
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC564d]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
   SUBCHAPTER XIII--KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION
 
Sec. 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 member-designated 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, Sec. 5, 68 Stat. 718; Pub. L. 85-132, 
Sec. 1(b), (d), (e), (g), Aug. 14, 1957, 71 Stat. 347, 348; Pub. L. 85-
731, Secs. 6-8, Aug. 23, 1958, 72 Stat. 819.)


                               Amendments

    1958--Subsec. (a)(3). Pub. L. 85-731, Secs. 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, Sec. 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, Sec. 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, Sec. 1(e), in second proviso 
provided that any person whose name appears on the 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, Sec. 1(g), substituted ``members who 
elect to remain in the tribe'' for ``tribe''.
    Subsec. (b). Pub. L. 85-132, Sec. 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 564e, 564w-1 of this title.
