§ 564g. — Individual property.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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''.
