Page:United States Statutes at Large Volume 68 Part 1.djvu/1226

 1194

48 Stat. 987. 25 USC 474. Reimbursement for negotiations.

Report.

Consolidation of interests.

R e j e c t i o n of final appraisal.

Jurisdiction of court.

Appropriation.

PUBLIC LAW 7 7 6 - S E P T. 3, 1954

[68

STAT.

Act of March 2, 1889 (25 Stat. 888), as ameiuled, sluill be continued under the provision of section 14 of the Indian Reor<^anization Act of June 18, 1934 (48 Stat. 984), on the basis now in operation without regard to the loss of tribal land within the taking area under the provisions of this agreement. SECTION X III. The United States agrees to reimburse the said Tribal Council for expenses incurred by it and caused by, or incident to, the negotiations which have led up to the making and ratification of this agreement: Provided, That such reimbursable expenses do not exceed in the aggregate $1,0, of which not more than $5, shall be payable as attorney fees. The Tribal Council shall send a statement to the Secretary of the Army setting out said expenses up to the date of the proclamation to be issued by the Secretary of the Interior declaring that the Act of Congress approving this agreement is in full force and effect. The Secretary of the Army shall forward said statement to the Congress for appropriation together w'ith his recommendations. SECTION X IV. Holders of inherited lands or interests in lands may consolidate their interests by and between themselves and the total proceeds in the hands of any individual held by such consolidation of interests may be used by any individual holder of the same for purchase of substitute lands as in section X I provided. SECTION XV. The right of any individual member of said Indian Tribe to reject the final appraisal made on his land and improvements shall be preserved and, if any individual does reject such final appraisal, he shall file notice of such rejection by notice in writing to the Chief of Engineers, United States Army, who shall thereupon file a proceeding in the United States District Court of the District of South Dakota as in a condemnation proceeding and jurisdiction is hereby conferred upon said Court to determine, by procedure corresponding to a condemnation proceeding, the value of said land and improvements and the said Tribal Council shall deposit with the clerk of said court the full amount set out in the final appraisal which was previously offered to said individual, which fund shall be used in payment in full or in part of the final judgment of said United States District Court. Cost of such proceedings shall be borne by the United States and the individual involved shall be entitled to counsel at his own expense. In the event the amount of the appraisal so deposited in said Court is not enough to cover the final judgment in said proceeding, the United States shall pay such difference from the fund of $5,384,014 established under section II, hereof, into the hands of the clerk of said Court and thereupon title shall vest in the United States. SECTION X VI. There is hereby authorized to be appropriated not to exceed $10,644,014, as provided by sections II, V, and X III, exclusive of the sums to be charged against the cost of construction of the Oahe project as provided in sections III and IV hereof. PART

II

The lands conveyed by this agreement are the following tracts of land all in the State of South Dakota: Township 5 north, range 30 east, Black Hills meridian Section 5: Northwest quarter northwest quarter northeast quarter; north half northwest quarter; north half southeast quarter northwest quarter; northwest quarter southwest quarter northwest quarter.

�