76 STAT.]
PUBLIC LAW 87-735-OCT. 3, 1962
709
any other legal disability, or who cannot be located after a reasonable and diligent search, and any person who is an undetermined heir or devisee of a deceased Indian. (b) If the land of any Indian rejecting payment is included in District court, condemnation proceedings heretofore instituted, the court in those jurisdiction. proceedings shall proceed to determine the just compensation to which the individual is entitled and, if the land is not included in such condemnation proceedings, jurisdiction is hereby conferred upon the United States District Court for the District of South Dakota to determine just compensation in accordance with procedures applicable to the determination of just compensation in condemnation proceedings. No court or statutory costs but all other costs and expenses including attorney's fees shall be at the contesting individual's expense. Suit may be brought on behalf of any individual rejecting payment within one year after the date of the rejection. If a notice of rejection of the tender of payment is filed, at least 10 per centum of the tender deposited in the individual Indian money account shall be withheld from disbursement pending a final determination under this subsection. SEC. 14. No part of any expenditure made by the United States Offset Of under any of the provisions of this Act shall be charged by the United counterclaims. States as an offset or counterclaim against any tribal claim against the United States which has arisen prior to the date of enactment of this Act. The payment of Sioux benefits as provided for in section 17 of the Act of March 2, 1889 (26 Stat. 888), as amended, shall be continued under the provisions of section 14 of the Indian Reorganization Act of June 18, 1934 (48 Stat. 984), on the basis now in operation 25 USC 474. without regard to the loss of tribal land within the taking area for the Big Bend project. SEC. 15. There are hereby authorized to be appropriated such Appropriation. amounts as may be necessary for the purposes of this Act. SEC. 16. The land taken by section 1 of this Act, embracing approxi- Legal land mately 6,283.57 acres, and the land heretofore acquired in condemna- descriptions. tion proceedings by civil numbered 335, embracing approximately 132.61 acres,' are the lands identified and delimited on a map entitled, "A map delimiting tribal and individual Indian trust and restricted land or the Crow Creek Sioux Reservation acquired'by the United States for the Big Bend Dam and Reservoir project for the sum of $355,000". Legal descriptions of the lands shown therein shall be prepared by the Secretary of the Armv and attached thereto. The map and descriptions shall be prepared by the Secretary of the Army and shall be filed among the land records of the Bureau of Indian Affairs in Washington, District of Columbia, and a duplicate original filed and maintained at the agency in Pierre, South Dakota. A true and correct copy of the map and descriptions shall be furnished without cost to the tribe. The Secretary of the Army shall prepare and furnish the Secretary of the Interior and the tribe tract by tract legal descriptions of trust and restricted land acquired by this Act within two years of enactment of this Act: Provided, That within ninety days after notice of rejection is filed pursuant to subsection 13(a) the Secretary of the Army shall furnish to the individual Indian and to the Superintendent of the Pierre Indian Agency a legal description of the lands covered by the rejection. SEC. 17. All funds authorized by this Act paid to the tribe and in- Tax exemption. dividual Indians shall be exempt from all forms of State and Federal taxation.
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