section], 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." CEMETERIES WITHIN RESERVATION

Section 9 of Pub. L. 85-731 provided that: "Except as provided below the provisions of the Act of August 13, 1954 (68 Stat. 718), as amended [sections 564 to 564w-1 of this title], 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. In the event such an organization is not formed by the tribe within eighteen months following enactment of this Act (August 23, 1958], 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 [subsec. (b) of this section]."

DEFERRAL OF TIME FOR SALES OF TRIBAL PROPERTY Sales of tribal property made pursuant to subsec. (a) (3) of this section or section 564e of this title as deferred until the adjournment of the second session of the Eighty-fifth Congress, see note set out under section 564e of this title.

The portion of the Klamath Indian Forest that is selected for sale pursuant to section 564d (a) (3) of this title to pay members who withdraw from the tribe shall be offered for sale by the Secretary of the Interior in appropriate units, on the basis of competitive bids, to any purchaser or purchasers who agree to manage the forest lands as far as practicable according to sustained yield procedures so as to furnish a continuous supply of timber according to plans to be prepared and submitted by them for approval and inclusion in the conveyancing instruments in accordance with specifications and requirements referred to in the invitations for bids: Provided, That no sale shall be for a price that is less than the realization value of the units involved determined as provided in subsection (c) of this section. The terms and conditions of the sales shall be prescribed by the Secretary. The specifications and minimum requirements to be included in the invitations for bids, and the determination of appropriate units for sale, shall be developed and made jointly by the Secretary of the Interior and the Secretary of

Agriculture. Such plans when prepared by the purchaser shall include provisions for the conservation of soil and water resources as well as for the management of the timber resources as hereinbefore set forth in this section. Such plans shall be satisfactory to and have the approval of the Secretary of Agriculture as complying with the minimum standards included in said specifications and requirements before the prospective purchaser shall be entitled to have his bid considered by the Secretary of the Interior and the failure on the part of the purchaser to prepare and submit a satisfactory plan to the Secretary of Agriculture shall constitute grounds for rejection of such bid. Such plans shall be incorporated as conditions in the conveyancing instruments executed by the Secretary and shall be binding on the grantee and all successors in interest. The conveyancing instruments shall provide for a forfeiture and a reversion of title to the lands to the United States, not in trust for or subject to Indian use, in the event of a breach of such conditions. The purchase price paid by the grantee shall be deemed to represent the full appraised fair market value of the lands, undiminished by the right of reversion retained by the United States in a nontrust status, and the retention of such right of reversion shall not be the basis for any claim against the United States. The Secretary of Agriculture shall be responsible for enforcing such conditions. Upon any reversion of title pursuant to this subsection, the lands shall become national forest lands subject to the laws that are applicable to lands acquired pursuant to sections 480, 500, 513 to 519, 521, 552, and 563 of Title 16.

(c) Appraisals; notice to Congressional committees; appropriation; realization value; report to Congressional committees.

Within sixty days after August 23, 1958 the Secretary of the Interior shall contract by negotiation with three qualified appraisers or three qualified appraisal organizations for a review of the appraisal approved by the Secretary pursuant to section 564d (a) (2) of this title. In such review full consideration shall be given to all reasonably ascertainable elements of land, forest, and mineral values. Not less than thirty days before executing such contracts the Secretary shall notify the chairman of the House Committee on Interior and Insular Affairs and the chairman of the Senate Committee on Interior and Insular Affairs of the names and addresses of the appraisers selected. The cost of the appraisal review shall be paid from tribal funds which are made available for such purpose, subject to full reimbursement by the United States, and the appropriation of funds for that purpose is authorized. Upon the basis of a review of the appraisal heretofore made of the forest units and marsh lands involved and such other materials as may be readily available, including additional market data since the date of the prior appraisal, but without making any new and independent appraisal, each appraiser shall estimate the fair market value of such forest units and marsh lands

as if they had been offered for sale on a competitive market without limitation on use during the interval between the adjournment of the Eightyfifth Congress and the termination date specified in section 564e (b) of this section. This value shall be known as the realization value. If the three appraisers are not able to agree on the realization value of such forest units and marsh lands, then such realization values shall be determined by averaging the values estimated by each appraiser. The Secretary shall report such realization values to the chairman of the House Committee on Interior and Insular Affairs and to the chairman of the Senate Committee on Interior and Insular Affairs not later than January 15, 1959. No sale of forest units that comprise the Klamath Indian forest designated pursuant to subsection (a) of this section shall be made under the provisions of sections 564 to 564w-1 of this title prior to April 1, 1959.

(d) Unsold forest units and marsh lands; title after publication in Federal Register; aggregate realization value; appropriation.

If all of the forest units offered for sale in accordance with subsection (b) of this section are not sold before April 1, 1961, the Secretary of Agriculture shall publish in the Federal Register a proclamation taking title in the name of the United States to as many of the unsold units or parts thereof as have, together with the Klamath Marsh lands acquired pursuant to subsection (f) of the section, an aggregate realization value of not to exceed $90,000,000, which shall be the maximum amount payable for lands acquired by the United States pursuant to sections 564 to 564w-1 of this title. Compensation for the forest lands so taken shall be the realization value of the lands determined as provided in subsection (c) of this section, unless a different amount is provided by law enacted prior to the proclamation of the Secretary of Agriculture. Appropriation of funds for that purpose is authorized. Payment shall be made as soon as possible after the proclamation of the Secretary of Agriculture. Such lands shall become national forest lands subject to the laws that are applicable to lands acquired pursuant to sections 480, 500, 513 to 519, 521, 552, and 563 of Title 16. Any of the forest units that are offered for sale and that are not sold or taken pursuant to subsection (b) or (d) of this section shall be subject to sale without limitation on use in accordance with the provisions of section 564d of this title.

(e) Sale of retained lands to Secretary of Agriculture.

If at any time any of the tribal lands that comprise the Klamath Indian Forest and that are retained by the tribe are offered for sale other than to members of the tribe, such lands shall first be offered for sale to the Secretary of Agriculture, who shall be given a period of twelve months after the date of each such offer within which to purchase such lands. No such lands shall be sold at a price below the price at which they have been offered for sale to the Secretary of Agriculture,

and if such lands are reoffered for sale they shall first be reoffered to the Secretary of Agriculture. The Secretary of Agriculture is authorized to purchase such lands subject to such terms and conditions as to the use thereof as he may deem appropriate, and any lands so acquired shall thereupon become national forest lands subject to the laws that are applicable to lands acquired pursuant to sections 480, 500, 513 to 519, 521, 552, and 563 of Title 16.

(f) Klamath Forest National Wildlife Refuge; appropriation.

The lands that comprise the Klamath Marsh shall be a part of the property selected for sale pursuant to section 564d (a) (3) of this title to pay members who withdraw from the tribe. Title to such lands is taken in the name of the United States, effective the earliest date after September 30, 1959, when the Secretary of the Interior determines that funds for the payment of the purchase price are available from the sale of stamps under the Migratory Bird Hunting Stamp Act of March 16, 1934, as amended. Such lands are designated as the Klamath Forest National Wildlife Refuge, which shall be administered in accordance with the law applicable to areas acquired pursuant to section 718d of Title 16, as amended or supplemented. Compensation for said taking shall be the realization value of the lands determined in accordance with subsection (c) of this section, and shall be paid out of funds in the Treasury of the United States, which are authorized to be appropriated for that purpose.

(g) Homesites.

Any person whose name appears on the final role of the tribe, and who has since December 31, 1956, continuously resided on any lands taken by the United States by subsections (d) and (f) of this section, shall be entitled to occupy and use as a homesite for his lifetime a reasonable acreage of such lands, as determined by the Secretary of Agriculture, subject to such regulations as the Secretary of Agriculture may issue to safe.. guard the administration of the national forest and as the Secretary of the Interior may issue to safeguard the administration of the Klamath Forest National Wildlife Refuge.

(h) Administration of outstanding timber sales con

tracts.

If title to any of the lands comprising the Klamath Indian Forest is taken by the United States, the administration of any outstanding timber sales contracts thereon entered into by the Secretary of the Interior as trustee for the Klamath Indians shall be administered by the Secretary of Agriculture.

(i) Right of United States to use roads.

All sales of tribal lands pursuant to subsection (b) of this section or pursuant to section 564d of this title on which roads are located shall be made subject to the right of the United States

and its assigns to maintain and use such roads. (Aug. 13, 1954, ch. 732, § 8, as added Aug. 23, 1958, Pub L. 85-731, § 1, 72 Stat. 816, and amended Sept. 9, 1959, Pub. L. 86-247, 73 Stat. 477.)

REFERENCES IN TEXT

The adjournment of the Eighty-fifth Congress, referred to in subsec. (c) of this section, took place on Aug. 24, 1958.

Migratory Bird Hunting Stamp Act of March 16, 1934, as amended. referred to in subsec. (f), is classified to

sections 718-718b, 718c-718h of Title 16, Conservation.

AMENDMENTS

1959 Subsec. (1). Pub. L. 86-247 changed the date for the Federal acquisition of the Klamath Indian Marsh from April 1, 1961, to the earliest date after September 30, 1959, that funds are available to pay for the property from the sale of stamps.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 564, 564a, 564b, 564d, 5641, 5641, 5641, 564m, 564n, 5640, 564p, 564q, 564г, 564s, 564t, 564u, 564v, 564x of this title.

AN ACT

To provide for the protection of the Okefenokee National Wildlife Refuge, Georgia, against damage from fire and drought.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) for the purpose of protecting the natural features and the very substantial public values represented in the Okefenokee National Wildlife Refuge, Georgia, from disastrous fires such as those which swept over 80 per centum of the area between October 1954 and June 1955, and for the purpose of safeguarding the forest resources on more than four hundred thousand acres of adjoining lands recently damaged by wildfires originating in or sustained by the desiccated peat deposits in the Okefenokee Swamp, the Secretary of the Interior shall construct a continuous perimeter road around the Okefenokee National Wildlife Refuge with additional fire access roads (leading from such perimeter road) in and around such refuge; and for the purpose of protecting such refuge against damage from drought he shall construct a sill and dike in the Suwanee River near the point where the river leaves the refuge together with additional sills in the Old Saint Marys River Canal and at such other points within the refuge as he may determine to be necessary to prevent drainage of the Okefenokee Swamp

during periods of drought such as those which occurred in 1953-1955 and other years.

(b) The Secretary of the Interior is authorized and directed to conduct such surveys as he deems necessary to provide more adequate protection for the Okefenokee National Wildlife Refuge, through the development and construction of perimeter and fire access roads and the installation of water controls as described in subsection (a), against the damaging effects of fire and drought.

(c) The Secretary of the Interior is authorized and directed to cooperate with State and local authorities in protecting public and private lands from wildfires originating in or sustained by the Okefenokee National Wildlife Refuge by integrating the perimeter road and fire access roads with existing woods roads in such manner as he determines will best carry out the purpose of this Act.

SEC. 2. There are hereby authorized to be appropriated to carry out this Act (1) the sum of $453,500 for the construction of a continuous perimeter road around the Okefenokee National Wildlife Refuge and approximately one hundred and sixty-two miles of fire access roads, together with necessary bridges and culverts, in and around such refuge, and (2) the sum of $275,000 for the construction of a sill and dike in the Suwanee River and sills at other appropriate points in the Okefenokee National Wildlife Refuge.

Approved July 26, 1956.

AN ACT

To reduce in area the Parker River National Wildlife Refuge in Essex County, Massachusetts, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Parker River National Wildlife Refuge in Essex County, Massachusetts, is hereby reduced in area by eliminating therefrom those portions of the refuge designated and known as the Crane Pond, Downfall, and Mill Creek Areas, and the Secretary of the Interior is authorized and

directed to dispose of all of the interests of the United States in such areas in accordance with the provisions of this Act.

SEC. 2. (a) Within ninety days following the date of enactment of this Act, the Secretary of the Interior shall mail, to each prior owner of such lands within the three areas designated in section 1 as have been acquired by the United States by direct purchase or the ownership of which has been determined and compensation therefor paid to the prior owner thereof in the condemnation proceeding entitled "United States v. 12,367.47 Acres More or Less of Land Situate in Essex County, Massa

chusetts, Civil No. 7010, in the District Court of the United States for the District of Massachusetts", or in any other condemnation proceeding instituted by the United States for the acquisition of lands for the Parker River National Wildlife Refuge, a notice stating in effect that title to the lands acquired from such prior owner will be reconveyed to that prior owner upon payment to the United States, within sixty days after the receipt of such notice, of an amount equal to the purchase price paid by the United States for such lands. Upon receipt of payment from the prior owner of the lands in question, the Secretary of the Interior shall convey all right, title, and interest of the United States in such land to the prior owner thereof.

(b) With respect to such other lands as lie within the three areas designated in section 1 and are included in the condemnation proceeding or proceedings referred to, and compensation for the taking of which has not been paid to the prior owners thereof, the Attorney General of the United States is authorized and directed to exclude the same from the condemnation proceedings entitled “United States v. 12,367.47 Acres More or Less of Land Situate in Essex County, Massachusetts, Civil No. 7010, in the District Court of the United States for the District of Massachusetts", or any other condemnation proceeding instituted by the United States for the acquisition of lands for the Parker River National Wildlife Refuge, in accordance with the provisions of the Act of October 21, 1942 (56 Stat. 797; 40 U.S.C., Supp. 258f), within ninety days following the date of enactment of this Act or within such additional period as the court in such proceeding may determine to be necessary to effectuate the purposes of this Act.

(c) Such lands lying within the boundaries of the areas designated in section 1, the title to which cannot be returned to the prior owners thereof in accordance with the provisions of this section,

shall be disposed of in such manner and at such prices as the Secretary of the Interior may deem to be in the best interests of the United States.

SEC. 3. All moneys paid to the United States in accordance with the provisions of section 2, for the reconveyance of lands to prior owners or in connection with the disposition of such lands as provided therein, all moneys on deposit with the District Court of the United States for the District of Massachusetts for payment as compensation for the taking of lands within the three areas designated in section 1 as are excluded by stipulation from such condemnation proceeding or proceedings, in accordance with the provisions of section 2, shall be credited to the then current appropriation for carrying out the provisions of section 4 of the Act of March 16, 1934 (48 Stat. 451; 16 U.S.C. 718-718h), as amended, shall remain available for such purposes until expended.

SEC. 4. In the administration of the Parker River National Wildlife Refuge, the Secretary of the Interior is directed to provide assistance to and cooperate with Federal, State, and public or private agencies and organizations in protecting, developing, and maintaining the edible clam resources found within and adjacent to the Parker River National Wildlife Refuge, all in accordance with the provisions of section 1 of the Act of August 14, 1946 (Public Law Numbered 732, Seventy-ninth Congress, second session), and Acts supplementary thereto within the limits of available appropriations.

SEC. 5. Management and administration of the propagation and taking of clams within the boundaries of the Parker River National Wildlife Refuge shall continue to be exercised in accordance with State and local laws and ordinances, but subject to the provisions of section 10 of the Migratory Bird Conservation Act of February 18, 1929 (45 Stat. 1222), as amended.

Approved June 3, 1948.

69-254 O-72-8