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.
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