704
PUBLIC LAW 87-735-OCT. 3, 1962
[76 STAT.
Public Law 87-735 Octobers, 1962 [H. R. 5165]
AN ACT To provide for the acquisition of and the payment for individual Indian and tribal lands of the Crow Creek Sioux Reservation in South Dakota, required by the United States for the Big Bend Dam and Reservoir project on the Missouri River, and for the rehabilitation, social, and economic development of the members of the tribe, and for other purposes.
Be it enacted by the Senate and Home of Representatives of the Crow Creek United States of America in Congress assembled, That in furtherance noT^^D^^ of the Big Bend Dam and Reservoir project authorized by the Flood Land acquisition Control Act of December 22, 1944 (58 Stat. 887, 891)— for Big Bend Dam (a) The entire interest, including gravel but excluding the interest and Reservoir in oil, gas, and all other minerals of any nature whatsoever, in approxiproject. 33 USC 701-1 mately 6,283.57 acres of land within the taking area described in this et seq. Act in the Crow Creek Sioux Reservation in South Dakota, in which the Crow Creek Sioux Tribe or individual Indians have a trust or restricted interest, and any interest the tribe or Indians may have within the bed of the Missouri River so far as it is within the boundaries of the reservation are hereby taken by the United States for the Big Bend E>am and Reservoir project on the Missouri River, and in consideration thereof and for 132.61 acres of trust or restricted lands heretofore acquired by the United States in condemnation proceedings for the Big Bend project the United States will pay to the tribe and the individual Indian owners, out of funds available for the Big Bend Dam and Reservoir project— (1) a sum aggregating $355,000 to be disbursed in accordance with the provisions of schedules prepared pursuant to section 2(b) of this Act; and (2) the amount of $209,302, which shall be in settlement of all claims, rights, and demands of the tribe and individual Indians arising out of the taking under this Act, to be disbursed in accordance with the provisions of section 2 hereof. (b) Upon a determination by the Secretary of the Army, within two years from the date of enactment of this Act, filed among the appropriate land records of the Department of the Interior, that any of the lands described in this Act are not required for Big Bend project purposes, title to such land shall be revested in the former owner. SEC. 2. (a) The payments authorized by section 1 of this Act, less Comp en s ation. the amounts heretofore deposited by the United States in the case entitled United States of America, Plaintiff, against 867.50 acres of land, etc., and Crow Creek Tribe of Sioux Indians et al.. Defendants, civil numbered 335, filed in the United States District Court for the District of South Dakota, for trust property acquired in the taking area described in this Act, shall be deposited to the credit of the tribe in the Treasury of the United States and shall draw interest on the principal at the rate of 4 per centum per annum until expended: Provided, That there shall not be deducted from the payments authorized by section 1 of this Act amounts deposited as compensation in the aforesaid case for improvements located on lands not owned by the individual Indian owner of the improvements. (b) The amount paid pursuant to section 1(a)(1) of this Act shall Schedules. be allocated in accordance with Indian ownership schedules prepared by the Secretary of the Interior, after consultation with the Crow Oreek Tribal Council to correct known errors and to insure fair and equitable allocation. These schedules shall reflect the amount agreed upon by the Secretary of the Army and the Secretary of the Interior as the basis for negotiation, after appropriate acreage adjustments, increased by a uniform percentage to equal the amount paid. The
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