§ 564d TITLE 25—INDIANS Page 212

§ 564d. Management specialists

(a) Employment; duties

The Secretary is authorized and directed to select and retain by contract, at the earliest practicable time after August 13, 1954 and after consultation with the tribe at a general meeting

called for that purpose, the services of qualified

management specialists who shall—

(1) cause an appraisal to be made, within not

more than twelve months after their employment, or as soon thereafter as practicable, of

all tribal property showing its fair market

value by practicable logging or other appropriate economic units;

(2) immediately after the appraisal of the

tribal property and approval of the appraisal

by the Secretary, give to each member whose

name appears on the final roll of the tribe an

opportunity to elect to withdraw from the

tribe and have his interest in tribal property

converted into money and paid to him, or to

remain in the tribe and participate in the tribal management plan to be prepared pursuant

to paragraph (5) of this subsection; in the case

of members who are minors, persons declared

incompetent by judicial proceedings, or deceased, the opportunity to make such election

on their behalf shall be given to the person

designated by the Secretary as the person best

able to represent the interests of such member: Provided, however, That any member, or

any heir or any devisee of any deceased member, for whom the Secretary has so designated

a representative may (on his own behalf,

through his natural guardian, or next friend)

within one hundred and twenty days after receipt of written notice of such secretarial designation, contest the secretarial designation

in any naturalization court for the area in

which such member resides, by filing of a petition therein requesting designation of a named

person other than the secretarial designee,

and the burden shall thereupon devolve upon

the Secretary to show cause why the memberdesignated representative should not represent

the interests of such member, and the decision

of such court shall be final and conclusive;

(3) determine and select the portion of the

tribal property which if sold at the appraised

value would provide sufficient funds to pay the

members who elect to have their interests

converted into money, arrange for the sale of

such property, and distribute the proceeds of

sale among the members entitled thereto: Provided, 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 who has elected to withdraw from the tribe may apply toward the purchase price up to 100 per centum of the amount

estimated by the Secretary to be due him from

the sale or taking of forest and marsh land

pursuant to subsection (b), (d), and (f) of section 564w–1 of this title, and up to 75 per centum of the amount estimated by the Secretary

to be due him from the conversion of his interest in other tribal property; and if more than

one right is exercised to purchase the same

property pursuant to this proviso the property

shall be sold to one of such persons on the

basis of competitive bids: Provided further,

That when determining and selecting the portion of the tribal property to be sold, due consideration shall be given to the use of such

property for grazing purposes by the members

of both groups of the tribe;

(4) cause such studies and reports to be made

as may be deemed necessary or desirable by

the tribe or by the Secretary in connection

with the termination of Federal supervision as

provided for in this subchapter; and

(5) cause a plan to be prepared in form and

content satisfactory to the members who elect

to remain in the tribe and to the Secretary for

the management of tribal property through a

trustee, corporation, or other legal entity. If

no plan that is satisfactory both to the members who elect to remain in the tribe and to

the Secretary has been prepared six months

before the time limit provided in section

564e(b) of this title the Secretary shall adopt a

plan for managing the tribal property, subject

to the provisions of section 564n of this title.

(b) Availability of funds for expenditures; reimbursement of tribal funds

Such amounts of Klamath tribal funds as may

be required for the purposes of this section shall

be available for expenditure by the Secretary. In

order to reimburse the tribe, in part, for expenditure of such tribal funds as the Secretary deems

necessary for the purposes of carrying out the

requirements of this section, there is authorized

to be appropriated out of any money in the

Treasury not otherwise appropriated, an amount

equal to one-half of such expenditures from tribal funds, or the sum of $550,000, whichever is the

lesser amount.

(Aug. 13, 1954, ch. 732, §5, 68 Stat. 718; Pub. L.

85–132, §1(b), (d), (e), (g), Aug. 14, 1957, 71 Stat.

347, 348; Pub. L. 85–731, §§6–8, Aug. 23, 1958, 72

Stat. 819.)

AMENDMENTS

1958—Subsec. (a)(3). Pub. L. 85–731, §§6, 7, struck out

first proviso requiring that funds payable to the withdrawing members be distributed as each $200,000 accumulates, and substituted ‘‘who has elected to withdraw

from the tribe may apply toward the purchase price up

to 100 per centum of the amount estimated by the Secretary to be due him from the sale or taking of forest

and marsh lands pursuant to subsections (b), (d), and (f)

of section 564w–1 of this title, and up to 75 per centum

of the amount estimated by the Secretary to be due

him from the conversion of his interest in other tribal

property’’ for ‘‘may apply toward the purchase price all

or any part of the sum due him from the conversion of

his interest in tribal property’’ in second proviso.

Subsec. (a)(5). Pub. L. 85–731, §8, inserted sentence to

provide that if no plan is satisfactory both to the members who elect to remain in the tribe and to the Secretary, the Secretary shall adopt a management plan.

1957—Subsec. (a)(2). Pub. L. 85–132, §1(d), provided

that the time of election to withdraw be given after the

appraisal is approved by the Secretary, and provided

for election on behalf of minors, incompetents, or deceased persons by designee of Secretary.

Subsec. (a)(3). Pub. L. 85–132, §1(e), in second proviso

provided that any person whose name appears on the
Page 213 TITLE 25—INDIANS § 564f

final roll of the tribe, may purchase for his own account, but not as an agent for others, any such property in lots as offered for sale, and provided that if

more than one right is exercised to purchase the same

property, it be sold on the basis of competitive bids.

Subsec. (a)(5). Pub. L. 85–132, §1(g), substituted

‘‘members who elect to remain in the tribe’’ for

‘‘tribe’’.

Subsec. (b). Pub. L. 85–132, §1(b), provided for partial

reimbursement of the tribe for expenditures of tribal

funds under this section, authorization of appropriation

of the lesser of amount equal to one-half of such expenditures, or $550,000, in lieu of former provisions

which charged expenses incident to par. (3) to members

who withdraw from tribe, charged expenses under pars.

(4) and (5) to members who remain in tribe, and charged

all other expenses under this section to interests of

both groups of members.

COMPENSATION FOR SERVICES PERTAINING TO

ENACTMENT PROHIBITED

Section 3 of Pub. L. 85–731 provided that: ‘‘No funds

distributed pursuant to section 5 of the Act of August

13, 1954, as amended [this section], to members who

withdraw from the tribe shall be paid to any person as

compensation for services pertaining to the enactment

of said Act or amendments thereto [this subchapter]

and any person making or receiving such payments

shall be guilty of a misdemeanor and shall be imprisoned for not more than six months and fined not more

than $500.’’

TERMINATION OF CONTRACT WITH MANAGEMENT

SPECIALISTS BY SECRETARY OF THE INTERIOR

Section 4 of Pub. L. 85–731 provided that: ‘‘The Secretary of the Interior is directed to terminate the contract between him and the management specialists by

giving immediately the sixty-day notice required by

paragraph 18 of such contract. When the contract is

terminated, all of the functions of the management

specialists under section 5 of the Act of August 13, 1954,

as amended [this section], shall be performed by the

Secretary.’’

PROVISIONS REQUIRING ELECTION TO WITHDRAW OR REMAIN IN TRIBE FOLLOWING APPRAISAL AS UNAFFECTED

Section 5 of Pub. L. 85–731 provided that: ‘‘Nothing in

this Act shall in any way modify or repeal the provisions of subsection 5(a) of the Act of August 13, 1954, 68

Stat. 718), as amended [subsec. (a) of this section], providing for and requiring members of the Klamath Tribe

to elect to withdraw from or remain in the tribe, following the appraisal of the tribal property.’’

CEMETERIES WITHIN RESERVATION

Section 9 of Pub. L. 85–731 provided that: ‘‘Except as

provided below the provisions of the Act of August 13,

1954 (68 Stat. 718), as amended [this subchapter], shall

not apply to cemeteries within the reservation. The

Secretary is hereby authorized and directed to transfer

title to such properties to any organization authorized

by the tribe and approved by him. In the event such an

organization is not formed by the tribe within eighteen

months following enactment of this Act [August 23,

1958], the Secretary is directed to perfect the organization of a nonprofit entity empowered to accept title

and maintain said cemeteries, any costs involved to be

subject to the provisions of section 5(b) of said Act of

August 13, 1954, as amended [subsec. (b) of this section].’’

DEFERRAL OF TIME FOR SALES OF TRIBAL PROPERTY

Sales of tribal property made pursuant to subsec.

(a)(3) of this section or section 564e of this title as deferred until the adjournment of the second session of

the Eighty-fifth Congress, see note set out under section 564e of this title.

CROSS REFERENCES

Minors’ and incompetents’ rights, protection, see section 564n of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 564e, 564w–1 of

this title.

§ 564e. Sale of tribal property

(a) Transfer procedure

The Secretary is authorized and directed to

execute any conveyancing instrument that is

necessary or appropriate to convey title to tribal property to be sold in accordance with the

provisions of paragraph (3) of subsection (a) of

section 564d of this title, and to transfer title to

all other tribal property to a trustee, corporation, or other legal entity in accordance with

the plan prepared pursuant to paragraph (5) of

subsection (a) of section 564d of this title.

(b) Time limitation

It is the intention of the Congress that all of

the actions required by section 564d of this title

and this section shall be completed at the earliest practicable time and in no event later than

seven years from August 13, 1954.

(c) Effect on tribal members selling interests

Members of the tribe who receive the money

value of their interests in tribal property shall

thereupon cease to be members of the tribe: Provided, That nothing shall prevent them from

sharing in the proceeds of tribal claims against

the United States.

(Aug. 13, 1954, ch. 732, §6, 68 Stat. 719; Pub. L.

85–132, §1(c), Aug. 14, 1957, 71 Stat. 347; Pub. L.

85–731, §10, Aug. 23, 1958, 72 Stat. 819.)

AMENDMENTS

1958—Subsec. (b). Pub. L. 85–731 substituted ‘‘seven

years’’ for ‘‘six years’’.

1957—Subsec. (b). Pub. L. 85–132 substituted ‘‘six

years’’ for ‘‘four years’’.

DEFERRAL OF TIME FOR SALES OF TRIBAL PROPERTY

Section 27 of act Aug. 13, 1954, ch. 732, as added by

Pub. L. 85–132, §1(a), provided that: ‘‘Notwithstanding

any other provisions of this Act [this subchapter], no

sales of tribal property shall be made pursuant to paragraph (3) of subsection (a) of section 5, or section 6 of

this Act [section 564d(a)(3) of this title or this section]

prior to the adjournment of the second session of the

Eighty-fifth Congress.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 564c, 564d,

564w–1, 861a of this title.

§ 564f. Per capita payments to tribal members

The Secretary is authorized and directed, as

soon as practicable after the passage of this subchapter, to pay from such funds as are deposited

to the credit of the tribe in the Treasury of the

United States, $250 to each member of the tribe

on the rolls of the tribe on August 13, 1954. Any

other person whose application for enrollment

on the rolls of the tribe is subsequently approved, pursuant to the terms of section 564b of

this title, shall, after enrollment, be paid a like

sum of $250: Provided, That such payments shall

be made first from the capital reserve fund created by section 530 of this title.