Page:United States Statutes at Large Volume 63 Part 1.djvu/1065

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63 STAT.] 81ST CONG. , 1ST SESS.-CH. 790-OCT. 29, 1949 (c) Costs of relocating and reestablishing Indian cemeteries, tribal monuments, and shrines within the Taking Area. Any unexpended balance remaining from the said fund of $5,105,625 after the completion of the purposes set forth in subsections (a), (b), and (c) shall remain in the Treasury to the credit of the tribes. SEC. 3. There is hereby established a board of appraisal which shall consist of one member designated by the Secretary of Agriculture, one member designated by the Secretary of the Interior, and one member designated by the Chief of Engineers. It shall be the duty of the board to prepare an appraisal schedule of the tribal and individual allotted lands and improvements, including heirship interests, located within the Taking Area. In the preparation thereof, the board shall determine the fair value of the land and improvements, giving full and proper weight to the following elements of appraisal: Value of any tract of land, whether full interest or partial interest, including value of standing timber, mineral rights, and the uses to which the lands are reasonably adapted. Upon completion of the said schedule of appraisal it shall be submitted to the Chief of Engineers. SEC. 4 . Upon receipt of such schedule of appraisal by the Chief of Engineers, he shall transmit to the tribal council the schedule of appraisal in its entirety and such portions of the said schedule to individual Indians as relate to their respective interests. The tribal council and the interested individual Indians shall have ninety days from the date of receipt of such schedule of appraisal in which to present to the Commissioner their objections, if any, for consideration and action thereon. SEC. 5. The right of the tribes and of the allottees and heirs of allottees to accept or reject the appraisal covering their respective property is reserved to them. Upon the rejection of the appraisal affecting the lands or the respective interests, the Department of the Army shall institute proceedings in the United States District Court for North Dakota for the purpose of having the just compensation for such property judicially determined. Any judgment entered against the United States in such proceedings shall be charged against the said fund of $5,105,625: Provided, That if said sum should be inadequate to cover the purposes provided for in section 2 (a), (b) and (c) hereof, and such judgments as may be obtained in such pro- ceedings, then the amount in excess of the said fund of $5,105,625 shall be paid out of the $7,500,000 provided for in section 12 hereof. SEC. 6 . In all proceedings instituted in accordance with section 5 of this Act, individual members of the tribes may request the Com- missioner of Indian Affairs to designate attorneys of the Bureau of Indian Affairs to represent them. SEC. 7. The amount determined to be due the individual allottees and other individual Indians shall be deposited to the credit of such individual Indians in their individual Indian money accounts. SEC. 8. The tribes and the members thereof may salvage, remove, reuse, sell, or otherwise dispose of all or any part of their improve- ments within the Taking Area without any deduction therefor in the appraisal schedule to be prepared by the Commissioner, subject to the condition that the district engineer, Garrison district, may not enter for the purpose of clearing the said improvements until at least October 1, 1952, and subject further to the condition that the district engineer shall serve notice of such purpose at least three months prior thereto. SEC. 9 . The tribes and the members thereof shall have the privilege of cutting timber and all forest products and removing sand and gravel, and may use, sell, or otherwise dispose of the same until at east October 1, 1950, without any deduction therefor in the appraisal 1027 Board of appraisal. Duty. Transmittal of schedule to tribal council. Tribal, etc., rights. Judicial proceedings. Ante, p. 1026. Pot, p . 1028. Credit to individ- ual accounts. Disposition of im- provements. Conditions. Removal of timber, sand, and gravel.