Page:United States Statutes at Large Volume 72 Part 1.djvu/861

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[72 Stat. 819]
PUBLIC LAW 85-000—MMMM. DD, 1958
[72 Stat. 819]

72

STAT.]

819

PUBLIC LAW 85-731-AUG. 23, 1958

person making or receiving such payments shall be guilty of a misdemeanor and shall be imprisoned for not more than six months and fined not more than $500. SEC. 4. The Secretary of the Interior is directed to terminate the contract between him and the management specialists by giving immediately the sixty-day notice required by paragraph 18 of such contract. When the contract is terminated, all of the functions of the management specialists under section 5 of the Act of August 13, 1954, as amended, shall be performed by the Secretary. SEC. 5. Nothing in this Act shall in any way modify or repeal the provisions of subsection 5(a) of the Act of August 13, 1954 (68 Stat. 718), as amended, providing for and requiring members of the Klamath Tribe to elect to withdraw from or remain in the tribe, following the appraisal of the tribal property. SEC. 6. The first proviso of subsection 5(a)(3) of the Act of August 13, 1954 (68 Stat. 718), relating to distributions in $200,000 installments, is repealed. SEC. 7. The second proviso of subsection 5(a)(3) of said Act, as amended, relating to Indian preference rights, is further amended by deleting "any individual Indian purchaser may apply toward the purchase price all or any part of the sum due him from the conversion of his interest in tribal property" and by inserting in lieu thereof "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 amount estimated by the Secretary to be due him from the sale or taking of forest and marsh lands pursuant to subsections 28(b), 28 (d), and 28 (f) of this Act, 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 property". SEC. 8. The Act of August 13, 1954 (68 Stat. 718), is amended by adding at the end of subsection 5(a)(5) the following sentence: "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 subsection 6(b) of this Act, as amended, the Secretary shall adopt a plan for managing the tribal property, subject to the provisions of section 15 of this Act, as amended." SEC. 9. Except as provided below the provisions of the Act of August 13, 1954 (68 Stat. 718), as amended, shall not apply to cemeteries within the reservation. The Secretary is hereby authorized and directed to transfer title to such properties to any organization authorized by the tribe and approved by him. I n the event such an organization is not formed by the tribe within eighteen months following enactment of this Act, the Secretary is directed to perfect the organization of a nonprofit entity empowered to accept title and maintain said cemeteries, any costs involved to be subject to the provisions of section 5(b) of said Act of August 13, 1954, as amended. SEC. 10. Subsection (b) of section 6 of the Act of August 13, 1954 (68 Stat. 718), as amended, is further amended by striking out "six years" and inserting in lieu thereof "seven years". SEC. 11. Subsection 8(b) of the Act of August 13, 1954 (68 Stat. 718), as amended, is further amended by changing the colon to a period and by deleting the following language: 'Provided, That the provisions of this subsection shall not apply to subsurface rights in such lands, and the Secretary is directed to transfer such subsurface rights to one or more trustees designated by him for management for a period not less than ten years." Approved August 23, 1958.

Term 1 nation of contract.

Repeal.

Preference rights. 71 Stat. 348. 25 USC 564d.

Ma n agoment plan.

25 USC 5()4e. 25 USC 564n. 25 USC 564-564w.

25 USC 564d. 25 USC 564e. 25 USC 564g.