An Act to provide for the payment for individual Indian and tribal lands of the Crow Creek Sioux Reservation in South Dakota, required by the United States for the Big Bend Dam and Reservoir project on the Missouri River, and for the rehabilitation, social and economic development of the members of the tribe, and for other purposes
PL 87-735 (H.R.5165), enacted 10/03/1962

704 
PUBLIC LAW 87-735-OCT. 3, 1962 
[76 STAT. 
Public Law 87-735 
Octobers, 1962 
[H. R. 5165] 
AN ACT 
and Reservoir 
project. 
33 u s e 701-1 
et seq. 
To provide for the acquisition of and the payment for individual Indian and 
tribal lands of the Crow Creek Sioux Reservation in South Dakota, required 
by the United States for the Big Bend Dam and Reservoir project on the 
Missouri River, and for the rehabilitation, social, and economic development 
of the members of the tribe, and for other purposes. 
Be it enacted hy the Senate and Home of Representatives 
of the 
Crow Creek 
United States of America in Congress assemhled, That in furtherance 
noT^^D^^ 
of the Big Bend Dam and Reservoir project authorized by the Flood 
Land acquisition Control Act of December 22,1944 (58 Stat. 887, 891)— 
for Big Bend D
a
m 
(a) The entire interest, including gravel but excluding the interest 
in oil, gas, and all other minerals of any nature whatsoever, in approxi-
mately 6,283.57 acres of land within the taking area described in this 
Act in the Crow Creek Sioux Reservation in South Dakota, in which 
the Crow Creek Sioux Tribe or individual Indians have a trust or 
restricted interest, and any interest the tribe or Indians may have 
within the bed of the Missouri River so far as it is within the bound-
aries of the reservation are hereby taken by the United States for 
the Big Bend E>am and Reservoir project on the Missouri River, 
and in consideration thereof and for 132.61 acres of trust or restricted 
lands heretofore acquired by the United States in condemnation pro-
ceedings for the Big Bend project the LTnited States will pay to the 
tribe and the individual Indian owners, out of funds available for 
the Big Bend Dam and Reservoir project— 
(1) a sum aggregating $355,000 to be disbursed in accordance 
with the provisions of schedules prepared pursuant to section 
2(b) of this Act; and 
(2) the amount of $209,302, w^hich shall be in settlement of 
all claims, rights, and demands of the tribe and individual Indians 
arising out of the taking under this Act, to be disbursed in accord-
ance with the provisions of section 2 hereof. 
(b) Upon a determination by the Secretary of the Army, within 
two years from the date of enactment of this Act, filed among the 
appropriate land records of the Department of the Interior, that any 
of the lands described in this Act are not required for Big Bend project 
purposes, title to such land shall be revested in the former owner. 
SEC. 2. (a) The payments authorized by section 1 of this Act, less 
the amounts heretofore deposited by the United States in the case 
entitled United States of America, Plaintiff, against 867.50 acres of 
land, etc., and Crow Creek Tribe of Sioux Indians et al.. Defendants, 
civil numbered 335, filed in the United States District Court for the 
District of South Dakota, for trust property acquired in the taking 
area described in this Act, shall be deposited to the credit of the tribe 
in the Treasury of the LTnited States and shall draw interest on the 
principal at the rate of 4 per centum per annum until expended: Pro-
vided^ That there shall not be deducted from the payments authorized 
by section 1 of this Act amounts deposited as compensation in the 
aforesaid case for improvements located on lands not owned by the 
individual Indian owner of the improvements. 
(b) The amount paid pursuant to section 1(a) (1) of this Act shall 
be allocated in accordance with Indian ownership schedules prepared 
by the Secretary of the Interior, after consultation with the Crow 
Oreek Tribal Council to correct known errors and to insure fair and 
equitable allocation. These schedules shall reflect the amount agreed 
upon by the Secretary of the Army and the Secretary of the Interior 
as the basis for negotiation, after appropriate acreage adjustments, 
increased by a uniform percentage to equal the amount paid. 
The 
Comp en s ation. 
Schedules. 
76 STAT. ] 
PUBUC LAW 87-735-OCT. 3, 1962 
705 
amounts allocated for payment of property owned by individual 
Indians shall be credited to their respective individual Indian money 
accounts. No part of the compensation provided for in section 1 shall 
be subject to any lien, debt, or claim of any nature whatsoever against 
the tribe or the individual Indian owners entitled to the compensation, 
except delinquent debts owed to the United States by the tribe, or 
delinquent debts owed to the tribe or to the United States by the indi-
vidual Indians entitled to the compensation: Provided, That such 
compensation shall not be applied to the payment of such delinquent 
debts unless the Secretary of the Interior first determines and certifies 
that no hardship will result from the payment of such delinquent 
debts. 
(c) The tribal council with the approval of the Secretary of the 
Interior shall make available from the funds authorized by section 
1(a) (2) of this Act not to exceed $77,650, to pay the expenses, costs, 
losses, and damages incurred by members of the tribe as a direct 
result of moving themselves and their possessions, including dwellings 
and other buildings owned by the individual members, on account of 
the acquisition referred to in section 1 of this Act. The balance of the 
amount paid pursuant to section 1(a) (2) shall be consolidated with 
the appropriation authorized by section 3 of this Act and shall be 
expended in accordance with the provisions of section 3, 
SEO. 3. There is authorized to be appropriated the additional sum 
Economic and 
of $3,802,500 which shall be deposited in the Treasury of the United s°<=iai conditions. 
States to the credit of the tribe and which shall draw interest on the 
"P'"°''*™^"*-
principal at the" rate of 4 per centum per annum until expended, for 
the purposes of developing individual and family plans, relocating, 
reestablishing, and providing other assistance designed to improve the 
economic and social conditions of enrolled members of the tribe on 
the date of enactment of this Act. 
The funds authorized by this 
section shall be expended in accordance with plans and programs ap-
proved by both the tribal council and the Secretary of the Interior: 
Provided^ That $400,000 shall be allocated exclusively for industrial 
development on the reservation or within fifty miles of any exterior 
boundary of the reservation with preferential right of employment for 
members of the tribe. Nothing in this Act shall be construed to pre-
vent cooperative action with the Lower Brule Sioux Tribe on indus-
trial development or other programs: And frovided further^ That no 
part of such funds shall be used for per capita payments, or for the 
purchase of land by the tribe except for the purpose of resale to indi-
vidual Indians in furtherance of the rehabilitation program authorized 
by this section, which resale is hereby authorized. 
SEC. 4. The Secretary of the Army, out of funds appropriated for 
Indian ceme-
the Big Bend project other than funds provided by this Act, is au- ^a'/j^n' ^^^'' '*^°' 
thorized and directed to relocate and reestablish such Indian ceme-
teries, tribal monuments, and shrines within the taking area of the 
Big Bend project as the tribal council, with the approval of the 
Secretary of the Interior, shall select and designate: Provided^ That 
reinterment of individual remains, but not entire cemeteries, outside 
the reservation boundaries is authorized if desired by the next of kin 
and approved by the tribal council, but in no event will reinterment 
be made to a site which exceeds the equivalent distance from the 
disinterment site to the farthest point at which reinterment could 
be made within the reservation boundaries. 
SEC. 5. The Secretary of the Army is authorized and directed out 
Government and 
of funds appropriated for the Big Bend project other than funds agency facilities. 
provided by this Act to protect, replace, relocate^ or reconstruct any 
existing essential governmental and agency facilities on the reserva-
tion, including schools, hospitals, Public Health Service and Bureau 
78135 0-63—48 
706 
PUBLIC LAW 87-735-OCT. 3, l%2 
[76 
STAT. 
Townsite, con-
struction. 
Mineral res-
ervation. 
Vacating, ef-
fective date. 
Timber, etc. 
of Indian Affairs offices, facilities, service buildings, and employees' 
quarters, roads, bridges, and incidental matters or facilities in con-
nection therewith, which the Secretary of the Interior determines will 
be impaired or required by reason of the Big Bend project: Pro'vided^ 
however, That the design criteria employed shall be reasonably com-
parable to that of the presently existing roads, bridges, and facilities. 
SEC. 6. The Secretary of the Army, under plans approved by the 
Secretar}^ of the Interior after consultation with the Crow Creek Tribal 
Council, is authorized and directed out of funds appropriated for the 
Big Bend project other than funds provided by this Act, to locate and 
construct on tribal land selected by the Crow Creek Tribal Council 
Avith the approval of the Secretary of the Interior, a townsite adequate 
for fifty homes, including streets, utilities, including water, sewage, 
and electricity, taking into account the reasonable future growth of 
the townsite, a community center containing space and facilities for 
community gatherings, tribal offices, tribal council chamber. Bureau 
of Indian Affairs and Public Health Service offices and quarters and 
a combination gymnasium and auditorium: Provided^ That not to 
exceed $350,000 shall be withdrawn from funds of the tribe authorized 
under section 3 of this Act, and transferred to funds available for the 
Big Bend Dam and Eeservoir project upon request of the Secretary of 
tlie Armj/^ after completion of the work. 
The tribal council is authorized with the approval of the Secretary 
of the Interior (a) to convey, with or without compensation, tribal 
land, exclusive of minerals, for church or cemetery purposes for so long 
as the land is used for such purposes, and (b) to sell unimproved lots 
in the townsite, exclusive of minerals, at competitive sale to the highest 
qualified bidder but for not less than the appraised value, pursuant to 
such terms and conditions as the Secretary may prescribe. 
SEC. 7. AU minerals of any kind whatsoever, including oil and gas, 
but excluding gravel, in the lands taken by this Act are hereby reserved 
for the benefit of the tribe or individual Indian owners as tneir inter-
ests may appear. 
All right, title, and interest of the United States in 
such minerals in trust or restricted land heretofore acquired by the 
United States for the Big Bend project, are hereby revested in the 
former owners. All such minerals in trust or restricted land hereafter 
acquired by the LTnited States for the Big Bend project shall be 
reserved for the benefit of the owners as their interests may appear. 
Notwithstanding the foregoing provisions of this section the explora-
tion and development of such minerals, including oil and gas, within 
the taking area shall be subject to all reasonable regulations of the 
Secretary of the Army necessary for the protection of the Big Bend 
project. 
SEC. 8. Members of the Crow Creek Sioux Tribe now residing within 
the taking area of the Big Bend project shall have the right without 
charge to remain on and use the lands taken by this Act until required 
to vacate at such times as may be fixed by the Secretary of the Army, 
with the approval of the Secretary of the Interior: Provided, That 
the time for vacating in any event will not extend beyond July 1, 
1963. 
. 
SEC. 9. Individual Indians and. the tribe are authorized without 
charge to retain timber and improvements removed by them from 
their respective trust or restricted lands on the reservation acquired 
by this Act and heretofore acquired by the United States for the Big 
Bend project. Up to sixty days before the individual Indian land-
owners and the tribe are required to vacate the taking area in accord-
ance with this Act, they shall have the right, without charge, to cut 
and remove all timber and to salvage any improvements on their 
respective lands but, if such rights are not exercised or are waived 
76 STAT. ] 
PUBLIC LAW 87-735-OCT. 3, 1%2 
707 
within the time prescribed, the tribe, through its tribal council, may 
exercise such rights: Provided^ That the timber cut and the salvage 
permitted by this section shall not be construed to be compensation. 
SEC. 10. Subject to the right of the United States to occupy, use, and 
Grazing privi-
control trust and restricted lands acquired by this Act and heretofore ^^z^^-
acquired in condemnation action civil numbered 335 for the construc-
tion, operation, and maintenance of the Big Bend Dam and Reservoir 
project pursuant to the Flood Control Act of 1944, approved December 
22, 1944, and amendatory laws, as determined necessary by the Secre- 
33 use 701-1 
tary of the Army adequately to serve said purposes, the Crow Creek «' ««» 
Sioux Tribe shall be permitted, after the Big Bend Dam gates are 
closed and the waters of the Missouri River impounded, to graze 
stock without charge on such of the land described in this section as 
lies between the level of the reservoir and the taking line described 
in section 16 of this Act and as the Secretary of the Army determines 
is not devoted to other beneficial uses and to lease such land for graz-
ing purposes to members or nonmembers of the tribe on such terms 
and conditions as the Secretary of the Interior may prescribe. 
The 
tribe and membsrs thereof shall have without cost the right of free 
Hunting and 
access to the shoreline of the reservoir including the right to hunt and "^hing rights, 
fish in and on the aforesaid shoreline and reservoir, subject, however, 
to regulations governing the corresponding use by other citizens of 
the United States. 
SEC. 11. Notwithstanding any other provision of law, for the pur- 
Purchase and 
poses of (1) providing substitute land for individual Indians who ^^le of land. 
owned land within the taking area of the Fort Randall or Big Bend 
projects, (2) consolidating land holdings, and (3) eliminating frac-
tionated heirship interests within the reservation, the Secretary of the 
Interior is authorized to purchase, with funds made available by such 
individual Indians or by the tribe, land or interests in land, and'to 
sell tribal land upon request of the tribe, but no service charge shall be 
made by the ITnited States, 
The land selected by and purchased for 
individual Indians may be either inside or outside the boundaries of 
the reservation. 
Title to any land or interests in land acquired within 
the boundaries of the reservation shall be taken in the name of the 
United States in trust for the tribe or the individual Indian for whom 
the land is acquired, and title to any land or interests in land acquired 
outside the boundaries of the reservation shall be taken in the name 
of the individual for whom it is acquired: Pfovided^ That title to lands 
outside the exterior boundaries of the reservation acquired by the tribe 
shall be taken in the name of the tribe subject to a restriction against 
alienation without the consent of the Secretary of the Interior, but 
shall not be exempt from taxation. 
For the purposes of this section, but without limiting the authority 
Partition or 
contained in the Act of June 25, 1910 (36 Stat. 855), as amended, the sale of individ-
Secretary of the Interior is authorized to partition or sell individually "^^^s vsc^\5^z72. 
owned lands in which all interests are hem in trust or restricted status 
(1) upon the request of the owners of not less than a 25 per centum 
interest in such land where ten persons or more own or claim interests 
in the land, or (2) upon the request of the owners of not less than a 50 
per centum interest in such land where fewer than ten persons own or 
claim interests in the land. For the purpose of this section, the Secre-
tary of the Interior may represent any Indian owner who is a minor 
or who is under any other legal disability, and the Secretary, after 
first giving reasonable notice by publication of the proposed sale, is 
authorized to represent any Indian ow^ner or claimant who cannot be 
located after reasonable and diligent search. Sales of all Indian trust 
or restricted interests in land shall be in accordance with the following 
procedure: 
708 
Procedure. 
PUBLIC LAW 87-735-OCT. 3, 1962 
[76 STAT. 
Sale at 
auction. 
Power of 
attorney. 
Fees and ex-
penses. 
Notice of 
rejection. 
(a) Upon receipt of requests from the required ownership interests, 
the Secretary shall notify the tribe and each owner of an undivided 
Indian interest in the land by a letter directed to his last known ad-
dress that each such owner and the tribe has a right to purchase the 
land for its appraised value, unless one of the owners objects within 
the time fixed by the Secretary, or for a lower price if all of the owners 
agree, and that if more than one OAvner or if one owner and the tribe 
wants to purchase the land it will be sold on the basis of sealed com-
petitive bids restricted to the owners of undivided interests in the 
land and the tribe. 
(b) If no Indian owner of an undivided interest in the land elects 
to purchase the land within the time fixed by the Secretary, and the 
tribe owns no interest in the land, the Secretary shall offer to sell the 
land at its appraised value to the tribe, unless one of the Indian owners 
or his authorized representative objects within the time fixed by the 
Secretary to a sale to the tribe at the appraised value. 
(c) If any Indian owner or his authorized representative objects 
to a sale to the tribe at the appraised value, the Secretary shall offer 
the land for sale by sealed competitive bid with a preferential right 
in the tribe or any Indian owner to meet the high bid, unless one of 
the Indian owners or his authorized representative objects within the 
time fixed by the Secretary to the grant of such preferential right. 
All bids shall be rejected if no bid substantially equal to the appraised 
value is received. 
(d) If any Indian owner or his authorized representative objects 
to a sale by sealed competitive bid with a preferential right to meet the 
high bid, the Secretary shall offer the land for sale by sealed bids 
without such preferential right: Provided^ That, if at any time before 
sealed bids are invited the tribe or one of the Indian owners asks that 
the land be sold at auction, then after notice to all interested parties 
including the tribe, the land shall be sold at auction immediately after 
the opening of the sealed bids and auction bidding shall be limited 
to the Indian owners, the tribe, and persons who submitted sealed bids 
in amounts not less than 75 per centum of the appraised value of the 
land. The highest sealed bid shall be considered the opening auction 
bid. No sale shall be made unless the price is equal to the highest 
sealed bid and substantially equal to the appraised value. 
(e) The Secretary may, when he deems it in the best interests of tlie 
Indian owners, obtain a power of attorney from the owner of a non-
Indian interest in the land to be sold authorizing the Secretary to sell 
and convey the interest of the non-Indian owner in accordance with 
any part of the procedure provided in this section. 
SEC, 12. The Secretary of the Treasury, upon certification by the 
Secretary of the Interior, shall reimburse the tribe for fees and 
expenses incurred in connection with the taking of Indian lands within 
the reservation for the Big Bend project: Provided^ That such reim-
bursable fees and expenses shall not exceed in the aggregate $75,000: 
Prov'ded further^ That attorney fees shall be paid under the terms of 
a contract approved by the Secretary of the Interior. 
SEC. 13. (a) Any individual Indian who has been duly tendered 
payment in accordance with the schedules prepared pursuant to sec-
tion 2(b) of this Act, shall have the right to reject the sum tendered 
by filing a notice of rejection with the Chief of Engineers, United 
States Army, Washington, District of Columbia, or with the super-
intendent of the Pierre Indian Agency, Pierre, South Dakota, within 
one year from the date of enactment of this Act or within ninety days 
after the tender is made, whichever date is later. For the purpose of 
this section, the Secretary of the Interior and the tribe are authorized 
to represent any Indian entitled to payment who is a minor, or under 
76 STAT.] 
PUBLIC LAW 87-735-OCT. 3, 1962 
709 
Offset Of 
counterclaims. 
any other legal disability, or who cannot be located after a reasonable 
and diligent search, and any person who is an undetermined heir or 
devisee of a deceased Indian. 
(b) If the land of any Indian rejecting payment is included in 
District court, 
condemnation proceedings heretofore instituted, the court in those jurisdiction. 
proceedings shall proceed to determine the just compensation to which 
the individual is entitled and, if the land is not included in such 
condemnation proceedings, jurisdiction is hereby conferred upon the 
United States District Court for the District of South Dakota to 
determine just compensation in accordance with procedures applicable 
to the determination of just compensation in condemnation proceed-
ings. 
No court or statutory costs but all other costs and expenses 
including attorney's fees shall be at the contesting individual's expense. 
Suit may be brought on behalf of any individual rejecting payment 
within one year after the date of the rejection. If a notice of rejection 
of the tender of payment is filed, at least 10 per centum of the tender 
deposited in the individual Indian money account shall be withheld 
from disbursement pending a final determination under this subsection. 
SEC. 14. No part of any expenditure made by the United States 
under any of the provisions of this Act shall be charged by the United 
States as an offset or counterclaim against any tribal claim against the 
United States which has arisen prior to the date of enactment of this 
Act. The payment of Sioux benefits as provided for in section 17 
of the Act of March 2, 1889 (26 Stat. 888), as amended, shall be con-
tinued under the provisions of section 14 of the Indian Reorganization 
Act of June 18, 1934 (48 Stat. 984), on the basis now in operation 
without regard to the loss of tribal land within the taking area for the 
Big Bend project. 
SEC. 15. There are hereby authorized to be appropriated such 
amounts as may be necessary for the purposes of this Act. 
SEC. 16. The land taken by section 1 of this Act, embracing approxi-
mately 6,283.57 acres, and the land heretofore acquired in condemna-
tion proceedings by civil numbered 335, embracing approximately 
132.61 acres,' are the lands identified and delimited on a map entitled, 
"A map delimiting tribal and individual Indian trust and restricted 
land or the Crow Creek Sioux Reservation acquired'by the United 
States for the Big Bend Dam and Reservoir project for the sum of 
$355,000". Legal descriptions of the lands shown therein shall be pre-
pared by the Secretary of the Armv and attached thereto. The map 
and descriptions shall be prepared by the Secretary of the Army and 
shall be filed among the land records of the Bureau of Indian Affairs 
in Washington, District of Columbia, and a duplicate original filed 
and maintained at the agency in Pierre, South Dakota. A true and 
correct copy of the map and descriptions shall be furnished without 
cost to the tribe. The Secretary of the Army shall prepare and furnish 
the Secretary of the Interior and the tribe tract by tract legal descrip-
tions of trust and restricted land acquired by this Act within two years 
of enactment of this Act: Provided^ That within ninety days after 
notice of rejection is filed pursuant to subsection 13(a) the Secretary 
of the Army shall furnish to the individual Indian and to the Super-
intendent of the Pierre Indian Agency a legal description of the lands 
covered by the rejection. 
SEC. 17. All funds authorized by this Act paid to the tribe and in-
dividual Indians shall be exempt from all forms of State and Fejderal 
taxation. 
25 u s e 474. 
Appropriation. 
Legal land 
descriptions. 
Tax exemption. 
710 
PUBLIC L
A
W 87-736-OCT. 3, 1962 
[76 STAT. 
Lessee or 
permittee, 
reimbursement. 
SEC. 18. The Secretary of the Army is authorized and directed to 
pay to a-ny bona fide lessee or permittee owning improvements situated 
on Indian tribal land the fair value, as determined by the Secretary, 
or by a court of competent jurisdiction, of any such improvements 
which will be rendered inoperative or be otherwise adversely affected 
by the construction of the Big Bend Dam and Keservoir project. 
Approved October 3, 1962. 
Octobers, 1962 
[S.J. Res. 224] 
Armed Forces. 
Ready Reserve, 
active duty. 
Extension of 
military service. 
10 OSC 263 
note. 
Public Law 87-736 
JOINT RESOLUTION 
To authorize the President to order units and members in the Ready Reserve to 
active duty for not more than twelve months, and for other purposes. 
Resolved hy the Senate and House of Representatives of the United 
States of America in Congress assembled^ That, notwithstanding any 
other provision of law, until February 28, 1963, the President may, 
without the consent of the persons concerned, order any unit, or any 
member, of the Ready Reserve of an armed force to active duty for 
not more than twelve consecutive months. However, not more than 
one hundred and fifty thousand members of the R^ady Reserve may be 
on active duty (other than for training), without their consent, under 
this section at any one time. 
SEC. 2. Notwithstanding any other provision of law, until February 
28, 1963, the President may authorize the Secretary of Defense to 
extend enlistments, appointments, periods of active duty, periods of 
active duty for training, periods of obligated service or other military 
status, in any component of an armed force or in the National Guard 
that expire before February 28,1963, for not more than twelve months. 
However, if the enlistment of a member of the Ready Reserve who is 
ordered to active duty under the first section of this Act would expire 
after February 28,1963, but before he has served the entire period for 
which he was so ordered to active duty, his enlistment may be ex-
tended until the last day of that period. 
SEC. 3. No member of the Ready Reserve who was involuntarily 
ordered to active duty or whose period of active duty was extended 
under the Act of August 1, 1961, Public Law 87-117 (75 Stat. 242), 
may be involuntarily ordered to active duty under this Act. 
Approved October 3, 1962. 
Octobers, 1962 
[S. 1291] 
D. C. Traffic 
Act, 1925, amend-
ment. 
Public Law 87-737 
AN ACT 
To amend the District of Columbia Traffic Act, 1925, as amended, to increase 
the fee charged for learners' permits. 
Be it enacted J)y the Seriate and House of Representatives of the 
United States of America in Congress a^serribled^ That subsection 
(a) (2) of section 7 of the District of Columbia Traffic Act, 1925 (43 
Stat. 1121), as amended (62 Stat. 173; 68 Stat. 732; sec. 40-301 (a) (2), 
District of Columbia Code, 1951 edition), be amended by striking 
"$1" and inserting in lieu thereof "$2". 
Approved October 3, 1962.