Page:United States Statutes at Large Volume 58 Part 1.djvu/276

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[58 STAT. after to be brought by the Menominee Tribe of Indians against the United States. CertifcationtoCon- SEC. 2. Upon the entry of such judgment, which shall not bear gress. interest, a copy or transcript thereof, certified by the clerk of the Court of Claims, and signed by the Chief Justice, or in his absence by the presiding judge of said court, shall be presented, as in other cases, to the Secretary of the Treasury, who shall certify the same to the Congress for appropriation. ttorneys'fees. SEC. 3 . After the entry of such judgment, the Court of Claims, without awaiting the appropriation by the Congress of money to pay the same, shall, on petition of attorneys for the Menominee Tribe of Indians, determine the amount of fees which the attorneys for the Menominee Tribe of Indians shall be entitled to receive under section 49 Stat. 1088. 7 of the Act of September 3,1935, as amended. Payment. SEC. 4. Upon the making of an appropriation by the Congress for the payment of the judgment rendered there shall be set aside from such appropriation a sum sufficient to pay the attorneys' fees, which shall, however, not be paid until after the completion of the purchase of the swamplands specified in section 1 (b), as hereinafter provided; said appropriation to be disbursed by the Secretary of Deposit of net the Interior as herein provided. The portion of such judgment amount to credit of .

tribe. representing the value of the timber specified in section 1 (a) less the pro rata amount thereof deductible for attorneys' fees, in the same ratio that the total amount of attorneys' fees bears to the amount of the judgment, shall upon the completion of the purchase of the said swamplands be deposited in the Treasury of the United States to the credit of the Menominee Tribe of Indians as provided 49tat. 1088 . in the last sentence of section 7 of the Act of September 3, 1935, Purchase of swamp- as amended. The balance of the appropriation shall be available lands from State of wisconsin. for the purchase from the State of Wisconsin, but not by eminent domain, of the swamplands specified in section 1 (b). The purchase of the said swamplands shall be made by the Secretary of the Interior, who is authorized to accept on behalf of the United States a quitclaim deed or other form of conveyance to such lands satis- Title in rut for factory to the Attorney General of the United States. Title to enom such lands shall be taken in the name of the United States in trust for the Menominee Tribe of Indians. The United States shall acquire and hold such lands for the sole benefit and use of the said Indians as if they had become part of the Menominee Reservation 10 Stat. 1064 . pursuant to the treaty of May 12, 1854. Time lmit for cm- SEC. 5. In the event that said purchase is not completed within one pletionpu year after the entry of judgment by the Court of Claims, then, upon petition of the Attorney General or the attorneys for the Menominee Tribe of Indians, the Court of Claims shall vacate and set aside the Final judgment. said judgment entered pursuant to section 1 hereof. Thereupon the court shall proceed to determine, as provided by the Act of September 49 stat. 18. 3,1935, as amended, the amount of offsets, if any, deductible from the amounts specified in sections 1 (a) and 1 (b) of this Act, and shall render final judgment pursuant to the terms of the Act of September 3, 1935, as amended. In rendering final judgment under this section, the court may redetermine the amount of the attorneys' fees. Such judgment shall be satisfied from the appropriation made pursuant to sections 2 and 4 hereof; and any balance of moneys appropriated shall thereupon be carried to the general fund of the Treasury of the United States. Modigcatisonof.n- SE. 6 . All Acts or parts of Acts in conflict herewith, including the Act of September 3, 1935, are, to the extent of such conflict, modified accordingly. Approved May 29, 1944. 256 PUBLIC LAWS--CH. 211- -MA 29, 1944