FEBRUARY 1958 . KLAMATH TRIBUNE Page 3 Representative Oilman's Proposed Amendment to (Public Law 587 85th CONGRESS 2d Session H. R. 9737 IX THE HOUSE OF REPRIiSEXTATIVES January 7, 1958 Mr. Ullnian introduced the fol lowing hill; which was referred to the Committee on Interior and Insular Affairs. A BILL To provide for the acquisition by the United States of tribal lands of the Klamath Tribe of Indians. He it enacted ly the Sdnate and House of Representatives of the United Stats of America in Con gress assembled, That (a) section 2 of the Act entitled "An Act to provide for the termination of Federal supervision over the pro perty of the Klamath Tribe of In dians located in the State of Ore gon and the individual members thereof, and for other purposes," approved August 13, 1954 (68 Stat. 718), as amended by the Act entitled "An Act to authorize the United States to defray the cost of assisting the Klamath Tribe of Indians to prepare for termination of Federal supervi sion, to defer sales of tribal pro perty, and for other purposes," approved August 14, 1957 (71 Stat. 347). is further amended by striking paragraph (d) of such section and inserting in lieu there of the following: "(d) 'Tribal property' means any personal property, or any interest in personal property, that belongs to the tribe and either is held by the United States in trust for the tribe or is subject to a re striction against alienation im posed by the United States. "(e) 'Tribal lands' means any real property, interests therein, or improvements thereon, includ ing timber and water rights, which belong to the tribe and either it field by the United States in trust for the tribe or is sub ject to a restriction against alienation imposed by the United States. "(f) 'Adult' means a person who is an adult according to the law 'of the place of his residence. (b) The first paragraph of sub section (a) of section 5 of such Act is amended by adding a period following the word "value" and striking out "by practicable Tog ging or other appropriate eco nomic units." (c) Section 12 of such Act is amended by striking out "trans fer of title to tribal property to a trustee, corporation, or other legal entity pursuant to section 6 of this Act" and inserting in lieu thereof "acquisition by the Secretary of the tribal lands re ferred to in this Act." (d) Such Act is amended by adding at the end thereof the following new sections : "SEC. 28. Notwithstanding any other provision of this Act, the Secretary shall purchase from the Klamath Indian Tribe all tribal lauds of such tribe at the fair market value thereof as determin ed in accordance with the provi sions of section 29 of this Act: Provided, That such purchase shall not include cemeteries with in the reservation. The Secretary is hereby authorizd and directed to transfer title to such proper ties to any organization author ized by the tribe and approved by him. In the event such an or ganization is not formed by the tribe within six months following enactment of this Act, the Sec retary is directed to perfect the organization of a nonprofit en tity empowered to accept title and maintain said cemeteries, any costs involved to be subject to the provisions of section 27 of this Act: Provided further, That the tribe and the State of Oregon shall have six months from and after the enactment of this Act within which to agree to choose and dedicate certain areas within the reservation as State parks. Such areas are to be deducted from the total area to be pur chased pursuant to section 28 of this Act, ami shall constitute gifts from the tribe to the State of Oregon. It is the intention of the Congress that such parks shall be named for and constitute mem orial to such, leaders of the tribe as shall be designated by the tribe. VSEC. 29. (a) There is hereby established an appraisal board to be composed of three qualified appraisers who have had wide ex perience in the valuation of tim ber lauds, agricultural lands, and grazing lands, one of whom shall be appointed by the Secretary of the Interior and the Secretary of Agriculture, one bv the Governor of Oregon, and one by the execu tive committee of the tribe. The appraisers shall be compensated at predetermined per diem rates to be set by the Secretary. Per diem charges and necessary ex penses shall be paid pursuant to the provisions of section 5 (b) of this Act. "(b) It shall be the duty of the appraisal board to determine the fair market value of all tribal . lands of the Klamath Tribe, and to report to the Committee on Interior and Insular Affairs of each House of the Congress the results of such determination within one year following ap proval of this Act. Such report shall be submitted to both com mittees on the same day. In the event of disagreement among members of the appraisal board as to the fair market value, such value shall be determined by a majority of the board. In arriv ing at the fair market value, the appraisal board shall consider such elements of value as are generally accepted by the ap praisal profession, and may utilize basic data accumulated and util ized by appraisers retained by the qualified management specialists pursuant to subsection (1) of sec tion 5 (a) hereof. "(c) The appraisal provided for under this section shall become effective upon the expiration of a period of sixty calendar days of continuous session of the Con gress following the daten which the appraisal board reports to such committees the results of its determination in accordance with the provisions of this section. For the purposes of this section "(1) continuity of session shall be considered as broken only by an adjournment of the Congress sine die; but "(2) in the computation of the sixty-day period there shall be excluded the days on which either House is not in session because of ait adjournment of more than three days to a day certain. "SEC. 30. (a) Any part of the tract of tribal lauds acquired pur suant to section 28 of this Act which consists of timberlands under sustained-yield manage ment shall be transferred to and administered by the Forest Serv ice of the Department of Agri culture as national forest lands. Such lands shall be administered in the same manner and to the same extent as are other national forest lands, and shall be subject to the same laws applicable to other national forest lands. "(b) The Secretary of Agricul ture is authorized and empower ed, under general regulations es tablished by him, to permit the use of rights-of-way through lands referred to in this sectron for beneficial purposes. "SEC. 31 (a) Any remaining tribal lands acquired pursuant to section 28 of this Act, other than lands referred to in subsection (b) of this section, shall be sold mi a competitive bid basis, except that, any member enrolled under section 3 of this Act who wishes to purchase any of the agricul tural or grazing lands comprising such remaining tribal lands shall have a priority right, for his ac count but not as agents for others, to purchase any part of such lands for not less than the highest of fer received by competitive bid, -and to apply toward the purchase price all or any part of the sum payable, including redemption of bonds issued pursuant to section 32 of this Act. In the event that two or more enrolled members wish to purchase the same land, the disposition of such lands among such applicants shall be determined on a competitive bid basis at not less than the previous high bid submitted by a uoninem ber. Any transaction between the purchaser and a third party pur suant to this provision entered in to within three years following approval of this Act shall raise a presumption that the original purchase was consummated by the purchaser as an agent for others. "(b) That portion of the tract of tribal lauds acquired pursuant to section 28 of this Act compris ing approximately twenty-one thousand acres of Klamath marsh lands shall be administered by the Fish and Wildlife Service of the Department of the Interior. "SF.C. 32. Payment for the lauds purchased by the Secretary pursuant to section 28 hereof shall be made to the persons listed on the final Klamath roll pub lished in the Federal Register for November 21, 1957, or to persons acting for them pursuant to sec tion 15 hereof, in twenty equal annual . installments, the first in stallment to be paid within six months following the completion of the procedure under section 29 of this Act. Interest at 4 per centum per annum shall be paid at the time .of payment on each installment. Malances due to such tribal members shall be evidenced hy nonnegotiable, nonassignable bonds issued by the Secretary of the Treasury. The bonds shall be issued ami payments shall be made by the Secretary of the Treasury under appropriate rules or regulations to be promulgated by him. "SEC. 33. There are hereby authorized to be appropriated, out of any money in the Treasury not tljierwise appropriated, such stuns as may be necessary to carrv out the provisions of this Act.''