Page:United States Statutes at Large Volume 82.djvu/1207

 82 STAT. ]

PUBLIC LAW 90-597-OCT. 17, 1968

1165

Uons against alienation imposed by the laws of the United States, execute or approve any use, expenditure, investment, deposit, or dislK)sition of such property or interest therein, or proceeds therefrom, or receive any fee or other comi^ensation for services hereafter performed with respect to such property or interest therein. The provisions of this subsection shall not preclude any such person, in his private capacity, from participating in the management or disposition of such property or interest therein with the specific approval of the Secretary of the Interior. Actions with respect to the use, expenditure, investment, deposit, or disposition of such property or interests therein, or proceeds therefrom, shall be valid and efficacious in all respects without participation of affirmation by any guardian, conservator, or other fiduciary appointed under State law. "(c) The Secretary, at any time, may require any guardian, con- Report. servator, or other fiduciary apix>inted under State law for a member of the band to submit a full and complete report concerning his handling of the estate during the preceding six years. If any person or entity required to do so by the Secretary fails or refuses to so report, or, if having reix)rted, the Secretary concludes that any action connected therewith is fraudulent, or capricious or arbitrary or so grossly erroneous as necessaily to imply bad faith, he may request the Attorney General to cause an action to be brought in the name of the United States in the United States District Court for the Central District of California or in any such district court having jurisdiction over the jjerson, or persons, and subject matter, for such relief as may be appropriate, and said courts are hereb}' granted jurisdiction to hear and determine such action. " (d) The Secretary may require any money or property in the M°ney °r P'OP•

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possession of a fiduciary at the time the fiduciary relationship is trust. terminated, or which is recovered pursuant to this Act, to be delivered to him to be held in trust for the individual Indian concerned. "(e) ITnder such regulations as he shall provide, and with the consent of the individual Indian concerned, unless the Secretary determines such Indian to be incompetent by reason of minority or otherwise, in which case such consent shall not be required, the Secretary may use, advance, expend, exchange, deposit, dispose of, invest and reinvest, in any manner and for any purpose, any money or other property held by the United States in trust for such Indian. The Secretary shall make no determination that an adult Indian is in- incompetency. competent except after according him an opportunity to be heard upon reasonable notice, in accordance with the provisions of the Administrative Procedure Act, Unless the Indian otherwise agrees, the hearing ^ use ssi et shall be held in the State of California within sixty days of the date ^^'^' of notice. A jjerson aggrieved by a determination of incompetency ^iew*^^''^^^ '^~ made by the Secretary shall be entitled to judicial review of such determination in accordance with sections 701-706 of title 5, United States Code. ^ so Stat. 392. " (f) Nothing herein shall be deemed to limit any authority possessed by the Secretary under any other provisions of law." Approved October 17, 1968.

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