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U.S. Code as of:
01/19/04
Section 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.
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