Page:United States Statutes at Large Volume 72 Part 1.djvu/858

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[72 Stat. 816]
PUBLIC LAW 85-000—MMMM. DD, 1958
[72 Stat. 816]

816

PUBLIC LAW 85-731-AUG. 23, 1958

[72

ST A T.

Public Law 85-731 August 23, 1958 [S. 3051]

AN ACT To amend the Act terminating Federal supervision over the Klamath Indian Tribe by providing in the alternative for private or Federal acquisition of the part of the tribal forest that must be sold, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Klamath Indians. United States of America in Congress assembled, That the Act of 25 U S C 5 6 4 - August 13, 1954 (68 Stat. 718), is amended by adding a new section 564w. 28 as follows: "SEC. 28. Notwithstanding the provisions of sections 5 and 6 of the 25 U S C 564d, Act of August 13, 1954 (68 Stat. 718), and all Acts amendatory 564e. thereof— Designation of " (a) The tribal lands that comprise the Klamath Indian Forest, boundaries. and the tribal lands that comprise the Klamath Marsh, shall be designated by the Secretary of the Interior and the Secretary of Agriculture, jointly. Klamath Indian "(b) The portion of the Klamath Indian Forest that is selected Forest. Sales. for sale pursuant to subsection 5(a)(3) of this Act 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 Terms and conditions. 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 be-