|
U.S. Code as of:
01/19/04
Section 564w-1. Klamath Indian Forest and Klamath Marsh
Notwithstanding the provisions of sections 564d and 564e of this
title, and all Acts amendatory thereof -
(a) Designation of boundaries
The tribal lands that comprise the Klamath Indian Forest, and
the tribal lands that comprise the Klamath Marsh, shall be
designated by the Secretary of the Interior and the Secretary of
Agriculture, jointly.
(b) Sales; terms and conditions
The portion of the Klamath Indian Forest that is selected for
sale pursuant to section 564d(a)(3) of this title to pay members
who withdraw from the tribe shall be offered for sale by the
Secretary of the Interior in appropriate units, on the basis of
competitive bids, to any purchaser or purchasers who agree to
manage the forest lands as far as practicable according to
sustained yield procedures so as to furnish a continuous supply
of timber according to plans to be prepared and submitted by them
for approval and inclusion in the conveyancing instruments in
accordance with specifications and requirements referred to in
the invitations for bids: Provided, That no sale shall be for a
price that is less than the realization value of the units
involved determined as provided in subsection (c) of this
section. The terms and conditions of the sales shall be
prescribed by the Secretary. The specifications and minimum
requirements to be included in the invitations for bids, and the
determination of appropriate units for sale, shall be developed
and made jointly by the Secretary of the Interior and the
Secretary of Agriculture. Such plans when prepared by the
purchaser shall include provisions for the conservation of soil
and water resources as well as for the management of the timber
resources as hereinbefore set forth in this section. Such plans
shall be satisfactory to and have the approval of the Secretary
of Agriculture as complying with the minimum standards included
in said specifications and requirements before the prospective
purchaser shall be entitled to have his bid considered by the
Secretary of the Interior and the failure on the part of the
purchaser to prepare and submit a satisfactory plan to the
Secretary of Agriculture shall constitute grounds for rejection
of such bid. Such plans shall be incorporated as conditions in
the conveyancing instruments executed by the Secretary and shall
be binding on the grantee and all successors in interest. The
conveyancing instruments shall provide for a forfeiture and a
reversion of title to the lands to the United States, not in
trust for or subject to Indian use, in the event of a breach of
such conditions. The purchase price paid by the grantee shall be
deemed to represent the full appraised fair market value of the
lands, undiminished by the right of reversion retained by the
United States in a nontrust status, and the retention of such
right of reversion shall not be the basis for any claim against
the United States. The Secretary of Agriculture shall be
responsible for enforcing such conditions. Upon any reversion of
title pursuant to this subsection, the lands shall become
national forest lands subject to the laws that are applicable to
lands acquired pursuant to the Act of March 1, 1911 (36 Stat.
961), as amended.
(c) Appraisals; notice to Congressional committees;
appropriation; realization value; report to Congressional
committees
Within sixty days after August 23, 1958 the Secretary of the
Interior shall contract by negotiation with three qualified
appraisers or three qualified appraisal organizations for a
review of the appraisal approved by the Secretary pursuant to
section 564d(a)(2) of this title. In such review full
consideration shall be given to all reasonably ascertainable
elements of land, forest, and mineral values. Not less than
thirty days before executing such contracts the Secretary shall
notify the chairman of the House Committee on Interior and
Insular Affairs and the chairman of the Senate Committee on
Interior and Insular Affairs of the names and addresses of the
appraisers selected. The cost of the appraisal review shall be
paid from tribal funds which are made available for such purpose,
subject to full reimbursement by the United States, and the
appropriation of funds for that purpose is authorized. Upon the
basis of a review of the appraisal heretofore made of the forest
units and marsh lands involved and such other materials as may be
readily available, including additional market data since the
date of the prior appraisal, but without making any new and
independent appraisal, each appraiser shall estimate the fair
market value of such forest units and marsh lands as if they had
been offered for sale on a competitive market without limitation
on use during the interval between the adjournment of the
Eighty-fifth Congress and the termination date specified in
section 564e(b) of this title. This value shall be known as the
realization value. If the three appraisers are not able to agree
on the realization value of such forest units and marsh lands,
then such realization values shall be determined by averaging the
values estimated by each appraiser. The Secretary shall report
such realization values to the chairman of the House Committee on
Interior and Insular Affairs and to the chairman of the Senate
Committee on Interior and Insular Affairs not later than January
15, 1959. No sale of forest units that comprise the Klamath
Indian Forest designated pursuant to subsection (a) of this
section shall be made under the provisions of this subchapter
prior to April 1, 1959.
(d) Unsold forest units and marsh lands; title after publication
in Federal Register; aggregate realization value; appropriation
If all of the forest units offered for sale in accordance with
subsection (b) of this section are not sold before April 1, 1961,
the Secretary of Agriculture shall publish in the Federal
Register a proclamation taking title in the name of the United
States to as many of the unsold units or parts thereof as have,
together with the Klamath Marsh lands acquired pursuant to
subsection (f) of the section, an aggregate realization value of
not to exceed $90,000,000, which shall be the maximum amount
payable for lands acquired by the United States pursuant to this
subchapter. Compensation for the forest lands so taken shall be
the realization value of the lands determined as provided in
subsection (c) of this section, unless a different amount is
provided by law enacted prior to the proclamation of the
Secretary of Agriculture. Appropriation of funds for that purpose
is authorized. Payment shall be made as soon as possible after
the proclamation of the Secretary of Agriculture. Such lands
shall become national forest lands subject to the laws that are
applicable to lands acquired pursuant to the Act of March 1, 1911
(36 Stat. 961), as amended. Any of the forest units that are
offered for sale and that are not sold or taken pursuant to
subsection (b) or (d) of this section shall be subject to sale
without limitation on use in accordance with the provisions of
section 564d of this title.
(e) Sale of retained lands to Secretary of Agriculture
If at any time any of the tribal lands that comprise the
Klamath Indian Forest and that are retained by the tribe are
offered for sale other than to members of the tribe, such lands
shall first be offered for sale to the Secretary of Agriculture,
who shall be given a period of twelve months after the date of
each such offer within which to purchase such lands. No such
lands shall be sold at a price below the price at which they have
been offered for sale to the Secretary of Agriculture, and if
such lands are reoffered for sale they shall first be reoffered
to the Secretary of Agriculture. The Secretary of Agriculture is
authorized to purchase such lands subject to such terms and
conditions as to the use thereof as he may deem appropriate, and
any lands so acquired shall thereupon become national forest
lands subject to the laws that are applicable to lands acquired
pursuant to the Act of March 1, 1911 (36 Stat. 961), as amended.
(f) Klamath Marsh National Wildlife Refuge; appropriation
The lands that comprise the Klamath Marsh shall be a part of
the property selected for sale pursuant to section 564d(a)(3) of
this title to pay members who withdraw from the tribe. Title to
such lands is taken in the name of the United States, effective
the earliest date after September 30, 1959, when the Secretary of
the Interior determines that funds for the payment of the
purchase price are available from the sale of stamps under the
Migratory Bird Hunting Stamp Act of March 16, 1934, as amended
[16 U.S.C. 718 et seq.]. Such lands are designated as the Klamath
Marsh National Wildlife Refuge, which shall be administered in
accordance with the law applicable to areas acquired pursuant to
section 4 of the Act of March 16, 1934 (48 Stat. 451), as amended
or supplemented [16 U.S.C. 718d]. Compensation for said taking
shall be the realization value of the lands determined in
accordance with subsection (c) of this section, and shall be paid
out of funds in the Treasury of the United States, which are
authorized to be appropriated for that purpose.
(g) Homesites
Any person whose name appears on the final roll of the tribe,
and who has since December 31, 1956, continuously resided on any
lands taken by the United States by subsections (d) and (f) of
this section, shall be entitled to occupy and use as a homesite
for his lifetime a reasonable acreage of such lands, as
determined by the Secretary of Agriculture, subject to such
regulations as the Secretary of Agriculture may issue to
safeguard the administration of the national forest and as the
Secretary of the Interior may issue to safeguard the
administration of the Klamath Marsh National Wildlife Refuge.
(h) Administration of outstanding timber sales contracts
If title to any of the lands comprising the Klamath Indian
Forest is taken by the United States, the administration of any
outstanding timber sales contracts thereon entered into by the
Secretary of the Interior as trustee for the Klamath Indians
shall be administered by the Secretary of Agriculture.
(i) Right of United States to use roads
All sales of tribal lands pursuant to subsection (b) of this
section or pursuant to section 564d of this title on which roads
are located shall be made subject to the right of the United
States and its assigns to maintain and use such roads.
|
|