Vol. V, Laws     (Compiled from December 22, 1927 to June 29, 1938)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1941.

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Chapter 310
June 1, 1938.  | [H. R. 5974.] 52 Stat., 805.

An Act to authorize payments in lieu of allotments to certain Indians of the Klamath Indian Reservation in the State of Oregon, and to regulate inheritance of restricted property within the Klamath Reservation
Section 2 | 3 | 4 | 5 | 6

Margin Notes
Chap. 310 Klamath Indians, Oreg. "Klamath Tribe" construed.
Sec. 2 Payment to each enrolled member who has not received allotment of land.
Sec. 2 Annual installments.
Sec. 2 Proviso. Enrollment requirements. Members born hereafter.
Sec. 3 Deposit of payments to credit of individual Indian money accounts. Authorized expenditures.
Sec. 4 Disposition of balance in event of death.
Sec. 5 Inheritance restriction.
Sec. 5 Proviso. Life interest of surviving spouse.
Sec. 6 Disposition of restricted or trust property upon death without heirs, etc.

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Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That as used in this Act the term "Klamath Tribe" includes the members of the Klamath and Modoc Tribes and the Yahooskin Band of Snakes and

Page 594

all other Indians having rights on the Klamath Indian Reservation in the State of Oregon.

SEC. 2.

Each enrolled member of the Klamath Tribe living on the date of the enactment of this Act who has not received an allotment of land shall be paid the sum of $1,500 from unobligated Klamath tribal funds on deposit in the Treasury of the United States, under such rules and regulations as the Secretary of the Interior shall prescribe in installments of not to exceed $300 per annum: Provided, That no member of the Klamath Tribe who shall not be enrolled within one year from the date of the enactment of this Act shall receive a payment in lieu of allotment. No member of the Klamath Tribe born after the date of the enactment of this Act shall be entitled to receive any allotment of land or money payment in lieu thereof.

SEC. 3.

The payments herein authorized shall be deposited to the credit of the individual Indian money accounts of such Indians subject to expenditure by such Indians, under such rules and regulations as the Secretary of the Interior may prescribe for (1) industrial and agricultural assistance, and the construction and improvement of homes, including the purchase of land and interests in land, building material, farming equipment, industrial equipment, trucks, livestock, feed, food, seed, tools, machinery, implements, household goods, bedding, clothing, and any other equipment or supplies necessary to enable the Indians to fit themselves for or to engage in the farming, livestock industry, or such other industrial or agricultural pursuits or avocations as will enable them to become self-supporting; (2) the educational advancement of such Indians; (3) financial assistance in cases of illness, death, or other emergency; (4) the repayment of reimbursable debts previously contracted; or (5) security for or the repayment of loans made to such Indians from any Klamath revolving loan fund now existent or which shall hereafter be created.

SEC. 4.

In the event of the death of any such Indian entitled to receive a payment in lieu of allotment after the date of the enactment of this Act, any unexpended balance of said $1,500 still due the decedent shall first be applied to the repayment of any loans received by such Indian from the United States or from the Klamath Tribal funds, and the balance thereafter shall be distributed as personal property.

SEC. 5.

Hereafter only enrolled members of the Klamath Tribe of not less than one-sixteenth degree Indian blood of the Klamath Tribe shall inherit or take by devise any restricted or trust property within the Klamath Reservation: Provided, That the surviving spouse shall be entitled to the use of one-half part during his or her natural life of all the land included in any such property whereof the decedent was seized of an estate of inheritance at any time during coverture.

SEC. 6.

If any enrolled member of the Klamath Tribe dies without lawful heirs or devises,1 all interest which such member has in any restricted or trust property within the Klamath Reservation shall revert to and become part of the common tribal property.

Approved, June 1, 1938.

1 So in original


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