§ 564d. — Management specialists.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
