals by the Secretary, the roll of the tribe shall be pub-
lished 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 encum-
brance 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) The Secretary shall, within six months after the publica-
tion of each final membership roll, notify the tribe of the period of 
time during which the tribe may study means of disposition of tribal 
property, real and personal, under supervision of the United States. 
Such period shall not be less than three months and not more than two 
years, including any authorized extension of the original periods. 
The Secretary is authorized to provide such reasonable assistance as 
may be requested by the tribe in the formulation of a plan for the dis-
position or future control and management of the property, including 
necessary consultations with representatives of Federal departments 
and agencies, officials of the State of Utah and political subdivisions 
thereof, and members of the tribe. During such period, the tribe may 
elect— 
68 
S T A T . ] 
PUBLIC LAW 762-SEPT. 1, 1954 
1101 
(1) to apply to the Secretary for the transfer to a corporation 
or other legal entity organized by the tribe in a form satisfactory 
to the Secretary of title to all or any part of the tribal property, 
and the Secretary is authorized to make such transfer: Provided^ 
That the Secretary of the Interior shall not approve any form of 
organization that provides for the transfer of stock or an undi-
vided share in corporate assets as compensation for services of 
agents or attorneys unless such transfer is based upon an appraisal 
of tribal assets that is satisfactory to the Secretary; 
(2) to apply to the Secretary for the transfer to one or more 
trustees designated by the tribe of title to all or any part of the 
tribal property, real and personal, the title to be held by such 
trustee for management or liquidation purposes under terms and 
conditions prescribed by the tribe, and the Secretary is authorized 
to make such transfer if he approves the trustees and the terms 
and conditions of the trust; 
(3) to apply to the Secretary for the sale of all or any part 
of the tribal property, and for the pro rata distribution among 
the members of the tribe of all or any part of the proceeds of sale 
or of any other tribal funds, and the Secretary is authorized and 
directed to sell such property upon such terms and conditions as 
he deems proper and to make such distribution among the mem-
bers of the tribe after deducting, in his discretion, reasonable costs 
of sale and distribution; and 
(4) to apply to the Secretary for a division of all or any part 
of the tribal land into parcels for members and for public pur-
poses, together with a general plan for the subdivision showing 
the approximate size, location, and number of parcels, and the 
Secretary is authorized to issue patents for that purpose. 
(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 either to all members of the tribe as tenants 
in common or 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. 
(c) 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 Utah 
that relate to the selection of trustees: 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 
paragraphs (1) and (2) 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. 
(d) Notwithstanding any other provision of this section, the Sec-
retary is directed to reserve subsurface rights in tribal property from 
any sale or division of such property, and to require any trustee or 
trustees to whom title to tribal property is transferred to retain title 
to the subsurface rights in such property for not less than 10 years. 
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 
S e l e c t i o n of 
trustees. 
R e s e r vation of 
subsurface rights. 
Personal p r o p -
erty control. 
1102 
PUBLIC LAW 762-SEPT. 1, 1954 
[68 
S T A T . 
Land r e s t r i c -
tions, retnovalt 
Probate, etc* 
25 u s e 3 7 2 et 
aeq. 
Federally-owned 
property. 
Transfer. 
Taxes. 
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 re-
stricted land owned by members of the tribe (including allottees, 
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 
valid encumbrance: Provided, That the provisions of this subsection 
shall not apply to subsurface rights in such lands, and the Secretary is 
directed to transfer such subsurface rights to one or more trustees 
designated by him for management for a period not less than 10 years. 
The title to all interests in trust or restricted land acquired by members 
of the tribe 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 (b) 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 the date of this Act; 
(2) upon request of any of the owners and a finding by the Sec-
retary that partition of all or any part of the land is not prac-
ticable, 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 
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 a tribe who die six months or more after the date 
of this Act. 
(b) The laws of the several States, Territories, possessions, and the 
District of Columbia with respect to the probate of wills, the deter-
mination of heirs, and the administration of decedents' estates shall 
apply to the individual property of members of the tribe who die 
six months after the date of this Act. 
SEC. 8. The Secretary is authorized, in his discretion, to transfer to 
a 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 to public use and from which members of the 
tribes will derive benefit. 
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: 
Provided, That for the purpose of capital gains or losses the base 
68 S T A T . ] 
PUBLIC LAW 762-SEPT. 1, 1954 
1103 
value of the property shall be the value of the property when dis-
tributed to the individual, corporation, or other legal entity. 
SEC. 10. Nothing contained in this Act shall deprive any Indian 
tribe, band, or other identifiable group of American Indians of any 
right, privilege, or benefit granted by the Indian Claims Commission 
Act of August 13, 1946 (ch. 959, 60 Stat. 1049), including the right to 
pursue claims against the United States as authorized by said Act. 
SEC. 11. 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 and 
may transfer such function, in whole or in part, to a State agency 
with the consent of such agency and the other party or parties to such 
instrument. 
SEC. 12. Nothing in this Act shall abrogate any water rights of a 
tribe or its members. 
SEC. 13. Prior to the transfer of title to, or the removal of restrictions 
from, property in accordance with the provisions of this Act, the Sec-
retary shall protect the rights of members of a tribe who are minors, 
non compos mentis, or in the opinion of the Secretary in need of assist-
ance in conducting their affairs by causing the appointment of guard-
ians in courts of competent jurisdiction, or by such other means as he 
may deem adequate. 
SEC. 14. Pending the completion of the property dispositions pro-
vided for in this Act, the funds now on deposit, or hereafter deposited, 
in the United States Treasury to the credit of the tribe shall be avail-
able for advance to the tribe, or for expenditure, for such purposes 
as may be designated by the governing body of the tribe and approved 
by the Secretary. 
SEC. 15. 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. 16. The Secretary is authorized and directed to cancel any 
indebtedness payable to the United States by the tribe arising out of 
any loan made by the United States to such tribe, and any indebtedness, 
whether payable to the United States or to the tribe, arising out of a 
loan made from the proceeds thereof to an individual Indian. 
SEC. 17. (a) Upon removal of Federal restrictions on the property 
of each tribe and individual members thereof, the Secretary shall 
publish in the Federal Register a proclamation declaring that the 
Federal trust relationship to the affairs of the tribe and its members 
has terminated. Thereafter individual members of the tribe shall not 
be entitled to any of the services performed by the United States for 
Indi&ns because of their status as Indians, all statutes of the United 
States which affect Indians because of their status as Indians 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 
the tribe as citizens of the United States, or shall affect their rights, 
privileges, immunities, and obligations as such citizens. 
25 u s e 70 et 
aeq. 
P r i o r l e a s es, 
etc* 
Transfer of func-
tions i 
Water rights. 
Guardians. 
A d v a n c e s 
oif 
funds. 
Execution of pab-
ents, etc. 
Cancellation o f 
indebtedness. 
T e r m i nation of 
Federal trust. 
P u b l i c ation ini 
FR. 
S t a t u s as citi-
zens. 
1104 
PUBLIC LAW 762-SEPT. 1, 1954 
[68 S T A T . 
R e v o c at ion of 
charter. 
25 u s e 461-479. 
Ac t i o n u n d e r 
tribal c o n s t i t u -
tioru 
Rules and regu-
lations. 
25 u s e 461-479. 
Separability. 
Irrigation works« 
Disc ontinuance« 
Transfer of title. 
Educational pro-
gram. 
SEC. 18. (a) Effective on the date of the proclamation provided for 
in section 17 of this Act, the corporate charter issued pursuant to the 
Act of June 18, 1934 (48 Stat. 984), as amended, to the Kanosh Band 
of Paiute Indians of the Kanosh Reservation, Utah, and ratified by 
the band on August 15, 1943, and to the Shivwits Band of Paiute 
Indians of the Shivwits Reservation, Utah, and ratified by the band 
on August 30,1941, are hereby revoked. 
(b) Effective on the date of the proclamation provided for in section 
17 of this Act, all powers of the Secretary or other officer of the United 
States to take, review, or approve any action under the constitution 
and bylaws of the tribe are hereby terminated. Any powers conferred 
upon the tribe by such constitution which are inconsistent with the 
provisions of this Act are hereby terminated. Such termination 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, 19. The Secretary is authorized to issue rules and regulations 
necessary to effectuate the purposes of this Act, and may in his discre-
tion provide for tribal referenda on matters pertaining to management 
or disposition of tribal assets. 
SEC. 20. All Acts or parts of Acts inconsistent with this Act are 
hereby repealed insofar as they affect the tribe or its members. The 
Act of June 18,1934 (48 Stat. 984), as amended by the Act of June 15, 
1935 (49 Stat. 378), shall not apply to the tribe and its members after 
the date of the proclamation provided for in section 17 of this Act. 
SEC. 21. 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. 
SEC. 22. (a) Not later than two years after the date of this Act, 
the management and operation of irrigation works for Indian lands of 
the tribe by the Bureau of Indian Affairs shall be discontinued. Upon 
such discontinuance, the Secretary shall cancel the unpaid irrigation 
operation and maintenance assessments and reimbursable irrigation 
construction charges against such lands. 
(b) The Secretary may transfer the title to such irrigation works to 
water users, water user's associations organized for such purpose, or 
to corporations organized, or trustees designated, as provided in sec-
tion 5. 
SEC. 23. Prior to the issuance of a proclamation in accordance with 
the provisions of section 17 of this Act, 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 be-
cause 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 training 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, asso-
ciation, or person. Nothing in this section shall preclude any Fed-
eral agency from undertaking any other program for the education 
and training of Indians with funds appropriated to it. 
Approved September 1, 1954. 
. ,