894 



(1) cause an appraisal to be made, within not 

 more than twelve months after their emplojTnent, 

 or as soon thereafter as practicable, of all tribal 

 property showing its fair market value by practi- 

 cable logging or other appropriate economic units; 



(2 ) immediately after the appraisal of the tribal 

 property and approval of the appraisal by the Sec- 

 retary, give to each member whose name appears 

 on the final roll of the tribe an opportunity to 

 elect to withdraw from the tribe and have his in- 

 terest in tribal property converted into money and 

 paid to him, or to remain in the tribe and par- 

 ticipate in the tribal management plan to be pre- 

 pared pursuant to paragraph (5) of this subsec- 

 tion ; in the case of members who are minors, per- 

 sons declared incompetent by judicial proceedings, 

 or deceased, the opportunity to make such election 

 on their behalf shall be given to the person desig- 

 nated by the Secretary as the person best able to 

 repicaent the Interests of such member: Provided, 

 however, That any member, or any heir or any 

 devisee of any deceased member, for whom the 

 Secretary has so designated a representative may 

 (on his own behalf, through his natural guardian, 

 or next friend) within one hundred and twenty 

 days after receipt of written notice of such secre- 

 tarial designation, contest the secretarial desig- 

 nation in any naturalization court for the area In 

 which such member resides, by filing of a petition 

 therein requesting designation of a named per- 

 son other than the secretarial designee, and the 

 burden shall thereupon devolve upon the Secre- 

 tary to show cause why the member-designated 

 representative should not represent the Interests 

 of such member, and the decision of such court 

 shall be final and conclusive; 



(3) determine and select the portion of the 

 tribal property which If sold at the appraised 

 value would provide sufficient funds to pay the 

 members who elect to have their interests con- 

 verted Into money, arrange for the sale of such 

 property, and distribute the proceeds of sale 

 among the members entitled thereto: Provided. 

 That any person whose name appears on the final 

 roll of the tribe, or a guardian on behalf of any 

 such person who is a minor or an incompetent, 

 shall have the right to purchase, for his or its 

 own account but not as an agent for others, any 

 of such property in lots as offered for sale for not 

 less than the highest offer received by competi- 

 tive bid; any Individual Indian purchaser who 

 has elected to withdraw from the tribe may apply 

 toward the purchase price up to 100 per centum 

 of the amoxmt estimated by the Secretary to be 

 due him from the sale or taking of forest and 

 marsh lands pursuant to subsection (b), (d), and 

 (f) of section 564w-l of this title, and up to 75 

 per centum of the amount estimated by the Sec- 

 retary to be due him from the conversion of his 

 interest in other tribal property; and if more 

 than one right Is exercised to purchase the same 

 property pursuant to this proviso the property 

 shall be sold to one of such iiersons on the basis 

 of competitive bids: Provided further. That when 

 determining and selecting the portion of the 



tribal property to be sold, due consideration shall 

 be given to the use of such property for grazing 

 purposes by the members of both groups of the 

 tribe; 



(4 ) cause such studies and reports to be made as 

 may be deemed necessary or desirable by the tribe 

 or by the Secretary in connection with the termi- 

 nation of Federal supervision as provided for in 

 sections 564 to 564w-l of this title; and 



( 5 ) cause a plan to be prepared in form and con- 

 tent satisfactory to the members who elect to re- 

 main in the tribe and to the Secretary for the 

 management of tribal property through a trustee, 

 corporation, or other legal entity. If no plan 

 that is satisfactory both to the members who elect 

 to remain in the tribe and to the Secretary has 

 been prepared six months before the time limit 

 provided in section 5e4e (b) of this title the Sec- 

 retary shall adopt a plan for managing the tribal 

 property, subject to the provisions of section 

 564n of this Utle. 



(b) Such amounts of Klamath tribal fimds as 

 may be required for the purposes of this section 

 shall be available for expenditure by the Secretary. 

 In order to reimburse the tribe. In piart. for ex- 

 penditure of such tribal fimds as the Secretary 

 deems necessary for the purposes of carrying out 

 the requirements of this section, there is author- 

 ized to be appropriated out of any money in the 

 Treasury not otherwise appropriated, an amount 

 equal to one-half of such expenditures from tribal 

 funds, or the sum of $550,000, whichever is the 

 lesser amount. (Aug. 13, 1954, ch. 732, § 5, 68 Stat. 

 718; Aug. 14, 1957, Pub. L. 85-132, § 1 (b), (d), (e). 

 (g), 71 Stat. 347. 348; Aug. 23. 1958, Pub. L. 85-731, 

 §§ 6—8, 73 Stat. 819.) 



Amendments 



1968— Subsec. (a) (3). Pub. L. 85-731, §5 6. 7, elim- 

 inated flrst proviso requiring that funds payable to the 

 withdrawing members be distributed as each $200,000 ac- 

 cumulates, and substituted "who has elected to withdraw 

 from the tribe may apply toward the purchase price up 

 to 100 per centum of the amount estimated by the Sec- 

 retary to be due him from the sale or taking of forest and 

 marsh lands pursuant to subsections (b), (d), and (f) of 

 section 664W-1 of this title, and up to 75 per centum of 

 the amount estimated by the Secretary to be due him 

 from the conversion of his Interest in other tribal prop- 

 erty" for the words "may apply toward the purchase price 

 all or any part of the sum due him from the conversion 

 of his Interest In tribal property" in the second proviso. 



Subsec. (a) (5). Pub. L. 85-731. 5 8, added sentence 

 to provide that If no plan Is satisfactory both to the mem- 

 bers who elect to remain In the tribe and to the Secre- 

 tary, the Secrettiry shall adopt a management plan. 



1957— Subsec. (a) (2). Pub. L. 85-132, 5 1 (d), pro- 

 vided that the time of election to withdraw be given after 

 the appraisal Is approved by the Secretary, and provided 

 for election on behalf of minors. Incompetents, or de- 

 ceased persons by designee of Secretary. 



Subsec. (a) (3). Pub. L. 85-132. 5 1 (e). In the second 

 proviso provided that any person whose name appears on 

 the final roll of the tribe, may purchase for his own ac- 

 count, but not as an agent for others, any such property 

 In lots as offered for sale, and provided that If more than 

 one right Is exercised to purchase the same property. It 

 be sold on the basis of competitive bids. 



Subsec. (a) (6). Pub. L. 85-133, 5 1 (g). substituted 

 "members who elect to remain In the tribe" for "tribe". 



Subsec. (b). Pub. L. 86-132, 5 1 (b), provided for par- 

 tial reimbursement of the tribe for expenditures of tribal 

 funds under this section, authorization of appropriation 



