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.''