Page:United States Statutes at Large Volume 68 Part 1.djvu/485

 68 S T A T. ]

453

PUBLIC LAW 478-JULY 6, 1954

(3) costs of relocating Indian cemeteries, tribal monuments, and shrines located upon the lands conveyed by the contract. (c) Provide a schedule of dates for the orderly removal of the Indians and their personal property from the taking area of the Fort Randall Reservoir within the reservation; and (d) State that the payments authorized to be made shall be in full and complete settlement of all claims by the tribe and its members against the United States arising because of the construction of the Fort Randall project. SEC. 3. The just compensation payable for the individual property of any person conveyed pursuant to subsection (a) of section 2 of this Act shall be judicially determined, if such person rejects the compensation specified in the contract with the tribe, in proceedings instituted for such purpose by the Department of the Army in the united States district court for the district in which the lands are situated. SEC. 4. To assist the negotiators in arriving at the amount of just compensation payable for the property conveyed pursuant to subsection (a) of section 2 of this Act, the Secretary of the Interior and the Chief of Engineers, Department of the Army, shall cause to be prepared an appraisal schedule on an individual tract basis of the tribal, allotted, and assigned lands, including heirship interests therein, located within the taking area in each reservation. The appraisal schedule shall show the fair market value of the lands, giving full and proper weight to the following elements of appraisal, among others: Improvements, severance damage, standing timber, mineral rights, and the uses to which the lands are reasonably adapted. The appraisal schedule shall be transmitted to the representatives of the tribe appointed to negotiate a contract, and shall be used, together with any other appraisals which may be available, as a basis for determining the amount of just compensation to be included in the contract. SEC. 5. The specification in section 2 of this Act of certain provisions to be included in each contract shall not preclude the inclusion of other provisions beneficial to the Indians who are parties of such contracts. SEC. 6. Each contract negotiated pursuant to this Act shall be submitted to the Congress for approval. The Chief of Engineers, Department of the Army, and the Secretary of the Interior are requested to submit such contract within one year from the date of approval of this Act. If the negotiating parties are unable to agree on a proposed contract each party shall submit to the Congress separate detailed reports of the negotiations, together with their recommendations. In the event the negotiating parties are unable to agree on any provision in the proposed contracts such provision shall be included in an appendix to the contract, together with the views of each party, for consideration and determination by Congress. The contract shall not take effect unless, after determination of any disputed provision, it is ratified by Act of Congress and is ratified within six months after such action by the Congress by a majority of the adult members of the tribe: Provided, That when so ratified the contract shall constitute a taking by the United States as of the date the contract was signed by the Chief of Engineers, Department of the Army, and the Secretary of the Interior, for purposes of determining the ownership of the Indian tribal, allotted, and assigned lands and interests therein. SEC. 7. Nothing in this Act shall be construed to restrict completion of the Fort Randall Dam to provide flood protection and other benefits on the Missouri River. SEC. 8. There is hereby authorized to be appropriated to the Secretary of the Interior the sum of $106,500, which shall be available until

Judicial determination.

Appraisal sched' ule*

Approval of CongEress.

Reports.

F ort Dam.

Randall

Appropriation. Relocationof Yankton Sioux Tribe.

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