An Act to provide for the division of the tribal assets of the Catawba Indian Tribe of South Carolina among the members of the tribe, and for other purposes
PL 86-322 (H.R.6128), enacted 09/21/1959

592 
PUBLIC LAW 86-322-SEPT. 21, 1959 
[73 S T A T , 
Administration. 
Appropriation. 
SEC. 5. When established pursuant to this Act, the park shall be 
administered, protected, and developed by the Secretary of the Interior 
in accordance with the provisions of the Act of August 25, 1916 (39 
Stat. 535; 16 U.S.C. 1-4), as amended and supplemented, and the 
Historic Sites Act of August 21,1935 (49 Stat. 666; U.S.C. 461-467). 
SEO. 6. There are hereby authorized to be appropriated such sums, 
but not more than $8,000,000, as may be needed for the acquisition of 
lands and interests in lands and for development of the Minute Man 
National Historical Park, of which not more than $5,000,000 shall be 
used for acquisition purposes, and in addition thereto, such sums as 
may be needed for its administration and maintenance. 
Approved September 21, 1959. 
Public Law 86-322 
September 21. 1959 
[H. R. 6128] 
AN ACT 
To provide for the division of the tribal assets of the Catawba Indian Tribe of 
South Carolina among the members of the tribe and for other purposes. 
Catawba 
Tribe. 
Division 
sets. 
of as-
P u b l i cation in 
F. R. 
Shares. 
Distribution. 
Be it enacted hy the Senate and House of Representatwes 
of the 
United States of America in Congress assemhled^ That when a majority 
of the adult members of the Catawba Indian Tribe of South Carolina, 
according to the most reliable information regarding membership that 
is available to the Secretary of the Interior, have indicated their 
agreement to a division of the tribal assets in accordance with the 
provisions of this Act, the Secretary shall publish in the Federal 
Register a notice of that fact. 
The membership roll of the Catawba 
Indian Tribe of South Carolina shall thereupon be closed as of mid-
night of the date of such notice, and no child born thereafter shall be 
eligible for enrollment. The Secretary of the Interior with advice and 
assistance of the tribe shall prepare a final roll of the members of the 
tribe who are living at such time, and when so doing shall provide a 
reasonable opportunity for any person to protest against the inclusion 
or omission of any name on or from the roll. The Secretary's decisions 
on all protests shall be final and conclusive. After all protests are 
disposed of, the final roll shall be published in the Federal Register. 
SEC. 2. Each member whose name appears on the final roll of the 
tribe as published in the Federal Register shall be entitled to receive 
an apDroximately equal share of the tribe's assets that are held in 
trust by the United States in accordance with the provisions of this 
Act. 
This right shall constitute personal property which may be 
inherited or bequeathed, but it shall not otherwise be subject to aliena-
tion or encumbrance. 
SEC. 3. The tribe's assets shall be distributed in accordance with 
the following provisions: 
(a) If the State of South Carolina by legislation authorizes assets 
that are held by the State in trust for the tribe to be included in the 
distribution plan prepared by the Secretary in accordance with the 
provisions of this Act, they may be included. 
(b^ The tribal council shall designate any part of the tribe's land 
that is to be set aside for church, park, playground, or cemetery pur-
poses and the Secretary is authorized to convey such tracts to trustees 
or agencies designated by the tribal council for that purpose and 
approved by the Secretary. 
(c) The remaining tribal assets shall be appraised by the Secretary 
and the share of each member shall be determined by dividing the total 
number of enrolled members into the total appraisal. 
The tribal 
73 S T A T . ] 
PUBLIC LAW 86-322-SEPT. 2 1 , 1959 
593 
assets so appraised shall not include any improvements that were 
placed on the part of an assignment that is selected by an assignee, or 
his wife or children, pursuant to subsection (d) of this section. 
Such 
improvements shall be property of the assignee. 
(d) Subject to the provisions of this subsection, each member who 
is an adult under the laws of the State and who has an assignment shall 
be given the option of selecting and receiving title to any part of his 
assignment that has an appraised value not in excess of his share of 
the tribe's assets. A wife, husband, or child of such adult member 
may select and receive title to any part of such assignment that has 
an appraised value not in excess of her or his share of the tribe's 
assets; and, if the child is a minor under the laws of the State, the 
option on his behalf may be exercised by such adult member. 
Each 
selection shall be subject to the approval of the Secretary of the Inte-
rior, who shall consider the effect of the selection on the total value 
of the property. 
The title to any part of an assignment so selected 
may be taken in the name of the person entitled thereto, or the title 
to all of the parts of an assignment so selected may be taken in the 
names of the persons entitled thereto as tenants in common. 
(e) Each member who has no assignment may select and receive 
title to any part of the tribal land that is not selected pursuant to 
subsection (d) of this section and that has an appraised value not in 
excess of his share of the tribe's assets. 
(f) All assets of the tribe that are not selected and conveyed to 
members pursuant to subsections (d) and (e) of this section shall be 
sold and the proceeds distributed to the members in accordance with 
their respective interests. Such sales shall be by competitive bid and 
any member shall have the right to purchase property offered for sale 
for a price not less than the highest acceptable bid therefor. If more 
than one member exercises such right, the property shall be sold to 
the member exercising the right who offers the highest price. 
Any 
tribal assets that are not sold by the Secretary within two years from 
the date of the notice provided for in section 1 of this Act shall be 
conveyed to a trustee selected by the Secretary for disposition in 
accordance with this subsection, and the fees and expenses of such 
trustee shall be paid out of funds appropriated for the purposes of 
this Act. 
SEC. 4. The Secretary of the Interior is authorized-to make such 
Land surveys, 
land surveys and to execute such conveyancing instruments as he 
deems necessary to convey marketable and recordable titles to the 
tribal assets disposed of pursuant to this Act. 
Each grantee shall 
receive an unrestricted title to the property conveyed. 
SEC. 5. The constitution of the tribe adopted pursuant to the Act 
of June 18, 1934 (48 Stat. 984), as amended, shall be revoked by the ^^f^ u s e 46 i-
Secretarj^ Thereafter, the tribe and its members shall not be entitled 
to any of the special services performed by the United States for 
Indians because of their status as Indians, all statutes of the United 
States that affect Indians because of their status as Indians shall be 
inapplicable to them, and the laws of the several States shall apply 
to them in the same manner they apply to other persons or citizens 
within their jurisdiction. Nothing in this Act, however, shall affect 
the status of such persons as citizens of the United States. 
SEC. 6. Nothing in this Act shall affect the rights, privileges, or 
obligations of the tribe and its members under the laws of South 
Carolina. 
SEC. 7. No property distributed under the provisions of this Act 
'^^^ exemption. 
shall at the time of distribution be subject to any Federal or State 
income tax. Following any distribution of property made under the 
594 
PUBLIC LAW 86-323-SEPT. 21, 1959 
[73 S T A T , 
Education pro-
gram. 
provisions of this Act, such property and income derived therefrom 
by the distributee 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 grantee. 
SEC, 8, Prior to the revocation of the tribal constitution provided for 
in this Act, the Secretary is authorized to undertake, within the limits 
of available appropriations, a special program of education and train-
ing designed to help the members of the tribe to earn a livelihood, to 
conduct their own affairs, and to assume their responsibilities as citi-
zens 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 re-
lated 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, association, or persons. Nothing in this section 
shall preclude any Federal agency from undertaking any other pro-
gram for the education and training of Indians with funds appropri-
ated to it. 
Approved September 21, 1959. 
September 21, 1959 
[H. R. 6190] 
Public Law 86-323 
AN ACT 
To direct the Secretary of the Army to convey the Ai-my and Navy General 
Hospital, Hot Springs National Park, Arkansas, to the State of Arkansas, 
and for other purposes. 
Arkansas. 
Conveyance. 
70A Stat. 
147. 
Limitation. 
Be it eTiacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assemhled^ That (a) the Sec-
retary of the Army is authorized and directed to convey to the State 
of Arkansas by quitclaim deed, without consideration and without 
regard to the provisions of section 2662 of title 10 of the United States 
Code, but subject to the conditions, limitations, and reservations here-
inafter set forth, all right, title, and interest of the United States in 
and to approximately twenty-one acres, more or less, of land located 
at Hot Springs National Park, Arkansas, which comprise a part of 
the reservation presently occupied by the Army and Navy General 
Hospital, together with all buildings and improvements situated 
thereon and all appurtenances and utilities belonging or appertaining 
thereto, 
(b) The conveyance authorized by this Act may not include any 
part of that portion of the Hot Springs National Park, comprising 
approximately three and one-half acres hereinafter described by 
metes" and bounds, presently occupied in part by the National Park 
Service, or any building, improvement, appurtenance, or utility apper-
taining thereto, or any personal property situated thereon. 
Such 
buildings, improvements, appurtenances, and utilities are hereby 
transferred to the Department of the Interior. The limitation made 
by the first sentence of this subsection applies to that portion of 
such park described as follows: Beginning at the west iron road 
gate post on the property line at Reserve Avenue at point A, north-
westerly along the curb line to point B approximately midway 
along the curb line immediately east of building numbered 16; 
thence northeasterly to terminus of the rock wall at point C; thence