Page:United States Statutes at Large Volume 70.djvu/951

 70

STAT.]

PUBLIC LAW

887-AUG.

1, 1966

(c) Prior to the time provided in subsection (b) of this section for be^^"^wJi*if the removal of restrictions on land owned by more than one member fo»triction«. of the tribe, the Secretary may— (1) upon request of any of the owners made within two years after the date of this Act, partition the land and issue to each owner a patent or deed for his individual share that shall become unrestricted three years from the date of this Act; (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. SEC. 7. (a) The Act of June 25, 1910 (36 Stat. 855), the Act of Feb- P'obate, etc. ruary 14, 1913 (37 Stat. 678), and other Acts amendatory thereto shall J^ u s e 372 et not apply to the probate of the trust and restricted property of the members of the tribe who die six months or more after the date of this Act. (b) The laws of the several States, Territories, possessions, and the District of Columbia with respect to the probate of wills, the determination of heirs, and the administration of decedents' estates shall apply to the individual property of members of the tribe who die six months or more after the date of this Act. SEC. 8. No property distributed under the provisions of this Act ^ " exemption, shall at the time of distribution be subject to Federal or State income tax. Following any distribution of property made under the provisions of this Act, such property and any income derived therefrom by the individual, corporation, or other legal entity 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 individual, corporation, or other legal entity. SEC. 9. Prior to the transfer of title to, or the removal of restrictions gu'Kiit^iD*"'*"* °' from, pro^ferty in accordance with the provisions of this Act, 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. SEC. 10. Pending the completion of the property dispositions pro- Advance* ©f vided for in this Act, the funds now on deposit or hereafter deposited in the Treasury of the United States to the credit of the tribe shall be available for advance to the tribe, or for expenditure, for such purposes as may be designated by the governing body of the tribe and approved by the Secretary. SEC. 11. The Secretary shall have authority to execute such patents. Execution of deeds, assignments, releases, certificates, contracts, and other instru- ^" *" *' * ** ^ ments as may be necessary or appropriate to carry out the provisions of this Act, or to establish a marketable and recordable title to any property disposed of pursuant to this Act. SEC. 12. Nothing in this Act shall abrogate any valid lease, permit, Prior leases, license, right-of-way, lien, or other contract heretofore approved. * Transfer of funoWhenever any such instrument places in or reserves to the Secretary "<»""• any powers, duties, or other functions with respect to the property sub-

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