Page:United States Statutes at Large Volume 71.djvu/384

 348 Purchase rights. 25 USC 564d.

"Adult". 25 USC 564a.

25 USC 564g. Removal o f r e • strictions.

G u a r d i a n s for minors, e t c. 25 USC 564n.

Timber. 25 USC 564-564W.

PUBLIC LAW 85-132-AUG. 14, 1957

[71

ST A T.

(e) Subsection 5(a), paraji^rsipli (8), of the Act is amended by deleting the second proviso and by inserting in lieu thereof the following: ''Provided further, That any person whose name appears on the final roll of the tribe, or a guardian on behalf of any such person who is a minor or an incompetent, shall have the right to purchase, for his or its own account but not as an agent for others, any of such property in lots as offered for sale for not less than the highest offer received by competitive bid; any individual Indian purchaser may apply toward the purchase price all or any part of the sum due him from the conversion of his interest in tribal property; and if more than one right is exercised to purchase the same property pursuant to this ]3roviso the property shall be sold to one of such persons on the basis of competitive bids:". (f) Subsection 2(e) of the Act is amended to read as follows: " 'Adult' means a person who is an adult according to the law of the place of his residence." (g) Subsection 5(a), paragraph 5, of the Act is amended by deleting "tribe" and by inserting in lieu thereof "members who elect to remain in the tribe", (h) Subsection 8(c) of the Act is amended by inserting after "on land owned by" the words "one or by". (i) Subsection 8(b) of the Act is amended by deleting the language that precedes the proviso and by inserting in lieu thereof "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 hereby removed four years after the date of this Act, and the patents or deeds under which titles are then held shall pass the titles in fee simple, subject to any valid encumbrances:". (j) Section 15 of the Act is amended by changing the period at the end thereof to a comma and by adding "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. SEC. 2. Nothing in the Act of August 13, 1954 (68 Stat. 718), shall affect the authority to make timber sales otherwise authorized by law prior to the termination of Federal control over such timber. Approved August 14, 1957.

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