
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC564g]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
   SUBCHAPTER XIII--KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION
 
Sec. 564g. Individual property


(a) Transfer of unrestricted control

    The Secretary is authorized and directed to transfer within four 
years from August 13, 1954, to each member of the tribe unrestricted 
control of funds or other personal property held in trust for such 
member by the United States.

(b) Removal of restrictions on sales or encumbrances; fee simple title

    All restrictions on the sale or encumbrance of trust or restricted 
interests in land, wherever located, owned by members of the tribe 
(including allottees, purchasers, heirs, and devisees, either adult or 
minor), and on trust or restricted interests in land within the Klamath 
Indian Reservation, regardless of ownership, are removed four years 
after August 13, 1954, and the patents or deeds under which titles are 
then held shall pass the titles in fee simple, subject to any valid 
encumbrances. The titles to all interests in trust or restricted land 
acquired by members of the tribe by devise or inheritance four years or 
more after August 13, 1954, shall vest in such members in fee simple, 
subject to any valid encumbrance.

(c) Multiple land ownership; partition; sale; election to purchase; 
        unlocated owners

    Prior to the time provided in subsection (b) of this section for the 
removal of restrictions on land owned by one or 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 four years from August 13, 1954;
        (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 purchaser 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.

(d) Approval of exchanges or sales by Secretary

    The Secretary is authorized to approve--
        (1) the exchange of trust or restricted land between the tribe 
    and any of its members;
        (2) the sale by the tribe of tribal property to individual 
    members of the tribe; and
        (3) the exchange of tribal property for real property in fee 
    status. Title to all real property included in any sale or exchange 
    as provided in this subsection shall be conveyed in fee simple.

(Aug. 13, 1954, ch. 732, Sec. 8, 68 Stat. 720; Pub. L. 85-132, 
Sec. 1(h), (i), Aug. 14, 1957, 71 Stat. 348; Pub. L. 85-731, Sec. 11, 
Aug. 23, 1958, 72 Stat. 819.)


                               Amendments

    1958--Subsec. (b). Pub. L. 85-731 struck out provision making 
subsection inapplicable to subsurface rights and directing Secretary to 
transfer subsurface rights to trustees for management for a period not 
less than ten years.
    1957--Subsec. (b). Pub. L. 85-132, Sec. 1(i), substituted 
``interests in land, wherever located'' for ``land'', and inserted 
``purchasers'' and ``and on trust or restricted interests in land within 
the Klamath Reservation regardless of ownership'' preceding proviso.
    Subsec. (c). Pub. L. 85-132, Sec. 1(h), inserted ``one or by'' after 
``on land owned by''.
