895 



of the lesser of amount equal to one-half of such expendi- 

 tures, or »55O,0OO. In lieu of former provisions which 

 charged expenses Incident to par. (3) to members who 

 withdraw from tribe, charged expenses under pars. (4) 

 and (5) to members who remain In tribe, and charged all 

 other expenses under thla section to Interests of both 

 groups of members. 



§564w-l. Klamath Indian Forest and Klamath Marsh. 



Notwithstanding the provisions of sections 564d 

 and 564e of this title, and all Acts amendatory 

 thereof — 



(a) Designation of boundaries. 



The tribal lands that comprise the Klamath 

 Indian Forest, and the tribal lands that comprise 

 the Klamath Marsh, shall be designated by the 

 Secretary of the Interior and the Secretary of 

 Agriculture, jointly. 



(b) Sales; terms and conditions. 



The portion of the Klamath Indian Forest that 

 is selected for sale pursuant to section 564d (a) 

 (3) of this title to pay members who withdraw 

 from the tribe shall be offered for sale by the Sec- 

 retary 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 and 

 conditions of the sales shall be prescribed by the 

 Secretary. The specifications and minimum re- 

 quirements 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 con- 

 servation 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 specifi- 

 cations and requirements before the prospective 

 purchaser shall be entitled to have his bid con- 

 sidered 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 rejec- 

 tion 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 for- 

 feiture 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 non- 

 trust status, and the retention of such right of 

 reversion shall not be the basis for any claim 

 against the United States. The Secretary of Ag- 

 riculture shall be responsible for enforcing such 

 conditions. Upon any reversion of title pursuant 

 to this subsection, the lands shall become national 

 forest lands subject to the laws that are applicable 

 to lands acquired pursuant to sections 480, 500. 

 513 to 519. 521, 552, and 563 of TiUe 16. 



(c) Appraisals; notice to Congressional committees; 

 appropriation; realization value; report to Con- 

 gressional committees. 



Within sixty days after August 23, 1958 the Sec- 

 retary of the Interior shall contract by negotia- 

 tion with three qualified appraisers or three 

 qualified appraisal organizations for a review of 

 the appraisal approved by the Secretary pursuant 

 to section 564d (a) (2) of this title. In such re- 

 view full consideration shall be given to all rea- 

 sonably ascertainable elements of land, forest, and 

 mineral values. Not less than thirty days before 

 executing such contracts the Secretary shall no- 

 tify the chairman of the House Committee on In- 

 terior and Insular Affairs and the chairman of 

 the Senate Committee on Interior and Insular 

 Affairs of the names and addresses of the apprais- 

 ers selected. The cost of the appraisal review 

 shall be paid from tribal funds which are made 

 available for such purpose, subject to full reim- 

 bursement by the United States, and the appro- 

 priation of funds for that purpose is authorized. 

 Upon the basis of a review of the appraisal here- 

 tofore made of the forest units and marsh lands 

 Involved and such other materials as may be 

 readily available, including additional market 

 data since the date of the prior appraisal, but 

 without making any new and independent ap- 

 praisal, each appraiser shall estimate the fair 

 market value of such forest units and marsh lands 

 as if they had been offered for sale on a competi- 

 tive market without limitation on use during the 

 interval between the adjournment of the Eighty- 

 fifth Congress and the termination date specified 

 in section 564e (b) of this section. This value 

 shall be known as the realization value. If the 

 three appraisers are not able to agree on the reali- 

 zation value of such forest units and marsh lands, 

 then such realization values shall be determined 

 by averaging the values estimated by each ap- 

 praiser. The Secretary shall report such reali- 

 zation values to the chairman of the House Com- 

 mittee on Interior and Insular Affairs and to the 

 chairman of the Senate Committee on Interior 

 and Insular Affairs not later than January 15, 

 1959. No sale of forest units that comprise the 

 Klamath Indian forest designated pursuant to 

 subsection (a) of this section shall be made under 

 the provisions of sections 564 to 564w-l of this 

 title prior to April 1, 1959. 



