An Act to extend the period of restrictions on lands belonging to Indians of the Five Civilized Tribes in Oklahoma, and for other purposes
PL 84-348 (S.2198), enacted 08/11/1955

PUBLIC DAW 348-,AUG. 11, 1955 
[69 
S T A T . 
TITLE IV—MISCELLANEOUS PROVISIONS 
12 use 640b. 
12 use 640d. 
12 use 636c. 
Separability. 
SEC. 401. (a) Section 5 (b) of the Farm Credit Act of 1937, as 
amended, is amended by changing the sixth sentence thereof to read 
as follo\N'S: "After the date of enactment of the Farm Credit Act of 
1955, no person shall be eligible for election or appointment to mem-
bership on said Board if such person has within one year next preced-
ing the commencement of the term been a salaried officer or employee 
of the Farm Credit Administration, or a salaried officer or employee 
of any corporation operating under the supervision of the Farm Credit 
Administration.". 
(b) Section 5 (d) of the Farm Credit Act of 1937, as amended, is 
amended— 
(1) by substituting "six months" for "three months" wherever 
it occurs in paragraph (2) thereof; and 
(2) by adding at the end thereof a new paragraph as follows: 
"(4) As directed by the Farm Credit Administration, the election 
of a director under section 5 (d) (2) by any group may be begun 
any time within six months before the expiration of the term of 
office to which the director is to succeed, subject to the required deter-
mination being made as of the date six months before the expiration 
of such term of office that a director so elected by such group is to 
serve in lieu of a district director (or third district director)." 
SEC. 402. Section 4 of the Farm Credit Act of 1953 is amended— 
(a) by inserting in the first proviso in subsection (a) "all 
persons so tied shall be considered designated as nominees" in 
lieu of "the procedure prescribed therein shall be followed again 
until the tie is broken"; 
(b) by inserting before the period at the end of the second 
sentence of subsection (b) ", except that one full term of six 
years shall be considered to include an additional four months 
if the particular term is one which was legally extended for an 
additional four m^dnths"; and 
(c) by adding the following additional sentence at the end 
of subsection (c) : "All terms of office which otherwise would 
expire on November 30 of any year following enactment of the 
Farm Credit Act of 1955 are extended four months to expire 
on the following March 31 so that the term of office of all suc-
cessors to the terms so extended shall begin with the first day of 
April.". 
SEC. 403. (a) 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 provisions to other persons 
or circumstances, shall not be affected thereby. 
(b) The right to alter, amend, or repeal this Act is hereby expressly 
reserved. 
Approved August 11, 1955. 
August 11, 1955 
[8.2198] 
Public Law 348 
CHAPTER 786 
AN ACT 
To extend the period of restrictions on lands belonging to Indians of the Five 
Civilized Tribes in Oklahoma, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
TrTbVs* okia."^^*** United States of America in Congress assembled, That subject to 
tiikt."'* re8trie- ^^Q provisious of sectiou 2 of this Act, the period of restrictions 
against alienation, lease, mortgage, or other encumbrance of lands 
69 
S T A T . ] 
PUBLIC LAW 348-AUG. 11, 1955 
66T 
belonging to Indians of the Five Civilized Tribes in Oklahoma of 
one-half degree or more Indian blood, which period was extended 
to April 26, 1956, by the Act of May 10, 1928 (45 Stat. 495), is hereby 
extended for the lives of the Indians who own such lands subject 
to such restrictions on the date of this Act. 
SEC. 2. (a) Any Indian of the Five Civilized Tribes may apply 
to the Secretary of the Interior for an order removing restrictions. 
Within ninety days from the date of the application, the Secretary 
shall either issue the order or disapprove the application. 
The order 
shall be issued if in the judgment of the Secretary the applicant has 
sufficient abilit}^, knowledge, experience, and judgment to enable 
him, or her, to manage his, or her, business affairs, including the 
administration, use, investment, and disposition of any property 
turned over to such person and the income or proceeds therefrom, 
with such reasonable degree of prudence and wisdom as will be apt 
to prevent him, or her, from losing such property or the benefits 
thereof. 
(b) The Secretary of the Interior is authorized and directed to 
issue, without application, to any Indian of the Five Civilized Tribes, 
who in the judgment of the Secretary is able to manage his, or her, 
own affairs, in accordance with the standard specified in subsection 
(a) of this section, an order removing restrictions that will become 
effective six months after notice of the order is given to such Indian, 
unless it is set aside by a county court in accordance with proceedings 
initiated prior to such time pursuant to subsection (c) of this sec-
tion. 
The timely initiation of such proceedings shall stay the effec-
tive date of an order until the proceedings are concluded. 
When 
the Secretary issues an order pursuant to this subsection, he shall 
notify the board of county commissioners for the county in which 
the Indian resides. 
(c) If the Secretary of the Interior disapproves, or fails either to 
approve or disapprove, an application within the ninety-day period 
prescribed in subsection (a) of this section, the Indian affected may 
apply to the county court for the county in which he, or she, resides for 
an order removing restrictions. 
If the Secretary issues an order re-
moving restrictions without application therefor in accordance with 
the provisions of subsection (b) of this section, either the Indian 
affected or the board of county commissioners may apply to the county 
court for the county in which the Indian resides for an order setting 
aside such order. 
The court shall set a hearing date not less than 
thirty days from the day it receives the application, and, under rules 
adopted by the court, notify the board of county commissioners, the 
welfare departments of the State and county governments, the local 
representative of the Commissioner of Indian Affairs, and any other 
persons the court considers appropriate. 
At the hearing the court 
shall examine the Indian and may require the persons who appear 
before the court to give testimony in the matter of the ability of the 
Indian to manage his, or her, own affairs. 
The Secretary of the In-
terior, and the attorney for the county in which such court is located, 
shall be given an opportunity to appear at such hearings and to par-
ticipate in the examination of the Indian and other witnesses. 
The 
evidence taken at the hearing shall be transcribed and filed of record 
in the case. In determining capability, the court shall apply the 
standard specified in subsection (a) of this section with respect to 
determinations by the Secretary. 
If the court finds that the Indian 
is able to manage his, or her, own affairs, it shall issue an order remov-
ing restrictions or deny the application for an order to set aside an 
order of the Secretary issued without application therefor, as the case 
Removal. 
Hearings. 
668 
PUBLIC LAW 349~AUG. 11, 1955 
[69 
S T A T . 
25 u s e 355 note. 
25 u s e 355 note, 
502. 
Tax exemptions. 
may be. If the court does not find that the Indian is able to manage 
his, or her, own affairs, it shall deny the application for an order re-
moving restrictions, or set aside an order of the Secretary issued with-
out application therefor, as the case may be. The court shall furnish 
to the Secretary and to the applicant one certified copy of any final 
order issued by it. Any final order of the court shall be subject to 
appeal by the applicant, by the Secretary, or by the board of county 
commissioners in accordance with the probate laws of the State of 
Oklahoma, except that no appeal bond shall be required in an appeal 
by the Secretary. 
(d) When an order removing restrictions becomes effective, the 
Secretary shall cause to be turned over to the applicant full owner-
ship and control of any money and property that is held in trust for 
him or that is held subject to a restriction against alienation imposed 
by the United States, issuing, in the case of land, such title document 
as may be appropriate: Provided^ That the Secretary may make such 
provisions as he deems necessary to insure payment of money loaned 
to any such Indian by the Federal Government or by an Indian tribe: 
Provided further^ That nothing herein contained shall abrogate the 
interest of any lessee or permittee in any lease, contract, or permit 
that is outstanding when an order removing restrictions becomes 
PTTPOi'l VP 
SEO. 3. Section 23 of the Act of April 26, 1906 (34 Stat. 137), as 
amended by section 8 of the Act of May 27,1908 (35 Stat. 312), which 
expires on April 26, 1956, is continued in force with respect to the 
restricted properties of Indians of the Five Civilized Tribes as long 
as such properties remain restricted. 
SEC. 4. Except as provided in section 2 of this Act, nothing in this 
Act shall be construed to repeal or to limit the application of the Act 
of August 4,1947 (61 Stat. 731), the provisions of which shall continue 
in effect until otherwise provided by Congress. 
SEC. 5. Any existing exemption from taxation that constitutes a 
vested property right shall continue in force and effect until it termi-
nates by virtue of its own limitations. 
Approved August 11, 1955. 
August 11, 1955 
[H. R. 6199] 
Public Law 349 
CHAPTER 787 
AN ACT 
To amend the Act of October 14, 1940, to authorize the sale of personal property 
held in connection with housing under such Act. 
Housing. 
Sale of personal 
property. 
64 Stat. 71. 
42 u s e 1588. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That section 608 
of the Act entitled "An Act to expedite the provision of housing in 
connection with national defense, and for other purposes", approved 
October 14, 1940, as amended, is amended by inserting "(a)" imme-
diately after "SEC. 608." and by adding at the end thereof the follow-
ing new subsection: 
"(b) Notwithstanding any other provision of law, any personal 
property held under this Act, and not sold with a project or building, 
may be sold at fair value, as determined by the Administrator, to any 
agency organized for slum clearance or to provide subsidized housing 
for persons of low income. Any sale of personal property under this 
subsection shall be made on a cash basis, payable at the time of 
settlement." 
Approved August 11, 1955.