§ 564w-1. — Klamath Indian Forest and Klamath Marsh.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC564w-1]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XIII--KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION
Sec. 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.
(Aug. 13, 1954, ch. 732, Sec. 28, as added Pub. L. 85-731, Sec. 1, Aug.
23, 1958, 72 Stat. 816; amended Pub. L. 86-247, Sept. 9, 1959, 73 Stat.
477; Pub. L. 105-312, title II, Sec. 205, Oct. 30, 1998, 112 Stat. 2957;
Pub. L. 105-321, Sec. 4(e), Oct. 30, 1998, 112 Stat. 3025.)
References in Text
Act of March 1, 1911, referred to in subsecs. (b), (d), and (e), is
act Mar. 1, 1911, ch. 186, 36 Stat. 961, as amended, popularly known as
the Weeks Law, which is classified to sections 480, 500, 513 to 519,
521, 552, and 563 of Title 16, Conservation. For complete classification
of this Act to the Code, see Short Title note set out under section 552
of Title 16 and Tables.
The adjournment of the Eighty-fifth Congress, referred to in subsec.
(c) of this section, took place on Aug. 24, 1958.
The Migratory Bird Hunting Stamp Act of March 16, 1934, as amended,
referred to in subsec. (f), is act Mar. 16, 1934, ch. 71, 48 Stat. 452,
as amended, which is classified generally to subchapter IV (Sec. 718 et
seq.) of chapter 7 of Title 16, Conservation. For complete
classification of this Act to the Code, see Short Title note set out
under section 718 of Title 16 and Tables.
Amendments
1998--Subsecs. (f), (g). Pub. L. 105-312 and Pub. L. 105-321 amended
subsecs. (f) and (g) identically, substituting ``Klamath Marsh National
Wildlife Refuge'' for ``Klamath Forest National Wildlife Refuge''.
1959--Subsec. (f). Pub. L. 86-247 changed date for Federal
acquisition of Klamath Indian Marsh from April 1, 1961, to earliest date
after September 30, 1959, that funds are available to pay for property
from sale of stamps.
Change of Name
Committee on Interior and Insular Affairs of the Senate abolished
and replaced by Committee on Energy and Natural Resources of the Senate,
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate,
as amended by Senate Resolution No. 4, Ninety-fifth Congress (popularly
cited as the ``Committee System Reorganization Amendments of 1977''),
approved Feb. 4, 1977. Section 105 of Senate Resolution No. 4
established a temporary Select Committee on Indian Affairs having
jurisdiction over matters relating to Indian affairs (such matters
previously having been within the jurisdiction of the Committee on
Interior and Insular Affairs). Senate Resolution No. 127, June 6, 1984,
Ninety-eighth Congress, established the Select Committee on Indian
Affairs as a permanent committee of the Senate, and section 25 of Senate
Resolution No. 71, Feb. 25, 1993, One Hundred Third Congress,
redesignated the Select Committee on Indian Affairs as the Committee on
Indian Affairs.
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the House
of Representatives on Jan. 5, 1993, by House Resolution No. 5, One
Hundred Third Congress. Committee on Natural Resources of House of
Representatives treated as referring to Committee on Resources of House
of Representatives by section 1(a) of Pub. L. 104-14, set out as a note
preceding section 21 of Title 2, The Congress.
Section Referred to in Other Sections
This section is referred to in sections 564d, 564w-2 of this title.
