
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC564n]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
   SUBCHAPTER XIII--KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION
 
Sec. 564n. Protection of minors, persons non compos mentis, and 
        other members needing assistance; guardians; other adequate 
        means; trusts; annuities; assistance factors; contests
        
    Prior to the transfer of title to, or the removal of restrictions 
from, property in accordance with the provisions of this subchapter, the 
Secretary shall protect the rights of members of the tribe who are 
minors, non compos mentis, or in the opinion of the Secretary in need of 
assistance in conducting their affairs, by causing the appointment of 
guardians for such members in courts of competent jurisdiction, or by 
such other means as he may deem adequate, without application from the 
member, including but not limited to the creation of a trust of such 
member's property with a trustee selected by the Secretary, or the 
purchase by the Secretary of an annuity for such member: Provided, 
however, That no member shall be declared to be in need of assistance in 
conducting his affairs unless the Secretary determines that such member 
does not have sufficient ability, knowledge, experience, and judgment to 
enable him to manage his business affairs, including the administration, 
use, investment, and disposition of any property turned over to such 
member and the income and proceeds therefrom, with such reasonable 
degree of prudence and wisdom as will be apt to prevent him from losing 
such property or the benefits thereof: Provided further, That any member 
determined by the Secretary to be in need of assistance in conducting 
his affairs may, within one hundred and twenty days after receipt of 
written notice of such secretarial determination, contest the 
secretarial determination in any naturalization court for the area in 
which said member resides by filing therein a petition having that 
purpose; the burden shall thereupon devolve upon the Secretary to show 
cause why such member should not conduct his own affairs, and the 
decision of such court shall be final and conclusive with respect to the 
affected member's conduct of his affairs.

(Aug. 13, 1954, ch. 732, Sec. 15, 68 Stat. 722; Pub. L. 85-132, 
Sec. 1(j), Aug. 14, 1957, 71 Stat. 348.)


                               Amendments

    1957--Pub. L. 85-132 inserted provisions allowing Secretary to act 
without application from member to create a trust or purchase an annuity 
for such member, by setting out factors for determination by Secretary 
before he declares a member to be in need of assistance, and by 
providing for contest of such secretarial determination by member.

                  Section Referred to in Other Sections

    This section is referred to in section 565a of this title.
