Page:United States Statutes at Large Volume 76.djvu/746

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PUBLIC LAW 87-734-OCT. 3, 1962

[76

STAT.]

Public Law 87-734 October 3, 1962 [H. R. 5144]

AN ACT To provide for the acquisition of and the payment for individual Indian and tribal lands of the Lower Brule Sioux Reservation in South Dakota, required by the United States for the Big Bend Dam and Reservoir project on the Missouri River, ahd for the rehabilitation, social, and economic development of the members of the tribe, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Lower Brule United States of America in Congress assembled, That in furtherance aif^^'sDak"'^' of the Big Bend Dam and Eeservoir project authorized by the Flood L^idacquismon Control Act of December 22, 1944 (58 Stat. 887,891)— for Big Bend Dam (a) The entire interest, including gravel but excluding the and Reservoir project. interest in oil, ^as, and all other minerals of any nature whatso33 USC 701-1 ever, in approximately 14,299.03 acres of land within the taking et aeq. area described in this Act in the Lower Brule Sioux Reservation in South Dakota, in which the Lower Brule Sioux Tribe or individual Indians have a trust or restricted interest, and any interest the tribe or Indians may have within the bed of the Missouri River so far as it is within the boundaries of the reservation are hereby taken by the United States for the Big Bend Dam and Reservoir project on the Missouri Rive'r, and in consideration thereof and for trust or restricted lands heretofore acquired by the United States in condemnation proceedings for the Big Bend project the United States will pay to the tribe and the individual Indian owners, out of funds available for the Big Bend Dam and Reservoir project— (1) a sum aggregating $825,000, to be disbursed in accord'•"..• ance with the provisions of schedules prepared pursuant to section 2(b) of this Act; and (2) the amount of $400,715, which shall be in settlement of all claims, rights, and demands of the tribe and individual Indians arising out of the taking under this Act, to be disbursed in accordance with the provisions of section 2 hereof. (b) Upon a determination by the Secretary of the Army, within two years from the date of enactment of this Act, filed among the appropriate land records of the Department of the Interior, that any of the lands described in this Act are not required for Big Bend project purposes, title to such land shall be revested in the former owner. Compensation. SEC. 2. (a) The payments authorized by section 1 of this Act, less the amounts heretofore deposited by the United States in the case entitled United States of America, Plaintiff against 867.50 acres of land, etc., and Crow Creek Tribe of Sioux Indians et al., Defendants, civil numbered 335, filed in the United States District Court for the District of South Dakota, for trust property acquired in the taking area described in this Act, shall be deposited to the credit of the tribe in the Treasury of the United States and shall draw interest on the principal at the rate of 4 per centum per annum until expended. (b) The amount paid pursuant to section 1(a)(1) of this Act shall Schedules. be allocated in accordance with Indian ownership schedules prepared by the Secretary of the Interior, after consultation with the Lower Brule Tribal Council to correct known errors and to insure fair and equitable allocation. These schedules shall reflect the amount agreed upon by the Secretary of the Army and the Secretary of the Interior as the basis for negotiation, after appropriate acreage adjustments, increased by a uniform percentage to equal the amount paid. The amounts allocated for payment of property owned by individual Indians shall be credited to their respective individual Indian money

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