25 USC 500j. ''Reindeer'' defined
TITLE 25 -- INDIANS
''Reindeer'' as used in this subchapter shall be understood to
include reindeer and such caribou as have been introduced into animal
husbandry or have actually joined reindeer herds, and the increase
thereof.
(Sept. 1, 1937, ch. 897, 11, 50 Stat. 902.)
Section was formerly classified to section 250j of Title 48,
Territories and Insular Possessions.
25 USC 500k. Rules and regulations
TITLE 25 -- INDIANS
The Secretary of the Interior is hereby authorized to promulgate such
rules and regulations as, in his judgment, are necessary to carry into
effect the provisions of this subchapter.
(Sept. 1, 1937, ch. 897, 12, 50 Stat. 902.)
Section was formerly classified to section 250k of Title 48,
Territories and Insular Possessions.
25 USC 500l. Appointment of natives to administer industry
TITLE 25 -- INDIANS
Whenever, in his judgment, it is practicable and to the best
interests of the natives the Secretary shall appoint natives to the
supervisory and other positions in the administration of such reindeer
industry or business.
(Sept. 1, 1937, ch. 897, 13, 50 Stat. 902.)
Section was formerly classified to section 250l of Title 48,
Territories and Insular Possessions.
25 USC 500m. Use of public lands; violation
TITLE 25 -- INDIANS
In order to coordinate the use of public lands in Alaska for grazing
reindeer with the purposes of this subchapter, the Secretary of the
Interior is hereby authorized to regulate the grazing of reindeer upon
said lands. He may, in his discretion, define reindeer ranges and
regulate the use thereof for grazing reindeer; issue grazing permits;
regulate and control all round-ups, handlings, markings, and butcherings
of reindeer upon said public lands; and may issue rules and regulations
to carry into effect the provisions of this section. Any person who
willfully violates any of the rules and regulations promulgated for the
purpose of carrying into effect the provisions of this section shall be
deemed guilty of a misdemeanor and, upon conviction thereof, shall be
punished by imprisonment for not more than one year or by a fine of not
more than $500.
(Sept. 1, 1937, ch. 897, 14, 50 Stat. 902.)
Section was formerly classified to section 250m of Title 48,
Territories and Insular Possessions.
25 USC 500n. ''Natives of Alaska'' defined
TITLE 25 -- INDIANS
The term ''natives of Alaska'' as used herein shall be deemed to mean
the native Indians, Eskimos, and Aleuts of whole or part blood
inhabiting Alaska at the time of the Treaty of Cession of Alaska to the
United States and their descendants of whole or part blood, together
with the Indians and Eskimos who, since the year 1867 and prior to
September 1, 1937, have migrated into Alaska from the Dominion of
Canada, and their descendants of the whole or part blood.
(Sept. 1, 1937, ch. 897, 15, 50 Stat. 902.)
Herein, referred to in text, means act Sept. 1, 1937, which
comprises this subchapter. For complete classification of this Act to
the Code, see Tables.
Section was formerly classified to section 250n of Title 48,
Territories and Insular Possessions.
25 USC SUBCHAPTER VIII -- INDIANS IN OKLAHOMA: PROMOTION OF WELFARE
TITLE 25 -- INDIANS
Modoc Tribe and its members, applicability of this subchapter to, see
section 861a of this title.
25 USC 501. Acquisition of agricultural and grazing lands for Indians;
title to lands; tax exemption
TITLE 25 -- INDIANS
The Secretary of the Interior is authorized, in his discretion, to
acquire by purchase, relinquishment, gift, exchange, or assignment, any
interest in lands, water rights, or surface rights to lands, within or
without existing Indian reservations, including trust or otherwise
restricted lands now in Indian ownership: Provided, That such lands
shall be agricultural and grazing lands of good character and quality in
proportion to the respective needs of the particular Indian or Indians
for whom such purchases are made. Title to all lands so acquired shall
be taken in the name of the United States, in trust for the tribe, band,
group, or individual Indian for whose benefit such land is so acquired,
and while the title thereto is held by the United States said lands
shall be free from any and all taxes, save that the State of Oklahoma is
authorized to levy and collect a gross-production tax, not in excess of
the rate applied to production from lands in private ownership, upon all
oil and gas produced from said lands, which said tax the Secretary of
the Interior is authorized and directed to cause to be paid.
(June 26, 1936, ch. 831, 1, 49 Stat. 1967.)
Act June 26, 1936, ch. 831, 49 Stat. 1967, as amended, which
enacted this subchapter, is popularly known as the ''Oklahoma Welfare
Act''.
Choctaw Tribe and its members, this subchapter not to apply after
Aug. 25, 1959, see section 7 of Pub. L. 86-192, Aug. 25, 1959, 73
Stat. 421, set out as a note under section 355 of this title.
Inapplicability of section to Osage County, Oklahoma, see section 508
of this title.
Right-of-way grant, consent of tribal officials, see section 324 of
this title.
25 USC 502. Purchase of restricted Indian lands; preference to
Secretary of the Interior; waiver of preference
TITLE 25 -- INDIANS
Whenever any restricted Indian land or interests in land, other than
sales or leases of oil, gas, or other minerals therein, are offered for
sale, pursuant to the terms of this subchapter or any other Act of
Congress, the Secretary of the Interior shall have a preference right,
in his discretion, to purchase the same for or in behalf of any other
Indian or Indians of the same or any other tribe, at a fair valuation to
be fixed by the appraisement satisfactory to the Indian owner or owners,
or if offered for sale at auction said Secretary shall have a preference
right, in his discretion, to purchase the same for or in behalf of any
other Indian or Indians by meeting the highest bid otherwise offered
therefor.
The preference right of the Secretary to purchase shall be considered
as waived where notice of the pendency of sale is given in writing to
the Superintendent of the Five Civilized Tribes for at least ten days
prior to the date of sale and the Secretary does not within that time
exercise the preferential right to purchase.
(June 26, 1936, ch. 831, 2, 49 Stat. 1967; Aug. 4, 1947, ch. 458,
10, 61 Stat. 734.)
1947 -- Act Aug. 4, 1947, provided for waiver of preference by
failure to purchase after notice.
Inapplicability of section to Osage County, Oklahoma, see section 508
of this title.
25 USC 503. Organization of tribes or bands; constitution; charter;
right to participate in revolving credit fund
TITLE 25 -- INDIANS
Any recognized tribe or band of Indians residing in Oklahoma shall
have the right to organize for its common welfare and to adopt a
constitution and bylaws, under such rules and regulations as the
Secretary of the Interior may prescribe. The Secretary of the Interior
may issue to any such organized group a charter of incorporation, which
shall become operative when ratified by a majority vote of the adult
members of the organization voting: Provided, however, That such
election shall be void unless the total vote cast be at least 30 per
centum of those entitled to vote. Such charter may convey to the
incorporated group, in addition to any powers which may properly be
vested in a body corporate under the laws of the State of Oklahoma, the
right to participate in the revolving credit fund and to enjoy any other
rights or privileges secured to an organized Indian tribe under the Act
of June 18, 1934 (48 Stat. 984) (25 U.S.C. 461 et seq.): Provided, That
the corporate funds of any such chartered group may be deposited in any
national bank within the State of Oklahoma or otherwise invested,
utilized, or disbursed in accordance with the terms of the corporate
charter.
(June 26, 1936, ch. 831, 3, 49 Stat. 1967.)
Act of June 18, 1934, referred to in text, popularly known as the
Indian Reorganization Act, is classified generally to subchapter V ( 461
et seq.) of this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 461 of this title
and Tables.
Inapplicability of section to Osage County, Oklahoma, see section 508
of this title.
25 USC 504. Cooperative associations; charter; purposes; voting
rights
TITLE 25 -- INDIANS
Any ten or more Indians, as determined by the official tribal rolls,
or Indian descendants of such enrolled members, or Indians as defined in
the Act of June 18, 1934 (48 Stat. 984) (25 U.S.C. 461 et seq.), who
reside within the State of Oklahoma in convenient proximity to each
other may receive from the Secretary of the Interior a charter as a
local cooperative association for any one or more of the following
purposes: Credit administration, production, marketing, consumers'
protection, or land management. The provisions of this subchapter, the
regulations of the Secretary of the Interior, and the charters of the
cooperative associations issued pursuant thereto shall govern such
cooperative associations: Provided, That in those matters not covered
by this subchapter, regulations, or charters, the laws of the State of
Oklahoma, if applicable, shall govern. In any stock or nonstock
cooperative association no one member shall have more than one vote, and
membership therein shall be open to all Indians residing within the
prescribed district.
(June 26, 1936, ch. 831, 4, 49 Stat. 1967.)
Act of June 18, 1934, referred to in text, popularly known as the
Indian Reorganization Act, is classified generally to subchapter V ( 461
et seq.) of this chapter. Provisions of the Act defining ''Indian''
appear in section 479 of this title. For complete classification of
this Act to the Code, see Short Title note set out under section 461 of
this title and Tables.
Inapplicability of section to Osage County, Oklahoma, see section 508
of this title.
25 USC 505. Amendment or revocation of charters; suits by and against
associations
TITLE 25 -- INDIANS
The charters of any cooperative association organized pursuant to
section 504 of this title shall not be amended or revoked by the
Secretary except after a majority vote of the membership. Such
cooperative associations may sue and be sued in any court of the State
of Oklahoma or of the United States having jurisdiction of the cause of
action, but a certified copy of all papers filed in any action against a
cooperative association in a court of Oklahoma shall be served upon the
Secretary of the Interior, or upon an employee duly authorized by him to
receive such service. Within thirty days after such service or within
such extended time as the trial court may permit, the Secretary of the
Interior may intervene in such action or may remove such action to the
United States district court.
(June 26, 1936, ch. 831, 5, 49 Stat. 1968; June 25, 1948, ch. 646,
29, 62 Stat. 991.)
1948 -- Act June 25, 1948, struck out provisions relating to
procedure for removal. See sections 1441 to 1450 of Title 28, Judiciary
and Judicial Procedure.
Section 38 of act June 25, 1948, provided that the amendment made by
that act is effective Sept. 1, 1948.
Inapplicability of section to Osage County, Oklahoma, see section 508
of this title.
25 USC 506. Loans to individuals and groups; appropriation
TITLE 25 -- INDIANS
The Secretary is authorized to make loans to individual Indians and
to associations or corporate groups organized pursuant to this
subchapter. For the making of such loans and for expenses of the
cooperative associations organized pursuant to this subchapter there
shall be appropriated, out of the Treasury of the United States, the sum
of $2,000,000.
(June 26, 1936, ch. 831, 6, 49 Stat. 1968.)
Refinancing Lending Agency Loans
Use of Revolving Loan Fund for Indians to assist Klamath Indians
during period for terminating Federal supervision, see note set out
under section 564 of this title. Funds to be administered as a single
Indian Revolving Loan Fund after Apr. 12, 1974, see section 1461 of
this title.
Inapplicability of section to Osage County, Oklahoma, see section 508
of this title.
Indians eligible for loans, see section 480 of this title.
Interest charges to be covered into revolving fund, see section 470a
of this title.
25 USC 507. Availability and allocation of funds; royalties from
mineral deposits
TITLE 25 -- INDIANS
All funds appropriated under the several grants of authority
contained in the Act of June 18, 1934 (48 Stat. 984) (25 U.S.C. 461 et
seq.), are hereby made available for use under the provisions of this
subchapter, and Oklahoma Indians shall be accorded and allocated a fair
and just share of any and all funds appropriated after June 26, 1936,
under the authorization herein set forth: Provided, That any royalties,
bonuses, or other revenues derived from mineral deposits underlying
lands purchased in Oklahoma under the authority granted by this
subchapter, or by the Act of June 18, 1934, shall be deposited in the
Treasury of the United States, and such revenues are made available for
expenditure by the Secretary of the Interior for the acquisition of
lands and for loans to Indians in Oklahoma as authorized by this
subchapter and by the Act of June 18, 1934 (48 Stat. 984).
(June 26, 1936, ch. 831, 7, 49 Stat. 1968.)
Act of June 18, 1934, referred to in text, popularly known as the
Indian Reorganization Act, is classified generally to subchapter V ( 461
et seq.) of this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 461 of this title
and Tables.
Inapplicability of section to Osage County, Oklahoma, see section 508
of this title.
25 USC 508. Application of provisions to Osage County
TITLE 25 -- INDIANS
This subchapter shall not relate to or affect Osage County, Oklahoma.
(June 26, 1936, ch. 831, 8, 49 Stat. 1968.)
25 USC 509. Rules and regulations; repeals
TITLE 25 -- INDIANS
The Secretary of the Interior is authorized to prescribe such rules
and regulations as may be necessary to carry out the provisions of this
subchapter. All Acts or parts of Acts inconsistent with this subchapter
are repealed.
(June 26, 1936, ch. 831, 9, 49 Stat. 1968.)
25 USC 510. Payment of gross production taxes; method
TITLE 25 -- INDIANS
Whenever restricted Indian lands in the State of Oklahoma are subject
to gross production tax on minerals, including oil and gas, the
Secretary of the Interior, in his discretion, may cause such tax or
taxes due the State of Oklahoma to be paid in the manner provided for by
the statutes of the State of Oklahoma.
(Aug. 25, 1937, ch. 772, 50 Stat. 806.)
This section was not enacted as part of act June 26, 1936, ch. 831,
49 Stat. 1967, which comprises this subchapter.
25 USC SUBCHAPTER IX -- KLAMATH TRIBE: CAPITAL RESERVE FUND
TITLE 25 -- INDIANS
25 USC 530. Capital reserve fund; interest for administrative
expenses
TITLE 25 -- INDIANS
The Secretary of the Interior shall cause to be established on the
books of the Treasury, out of any unobligated tribal funds of the
Indians of the Klamath Reservation in Oregon (hereinafter referred to as
the ''Klamath Indians'') on deposit in the Treasury of the United
States, a capital reserve fund for said Klamath Indians. Such fund
shall be created by setting aside the sum of $50,000 for the fiscal year
1937, and shall be augmented by additions of $50,000 for each fiscal
year thereafter. Such fund shall be held in the Treasury of the United
States and shall bear interest as provided by law. The interest upon
such fund shall be used, insofar as it is sufficient, for the payment of
the expenses of administration of the Klamath Indian Reservation in
Oregon.
(Aug. 28, 1937, ch. 874, 1, 50 Stat. 872.)
Transfer of certain judgment funds to capital reserve fund, see
section 542 of this title.
25 USC 531 to 535. Repealed. Aug. 13, 1954, ch. 732, 12, 68 Stat.
721
TITLE 25 -- INDIANS
Sections 531 to 535, act Aug. 28, 1937, ch. 874, 2-6, 50 Stat.
872, 873, related to revolving loan fund. See section 564 et seq. of
this title.
Section 12 of act Aug. 13, 1954, provided that the repeal is
effective on the date of the transfer of title to tribal property to a
trustee, corporation, or other legal entity pursuant to section 564e of
this title.
25 USC 541. Creation of individual credits; authorized purchases
TITLE 25 -- INDIANS
The Secretary of the Interior is authorized and directed from the
judgment fund of the Klamath and Modoc Tribes and Yahooskin Band of
Snake Indians created as the result of the passage of the Act of June
25, 1938, and accrued interest thereon, to credit the sum of $2,000 upon
the books of the Office of Indian Affairs, to each person determined by
the Secretary of the Interior to be entitled to enrollment upon the
annuity roll of said tribes of the Klamath Reservation, Oregon, living
on August 7, 1939. The share of each adult member and not to exceed
$1,500 of the share of any minor shall be available for expenditure,
under such rules and regulations as the Secretary of the Interior may
prescribe, for the following purposes:
Purchase of land; improvement of lands acquired or already held by
the Indian; erection and improvement of suitable homes; repayment of
any loans received from the United States or from the Klamath tribal
funds; purchase of building material, farming equipment, livestock,
feed, food, seed, grain, tools, machinery, implements, household goods,
bedding, clothing, and any other equipment or supplies necessary to
enable the Indians to fit themselves for or to engage in farming,
livestock, industry, or such other pursuits or vocations, including
education, as will enable them to become self-supporting; and health
purposes: Provided, however, That the funds of the aged, infirm,
decrepit, and incapacitated members, and of minors, may be used for
their proper maintenance and support. The remainder of the share of
each minor Indian shall be held intact until such Indian reaches his
majority, when it, together with interest at the rate of 4 per centum
per annum, shall be available for expenditure for the purposes specified
herein. As herein used, the term ''minor'' shall include all members of
the tribe less than twenty-one years of age, except that minors eighteen
years of age or over and who are married or have families of their own
to support, shall be regarded as adults. On the death of any enrolled
member, adult, or minor, the sum on deposit to his credit shall be
distributed as personal property, and shall be available for expenditure
by the distributees only for the purposes herein authorized: Provided,
however, That of the aforesaid $2,000 to be prorated to each person,
$100 shall be paid to each member of said tribes as a per capita
payment, free from the aforesaid restrictions, under rules and
regulations prescribed by the Secretary of the Interior.
(Aug. 7, 1939, ch. 552, 1, 53 Stat. 1252.)
Act of June 25, 1938, referred to in text, probably refers to the
Second Deficiency Appropriation Act, fiscal year 1938, act June 25,
1938, ch. 681, 203(a), 52 Stat. 1156. Section 203(a) of that act
provided for an appropriation for payment of judgments rendered by the
court of claims and reported to the 75th Congress in Senate Document
Numbered 191, and House Documents Numbered 661 and 686. House Document
No. 681 listed a judgment in favor of the Klamath and Modoc Tribes and
Yahooskin Band of Snake Indians in the sum of $5,313,347.32, with
interest on a part thereof to date of payment, for the taking of land.
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
25 USC 542. Limitations on remainder of fund
TITLE 25 -- INDIANS
After the segregation provided for in section 541 of this title shall
have been made, the remainder of such judgment fund, including interest,
shall be available for expenditure subject to the following limitations
and conditions:
(a) Repealed. Aug. 13, 1954, ch. 732, 12, 68 Stat. 721.
(b) Three hundred and seventy-five thousand dollars for immediate
payment in a lump sum of $1,500 to each adult unallotted Indian found to
be entitled to payment in lieu of allotment, as authorized in the Act of
June 1, 1938 (52 Stat. 605) (25 U.S.C. 551 et seq.): Provided, That the
amount due any minor under the provisions of said subchapter shall be
withheld until he becomes an adult, as herein defined, when it shall be
paid to him in a lump sum from any funds, principal, or interest, on
deposit to the credit of the Klamath Tribe, and section 2 of said Act of
June 1, 1938 (25 U.S.C. 552), is amended accordingly.
(c) Such moneys as shall remain in the principal fund shall be
transferred to and become a part of the capital reserve fund created by
section 530 of this title.
(Aug. 7, 1939, ch. 552, 2, 53 Stat. 1253; Aug. 13, 1954, ch. 732,
12, 68 Stat. 721.)
Act of June 1, 1938, referred to in subsec. (b), is act June 1,
1938, ch. 310, 52 Stat. 605, as amended, which is classified generally
to subchapter XI ( 551 et seq.) of this chapter. For complete
classification of this Act to the Code, see Tables.
1954 -- Subsec. (a). Act Aug. 13, 1954, repealed subsec. (a) which
related to transfer of funds.
Section 12 of act Aug. 13, 1954, provided that the amendment made by
that section is effective on the date of the transfer of tribal property
to a trustee, corporation, or other legal entity pursuant to section
564e of this title.
25 USC 543. Liability of judgment funds for debts
TITLE 25 -- INDIANS
In no event shall any portion of the said judgment fund become
liable, payable, or subject to any debt or debts contracted prior to the
passage of this subchapter by any Indian of the Klamath Tribe except
debts to the United States or to the tribe.
(Aug. 7, 1939, ch. 552, 3, 53 Stat. 1253.)
25 USC 544. Creation of individual credits; authorized purchases
TITLE 25 -- INDIANS
The Secretary of the Interior be, and he is authorized and directed,
from the capital reserve fund deposited in the Treasury of the United
States to the credit of the Klamath and Modoc Tribes and Yahooskin Band
of Snake Indians (hereinafter referred to as the ''Klamath Tribes''),
said fund being established pursuant to the Act of August 28, 1937 (ch.
874, 50 Stat. 872) (25 U.S.C. 530 et seq.), as augmented by the proceeds
of the judgment fund of the Klamath Indians as provided in the Act of
August 7, 1939 (ch. 552, 53 Stat. 1252) (25 U.S.C. 541 et seq.), to
credit the sum of $500 upon the books of the Office of Indian Affairs,
to each person determined by the Secretary of the Interior to be
entitled to enrollment upon the annuity roll of said tribes of the
Klamath Reservation, Oregon, living upon March 29, 1948. The share of
each adult member of the credit so established shall be available for
expenditure, under such rules and regulations as the Secretary of the
Interior may prescribe, for the following purposes:
Purchase of land or interests in land; improvement of lands acquired
or already held by the Indian; erection and improvement of suitable
homes including household equipment and furnishings; repayment of any
loans received from the United States or from the Klamath tribal funds;
purchase of building material, feed, seed, and grain; purchase or
rehabilitation and repair of farming equipment, tools, trucks, tractors,
machinery, and implements; and purchase of any other equipment or
supplies necessary to enable the Indians to fit themselves for or to
engage in farming, livestock, industry, or such other pursuits or
vocations, including education and adult education, as will enable them
to become self-supporting; and health, including dental work:
Provided, however, That the funds of the aged, infirm, decrepit, and
incapacitated members may be used for their proper maintenance and
support: Provided further, That during minority the share of each minor
Indian shall be available for expenditure only for his education and for
health purposes, including dental work, except that in an emergency
expenditure of a minor Indian's share may be made for any of the
purposes specified in this section and section 545 of this title. As
herein used, the term ''minor'' shall include all members of the tribe
who have not attained the age of twenty-one years, except that minors
eighteen years of age or over and who are married or have families of
their own to support, shall be regarded as adults. On the death of any
enrolled member, adult or minor, the sum on deposit to his credit shall
be distributed as personal property, and shall be available for
expenditure by the distributees only for the purposes herein authorized:
And provided further, That each member of the Klamath Tribes honorably
discharged from service to the United States in its armed forces shall,
upon application to the Commissioner of Indian Affairs, be paid $200 in
cash, free from the aforesaid restrictions and in addition to the $500
to be credited to such member as provided in this section.
(Mar. 29, 1948, ch. 160, 2, 62 Stat. 92.)
Act of August 28, 1937, referred to in text, is act Aug. 28, 1937,
ch. 874, 50 Stat. 872, as amended, which is classified generally to
subchapter IX ( 530 et seq.) of this chapter.
Act of August 7, 1939, referred to in text, is act Aug. 7, 1939, ch.
552, 53 Stat. 1252, as amended, which is classified generally to this
subchapter. For complete classification of this Act to the Code, see
Tables.
This section was not enacted as part of act Aug. 7, 1939, ch. 552,
53 Stat. 1252, which comprises this subchapter.
Section 1 of act Mar. 29, 1948, provided: ''That this Act (enacting
this section and section 545 of this title) shall be known as the
'Klamath Welfare Act'.''
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the
Appendix to Title 5, Government Organization and Employees.
25 USC 545. Liability of judgment funds for debts
TITLE 25 -- INDIANS
In no event shall any portion of the funds directed to be credited
and paid become liable, payable, or subject to any debt or debts
contracted prior to the passage of this section and section 544 of this
title by any Indian of the Klamath Tribe, except debts to the United
States or to the tribe.
(Mar. 29, 1948, ch. 160, 3, 62 Stat. 93.)
This section was not enacted as part of act Aug. 7, 1939, ch. 552,
53 Stat. 1252, which comprises this subchapter.
25 USC SUBCHAPTER XI -- KLAMATH TRIBE: PAYMENTS IN LIEU OF ALLOTMENTS;
INHERITANCE OF RESTRICTED PROPERTY
TITLE 25 -- INDIANS
25 USC 551. ''Klamath Tribe'' defined
TITLE 25 -- INDIANS
As used in this subchapter the term ''Klamath Tribe'' includes the
members of the Klamath and Modoc Tribes and the Yahooskin Band of Snakes
and all other Indians having rights on the Klamath Indian Reservation in
the State of Oregon.
(June 1, 1938, ch. 310, 1, 52 Stat. 605.)
25 USC 552. Payments in lieu of allotments
TITLE 25 -- INDIANS
Each enrolled member of the Klamath Tribe living on June 1, 1938, who
has not received an allotment of land shall be paid the sum of $1,500
from unobligated Klamath tribal funds on deposit in the Treasury of the
United States, under such rules and regulations as the Secretary of the
Interior shall prescribe, in installments of not to exceed $300 per
annum: Provided, That no member of the Klamath Tribe who shall not be
enrolled within one year from June 1, 1938, shall receive a payment in
lieu of allotment. No member of the Klamath Tribe born after June 1,
1938, shall be entitled to receive any allotment of land or money
payment in lieu thereof.
(June 1, 1938, ch. 310, 2, 52 Stat. 605.)
Minor's funds withheld until he becomes an adult, see section 542 of
this title.
25 USC 553. Deposit and expenditure of payments
TITLE 25 -- INDIANS
The payments herein authorized shall be deposited to the credit of
the individual Indian money accounts of such Indians subject to
expenditure by such Indians, under such rules and regulations as the
Secretary of the Interior may prescribe for (1) industrial and
agricultural assistance, and the construction and improvement of homes,
including the purchase of land and interests in land, building material,
farming equipment, industrial equipment, trucks, livestock, feed, food,
seed, tools, machinery, implements, household goods, bedding, clothing,
and any other equipment or supplies necessary to enable the Indians to
fit themselves for or to engage in the farming, livestock industry, or
such other industrial or agricultural pursuits or avocations as will
enable them to become self-supporting; (2) the educational advancement
of such Indians; (3) financial assistance in cases of illness, death,
or other emergency; (4) the repayment of reimbursable debts previously
contracted; or (5) security for or the repayment of loans made to such
Indians from any Klamath revolving loan fund now existent or which shall
hereafter be created.
(June 1, 1938, ch. 310, 3, 52 Stat. 605.)
Herein, referred to in text, means act June 1, 1938, which comprises
this subchapter. For complete classification of this Act to the Code,
see Tables.
25 USC 554. Disposition of payment on death of Indian
TITLE 25 -- INDIANS
In the event of the death of any such Indian entitled to receive a
payment in lieu of allotment after June 1, 1938, any unexpended balance
of said $1,500 still due the decedent shall first be applied to the
repayment of any loans received by such Indian from the United States or
from the Klamath Tribal funds, and the balance thereafter shall be
distributed as personal property.
(June 1, 1938, ch. 310, 4, 52 Stat. 606.)
25 USC 555. Repealed. Aug. 13, 1954, ch. 732, 9(c), 68 Stat. 721
TITLE 25 -- INDIANS
Section, act June 1, 1938, ch. 310, 5, 52 Stat. 606, related to
devise of restricted or trust property and is now covered by section
564h of this title.
25 USC 556. Reversion of interest in property on death without heirs
or devisees
TITLE 25 -- INDIANS
If any enrolled member of the Klamath Tribe dies without lawful heirs
or devises, /1/ all interest which such member has in any restricted or
trust property within the Klamath Reservation shall revert to and become
part of the common tribal property.
(June 1, 1938, ch. 310, 6, 52 Stat. 606.)
/1/ So in original. Probably should be ''devisees,''.
25 USC SUBCHAPTER XII -- KLAMATH TRIBE: FEES AND CHARGES
TITLE 25 -- INDIANS
25 USC 561, 562. Omitted
TITLE 25 -- INDIANS
Sections, which related to fees for general services and medical
services, were from the Interior Department Appropriation Act, 1946,
July 3, 1945, ch. 262, 1, 59 Stat. 334, and were not repeated in the
Interior Department Appropriation Act of 1947, July 1, 1946, ch. 529,
60 Stat. 348.
25 USC 563. Salaries and expenses for Klamath Tribe Officials
TITLE 25 -- INDIANS
The Secretary of the Interior, or such official as may be designated
by him, is authorized, until otherwise directed by Congress, to advance
to the tribe or to pay out of any unobligated tribal funds of the
Klamath Indians in the Treasury of the United States salaries and
expenses of tribal officials or representatives (except the Klamath Loan
Fund Board) at rates and/or limitations designated in advance by the
Klamath General Council, or any governing body to which it may delegate
such authority, and approved by the Secretary of the Interior:
Provided, That the length of stay of representatives serving the tribe
at the seat of government shall be determined by the Secretary of the
Interior.
(May 29, 1953, ch. 86, 1, 67 Stat. 40.)
A prior section 563, act June 25, 1938, ch. 710, 52 Stat. 1207;
Aug. 7, 1939, ch. 519, 53 Stat. 1244; May 15, 1945, ch. 123, 59
Stat. 167, which provided for payment of salaries and expenses of
Klamath Tribe officials out of tribal funds but limited the amount of
such expenditures to $15,000 per annum, was repealed by act May 29,
1953, 2, 67 Stat. 40.
25 USC SUBCHAPTER XIII -- KLAMATH TRIBE: TERMINATION OF FEDERAL
SUPERVISION
TITLE 25 -- INDIANS
Klamath Tribe and its members, inapplicability of this subchapter to,
see section 566 of this title.
Modoc Tribe and its members, inapplicability of this subchapter to,
see section 861a of this title.
25 USC 564. Purpose
TITLE 25 -- INDIANS
The purpose of this subchapter is to provide for the termination of
Federal supervision over the trust and restricted property of the
Klamath Tribe of Indians consisting of the Klamath and Modoc Tribes and
the Yahooskin Band of Snake Indians, and of the individual members
thereof, for the disposition of federally owned property acquired or
withdrawn for the administration of the affairs of said Indians, and for
a termination of Federal services furnished such Indians because of
their status as Indians.
(Aug. 13, 1954, ch. 732, 1, 68 Stat. 718.)
Refinancing Lending Agency Loans
Pub. L. 86-40, June 11, 1959, 73 Stat. 70, provided: ''That the
Secretary of the Interior is authorized to make loans, without interest,
from the revolving fund authorized by the Acts of June 18, 1934 (48
Stat. 986; 25 U.S.C. 470), and June 26, 1936 (49 Stat. 1968; 25 U.S.C.
506), as amended and supplemented, to members of the Klamath Tribe of
Indians who elected to withdraw from the tribe pursuant to the Act of
August 13, 1954 (68 Stat. 718; 25 U.S.C. 564), as amended, regardless
of the degree of Indian blood of the borrower, and to collect such loans
by setoff against funds payable to the borrower pursuant to said Act of
August 13, 1954, as amended (this subchapter). The Secretary is also
authorized to refinance from such revolving fund any loan made by a
lending agency to a withdrawing Klamath Indian that is secured by
encumbrance of his beneficial interest in tribal property with the
approval of the Secretary as required by section 4 of said 1954 Act
(section 564c of this title), and to include therein a nonreimbursable
grant equal to the interest charges incurred by the borrower prior to
such refinancing. In the event adequate funds are not available from
the revolving fund to refinance a loan by such lending agency, the
Secretary is authorized to pay from the revolving fund, without
reimbursement, the interest charged on such loan.''
Certain funds to be administered as a single Indian Revolving Loan
Fund after Apr. 12, 1974, see section 1461 of this title.
School Board
Section 24 of act Aug. 13, 1954, as amended by Pub. L. 85-72, June
29, 1957, 71 Stat. 243, provided that: ''All Acts or parts of Acts
inconsistent with this Act (this subchapter) are hereby repealed insofar
as they affect the tribe or its members. Effective on July 1, 1957,
section 2 of the Act of August 19, 1949 (63 Stat. 621, ch. 488) shall
become inapplicable to the unrecouped balance of funds expended in
cooperation with the school board of Klamath County, Oregon, pursuant to
said Act.''
Section 25 of act Aug. 13, 1954, provided that: ''If any provision
of this Act (this subchapter), or the application thereof to any person
or circumstance, is held invalid, the remainder of the Act and the
application of such provision to other persons or circumstances shall
not be affected thereby.''
25 USC 564a. Definitions
TITLE 25 -- INDIANS
For the purposes of this subchapter:
(a) ''Tribe'' means the Klamath Tribe of Indians consisting of the
Klamath and Modoc Tribes and Yahooskin Band of Snake Indians.
(b) ''Secretary'' means the Secretary of the Interior.
(c) ''Lands'' means real property, interests therein, or improvements
thereon, and include water rights.
(d) ''Tribal property'' means any real or personal property,
including water rights, or any interest in real or personal property,
that belongs to the tribe and either is held by the United States in
trust for the tribe or is subject to a restriction against alienation
imposed by the United States.
(e) ''Adult'' means a person who is an adult according to the law of
the place of his residence.
(Aug. 13, 1954, ch. 732, 2, 68 Stat. 718; Aug. 14, 1957, Pub. L.
85-132, 1(f), 71 Stat. 348.)
1957 -- Subsec. (e). Pub. L. 85-132 substituted provision defining
adult as a person who is an adult according to the law of the place of
his residence, for provision defining adult as a member of the tribe who
has attained the age of twenty-one years.
Modoc Tribe and its members, inapplicability of this subchapter to,
see section 861a of this title.
25 USC 564b. Membership roll; closure; preparation and initial
publication; appeal from inclusion or omission from roll; finality of
determination; final publication
TITLE 25 -- INDIANS
At midnight of August 13, 1954, the roll of the tribe shall be closed
and no child born thereafter shall be eligible for enrollment:
Provided, That the tribe shall have a period of six months from August
13, 1954, in which to prepare and submit to the Secretary a proposed
roll of the members of the tribe living on August 13, 1954, which shall
be published in the Federal Register. If the tribe fails to submit such
roll within the time specified in this section, the Secretary shall
prepare a proposed roll for the tribe, which shall be published in the
Federal Register. Any person claiming membership rights in the tribe or
an interest in its assets, or a representative of the Secretary on
behalf of any such person, may, within ninety days from the date of
publication of the proposed roll, file an appeal with the Secretary
contesting the inclusion or omission of the name of any person on or
from such roll. The Secretary shall review such appeals and his
decisions thereon shall be final and conclusive. After disposition of
all such appeals, the roll of the tribe shall be published in the
Federal Register, and such roll shall be final for the purposes of this
subchapter.
(Aug. 13, 1954, ch. 732, 3, 68 Stat. 718.)
25 USC 564c. Personal property rights; restrictions; tax exemption
TITLE 25 -- INDIANS
Upon publication in the Federal Register of the final roll as
provided in section 564b of this title, the rights or beneficial
interests in tribal property of each person whose name appears on the
roll shall constitute personal property which may be inherited or
bequeathed, but shall not otherwise be subject to alienation or
encumbrance before the transfer of title to such tribal property as
provided in section 564e of this title without the approval of the
Secretary. Any contract made in violation of this section shall be null
and void. Property which this section makes subject to inheritance or
bequest and which is inherited or bequeathed after August 13, 1954, and
prior to the transfer of title to tribal property as provided in section
564e of this title shall not be subject to State or Federal inheritance,
estate, legacy, or succession taxes.
(Aug. 13, 1954, ch. 732, 4, 68 Stat. 718; Aug. 23, 1958, Pub. L.
85-731, 2, 72 Stat. 818.)
1958 -- Pub. L. 85-731 inserted provision that property which is
inherited or bequeathed after Aug. 13, 1954, and prior to transfer of
title to tribal property should not be subject to taxes.
Refinancing Lending Agency Loans
Use of Revolving Loan Fund for Indians to assist Klamath Indians
during period for terminating Federal supervision, see note set out
under section 564 of this title.
25 USC 564d. Management specialists
TITLE 25 -- INDIANS
(a) Employment; duties
The Secretary is authorized and directed to select and retain by
contract, at the earliest practicable time after August 13, 1954 and
after consultation with the tribe at a general meeting called for that
purpose, the services of qualified management specialists who shall --
(1) cause an appraisal to be made, within not more than twelve months
after their employment, or as soon thereafter as practicable, of all
tribal property showing its fair market value by practicable logging or
other appropriate economic units;
(2) immediately after the appraisal of the tribal property and
approval of the appraisal by the Secretary, give to each member whose
name appears on the final roll of the tribe an opportunity to elect to
withdraw from the tribe and have his interest in tribal property
converted into money and paid to him, or to remain in the tribe and
participate in the tribal management plan to be prepared pursuant to
paragraph (5) of this subsection; in the case of members who are
minors, persons declared incompetent by judicial proceedings, or
deceased, the opportunity to make such election on their behalf shall be
given to the person designated by the Secretary as the person best able
to represent the interests of such member: Provided, however, That any
member, or any heir or any devisee of any deceased member, for whom the
Secretary has so designated a representative may (on his own behalf,
through his natural guardian, or next friend) within one hundred and
twenty days after receipt of written notice of such secretarial
designation, contest the secretarial designation in any naturalization
court for the area in which such member resides, by filing of a petition
therein requesting designation of a named person other than the
secretarial designee, and the burden shall thereupon devolve upon the
Secretary to show cause why the member-designated representative should
not represent the interests of such member, and the decision of such
court shall be final and conclusive;
(3) determine and select the portion of the tribal property which if
sold at the appraised value would provide sufficient funds to pay the
members who elect to have their interests converted into money, arrange
for the sale of such property, and distribute the proceeds of sale among
the members entitled thereto: Provided, That any person whose name
appears on the final roll of the tribe, or a guardian on behalf of any
such person who is a minor or an incompetent, shall have the right to
purchase, for his or its own account but not as an agent for others, any
of such property in lots as offered for sale for not less than the
highest offer received by competitive bid; any individual Indian
purchaser who has elected to withdraw from the tribe may apply toward
the purchase price up to 100 per centum of the amount estimated by the
Secretary to be due him from the sale or taking of forest and marsh land
pursuant to subsection (b), (d), and (f) of section 564w-1 of this
title, and up to 75 per centum of the amount estimated by the Secretary
to be due him from the conversion of his interest in other tribal
property; and if more than one right is exercised to purchase the same
property pursuant to this proviso the property shall be sold to one of
such persons on the basis of competitive bids: Provided further, That
when determining and selecting the portion of the tribal property to be
sold, due consideration shall be given to the use of such property for
grazing purposes by the members of both groups of the tribe;
(4) cause such studies and reports to be made as may be deemed
necessary or desirable by the tribe or by the Secretary in connection
with the termination of Federal supervision as provided for in this
subchapter; and
(5) cause a plan to be prepared in form and content satisfactory to
the members who elect to remain in the tribe and to the Secretary for
the management of tribal property through a trustee, corporation, or
other legal entity. If no plan that is satisfactory both to the members
who elect to remain in the tribe and to the Secretary has been prepared
six months before the time limit provided in section 564e(b) of this
title the Secretary shall adopt a plan for managing the tribal property,
subject to the provisions of section 564n of this title.
(b) Availability of funds for expenditures; reimbursement of tribal
funds
Such amounts of Klamath tribal funds as may be required for the
purposes of this section shall be available for expenditure by the
Secretary. In order to reimburse the tribe, in part, for expenditure of
such tribal funds as the Secretary deems necessary for the purposes of
carrying out the requirements of this section, there is authorized to be
appropriated out of any money in the Treasury not otherwise
appropriated, an amount equal to one-half of such expenditures from
tribal funds, or the sum of $550,000, whichever is the lesser amount.
(Aug. 13, 1954, ch. 732, 5, 68 Stat. 718; Aug. 14, 1957, Pub. L.
85-132, 1(b), (d), (e), (g), 71 Stat. 347, 348; Aug. 23, 1958, Pub.
L. 85-731, 6-8, 72 Stat. 819.)
1958 -- Subsec. (a)(3). Pub. L. 85-731, 6, 7, struck out first
proviso requiring that funds payable to the withdrawing members be
distributed as each $200,000 accumulates, and substituted ''who has
elected to withdraw from the tribe may apply toward the purchase price
up to 100 per centum of the amount estimated by the Secretary to be due
him from the sale or taking of forest and marsh lands pursuant to
subsections (b), (d), and (f) of section 564w-1 of this title, and up to
75 per centum of the amount estimated by the Secretary to be due him
from the conversion of his interest in other tribal property'' for ''may
apply toward the purchase price all or any part of the sum due him from
the conversion of his interest in tribal property'' in second proviso.
Subsec. (a)(5). Pub. L. 85-731, 8, inserted sentence to provide that
if no plan is satisfactory both to the members who elect to remain in
the tribe and to the Secretary, the Secretary shall adopt a management
plan.
1957 -- Subsec. (a)(2). Pub. L. 85-132, 1(d), provided that the
time of election to withdraw be given after the appraisal is approved by
the Secretary, and provided for election on behalf of minors,
incompetents, or deceased persons by designee of Secretary.
Subsec. (a)(3). Pub. L. 85-132, 1(e), in second proviso provided
that any person whose name appears on the final roll of the tribe, may
purchase for his own account, but not as an agent for others, any such
property in lots as offered for sale, and provided that if more than one
right is exercised to purchase the same property, it be sold on the
basis of competitive bids.
Subsec. (a)(5). Pub. L. 85-132, 1(g), substituted ''members who
elect to remain in the tribe'' for ''tribe''.
Subsec. (b). Pub. L. 85-132, 1(b), provided for partial
reimbursement of the tribe for expenditures of tribal funds under this
section, authorization of appropriation of the lesser of amount equal to
one-half of such expenditures, or $550,000, in lieu of former provisions
which charged expenses incident to par. (3) to members who withdraw
from tribe, charged expenses under pars. (4) and (5) to members who
remain in tribe, and charged all other expenses under this section to
interests of both groups of members.
Section 3 of Pub. L. 85-731 provided that: ''No funds distributed
pursuant to section 5 of the Act of August 13, 1954, as amended (this
section), to members who withdraw from the tribe shall be paid to any
person as compensation for services pertaining to the enactment of said
Act or amendments thereto (this subchapter) and any person making or
receiving such payments shall be guilty of a misdemeanor and shall be
imprisoned for not more than six months and fined not more than $500.''
Section 4 of Pub. L. 85-731 provided that: ''The Secretary of the
Interior is directed to terminate the contract between him and the
management specialists by giving immediately the sixty-day notice
required by paragraph 18 of such contract. When the contract is
terminated, all of the functions of the management specialists under
section 5 of the Act of August 13, 1954, as amended (this section),
shall be performed by the Secretary.''
Section 5 of Pub. L. 85-731 provided that: ''Nothing in this Act
shall in any way modify or repeal the provisions of subsection 5(a) of
the Act of August 13, 1954, 68 Stat. 718), as amended (subsec. (a) of
this 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.''
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 (this subchapter), 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).''
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.
Minors' and incompetents' rights, protection, see section 564n of
this title.
25 USC 564e. Sale of tribal property
TITLE 25 -- INDIANS
(a) Transfer procedure
The Secretary is authorized and directed to execute any conveyancing
instrument that is necessary or appropriate to convey title to tribal
property to be sold in accordance with the provisions of paragraph (3)
of subsection (a) of section 564d of this title, and to transfer title
to all other tribal property to a trustee, corporation, or other legal
entity in accordance with the plan prepared pursuant to paragraph (5) of
subsection (a) of section 564d of this title.
(b) Time limitation
It is the intention of the Congress that all of the actions required
by section 564d of this title and this section shall be completed at the
earliest practicable time and in no event later than seven years from
August 13, 1954.
(c) Effect on tribal members selling interests
Members of the tribe who receive the money value of their interests
in tribal property shall thereupon cease to be members of the tribe:
Provided, That nothing shall prevent them from sharing in the proceeds
of tribal claims against the United States.
(Aug. 13, 1954, ch. 732, 6, 68 Stat. 719; Aug. 14, 1957, Pub. L.
85-132, 1(c), 71 Stat. 347; Aug. 23, 1958, Pub. L. 85-731, 10, 72
Stat. 819.)
1958 -- Subsec. (b). Pub. L. 85-731 substituted ''seven years'' for
''six years''.
1957 -- Subsec. (b). Pub. L. 85-132 substituted ''six years'' for
''four years''.
Section 27 of act Aug. 13, 1954, ch. 732, as added by Pub. L.
85-132, 1(a), provided that: ''Notwithstanding any other provisions of
this Act (this subchapter), no sales of tribal property shall be made
pursuant to paragraph (3) of subsection (a) of section 5, or section 6
of this Act (section 564d(a)(3) of this title or this section) prior to
the adjournment of the second session of the Eighty-fifth Congress.''
25 USC 564f. Per capita payments to tribal members
TITLE 25 -- INDIANS
The Secretary is authorized and directed, as soon as practicable
after the passage of this subchapter, to pay from such funds as are
deposited to the credit of the tribe in the Treasury of the United
States, $250 to each member of the tribe on the rolls of the tribe on
August 13, 1954. Any other person whose application for enrollment on
the rolls of the tribe is subsequently approved, pursuant to the terms
of section 564b of this title, shall, after enrollment, be paid a like
sum of $250: Provided, That such payments shall be made first from the
capital reserve fund created by section 530 of this title.
(Aug. 13, 1954, ch. 732, 7, 68 Stat. 720.)
25 USC 564g. Individual property
TITLE 25 -- INDIANS
(a) Transfer of unrestricted control
The Secretary is authorized and directed to transfer within four
years from August 13, 1954, to each member of the tribe unrestricted
control of funds or other personal property held in trust for such
member by the United States.
(b) Removal of restrictions on sales or encumbrances; fee simple
title
All restrictions on the sale or encumbrance of trust or restricted
interests in land, wherever located, owned by members of the tribe
(including allottees, purchasers, heirs, and devisees, either adult or
minor), and on trust or restricted interests in land within the Klamath
Indian Reservation, regardless of ownership, are removed four years
after August 13, 1954, and the patents or deeds under which titles are
then held shall pass the titles in fee simple, subject to any valid
encumbrances. The titles to all interests in trust or restricted land
acquired by members of the tribe by devise or inheritance four years or
more after August 13, 1954, shall vest in such members in fee simple,
subject to any valid encumbrance.
(c) Multiple land ownership; partition; sale; election to
purchase; unlocated owners
Prior to the time provided in subsection (b) of this section for the
removal of restrictions on land owned by one or by more than one member
of a tribe, the Secretary may --
(1) upon request of any of the owners, partition the land and issue
to each owner a patent or deed for his individual share that shall
become unrestricted four years from August 13, 1954;
(2) upon request of any of the owners, and a finding by the Secretary
that partition of all or any part of the land is not practicable, cause
all or any part of the land to be sold at not less than the appraised
value thereof and distribute the proceeds of sale to the owners:
Provided, That any one or more of the owners may elect before a sale to
purchase the other interests in the land at not less than the appraised
value thereof, and the purchaser shall receive an unrestricted patent or
deed to the land; and
(3) if the whereabouts of none of the owners can be ascertained,
cause such lands to be sold and deposit the proceeds of sale in the
Treasury of the United States for safekeeping.
(d) Approval of exchanges or sales by Secretary
The Secretary is authorized to approve --
(1) the exchange of trust or restricted land between the tribe and
any of its members;
(2) the sale by the tribe of tribal property to individual members of
the tribe; and
(3) the exchange of tribal property for real property in fee status.
Title to all real property included in any sale or exchange as provided
in this subsection shall be conveyed in fee simple.
(Aug. 13, 1954, ch. 732, 8, 68 Stat. 720; Aug. 14, 1957, Pub. L.
85-132, 1(h), (i), 71 Stat. 348; Aug. 23, 1958, Pub. L. 85-731, 11,
72 Stat. 819.)
1958 -- Subsec. (b). Pub. L. 85-731 struck out provision making
subsection inapplicable to subsurface rights and directing Secretary to
transfer subsurface rights to trustees for management for a period not
less than ten years.
1957 -- Subsec. (b). Pub. L. 85-132, 1(i), substituted ''interests
in land, wherever located'' for ''land'', and inserted ''purchasers''
and ''and on trust or restricted interests in land within the Klamath
Reservation regardless of ownership'' preceding proviso.
Subsec. (c). Pub. L. 85-132, 1(h), inserted ''one or by'' after ''on
land owned by''.
25 USC 564h. Property of deceased members
TITLE 25 -- INDIANS
(a) Federal laws inapplicable to probate
The Act of June 25, 1910 (36 Stat. 855), the Act of February 14, 1913
(37 Stat. 678), and other Acts amendatory thereto shall not apply to the
probate of the trust and restricted property of the members of the tribe
who die six months or more after August 13, 1954.
(b) State, etc., laws applicable to probate
The laws of the several States, Territories, possessions, and the
District of Columbia with respect to the probate of wills, the
determination of heirs, and the administration of decedents' estates
shall apply to the individual property of members of the tribe who die
six months or more after August 13, 1954.
(Aug. 13, 1954, ch. 732, 9(a), (b), 68 Stat. 720, 721.)
Act of June 25, 1910, referred to in subsec. (a), is act June 25,
1910, ch. 431, 36 Stat. 855, as amended, which enacted sections 47,
93, 151, 202, 337, 344a, 351, 352, 353, 372, 403, 406, 407, and 408 of
this title, sections 6a-1 and 16a of Title 41, Public Contracts, and
section 148 of Title 43, Public Lands, and amended sections 191, 312,
331, 333, and 336 of this title and sections 104 and 107 of former Title
18, Criminal Code and Criminal Procedure. Sections 104 and 107 of
former title 18 were repealed and reenacted as sections 1853 and 1856 of
Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645,
62 Stat. 683. For complete classification of this Act to the Code, see
Tables.
Act of February 14, 1913, referred to in subsec. (a), is act Feb.
14, 1913, ch. 55, 37 Stat. 678, which amended section 373 of this
title. For complete classification of this Act to the Code, see Tables.
Section is comprised of subsecs. (a) and (b) of section 9 of act
Aug. 13, 1954. Subsection (c) of section 9 repealed section 555 of
this title.
25 USC 564i. Transfer of federally owned property
TITLE 25 -- INDIANS
The Secretary is authorized, in his discretion, to transfer to the
tribe or any member or group of members thereof any federally owned
property acquired, withdrawn, or used for the administration of the
affairs of the tribe which he deems necessary for Indian use, or to
transfer to a public or nonprofit body any such property which he deems
necessary for public use and from which members of the tribe will derive
benefit.
(Aug. 13, 1954, ch. 732, 10, 68 Stat. 721.)
25 USC 564j. Taxes; initial exemption; taxes following distribution;
valuation for capital gains or losses
TITLE 25 -- INDIANS
No property distributed under the provisions of this subchapter shall
at the time of distribution be subject to Federal or State income tax.
Following any distribution of property made under the provisions of this
subchapter, such property and any income derived therefrom by the
individual, corporation, or other legal entity shall be subject to the
same taxes, State and Federal, as in the case of non-Indians: Provided,
That, for the purpose of capital gains or losses the base value of the
property shall be the value of the property when distributed to the
individual, corporation or other legal entity.
(Aug. 13, 1954, ch. 732, 11, 68 Stat. 721.)
Pub. L. 94-81, 1, Aug. 9, 1975, 89 Stat. 417, as amended by Pub.
L. 96-596, 5(a), Dec. 24, 1980, 94 Stat. 3476; Pub. L. 99-514, 2,
Oct. 22, 1986, 100 Stat. 2095, provided: ''That, for purposes of the
Internal Revenue Code of 1986 (formerly I.R.C. 1954, Title 26, Internal
Revenue Code), all amounts realized by the trust from the condemnation,
pursuant to Public Law 93-102 (section 564w-2 of this title), of the
Klamath Indian forest lands held by the trustee for the Klamath Indian
Tribe --
''(1) shall be excluded from the gross income of the trust, and
''(2) on the distribution from the trust of the proceeds of such
condemnation, shall be excluded from the gross income of each person
receiving such distribution.''
Section 5(b) of Pub. L. 96-596 provided that: ''The amendment made
by subsection (a) (amending section 1 of Pub. L. 94-81, set out above)
shall apply to all amounts whether received before, on, or after the
date of the enactment of this Act (Dec. 24, 1980).''
25 USC 564k. Loan transfers; collection by tribe
TITLE 25 -- INDIANS
All loans made from the reimbursable loan fund established by section
531 of this title, and all other loans made from Klamath tribal funds,
including loans of livestock made by the tribe repayable in kind, shall
be transferred to the tribe for collection in accordance with the terms
thereof.
(Aug. 13, 1954, ch. 732, 12, 68 Stat. 721.)
Section 531 of this title, referred to in text, was repealed by act
Aug. 13, 1954, ch. 732, 12, 68 Stat. 721.
Section is composed of second sentence of section 12 of act Aug. 13,
1954. The first sentence of said section 12 repealed sections 531 to
535 and 542(a) of this title.
25 USC 564l. Klamath irrigation works
TITLE 25 -- INDIANS
(a) Transfer of operation and maintenance
That part of section 499 of title 43, which relates to the transfer
of the care, operation, and maintenance of reclamation works to water
users associations or irrigation districts shall be applicable to the
irrigation works on the Klamath Reservation.
(b) Termination of construction costs deferment; recordation of lien
Effective on the first day of the calendar year beginning after the
date of the proclamation provided for in section 564q of this title, the
deferment of the assessment and collection of construction costs
provided for in the first proviso of section 386a of this title, shall
terminate with respect to any lands within irrigation projects on the
Klamath Reservation. The Secretary shall cause the first lien against
such lands created by section 387 /1/ of this title, to be filed of
record in the appropriate county office.
(c) Appropriation authorization
There is authorized to be appropriated out of any funds in the
Treasury not otherwise appropriated the sum of $89,212 for payment to
the Klamath Tribe with interest at 4 per centum annually as
reimbursement for tribal funds used for irrigation construction
operation and maintenance benefiting nontribal lands on the Klamath
Reservation, such interest being computed from the dates of disbursement
of such funds from the United States Treasury.
(d) Adjustment of reimbursable irrigation costs
The Secretary is authorized to adjust, eliminate, or cancel all or
any part of reimbursable irrigation operation and maintenance costs and
reimbursable irrigation construction costs chargeable against Indian
owned lands that are subject to the provisions of this subchapter, and
all or any part of assessments heretofore or hereafter imposed on
account of such costs, when he determines that the collection thereof
would be inequitable or would result in undue hardship on the Indian
owner of the land, or that the administrative costs of collection would
probably equal or exceed the amount collected.
(e) Applicable irrigation laws
Nothing contained in any other section of this subchapter shall
affect in any way the laws applicable to irrigation projects on the
Klamath Reservation.
(Aug. 13, 1954, ch. 732, 13, 68 Stat. 721.)
Section 387 of this title, referred to in subsec. (b), was omitted
after not being repeated in the Interior Department Appropriation Act of
1947, July 1, 1946, ch. 529, 60 Stat. 348.
/1/ See References in Text note below.
25 USC 564m. Water and fishing rights
TITLE 25 -- INDIANS
(a) Water rights; laws applicable to abandonment
Nothing in this subchapter shall abrogate any water rights of the
tribe and its members, and the laws of the State of Oregon with respect
to the abandonment of water rights by nonuse shall not apply to the
tribe and its members until fifteen years after the date of the
proclamation issued pursuant to section 564q of this title.
(b) Fishing rights or privileges
Nothing in this subchapter shall abrogate any fishing rights or
privileges of the tribe or the members thereof enjoyed under Federal
treaty.
(Aug. 13, 1954, ch. 732, 14, 68 Stat. 722.)
25 USC 564n. Protection of minors, persons non compos mentis, and
other members needing assistance; guardians; other adequate means;
trusts; annuities; assistance factors; contests
TITLE 25 -- INDIANS
Prior to the transfer of title to, or the removal of restrictions
from, property in accordance with the provisions of this subchapter, the
Secretary shall protect the rights of members of the tribe who are
minors, non compos mentis, or in the opinion of the Secretary in need of
assistance in conducting their affairs, by causing the appointment of
guardians for such members in courts of competent jurisdiction, or by
such other means as he may deem adequate, without application from the
member, including but not limited to the creation of a trust of such
member's property with a trustee selected by the Secretary, or the
purchase by the Secretary of an annuity for such member: Provided,
however, That no member shall be declared to be in need of assistance in
conducting his affairs unless the Secretary determines that such member
does not have sufficient ability, knowledge, experience, and judgment to
enable him to manage his business affairs, including the administration,
use, investment, and disposition of any property turned over to such
member and the income and proceeds therefrom, with such reasonable
degree of prudence and wisdom as will be apt to prevent him from losing
such property or the benefits thereof: Provided further, That any
member determined by the Secretary to be in need of assistance in
conducting his affairs may, within one hundred and twenty days after
receipt of written notice of such secretarial determination, contest the
secretarial determination in any naturalization court for the area in
which said member resides by filing therein a petition having that
purpose; the burden shall thereupon devolve upon the Secretary to show
cause why such member should not conduct his own affairs, and the
decision of such court shall be final and conclusive with respect to the
affected member's conduct of his affairs.
(Aug. 13, 1954, ch. 732, 15, 68 Stat. 722; Aug. 14, 1957, Pub. L.
85-132, 1(j), 71 Stat. 348.)
1957 -- Pub. L. 85-132 inserted provisions allowing Secretary to act
without application from member to create a trust or purchase an annuity
for such member, by setting out factors for determination by Secretary
before he declares a member to be in need of assistance, and by
providing for contest of such secretarial determination by member.
25 USC 564o. Advances or expenditures from tribal funds
TITLE 25 -- INDIANS
Pending the completion of the property dispositions provided for in
this subchapter, the funds now on deposit, or hereafter deposited, in
the United States Treasury to the credit of the tribe shall be available
for advance to the tribe, or for expenditure, for such purposes as may
be designated by the governing body of the tribe and approved by the
Secretary.
(Aug. 13, 1954, ch. 732, 16, 68 Stat. 722.)
25 USC 564p. Execution by Secretary of patents, deeds, etc.
TITLE 25 -- INDIANS
The Secretary shall have authority to execute such patents, deeds,
assignments, releases, certificates, contracts, and other instruments as
may be necessary or appropriate to carry out the provisions of this
subchapter, or to establish a marketable and recordable title to any
property disposed of pursuant to this subchapter.
(Aug. 13, 1954, ch. 732, 17, 68 Stat. 722.)
25 USC 564q. Termination of Federal trust
TITLE 25 -- INDIANS
(a) Publication; termination of Federal services; application of
Federal and State laws
Upon removal of Federal restrictions on the property of the tribe and
individual members thereof, the Secretary shall publish in the Federal
Register a proclamation declaring that the Federal trust relationship to
the affairs of the tribe and its members has terminated. Thereafter
individual members of the tribe shall not be entitled to any of the
services performed by the United States for Indians because of their
status as Indians and, except as otherwise provided in this subchapter,
all statutes of the United States which affect Indians because of their
status as Indians shall no longer be applicable to the members of the
tribe, and the laws of the several States shall apply to the tribe and
its members in the same manner as they apply to other citizens or
persons within their jurisdiction.
(b) Citizenship status unaffected
Nothing in this subchapter shall affect the status of the members of
the tribe as citizens of the United States.
(Aug. 13, 1954, ch. 732, 18, 68 Stat. 722.)
25 USC 564r. Termination of Federal powers over tribe
TITLE 25 -- INDIANS
Effective on the date of the proclamation provided for in section
564q of this title, all powers of the Secretary or other officer of the
United States to take, review, or approve any action under the
constitution and bylaws of the tribe are terminated. Any powers
conferred upon the tribe by such constitution which are inconsistent
with the provisions of this subchapter are terminated. Such termination
shall not affect the power of the tribe to take any action under its
constitution and bylaws that is consistent with this subchapter without
the participation of the Secretary or other officer of the United
States.
(Aug. 13, 1954, ch. 732, 19, 68 Stat. 722.)
25 USC 564s. Set off of individual indebtedness; credit
TITLE 25 -- INDIANS
The Secretary is authorized to set off against any indebtedness
payable to the tribe or to the United States by an individual member of
the tribe or payable to the United States by the tribe, any funds
payable to such individual or tribe under this subchapter and to deposit
the amounts set off to the credit of the tribe or the United States as
the case may be.
(Aug. 13, 1954, ch. 732, 20, 68 Stat. 723.)
25 USC 564t. Indian claims unaffected
TITLE 25 -- INDIANS
Nothing contained in this subchapter shall deprive the tribe or its
constituent parts of any right, privilege, or benefit granted by the Act
of August 13, 1946 (60 Stat. 1049) (25 U.S.C. 70 et seq.).
(Aug. 13, 1954, ch. 732, 21, 68 Stat. 723.)
Act of August 13, 1946, referred to in text, is act Aug. 13, 1946,
ch. 959, 60 Stat. 1049, as amended, known as the Indian Claims
Commission Act of 1946, which was classified generally to chapter 2A (
70 et seq.) of this title and was omitted in view of the termination of
the Indian Claims Commission on Sept. 30, 1978. See Codification note
set out under former section 70 et seq. of this title.
25 USC 564u. Valid leases, permits, liens, etc., unaffected
TITLE 25 -- INDIANS
Nothing in this subchapter shall abrogate any valid lease, permit,
license, right-of-way, lien, or other contract heretofore approved.
Whenever any such instrument places in or reserves to the Secretary any
powers, duties, or other functions with respect to the property subject
thereto, the Secretary may transfer such functions, in whole or in part,
to any Federal agency with the consent of such agency and may transfer
such functions, in whole or in part to a State agency with the consent
of such agency and the other party or parties to such instrument.
(Aug. 13, 1954, ch. 732, 22, 68 Stat. 723.)
25 USC 564v. Rules and regulations; tribal referenda
TITLE 25 -- INDIANS
The Secretary is authorized to issue rules or regulations necessary
to effectuate the purposes of this subchapter, and may in his discretion
provide for tribal referenda on matters pertaining to management or
disposition of tribal assets.
(Aug. 13, 1954, ch. 732, 23, 68 Stat. 723.)
25 USC 564w. Education and training program; purposes; subjects;
transportation; subsistence; contracts; other education programs
TITLE 25 -- INDIANS
Prior to the issuance of a proclamation in accordance with the
provisions of section 564q of this title, the Secretary is authorized to
undertake, within the limits of available appropriations, a special
program of education and training designed to help the members of the
tribe to earn a livelihood, to conduct their own affairs, and to assume
their responsibilities as citizens without special services because of
their status as Indians. Such program may include language training,
orientation in non-Indian community customs and living standards,
vocational training and related subjects, transportation to the place of
training or instruction, and subsistence during the course of training
or instruction. For the purposes of such program the Secretary is
authorized to enter into contracts or agreements with any Federal,
State, or local governmental agency, corporation, association, or
person. Nothing in this section shall preclude any Federal agency from
undertaking any other program for the education and training of Indians
with funds appropriated to it.
(Aug. 13, 1954, ch. 732, 26, 68 Stat. 723.)
25 USC 564w-1. Klamath Indian Forest and Klamath Marsh
TITLE 25 -- INDIANS
Notwithstanding the provisions of sections 564d and 564e of this
title, and all Acts amendatory thereof --
(a) Designation of boundaries
The tribal lands that comprise the Klamath Indian Forest, and the
tribal lands that comprise the Klamath Marsh, shall be designated by the
Secretary of the Interior and the Secretary of Agriculture, jointly.
(b) Sales; terms and conditions
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 the Act of March
1, 1911 (36 Stat. 961), as amended.
(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 Eighty-fifth Congress and the termination date specified in section
564e(b) of this title. 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 this subchapter 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 this subchapter. 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 the Act of
March 1, 1911 (36 Stat. 961), as amended. 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 the Act of March
1, 1911 (36 Stat. 961), as amended.
(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 (16 U.S.C. 718 et seq.). 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 4 of the Act of March 16, 1934 (48 Stat. 451), as amended or
supplemented (16 U.S.C. 718d). 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 roll 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
safeguard 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 contracts
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, 28, as added Aug. 23, 1958, Pub. L.
85-731, 1, 72 Stat. 816; amended Sept. 9, 1959, Pub. L. 86-247, 73
Stat. 477.)
Act of March 1, 1911, referred to in subsecs. (b), (d), and (e), is
act Mar. 1, 1911, ch. 186, 36 Stat. 961, as amended, popularly known
as the Weeks Law, which is classified to sections 480, 500, 513 to 519,
521, 552, and 563 of Title 16, Conservation. For complete
classification of this Act to the Code, see Short Title note set out
under section 552 of Title 16 and Tables.
The adjournment of the Eighty-fifth Congress, referred to in subsec.
(c) of this section, took place on Aug. 24, 1958.
The Migratory Bird Hunting Stamp Act of March 16, 1934, as amended,
referred to in subsec. (f), is act Mar. 16, 1934, ch. 71, 48 Stat.
452, as amended, which is classified generally to subchapter IV ( 718 et
seq.) of chapter 7 of Title 16, Conservation. For complete
classification of this Act to the Code, see Short Title note set out
under section 718 of Title 16 and Tables.
1959 -- Subsec. (f). Pub. L. 86-247 changed date for Federal
acquisition of Klamath Indian Marsh from April 1, 1961, to earliest date
after September 30, 1959, that funds are available to pay for property
from sale of stamps.
Committee on Interior and Insular Affairs of the Senate abolished and
replaced by Committee on Energy and Natural Resources of the Senate,
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate,
as amended by Senate Resolution No. 4, Ninety-fifth Congress (popularly
cited as the ''Committee System Reorganization Amendments of 1977''),
approved Feb. 4, 1977. Section 105 of Senate Resolution No. 4
established a temporary Select Committee on Indian Affairs having
jurisdiction over matters relating to Indian affairs (such matters
previously having been within the jurisdiction of the Committee on
Interior and Insular Affairs). Senate Resolution No. 127, June 6,
1984, Ninety-eighth Congress, established the Select Committee on Indian
Affairs as a permanent committee of the Senate, and section 25 of Senate
Resolution No. 71, Feb. 25, 1993, One Hundred Third Congress,
redesignated the Select Committee on Indian Affairs as the Committee on
Indian Affairs.
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the House
of Representatives on Jan. 5, 1993, by House Resolution No. 5, One
Hundred Third Congress.
25 USC 564w-2. Federal acquisition of tribal land
TITLE 25 -- INDIANS
(a) Condemnation authority
The Secretary of Agriculture is authorized and directed to acquire by
condemnation all of the Klamath Indian forest lands which the trustee
for the Klamath Indian Tribe is required to sell by the terms of its
trust agreement, and the lands so acquired shall become a part of the
Winema National Forest.
(b) Initiation of action; authorization of appropriations
The condemnation action may be initiated either before or after the
lands are offered for sale by the trustee, and for the purpose of
carrying out the provisions of this section, there is hereby authorized
to be appropriated not to exceed $70,000,000.
(c) Applicability of homesite provisions
The homesite provisions of section 564w-1(g) of this title shall
apply to the lands acquired by the Secretary pursuant to this
subchapter.
(Aug. 13, 1954, ch. 732, 29, as added Aug. 16, 1973, Pub. L.
93-102, 87 Stat. 349.)
25 USC 564x. Timber sales
TITLE 25 -- INDIANS
Nothing in this subchapter shall affect the authority to make timber
sales otherwise authorized by law prior to the termination of Federal
control over such timber.
(Pub. L. 85-132, 2, Aug. 14, 1957, 71 Stat. 348.)
This section was not enacted as a part of act Aug. 13, 1954, ch.
732, 68 Stat. 718, which comprises this subchapter.
25 USC SUBCHAPTER XIV -- KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND
TITLE 25 -- INDIANS
25 USC 565. Authorization to distribute funds
TITLE 25 -- INDIANS
The Secretary of the Interior is authorized and directed to
distribute in accordance with the provisions of this subchapter the
funds appropriated in satisfaction of a judgment obtained by the Klamath
and Modoc Tribes and Yahooskin Band of Snake Indians, hereinafter called
the Klamath Tribe for the purposes of the administration of this
subchapter, from the Indian Claims Commission against the United States
in docket numbered 100, and all other funds heretofore or hereafter
deposited in the United States Treasury to the credit of the Klamath
Tribe or any of its constituent parts or groups, except the funds
heretofore or hereafter set aside for the purpose of paying the usual
and necessary expenses of prosecuting claims against the United States.
(Pub. L. 89-224, 1, Oct. 1, 1965, 79 Stat. 897.)
The Indian Claims Commission, referred to in text, terminated Sept.
30, 1978. See Codification note set out under former section 70 et seq.
of this title.
25 USC 565a. Distribution to persons on final roll; payment of shares
due living adults, deceased enrollees, adults under legal disabilities,
persons in need of assistance, and minors
TITLE 25 -- INDIANS
(a) A distribution shall be made of the funds resulting from docket
numbered 100, including interest, after deducting litigation expenses
and estimated costs of distribution to all persons whose names appear on
the final roll of the Klamath Tribe, which roll was closed and made
final as of August 13, 1954 (68 Stat. 718). Except as provided in
subsections (b), (c), (d), and (e) of this section, a share or portion
of a share payable to a living adult shall be paid directly to such
adult; (b) a share payable to a deceased enrollee shall be paid to his
heirs or legatees upon the filing of proof of death and inheritance
satisfactory to the Secretary of the Interior, whose findings and
determinations upon such proof shall be final and conclusive: Provided,
That amounts payable to deceased heirs amounting to $5 or less shall not
be paid, and such amounts shall remain in the United States Treasury to
the credit of the Klamath Tribe; (c) a share payable to an adult under
legal disability shall be paid to his legal representative; (d) a share
payable to a person previously found to be in need of assistance under
the provisions of section 564n of this title, may be paid directly to
the individual or, if the Secretary deems it in the best interest of the
individual, it may be added to the trust now in force on behalf of the
said individual, with concurrence of the trustee; and (e) a share or
portion of a share payable to a person under age of majority as
determined by the laws of the State of residence shall be paid to a
parent, legal guardian, or trustee of such minor.
(Pub. L. 89-224, 2, Oct. 1, 1965, 79 Stat. 897.)
August 13, 1954, referred to in text, is a reference to section 3 of
act Aug. 13, 1954, ch. 732, 68 Stat. 718, which is classified to
section 564b of this title.
25 USC 565b. Time of payment; claims for shares of deceased enrollees
TITLE 25 -- INDIANS
Within sixty days of October 1, 1965, the Secretary of the Interior
shall commence to pay the share due to each living person whose name
appears on the final roll of August 13, 1954. As to members who have
died since promulgation of the final roll of August 13, 1954, the
Secretary shall mail a notice of distribution of funds and a form for
presentation of a claim thereunder to all known heirs or legatees of
such deceased enrollees. All such claims shall be filed with the area
director of the Bureau of Indian Affairs, Portland, Oregon, within two
years following October 1, 1965. From and after that date, all claims
and the right to file claims for any distribution from the judgment in
docket numbered 100 shall be forever barred.
(Pub. L. 89-224, 3, Oct. 1, 1965, 79 Stat. 897.)
25 USC 565c. Disposition of funds remaining after distribution
TITLE 25 -- INDIANS
Funds remaining in the United States Treasury to the credit of the
said Klamath Tribe, or any of its constituent parts or groups, after the
distribution of funds resulting from Indian Claims Commission docket
numbered 100 as provided by sections 565a and 565b of this title,
together with any other funds which may be deposited in the United
States Treasury, including without limitation funds accruing from other
judgments against the United States ( /1/ after payment of expenses,
including attorney fees, payments for rights-of-way, trespass damages,
or other revenues, together with any interest accrued thereon, shall,
after deduction of the estimated cost of distribution, be distributed
from time to time as determined by the Secretary to the members of the
Klamath Tribe or to the members of any of its constituent parts or
groups in the same manner as provided in sections 565a and 565b of this
title.
(Pub. L. 89-224, 4, Oct. 1, 1965, 79 Stat. 897.)
The Indian Claims Commission, referred to in text, terminated Sept.
30, 1978. See Codification note set out under former section 70 et seq.
of this title.
/1/ So in original. No closing parenthesis was enacted.
25 USC 565d. Disposition of funds insufficient to justify further
distribution
TITLE 25 -- INDIANS
After all claims of the Klamath Tribe or any of its constituent parts
or groups against the United States have been finally determined,
appropriated, and distributed, as provided in sections 565a, 565b, and
565c of this title; and after all litigation expenses (including
attorney fees) and costs of distributions have been paid, any funds
remaining in the United States Treasury to the credit of the Klamath
Tribe or any of its constituent parts or groups which, in the discretion
of the Secretary of the Interior are insufficient to justify a further
distribution, shall be deposited in the miscellaneous receipts of the
Treasury of the United States.
(Pub. L. 89-224, 5, Oct. 1, 1965, 79 Stat. 898.)
25 USC 565e. Costs
TITLE 25 -- INDIANS
The costs of distribution may be paid out of the deductions
authorized by sections 565a and 565c of this title. Any unused portion
of such amounts shall remain in the United States Treasury to the credit
of the Klamath Tribe.
(Pub. L. 89-224, 6, Oct. 1, 1965, 79 Stat. 898.)
25 USC 565f. Taxes
TITLE 25 -- INDIANS
None of the funds distributed pursuant to this subchapter shall be
subject to Federal or State income tax.
(Pub. L. 89-224, 7, Oct 1, 1965, 79 Stat. 898.)
25 USC 565g. Rules and regulations
TITLE 25 -- INDIANS
The Secretary is authorized to prescribe rules and regulations to
carry out the provisions of this subchapter.
(Pub. L. 89-224, 8, Oct. 1, 1965, 79 Stat. 898.)
25 USC SUBCHAPTER XIV-A -- KLAMATH TRIBE: RESTORATION OF FEDERAL
SUPERVISION
TITLE 25 -- INDIANS
25 USC 566. Restoration of Federal recognition, rights, and privileges
TITLE 25 -- INDIANS
(a) Federal recognition
Notwithstanding any provision of law, Federal recognition is hereby
extended to the tribe and to members of the tribe. Except as otherwise
provided in this subchapter, all laws and regulations of the United
States of general application to Indians or nations, tribes, or bands of
Indians which are not inconsistent with any specific provision of this
subchapter shall be applicable to the tribe and its members.
(b) Restoration of rights and privileges
All rights and privileges of the tribe and the members of the tribe
under any Federal treaty, Executive order, agreement, or statute, or any
other Federal authority, which may have been diminished or lost under
the Act entitled ''An Act to provide for the termination of Federal
supervision over the property of the Klamath Tribe of Indians located in
the State of Oregon and the individual members thereof, and for other
purposes'', approved August 13, 1954 (25 U.S.C. 564 et seq.), are
restored, and the provisions of such Act, to the extent that they are
inconsistent with this subchapter, shall be inapplicable to the tribe
and to members of the tribe after August 27, 1986.
(c) Federal services and benefits
Notwithstanding any other provision of law, the tribe and its members
shall be eligible, on and after August 27, 1986, for all Federal
services and benefits furnished to federally recognized Indian tribes or
their members without regard to the existence of a reservation for the
tribe. In the case of Federal services available to members of
federally recognized Indian tribes residing on or near a reservation,
members of the tribe residing in Klamath County shall be deemed to be
residing in or near a reservation. Any member residing in Klamath
County shall continue to be eligible to receive any such Federal service
notwithstanding the establishment of a reservation for the tribe in the
future. Notwithstanding any other provision of law, the tribe shall be
considered an Indian tribe for the purpose of the ''Indian Tribal
Government Tax Status Act'' (Sec. 7871, I.R.C. 1986).
(d) Certain rights not altered
Nothing in this subchapter shall alter any property right or
obligation, any contractual right or obligation, or any obligation for
taxes already levied.
(e) Modoc Indian Tribe of Oklahoma
This subchapter does not apply to the members of the Modoc Indian
Tribe of Oklahoma as recognized under section 861a(a) of this title and
the Klamath Tribe of Indians does not (except for the purposes set out
in section 861a(a)(1) of this title) include the members of the Modoc
Indian Tribe of Oklahoma.
(Pub. L. 99-398, 2, Aug. 27, 1986, 100 Stat. 849; Pub. L. 99-514,
2, Oct. 22, 1986, 100 Stat. 2095.)
Act approved August 13, 1954, referred to in subsec. (b), is act
Aug. 13, 1954, ch. 732, 68 Stat. 718, as amended, which is classified
generally to subchapter XIII ( 564 et seq.) of this chapter. For
complete classification of this Act to the Code, see Tables.
The Indian Tribal Government Tax Status Act (Sec. 7871, I.R.C.
1986), referred to in subsec. (c), probably means the Indian Tribal
Governmental Tax Status Act of 1982, which is title II of Pub. L.
97-473, Jan. 14, 1983, 96 Stat. 2607, as amended, and is classified
principally to subchapter C ( 7871) of chapter 80 of Title 26, Internal
Revenue Code. For complete classification of this Act to the Code, see
Short Title of 1983 Amendments note set out under section 1 of Title 26
and Tables.
1986 -- Subsec. (c). Pub. L. 99-514 substituted ''I.R.C. 1986''
meaning Internal Revenue Code of 1986 for ''I.R.C. 1954'' meaning
Internal Revenue Code of 1954.
Section 1 of Pub. L. 99-398 provided that: ''This Act (enacting
this subchapter) may be cited as the 'Klamath Indian Tribe Restoration
Act'.''
25 USC 566a. Tribe Constitution and Bylaws
TITLE 25 -- INDIANS
The tribe's Constitution and Bylaws shall remain in full force and
effect and nothing in this subchapter shall affect the power of the
General Council to take any action under the Constitution and Bylaws.
(Pub. L. 99-398, 3, Aug. 27, 1986, 100 Stat. 850.)
25 USC 566b. Conservation and development of lands
TITLE 25 -- INDIANS
(a) In general
Notwithstanding the tribe's previous rejection of the Act of June 18,
1934 (25 U.S.C. 461 et seq.), upon written request of the General
Council, the Secretary of the Interior shall conduct a special election
pursuant to section 18 of such Act (25 U.S.C. 478) to determine if such
Act should be applicable to the tribe.
(b) Adoption of constitution
Upon written request of the General Council, the Secretary shall
conduct an election pursuant to section 16 of the Act approved on June
18, 1934 (43 Stat. 987; 25 U.S.C. 476), for the purpose of adopting a
new constitution for the tribe.
(Pub. L. 99-398, 4, Aug. 27, 1986, 100 Stat. 850.)
Act of June 18, 1934, referred to in text, popularly known as the
Indian Reorganization Act, is classified generally to subchapter V ( 461
et seq.) of this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 461 of this title
and Tables.
25 USC 566c. Hunting, fishing, trapping, and water rights
TITLE 25 -- INDIANS
Nothing in this subchapter shall affect in any manner any hunting,
fishing, trapping, gathering, or water right of the tribe and its
members.
(Pub. L. 99-398, 5, Aug. 27, 1986, 100 Stat. 850.)
25 USC 566d. Transfer of land to be held in trust
TITLE 25 -- INDIANS
The Secretary shall accept real property for the benefit of the tribe
if conveyed or otherwise transferred to the Secretary. Such property
shall be subject to all valid existing rights including liens,
outstanding taxes (local and State), and mortgages. Subject to the
conditions imposed by this section, the land transferred shall be taken
in the name of the United States in trust for the tribe and shall be
part of their reservation. The transfer of real property authorized by
this section shall be exempt from all local, State, and Federal taxation
as of the date of transfer.
(Pub. L. 99-398, 6, Aug. 27, 1986, 100 Stat. 850.)
25 USC 566e. Criminal and civil jurisdiction
TITLE 25 -- INDIANS
The State shall exercise criminal and civil jurisdiction within the
boundaries of the reservation, in accordance with section 1162 of title
18 and section 1360 of title 28, respectively.
(Pub. L. 99-398, 7, Aug. 27, 1986, 100 Stat. 850.)
25 USC 566f. Economic development
TITLE 25 -- INDIANS
(a) Plan for economic self-sufficiency
The Secretary shall --
(1)(A) enter into negotiations with the Executive Committee of the
General Council with respect to establishing a plan for economic
development for the tribe; and
(B) in accordance with this section and not later than two years
after August 27, 1986, develop such a plan.
(2) Upon the approval of such plan by the General Council (and after
consultation with the State and local officials pursuant to subsection
(b) of this section), the Secretary shall submit such plan to the
Congress.
(b) Consultation with State and local officials required
To assure that legitimate State and local interests are not
prejudiced by the proposed economic self-sufficiency plan, the Secretary
shall notify and consult with the appropriate officials of the State and
all appropriate local governmental officials in the State. The
Secretary shall provide complete information on the proposed plan to
such officials, including the restrictions on such proposed plan imposed
by subsection (c) of this section. During any consultation by the
Secretary under this subsection, the Secretary shall provide such
information as the Secretary may possess, and shall request comments and
additional information on the extent of any State or local service to
the tribe.
(c) Restrictions to be contained in plan
Any plan developed by the Secretary under subsection (a) of this
section shall provide that --
(1) any real property transferred by the tribe or any member to the
Secretary shall be taken and held in the name of the United States for
the benefit of the tribe;
(2) any real property taken in trust by the Secretary pursuant to
such plan shall be subject to --
(A) all legal rights and interests in such land existing at the time
of the acquisition of such land by the Secretary, including any lien,
mortgage, or previously levied and outstanding State or local tax; and
(B) foreclosure or sale in accordance with the laws of the State
pursuant to the terms of any valid obligation in existence at the time
of the acquisition of such land by the Secretary; and
(3) any real property transferred pursuant to such plan shall be
exempt from Federal, State, and local taxation of any kind.
(d) Appendix to plan submitted to Congress
The Secretary shall append to the plan submitted to the Congress
under subsection (a) of this section a detailed statement --
(1) naming each individual and official consulted in accordance with
subsection (b) of this section;
(2) summarizing the testimony received by the Secretary pursuant to
any such consultation; and
(3) including any written comments or reports submitted to the
Secretary by any party named in paragraph (1).
(Pub. L. 99-398, 8, Aug. 27, 1986, 100 Stat. 850.)
25 USC 566g. Definitions
TITLE 25 -- INDIANS
For the purposes of this subchapter the following definitions apply:
(1) The term ''tribe'' means the Klamath Tribe consisting of the
Klamath and Modoc Tribes of Oregon and the Yahooskin Band of Snake
Indians.
(2) The term ''member'' means those persons eligible for enrollment
under the Constitution and Bylaws of the Klamath Tribe.
(3) The term ''Secretary'' means the Secretary of the Interior or his
designated representative.
(4) The term ''State'' means the State of Oregon.
(5) The term ''Constitution and Bylaws'' means the Constitution and
Bylaws of the Klamath Tribe of Indians in effect on August 27, 1986.
(6) The term ''General Council'' means the governing body of the
tribe under the Constitution and Bylaws.
(Pub. L. 99-398, 9, Aug. 27, 1986, 100 Stat. 851.)
25 USC 566h. Regulations
TITLE 25 -- INDIANS
The Secretary may make such rules and regulations as are necessary to
carry out the purposes of this subchapter.
(Pub. L. 99-398, 10, Aug. 27, 1986, 100 Stat. 852.)
25 USC SUBCHAPTER XV -- SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND
TITLE 25 -- INDIANS
25 USC 571. Membership roll; preparation
TITLE 25 -- INDIANS
The Secretary of the Interior is authorized and directed, with the
advice and consent of the business council of the Shoshone Tribe of the
Wind River Reservation in Wyoming, to prepare a roll showing the members
of said tribe living on July 27, 1939, and such roll shall form the
basis for the distribution of the judgment fund of said tribe created as
the result of the passage of the Act of June 25, 1938 (52 Stat.
1114-1156), and accrued interest thereon.
(July 27, 1939, ch. 387, 1, 53 Stat. 1128.)
Act of June 25, 1938, referred to in text, provided for an
appropriation for payment of judgments rendered by the court of claims
and reported to the 75th Congress in Senate Document Numbered 191, and
House Documents Numbered 661 and 686. House Document No. 661 listed a
judgment in favor of the Shoshone Tribe of Indians of the Wind River
Reservation in Wyoming, in the sum of $4,408,444.23, with interest on a
part thereof to the date of payment, for the taking of land.
25 USC 572. Payments to individuals; expenditure of payments
TITLE 25 -- INDIANS
There shall be credited on the books of the Office of Indian Affairs
the sum of $2,450 to each member of said tribe whose name appears on the
roll provided for in section 571 of this title, and out of such sum so
credited the Secretary of the Interior is authorized to make available
immediately to each individual member of the tribe the sum of $100;
and, under such rules and regulations as he may prescribe, the sum of
$1,350 to each adult and the sum of $500 to each minor for the following
purposes: Purchase of land, improvement of lands to be acquired or
already held by the Indian, for the erection and improvement of suitable
homes, the purchase of building material, farming equipment, livestock,
feed, food, seed, grain, tools, machinery, implements, household goods,
bedding, clothing, and any other equipment or supplies necessary to
enable the Indians to fit themselves for or to engage in farming,
livestock, industry, or such other pursuits or vocations, including
education, as will enable them to become self-supporting: Provided,
however, That the funds of the aged, infirm, decrepit, and incapacitated
members may be used for their proper maintenance and support in the
discretion of the Secretary of the Interior. The remainder of the share
of each adult individual Indian, including accrued interest, shall be
made available under such rules and regulations as the Secretary of the
Interior may prescribe, and the remainder of the share of each minor
Indian shall, with accrued interest, be held intact until such Indian
reaches the age of eighteen years, when it shall be available under the
same conditions as herein provided for adults. As herein used the term
''adult'' shall include the members of the tribe eighteen years of age
or over, and the term ''minor'' shall include all members less than
eighteen years of age. On the death of any enrolled member, adult or
minor, the sum on deposit to his credit shall be available for
expenditure for the benefit of his heirs for the purposes herein
authorized.
(July 27, 1939, ch. 387, 2, 53 Stat. 1128.)
For transfer of functions of other officers, employees, and agencies
of the Department of the Interior, with certain exceptions, to the
Secretary of Interior, with power to delegate, see Reorg. Plan No. 3
of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set
out in the Appendix to Title 5, Government Organization and Employees.
25 USC 573. Uses of judgment fund
TITLE 25 -- INDIANS
(a) Purchase of lands
Not to exceed $1,000,000 of the said judgment fund, or interest
thereon, shall be available for expenditure upon the request of the
tribe and with the approval of the Secretary of the Interior, for the
purchase of lands in the manner prescribed in section 576 of this title.
(b) Loan fund
The sum of $125,000 of said judgment fund, or interest thereon,
shall, at the request of the tribe and with the approval of the
Secretary of the Interior, be set aside as a loan fund for making loans
to individual members, or groups of members, of said tribe under such
rules and regulations as may be prescribed by the Secretary of the
Interior.
(c) Productive enterprises
The remainder of said judgment fund, including interest thereon,
after making the segregation provided for in section 572 of this title,
and after setting aside the respective amounts authorized by this
section, shall be available for appropriation, upon the recommendation
of the Secretary of the Interior, and with the consent of the tribe, for
purposes of benefit to the tribe, including the establishment and
administration of productive enterprises for the benefit of said tribe,
and any income derived from such enterprises shall be credited to the
Shoshone tribal judgment fund: Provided, That should such enterprises
also benefit the Arapaho Tribe repayment proportionate to the benefit to
the Arapaho Tribe shall be made into the Shoshone judgment fund by the
Arapaho Tribe out of such tribal income as the Arapaho Tribe may enjoy.
(July 27, 1939, ch. 387, 3, 53 Stat. 1129.)
25 USC 574. Consolidation of lands
TITLE 25 -- INDIANS
The Secretary of the Interior is authorized and directed to establish
land-use districts within the diminished and ceded portions of the Wind
River Indian Reservation, Wyoming, and, under such rules and regulations
as he may prescribe, to effect the consolidation of Indian and privately
owned lands within said districts through exchange, relinquishment,
donation, assignment, or purchase of lands or interests therein,
including water rights or surface rights to lands, improvements thereon
and improvements on undisposed-of ceded lands, to the end that the
respective Indian and non-Indian land holdings may be consolidated for
more beneficial use. Exchanges of lands hereunder shall be made on the
basis of equal value, and the value of improvements on lands to be
relinquished to the Indians or by Indians, to non-Indians shall be given
due consideration, and allowance made therefor in the valuation of lieu
lands. This section shall apply to tribal land, and trust or otherwise
restricted Indian allotments, whether the allottees be living or
deceased. In all transactions involving tribal Indian land, the consent
of the Shoshone and Arapaho Tribes shall first be obtained. Title to
all lands or interests therein acquired by the Government through
exchange of tribal land shall be taken in the name of the United States
in trust for the Shoshone and Arapaho Tribes of Indians of the Wind
River Reservation, Wyoming. Title to lands exchanged for individual
Indian allotments, or purchased for individual Indians with restricted
funds shall be taken by the United States in trust for the individual
Indian allottee or heir. The right herein granted individual Indians to
acquire lands by purchase with restricted funds or by exchange shall not
extend to lands on the ceded or opened portion of the reservation.
(July 27, 1939, ch. 387, 4, 53 Stat. 1129.)
25 USC 575. Restoration of lands
TITLE 25 -- INDIANS
The Secretary of the Interior is directed to restore to tribal
ownership all undisposed-of surplus or ceded lands within the land use
districts which are not at present under lease or permit to non-Indians;
and, further, to restore to tribal ownership the balance of said lands
progressively as and when the non-Indian owned lands within a given land
use district are acquired by the Government for Indian use pursuant to
the provisions of sections 571 to 577 of this title. All such
restorations shall be subject to valid existing rights and claims:
Provided, That no restoration to tribal ownership shall be made of any
lands within any reclamation project heretofore authorized within the
diminished or ceded portions of the reservation.
(July 27, 1939, ch. 387, 5, 53 Stat. 1129.)
Act Aug. 15, 1953, ch. 509, 4, 67 Stat. 613, set out as a note
under section 611 of this title, provided that all lands of the Wind
River Indian Reservation ceded for the Riverton reclamation project in
Wyoming and not used for such project were restored to the ownership of
the Arapaho and Shoshone Tribes.
25 USC 576. Purchase of lands; reimbursement of expenditures
TITLE 25 -- INDIANS
The sum of $1,000,000 authorized in section 573 of this title for use
in carrying out the land purchase and consolidation program hereinbefore
authorized shall remain available until expended and any amount expended
shall be reimbursed with interest at 4 per centum per annum to the
Shoshone Tribe of Indians of the Wind River Reservation from joint funds
to the credit of the Shoshone and Arapaho Tribes of the Wind River
Reservation or from future accruals to said joint fund, as and when said
funds accrue. Title to all land purchases made hereunder shall be taken
in the name of the United States in trust for the Shoshone and Arapaho
Tribes of Indians of the Wind River Reservation, Wyoming. All purchases
of lands or interests therein made pursuant to this section shall
receive the approval of the Shoshone and Arapaho Tribal Councils or of
the business committees thereof.
(July 27, 1939, ch. 387, 6, 53 Stat. 1130.)
25 USC 577. Liability of judgment funds for debts
TITLE 25 -- INDIANS
In no event shall any portion of the Shoshone judgment fund become
liable, payable, or subject to any debt or debts contracted prior to
July 27, 1939, by any Indian of the Shoshone Tribe except debts to the
United States or to the tribe.
(July 27, 1939, ch. 387, 7, 53 Stat. 1130.)
Shoshone judgment fund, see section 571 of this title and note.
25 USC 581. Disposition of funds
TITLE 25 -- INDIANS
The funds on deposit in the Treasury of the United States to the
credit of the Shoshone Nation or Tribe of Indians and the
Shoshone-Bannock Tribes that were appropriated by the Act of June 19,
1968 (82 Stat. 239), to pay a judgment in the sum of $15,700,000 entered
by the Indian Claims Commission in consolidated dockets numbered 326-D,
326-E, 326-F, 326-G, 326-H, 366, and 367, and the interest thereon,
after deducting attorneys' fees, litigation expenses, and other
appropriation deductions, shall be apportioned by the Secretary of the
Interior to the Shoshone Tribe of the Wind River Reservation, Wyoming,
the Shoshone-Bannock Tribes of the Fort Hall Reservation, Idaho, and the
Northwest Band of Shoshone Indians (hereinafter the ''three groups''),
as set forth in sections 581 to 590 of this title.
(Pub. L. 92-206, 1, Dec. 18, 1971, 85 Stat. 737.)
Act of June 19, 1968, referred to in text, is Pub. L. 90-352, June
19, 1968, 82 Stat. 239, which provided for supplemental appropriation
for fiscal year ending June 30, 1968, and was not classified to the
Code.
The Indian Claims Commission, referred to in text, terminated Sept.
30, 1978. See Codification note set out under former section 70 et seq.
of this title.
25 USC 582. Shoshone-Bannock Tribes of the Fort Hall Reservation;
credit of funds
TITLE 25 -- INDIANS
The sum of $500,000, and the interest thereon, less attorneys' fees
and other appropriate deductions all in the proportion that the $500,000
bears to the $15,700,000, shall be credited to the Shoshone-Bannock
Tribes of the Fort Hall Reservation for claims of the tribes enumerated
in dockets numbered 326-D, 326-E, 326-F, 326-G, and 366.
(Pub. L. 92-206, 2, Dec. 18, 1971, 85 Stat. 737.)
25 USC 583. Northwestern Bands of Shoshone Indians; credit of funds
TITLE 25 -- INDIANS
The sum of $1,375,000 plus the earned interest thereon less $181,732
shall be credited to the Northwestern Bands of Shoshone Indians for
claims of the bands enumerated in dockets numbered 326-H, and 367.
(Pub. L. 92-206, 3, Dec. 18, 1971, 85 Stat. 737.)
25 USC 584. Apportionment of remaining funds; Shoshone-Bannock Tribes
of the Fort Hall Reservation and the Shoshone Tribe of the Wind River
Reservation
TITLE 25 -- INDIANS
The remainder of the award shall be apportioned between the
Shoshone-Bannock Tribes of the Fort Hall Reservation and the Shoshone
Tribe of the Wind River Reservation in accordance with an agreement
entered into between the Shoshone-Bannock Tribes and the Shoshone Tribe
of the Wind River Reservation in May 1965, approved by the Associate
Commissioner of Indian Affairs in December 1965.
(Pub. L. 92-206, 4, Dec. 18, 1971, 85 Stat. 737.)
25 USC 585. Membership rolls; preparation; eligibility for
enrollment; application; finality of determination
TITLE 25 -- INDIANS
For the purpose of apportioning the award in accordance with sections
581 to 590 of this title, membership rolls, duly approved by the
Secretary of the Interior, shall be prepared for each of the three
groups, as follows:
(a) The governing body of the Shoshone Tribe of the Wind River
Reservation and the governing body of the Shoshone-Bannock Tribes, each
shall, with the assistance of the Secretary, bring current the
membership rolls of their respective tribes, to include all persons born
prior to and alive on December 18, 1971, who are enrolled or eligible to
be enrolled in accordance with the membership requirements of their
respective tribes.
(b) The proposed roll of the Northwestern Bands of Shoshone Indians
entitled to participate in the distribution of the judgment funds shall
be prepared by the governing officers of said Northwestern Bands, with
the assistance of the Secretary of the Interior, within six months after
December 18, 1971, authorizing distribution of said funds. The roll
shall include all persons who meet all of the following requirements of
eligibility:
(1) They were born prior to and alive on December 18, 1971;
(2) Either their names appear on one of the following Indian census
rolls of the Washakie Sub-Agency of the Fort Hall jurisdiction:
(a) Roll dated January 1, 1937, by F. A. Gross, Superintendent of
the Fort Hall Reservation.
(b) Roll dated January 1, 1940, by F. A. Gross, Superintendent of
the Fort Hall Reservation.
(c) Roll dated March 10, 1954.
(d) Roll dated April 21, 1964.
or they possess one-quarter Shoshone Indian blood and they are
descendants of those appearing on at least one of said rolls;
(3) They are not recognized as members of the Shoshone-Bannock Tribes
of the Fort Hall Reservation, the Shoshone Tribe of the Wind River
Reservation, or any other Indian Tribe; and
(4) They shall elect not to participate in any settlement of claims
pending before the Indian Claims Commission in docket 326-J,
Shoshone-Goshute, and docket 326-K, Western Shoshone.
The proposed roll shall be published in the Federal Register, and in
a newspaper of general circulation in the State of Utah. Any person
claiming membership rights in the Northwestern Bands of Shoshone
Indians, or any interest in said judgment funds, or a representative of
the Secretary on behalf of any such person, within sixty days from the
date of publication in the Federal Register, or in the newspaper of
general circulation, as hereinbefore provided, whichever publication
date is last, may file an appeal with the Secretary contesting the
inclusion or omission of the name of any person on or from such proposed
roll. The Secretary shall review such appeals, and his decision thereon
shall be final and conclusive. After disposition of all such appeals to
the Secretary, the roll of the Northwestern Bands of Shoshone Indians
shall be published in the Federal Register and such roll shall be final.
(Pub. L. 92-206, 5, Dec. 18, 1971, 85 Stat. 737.)
The Indian Claims Commission, referred to in par. (4), terminated
Sept. 30, 1978. See Codification note set out under former section 70
et seq. of this title.
25 USC 586. Northwestern Band of Shoshone Indians; payment to
enrollees; heirs or legatees; trust for minors and persons under legal
disability
TITLE 25 -- INDIANS
The funds apportioned to the Northwestern Band of Shoshone Indians,
less attorney's fees, and expenses due the attorneys representing the
Northwestern Band under an approved contract, effective March 1, 1968,
shall be placed to its credit in the United States Treasury and shall be
distributed equally to the members whose names appear on the final roll
and in accordance with the provisions of sections 581 to 590 of this
title.
(a) The per capita shares shall be determined on the basis of the
number of persons listed on the proposed roll published as hereinbefore
provided and the number of persons on whose behalf an appeal has been
taken to the Secretary contesting omission from such proposed roll. The
share of those persons excluded from the final roll by reason of the
decision of the Secretary on appeal shall be distributed equally to the
persons included on the final roll.
(b) The Secretary shall distribute a share payable to a living
enrollee directly to such enrollee. The per capita share of a deceased
enrollee shall be paid to his heirs or legatees upon proof of death and
inheritance satisfactory to the Secretary, whose findings upon such
proof shall be final and conclusive. A share or interest therein
payable to enrollees or their heirs or legatees who are less than
twenty-one years of age or who are under legal disability shall be paid
in accordance with such procedures, including the establishment of
trusts, as the Secretary determines appropriate to protect the best
interest of such persons.
(Pub. L. 92-206, 6, Dec. 18, 1971, 85 Stat. 738.)
25 USC 587. Funds apportioned to Shoshone-Bannock Tribes of the Fort
Hall Reservation
TITLE 25 -- INDIANS
(a) Distribution to enrollees
The funds apportioned to the Shoshone-Bannock Tribes of the Fort Hall
Reservation shall be placed to their credit in the United States
Treasury. Seventy-five percent of such funds shall be distributed per
capita to all persons born on or before and living on December 18, 1971,
who are duly enrolled on the roll prepared in accordance with section
585(a) of this title.
(b) Determination of per capita share
The per capita shares shall be determined on the basis of the number
of persons eligible for per capitas and the number of persons rejected
for per capitas who have taken a timely appeal. The shares of those
persons whose appeals are denied shall revert to the Shoshone-Bannock
Tribes to be expended for any purpose designated by the tribal governing
body and approved by the Secretary.
(c) Trust for minors and persons under legal disability
Sums payable to enrollees or their heirs or legatees who are less
than twenty-one years of age or who are under a legal disability shall
be paid in accordance with such procedures, including the establishment
of trusts, as the Secretary of the Interior determines appropriate to
protect the best interests of such persons.
(d) Remaining funds
The funds remaining after provision is made for the per capita
distribution may be used, advanced, expended, invested, or reinvested
for any purpose authorized by the tribal governing body and approved by
the Secretary of the Interior.
(Pub. L. 92-206, 7, Dec. 18, 1971, 85 Stat. 738.)
25 USC 588. Shoshone Tribe of the Wind River Reservation;
distribution of funds
TITLE 25 -- INDIANS
The funds apportioned to the Shoshone Tribe of the Wind River
Reservation shall be placed to its credit in the United States Treasury
and shall be distributed in accordance with the provisions of the Act of
May 19, 1947, as amended (61 Stat. 102; 25 U.S.C. 611-613).
(Pub. L. 92-206, 8, Dec. 18, 1971, 85 Stat. 739.)
Act of May 19, 1947, referred to in text, is act May 19, 1947, ch.
80, 61 Stat. 102, as amended, which is classified generally to
subchapter XIX ( 611 et seq.) of this chapter. For complete
classification of this Act to the Code, see Tables.
25 USC 589. Tax exemption
TITLE 25 -- INDIANS
Any funds distributed per capita under provisions of sections 581 to
590 of this title shall not be subject to Federal or State income tax.
(Pub. L. 92-206, 9, Dec. 18, 1971, 85 Stat. 739.)
25 USC 590. Rules and regulations
TITLE 25 -- INDIANS
The Secretary of the Interior is authorized to prescribe rules and
regulations to carry out the provisions of sections 581 to 590 of this
title.
(Pub. L. 92-206, 10, Dec. 18, 1971, 85 Stat. 739.)
25 USC 590a. Shoshone-Bannock Tribes of the Fort Hall Reservation;
credit of funds
TITLE 25 -- INDIANS
The funds on deposit in the United States Treasury to the credit of
the Lemhi Tribe, represented by the Shoshone-Bannock Tribes of Indians
of the Fort Hall Reservation, Idaho, appropriated by the Act of May 25,
1971 (Public Law 92-18), to pay a judgment of $4,500,000 entered by the
Indian Claims Commission in docket numbered 326-I, and interest thereon
less attorneys' fees and expenses shall be credited to the
Shoshone-Bannock Tribes of the Fort Hall Reservation for the claims of
said tribes enumerated in docket numbered 326-I.
(Pub. L. 92-442, 1, Sept. 29, 1972, 86 Stat. 743.)
Act of May 25, 1971, referred to in text, is Pub. L. 92-18, May 25,
1971, 85 Stat. 40, known as the Second Supplemental Appropriation Act,
1971, which was not classified to the Code.
The Indian Claims Commission, referred to in text, terminated Sept.
30, 1978. See Codification note set out under former section 70 et seq.
of this title.
25 USC 590b. Disposition of funds
TITLE 25 -- INDIANS
The funds credited to the Shoshone-Bannock Tribes of the Fort Hall
Reservation pursuant to section 590a of this title, may be advanced,
deposited, expended, invested, or reinvested for any purposes that are
authorized by the tribal governing body and approved by the Secretary of
the Interior.
(Pub. L. 92-442, 2, Sept. 29, 1972, 86 Stat. 744.)
25 USC 590c. Tax exemption; trusts for minors and persons under legal
disability
TITLE 25 -- INDIANS
None of the funds distributed per capita to members of the tribes
under the provisions of sections 590a to 590c of this title shall be
subject to Federal or State income taxes. A share or interest payable
to enrollees less than eighteen years of age or under legal disability
shall be paid in accordance with such procedures, including the
establishment of trusts, as the Secretary determines appropriate to
protect the best interest of such persons.
(Pub. L. 92-442, 3, Sept. 29, 1972, 86 Stat. 744.)
25 USC SUBCHAPTER XVI -- CHIPPEWA TRIBE OF MINNESOTA
TITLE 25 -- INDIANS
25 USC 591. Reservation of Chippewa National Forest lands for
Minnesota Chippewa Tribe
TITLE 25 -- INDIANS
Subject to the payments prescribed by section 592 of this title the
following-described lands are hereby eliminated from the Chippewa
National Forest and permanently reserved for the use of the Minnesota
Chippewa Tribe without in any manner affecting existing reserves for
church, cemetery, and other purposes, or individual rights or interest
in said lands: South half northwest quarter southwest quarter,
southeast quarter southwest quarter, section 12; northwest quarter
northwest quarter, west half northeast quarter northwest quarter, south
half northwest quarter, west half southwest quarter, lots 2, 4, 5, and
6, section 13; northeast quarter southeast quarter, section 14; lots
11, 12, 13, 3, 4, 6, 7, 8, and 9, section 24, township 142 north, range
31 west, fifth principal meridian, Minnesota, excepting a tract
containing approximately one and ninety one-hundredths acres, being that
portion of lot 4, section 13, township 142 north, range 31 west,
beginning at angle point 1, lot 5, section 13, township 142 north, range
31 west; thence north thirty-three degrees forty-two minutes east one
hundred and twenty-nine and five-tenths feet; thence south eighty-nine
degrees forty-eight minutes east two hundred and thirty-one and
four-tenths feet; thence south one degree fifty-four minutes west
eighty-five and two-tenths feet; thence south nine degrees thirty-one
minutes east two hundred and five and two-tenths feet; thence south
nine degrees no minutes west eighty and four-tenths feet; thence south
forty-one degrees nineteen minutes west one hundred and nineteen and
four-tenths feet to angle point 4, lot 5; thence along the boundary of
lot 5, north fifty-one degrees no minutes west one hundred and twenty
and one-tenth feet to angle point 5, lot 5, north thirty-seven degrees
forty-five minutes east one hundred and twenty and one-tenth feet to
angle point 6, lot 5, north fifty-one degrees no minutes west two
hundred and eighty-seven and one-tenth feet to angle point 1, lot 5, and
point of beginning.
(June 8, 1940, ch. 285, 1, 54 Stat. 254.)
25 USC 592. Withdrawal of tribal funds to reimburse United States;
consent of Minnesota Chippewa Tribe; disposition of receipts
TITLE 25 -- INDIANS
The Secretary of the Interior is hereby authorized to withdraw from
the Minnesota Chippewa tribal fund now held in trust in the Treasury of
the United States a sufficient sum to reimburse the United States for
the land and timber thereon, the value of the land to be calculated at
$1.25 per acre, and the value of the timber to be ascertained by the
Secretary of Agriculture after the same has been examined and appraised
under his supervision: Provided, however, That the transaction
contemplated in this section and section 591 of this title shall be
effected only with the consent of the Minnesota Chippewa Tribe expressed
through the body authorized to represent it: And provided further, That
all money received by the United States under the authority of this
subchapter shall be deposited in the Treasury of the United States, and
the same is hereby appropriated for the acquisition of forest land
within the Chippewa National Forest under the provisions of the Act
approved March 1, 1911, as amended (U.S.C., title 16 secs. 513, 519,
521).
(June 8, 1940, ch. 285, 2, 54 Stat. 254.)
Act approved March 1, 1911, referred to in text, is act Mar. 1,
1911, ch. 186, 36 Stat. 961, as amended, popularly known as the Weeks
Law, which is classified to sections 480, 500, 513 to 519, 521, 552, and
563 of Title 16, Conservation. For complete classification of this Act
to the Code, see Short Title note set out under section 552 of Title 16
and Tables.
25 USC 593. Exchanges of allotted, restricted, and tribal lands for
Chippewa National Forest lands
TITLE 25 -- INDIANS
Exchanges of Indian allotted, restricted, and tribal lands for lands
in the Chippewa National Forest are hereby authorized. In order to
consummate exchanges involving allotted and restricted Indian lands, the
Secretary of the Interior is hereby authorized to accept relinquishments
or conveyances of Indian lands, which lands shall thereupon become a
part of the Chippewa National Forest, and to issue trust patents to the
Indians for the lands received by them in exchange: Provided, That with
the consent of the Indians involved title to the lands received in any
such exchange may be taken in the name of the tribe, in which case the
transfer of title shall be evidenced by an order of the Secretary of
Agriculture transferring the lands to the Secretary of the Interior in
trust for the Minnesota Chippewa Tribe: Provided further, That
exchanges involving tribal lands shall be made only with the consent of
the Indians and shall be evidenced by appropriate orders of transfer
executed by the Secretary of Agriculture and the Secretary of the
Interior: And provided further, That the land exchanges authorized
herein shall be made on the basis of lands of equal value, and no
exchange shall be made unless it is first approved by the Secretary of
Agriculture.
(June 8, 1940, ch. 285, 3, 54 Stat. 255.)
25 USC 594. Distribution of judgment funds; Mississippi Bands;
Pillager and Lake Winnibigoshish Bands
TITLE 25 -- INDIANS
The funds on deposit in the Treasury of the United States to the
credit of the Minnesota Chippewa Tribe of Indians on behalf of the
Mississippi Bands and the Pillager and Lake Winnibigoshish Bands of
Chippewa Indians that were appropriated by the Act of October 31, 1965,
to pay a judgment by the Indian Claims Commission in docket 18-B, and
the interest thereon, after payment of attorney fees and expenses, may
be advanced or expended for any purpose that is authorized by the tribal
governing bodies of the Minnesota Chippewa Tribe and the White Earth,
Leech Lake, and Mille Lacs Reservations with whom the members of the
Mississippi Bands and Pillager and Lake Winnibigoshish Bands of Chippewa
Indians are affiliated, and approved by the Secretary of the Interior.
Only those persons who are descendants of the Mississippi Bands and the
Pillager and Lake Winnibigoshish Bands of Chippewa Indians who were born
on or prior to and living on September 27, 1967 and who meet the
requirements for membership in the Minnesota Chippewa Tribe shall be
entitled to share in the use or distribution of the funds. Any part of
such funds that may be distributed per capita to the members of the
tribe shall not be subject to the Federal or State income tax.
(Pub. L. 90-94, 1, Sept. 27, 1967, 81 Stat. 230.)
Act of October 31, 1965, referred to in text, is Pub. L. 89-309,
Oct. 31, 1965, 79 Stat. 1133. That portion of the act which
appropriated the funds referred to was not classified to the Code.
The Indian Claims Commission, referred to in text, was terminated on
Sept. 30, 1978. See Codification note set out under former section 70
et seq. of this title.
Section was not enacted as part of act June 8, 1940, ch. 285, 54
Stat. 254, which comprises this subchapter.
25 USC 594a. Rules and regulations
TITLE 25 -- INDIANS
The Secretary of the Interior is authorized to prescribe rules and
regulations to carry out the provisions of this section and section 594
of this title.
(Pub. L. 90-94, 2, Sept. 27, 1967, 81 Stat. 230.)
Section was not enacted as part of act June 8, 1940, ch. 285, 54
Stat. 254, which comprises this subchapter.
25 USC SUBCHAPTER XVII -- YAKIMA TRIBES
TITLE 25 -- INDIANS
25 USC 601. Membership roll; preparation; persons entitled to
enrollment
TITLE 25 -- INDIANS
The Secretary of the Interior is authorized and directed, with the
advice and consent of the Yakima Tribal Council, to prepare a roll
showing the members of the Yakima Tribes living on August 9, 1946, which
roll shall be kept current and shall constitute the official membership
roll of the Yakima Tribes for all purposes. No person who is enrolled
with any other tribe of Indians or who has received an allotment of land
on any other reservation shall be enrolled under the provisions of this
subchapter. The following shall be placed on the roll:
(a) All living persons who received allotments on the Yakima
Reservation, except by fraud.
(b) All living persons who are of the blood of the fourteen original
Yakima Tribes, parties to the treaty of June 9, 1855 (12 Stat. 951), and
who have received allotments on the public domain within the area ceded
to the United States by the Yakima Tribes by the treaty of 1855.
(c) All living persons who have maintained a domicile continuously
from January 1, 1941, until August 9, 1946, on the Yakima Reservation or
within the area ceded by the treaty of June 9, 1855, (12 Stat. 951),
and who are (1) descendants of persons who received allotments on the
Yakima Reservation, except by fraud, or (2) descendants of persons of
the blood of the fourteen original Yakima Tribes who received allotments
on the public domain within the area ceded by the said treaty of 1855.
All living children born after January 1, 1941, but prior to August 9,
1946, to a person entitled to enrollment under this subsection shall
likewise be entitled to enrollment under this subsection.
(d) All children of one-fourth or more blood of the Yakima Tribes
born after August 9, 1946, to a parent who is an enrolled member and
maintains a domicile on the Yakima Reservation or within the area ceded
by the treaty of June 9, 1855, at the time of the birth of the child.
(Aug. 9, 1946, ch. 933, 1, 60 Stat. 968.)
25 USC 602. Application to Tribal Council on exclusion from roll;
minors and incompetent persons
TITLE 25 -- INDIANS
Any person of one-fourth or more of the blood of the Yakima Tribes
who may be excluded from enrollment under the provisions of section 601
of this title may apply for membership at any time and be enrolled upon
the approval of the application by a two-thirds vote of the Yakima
Tribal Council. Applications for enrollment under this section on
behalf of minors and persons mentally incompetent may be filed by any
enrolled member of the Yakima Tribes.
(Aug. 9, 1946, ch. 933, 2, 60 Stat. 969.)
25 USC 603. Correction of membership roll
TITLE 25 -- INDIANS
Corrections in the roll prepared hereunder, by striking therefrom the
name of any person erroneously placed on the roll or by adding to the
roll the name of any person erroneously omitted therefrom, may be made
at any time by the Yakima Tribal Council.
(Aug. 9, 1946, ch. 933, 3, 60 Stat. 969.)
Hereunder, referred to in text, means act Aug. 9, 1946, ch. 933, 60
Stat. 968, which comprises this subchapter. For complete
classification of this Act to the Code, see Tables.
25 USC 604. Loss of membership and removal from roll
TITLE 25 -- INDIANS
Every person whose name appears on the roll prepared hereunder who
holds no vested right, title, or interest in or to any restricted or
trust land on the Yakima Reservation or within the area ceded by the
treaty of June 9, 1855, and who has failed to maintain any tribal
affiliations or a residence on the reservation or within the ceded area
for a period of five consecutive years, shall no longer be considered a
member of the Yakima Tribes, and his name shall be removed from the
rolls. It shall be the duty of the Yakima Tribal Council to determine,
subject to review by the Secretary of the Interior, loss of membership
in each case.
(Aug. 9, 1946, ch. 933, 4, 60 Stat. 969.)
Hereunder, referred to in text, means act Aug. 9, 1946, ch. 933, 60
Stat. 968, which comprises this subchapter. For complete
classification of this Act to the Code, see Tables.
25 USC 605. Expulsion of members; review by Secretary
TITLE 25 -- INDIANS
The Yakima Tribal Council may adopt and enforce ordinances, subject
to review by the Secretary of the Interior, governing the expulsion of
members for any cause deemed by the council to be sufficient.
(Aug. 9, 1946, ch. 933, 5, 60 Stat. 969.)
25 USC 606. Back pay and annuities on enrollment of new members
TITLE 25 -- INDIANS
No person whose name shall after August 9, 1946, be placed on the
roll of the Yakima Tribes shall be entitled to any back annuities or per
capita payments made to the members of the tribes out of tribal funds
which were authorized to be paid to the members of the tribes before
such person's name shall have been placed upon such roll.
(Aug. 9, 1946, ch. 933, 6, 60 Stat. 969.)
25 USC 607. Divestment of inheritance of non-members
TITLE 25 -- INDIANS
(a) Procedure
A person who is not an enrolled member of the Yakima Tribes with
one-fourth degree or more blood of such tribes shall not be entitled to
receive by devise or inheritance any interest in trust or restricted
land within the Yakima Reservation or within the area ceded by the
Treaty of June 9, 1855 (12 Stat. 1951), if, while the decedent's estate
is pending before the Examiner of Inheritance, the Yakima Tribes pay to
the Secretary of the Interior, on behalf of such person, the fair market
value of such interest as determined by the Secretary of the Interior
after appraisal. The interest for which payment is made shall be held
by the Secretary in Trust for the Yakima Tribes.
(b) Time of election
On request of the Yakima Tribes the Examiner of Inheritance shall
keep an estate pending for not less than two years from the date of
decedent's death.
(c) Interest of surviving spouse
When a person who is prohibited by subsection (a) of this section
from acquiring any interest by devise or inheritance is a surviving
spouse of the decedent, a life estate in one-half of the interest
acquired by the Yakima Tribes shall, on the request of such spouse, be
reserved for that spouse and the value of such life estate so reserved
shall be reflected in the Secretary's appraisal under subsection (a) of
this section.
(Aug. 9, 1946, ch. 933, 7, 60 Stat. 969; Dec. 31, 1970, Pub. L.
91-627, 1, 84 Stat. 1874.)
1970 -- Pub. L. 91-627 designated existing provisions as subsec.
(a), substituted provisions authorizing the Yakima Tribes to pay to
Secretary of the Interior the fair market value, as determined by the
Secretary after appraisal, of any interest in trust or restricted land
within the specified areas which a person not an enrolled member of the
Yakima Tribes with one-fourth degree or more blood of such tribes was to
receive by devise or inheritance, for provisions limiting the
inheritance of trust land on the Yakima Reservation to enrolled members
of the Yakima Tribes of one-fourth or more blood of such tribes and to
surviving spouses who are enrolled members but possess less than
one-fourth degree of Yakima blood, with such surviving spouses
authorized to inherit a life estate in not more than one-half the
property, and added subsecs. (b) and (c).
Section 2 of Pub. L. 91-627 provided that: ''The provisions of
section 7 of the Act of August 9, 1946, as amended by this Act (this
section), shall apply to all estates pending before the Examiner of
Inheritance on the date of this Act (Dec. 31, 1970), and to all future
estates, but shall not apply to any estate heretofore closed.''
25 USC 608. Purchase, sale, and exchange of land
TITLE 25 -- INDIANS
(a) Authority of Secretary; manner and place
The Secretary of the Interior is authorized in his discretion, to --
(1) purchase for the Yakima Tribes, with any funds of such tribes,
and to otherwise acquire by gift, exchange, or relinquishment, any lands
or interest in lands or improvements thereon within the Yakima Indian
Reservation or within the area ceded to the United States by the Treaty
of June 9, 1855;
(2) sell or approve sales of any tribal trust lands, any interest
therein or improvements thereon, such sales being limited to agencies of
the Federal, State, or local governments for recreational, educational,
civic, or other public purposes, and to individual members of the
tribes;
(3) exchange any tribal trust lands, including interests therein or
improvements thereon, for any lands situated within such reservation or
the area ceded to the United States by the treaty of June 9, 1855; and
(b) Multiple ownership of land
Where lands are held in multiple ownership, the Secretary is
authorized to sell and exchange such lands to other Indians or the
Yakima Tribes only if the sale or exchange is authorized in writing by
the owners of at least a majority interest in such lands; except that
no greater percentage of approval of individual Indians shall be
required under sections 608 to 608c of this title than in any other
statute of general application approved by Congress.
(c) Acquisitions to be held in trust
Lands and interests in lands acquired by the Secretary pursuant to
subsection (a)(1) of this section and for the benefit of the Yakima
Indian Nation pursuant to section 465 of this title shall be held in
trust by the United States for the benefit of the Yakima Indian Nation.
(d) Terms and conditions
The Secretary shall obtain the advice and consent of the Yakima
tribal council before entering into any of the above transactions
involving the acquisition or disposition of tribal land. The terms and
conditions of any such transaction, including the price at which any
land is so purchased or sold and the valuation of any lands so
exchanged, shall be mutually agreed upon by the Secretary, the Yakima
tribal council, and the individual Indian or Indians concerned. Any
such exchange of lands shall be effected on the basis of approximately
equal consideration with due allowance for the value of improvements in
determining the value of such lands.
(July 28, 1955, ch. 423, 1, 69 Stat. 392; Aug. 31, 1964, Pub. L.
88-540, 1, 78 Stat. 747; Nov. 1, 1988, Pub. L. 100-581, title II,
213, 102 Stat. 2941; May 24, 1990, Pub. L. 101-301, 1(a)(3), (b), 104
Stat. 206.)
Section was not enacted as part of act Aug. 9, 1946, ch. 933, 60
Stat. 968, which comprises this subchapter.
1990 -- Subsec. (c). Pub. L. 101-301, 1(b), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ''In all
cases in which the Secretary is acquiring for the Yakima Tribes lands or
interests in lands presently held in trust or under restrictions for the
benefit of an individual Indian, title shall be taken in the name of the
United States in trust for the Yakima Tribes. In all cases in which
land being purchased is presently held by the grantor in fee simple,
title shall be taken for and held by the Yakima Tribes in fee and such
land shall not, by reason of its being owned by the tribes, be exempt
from taxation in accordance with the laws of the State of Washington.''
Pub. L. 101-301, 1(a)(3), repealed Pub. L. 100-581, 213. See 1988
Amendment note below.
1988 -- Subsec. (c). Pub. L. 100-581, 213, which directed the
general amendment of subsec. (c) of Pub. L. 88-540, cited as a credit
to this section, was repealed by Pub. L. 101-301, 1(a)(3).
1964 -- Pub. L. 88-540 amended section generally, and among other
changes, permits acquisitions by gift or relinquishment, acquisition of
any land within the reservation or area ceded to the United States by
the treaty of June 9, 1855, sale of tribal land not only to tribe
members, but also to Federal, State, or local government for
recreational, educational, civic, or other public purposes, exchange of
tribal land for any land within the reservation or the ceded area, lands
held in multiple ownership to be sold or exchanged upon the written
authorization of owners of at least a majority interest in the lands or
any lesser percentage that may be provided in a statute of general
application, and title to land in fee status acquired by the tribes to
be taken in fee status.
25 USC 608a. Sale of tribal trust lands, etc.
TITLE 25 -- INDIANS
(a) Title subsequent to sale
Title to tribal trust lands, interests, improvements, or rights sold
by the Secretary to individual members of the Yakima Tribes or exchanged
by the Secretary for lands held under trust patent or other restrictions
against alienation by individual members of the tribes and other Indians
or for lands in heirship status shall be held by the United States in
trust for the individual Indian or Indians concerned.
(b) Credit of proceeds to tribal funds
Sums derived from the sale of tribal trust lands interests,
improvements, and rights shall be credited to the tribal funds of the
Yakima Tribes.
(July 28, 1955, ch. 423, 2, 69 Stat. 393; Aug. 31, 1964, Pub. L.
88-540, 2, 78 Stat. 748.)
Section was not enacted as part of act Aug. 9, 1946, ch. 933, 60
Stat. 968, which comprises this subchapter.
1964 -- Subsec. (a). Pub. L. 88-540 struck out provisions that title
to lands, interests, improvements, or rights acquired under section 608
of this title by the Secretary for the Yakima Tribes through purchase or
exchange shall be held by the United States in trust for the Yakima
Tribes.
25 USC 608b. Rights of lessee
TITLE 25 -- INDIANS
(a) No transaction entered into under sections 608 to 608c of this
title shall affect, without the consent of the lessee, any lease of
lands, interests, improvements, or rights involved in such transaction,
or any right of the lessee with respect to extension or renewal of such
lease, which is in existence at the time such transaction is entered
into.
(b) Repealed, Pub. L. 88-540, 3, Aug. 31, 1964, 78 Stat. 748.
(July 28, 1955, ch. 423, 3, 69 Stat. 393; Aug. 31, 1964, Pub. L.
88-540, 3, 78 Stat. 748.)
Section was not enacted as part of act Aug. 9, 1946, ch. 933, 60
Stat. 968, which comprises this subchapter.
1964 -- Subsec. (b). Pub. L. 88-540 repealed subsec. (b) which
provided: ''Nothing in sections 608-608c of this title shall affect the
existing status of any lands, interests, improvements, or rights with
respect to taxation.''
25 USC 608c. Regulations
TITLE 25 -- INDIANS
The Secretary is authorized to prescribe such regulations as may be
necessary to carry out the purposes of sections 608 to 608c of this
title.
(July 28, 1955, ch. 423, 4, 69 Stat. 393.)
Section was not enacted as part of act Aug. 9, 1946, ch. 933, 60
Stat. 968, which comprises this subchapter.
25 USC 609. Action to determine title to judgment fund; claim of
Confederated Tribes of the Colville Reservation; jurisdiction of Court
of Claims
TITLE 25 -- INDIANS
The Confederated Tribes of the Colville Reservation, acting through
the chairman of its business council, and the Yakima Tribes of Indians
of the Yakima Reservation, acting through the chairman of its tribal
council, for and on behalf of said tribes and each and all their
constituent tribal groups, are each hereby authorized to commence or
defend in the United States Court of Claims an action against each other
making claims to a share in the funds that are on deposit in the
Treasury of the United States to pay a judgment of the Indian Claims
Commission dated April 5, 1965, in dockets numbered 161, 222, and 224,
and the interest on said funds; and jurisdiction is hereby conferred
upon said court to hear such claims and to render judgment and decree
thereon making such division of such funds and the interest on such
funds, as may be just and fair in law and equity, between the
Confederated Tribes of the Colville Reservation and its constituent
tribal groups on the one hand, and the Yakima Tribes of Indians of the
Yakima Reservation and its constituent tribal groups on the other hand.
(Pub. L. 90-278, 1, Mar. 30, 1968, 82 Stat. 69.)
The United States Court of Claims, referred to in text, and the
United States Court of Customs and Patent Appeals were merged effective
Oct. 1, 1982, into a new United States Court of Appeals for the Federal
Circuit by Pub. L. 97-164, Apr. 2, 1982, 96 Stat. 25, which also
created a United States Claims Court (now United States Court of Federal
Claims) that inherited the trial jurisdiction of the Court of Claims.
See sections 48, 171 et seq., 791 et seq., and 1491 et seq. of Title
28, Judiciary and Judicial Procedure.
The Indian Claims Commission, referred to in text, was terminated on
Sept. 30, 1978. See Codification note set out under former section 70
et seq. of this title.
Section was not enacted as part of act Aug. 9, 1946, ch. 933, 60
Stat. 968, which comprises this subchapter.
25 USC 609a. Tax exemption
TITLE 25 -- INDIANS
Any part of such funds that may be distributed per capita to the
members of the tribes shall not be subject to Federal or State income
tax.
(Pub. L. 90-278, 2, Mar. 30, 1968, 82 Stat. 69.)
Section was not enacted as part of act Aug. 9, 1946, ch. 933, 60
Stat. 968, which comprises this subchapter.
25 USC 609b. Disposition of judgment fund; deductions; advances,
expenditures, investments, or reinvestments for authorized purposes
TITLE 25 -- INDIANS
The funds appropriated by the Act of October 31, 1965 (79 Stat.
1133, 1152), to pay judgments to the Yakima Tribes of the Yakima
Reservation in Indian Claims Commission docket numbered 47-A and 162,
and by the Act of July 22, 1969 (83 Stat. 49), in consolidated dockets
47 and 164, together with interests thereon, after payment of attorney
fees and litigation expenses, may be advanced, expended, invested, or
reinvested for any purpose that is authorized by the tribal governing
body and approved by the Secretary of the Interior.
(Pub. L. 91-413, 1, Sept. 25, 1970, 84 Stat. 865.)
Act of October 31, 1965, referred to in text, is Pub. L. 89-309,
Oct. 31, 1965, 79 Stat. 1133, 1152. That portion of the act which
appropriated the funds referred to was not classified to the Code.
The Indian Claims Commission, referred to in text, terminated Sept.
30, 1978. See Codification note set out under former section 70 et seq.
of this title.
Act of July 22, 1969, referred to in text, is Pub. L. 91-47, July
22, 1969, 83 Stat. 49. That portion of the act which appropriated the
funds referred to was not classified to the Code.
Section was not enacted as part of act Aug. 9, 1946, ch. 933, 60
Stat. 968, which comprises this subchapter.
25 USC 609b-1. Tax exemption; trusts and other procedures for
protection of minors and persons under legal disability
TITLE 25 -- INDIANS
Any part of such funds that may be distributed per capita under the
provisions of section 609b of this title and this section shall not be
subject to Federal or State income tax; and any per capita share
payable to a person under twenty-one years of age or to a person under
legal disability shall be paid in accordance with such procedures,
including the establishment of trusts, as the Secretary determines will
adequately protect the best interest of such persons.
(Pub. L. 91-413, 2, Sept. 25, 1970, 84 Stat. 865.)
Section was not enacted as part of act Aug. 9, 1946, ch. 933, 60
Stat. 968, which comprises this subchapter.
25 USC 609c. Disbursement of minor's share of judgment funds
TITLE 25 -- INDIANS
(a) Definitions
For purposes of this section and section 609c-1 of this title, the
term --
(1) ''tribe'' means the Confederated Tribes and Bands of the Yakima
Indian Nation or the Apache Tribe of the Mescalero Reservation;
(2) ''tribal governing body'' means the governing body of a tribe or
a committee of the members of such body designated by such body for
purposes of this section and section 609c-1 of this title;
(3) ''Secretary'' means the Secretary of the Interior acting through
(unless otherwise determined by the Secretary) the Superintendent of the
Bureau of Indian Affairs Agency serving the tribe involved;
(4) ''minor'' means a member of a tribe, or descendant of a member of
a tribe, who has not attained the age of eighteen years and who has a
minor's share;
(5) ''minor's share'' means the per capita share of a judgment award,
and the investment income accruing thereto, which is held in trust by
the Secretary for a minor; and
(6) ''parent'' means the biological or adoptive parent or parents, or
other legal guardian, of a minor.
(b) Disbursement to parent of minor
Notwithstanding any provision of the Act of October 19, 1973 (87
Stat. 466) (25 U.S.C. 1401 et seq.), the Act of March 12, 1968 (82 Stat.
47), or any other law, or any regulation or plan promulgated pursuant
thereto, the minor's share of judgment funds heretofore or hereafter
awarded by the Indian Claims Commission or the United States Court of
Claims to a tribe may be disbursed to a parent of such minor pursuant to
this section and section 609c-1 of this title.
(c) Disbursements under plan for best interest of minor
The minor's share of judgment funds may be disbursed in such amounts
deemed necessary by such parent for the best interest of the minor for
the minor's health, education, welfare, and emergencies under a plan
governing such funds for each minor (or a plan governing funds of all
minors in a family) approved by the Secretary and the tribal governing
body of the minor's tribe.
(d) Monthly reports
The Secretary shall provide a monthly report to each tribal governing
body which has approved one or more plans pursuant to subsection (c) of
this section. Each such report shall include the amount and purpose of
every disbursement made during each month under such plans.
(Pub. L. 95-433, 1, Oct. 10, 1978, 92 Stat. 1047.)
Act of October 19, 1973, referred to in subsec. (b), is Pub. L.
93-134, Oct. 19, 1973, 87 Stat. 466, as amended, known as the Indian
Tribal Judgment Funds Use or Distribution Act, which is classified
generally to chapter 16 ( 1401 et seq.) of this title. For complete
classification of this Act to the Code, see section 1401(c) of this
title and Tables.
Act of March 12, 1968, referred to in subsec. (b), is Pub. L.
90-266, which authorized the consolidation and use of funds in favor of
the Apache Tribe of the Mescalero Reservation, and was not classified to
the Code.
The Indian Claims Commission, referred to in subsec. (b), terminated
Sept. 30, 1978. See Codification note set out under former section 70
et seq. of this title.
The United States Court of Claims, referred to in subsec. (b), and
the United States Court of Customs and Patent Appeals were merged
effective Oct. 1, 1982, into a new United States Court of Appeals for
the Federal Circuit by Pub. L. 97-164, Apr. 2, 1982, 96 Stat. 25,
which also created a United States Claims Court (now United States Court
of Federal Claims) that inherited the trial jurisdiction of the Court of
Claims. See sections 48, 171 et seq., 791 et seq., and 1491 et seq. of
Title 28, Judiciary and Judicial Procedure.
25 USC 609c-1. Tax exemption; eligibility for Federal assistance
without regard to payments
TITLE 25 -- INDIANS
Any part of any of the judgment funds referred to in section 609c of
this title that may be distributed per capita to, or held in trust for
the benefit of, the members of a tribe, including minor's shares, shall
not be subject to Federal or State income tax, and the per capita
payment shall not be considered as income or resources when determining
the extent of eligibility for assistance under the Social Security Act
(42 U.S.C. 301 et seq.), or any other Federal or federally assisted
program.
(Pub. L. 95-433, 2, Oct. 10, 1978, 92 Stat. 1047.)
The Social Security Act, referred to in text, is act Aug. 14, 1935,
ch. 531, 49 Stat. 620, as amended, which is classified generally to
chapter 7 ( 301 et seq.) of Title 42, The Public Health and Welfare.
For complete classification of this Act to the Code, see section 1305 of
Title 42 and Tables.
25 USC SUBCHAPTER XVIII -- SWINOMISH TRIBE
TITLE 25 -- INDIANS
25 USC 610. Purchase of lands within, adjacent to, or in close
proximity to boundaries of Swinomish Indian Reservation
TITLE 25 -- INDIANS
The Secretary of the Interior is authorized to purchase with funds
made available by the Swinomish Indian Tribal Community any land or
interest in land within, adjacent to, or in close proximity to the
boundaries of the Swinomish Indian Reservation.
(Pub. L. 90-534, 1, Sept. 28, 1968, 82 Stat. 884.)
25 USC 610a. Sale or exchange of lands; money equalization payments
TITLE 25 -- INDIANS
Any land or interest in land now owned or hereafter acquired by or in
trust for the Swinomish Indian Tribal Community may be sold or exchanged
for other land or interest in land within, adjacent to, or in close
proximity to the boundaries of the Swinomish Indian Reservation, and the
land values involved in an exchange must be equal or be equalized by the
payment of money.
(Pub. L. 90-534, 2, Sept. 28, 1968, 82 Stat. 884.)
25 USC 610b. Title to lands; tax exemption; prohibition of
restrictions
TITLE 25 -- INDIANS
Title to any land acquired pursuant to this subchapter shall be taken
in the name of the United States in trust for the Swinomish Indian
Tribal Community and shall be nontaxable if the land is within the
boundaries of the Swinomish Indian Reservation, and title shall be taken
in the name of the Community subject to no restrictions on alienation,
taxation, management, or use if the land is outside such boundaries.
(Pub. L. 90-534, 3, Sept. 28, 1968, 82 Stat. 884.)
25 USC 610c. Mortgages or deeds in trust; law governing mortgage
foreclosure or sale; United States as party; removal of cases:
appeals
TITLE 25 -- INDIANS
The Swinomish Indian Tribal Community may, with the approval of the
Secretary of the Interior, execute mortgages or deeds of trust to land
the title to which is held by the community, or by the United States in
trust for the community. Such land shall be subject to foreclosure or
sale pursuant to the terms of such mortgage or deed of trust in
accordance with the laws of the State of Washington. The United States
shall be an indispensable party to, and may be joined in, any such
proceeding involving trust land with the right to remove the action to
the United States district court for the district in which the land is
situated, according to the procedure in section 1446 of title 28, and
the United States shall have the right to appeal from any order of
remand entered in such action.
(Pub. L. 90-534, 4, Sept. 28, 1968, 82 Stat. 884.)
25 USC 610d. Moneys or credits for tribal purposes
TITLE 25 -- INDIANS
Any moneys or credits received or credited to the Swinomish Indian
Tribal Community from the sale, exchange, mortgage, or granting of any
security interest in any tribal land may be used for tribal purposes.
(Pub. L. 90-534, 5, Sept. 28, 1968, 82 Stat. 884.)
25 USC 610e. Assignment of income
TITLE 25 -- INDIANS
The Swinomish Indian Tribal Community may assign any income due it,
subject to approval of the Secretary of the Interior. Such approval may
be given in general terms or may be limited to specified assignments.
(Pub. L. 90-534, 7, Sept. 28, 1968, 82 Stat. 884.)
25 USC SUBCHAPTER XIX -- SHOSHONE AND ARAPAHO TRIBES OF WYOMING
TITLE 25 -- INDIANS
25 USC 611. Division of trust fund on deposit in United States
Treasury to joint credit of both tribes
TITLE 25 -- INDIANS
The Secretary of the Interior is authorized and directed to divide
the trust funds on deposit in the Treasury of the United States to the
joint credit of the Shoshone and Arapaho Tribes of the Wind River
Reservation, Wyoming, including the unexpended balance of the treaty
funds arising under section 12 of the Act of June 7, 1897 (30 Stat.
93), between the Shoshone Tribe and the Arapaho Tribe, crediting
one-half of the total amount in the principal account to a principal
trust fund account and one-half of the total amount in the interest
account to an interest trust fund account for each tribe: Provided,
That in dividing the funds there shall be taken into consideration in
determining the amount to be credited to each tribe the outstanding
loans made from joint trust funds to the Indians of each tribe.
(May 19, 1947, ch. 80, 1, 61 Stat. 102.)
Section 12 of the Act of June 7, 1897 (30 Stat. 93), referred to in
text, is act June 7, 1897, ch. 3, 12, 30 Stat. 93, which was not
classified to the Code.
Pub. L. 85-780, Aug. 27, 1958, 72 Stat. 935, provided: ''That,
from and after the effective date of this Act (Aug. 27, 1958), all of
the right, title, and interest of the United States in all minerals,
including oil and gas, the Indian title, to which was extinguished by
the Act of August 15, 1953 (67 Stat. 592; Public Law 284, Eighty-third
Congress, first session (set out as a note under this section)),
entitled 'An Act to provide compensation to the Shoshone and Arapahoe
Tribes of Indians for certain lands of the Riverton reclamation project
within the ceded portion of the Wind River Indian Reservation, and for
other purposes', is hereby declared to be held by the United States in
trust for the Shoshone and Arapahoe Tribes and, notwithstanding any
other provision of law, said minerals, including oil and gas, subject to
the provisions of section 2 of this Act, shall be administered and
leased in accordance with the provisions of the Act of May 11, 1938 (ch.
198, 52 Stat. 347 (sections 396a to 396g of this title)). The gross
proceeds received by the United States from such minerals either before
or after the date of this Act shall be deposited to the credit of the
Shoshone and Arapahoe Tribes in accordance with the provisions of the
Act of May 19, 1947 (61 Stat. 102), as amended (this subchapter), and
any of such gross proceeds that have been credited to miscellaneous
receipts in the Treasury of the United States in accordance with the
provisions of section 5 of the Act of August 15, 1953 (67 Stat. 592 (set
out as a note under this section)), shall be transferred on the books of
the Treasury to the credit of such tribes.
''Sec. 2. Notwithstanding any other provision of law, (1) all mineral
leases, including oil and gas leases, covering any of the minerals
referred to in section 1 hereof, which have heretofore been issued by
the Secretary of the Interior on a noncompetitive basis, shall be
subject to renewal at the end of the primary five-year term thereof for
a term that extends to a date that is five years from the date of this
Act (Aug. 27, 1958) and shall not be subject to renewal or further
extension except in any case where, at the expiration of said extended
term, oil or gas is being produced under the lease in paying quantities,
and (2) the Secretary of the Interior shall process in accordance with
the Mineral Leasing Act of February 25, 1920 (ch. 85, 41 Stat. 437), as
amended (section 181 et seq. of Title 30, Mineral Lands and Mining), and
the regulations issued thereunder, all oil and gas lease offers covering
any of the oil and gas referred to in section 1 hereof which were filed
on or before December 31, 1957: Provided, That any oil and gas lease
issued pursuant to such lease offers shall be for a single term of five
years commencing with the effective date of the lease and shall not be
subject to renewal or extension except in any case where at the
expiration of said five-year term, oil or gas is being produced under
the lease in paying quantities.
''Any oil or gas lease referred to in subparagraph (1) of this
section and any oil or gas lease which may hereafter be issued pursuant
to the lease offers referred to in subparagraph (2) of this section
shall be subject to the provisions of section 1 (1) of the Act of July
29, 1954 (ch. 644, 68 Stat. 583), amendatory of the second paragraph of
section 17 of the Mineral Leasing Act of February 25, 1920 (ch. 85, 41
Stat. 443), as amended (section 226 of title 30).''
the Riverton Reclamation Project
Act Aug. 15, 1953, ch. 509, 67 Stat. 592, provided that: ''There
is hereby authorized to be transferred in the Treasury of the United
States from funds now or hereafter made available for carrying on the
functions of the Bureau of Reclamation and to be placed to the credit of
the Shoshone and Arapahoe Tribes of Indians of the Wind River Indian
Reservation in Wyoming, the sum of $1,009,500, said sum shall be
credited to and expended for the benefit of said tribes and their
members as provided by the Act of May 19, 1947 (61 Stat. 102), as
amended by the Act of August 30, 1951 (65 Stat. 208), and by the Act of
July 17, 1953 (Public Law 132, Eighty-third Congress) (this subchapter),
and as may be hereinafter amended, and shall be deemed to constitute
full, complete, and final compensation, except as provided in section 5
of this Act, for terminating and extinguishing all of the right, title,
estate, and interest, including minerals, gas and oil, of said Indian
tribes and their members of, in and to the lands, interests in lands,
and any and all past and future damages arising out of the cession to
the United States, pursuant to the Act of March 3, 1905 (33 Stat. 1016)
of that part of the former Wind River Indian Reservation lying within *
* * the proposed exterior boundaries of the Riverton reclamation
project, Fremont County, Wyoming * * *''.
''* * * Provided, That any member, or the heirs or assignees of any
member, of either of said tribes, who on the 24th day of July 1952, had
an existing and valid assignment on any part of the above-described
land, shall have the right, at his or her option, within one year after
the date of enactment of this Act (Aug. 15, 1953) to enter into a
contract with the United States, by and through the Bureau of
Reclamation, for the purchase, at a price and on terms satisfactory to
the Secretary of the Interior, of all or any contiguous part of such
assignment, and upon final payment of the purchase price therefor, a fee
patent accordingly shall be issued to such assignee, subject to
reservations of all oil, gas, and minerals to the United States, and
subject to section 5 of this Act, and if any part of the land so
selected shall contain land irrigable under the Riverton reclamation
project, then said patented land shall be subject to all irrigation
charges, taxes, and liens imposed by Federal or State law, to the same
extent and in like manner as other lands of the Riverton reclamation
project: Provided further, That all existing contracts relating to
irrigation charges, with respect to such irrigable land, shall remain in
full force and effect: And provided further, That nothing in this Act
shall be construed to affect the rights and interests in and to any land
embraced within the tract described herein that has been allotted to an
individual member of either of the said tribes which, on the date of
enactment of this Act (Aug. 15, 1953), is held by the United States in
trust for such member or his or her heirs.
''Sec. 2. Subject only to the existing rights and interests which are
not extinguished and terminated by this Act, all unentered and vacant
lands within the area described in section 1 hereof, are hereby restored
to the public domain for administration, use, occupancy, and disposal
under the reclamation and public land laws of the United States:
Provided, That the sale or other disposition of such lands shall be at
rates and upon terms and conditions approved by the Secretary of the
Interior: Provided further, That the average price of all such lands
disposed of by sale shall be not less than $6.25 per acre.
''Sec. 3. The sum transferred to the credit of the Shoshone and
Arapahoe Tribes of Indians as aforesaid and the expenses of carrying out
the provisions of this Act shall be nonreimbursable and nonreturnable
under the reclamation laws of the United States. The net proceeds
derived from the disposal of said lands shall be covered into the
general fund of the Treasury or into the reclamation fund as the
Secretary of the Interior shall find appropriate in the light of the
source from which the funds transferred or expended in carrying out this
Act are derived.
''Sec. 4. Subject to any outstanding rights and interests, all of the
ceded lands of the Wind River Reservation withdrawn pursuant to the Act
of June 17, 1902, for the development of the Riverton reclamation
project, Wyoming, not included within the boundaries of the tract
described in section 1 of this Act, are hereby restored to the ownership
of said tribes to the same extent as the ownership provided by the Act
of July 27, 1939 (53 Stat. 1128) (sections 571 to 577 of this title),
with respect to vacant lands ceded to the United States under the
provisions of the Act of March 3, 1905 (33 Stat. 1016), but not
subsequently withdrawn for reclamation purposes: Provided, That the
compensation authorized in section 1 hereof shall also be deemed to
release the United States from any and all claims for damages whatsoever
arising out of withdrawal of lands herein restored to tribal ownership.
''Sec. 5. Notwithstanding any other provision of law, the United
States shall deposit in the Treasury of the United States to the credit
of said tribes, to be available for expenditure for the benefit of said
tribes and their members, as provided by the Act of May 19, 1947 (61
Stat. 102), as amended by the Act of August 30, 1951 (65 Stat. 208), and
by the Act of July 17, 1953 (Public Law 132, Eighty-third Congress)
(this subchapter), and as may be hereinafter amended, 90 per centum of
the gross receipts of the United States, as they are received from time
to time, from all leases, bonuses, royalties, or other proceeds derived
under the mining and mineral-leasing laws of the United States from any
and all lands in which all rights and interests of the tribes are
terminated and extinguished by the terms and conditions of section 1 of
this Act and which are embraced within the boundaries of the tract
described in said section 1. Notwithstanding any other provision of law
the remaining 10 per centum of such gross receipts shall be deposited in
the Treasury of the United States to the credit of miscellaneous
receipts.
''Sec. 6. Should this Act become law subsequent to June 30, 1954,
there is hereby reserved to the Shoshone and Arapahoe Tribes the
privilege of rejecting, within one hundred and twenty days after the
date of the Act (Aug. 15, 1953), the terms and conditions of its
sections 1, 4, and 5. If those terms and conditions are rejected, no
part of the Act shall become effective.
''Sec. 7. The Secretary of the Interior is authorized to perform any
and all acts to carry out the provisions and purposes of this Act.''
25 USC 612. Establishment of trust fund for each tribe; transfer of
funds; interest; crediting of revenues, receipts, and proceeds of
judgments
TITLE 25 -- INDIANS
The Secretary of the Treasury, upon request of the Secretary of the
Interior, is authorized and directed to establish a trust fund account
for each tribe and shall make such transfer of funds on the books of his
department as may be necessary to effect the purpose of section 611 of
this title: Provided, That interest shall accrue on the principal fund
only, at the rate of 4 per centum per annum, and shall be credited to
the interest trust fund accounts established by this section: Provided
further, That all future revenues and receipts derived from the Wind
River Reservation under any and all laws, and the proceeds from any
judgment for money against the United States hereafter paid jointly to
the Shoshone and Arapahoe Tribes of the Wind River Reservation, shall be
divided in accordance with section 611 of this title and credited to the
principal trust fund accounts established herein; and the proceeds from
any judgment for money against the United States hereafter paid to
either of the tribes singly shall be credited to the appropriate
principal trust fund account.
(May 19, 1947, ch. 80, 2, 61 Stat. 102; Aug. 30, 1951, ch. 367, 1,
65 Stat. 208; Aug. 8, 1958, Pub. L. 85-610, 1, 72 Stat. 541.)
1958 -- Pub. L. 85-610 substituted ''Secretary of the Treasury'' for
''Comptroller of the United States'', required division of future
receipts from Reservation and proceeds from judgments paid jointly to
Tribes, and provided for manner of crediting proceeds from judgments
paid to either of Tribes.
1951 -- Act Aug. 30, 1951, substituted ''any'' for ''existing''
before ''law'' in second proviso.
25 USC 613. Advances or expenditures from tribal funds; emergency and
educational loans; payments to individuals of tribes; per capita
payments not subject to liens or claims; exception
TITLE 25 -- INDIANS
Notwithstanding any other provision of existing law, the trust funds
credited to the Shoshone Tribe and the Arapahoe Tribe, respectively,
under the provisions of this subchapter shall be available for
expenditure or for advance to the tribes for such purposes as may be
requested by the business council of the tribe concerned and approved by
the Secretary of the Interior, or such official as may be designated by
him: Provided, That the Secretary of the Interior is directed to make
available out of the trust funds of the Shoshone Tribe the sum of $7,500
for the purpose of making emergency and educational loans on the
authority and responsibility of the Shoshone Tribe, through its business
council, without liability to the United States and free from regulation
or approval by the Secretary of the Interior: Provided further, That,
commencing as soon after August 8, 1958 as the Secretary of the Interior
determines may be practicable in order to change from the existing
quarterly payment system, but not later than January 1, 1959, 85 per
centum of said trust funds shall be paid per capita to the members of
the respective tribes in equal monthly installments on the first day of
each month, or as near thereto as practicable, or with the approval of
the Secretary of the Interior, at such more frequent intervals as the
tribes may request. The amount of the monthly payments during any one
calendar year shall be determined by the Secretary of the Interior on
the basis of estimated anticipated income for that calendar year:
Provided further, That the Secretary may increase or decrease the amount
of the monthly payments in the light of actual receipts during the
calendar year, and in order to avoid the omission of a payment or a
reduction in the amount that would cause unnecessary hardship the
Secretary may permit the total monthly payments for a year to exceed 85
per centum of the actual receipts for that year and deduct the excess
from the receipts of the following or succeeding years before
determining the amount of the monthly payments for such succeeding
years: Provided further, That said per capita payments shall not be
subject to any lien or claim of any nature against any of the members of
said tribes unless the business council of such member shall consent
thereto in writing, except as to reimbursable Treasury loans made to
individual members of either tribe which may be due to the United
States, and except as to irrigation charges owed by individual Indians
to the United States with respect to lands for which water is requested
and received by said individual Indians, and with respect to lands that
are determined by the Secretary of the Interior to be properly
classified under existing law on the basis of the survey undertaken by
the Secretary after the amendment of this section on July 25, 1956 (70
Stat. 642): Provided further, That quarterly per capita payments under
this subchapter shall continue without interruption until the monthly
per capita payments are put into effect on or before January 1, 1959.
(May 19, 1947, ch. 80, 3, 61 Stat. 102; Aug. 30, 1951, ch. 367, 2,
65 Stat. 209; July 17, 1953, ch. 223, 67 Stat. 179; Aug. 9, 1955, ch.
638, 69 Stat. 557; July 25, 1956, ch. 723, 1, 70 Stat. 642; Aug. 8,
1958, Pub. L. 85-610, 2, 72 Stat. 541.)
1958 -- Pub. L. 85-610 substituted ''business council'' for ''tribal
council'', to authorize $7,500 for emergency and educational loans,
permitted monthly payments instead of quarterly payments and allowed for
payments at more frequent intervals if the tribes so request, required
the Secretary to determine the amount of monthly payments during any
calendar year on the basis of estimated anticipated income for that
calendar year, provided for increases and decreases in monthly payments
and omitted provisions which related to authority of the Secretary to
protect and conserve funds payable to minors and incompetents.
1956 -- Act July 25, 1956, increased per capita payments from 80 to
85 percent, extended period of payments from May 19, 1957, to May 19,
1959, subjected per capita payments to irrigation charges with respect
to lands that are determined by the Secretary of Interior to to be
properly classified under existing law on the basis of a survey, and
inserted provisions relating to authority of the Secretary to protect
and conserve funds payable to minors and incompetents.
1955 -- Act Aug. 9, 1955, permitted quarterly per capita payments
instead of semiannual payments.
1953 -- Act July 17, 1953, increased per capita distribution from
two-thirds to 80 per centum.
1951 -- Act Aug. 30, 1951, substituted ''ten'' for ''five'' before
''years'' in first proviso.
Section 2 of act July 25, 1956, requested the Secretary of the
Interior to report to Congress before Jan. 1, 1958, in order to
determine the conditions under which per capita payments could be
authorized after May 19, 1959, (1) recommendations regarding any new
authority, if any, needed to protect adequately the interests of minors
and incompetent Indians, (2) the results of a survey and
reclassification of the lands that should be removed from the irrigation
project, and (3) the adequacy of the tribal contribution to the cost of
administering the reservation.
25 USC SUBCHAPTER XX -- PUEBLO AND CANONCITO NAVAJO INDIANS
TITLE 25 -- INDIANS
25 USC 621. Portions of tribal lands to be held in trust by the United
States; remainder to become part of the public domain
TITLE 25 -- INDIANS
Title to the lands and the improvements thereon, lying and situated
within the State of New Mexico, which have been acquired by the United
States under authority of title II of the National Industrial Recovery
Act of June 16, 1933 (48 Stat. 200), the Emergency Relief Appropriation
Act of April 8, 1935 (49 Stat. 115), section 55 of title I of the Act of
August 24, 1935 (49 Stat. 750, 781), the Bankhead-Jones Farm Tenant Act
(50 Stat. 522, 525) and subsequent emergency relief appropriation Acts
administrative jurisdiction over which has heretofore been transferred
by the President from the Secretary of Agriculture to the Secretary of
the Interior, to be administered through the Commissioner of Indian
Affairs for the benefit of the Indians, by Executive Orders Numbered
7792, 7975, 8255, 8471, 8696, and 8472 and that title to the public
domain lands and improvements thereon, lying and situated within the
State of New Mexico, which were withdrawn in aid of proposed legislation
by the Secretary of the Interior on December 23, 1938, and May 31, 1939,
and now in use by Pueblo or Canoncito Navajo Indians, excepting those
portions thereof used by the United States for administrative purposes,
is declared to be in the United States of America in trust for the
respective tribes, bands, or groups of Indians occupying and using same
as a part of their respective existing reservations, subject to valid
existing rights. The remainder of the aforesaid land is declared to be
a part of the public domain of the United States and shall be
transferred by the Secretary of the Interior to the Bureau of Land
Management for administration under the provisions of the Act of
Congress of June 28, 1934, generally known as Taylor Grazing Act (43
U.S.C. 315 et seq.) (48 Stat. 1269, as amended). The boundaries and
descriptions of the areas to become Indian lands and those which are to
be transferred to the Bureau of Land Management are set out in sections
III and IV, respectively, of the memorandum of information which is
attached to and a part of the report of the Secretary of the Interior to
the Senate Committee on Interior and Insular Affairs on this subchapter,
and such boundaries and descriptions are adopted as part of this
subchapter and shall be published in the Federal Register: Provided,
That before said boundaries and descriptions are published in the
Federal Register as herein provided, the Secretary of the Interior may
correct any clerical errors in section III of said memorandum of
information and shall revise the same so as to define the areas on that
portion of the lands conveyed by this subchapter and known as Bell Rock
Mesa used and occupied respectively by the Laguna Pueblo Indians and the
Canoncito Navajo Indians.
(Aug. 13, 1949, ch. 425, 1, 63 Stat. 604.)
The National Industrial Recovery Act, referred to in text, is act
June 16, 1933, ch. 90, 48 Stat. 195, as amended. Title II of the
National Industrial Recovery Act was classified principally to
subchapter I ( 401 et seq.) of chapter 8 of Title 40, Public Buildings,
Property, and Works, and was terminated June 30, 1943, by act June 27,
1942, ch. 450, 1, 56 Stat. 410. For complete classification of this
Act to the Code, see Tables.
The Emergency Relief Appropriation Act of April 8, 1935 (49 Stat.
115), referred to in text, is act Apr. 8, 1935, ch. 48, 49 Stat. 115,
which was set out as a note under section 728 of Title 15, Commerce and
Trade.
Section 55 of title I of the Act of August 24, 1935 (49 Stat. 750,
781), referred to in text, is section 5 of act Aug. 24, 1935, ch. 641,
title I, 49 Stat. 781, which was not classified to the Code but was
listed in the Supplementary Legislation note under section 721 of Title
15.
The Bankhead-Jones Farm Tenant Act (50 Stat. 522, 525), referred to
in text, is act July 22, 1937, ch. 517, 50 Stat. 522, as amended,
which is classified generally to chapter 33 ( 1000 et seq.) of Title 7,
Agriculture. For complete classification of this Act to the Code, see
section 1000 of Title 7 and Tables.
The Taylor Grazing Act, referred to in text, is act June 28, 1934,
ch. 865, 48 Stat. 1269, as amended, which is classified principally to
subchapter I ( 315 et seq.) of chapter 8A of Title 43, Public Lands.
For complete classification of this Act to the Code, see Short Title
note set out under section 315 of Title 43 and Tables.
Committee on Interior and Insular Affairs of the Senate abolished and
replaced by Committee on Energy and Natural Resources of the Senate,
Effective Feb. 11, 1977. See Rule XXV of Standing Rules of the
Standing Rules of the Senate, as amended by Senate Resolution No. 4
(popularly cited as the ''Committee System Reorganization Amendments of
1977''), approved Feb. 4, 1977. Section 105 of Senate Resolution No.
4 established a temporary Select Committee on Indian Affairs having
jurisdiction over matters relating to Indian affairs (such matters
previously having been within the jurisdiction of the Committee on
Interior Ninety-eighth Congress, established the Select Committee on
Indian Affairs as a permanent committee of the Senate, and section 25 of
Senate Resolution No. 71, Feb. 25, 1993, One Hundred Third Congress,
redesignated the Select Committee on Indian Affairs as the Committee on
Indian Affairs.
25 USC 622. Exchange of tribal lands; title to lands
TITLE 25 -- INDIANS
For the purpose of consolidation of Indian lands the Secretary of the
Interior is authorized, under such regulations as he may prescribe, to
exchange any lands or interests therein, including improvements and
water rights with the consent of the Pueblo or Navajo tribal authorities
for other lands, water rights, and improvements of similar value in the
area set apart for the Pueblos and Canoncito Navajos or in the areas
declared to be public domain or within any public domain within New
Mexico. Title to all lands acquired under the provisions of this
subchapter shall be taken in the name of the United States in trust for
the respective Pueblo Indians and the Navajo Canoncito group.
(Aug. 13, 1949, ch. 425, 2, 63 Stat. 605.)
25 USC 623. Disbursement of deposits in the United Pueblos Agency
TITLE 25 -- INDIANS
The funds now on deposit in the United Pueblos Agency in ''special
deposits'' which have accrued from issuance of livestock-crossing
permits and fees collected for grazing permits on the lands which have
been under the jurisdiction of the Department of the Interior shall be
expended or disbursed for the benefit of the Indians under such rules
and regulations as the Secretary of the Interior may prescribe.
(Aug. 13, 1949, ch. 425, 3, 63 Stat. 605.)
25 USC 624. Exchange of lands
TITLE 25 -- INDIANS
(a) Authorization of Secretary; manner and place
For the purpose of improving the land tenure pattern and
consolidating Pueblo Indian lands, the Secretary of the Interior is
authorized, under such regulations as he may prescribe, to acquire by
exchange any lands or interests therein, including improvements and
water rights, within the Pueblo land consolidation areas, and to convey
in exchange therefor not to exceed an equal value of unappropriated
public lands within the State of New Mexico, or, with the consent of the
Pueblo authorities any Pueblo tribal lands or interest therein,
including improvements and water rights.
(b) Reservation of minerals, easements, or rights of use
Either party to an exchange under this section may reserve minerals,
easements, or rights of use.
(c) Execution of title documents
The Secretary may execute any title documents necessary to effect the
exchanges authorized by this section.
(d) Title to lands
Title to all lands acquired under the provisions of this section
shall be taken in the name of the United States in trust for the
respective Pueblo Indian tribes.
(Pub. L. 87-231, 10, Sept. 14, 1961, 75 Stat. 505.)
Section was not enacted as part of act Aug. 13, 1949, ch. 425, 63
Stat. 604, which comprises this subchapter.
25 USC SUBCHAPTER XXI -- NAVAJO AND HOPI TRIBES: REHABILITATION
TITLE 25 -- INDIANS
25 USC 631. Basic program for conservation and development of
resources; projects; appropriations
TITLE 25 -- INDIANS
In order to further the purposes of existing treaties with the Navajo
Indians, to provide facilities, employment, and services essential in
combating hunger, disease, poverty, and demoralization among the members
of the Navajo and Hopi Tribes, to make available the resources of their
reservations for use in promoting a self-supporting economy and
self-reliant communities, and to lay a stable foundation on which these
Indians can engage in diversified economic activities and ultimately
attain standards of living comparable with those enjoyed by other
citizens, the Secretary of the Interior is authorized and directed to
undertake, within the limits of the funds from time to time appropriated
pursuant to this subchapter, a program of basic improvements for the
conservation and development of the resources of the Navajo and Hopi
Indians, the more productive employment of their manpower, and the
supplying of means to be used in their rehabilitation, whether on or off
the Navajo and Hopi Indian Reservations. Such program shall include the
following projects for which capital expenditures in the amount shown
after each project listed in the following subsections and totaling
$108,570,000 are authorized to be appropriated:
(1) Soil and water conservation and range improvement work,
$10,000,000.
(2) Completion and extension of existing irrigation projects, and
completion of the investigation to determine the feasibility of the
proposed San Juan-Shiprock irrigation project, $9,000,000.
(3) Surveys and studies of timber, coal, mineral, and other physical
and human resources, $500,000.
(4) Development of industrial and business enterprises, $1,000,000.
(5) Development of opportunities for off-reservation employment and
resettlement and assistance in adjustments related thereto, $3,500,000.
(6) Relocation and resettlement of Navajo and Hopi Indians (Colorado
River Indian Reservation), $5,750,000.
(7) Roads and trails, $40,000,000; of which not less than
$20,000,000 shall be (A) available for contract authority for such
construction and improvement of the roads designated as route 1 and
route 3 on the Navajo and Hopi Indian Reservations as may be necessary
to bring the portion of such roads located in any State up to at least
the secondary road standards in effect in such State, and (B) in
addition to any amounts expended on such roads under the $20,000,000
authorization provided under this clause prior to amendment.
(8) Telephone and radio communications systems, $250,000.
(9) Agency, institutional, and domestic water supply, $2,500,000.
(10) Establishment of a revolving loan fund, $5,000,000.
(11) Hospital buildings and equipment, and other health conservation
measures, $4,750,000.
(12) School buildings and equipment, and other educational measures,
$25,000,000.
(13) Housing and necessary facilities and equipment, $820,000.
(14) Common service facilities, $500,000.
Funds so appropriated shall be available for administration,
investigations, plans, construction, and all other objects necessary for
or appropriate to the carrying out of the provisions of this subchapter.
Such further sums as may be necessary for or appropriate to the annual
operation and maintenance of the projects herein enumerated are also
authorized to be appropriated. Funds appropriated under these
authorizations shall be in addition to funds made available for use on
the Navajo and Hopi Reservations, or with respect to Indians of the
Navajo Tribes, out of appropriations heretofore or hereafter granted for
the benefit, care, or assistance of Indians in general, or made pursuant
to other authorizations now in effect.
(Apr. 19, 1950, ch. 92, 1, 64 Stat. 44; Aug. 23, 1958, Pub. L.
85-740, 72 Stat. 834.)
1958 -- Pub. L. 85-740 substituted $108,570,000 for $88,570,000 in
opening par., and, in cl. (7), increased from $20,000,000 to
$40,000,000 the amount authorized for roads and trails, of which not
less than $20,000,000 shall be available for contract authority to bring
routes 1 and 3 on the Navajo and Hopi Indian reservations up to
secondary road standards in the State.
Pub. L. 85-740 provided in part that the contract authority and
appropriations authorized by the amendment to clause (7) of this section
shall be in addition to sums apportioned to Indian reservations or to
the State of Arizona under the Federal Highway Act, as amended and
supplemented.
25 USC 632. Character and extent of administration; time limit;
reports on use of funds
TITLE 25 -- INDIANS
The foregoing program shall be administered in accordance with the
provisions of this subchapter and existing laws relating to Indian
affairs, shall include such facilities and services as are requisite for
or incidental to the effectuation of the projects herein enumerated,
shall apply sustained-yield principles to the administration of all
renewable resources, and shall be prosecuted in a manner which will
provide for completion of the program, so far as practicable, within ten
years from April 19, 1950. An account of the progress being had in the
rehabilitation of the Navajo and Hopi Indians, and of the use made of
the funds appropriated to that end under this subchapter, shall be
included in each annual report of the work of the Department of the
Interior submitted to the Congress during the period covered by the
foregoing program.
(Apr. 19, 1950, ch. 92, 2, 64 Stat. 45.)
25 USC 633. Preference in employment; on-the-job training
TITLE 25 -- INDIANS
Navajo and Hopi Indians shall be given, whenever practicable,
preference in employment on all projects undertaken pursuant to this
subchapter, and, in furtherance of this policy may be given employment
on such projects without regard to the provisions of the civil-service
and classification laws. To the fullest extent possible, Indian workers
on such projects shall receive on-the-job training in order to enable
them to become qualified for more skilled employment.
(Apr. 19, 1950, ch. 92, 3, 64 Stat. 45.)
The civil service laws, referred to in text, are set forth in Title
5, Government Organization and Employees. See, particularly, section
3301 et seq. of Title 5.
The classification laws, referred to in text, are classified
generally to chapter 51 ( 5101 et seq.) and subchapter III ( 5331 et
seq.) of chapter 53 of Title 5.
25 USC 634. Loans to Tribes or individual members; loan fund
TITLE 25 -- INDIANS
The Secretary of the Interior is authorized, under such regulations
as he may prescribe, to make loans from the loan fund authorized by
section 631 of this title to the Navajo Tribe, or any member or
association of members thereof, or to the Hopi Tribe, or any member of
association of members thereof, for such productive purposes as, in his
judgment, will tend to promote the better utilization of the manpower
and resources of the Navajo or Hopi Indians. Sums collected in
repayment of such loans and sums collected as interest or other charges
thereon shall be credited to the loan fund, and shall be available for
the purpose for which the fund was established.
(Apr. 19, 1950, ch. 92, 4, 64 Stat. 45.)
Certain funds to be administered as a single Indian Revolving Loan
Fund after Apr. 12, 1974, see section 1461 of this title.
25 USC 635. Disposition of lands
TITLE 25 -- INDIANS
(a) Lease of restricted lands; renewals
Any restricted Indian lands owned by the Navajo Tribe, members
thereof, or associations of such members, or by the Hopi Tribe, members
thereof, or associations of such members, may be leased by the Indian
owners, with the approval of the Secretary of the Interior, for public,
religious, educational, recreational, or business purposes, including
the development or utilization of natural resources in connection with
operations under such leases. All leases so granted shall be for a term
of not to exceed twenty-five years, but may include provisions
authorizing their renewal for an additional term of not to exceed
twenty-five years, and shall be made under such regulations as may be
prescribed by the Secretary. Restricted allotments of deceased Indians
may be leased under this section, for the benefit of their heirs or
devisees, in the circumstances and by the persons prescribed in section
380 of this title. Nothing contained in this section shall be construed
to repeal or affect any authority to lease restricted Indian lands
conferred by or pursuant to any other provision of law.
(b) Lease, sale, or other disposition of lands owned in fee simple by
Navajo Tribe
Notwithstanding any other provision of law, land owned in fee simple
by the Navajo Tribe may be leased, sold, or otherwise disposed of by the
sole authority of the Navajo Tribal Council, in any manner that similar
land in the State in which such land is situated may be leased, sold, or
otherwise disposed of by private landowners, and such disposition shall
create no liability on the part of the United States.
(c) Transfer of unallotted lands to tribally owned or municipal
corporations
The Secretary of the Interior is authorized to transfer, upon request
of the Navajo Tribal Council, to any corporation owned by the tribe and
organized pursuant to State law, or to any municipal corporation
organized under State law, legal title to or a leasehold interest in any
unallotted lands held for the Navajo Indian Tribe, and thereafter the
United States shall have no responsibility or liability for, but on
request of the tribe shall render advice and assistance in, the
management, use, or disposition of such lands.
(Apr. 19, 1950, ch. 92, 5, 64 Stat. 46; June 11, 1960, Pub. L.
86-505, 1, 74 Stat. 199.)
1960 -- Pub. L. 86-505 designated existing provisions as subsec.
(a) and added subsecs. (b) and (c).
25 USC 636. Adoption of constitution by Navajo Tribe; method;
contents
TITLE 25 -- INDIANS
In order to facilitate the fullest possible participation by the
Navajo Tribe in the program authorized by this subchapter, the members
of the tribe shall have the right to adopt a tribal constitution in the
manner herein prescribed. Such constitution may provide for the
exercise by the Navajo Tribe of any powers vested in the tribe or any
organ thereof by existing law, together with such additional powers as
the members of the tribe may, with the approval of the Secretary of the
Interior, deem proper to include therein. Such constitution shall be
formulated by the Navajo Tribal Council at any regular meeting,
distributed in printed form to the Navajo people for consideration, and
adopted by secret ballot of the adult members of the Navajo Tribe in an
election held under such regulations as the Secretary may prescribe, at
which a majority of the qualified votes cast favor such adoption. The
constitution shall authorize the fullest possible participation of the
Navajos in the administration of their affairs as approved by the
Secretary of the Interior and shall become effective when approved by
the Secretary. The constitution may be amended from time to time in the
same manner as herein provided for its adoption, and the Secretary of
the Interior shall approve any amendment which in the opinion of the
Secretary of the Interior advances the development of the Navajo people
toward the fullest realization and exercise of the rights, privileges,
duties, and responsibilities of American citizenship.
(Apr. 19, 1950. ch. 92, 6, 64 Stat. 46.)
25 USC 637. Use of Navajo tribal funds
TITLE 25 -- INDIANS
Notwithstanding any other provision of existing law, the tribal funds
now on deposit or hereafter placed to the credit of the Navajo Tribe of
Indians in the United States Treasury shall be available for such
purposes as may be designated by the Navajo Tribal Council and approved
by the Secretary of the Interior.
(Apr. 19, 1950, ch. 92, 7, 64 Stat. 46.)
25 USC 638. Participation by Tribal Councils; recommendations
TITLE 25 -- INDIANS
The Tribal Councils of the Navajo and Hopi Tribes and the Indian
communities affected shall be kept informed and afforded opportunity to
consider from their inception plans pertaining to the program authorized
by this subchapter. In the administration of the program, the Secretary
of the Interior shall consider the recommendations of the tribal
councils and shall follow such recommendations whenever he deems them
feasible and consistent with the objectives of this subchapter.
(Apr. 19, 1950, ch. 92, 8, 64 Stat. 46.)
25 USC 639. Additional Social Security contributions to States
TITLE 25 -- INDIANS
Beginning with the quarter commencing July 1, 1950, the Secretary of
the Treasury shall pay quarterly to each State (from sums made available
for making payments to the States under section 403(a) of the Social
Security Act (42 U.S.C. 603(a))) an amount, in addition to the amount
prescribed to be paid to such State under such section, equal to 80 per
centum of the total amount of contributions by the State toward
expenditures during the preceding quarter by the State, under the State
plan approved under the Social Security Act (42 U.S.C. 301 et seq.) for
aid to dependent children to Navajo and Hopi Indians residing within the
boundaries of the State on reservations or on allotted or trust lands,
with respect to whom payments are made to the State by the United States
under section 403(a) of the Social Security Act, not counting so much of
such expenditure to any individual for any month as exceeds the
limitations prescribed in such section.
(Apr. 19, 1950, ch. 92, 9, 64 Stat. 47; Oct. 30, 1972, Pub. L.
92-603, title III, 303(c), 86 Stat. 1484; Dec. 31, 1973, Pub. L.
93-233, 19(a), 87 Stat. 974.)
The Social Security Act, referred to in text, is act Aug. 14, 1935,
ch. 531, 49 Stat. 620, as amended, which is classified generally to
chapter 7 ( 301 et seq.) of Title 42, The Public Health and Welfare.
For complete classification of this Act to the Code, see section 1305 of
Title 42 and Tables.
1973 -- Pub. L. 92-603, as amended by Pub. L. 93-233, struck out
provision for repeal of section effective Jan. 1, 1974, and in text
struck out references to payments to States under sections 303(a) and
1203(a) of title 42 and provision for contributions by State under State
plans for old age assistance and aid to needy blind.
1972 -- Pub. L. 92-603 repealed provisions for additional social
security contributions to States for old age assistance, aid to
dependent children, and aid to needy blind, to Navajo and Hopi Indians
residing within boundaries of State on reservations or on allotted or
trust lands, effective Jan. 1, 1974.
25 USC 640. Repealed. Pub. L. 93-531, 26, Dec. 22, 1974, 88 Stat.
1723
TITLE 25 -- INDIANS
Section, act Apr. 19, 1950, ch. 92, 10, 64 Stat. 47, established
Joint Committee on Navajo-Hopi Indian Administration, with function of
making a continuous study of programs for administration and
rehabilitation of Navajo and Hopi Indians.
Section 26 of Pub. L. 93-531 provided that the repeal is effective
as of the close of business December 31, 1974.
25 USC 640a. Navajo Community College; purpose
TITLE 25 -- INDIANS
It is the purpose of sections 640a to 640c-3 of this title to assist
the Navajo Tribe of Indians in providing education to the members of the
tribe and other qualified applicants through a community college,
established by that tribe, known as the Navajo Community College.
(Pub. L. 92-189, 2, Dec. 15, 1971, 85 Stat. 646.)
Section was not enacted as part of act Apr. 19, 1950, ch. 92, 64
Stat. 44, which comprises this subchapter.
Pub. L. 95-471, title II, 201, 92 Stat. 1329, provided that:
''This title (enacting section 640c-1 of this title, amending section
640c of this title and enacting provisions set out as notes under this
section and section 640c-1 of this title may be cited as the 'Navajo
Community College Assistance Act of 1978'.''
Section 1 of Pub. L. 92-189 provided: ''That this Act (sections
640a to 640c-3 of this title) may be cited as the 'Navajo Community
College Act'.''
Pub. L. 95-471, title II, 202, 92 Stat. 1329, provided that: ''The
Congress after careful study and deliberation, finds that --
''(1) the Navajo Tribe constitutes the largest American Indian tribe
in the United States;
''(2) the Navajo Tribe has, through its duly constituted tribal
council and representatives, established a community college within the
boundaries of the reservation;
''(3) the population of the Navajo Tribe and the best area of the
Navajo reservation requires that the Navajo Community College expand to
better serve the needs of such population; and
''(4) the Congress has already recognized the need for this
institution by the passage of the Navajo Community College Act (sections
640a to 640c-3 of this title).''
sections 1078, 1085, 2471, 3489.
25 USC 640b. Grants
TITLE 25 -- INDIANS
The Secretary of /1/ Interior is authorized to make grants to the
Navajo Tribe of Indians to assist the tribe in the construction,
maintenance, and operation of the Navajo Community College. Such
college shall be designed and operated by the Navajo Tribe to insure
that the Navajo Indians and other qualified applicants have educational
opportunities which are suited to their unique needs and interests.
(Pub. L. 92-189, 3, Dec. 15, 1971, 85 Stat. 646.)
Section was not enacted as part of act Apr. 19, 1950, ch. 92, 64
Stat. 44, which comprises this subchapter.
/1/ So in original. Probably should be ''of the''.
25 USC 640c. Study of facilities needs
TITLE 25 -- INDIANS
(a) Contents; report to Congress
The Secretary shall conduct a detailed survey and study of the
academic facilities needs of the Navajo Community College, and shall
report to the Congress not later than August 1, 1979, the results of
such survey and study. Such report shall include any recommendations or
views submitted by the governing body of such College and by the
governing body of the Navajo tribe, and shall include detailed
recommendations by the Secretary as to the number, type, and cost of
academic facilities which are required, ranking each such required
facility by relative need.
(b) Funding
Funds to carry out the purposes of this section may be drawn from
general administrative appropriations to the Secretary made after
October 17, 1978.
(c) Inventory
No later than March 1991, an inventory prepared by the Navajo
Community College identifying repairs, alterations, and renovations to
facilities required to meet health and safety standards shall be
submitted to the Secretary and appropriate committees of Congress.
Within 60 days following the receipt of such inventory, the Secretary
shall review the inventory, evaluating the needs identified, and
transmit the written comments of the Department of the Interior to the
appropriate committees of Congress, together with the Department's
evaluation prepared by the health and safety division of the Bureau of
Indian Affairs.
(Pub. L. 92-189, 4, Dec. 15, 1971, 85 Stat. 646; Pub. L. 95-471,
title II, 203(a), Oct. 17, 1978, 92 Stat. 1330; Pub. L. 101-477,
2(b), Oct. 30, 1990, 104 Stat. 1153.)
Section was not enacted as part of act Apr. 19, 1950, ch. 92, 64
Stat. 44, which comprises this subchapter.
1990 -- Subsec. (c). Pub. L. 101-477 added subsec. (c).
1978 -- Pub. L. 95-471 substituted provisions relating to a detailed
survey, study, and report and funding for this section for provisions
authorizing appropriations for grants under sections 640a to 640c of
this title.
The definitions in section 1801 of this title apply to this section.
25 USC 640c-1. Authorization of appropriations
TITLE 25 -- INDIANS
(a) Construction grants
(1) For the purpose of making construction grants under sections 640a
to 640c-3 of this title, there are authorized to be appropriated
$2,000,000 for fiscal year 1993 and such sums as may be necessary for
each of the 4 succeeding fiscal years.
(2) Sums appropriated pursuant to this subsection for construction
shall, unless otherwise provided in appropriations Acts, remain
available until expended.
(b) Navajo Community College grants
(1) There are authorized to be appropriated for grants to the Navajo
Community College, for each fiscal year, an amount necessary to pay
expenses incurred for --
(A) the maintenance and operation of the college, including --
(i) basic, special, developmental, vocational, technical, and special
handicapped education costs,
(ii) annual capital expenditures, including equipment needs, minor
capital improvements and remodeling projects, physical plant maintenance
and operation costs, and exceptions and supplemental need account, and
(iii) summer and special interest programs,
(B) major capital improvements, including internal capital outlay
funds and capital improvement projects,
(C) mandatory payments, including payments due on bonds, loans,
notes, or lease purchases, and
(D) supplemental student services, including student housing, food
service, and the provision of access to books and services.
(2) The Secretary shall make payments, pursuant to grants under this
subsection, in advance installments of not less than 40 per centum of
the funds available for allotment, based on anticipated or actual
numbers of full-time equivalent Indian students or such other factors as
determined by the Secretary. Adjustments for overpayments and
underpayments shall be applied to the remainder of such funds and such
remainder shall be delivered no later than July 1 of each year.
(c) Funding requirements
The Secretary of the Interior is authorized and directed to establish
by rule procedures to insure that all funds appropriated under sections
640a to 640c-3 of this title are properly identified for grants to the
Navajo Community College and that such funds are not commingled with
appropriations historically expended by the Bureau of Indian Affairs for
programs and projects normally provided on the Navajo Reservation for
Navajo beneficiaries.
(Pub. L. 92-189, 5, as added Pub. L. 95-471, title II, 203(a), Oct.
17, 1978, 92 Stat. 1330; amended Pub. L. 96-374, title XIII, 1351(a),
(b), Oct. 3, 1980, 94 Stat. 1501; Pub. L. 98-192, 14, Dec. 1, 1983,
97 Stat. 1343; Pub. L. 99-428, 7, Sept. 30, 1986, 100 Stat. 983;
Pub. L. 100-297, title V, 5401, Apr. 28, 1988, 102 Stat. 414; Pub. L.
101-477, 2(a), Oct. 30, 1990, 104 Stat. 1153; Pub. L. 102-325, title
XIII, 1301(d), July 23, 1992, 106 Stat. 797.)
Section was not enacted as part of act Apr. 19, 1950, ch. 92, 64
Stat. 44, which comprises this subchapter.
1992 -- Subsec. (a)(1). Pub. L. 102-325 amended par. (1) generally.
Prior to amendment, par. (1) read as follows: ''For the purpose of
making construction grants under sections 640a to 640c-3 of this title,
there are hereby authorized to be appropriated such sums as may be
necessary for each of the fiscal years 1990, 1991, and 1992.''
1990 -- Subsec. (a)(1). Pub. L. 101-477 substituted ''1990, 1991,
and 1992'' for ''1987, 1988, 1989, and 1990''.
1988 -- Subsec. (b)(1). Pub. L. 100-297 amended par. (1) generally.
Prior to amendment, par. (1) read as follows: ''There is further
authorized to be appropriated for grants to the Navajo Community
College, for each fiscal year beginning on or after October 1, 1979, an
amount equal to the amount necessary for operation and maintenance of
the college, including, but not limited to, administrative, academic,
and operations and maintenance costs.''
1986 -- Subsec. (a)(1). Pub. L. 99-428, 7(1), substituted ''each of
the fiscal years 1987, 1988, 1989, and 1990'' for ''the fiscal year
beginning October 1, 1984, and for the three succeeding fiscal years''.
Subsec. (b)(1). Pub. L. 99-428, 7(2), substituted ''for each fiscal
year'' for ''for any fiscal year''.
1983 -- Subsec. (a)(1). Pub. L. 98-192 substituted ''October 1,
1984'' for ''October 1, 1979''.
1980 -- Subsec. (a)(1). Pub. L. 96-374, 1351(a), substituted
''three succeeding fiscal years'' for ''two succeeding fiscal years''.
Subsec. (b)(1). Pub. L. 96-374, 1351(b), added par. (1). Former
par. (1), which authorized an appropriation for the Navajo Community
College of $4,000 for each full-time equivalent student which the
Secretary estimated would be in attendance during the year, was struck
out.
Subsec. (b)(2), (3). Pub. L. 96-374, 1351(b), redesignated par.
(3) as (2). Former par. (2), which placed an upper limit on grants
under this subsection, was struck out.
Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section 2
of Pub. L. 102-325, set out as a note under section 1001 of Title 20,
Education.
For effective date and applicability of amendment by Pub. L.
100-297, see section 6303 of Pub. L. 100-297, set out as an Effective
Date note under section 2701 of Title 20, Education.
Amendment by Pub. L. 96-374 effective Oct. 1, 1980, see section
1393(a) of Pub. L. 96-374, set out as a note under section 1001 of
Title 20, Education.
Section 203(b) of Pub. L. 95-471 provided that nothing in title II
of Pub. L. 95-471, the Navajo Community College Assistance Act of 1978,
shall be deemed to authorize appropriations for the fiscal year
beginning Oct. 1, 1978.
The definitions in section 1801 of this title apply to this section.
sections 1078, 1085, 2471, 3489.
25 USC 640c-2. Effect on other laws
TITLE 25 -- INDIANS
(a) Except as specifically provided by law, eligibility for
assistance under sections 640a to 640c-3 of this title shall not, by
itself, preclude the eligibility of the Navajo Community College to
receive Federal financial assistance under any program authorized under
the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) or any other
applicable program for the benefit of institutions of higher education,
community colleges, or postsecondary educational institutions.
(b) Notwithstanding any other provision of law, funds provided under
sections 640a to 640c-3 of this title to the Navajo Community College
may be treated as non-Federal, private funds of the College for purposes
of any provision of Federal law which requires that non-Federal or
private funds of the college be used in a project or for a specific
purpose.
(Pub. L. 92-189, 6, as added Pub. L. 96-374, title XIII, 1351(c),
Oct. 3, 1980, 94 Stat. 1501; amended Pub. L. 100-297, title V,
5403(b), Apr. 28, 1988, 102 Stat. 416.)
The Higher Education Act of 1965, referred to in subsec. (a), is
Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended, which is
classified principally to chapter 28 ( 1001 et seq.) of Title 20,
Education. For complete classification of this Act to the Code, see
Short Title note set out under section 1001 of Title 20 and Tables.
Section was not enacted as part of act Apr. 19, 1950, ch. 92, 64
Stat. 44, which comprises this subchapter.
1988 -- Pub. L. 100-297 designated existing provisions as subsec.
(a) and added subsec. (b).
For effective date and applicability of amendment by Pub. L.
100-297, see section 6303 of Pub. L. 100-297, set out as an Effective
Date note under section 2701 of Title 20, Education.
Section effective Oct. 1, 1980, see section 1393(a) of Pub. L.
96-374, set out as an Effective Date of 1980 Amendment note under
section 1001 of Title 20, Education.
sections 1078, 1085, 2471, 3489.
25 USC 640c-3. Payments; interest
TITLE 25 -- INDIANS
(a) Notwithstanding any other provision of law, the Secretary of the
Interior shall not, in disbursing funds provided under sections 640a to
640c-3 of this title, use any method of payment which was not used
during fiscal year 1987 in the disbursement of funds provided under
sections 640a to 640c-3 of this title.
(b)(1)(A) Notwithstanding any provision of law other than
subparagraph (B), any interest or investment income that accrues on any
funds provided under sections 640a to 640c-3 of this title after such
funds are paid to the Navajo Community College and before such funds are
expended for the purpose for which such funds were provided under
sections 640a to 640c-3 of this title shall be the property of the
Navajo Community College and shall not be taken into account by any
officer or employee of the Federal Government in determining whether to
provide assistance, or the amount of assistance, to the Navajo Community
College under any provision of Federal law.
(B) All interest or investment income described in subparagraph (A)
shall be expended by the Navajo Community College by no later than the
close of the fiscal year succeeding the fiscal year in which such
interest or investment income accrues.
(2) Funds provided under sections 640a to 640c-3 of this title may
only be invested by the Navajo Community College in obligations of the
United States or in obligations or securities that are guaranteed or
insured by the United States.
(Pub. L. 92-189, 7, as added Pub. L. 100-297, title V, 5402(b),
Apr. 28, 1988, 102 Stat. 415.)
Section was not enacted as part of act Apr. 19, 1950, ch. 92, 64
Stat. 44, which comprises this subchapter.
For effective date and applicability of section, see section 6303 of
Pub. L. 100-297, set out as a note under section 2701 of Title 20,
Education.
sections 1078, 1085, 2471, 3489.
25 USC SUBCHAPTER XXII -- NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS
AND INTERESTS
TITLE 25 -- INDIANS
25 USC 640d. Mediator
TITLE 25 -- INDIANS
(a) Appointment; duties; qualifications; termination of duties
Within thirty days after December 22, 1974, the Director of the
Federal Mediation and Conciliation Service shall appoint a Mediator
(hereinafter referred to as the ''Mediator'') who shall assist in the
negotiations for the settlement and partition of the relative rights and
interests, as determined by the decision in the case of Healing v.
Jones (210 F. Supp. 125, D. Ariz., 1962, aff'd 363 U.S. 758, 1963)
(hereinafter referred to as the ''Healing case''), of the Hopi and
Navajo Tribes (hereinafter referred to as the ''tribes'') to and in
lands within the reservation established by the Executive order of
December 16, 1882, except land management district no. 6 (such lands
hereinafter referred to as the ''joint use area''). The Mediator shall
not have any interest, direct or indirect, in the settlement of the
interests and rights set out in this subsection. The duties of the
Mediator shall cease upon the entering of a full agreement into the
records of the supplemental proceedings pursuant to section 640d-2 of
this title or the submission of a report to the District Court after a
default in negotiations or a partial agreement pursuant to section
640d-3 of this title.
(b) Nature of proceedings
The proceedings in which the Mediator shall be acting under the
provisions of this subchapter shall be the supplemental proceedings in
the Healing case now pending in the United States District Court for the
District of Arizona (hereinafter referred to as ''the District Court'').
(c) Interagency committee
(1) The Mediator is authorized to request from any department,
agency, or independent instrumentality of the Federal Government any
information, personnel, service, or materials he deems necessary to
carry out his responsibilities under the provisions of this subchapter.
Each such department, agency, or instrumentality is authorized to
cooperate with the Mediator and to comply with such requests to the
extent permitted by law, on a reimbursable or nonreimbursable basis.
(2) To facilitate the expeditious and orderly compilation and
development of factual information relevant to the negotiating process,
the President shall, within fifteen days of December 22, 1974, establish
an interagency committee chaired by the Secretary of the Interior
(hereinafter referred to as the ''Secretary'') to develop relevant
information and to respond to the requests of the Mediator.
(d) Liaison with Secretary
The Secretary shall appoint a full-time representative as his liaison
with the Mediator to facilitate the provision of information and
assistance requested by the Mediator from the Department of the
Interior.
(e) Staff assistants and consultants
The Mediator may retain the services of such staff assistants and
consultants as he shall deem necessary, subject to the approval of the
Director of the Federal Mediation and Conciliation Service.
(Pub. L. 93-531, 1, Dec. 22, 1974, 88 Stat. 1712.)
Pub. L. 102-180, 1, Dec. 2, 1991, 105 Stat. 1230, provided that:
''This Act (amending sections 640d-11 and 640d-24 of this title and
section 5315 of Title 5, Government Organization and Employees, and
enacting provisions set out as notes under section 640d-11 of this
title) may be cited as the 'Navajo-Hopi Relocation Housing Program
Reauthorization Act of 1991'.''
Pub. L. 100-666, 1, Nov. 16, 1988, 102 Stat. 3929, provided that:
''This Act (enacting sections 640d-29 and 640d-30 of this title,
amending sections 640d-7, 640d-9 to 640d-14, 640d-22, 640d-24, 640d-25,
and 640d-28 of this title, and enacting provisions set out as a note
under section 640d-11 of this title) may be cited as the 'Navajo and
Hopi Indian Relocation Amendments of 1988'.''
Pub. L. 96-305, 1, July 8, 1980, 94 Stat. 929, provided: ''That
this Act (enacting sections 640d-25 to 640d-28 of this title and
amending sections 640d-4, 640d-7, 640d-9 to 640d-12, 640d-14, 640d-18,
640d-22, and 640d-24 of this title) may be cited as the 'Navajo and Hopi
Indian Relocation Amendments Act of 1980'.''
Ex. Ord. No. 11829, Jan. 6, 1975, 40 F.R. 1497, as amended by Ex.
Ord. No. 11853, Apr. 17, 1975, 40 F.R. 17537, which established the
Hopi-Navajo Land Settlement Interagency Committee and provided for its
membership, functions, etc., was revoked by Ex. Ord. No. 12379, 11,
Aug. 17, 1982, 47 F.R. 36099, set out as a note under section 14 of the
Federal Advisory Committee Act in the Appendix to Title 5, Government
Organization and Employees.
25 USC 640d-1. Negotiating teams
TITLE 25 -- INDIANS
(a) Appointment; time; membership and certification; nature of
authority
Within thirty days after December 22, 1974, the Secretary shall
communicate in writing with the tribal councils of the tribes directing
the appointment of a negotiating team representing each tribe. Each
negotiating team shall be composed of not more than five members to be
certified by appropriate resolution of the respective tribal council.
Each tribal council shall promptly fill any vacancies which may occur on
its negotiating team. Notwithstanding any other provision of law, each
negotiating team, when appointed and certified, shall have full
authority to bind its tribe with respect to any other matter concerning
the joint use area within the scope of this subchapter.
(b) Failure to select and certify
In the event either or both of the tribal councils fail to select and
certify a negotiating team within thirty days after the Secretary
communicates with the tribal council under subsection (a) of this
section or to select and certify a replacement member within thirty days
of the occurrence of a vacancy, the provisions of section 640d-3(a) /1/
of this title shall become effective.
(c) First negotiating session; time and place; chairman;
suggestions for procedure, agenda, and resolution of issues in
controversy
Within fifteen days after formal certification of both negotiating
teams to the Mediator, the Mediator shall schedule the first negotiating
session at such time and place as he deems appropriate. The negotiating
sessions, which shall be chaired by the Mediator, shall be held at such
times and places as the Mediator deems appropriate. At such sessions,
the Mediator may, if he deems it appropriate, put forward his own
suggestions for procedure, the agenda, and the resolution of the issues
in controversy.
(d) Failure to attend two consecutive sessions or bargain in good
faith
In the event either negotiating team fails to attend two consecutive
sessions or, in the opinion of the Mediator, either negotiating team
fails to bargain in good faith or an impasse is reached, the provisions
of section 640d-3(a) /1/ of this title shall become effective.
(e) Disagreements within team
In the event of a disagreement within a negotiating team the majority
of the members of the team shall prevail and act on behalf of the team
unless the resolution of the tribal council certifying the team
specifically provides otherwise.
(Pub. L. 93-531, 2, Dec. 22, 1974, 88 Stat. 1712.)
Section 640d-3 of this title, referred to in subsecs. (b) and (d),
was amended by Pub. L. 98-620, title IV, 402(27), Nov. 8, 1984, 98
Stat. 3359, by striking out subsec. (b) and redesignating subsec. (a)
as the entire section.
/1/ See References in Text note below.
25 USC 640d-2. Implementation of agreements
TITLE 25 -- INDIANS
(a) Full agreement
If, within one hundred and eighty days after the first session
scheduled by the Mediator under section 640d-1(c) of this title, full
agreement is reached, such agreement shall be put in such form as the
Mediator determines best expresses the intent of the tribes and shall
then be submitted to the Secretary and the Attorney General of the
United States for their comments as they relate to the interest of the
United States in the proceedings. These comments are to be submitted to
the Mediator and the negotiating teams within thirty days. The
negotiating teams and the Mediator shall then consider the comments and,
if agreement can still be reached on terms acceptable to the negotiating
teams and the Mediator within sixty days of receipt by him of the
comments, the agreement shall be put in final written form and shall be
signed by the members of the negotiating teams and the Mediator. The
Mediator shall then cause the agreement to be entered into the records
of the supplemental proceedings in the Healing case. The provisions of
the agreement shall be reviewed by the District Court, modified where
necessary, and put into effect immediately thereafter.
(b) Partial agreement
If, within the one hundred and eighty day period referred to in
subsection (a) of this section, a partial agreement has been reached
between the tribes and they wish such partial agreement to go into
effect, they shall follow the procedure set forth in subsection (a) of
this section. The partial agreement shall then be considered by the
Mediator in preparing his report, and the District Court in making a
final adjudication, pursuant to section 640d-3 of this title.
(c) Consistency with existing law
For the purpose of this section, the negotiating teams may make any
provision in the agreement or partial agreement not inconsistent with
existing law. No such agreement or any provision in it shall result in
a taking by the United States of private property compensable under the
Fifth Amendment of the Constitution of the United States.
(Pub. L. 93-531, 3, Dec. 22, 1974, 88 Stat. 1713.)
25 USC 640d-3. Default or failure to reach agreement; recommendations
to District Court; final adjudication
TITLE 25 -- INDIANS
If the negotiating teams fail to reach full agreement within the time
period allowed in section 640d-2(a) of this title or if one or both of
the tribes are in default under the provisions of section 640d-1(b) or
(d) of this title, the Mediator, within ninety days thereafter, shall
prepare and submit to the District Court a report containing his
recommendations for the settlement of the interests and rights set out
in section 640d(a) of this title which shall be most reasonable and
equitable in light of the law and circumstances and consistent with the
provisions of this subchapter. Following the District Court's review of
the report and recommendations (which are not binding thereon) and any
further proceedings which the District Court may schedule, the District
Court is authorized to make a final adjudication, including partition of
the joint use area, and enter the judgments in the supplemental
proceedings in the Healing case.
(Pub. L. 93-531, 4, Dec. 22, 1974, 88 Stat. 1713; Pub. L. 98-620,
title IV, 402(27), Nov. 8, 1984, 98 Stat. 3359.)
1984 -- Pub. L. 98-620 struck out designation ''(a)'' before ''If
the negotiating'', and struck out subsec. (b) which provided that any
proceedings as authorized in this section had to be assigned for hearing
at the earliest possible date, would take precedence over all other
matters pending on the docket of the District Court at that time, and
had to be expedited in every way by the Court.
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective
Date note under section 1657 of Title 28, Judiciary and Judicial
Procedure.
25 USC 640d-4. Authorized recommendations for facilitation of
agreement or report to District Court; discretionary nature of
recommendations
TITLE 25 -- INDIANS
(a) For the purpose of facilitating an agreement pursuant to section
640d-2 of this title or preparing a report pursuant to section 640d-3 of
this title, the Mediator is authorized --
(1) notwithstanding the provisions of section 211 of this title, to
recommend that, subject to the consent of the Secretary, there be
purchased or otherwise acquired additional lands for the benefit of
either tribe from the funds of either tribe or funds under any other
authority of law;
(2) to recommend that, subject to the consent of the Secretary, there
be undertaken a program of restoration of lands lying within the joint
use area, employing for such purpose funds authorized by this
subchapter, funds of either tribe, or funds under any other authority of
law;
(3) to recommend that, subject to the consent of the Secretary, there
be undertaken a program for relocation of members of one tribe from
lands which may be partitioned to the other tribe in the joint use area;
(4) Repealed. Pub. L. 93-531, 30(a), as added Pub. L. 96-305, 11,
July 8, 1980, 94 Stat. 934.
(5) to make any other recommendations as are in conformity with this
subchapter and the Healing case to facilitate a settlement.
(b) The authorizations contained in subsection (a) of this section
shall be discretionary and shall not be construed to represent any
directive of the Congress.
(Pub. L. 93-531, 5, Dec. 22, 1974, 88 Stat. 1714; Pub. L. 93-531,
30(a), as added Pub. L. 96-305, 11, July 8, 1980, 94 Stat. 934.)
1980 -- Subsec. (a)(4). Pub. L. 96-305 struck out par. (4) which
authorized the Mediator to recommend, in exceptional cases where
necessary to prevent hardship, a limited tenure for residential use, not
exceeding a life estate, and a phased relocation of members of one tribe
from lands which may be partitioned to the other tribe in the joint use
area.
25 USC 640d-5. Considerations and guidelines for preparation of report
by Mediator and final adjudication by District Court
TITLE 25 -- INDIANS
The Mediator in preparing his report, and the District Court in
making the final adjudication, pursuant to section 640d-3 of this title,
shall consider and be guided by the decision of the Healing case, under
which the tribes have joint, undivided, and equal interests in and to
all of the joint use area; by any partial agreement reached by the
parties under section 640d-2(b) of this title; by the last best offer
for a complete settlement as a part of the negotiating process by each
of the tribes; and by the following:
(a) The rights and interests, as defined in the Healing case, of the
Hopi Tribe in and to that portion of the reservation established by the
Executive order of December 16, 1882, which is known as land management
district no. 6 (hereinafter referred to as the ''Hopi Reservation'')
shall not be reduced or limited in any manner.
(b) The boundary lines resulting from any partitioning of lands in
the joint use area shall be established so as to include the higher
density population areas of each tribe within the portion of the lands
partitioned to such tribe to minimize and avoid undue social, economic,
and cultural disruption insofar as practicable.
(c) In any division of the surface rights to the joint use area,
reasonable provision shall be made for the use of and right of access to
identified religious shrines for the members of each tribe on the
reservation of the other tribe where such use and access are for
religious purposes.
(d) In any partition of the surface rights to the joint use area, the
lands shall, insofar as is practicable, be equal in acreage and quality:
Provided, That if such partition results in a lesser amount of acreage,
or value, or both to one tribe such differential shall be fully and
finally compensable to such tribe by the other tribe. The value of the
land for the purposes of this subsection shall be based on not less than
its value with improvements and its grazing capacity fully restored:
Provided further, That, in the determination of compensation for any
such differential, the Federal Government shall pay any difference
between the value of the particular land involved in its existing state
and the value of such land in a fully restored state which results from
damage to the land which the District Court finds attributable to a
failure of the Federal Government to provide protection where such
protection is or was required by law or by the demands of the trust
relationship.
(e) Any lands partitioned to each tribe in the joint use area shall,
where feasible and consistent with the other provisions of this section,
be contiguous to the reservation of each such tribe.
(f) Any boundary line between lands partitioned to the two tribes in
the joint use area shall, insofar as is practicable, follow terrain
which will facilitate fencing or avoid the need for fencing.
(g) Any claim the Hopi Tribe may have against the Navajo Tribe for an
accounting of all sums collected by the Navajo Tribe since September 17,
1957, as trader license fees or commissions, lease rental, or proceeds,
or other similar charges for doing business or for damages in the use of
lands within the joint use area, shall be for a one-half share in such
sums.
(h) Any claim the Hopi Tribe may have against the Navajo Tribe for
the determination and recovery of the fair value of the grazing and
agricultural use of the lands within the joint use area by the Navajo
Tribe and its individual members, since September 28, 1962, shall be for
one-half of such value.
(Pub. L. 93-531, 6, Dec. 22, 1974, 88 Stat. 1714.)
25 USC 640d-6. Joint ownership and management of coal, oil, gas and
other minerals within or underlying partitioned lands; division of
proceeds
TITLE 25 -- INDIANS
Partition of the surface of the lands of the joint use area shall not
affect the joint ownership status of the coal, oil, gas, and all other
minerals within or underlying such lands. All such coal, oil, gas, and
other minerals within or underlying such lands shall be managed jointly
by the two tribes, subject to supervision and approval by the Secretary
as otherwise required by law, and the proceeds therefrom shall be
divided between the tribes, share and share alike.
(Pub. L. 93-531, 7, Dec. 22, 1974, 88 Stat. 1715.)
25 USC 640d-7. Determination of tribal rights and interests in land
TITLE 25 -- INDIANS
(a) Authorization to commence and defend actions in District Court
Either tribe, acting through the chairman of its tribal council for
and on behalf of the tribe, is each hereby authorized to commence or
defend in the District Court an action against the other tribe and any
other tribe of Indians claiming any interest in or to the area described
in the Act of June 14, 1934, except the reservation established by the
Executive Order of December 16, 1882, for the purpose of determining the
rights and interests of the tribes in and to such lands and quieting
title thereto in the tribes.
(b) Allocation of land to respective reservations upon determination
of interests
Lands, if any, in which the Navajo Tribe or Navajo individuals are
determined by the District Court to have the exclusive interest shall
continue to be a part of the Navajo Reservation. Lands, if any, in
which the Hopi Tribe, including any Hopi village or clan thereof, or
Hopi individuals are determined by the District Court to have the
exclusive interest shall thereafter be a reservation for the Hopi Tribe.
Any lands in which the Navajo and Hopi Tribes or Navajo or Hopi
individuals are determined to have a joint or undivided interest shall
be partitioned by the District Court on the basis of fairness and equity
and the area so partitioned shall be retained in the Navajo Reservation
or added to the Hopi Reservation, respectively.
(c) Actions for accounting, fair value of grazing, and claims for
damages to land; determination of recovery; defenses
(1) Either as a part of or in a proceeding supplementary to the
action authorized in subsection (a) of this section, either tribe,
through the chairman of its tribal council for and on behalf of the
tribe, including all villages, clans, and individual members thereof,
may prosecute or defend an action for the types of relief, including
interest, specified in section 640d-17 of this title, including all
subsections thereof, against the other tribe, through its tribal
chairman in a like representative capacity, and against the United
States as to the types of recovery specified in subsection (a)(3) of
section 640d-17 of this title and subject to the same provisions as
contained in said subsection, such action to apply to the lands in issue
in the reservation established by the Act of June 14, 1934 (48 Stat.
960).
(2) In the event the Hopi Tribe or Navajo Tribe is determined to have
any interest in the lands in issue, the right of either tribe to recover
hereunder shall be based upon that percentage of the total sums
collected, use made, waste committed, and other amounts of recovery,
which is equal to the percentage of lands in issue in which either tribe
is determined to have such interest.
(3) Neither laches nor the statute of limitations shall constitute a
defense to such proceedings if they are either prosecuted as a part of
the action authorized by this section or in a proceeding supplemental
thereto, if instituted not later than twenty-four months following a
final order of partition and exhaustion of appeals in an action filed
pursuant to this section.
(d) Denial of Congressional interest in merits of conflicting claims;
liability of United States
Nothing in this section shall be deemed to be a Congressional
determination of the merits of the conflicting claims to the lands that
are subject to adjudication pursuant to this section, or to affect the
liability of the United States, if any, under litigation now pending
before the Indian Claims Commission.
(e) Payment of legal fees, court costs and other expenses
The Secretary of the Interior is authorized to pay any or all
appropriate legal fees, court costs, and other related expenses arising
out of, or in connection with, the commencing of, or defending against,
any action brought by the Navajo, San Juan Southern Paiute or Hopi Tribe
under this section.
(f) Provision of attorney fees for San Juan Southern Paiute Tribe
(1) Any funds made available for the San Juan Southern Paiute Tribe
to pay for attorney's fees shall be paid directly to the tribe's
attorneys of record until such tribe is acknowledged as an Indian tribe
by the United States: Provided, That the tribe's eligibility for such
payments shall cease once a decision by the Secretary of the Interior
declining to acknowledge such tribe becomes final and no longer
appealable.
(2) Nothing in this subsection shall be interpreted as a
congressional acknowledgement of the San Juan Southern Paiute as an
Indian tribe or as affecting in any way the San Juan Southern Paiute
Tribe's Petition for Recognition currently pending with the Secretary of
the Interior.
(3) There is hereby authorized to be appropriated not to exceed
$250,000 to pay for the legal expenses incurred by the Southern Paiute
Tribe on legal action arising under this section prior to November 16,
1988.
(Pub. L. 93-531, 8, Dec. 22, 1974, 88 Stat. 1715; Pub. L. 96-305,
2, July 8, 1980, 94 Stat. 929; Pub. L. 100-666, 9, Nov. 16, 1988, 102
Stat. 3933.)
Act of June 14, 1934, referred to in subsecs. (a) and (c)(1), is act
June 14, 1934, ch. 521, 48 Stat. 960, which was not classified to the
Code.
The Indian Claims Commission, referred to in subsec. (d), terminated
Sept. 30, 1978. See Codification note set out under former section 70
et seq. of this title.
1988 -- Subsec. (e). Pub. L. 100-666, 9(a), inserted '', San Juan
Southern Paiute'' after ''Navajo''.
Subsec. (f). Pub. L. 100-666, 9(b), added subsec. (f).
1980 -- Subsec. (c). Pub. L. 96-305 substituted provision
authorizing, as part of the determination of tribal rights and interests
in land, actions for accounting, fair value of grazing, and claims for
damages, specifying the formula for determining recovery, and limiting
defenses for provision authorizing exchange of reservation lands.
25 USC 640d-8. Allotments in severalty to Paiute Indians now located
on lands; issue of patents declaring United States as trustee
TITLE 25 -- INDIANS
Notwithstanding any other provision of this subchapter, the Secretary
is authorized to allot in severalty to individual Paiute Indians, not
now members of the Navajo Tribe, who are located within the area
described in the Act of June 14, 1934 (48 Stat. 960), and who were
located within such area, or are direct descendants of Paiute Indians
who were located within such area, on the date of such Act, land in
quantities as specified in section 331 of this title, and patents shall
be issued to them for such lands having the legal effect and declaring
that the United States holds such land in trust for the sole use and
benefit of each allottee and, following his death, of his heirs
according to the laws of the State of Arizona.
(Pub. L. 93-531, 9, Dec. 22, 1974, 88 Stat. 1716.)
Act of June 14, 1934, referred to in text, is act June 14, 1934, ch.
521, 48 Stat. 960, which was not classified to the Code.
25 USC 640d-9. Partitioned or other designated lands
TITLE 25 -- INDIANS
(a) Lands to be held in trust for Navajo Tribe; exception
Subject to the provisions of sections 640d-8 and 640d-16(a) of this
title, any lands partitioned to the Navajo Tribe pursuant to sections
640d-2 and 640d-3 of this title and the lands described in the Act of
June 14, 1934 (48 Stat. 960), except the lands as described in section
640d-7 of this title, shall be held in trust by the United States
exclusively for the Navajo Tribe and as a part of the Navajo
Reservation.
(b) Lands to be held in trust for Hopi Tribe
Subject to the provisions of sections 640d-8 and 640d-16(a) of this
title, any lands partitioned to the Hopi Tribe pursuant to sections
640d-2 and 640d-3 of this title and the lands as described in section
640d-7 of this title shall be held in trust by the United States
exclusively for the Hopi Tribe and as a part of the Hopi Reservation.
(c) Protection of rights and property of individuals subject to
relocation
The Secretary shall take such action as may be necessary in order to
assure the protection, until relocation, of the rights and property of
individuals subject to relocation pursuant to this subchapter, or any
judgment of partition pursuant thereto, including any individual
authorized to reside on land covered by a life estate conferred pursuant
to section 640d-28 of this title.
(d) Protection of benefits and services of individuals subject to
relocation
With respect to any individual subject to relocation, the Secretary
shall take such action as may be necessary to assure that such
individuals are not deprived of benefits or services by reason of their
status as an individual subject to relocation.
(e) Tribal jurisdiction over partitioned lands
(1) /1/ Lands partitioned pursuant to this subchapter, whether or not
the partition order is subject to appeal, shall be subject to the
jurisdiction of the tribe to whom partitioned and the laws of such tribe
shall apply to such partitioned lands under the following schedule:
(A) Effective ninety days after July 8, 1980, all conservation
practices, including grazing control and range restoration activities,
shall be coordinated and executed with the concurrence of the tribe to
whom the particular lands in question have been partitioned, and all
such grazing and range restoration matters on the Navajo Reservation
lands shall be administered by the Bureau of Indian Affairs Navajo Area
Office and on the Hopi Reservation lands by the Bureau of Indian Affairs
Phoenix Area Office, under applicable laws and regulations.
(B) Notwithstanding any provision of law to the contrary, each tribe
shall have such jurisdiction and authority over any lands partitioned to
it and all persons located thereon, not in conflict with the laws and
regulations referred to in paragraph (A) above, to the same extent as is
applicable to those other portions of its reservation. Such
jurisdiction and authority over partitioned lands shall become effective
April 18, 1981.
The provisions of this subsection shall be subject to the
responsibility of the Secretary to protect the rights and property of
life tenants and persons awaiting relocation as provided in subsections
(c) and (d) of this section.
(f) Development of lands in litigation; exception
(1) Any development of lands in litigation pursuant to section 640d-7
of this title and further defined as ''that portion of the Navajo
Reservation lying west of the Executive Order Reservation of 1882 and
bounded on the north and south by westerly extensions, to the
reservation line, of the northern and southern boundaries of said
Executive Order Reservation,'' shall be carried out only upon the
written consent of each tribe except for the limited areas around the
village of Moenkopi and around Tuba City. Each such area has been
heretofore designated by the Secretary. ''Development'' as used herein
shall mean any new construction or improvement to the property and
further includes public work projects, power and water lines, public
agency improvements, and associated rights-of-way.
(2) Each Indian tribe which receives a written request for the
consent of the Indian tribe to a particular improvement, construction,
or other development on the lands to which paragraph (1) applies shall
respond in writing to such request by no later than the date that is 30
days after the date on which the Indian tribe receives the request. If
the Indian tribe refuse to consent to the improvement, construction, or
other development, the response shall include the reasons why consent is
being refused.
(3)(A) Paragraph (1) shall not apply to any improvement,
construction, or other development if --
(i) such improvement, construction, or development does not involve
new housing construction, and
(ii) after the Navajo Tribe or Hopi Tribe has refused to consent to
such improvement, construction, or development (or after the close of
the 30-day period described in paragraph (2), if the Indian tribe does
not respond within such period in writing to a written request for such
consent), the Secretary of the Interior determines that such
improvement, construction, or development is necessary for the health or
safety of the Navajo Tribe, the Hopi Tribe, or any individual who is a
member of either tribe.
(B) If a written request for a determination described in
subparagraph (A)(ii) is submitted to the Secretary of the Interior after
the Navajo Tribe or Hopi Tribe has refused to consent to any
improvement, construction, or development (or after the close of the
30-day period described in paragraph (2), if the Indian tribe does not
respond within such period in writing to a written request for such
consent), the Secretary shall, by no later than the date that is 45 days
after the date on which such request is submitted to the Secretary,
determine whether such improvement, construction, or development is
necessary for the health or safety of the Navajo Tribe, the Hopi Tribe,
or any individual who is a member of either Tribe.
(C) Any development that is undertaken pursuant to this section shall
be without prejudice to the rights of the parties in the civil action
pending before the United States District Court for the District of
Arizona commenced pursuant to section 640d-7 of this title, as amended.
(Pub. L. 93-531, 10, Dec. 22, 1974, 88 Stat. 1716; Pub. L. 96-305,
3, July 8, 1980, 94 Stat. 929; Pub. L. 100-666, 6, Nov. 16, 1988, 102
Stat. 3932.)
Act of June 14, 1934, referred to in subsec. (a), is act June 14,
1934, ch. 521, 48 Stat. 960, which was not classified to the Code.
1988 -- Subsec. (f). Pub. L. 100-666 designated existing provisions
as par. (1) and added pars. (2) and (3).
1980 -- Subsecs. (c) to (f). Pub. L. 96-305 added subsecs. (c) to
(f).
/1/ So in original. No par. (2) has been enacted.
25 USC 640d-10. Resettlement lands for Navajo Tribe
TITLE 25 -- INDIANS
(a) Transfer of lands under jurisdiction of Bureau of Land
Management; State and private land exchanges; valuation; acquired
private lands; lands to be held in trust
The Secretary is authorized and directed to --
(1) transfer not to exceed two hundred and fifty thousand acres of
lands under the jurisdiction of the Bureau of Land Management within the
State /1/ of Arizona and New Mexico to the Navajo Tribe: Provided,
That, in order to facilitate such transfer, the Secretary is authorized
to exchange such lands for State or private lands of equal value or, if
they are not equal, the values shall be equalized by the payment of
money to the grantor or to the Secretary as the circumstances require so
long as payment does not exceed 25 per centum of the total value of the
lands transferred out of Federal ownership. The Secretary shall try to
reduce the payment to as small an amount as possible.
(2) /2/ on behalf of the United States, accept title to not to exceed
one hundred and fifty thousand acres of private lands acquired by the
Navajo Tribe. Title thereto shall be taken in the name of the United
States in trust for the benefit of the Navajo Tribe as a part of the
Navajo Reservation.
Subject to the provisions of the following sentences of this
subsection, all rights, title and interests of the United States in the
lands described in paragraph (1), including such interests the United
States as lessor has in such lands under the Mineral Leasing Act of
1920, as amended (30 U.S.C. 181 et seq.), will, subject to existing
leasehold interests, be transferred without cost to the Navajo Tribe and
title thereto shall be taken by the United States in trust for the
benefit of the Navajo Tribe as a part of the Navajo Reservation. So
long as selected lands coincide with pending noncompetitive coal lease
applications under the Mineral Leasing Act of 1920, as amended, the
Secretary may not transfer any United States interests in such lands
until the noncompetitive coal lease applications have been fully
adjudicated. If such adjudication results in issuance of Federal coal
leases to the applicants, such transfer shall be subject to such leases.
The leaseholders rights and interests in such coal leases will in no
way be diminished by the transfer of the rights, title and interests of
the United States in such lands to the Navajo Tribe. If any selected
lands are subject to valid claims located under the Mining Law of 1872
the transfer of the selected lands may be made subject to those claims.
(2) /2/ Those interests in lands acquired in the State of New Mexico
by the Navajo Tribe pursuant to subsection 2 /3/ of this section shall
be subject to the right of the State of New Mexico to receive the same
value from any sales, bonuses, rentals, royalties and interest charges
from the conveyance, sale, lease, development, and production of coal as
would have been received had the subsurface interest in such lands
remained with the United States and been leased pursuant to the Mineral
Lands Leasing Act of 1920, as amended (30 U.S.C. 181 et seq.), or any
successor Act; or otherwise developed. The State's interest shall be
accounted for in the same manner as it would have been if a lease had
issued pursuant to the Mineral Lands Leasing Act of 1920, as amended.
(b) Proximity of lands to be transferred or acquired to Navajo
Reservation; lands to be used for exchanges
A border of any parcel of land so transferred or acquired shall be
within eighteen miles of the present boundary of the Navajo Reservation:
Provided, That, except as limited by subsection (g) of this section,
Bureau of Land Management lands anywhere within the States of Arizona
and New Mexico may be used for the purpose of exchanging for lands
within eighteen miles of the present boundary of the reservation.
(c) Selection of lands to be transferred or acquired; time period;
consultation; restriction of New Mexico lands
Lands to be so transferred or acquired shall, for a period of three
years after July 8, 1980, be selected by the Navajo Tribe after
consultation with the Commissioner: Provided, That, at the end of such
period, the Commissioner shall have the authority to select such lands
after consultation with the Navajo Tribe: Provided further, That not to
exceed thirty-five thousand acres of lands so transferred or acquired
shall be selected within the State of New Mexico.
(d) Progress and status of land transfer program; reports to
Congressional committees
The Commissioner, in consultation with the Secretary, shall within
sixty days following the first year of enactment of this subsection
report to the House Committee on Interior and Insular Affairs and the
Senate Select Committee on Indian Affairs, on the progress of the land
transfer program authorized in subsection (a) of this section. Sixty
days following the second year of enactment of this subsection the
Commissioner, in consultation with the Secretary, shall submit a report
to the House Committee on Interior and Insular Affairs and the Senate
Select Committee on Indian Affairs giving the status of the land
transfer program authorized in subsection (a) of this section, making
any recommendations that the Commissioner deems necessary to complete
the land transfer program.
(e) Entitlement lands payments
Payments being made to any State or local government pursuant to the
provisions of chapter 69 of title 31, on any lands transferred pursuant
to subsection (a)(1) of this section shall continue to be paid as if
such transfer had not occurred.
(f) Acquisition of title to surface and subsurface interest; time
period; public notice; report to Congressional committees; rights of
subsurface owner
(1) For a period of three years after July 8, 1980, the Secretary
shall not accept title to lands acquired pursuant to subsection (a)(2)
/4/ of this section unless fee title to both surface and subsurface has
been acquired or the owner of the subsurface interest consents to the
acceptance of the surface interest in trust by the Secretary.
(2) If, ninety days prior to the expiration of such three year
period, the full entitlement of private lands has not been acquired by
the Navajo Tribe and accepted by the Secretary in trust for the Navajo
Tribe under the restrictions of paragraph (1) of this subsection, the
Commissioner, after public notice, shall, within thirty days, make a
report thereon to the House Committee on Interior and Insular Affairs
and the Senate Select Committee on Indian Affairs.
(3) In any case where the Secretary accepts, in trust, title to the
surface of lands acquired pursuant to subsection (a)(2) /4/ of this
section where the subsurface interest is owned by third parties, the
trust status of such surface ownership and the inclusion of the land
within the Navajo Reservation shall not impair any existing right of the
subsurface owner to develop the subsurface interest and to have access
to the surface for the purpose of such development.
(g) Lands not available for transfer
No public lands lying north and west of the Colorado River in the
State of Arizona shall be available for transfer under this section.
(h) Administration of lands transferred or acquired
The lands transferred or acquired pursuant to this section shall be
administered by the Commissioner until relocation under the Commission's
/5/ plan is complete and such lands shall be used solely for the benefit
of Navajo families residing on Hopi-partitioned lands as of December 22,
1974: Provided, That the sole authority for final planning decisions
regarding the development of lands acquired pursuant to this subchapter
shall rest with the Commissioner until such time as the Commissioner has
discharged his statutory responsibility under this subchapter.
(i) Negotiations regarding land exchanges or leases
The Commissioner shall have authority to enter into negotiations with
the Navajo and Hopi Tribes with a view to arranging and carrying out
land exchanges or leases, or both, between such tribes; and lands which
may be acquired or transferred pursuant to this section may, with the
approval of the Commissioner, be included in any land exchange between
the tribes authorized under section 640d-22 of this title.
(Pub. L. 93-531, 11, Dec. 22, 1974, 88 Stat. 1716; Pub. L. 96-305,
4, July 8, 1980, 94 Stat. 930; Pub. L. 98-603, title I, 106, Oct. 30,
1984, 98 Stat. 3157; Pub. L. 100-666, 4(b), 8, Nov. 16, 1988, 102
Stat. 3930, 3933.)
The Mineral Leasing Act of 1920, as amended, and the Mineral Lands
Leasing Act of 1920, as amended, referred to in subsec. (a), are act
Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as the Mineral
Leasing Act, which is classified generally to chapter 3A ( 181 et seq.)
of Title 30, Mineral Lands and Mining. For complete classification of
this Act to the Code, see Short Title note set out under section 181 of
Title 30 and Tables.
The Mining Law of 1872, referred to in subsec. (a), is act May 10,
1872, ch. 152, 17 Stat. 91, as amended. That act was incorporated
into the Revised Statutes as R.S. 2319 to 2328, 2331, 2333 to 2337,
and 2344, which are classified to sections 22 to 24, 26 to 28, 29, 30,
33 to 35, 37, 39 to 42, and 47 of Title 30. For complete classification
of R.S. 2319 to 2328, 2331, 2333 to 2337, and 2344 to the Code, see
Tables.
The first year of enactment of this subsection and the second year of
enactment of this subsection, referred to in subsec. (d), probably mean
the first and second year after the date of enactment of this
subsection, which was July 8, 1980.
Subsection (a)(2) of this section, referred to in subsec. (f)(1),
(3), means the first paragraph (2) of subsec. (a), relating to
acceptance of title to private lands.
In subsec. (e), ''chapter 69 of title 31'' substituted for ''the Act
of October 20, 1976 (90 Stat. 2662; 31 U.S.C. 1601 et seq.)'' on
authority of Pub. L. 97-258, 4(b), Sept. 13, 1982, 96 Stat. 1067,
the first section of which enacted Title 31, Money and Finance.
1988 -- Subsecs. (c), (d), (f)(2). Pub. L. 100-666, 4(b),
substituted ''Commissioner'' for ''Commission'' wherever appearing.
Subsec. (h). Pub. L. 100-666, 4(b), 8, substituted ''by the
Commissioner'' for ''by the Commission'' and ''December 22, 1974:
Provided, That the sole authority for final planning decisions regarding
the development of lands acquired pursuant to this subchapter shall rest
with the Commissioner until such time as the Commissioner has discharged
his statutory responsibility under this subchapter'' for ''July 8, 1980,
who are awaiting relocation under this subchapter''.
Subsec. (i). Pub. L. 100-666, 4(b), substituted ''Commissioner'' for
''Commission'' in two places.
1984 -- Subsec. (a). Pub. L. 98-603, 106(2), inserted provisions
relating to transfer without cost to the Navajo Tribe with title taken
by the United States in trust for the benefit of the Navajo Tribe as
part of the Navajo Reservation of all rights, title, and interests of
the United States in the lands described in par. (1), subject to
existing leaseholds.
Subsec. (a)(1). Pub. L. 98-603, 106(1), struck out provisions
requiring transfer of lands without cost to the Navajo Tribe with title
taken by the United States in trust for the benefit of the Navajo Tribe
as part of the Navajo Reservation.
Subsec. (a)(2). Pub. L. 98-603, 106(3), added the par. (2) relating
to interests in lands acquired in the State of New Mexico.
1980 -- Subsec. (a). Pub. L. 96-305 substituted provision
authorizing the Secretary to transfer not more than 250,000 acres of
land under the jurisdiction of the Bureau of Land Management to the
Navajo Tribe, at no cost to the Navajo Tribe, and in order to facilitate
this transfer, exchange Bureau of Land Management land, at equal
valuation, for State and private land, and to accept title to not more
than 150,000 acres of private lands acquired by the Navajo Tribe, with
title to both the transferred and privately acquired lands to be held by
the United States in trust for the benefit of the Navajo Tribe for
provision authorizing the Secretary to transfer not more than 250,000
acres of land under the jurisdiction of the Bureau of Land Management to
the Navajo Tribe providing the Navajo Tribe pay the fair market value of
the land transferred and providing that title to the transferred land be
held by the United States for the benefit of the Navajo Tribe.
Subsec. (b). Pub. L. 96-305 substituted provision requiring a border
of any parcel of land transferred or acquired to be within 18 miles of
the present boundary of the Navajo Reservation and providing that, with
the exception of the lands unavailable for transfer, any Bureau of Land
Management lands within Arizona and New Mexico be available for exchange
for lands within 18 miles of the present boundary of the reservation for
provision authorizing the United States to take in trust for the benefit
of the Navajo Tribe any private lands acquired by the Navajo Tribe which
are contiguous or adjacent to the Navajo Reservation and restricting the
total acreage of lands transferred or acquired to not more than 250,000
acres.
Subsecs. (c) to (i). Pub. L. 96-305 added subsecs. (c) to (i).
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the House
of Representatives on Jan. 5, 1993, by House Resolution No. 5, One
Hundred Third Congress.
Select Committee on Indian Affairs of the Senate redesignated
Committee on Indian Affairs of the Senate by section 25 of Senate
Resolution No. 71, Feb. 25, 1993, One Hundred Third Congress.
/1/ So in original. Probably should be ''States''.
/2/ So in original. Two pars. designated (2) have been enacted.
/3/ So in original. Probably should be ''paragraph (1)''.
/4/ See References in Text note below.
/5/ So in original. Probably should be ''Commissioner's''.
25 USC 640d-11. Office of Navajo and Hopi Indian Relocation
TITLE 25 -- INDIANS
(a) Establishment; Commissioner
There is hereby established as an independent entity in the executive
branch the Office of Navajo and Hopi Indian Relocation which shall be
under the direction of the Commissioner on Navajo and Hopi Relocation
(hereinafter in this subchapter referred to as the ''Commissioner'').
(b) Appointment; term of office; compensation
(1) The Commissioner shall be appointed by the President by and with
the advice and consent of the Senate.
(2) The term of office of the Commissioner shall be 2 years. An
individual may be appointed Commissioner for more than one term. The
Commissioner serving at the end of a term shall continue to serve until
his or her successor has been confirmed in accordance with paragraph (1)
of this subsection.
(3) The Commissioner shall be a full-time employee of the United
States, and shall be compensated at the rate of basic pay payable for
level IV of the Executive Schedule.
(c) Transfer of powers, duties, and funds to Commissioner
(1)(A) Except as otherwise provided by the Navajo and Hopi Indian
Relocation Amendments of 1988, the Commissioner shall have all the
powers and be responsible for all the duties that the Navajo and Hopi
Indian Relocation Commission had before November 16, 1988.
(B) All funds appropriated to the Navajo and Hopi Indian Relocation
Commission before the date on which the first Commissioner on Navajo and
Hopi Indian Relocation is confirmed by the Senate that have not been
expended on such date shall become available to the Office of Navajo and
Hopi Indian Relocation on such date and shall remain available without
fiscal year limitation.
(2) There are hereby transferred to the Commissioner, on January 31,
1989 --
(A) all powers and duties of the Bureau of Indian Affairs derived
from Public Law 99-190 (99 Stat. at 1236) that relate to the relocation
of members of the Navajo Tribe from lands partitioned to the Hopi Tribe,
and
(B) all funds appropriated for activities relating to such relocation
pursuant to Public Law 99-190 (99 Stat. at 1236): Provided, That such
funds shall be used by the Commissioner for the purpose for which such
funds were appropriated to the Bureau of Indian Affairs. (B) /1/ :
Provided further, That for administrative purposes such funds shall be
maintained in a separate account.
(d) Powers of Commissioner
(1) Subject to such rules and regulations as may be adopted by the
Office of Navajo and Hopi Indian Relocation, the Commissioner shall have
the power to --
(A) appoint and fix the compensation of such staff and personnel as
the Commissioner deems necessary in accordance with the provisions of
title 5 governing appointments in the competitive service, but at rates
not in excess of a position classified above a GS-15 of the General
Schedule under section 5108 of such title; and
(B) procure temporary and intermittent services to the same extent as
is authorized by section 3109 of title 5, but at rates not to exceed
$200 a day for individuals.
(2) The authority of the Commissioner to enter into contracts for the
provision of legal services for the Commissioner or for the Office of
Navajo and Hopi Indian Relocation shall be subject to the availability
of funds provided for such purpose by appropriations Acts.
(3) There are authorized to be appropriated for each fiscal year
$100,000 to fund contracts described in paragraph (2).
(e) Administrative, fiscal, and housekeeping services;
implementation of relocation plan; reasonable assistance by Federal
departments or agencies; report to Congress
(1) The Commissioner is authorized to provide for the administrative,
fiscal, and housekeeping services of the Office of Navajo and Hopi
Indian Relocation and is authorized to call upon any department or
agency of the United States to assist him in implementing the relocation
plan, except that the control over and responsibility for completing
relocation shall remain in the Commissioner. In any case in which the
Office calls upon any such department or agency for assistance under
this section, such department or agency shall provide reasonable
assistance so requested.
(2) On failure of any agency to provide reasonable assistance as
required under paragraph (1) of this subsection, the Commissioner shall
report such failure to the Congress.
(f) Termination
The Office of Navajo and Hopi Indian Relocation shall cease to exist
when the President determines that its functions have been fully
discharged.
(Pub. L. 93-531, 12, Dec. 22, 1974, 88 Stat. 1716; Pub. L. 96-305,
5, July 8, 1980, 94 Stat. 932; Pub. L. 100-666, 4(a), Nov. 16, 1988,
102 Stat. 3929; Pub. L. 100-696, title IV, 406, Nov. 18, 1988, 102
Stat. 4592; Pub. L. 102-180, 3(a)-(c), Dec. 2, 1991, 105 Stat. 1230.)
Level IV of the Executive Schedule, referred to in subsec. (b)(3),
is set out in section 5315 of Title 5, Government Organization and
Employees.
The Navajo and Hopi Indian Relocation Amendments of 1988, referred to
in subsec. (c)(1)(A), is Pub. L. 100-666, Nov. 16, 1988, 102 Stat.
3929, which enacted sections 640d-29 and 640d-30 of this title, amended
sections 640d-7, 640d-9 to 640d-14, 640d-22, 640d-24, 640d-25, and
640d-28 of this title, and enacted provisions set out as a note under
sections 640d and 640d-11 of this title. For complete classification of
this Act to the Code, see Short Title of 1988 Amendment note set out
under section 640d of this title and Tables.
Public Law 99-190, referred to in subsec. (c)(2), is Pub. L.
99-190, Dec. 19, 1985, 99 Stat. 1185. The provisions of Pub. L.
99-190 (99 Stat. 1236) relating to the relocation of members of the
Navajo Tribe are not classified to the Code. For complete
classification of Pub. L. 99-190 to the Code, see Tables.
The provisions of title 5 governing appointments in the competitive
service, referred to in the subsec. (d)(1)(A), are classified generally
to section 3301 et seq. of Title 5, Government Organization and
Employees.
1991 -- Subsec. (b)(2). Pub. L. 102-180, 3(a), inserted at end
''The Commissioner serving at the end of a term shall continue to serve
until his or her successor has been confirmed in accordance with
paragraph (1) of this subsection.''
Subsec. (b)(3). Pub. L. 102-180, 3(b), amended par. (3) generally.
Prior to amendment, par. (3) read as follows: ''The Commissioner shall
be a full time employee of the United States and shall be paid at the
rate of GS-18 of the General Schedule under section 5332 of title 5.''
Subsec. (d)(1). Pub. L. 102-180, 3(c), amended par. (1) generally.
Prior to amendment, par. (1) read as follows: ''The Commissioner shall
have the power to --
''(A) appoint and fix the compensation of such staff and personnel as
he deems necessary, without regard to the provisions of title 5
governing appointments in the competitive service, and without regard to
chapter 51 and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, but at rates not in
excess of the maximum rate for GS-18 of the General Schedule under
section 5332 of such title; and
''(B) procure temporary and intermittent services to the same extent
as is authorized by section 3109 of title 5, but at rates not to exceed
$200 a day for individuals.''
1988 -- Pub. L. 100-666 amended section generally, substituting
subsecs. (a) to (f) relating to the Office of Navajo and Hopi Indian
Relocation, for former subsecs. (a) to (j) which related to the Navajo
and Hopi Relocation Commission.
1980 -- Subsec. (g)(1). Pub. L. 96-305, 5(1), inserted ''an
independent legal counsel,'' after ''an Executive Director,''.
Subsec. (h). Pub. L. 96-305, 5(2), substituted provision authorizing
Commission to provide for its own administrative, fiscal, and
housekeeping services for provision authorizing Department of the
Interior, on a nonreimbursable basis, to furnish necessary
administrative and housekeeping services for Commission.
Subsecs. (i), (j). Pub. L. 96-305, 5(3), added subsec. (i) and
redesignated former subsec. (i) as (j).
Section 3(d) of Pub. L. 102-180 provided that: ''The amendments
made by this section (amending this section and section 5315 of Title 5,
Government Organization and Employees) shall not cause any employee of
the Office of Navajo and Hopi Indian Relocation to be separated or
reduced in grade or compensation for 12 months after the date of
enactment of this Act (Dec. 2, 1991).''
Section 3(e) of Pub. L. 102-180 provided that: ''The position of
Executive Director of the Office of Navajo and Hopi Indian Relocation
and Deputy Executive Director of such Office shall on and after the date
of the enactment of this Act (Dec. 2, 1991), be in the Senior Executive
Service.''
Section 3(f) of Pub. L. 102-180 provided that: ''Any employee of
the Office of Navajo and Hopi Indian Relocation on the date of the
enactment of this Act (Dec. 2, 1991), shall be considered an employee as
defined in section 2105 of title 5, United States Code.''
of Name
Section 4(c) of Pub. L. 100-666 provided that:
''(1) Notwithstanding any other provisions of law or any amendment
made by this Act (see Short Title of 1988 Amendment note under section
640d of this title) --
''(A) the Navajo and Hopi Indian Relocation Commission shall --
''(i) continue to exist until the date on which the first
Commissioner is confirmed by the Senate,
''(ii) have the same structure, powers and responsibilities such
Commission had before the enactment of this Act (Nov. 16, 1988), and
''(iii) assume responsibility for the powers and duties transferred
to such Commissioner under section 12(c)(2) of Public Law 93-531 (25
U.S.C. 640d-11(c)(2)), as amended by this Act, until the Commissioner is
confirmed,
''(B) the existing Commissioners shall serve until the new
Commissioner is confirmed by the Senate, and
''(C) the existing personnel of the Commission shall be transferred
to the new Office of Navajo and Hopi Indian Relocation.
''(2) The Navajo and Hopi Relocation Commission shall become known as
the Office of Navajo and Hopi Indian Relocation on the date on which the
first Commissioner is confirmed by the Senate.''
/1/ So in original. The period followed by the designation ''(B)''
probably should not appear.
25 USC 640d-12. Report concerning relocation of households and members
of each tribe
TITLE 25 -- INDIANS
(a) By no later than the date that is 6 months after the date on
which the first Commissioner is confirmed by the Senate, the
Commissioner shall prepare and submit to the Congress a report
concerning the relocation of households and members thereof of each
tribe and their personal property, including livestock, from lands
partitioned to the other tribe pursuant to this subchapter.
(b) The report required under subsection (a) of this section shall
contain, among other matters, the following:
(1) the names of all members of the Navajo Tribe who reside within
the areas partitioned to the Hopi Tribe and the names of all members of
the Hopi Tribe who reside within the areas partitioned to the Navajo
Tribe;
(2) the names of all other members of the Navajo Tribe, and other
members of the Hopi Tribe, who are eligible for benefits provided under
this subchapter and who have not received all the benefits for which
such members are eligible under this subchapter; and
(3) the fair market value of the habitations and improvements owned
by the heads of households identified by the Commissioner is /1/ being
among the persons named in clause (1) of this subsection.
(Pub. L. 93-531, 13, Dec. 22, 1974, 88 Stat. 1717; Pub. L. 96-305,
6, July 8, 1980, 94 Stat. 932; Pub. L. 100-666, 4(d), Nov. 16, 1988,
102 Stat. 3931; Pub. L. 101-121, title I, 120, Oct. 23, 1989, 103
Stat. 722.)
1989 -- Subsec. (b)(4). Pub. L. 101-121 struck out cl. (4) which
required a report on how funds in the Navajo Rehabilitation Trust Funds
would be expended to carry out the purposes described in section
640d-30(d) of this title.
1988 -- Pub. L. 100-666 amended section generally, substituting
subsecs. (a) and (b) for former subsecs. (a) to (c).
1980 -- Subsec. (c)(5). Pub. L. 96-305 substituted ''ninety'' for
''thirty''.
/1/ So in original. Probably should be ''as''.
25 USC 640d-13. Relocation of households and members
TITLE 25 -- INDIANS
(a) Authorization; time of completion; prohibition of further
settlement of nonmembers without written approval; limit on grazing of
livestock
Consistent with section 640d-7 of this title and the order of the
District Court issued pursuant to section 640d-2 or 640d-3 of this
title, the Commissioner is authorized and directed to relocate pursuant
to section 640d-7 of this title and such order all households and
members thereof and their personal property, including livestock, from
any lands partitioned to the tribe of which they are not members. The
relocation shall take place in accordance with the relocation plan and
shall be completed by the end of five years from the date on which the
relocation plan takes effect. No further settlement of Navajo
individuals on the lands partitioned to the Hopi Tribe pursuant to this
subchapter or on the Hopi Reservation shall be permitted unless advance
written approval of the Hopi Tribe is obtained. No further settlement
of Hopi individuals on the lands partitioned to the Navajo Tribe
pursuant to this subchapter or on the Navajo Reservation shall be
permitted unless advance written approval of the Navajo Tribe is
obtained. No individual shall hereafter be allowed to increase the
number of livestock he grazes on any area partitioned pursuant to this
subchapter to the tribe of which he is not a member, nor shall he retain
any grazing rights in any such area subsequent to his relocation
therefrom.
(b) Additional payments to heads of household; time
In addition to the payments made pursuant to section 640d-14 of this
title, the Commissioner shall make payments to heads of households
identified in the report prepared pursuant to section 640d-12 of this
title upon the date of relocation of such households, as determined by
the Commissioner, in accordance with the following schedule:
(1) the sum of $5,000 to each head of a household who, prior to the
expiration of one year after the effective date of the relocation plan,
contracts with the Commissioner to relocate;
(2) the sum of $4,000 to each head of a household who is not eligible
for the payment provided for in clause (1) of this subsection but who,
prior to the expiration of two years after the effective date of the
relocation plan, contracts with the Commissioner to relocate;
(3) the sum of $3,000 to each head of a household who is not eligible
for the payments provided for in clause (1) or (2) of this subsection
but who, prior to the expiration of three years after the effective date
of the relocation plan, contracts with the Commissioner to relocate;
and
(4) the sum of $2,000 to each head of a household who is not eligible
for the payments provided for in clause (1), (2), or (3) of this
subsection but who, prior to the expiration of four years after the
effective date of the relocation plan, contracts with the Commissioner
to relocate.
(c) Payments to or for any person moving into partitioned area after
May 29, 1974
No payment shall be made pursuant to this section to or for any
person who, after May 29, 1974, moved into an area partitioned pursuant
to section 640d-7 of this title or section 640d-2 or 640d-3 of this
title to a tribe of which he is not a member.
(Pub. L. 93-531, 14, Dec. 22, 1974, 88 Stat. 1718; Pub. L.
100-666, 4(b), Nov. 16, 1988, 102 Stat. 3930.)
1988 -- Subsecs. (a), (b). Pub. L. 100-666 substituted
''Commissioner'' for ''Commission'' wherever appearing.
25 USC 640d-14. Relocation housing
TITLE 25 -- INDIANS
(a) Purchase of habitation and improvements from head of household;
fair market value
The Commissioner shall purchase from the head of each household whose
household is required to relocate under the terms of this subchapter the
habitation and other improvements owned by him on the area from which he
is required to move. The purchase price shall be the fair market value
of such habitation and improvements as determined under section
640d-12(b)(2) /1/ of this title.
(b) Reimbursement for moving expenses; payment for replacement
dwelling; limitations
In addition to the payments made pursuant to subsection (a) of this
section, the Commissioner shall:
(1) reimburse each head of a household whose household is required to
relocate pursuant to this subchapter for the actual reasonable moving
expenses of the household as if the household members were displaced
persons under section 202 of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (84 Stat. 1894) (42 U.S.C.
4622);
(2) pay to each head of a household whose household is required to
relocate pursuant to this subchapter an amount which, when added to the
fair market value of the habitation and improvements purchased under
subsection (a) of this section, equals the reasonable cost of a decent,
safe, and sanitary replacement dwelling adequate to accommodate such
household: Provided, That the additional payment authorized by this
paragraph (2) shall not exceed $17,000 for a household of three or less
and not more than $25,000 for a household of four or more, except that
the Commissioner may, after consultation with the Secretary of Housing
and Urban Development, annually increase or decrease such limitations to
reflect changes in housing development and construction costs, other
than costs of land, during the preceding year: Provided further, That
the additional payment authorized by this subsection shall be made only
to a head of a household required to relocate pursuant to this
subchapter who purchases and occupies such replacement dwelling not
later than the end of the two-year period beginning on the date on which
he receives from the Commissioner final payment for the habitation and
improvements purchased under subsection (a) of this section, or on the
date on which such household moves from such habitation, whichever is
the later date. The payments made pursuant to this paragraph (2) shall
be used only for the purpose of obtaining decent, safe, and sanitary
replacement dwellings adequate to accommodate the households relocated
pursuant to this subchapter.
(c) Establishment of standards consistent with other laws; payments
to or for any person moving into partitioned area after specified time
In implementing subsection (b) of this section, the Commissioner
shall establish standards consistent with those established in the
implementation of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (84 Stat. 1894) (42 U.S.C. 4601 et
seq.). No payment shall be made pursuant to this section to or for any
person who, later than one year prior to December 22, 1974, moved into
an area partitioned pursuant to section 640d-7 of this title or section
640d-2 or 640d-3 of this title to a tribe of which he is not a member.
(d) Methods of payment
The Commissioner shall be responsible for the provision of housing
for each household eligible for payments under this section in one of
the following manners:
(1) Should any head of household apply for and become a participant
or homebuyer in a mutual help housing or other homeownership opportunity
project undertaken under the United States Housing Act of 1937 (50 Stat.
888) as amended (42 U.S.C. 1437 et seq.), or in any other federally
assisted housing program now or hereafter established, the amounts
payable with respect to such household under paragraph (2) of subsection
(b) of this section and under subsection (a) of this section shall be
paid to the local housing agency or sponsor involved as a voluntary
equity payment and shall be credited against the outstanding
indebtedness or purchase price of the household's home in the project in
a manner which will accelerate to the maximum extent possible the
achievement by that household of debt free homeownership.
(2) Should any head of household wish to purchase or have constructed
a dwelling which the Commissioner determines is decent, safe, sanitary,
and adequate to accommodate the household, the amounts payable with
respect to such household under paragraph (2) of subsection (b) of this
section and under subsection (a) of this section shall be paid to such
head of household in connection with such purchase or construction in a
manner which the Commissioner determines will assure the use of the
funds for such purpose.
(3) Should any head of household not make timely arrangements for
relocation housing, or should any head of household elect and enter into
an agreement to have the Commissioner construct or acquire a home for
the household, the Commissioner may use the amounts payable with respect
to such household under paragraph (2) of subsection (b) of this section
and under subsection (a) of this section for the construction or
acquisition (including enlargement or rehabilitation if necessary) of a
home and related facilities for such household: Provided, That, the
Commissioner may combine the funds for any number of such households
into one or more accounts from which the costs of such construction or
acquisition may be paid on a project basis and the funds in such account
or accounts shall remain available until expended: Provided further,
That the title to each home constructed or acquired by the Commissioner
pursuant to this paragraph shall be vested in the head of the household
for which it was constructed or acquired upon occupancy by such
household, but this shall not preclude such home being located on land
held in trust by the United States.
(e) Disposal of acquired dwellings and improvements
The Commissioner is authorized to dispose of dwellings and other
improvements acquired or constructed pursuant to this subchapter in such
manner, including resale of such dwellings and improvements to members
of the tribe exercising jurisdiction over the area at prices no higher
than the acquisition or construction costs, as best effects section
640d-7 of this title and the order of the District Court pursuant to
section 640d-2 or 640d-3 of this title.
(f) Preferential treatment for heads of households of Navajo Tribe
evicted from Hopi Reservation by judicial decision; restriction
Notwithstanding any other provision of law to the contrary, the
Commissioner shall on a preferential basis provide relocation assistance
and relocation housing under subsections (b), (c), and (d) of this
section to the head of each household of members of the Navajo Tribe who
were evicted from the Hopi Indian Reservation as a consequence of the
decision in the case of United States v. Kabinto (456 F.2d 1087
(1972)): Provided, That such heads of households have not already
received equivalent assistance from Federal agencies.
(g) Appeals of eligibility determinations
Notwithstanding any other provision of law, appeals from any
eligibility determination of the Relocation Commission, irrespective of
the amount in controversy, shall be brought in the United States
District Court for the District of Arizona.
(Pub. L. 93-531, 15, Dec. 22, 1974, 88 Stat. 1719; Pub. L. 96-305,
7, July 8, 1980, 94 Stat. 932; Pub. L. 100-666, 4(b), 10, Nov. 16,
1988, 102 Stat. 3930, 3934.)
Section 640d-12 of this title, referred to in subsec. (a), was
amended generally by Pub. L. 100-666, 4(d), Nov. 16, 1988, 102 Stat.
3931, and as so amended, section 640d-12(b)(2) does not relate to fair
market value of habitations and improvements. Provisions formerly
contained in section 640d-12(b)(2) are covered in section 640d-12(b)(3).
The Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (84 Stat. 1894), referred to in subsec. (c), is
Pub. L. 91-646, Jan. 2, 1971, 84 Stat. 1894, as amended, which is
classified generally to chapter 61 ( 4601 et seq.) of Title 42, The
Public Health and Welfare. For complete classification of this Act to
the Code, see Short Title note set out under section 4601 of Title 42
and Tables.
The United States Housing Act of 1937, referred to in subsec.
(d)(1), is act Sept. 1, 1937, ch. 896, as restated generally by Pub.
L. 93-383, title II, 201(a), Aug. 22, 1974, 88 Stat. 653, which is
classified generally to chapter 8 ( 1437 et seq.) of Title 42. For
complete classification of this Act to the Code, see Short Title note
set out under section 1437 of Title 42 and Tables.
1988 -- Subsecs. (a) to (f). Pub. L. 100-666, 4(b), substituted
''Commissioner'' for ''Commission'' wherever appearing.
Subsec. (g). Pub. L. 100-666, 10, added subsec. (g).
1980 -- Subsec. (f). Pub. L. 96-305 added subsec. (f).
/1/ See References in Text note below.
25 USC 640d-15. Payment of fair rental value for use of lands
subsequent to date of partition
TITLE 25 -- INDIANS
(a) Payment by Navajo Tribe
The Navajo Tribe shall pay to the Hopi Tribe the fair rental value as
determined by the Secretary for all use by Navajo individuals of any
lands partitioned to the Hopi Tribe pursuant to sections 640d-7 and
640d-2 or 640d-3 of this title subsequent to the date of the partition
thereof.
(b) Payment by Hopi Tribe
The Hopi Tribe shall pay to the Navajo Tribe the fair rental value as
determined by the Secretary for all use by Hopi individuals of any lands
partitioned to the Navajo Tribe pursuant to sections 640d-7 and 640d-2
or 640d-3 of this title subsequent to the date of the partition thereof.
(Pub. L. 93-531, 16, Dec. 22, 1974, 88 Stat. 1720.)
25 USC 640d-16. Title, possession, and enjoyment of lands
TITLE 25 -- INDIANS
(a) Covered lands; jurisdiction of respective tribes over nonmembers
Nothing in this subchapter shall effect the title, possession, and
enjoyment of lands heretofore allotted to Hopi and Navajo individuals
for which patents have been issued. Such Hopi individuals living on the
Navajo Reservation shall be subject to the jurisdiction of the Navajo
Tribe and such Navajo individuals living on the Hopi Reservation shall
be subject to the jurisdiction of the Hopi Tribe.
(b) Relocation of Federal employees
Nothing in this subchapter shall require the relocation from any area
partitioned pursuant to this subchapter of the household of any Navajo
or Hopi individual who is employed by the Federal Government within such
area or to prevent such employees or their households from residing in
such areas in the future: Provided, That any such Federal employee who
would, except for the provisions of this subsection, be relocated under
the terms of this subchapter may elect to be so relocated.
(Pub. L. 93-531, 17, Dec. 22, 1974, 88 Stat. 1720.)
25 USC 640d-17. Actions for accounting, fair value of grazing, and
claims for damages to land
TITLE 25 -- INDIANS
(a) Authorization to commence and defend actions in District Court
Either tribe, acting through the chairman of its tribal council, for
and on behalf of the tribe, including all villages, clans, and
individual members thereof, is hereby authorized to commence or defend
in the District Court an action or actions against the other tribe for
the following purposes if such action or actions are not settled
pursuant to section 640d-2 or 640d-3 of this title:
(1) for an accounting of all sums collected by either tribe since the
17th day of September 1957 as trader license fees or commissions, lease
proceeds, or other similar charges for the doing of business or the use
of lands within the joint use area, and judgment for one-half of all
sums so collected, and not paid to the other tribe, together with
interest at the rate of 6 per centum per annum compounded annually;
(2) for the determination and recovery of the fair value of the
grazing and agricultural use by either tribe and its individual members
since the 28th day of September 1962 of the undivided one-half interest
of the other tribe in the lands within the joint use area, together with
interest at the rate of 6 per centum per annum compounded annually,
notwithstanding the fact that the tribes are tenants in common of such
lands; and
(3) for the adjudication of any claims that either tribe may have
against the other for damages to the lands to which title was quieted as
aforesaid by the United States District Court for the District of
Arizona in such tribes, share and share alike, subject to the trust
title of the United States, without interest, notwithstanding the fact
that such tribes are tenants in common of such lands: Provided, That
the United States may be joined as a party to such an action and, in
such case, the provisions of sections 1346(a)(2) and 1505 of title 28
shall not be applicable to such action.
(b) Defenses
Neither laches nor the statute of limitations shall constitute a
defense to any action authorized by this subchapter for existing claims
if commenced within two years from December 22, 1974, or one hundred and
eighty days from the date of issuance of an order of the District Court
pursuant to section 640d-2 or 640d-3 of this title, whichever is later.
(c) Further original, ancillary or supplementary actions to insure
quiet enjoyment
Either tribe may institute such further original, ancillary, or
supplementary actions against the other tribe as may be necessary or
desirable to insure the quiet and peaceful enjoyment of the reservation
lands of the tribes by the tribes and the members thereof, and to fully
accomplish all objects and purposes of this subchapter. Such actions
may be commenced in the District Court by either tribe against the
other, acting through the chairman of its tribal council, for and on
behalf of the tribe, including all villages, clans, and individual
members thereof.
(d) United States as party; judgments as claims against the United
States
Except as provided in clause (3) of subsection (a) of this section,
the United States shall not be an indispensable party to any action or
actions commenced pursuant to this section. Any judgment or judgments
by the District Court in such action or actions shall not be regarded as
a claim or claims against the United States.
(e) Remedies
All applicable provisional and final remedies and special proceedings
provided for by the Federal Rules of Civil Procedure and all other
remedies and processes available for the enforcement and collection of
judgments in the district courts of the United States may be used in the
enforcement and collection of judgments obtained pursuant to the
provisions of this subchapter.
(Pub. L. 93-531, 18, Dec. 22, 1974, 88 Stat. 1721.)
25 USC 640d-18. Reduction of livestock within joint use area
TITLE 25 -- INDIANS
(a) Institution of conservation practices
Notwithstanding any provision of this subchapter, or any order of the
District Court pursuant to section 640d-2 or 640d-3 of this title, the
Secretary is authorized and directed to immediately commence reduction
of the numbers of all the livestock now being grazed upon the lands
within the joint use area and complete such reductions to carrying
capacity of such lands, as determined by the usual range capacity
standards as established by the Secretary after December 22, 1974. The
Secretary is directed to institute such conservation practices and
methods within such area as are necessary to restore the grazing
potential of such area to the maximum extent feasible.
(b) Survey location of monuments and fencing of boundaries
The Secretary, upon the date of issuance of an order of the District
Court pursuant to sections 640d-7 and 640d-2 or 640d-3 of this title,
shall provide for the survey location of monuments, and fencing of
boundaries of any lands partitioned pursuant to sections 640d-7 and
640d-2 or 640d-3 of this title.
(c) Completion of surveying, monumenting, and fencing operations and
livestock reduction program
(1) Surveying, monumenting, and fencing as required by subsection (b)
of this section shall be completed within twelve months after July 8,
1980, with respect to lands partitioned pursuant to section 640d-3 of
this title and within twelve months after a final order of partition
with respect to any lands partitioned pursuant to section 640d-7 of this
title.
(2) The livestock reduction program required under subsection (a) of
this section shall be completed within eighteen months after July 8,
1980.
(Pub. L. 93-531, 19, Dec. 22, 1974, 88 Stat. 1721; Pub. L. 96-305,
8, July 8, 1980, 94 Stat. 932.)
1980 -- Subsec. (c). Pub. L. 96-305 added subsec. (c).
25 USC 640d-19. Perpetual use of Cliff Spring as shrine for religious
ceremonial purposes; boundary; piping of water for use by residents
TITLE 25 -- INDIANS
The members of the Hopi Tribe shall have perpetual use of Cliff
Spring as shown on USGS 7 1/2 minute Quad named Toh Ne Zhonnie Spring,
Arizona, Navajo County, dated 1968; and located 1,250 feet west and 200
feet south of the intersection of 36 degrees, 17 minutes, 30 seconds
north latitude and 110 degrees, 9 minutes west longitude, as a shrine
for religious ceremonial purposes, together with the right to gather
branches of fir trees growing within a 2-mile radius of said spring for
use in such religious ceremonies, and the further right of ingress,
egress, and regress between the Hopi Reservation and said spring. The
Hopi Tribe is hereby authorized to fence said spring upon the boundary
line as follows:
Beginning at a point on the 36 degrees, 17 minutes, 30 seconds north
latitude 500 feet west of its intersection with 110 degrees, 9 minutes
west longitude, the point of beginning;
thence north 46 degrees west, 500 feet to a point on the rim top at
elevation 6,900 feet;
thence southwesterly 1,200 feet (in a straight line) following the
6,900 feet contour;
thence 46 degrees east, 600 feet;
thence north 38 degrees east, 1,300 feet to the point of beginning,
23.8 acres more or less: Provided, That, if and when such spring is
fenced, the Hopi Tribe shall pipe the water therefrom to the edge of the
boundary as hereinabove described for the use of residents of the area.
The natural stand of fir trees within such 2-mile radius shall be
conserved for such religious purposes.
(Pub. L. 93-531, 20, Dec. 22, 1974, 88 Stat. 1722.)
25 USC 640d-20. Use and right of access to religious shrines on
reservation of other tribe
TITLE 25 -- INDIANS
Notwithstanding anything contained in this subchapter to the
contrary, the Secretary shall make reasonable provision for the use of
and right of access to identified religious shrines for the members of
each tribe on the reservation of the other tribe where such use and
access are for religious purposes.
(Pub. L. 93-531, 21, Dec. 22, 1974, 88 Stat. 1722.)
25 USC 640d-21. Payments not to be considered as income for
eligibility under any other Federal or federally assisted program or for
assistance under Social Security Act or for revenue purposes
TITLE 25 -- INDIANS
The availability of financial assistance or funds paid pursuant to
this subchapter may not be considered as income or resources or
otherwise utilized as the basis (1) for denying a household or member
thereof participation in any federally assisted housing program or (2)
for denying or reducing the financial assistance or other benefits to
which such household or member would otherwise be entitled to under the
Social Security Act (42 U.S.C. 301 et seq.) or any other Federal or
federally assisted program. None of the funds provided under this
subchapter shall be subject to Federal or State income taxes.
(Pub. L. 93-531, 22, Dec. 22, 1974, 88 Stat. 1722.)
The Social Security Act, referred to in text, is act Aug. 14, 1935,
ch. 531, 49 Stat. 620, as amended, which is classified generally to
chapter 7 ( 301 et seq.) of Title 42, The Public Health and Welfare.
For complete classification of this Act to the Code, see section 1305 of
Title 42 and Tables.
25 USC 640d-22. Authorization for exchange of reservation lands;
availability of additional relocation benefits; restrictions
TITLE 25 -- INDIANS
The Navajo and Hopi Tribes are hereby authorized to exchange lands
which are part of their respective reservations. In the event that the
tribes should negotiate and agree on an exchange of lands pursuant to
authority granted herein the Commissioner shall make available 125 per
centum of the relocation benefits provided in sections 640d-13 and
640d-14 of this title to members of either tribe living on land to be
exchanged to other than his or her own tribe, except that such benefits
shall be available only if, within one hundred and eighty days of the
agreement, a majority of the adult members of the tribe who would be
eligible to relocate from exchanged lands sign a contract with the
Commissioner to relocate within twelve months of the agreement or such
later time as determined by the Commissioner and such additional
benefits shall only be paid to those who actually relocate within such
period.
(Pub. L. 93-531, 23, Dec. 22, 1974, 88 Stat. 1722; Pub. L. 96-305,
9, July 8, 1980, 94 Stat. 933; Pub. L. 100-666, 4(b), Nov. 16, 1988,
102 Stat. 3930.)
1988 -- Pub. L. 100-666 substituted ''Commissioner'' for
''Commission'' wherever appearing.
1980 -- Pub. L. 96-305 inserted provision authorizing the
Commission, in the event that the tribes agree on an exchange of lands,
to make available 125 per centum of the relocation benefits provided in
sections 640d-13 and 640d-14 of this title to members of either tribe
living on lands to be exchanged to other than his or her own tribe,
provided that within 180 days of the agreement, a majority of the adult
members of the tribe who would be eligible to relocate from exchanged
lands contract with the Commission to relocate within 12 months of the
agreement or such later time as the Commission determines and to pay
these additional benefits only to those who actually relocate within
such period.
25 USC 640d-23. Separability
TITLE 25 -- INDIANS
If any provision of this subchapter, or the application of any
provision to any person, entity or circumstance, is held invalid, the
remainder of this subchapter shall not be affected thereby.
(Pub. L. 93-531, 24, Dec. 22, 1974, 88 Stat. 1722.)
25 USC 640d-24. Authorization of appropriations
TITLE 25 -- INDIANS
(a) Purposes; amounts
(1) For the purpose of carrying out the provisions of section 640d-14
of this title, there is hereby authorized to be appropriated not to
exceed $31,500,000.
(2) For the purpose of carrying out the provisions of section
640d-18(a) of this title, there is hereby authorized to be appropriated
not to exceed $10,000,000.
(3) For the purpose of carrying out the provisions of section
640d-18(b) of this title, there is hereby authorized to be appropriated
not to exceed $500,000.
(4) For the purpose of carrying out the provisions of section
640d-13(b) of this title, there is hereby authorized to be appropriated
not to exceed $13,000,000.
(5) There is hereby authorized to be appropriated annually not to
exceed $4,000,000 for the expenses of the Commissioner.
(6) There is hereby authorized to be appropriated not to exceed
$500,000 for the services and expenses of the Mediator and the
assistants and consultants retained by him: Provided, That, any
contrary provision of law notwithstanding, until such time as funds are
appropriated and made available pursuant to this authorization, the
Director of the Federal Mediation and Conciliation Service is authorized
to provide for the services and expenses of the Mediator from any other
appropriated funds available to him and to reimburse such appropriations
when funds are appropriated pursuant to this authorization, such
reimbursement to be credited to appropriations currently available at
the time of receipt thereof.
(7) For the purpose of carrying out the provisions of subsection (i)
of section 640d-28 of this title, there is authorized to be
appropriated, effective in fiscal year 1981, not to exceed $1,000,000
annually.
(8) For the purposes of carrying out the provisions of section
640d-14 of this title, there is authorized to be appropriated not to
exceed $30,000,000 annually for fiscal years 1989, 1990, 1991, 1992,
1993, 1994, and 1995.
(b) Availability of sums
The funds appropriated pursuant to the authorizations provided in
this subchapter shall remain available until expended.
(Pub. L. 93-531, 25, Dec. 22, 1974, 88 Stat. 1722; Pub. L. 96-40,
July 30, 1979, 93 Stat. 318; Pub. L. 96-305, 10, July 8, 1980, 94
Stat. 933; Pub. L. 98-48, July 13, 1983, 97 Stat. 244; Pub. L.
100-666, 2, 4(b), Nov. 16, 1988, 102 Stat. 3929, 3930; Pub. L.
102-180, 2, Dec. 2, 1991, 105 Stat. 1230.)
1991 -- Subsec. (a)(8). Pub. L. 102-180 substituted ''1991, 1992,
1993, 1994, and 1995'' for ''and 1991''.
1988 -- Subsec. (a)(4). Pub. L. 100-666, 2(1), substituted
''$13,000,000'' for ''$7,700,000''.
Subsec. (a)(5). Pub. L. 100-666, 4(b), substituted ''Commissioner''
for ''Commission''.
Subsec. (a)(8). Pub. L. 100-666, 2(2), substituted ''$30,000,000
annually for fiscal years 1989, 1990, and 1991'' for ''$15,000,000
annually for fiscal years 1983 through 1987''.
1983 -- Subsec. (a)(4). Pub. L. 98-48, 1, substituted
''$7,700,000'' for ''$5,500,000''.
Subsec. (a)(8). Pub. L. 98-48, 2, added par. (8).
1980 -- Subsec. (a)(5). Pub. L. 96-305, 10(a), substituted
''$4,000,000'' for ''$1,000,000''.
Subsec. (a)(7). Pub. L. 96-305, 10(b), added par. (7).
1979 -- Subsec. (a)(5). Pub. L. 96-40 substituted ''$1,000,000'' for
''$500,000''.
25 USC 640d-25. Discretionary fund to expedite relocation efforts
TITLE 25 -- INDIANS
(a) Authorization of appropriations
To facilitate and expedite the relocation efforts of the
Commissioner, there is hereby authorized to be appropriated annually,
effective in fiscal year 1981, not to exceed $6,000,000 as a
discretionary fund.
(b) Authorized uses
Funds appropriated under the authority of subsection (a) of this
section may be used by the Commissioner for grants, contracts, or
expenditures which significantly assist the Commissioner or assist the
Navajo Tribe or Hopi Tribe in meeting the burdens imposed by this
subchapter.
(c) Funding and construction of Hopi high school and medical center
The Secretary of the Interior and the Secretary of Health and Human
Services, as appropriate, shall assign the highest priority, in the next
fiscal year after July 8, 1980, to the funding and construction of the
Hopi high school and Hopi medical center consistent with any plans
already completed and approved by appropriate agencies of the respective
departments.
(Pub. L. 93-531, 27, as added Pub. L. 96-305, 11, July 8, 1980, 94
Stat. 933, and amended Pub. L. 100-666, 3, 4(b), Nov. 16, 1988, 102
Stat. 3929, 3930.)
1988 -- Subsec. (a). Pub. L. 100-666, 4(b), substituted
''Commissioner'' for ''Commission''.
Subsec. (b). Pub. L. 100-666, 3, amended subsec. (b) generally.
Prior to amendment, subsec. (b) read as follows: ''Such funds may only
be used by the Commission to --
''(1) match or pay not to exceed 30 per centum of any grant,
contract, or other expenditure of the Federal Government, State or local
government, tribal government or chapter, or private organization for
the benefit of the Navajo or Hopi Tribe, if such grant, contract, or
expenditure would significantly assist the Commission in carrying out
its responsibilities or assist either tribe in meeting the burdens
imposed by this subchapter;
''(2) engage or participate, either directly or by contract, in
demonstration efforts to employ innovative energy or other technologies
in providing housing and related facilities and services in the
relocation and resettlement of individuals under this subchapter.
Not to exceed 5 per centum of such funds may be used for the
administrative expenses of the Commission in carrying out this
section.''
25 USC 640d-26. Implementation requirements
TITLE 25 -- INDIANS
(a) Environmental impact provisions
No action taken pursuant to, in furtherance of, or as authorized by
this subchapter, shall be deemed a major Federal action for purposes of
the National Environmental Policy Act of 1969, as amended (42 U.S.C.
4321 et seq.).
(b) Transfer of public lands
Any transfer of public lands pursuant to this subchapter shall be
made notwithstanding the provisions of sections 1782 and 1752(g) of
title 43.
(Pub. L. 93-531, 28, as added Pub. L. 96-305, 11, July 8, 1980, 94
Stat. 933.)
National Environmental Policy Act of 1969, as amended, referred to in
subsec. (a), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
amended, which is classified generally to chapter 55 ( 4321 et seq.) of
Title 42, The Public Health and Welfare. For complete classification of
this Act to the Code, see Short Title note set out under section 4321 of
Title 42 and Tables.
25 USC 640d-27. Attorney fees, costs and expenses for litigation or
court action
TITLE 25 -- INDIANS
(a) Payment by Secretary; authorization of appropriations
In any litigation or court action between or among the Hopi Tribe,
the Navajo Tribe and the United States or any of its officials,
departments, agencies, or instrumentalities, arising out of the
interpretation or implementation of this subchapter, as amended, the
Secretary shall pay, subject to the availability of appropriations,
attorney's fees, costs and expenses as determined by the Secretary to be
reasonable. For each tribe, there is hereby authorized to be
appropriated not to exceed $120,000 in fiscal year 1981, $130,000 in
fiscal year 1982, $140,000 in fiscal year 1983, $150,000 in fiscal year
1984, and $160,000 in fiscal year 1985, and each succeeding year
thereafter until such litigation or court action is finally completed.
(b) Award by court; reimbursement to Secretary
Upon the entry of a final judgment in any such litigation or court
action, the court shall award reasonable attorney's fees, costs and
expenses to the party, other than the United States or its officials,
departments, agencies, or instrumentalities, which prevails or
substantially prevails, where it finds that any opposing party has
unreasonably initiated or contested such litigation. Any party to whom
such an award has been made shall reimburse the United States out of
such award to the extent that it has received payments pursuant to
subsection (a) of this section.
(c) Excess difference between award of court and award of Secretary
treated as final judgment of Court of Claims
To the extent that any award made to a party against the United
States pursuant to subsection (b) of this section exceeds the amount
paid to such party by the United States pursuant to subsection (a) of
this section, such difference shall be treated as if it were a final
judgment of the Court of Claims under section 2517 of title 28.
(d) Litigation or court actions applicable
This section shall apply to any litigation or court action pending
upon July 8, 1980, in which a final order, decree, judgment has not been
entered, but shall not apply to any action authorized by section 640d-7
or 640d-17(a) of this title.
(Pub. L. 93-531, 29, as added Pub. L. 96-305, 11, July 8, 1980, 94
Stat. 934.)
The Court of Claims, referred to in subsec. (c), and the Court of
Customs and Patent Appeals were merged effective Oct. 1, 1982, into a
new United States Court of Appeals for the Federal Circuit by Pub. L.
97-164, Apr. 2, 1982, 96 Stat. 25, which also created a United States
Claims Court (now United States Court of Federal Claims) that inherited
the trial jurisdiction of the Court of Claims. See sections 48, 171 et
seq., 791 et seq., and 1491 et seq. of Title 28, Judiciary and Judicial
Procedure.
25 USC 640d-28. Life estates
TITLE 25 -- INDIANS
(a) Omitted
(b) Application for lease; contents; filing date; extension
Any Navajo head of household who desires to do so may submit an
application for a life estate lease to the Commissioner. Such
application shall contain such information as the Commissioner may
prescribe by regulation, such regulation to be promulgated by the
Commissioner within ninety days of July 8, 1980. To be considered, such
application must be filed with the Commissioner on or before April 1,
1981: Provided, That the Commissioner may, for good cause, grant an
extension of one hundred and eighty days.
(c) Application groupings
Upon receipt of applications filed pursuant to this section, the
Commissioner shall group them in the following order:
(A) Applicants who are determined to be at least 50 per centum
disabled as certified by a physician approved by the Commissioner. Such
applicants shall be ranked in the order of the severity of their
disability.
(B) Applicants who are not at least 50 per centum disabled shall be
ranked in order of their age with oldest listed first and the youngest
listed last: Provided, That, if any applicant physically resides in
quarter quad Nos. 78 NW, 77 NE, 77 NW, 55 SW, or 54 SE as designated on
the Mediator's partition map, such applicant shall be given priority
over another applicant of equal age.
(C) Applicants who did not, as of December 22, 1974, and continuously
thereafter, maintain a separate place of abode and actually remain
domiciled on Hopi partitioned lands, and who, but for this subsection
would be required to relocate, shall be rejected by the Commissioner.
(D) Applicants who were not at least forty-nine years of age on
December 22, 1974, or are not at least 50 per centum disabled, shall
also be rejected by the Commissioner.
(d) Number of leases; priorities
The Commissioner shall have authority to award life estate leases to
not more than one hundred and twenty applicants with first priority
being given to applicants listed pursuant to subsection (c)(A) of this
section and the next priority being given to the applicants listed
pursuant to subsection (c)(B) of this section, in order of such listing.
(e) Area; allowable livestock; assistance by Secretary in feeding
livestock
Each life estate lease shall consist of a fenced area not exceeding
ninety acres of land which shall include the life tenant's present
residence and may be used by the life tenant to feed not to exceed
twenty-five sheep units per year or equivalent livestock. The
Secretary, under existing authority, shall make available to life estate
tenants such assistance during that tenure, as may be necessary to
enable such tenant to feed such livestock at an adequate nutritional
level.
(f) Individuals permitted to reside; regulations
No person may reside on a life estate other than the life tenant, his
or her spouse, and minor dependents, and/or such persons who are
necessarily present to provide for the care of the life tenant. The
Commissioner shall promulgate regulations to carry out the intent of
this subsection.
(g) Termination
The life estate tenure shall end by voluntary relinquishment, or at
the death of the life tenant or the death of his or her spouse,
whichever occurs last: Provided, That each survivorship right shall
apply only to those persons who were lawfully married to each other on
or before July 8, 1980.
(h) Relocation benefits upon voluntary relinquishment; compensation
upon death of life tenant or surviving spouse; relocation of dependents
Nothing in this section shall be construed as prohibiting any such
applicant who receives a life estate lease under this section from
relinquishing, prior to its termination, such estate at any time and
voluntarily relocating. Upon voluntary relinquishment of such estate,
by such means or instrument as the Secretary shall prescribe, such
applicant shall be entitled to relocation benefits from the Secretary
comparable to those provided by section 640d-14 of this title. For life
estates terminated by the death of the life tenant or his or her
surviving spouse, compensation shall be paid to the estate of the
deceased life tenant or surviving spouse based on the fair market value
of the habitation and improvements at the time of the expiration of such
tenure and not before. Such payment shall be in lieu of any other
payment pursuant to subsection (a) of section 640d-14 of this title.
Assistance provided pursuant to section 640d-14(b) of this title, shall
be paid to any head of household lawfully residing on such life estate
pursuant to subsection (f) of this section who is required to move by
the termination of such life estate by the death of the life tenant and
his or her surviving spouse and who does not maintain a residence
elsewhere. Compensation under section 640d-14(a) of this title shall be
paid and distributed in accordance with the last will and testament of
the life tenant or surviving spouse or, in the event no valid last will
and testament is left, compensation shall be paid and distributed to his
or her heirs in accordance with existing Federal law. Upon termination
of a life estate by whatever means, the dependents residing with the
individuals having such life estate so terminated shall have ninety days
following such termination within which to relocate.
(i) Payment of fair market rental value
The Secretary shall pay, on an annual basis, the fair market rental
value of such life estate leases to the tribe to whom the lands leased
were partitioned.
(j) Improvements
Nothing in this subchapter or any other law shall be construed to
prevent a life tenant from making reasonable improvements on the life
estate which are related to the residence and agricultural purposes of
the life tenancy.
(k) Additional leases for Hopi heads of household
The Commissioner is authorized to grant not to exceed ten additional
life estate leases to Hopi heads of household residing on
Navajo-partitioned lands under such terms of this section as may be
appropriate.
(Pub. L. 93-531, 30, as added Pub. L. 96-305, 11, July 8, 1980, 94
Stat. 934; amended Pub. L. 100-666, 4(b), Nov. 16, 1988, 102 Stat.
3930.)
Subsec. (a) provided for the repeal of section 640d-4(a)(4) of this
title.
1988 -- Subsecs. (b) to (d), (f), (k). Pub. L. 100-666 substituted
''Commissioner'' for ''Commission'' wherever appearing.
25 USC 640d-29. Restrictions on lobbying; exception
TITLE 25 -- INDIANS
(a) Except as provided in subsection (b) of this section, no person
or entity who has entered into a contract with the Commissioner to
provide services under this subchapter may engage in activities designed
to influence Federal legislation on any issue relating to the relocation
required under this subchapter.
(b) Subsection (a) of this section shall not apply to the Navajo
Tribe or the Hopi Tribe, except that such tribes shall not spend any
funds received from the Office in any activities designed to influence
Federal legislation.
(Pub. L. 93-531, 31, as added Pub. L. 100-666, 5, Nov. 16, 1988,
102 Stat. 3931.)
25 USC 640d-30. Navajo Rehabilitation Trust Fund
TITLE 25 -- INDIANS
(a) Establishment
There is hereby established in the Treasury of the United States a
trust fund to be known as the ''Navajo Rehabilitation Trust Fund'',
which shall consist of the funds transferred under subsection (b) of
this section and of the funds appropriated pursuant to subsection (f) of
this section and any interest or investment income accrued on such
funds.
(b) Deposit of income into Fund
All of the net income derived by the Navajo Tribe from the surface
and mineral estates of lands located in New Mexico that are acquired for
the benefit of the Navajo Tribe under section 640d-10 of this title
shall be deposited into the Navajo Rehabilitation Trust Fund.
(c) Secretary as trustee; investment of funds
The Secretary shall be the trustee of the Navajo Rehabilitation Trust
Fund and shall be responsible for investment of the funds in such Trust
Fund.
(d) Availability of funds; purposes
Funds in the Navajo Rehabilitation Trust Fund, including any interest
or investment accruing thereon, shall be available to the Navajo Tribe,
with the approval of the Secretary, solely for purposes which will
contribute to the continuing rehabilitation and improvement of the
economic, educational, and social condition of families, and Navajo
communities, that have been affected by --
(1) the decison /1/ in the Healing case, or related proceedings,
(2) the provision /2/ of this subchapter, or
(3) the establishment by the Secretary of the Interior of grazing
district number 6 as land for the exclusive use of the Hopi Tribe.
(e) Conceptual framework for expenditure of funds
By December 1, 1989, the Secretary of the Interior, with the advice
of the Navajo Tribe and the Office of Navajo and Hopi Indian Relocation,
shall submit to the Congress a conceptual framework for the expenditure
of the funds authorized for the Navajo Rehabilitation Trust Fund. Such
framework is to be consistent with the purposes described in subsection
(d) of this section.
(f) Termination of Trust Fund
The Navajo Rehabilitation Trust Fund shall terminate when, upon
petition by the Navajo Tribe, the Secretary determines that the goals of
the Trust Fund have been met and the United States has been reimbursed
for funds appropriated under subsection (f) of this section. All funds
in the Trust Fund on such date shall be transferred to the general trust
funds of the Navajo Tribe.
(g) Authorization of appropriations; reimbursement of General Fund
There is hereby authorized to be appropriated for the Navajo
Rehabilitation Trust Fund not /3/ exceed $10,000,000 in each of fiscal
years 1990, 1991, 1992, 1993, 1994 and 1995. The income from the land
referred to in subsection (b) of this section shall be used to reimburse
the General Fund of the United States Treasury for amounts appropriated
to the Fund.
(Pub. L. 93-531, 32, as added Pub. L. 100-666, 7, Nov. 16, 1988,
102 Stat. 3932; amended Pub. L. 101-121, title I, 120, Oct. 23, 1989,
103 Stat. 722.)
Another section 32 of Pub. L. 93-531 was enacted by Pub. L.
100-696, title IV, 407, Nov. 18, 1988, 102 Stat. 4593, and is
classified to section 640d-31 of this title.
1989 -- Subsecs. (e) to (g). Pub. L. 101-121 added subsec. (e) and
redesignated former subsecs. (e) and (f) as (f) and (g), respectively.
/1/ So in original. Probably should be ''decision''.
/2/ So in original. Probably should be ''provisions''.
/3/ So in original. Probably should be ''not to''.
25 USC 640d-31. Residence of families eligible for relocation
assistance
TITLE 25 -- INDIANS
Nothing in this subchapter prohibits the Commissioner from providing
relocation assistance to families certified as eligible, regardless of
their current place of residence, with funds appropriated to implement
this subchapter.
(Pub. L. 93-531, 32, as added Pub. L. 100-696, title IV, 407, Nov.
18, 1988, 102 Stat. 4593.)
Another section 32 of Pub. L. 93-531 was enacted by Pub. L.
100-666, 7, Nov. 16, 1988, 102 Stat. 3932, and is classified to
section 640d-30 of this title.
25 USC SUBCHAPTER XXIII -- HOPI TRIBE: INDUSTRIAL PARK
TITLE 25 -- INDIANS
25 USC 641. Congressional findings and declaration of purpose
TITLE 25 -- INDIANS
For the purpose of assisting in the economic advancement and
contributing to the general welfare of the Hopi Indian Tribe of Arizona,
the Congress hereby finds it to be fitting and appropriate to provide
the Hopi Tribal Council with certain powers of self-determination that
are necessary to enable the Hopi people to carry out the effective
development and operation of the Hopi Industrial Park, which is located
in the counties of Navajo and Coconino in the State of Arizona.
(Pub. L. 91-264, 1, May 22, 1970, 84 Stat. 260.)
25 USC 642. Powers of Tribal Council
TITLE 25 -- INDIANS
The Hopi Tribal Council shall have the following powers:
(a) Sale of lands
To sell any part of the lands within the Hopi Industrial Park.
(b) Mortgages or deeds of trust; law governing mortgage foreclosure
or sale; United States as party; removal of cases; appeals
To execute mortgages upon, or deeds of trust to, the lands within
said Hopi Industrial Park. Such lands shall be subject to foreclosure
or sale pursuant to the terms of such mortgage or deed to trust in
accordance with the laws of the State of Arizona. The United States
shall be an indispensable party to, and may be joined in, any such
proceeding involving said lands with the right to remove the action to
the United States district court for the district in which the land is
situated, according to the procedure in section 1446 of title 28, and
the United States shall have the right to appeal from any order of
remand entered in such action.
(c) Pledge of revenue or other income to secure indebtedness for
development of park; law governing action to enforce pledge; United
States as party
To pledge any revenue or other income from lands within said Hopi
Industrial Park, and the improvements situated thereon, and any other
revenue or income that may be available to the Hopi Tribe without regard
to source, to secure any indebtedness of the Hopi Tribe incurred in the
development of said Hopi Industrial Park, and any action to enforce said
pledge shall be in accordance with the laws of the State of Arizona, and
the United States shall be an indispensable party thereto to the same
extent and under the same conditions as hereinbefore provided in the
case of mortgage foreclosures.
(d) Issuance of bonds and payment of costs thereof; sale of bonds at
public or private sale
To issue bonds for and on behalf of the Hopi Tribe, and pay the costs
thereof, to accomplish the purposes of this subchapter, in one or more
series, in such denomination or denominations, maturing at such time or
times, and in such amount or amounts, bearing interest at such rate or
rates, in such form either coupon or registered, to be executed in such
manner, payable in such medium of payment, at such place or places,
subject to such terms of redemption, with or without premium, and
containing such other restrictive terms as may be provided by tribal
ordinance. Such bonds may be sold at not less than par at either public
or private sale and shall be fully negotiable.
(e) Appointment of bank or trust company as trustee for purposes of
authorization and creation of issue of bonds; authority to commence
action to enforce obligations to tribe without joining United States as
party
To appoint a bank or trust company with its home office in the State
of Arizona having an officially reported combined capital, surplus,
undivided profits and reserves aggregating not less than $10,000,000 as
trustee for all of the purposes provided in the ordinance authorizing
and creating any issue of bonds. Any trustee so appointed may be
authorized to commence an action for and on behalf of, or on relation
of, the Hopi Tribe to enforce any obligation to the tribe pledged to
secure payment of the bonds without joining the United States as a party
thereto.
(f) Entering business ventures as shareholder, or as limited partner
with corporation, firm or person operating within park
To enter into any business venture as a shareholder of a corporation
issuing nonassessable stock, or as a limited partner with any
corporation, firm or person operating within said Hopi Industrial Park.
(g) Lease of lands and improvements thereon
To lease lands within the Hopi Industrial Park, any other tribal
lands, and the improvements thereon, in accordance with the provisions
of Federal laws.
(Pub. L. 91-264, 2, May 22, 1970, 84 Stat. 260.)
25 USC 643. Council's powers subject to approval by Secretary
TITLE 25 -- INDIANS
The exercise of all powers granted the Hopi Tribal Council by this
subchapter shall be subject to the approval of the Secretary of the
Interior, or his duly authorized representatives.
(Pub. L. 91-264, 3, May 22, 1970, 84 Stat. 261.)
25 USC 644. Bonds as valid and binding obligations
TITLE 25 -- INDIANS
Bonds issued by authority of this subchapter and bearing the
signatures of tribal officers in office on the date of the signing
thereof shall be valid and binding obligations, not withstanding that
before the delivery thereof and payment therefor any or all of the
persons whose signatures appear thereon have ceased to be officers of
the Hopi Tribal Council.
(Pub. L. 91-264, 4, May 22, 1970, 84 Stat. 261.)
25 USC 645. Exemption from taxation
TITLE 25 -- INDIANS
All bonds issued by the Hopi Tribal Council for and on behalf of the
Hopi Tribe and the interest provided in said bonds shall be exempt from
taxation to the same extent they would have been exempt if the bonds had
been issued by the State of Arizona or a political subdivision thereof.
(Pub. L. 91-264, 5, May 22, 1970, 84 Stat. 261.)
25 USC 646. Exempted securities
TITLE 25 -- INDIANS
Any securities issued by the Hopi Tribal Council (including any
guarantee by such council), and any securities guaranteed by the council
as to both principal and interest, shall be deemed to be exempted
securities within the meaning of sections 77c(a)(2) and 78e(a)(12) of
title 15, and shall be exempt from all registration requirements of Acts
of May 27, 1933, and June 6, 1934.
(Pub. L. 91-264, 6, May 22, 1970, 84 Stat. 261.)
Acts of May 27, 1933, and June 6, 1934, referred to in text, were in
the original ''said Acts'', meaning act May 27, 1933, ch. 38, 48 Stat.
74, as amended, and act June 6, 1934, ch. 404, 48 Stat. 881, as
amended, which are known as the Securities Act of 1933 and the
Securities Exchange Act of 1934, respectively. Act May 27, 1933, is
classified generally to chapter 2A ( 77a et seq.) of Title 15, Commerce
and Trade, and act June 6, 1934, is classified principally to chapter 2B
( 78a et seq.) of Title 15. For complete classification of these Acts
to the Code, see Tables.
25 USC SUBCHAPTER XXIV -- HUALAPI TRIBE
TITLE 25 -- INDIANS
25 USC 647. Disposition of judgment fund; deductions; advances,
expenditures, investments or reinvestments for authorized purposes
TITLE 25 -- INDIANS
The unexpended balance of funds on deposit in the Treasury of the
United States to the credit of the Hualapai Tribe of Indians that were
appropriated to pay a judgment granted by the Indian Claims Commission
in dockets Numbered 90 and 122, and the interest thereon, less payment
of attorney fees and expenses, may be advanced, expended, invested or
reinvested for any purpose that is authorized by the tribal governing
body and approved by the Secretary of the Interior.
(Pub. L. 91-400, 1, Sept. 16, 1970, 84 Stat. 838.)
The Indian Claims Commission, referred to in text, terminated Sept.
30, 1978. See Codification note set out under former section 70 et seq.
of this title.
25 USC 648. Tax exemption
TITLE 25 -- INDIANS
Any part of such funds that may be distributed to members of the
tribe shall not be subject to Federal or State income tax.
(Pub. L. 91-400, 2, Sept. 16, 1970, 84 Stat. 838.)
25 USC 649. Rules and regulations
TITLE 25 -- INDIANS
The Secretary of the Interior is authorized to prescribe rules and
regulations to carry out the provisions of this subchapter.
(Pub. L. 91-400, 3, Sept. 16, 1970, 84 Stat. 838.)
25 USC SUBCHAPTER XXV -- INDIANS OF CALIFORNIA
TITLE 25 -- INDIANS
25 USC 651. ''Indians of California'' defined
TITLE 25 -- INDIANS
For the purposes of this subchapter the Indians of California shall
be defined to be all Indians who were residing in the State of
California on June 1, 1852, and their descendants now living in said
State.
(May 18, 1928, ch. 624, 1, 45 Stat. 602.)
Pub. L. 102-416, Oct. 14, 1992, 106 Stat. 2131, provided for the
establishment of Advisory Council on California Indian Policy,
consisting of 18 members, to develop list of tribes, to conduct a study
of policies and programs affecting California Indians, and to submit a
report on the study no later than 18 months after first meeting of the
Council, authorized the Council to appoint staff, hold hearings,
establish task forces, accept funding from sources other than Federal
government, and secure information from other Federal agencies, provided
for termination of the Council 180 days after the report is submitted,
and authorized $700,000 in appropriations to carry out the provisions of
this Act.
Act June 8, 1954, ch. 271, 2, 68 Stat. 240, directed Secretary of
the Interior to transmit to Congress on or before Aug. 31, 1955, a full
and complete report of funds used and purposes accomplished to carry out
provisions of this Act (amending section 657 of this title) and act
approved May 18, 1928 (45 Stat. 602), as amended by acts of April 29,
1930 (46 Stat. 259); and June 30, 1948 (62 Stat. 1166); and May 24,
1950 (64 Stat. 189) (this subchapter).
25 USC 652. Claims against United States for appropriated lands;
submission to United States Court of Federal Claims; appeal; grounds
for relief
TITLE 25 -- INDIANS
All claims of whatsoever nature the Indians of California as defined
in section 651 of this title may have against the United States by
reason of lands taken from them in the State of California by the United
States without compensation, or for the failure or refusal of the United
States to compensate them for their interest in lands in said State
which the United States appropriated to its own purposes without the
consent of said Indians, may be submitted to the United States Court of
Federal Claims by the attorney general of the State of California acting
for and on behalf of said Indians for determination of the equitable
amount due said Indians from the United States; and jurisdiction is
conferred upon the United States Court of Federal Claims, /1/ to hear
and determine all such equitable claims of said Indians against the
United States and to render final decree thereon.
It is declared that the loss to the said Indians on account of their
failure to secure the lands and compensation provided for in the
eighteen unratified treaties is sufficient ground for equitable relief.
(May 18, 1928, ch. 624, 2, 45 Stat. 602; Apr. 2, 1982, Pub. L.
97-164, title I, 150, 96 Stat. 46; June 27, 1988, Pub. L. 100-352,
6(b), 102 Stat. 663; Oct. 29, 1992, Pub. L. 102-572, title IX,
902(b)(1), 106 Stat. 4516.)
1992 -- Pub. L. 102-572 substituted ''United States Court of Federal
Claims'' for ''United States Claims Court'' in two places.
1988 -- Pub. L. 100-352 struck out '', with the right of either
party to appeal to the United States Court of Appeals for the Federal
Circuit'' before '', to hear and determine''.
1982 -- Pub. L. 97-164 substituted ''United States Claims Court''
for ''Court of Claims'' and for ''Court of Claims of the United States''
and substituted ''United States Court of Appeals for the Federal
Circuit'' for ''Supreme Court of the United States''.
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of Title
28, Judiciary and Judicial Procedure.
Amendment by Pub. L. 100-352 effective ninety days after June 27,
1988, except that such amendment not to apply to cases pending in
Supreme Court on such effective date or affect right to review or manner
of reviewing judgment or decree of court which was entered before such
effective date, see section 7 of Pub. L. 100-352, set out as a note
under section 1254 of Title 28, Judiciary and Judicial Procedure.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of Title 28,
Judiciary and Judicial Procedure.
/1/ So in original. The comma probably should not appear.
25 USC 653. Statutes of limitations unavailable against claims;
amount of decree; set-off
TITLE 25 -- INDIANS
If any claim or claims be submitted to said courts, they shall settle
the equitable rights therein, notwithstanding lapse of time or statutes
of limitation or the fact that the said claim or claims have not been
presented to any other tribunal, including the commission created by the
Act of March 3, 1851 (Ninth Statutes at Large, page 631): Provided,
That any decree for said Indians shall be for an amount equal to the
just value of the compensation provided or proposed for the Indians in
those certain eighteen unratified treaties executed by the chiefs and
head men of the several tribes and bands of Indians of California and
submitted to the Senate of the United States by the President of the
United States for ratification on the 1st day of June, 1852, including
the lands described therein at $1.25 per acre. Any payment which may
have been made by the United States or moneys heretofore or hereafter
expended to date of award for the benefit of the Indians of California,
made under specific appropriations for the support, education, health,
and civilization of Indians in California, including purchases of land,
shall not be pleaded as an estoppel but may be pleaded by way of
set-off.
(May 18, 1928, ch. 624, 3, 45 Stat. 602.)
Act of March 3, 1851, referred to in text, is act Mar. 3, 1851, ch.
41, 9 Stat. 631, which was not classified to the Code.
25 USC 654. Claims presented by petition; filing date; amendment;
signature and verification; official letters, documents, etc.,
furnished
TITLE 25 -- INDIANS
The claims of the Indians of California under the provisions of this
subchapter shall be presented by petition, which shall be filed within
three years after May 18, 1928. Said petition shall be subject to
amendment. The petition shall be signed and verified by the attorney
general of the State of California. Verification may be upon
information and belief as to the facts alleged. Official letters,
papers, documents, and public records, or certified copies thereof, may
be used in evidence and the departments of the Government shall give the
said attorney access to such papers, correspondence, or furnish such
certified copies of record as may be necessary in the premises free of
cost.
(May 18, 1928, ch. 624, 4, 45 Stat. 602.)
25 USC 655. Reimbursement of State of California for necessary costs
and expenses
TITLE 25 -- INDIANS
In the event that the court renders judgment against the United
States under the provisions of this subchapter, it shall decree such
amount as it finds reasonable to be paid to the State of California to
reimburse the State for all necessary costs and expenses incurred by
said State, other than attorney fees: Provided, That no reimbursement
shall be made to the State of California for the services rendered by
its attorney general.
(May 18, 1928, ch. 624, 5, 45 Stat. 602.)
25 USC 656. Judgment amount deposited in Treasury to credit of
Indians; interest rate; use of fund
TITLE 25 -- INDIANS
The amount of any judgment shall be placed in the Treasury of the
United States to the credit of the Indians of California and shall draw
interest at the rate of 4 per centum per annum and shall be thereafter
subject to appropriation by Congress for educational, health,
industrial, and other purposes for the benefit of said Indians,
including the purchase of lands and building of homes, and no part of
said judgment shall be paid out in per capita payments to said Indians:
Provided, That the Secretary of the Treasury is authorized and directed
to pay to the State of California, out of the proceeds of the judgment
when appropriated, the amount decreed by the court to be due said State,
as provided in section 655 of this title.
(May 18, 1928, ch. 624, 6, 45 Stat. 603.)
25 USC 657. Revision of roll of Indians
TITLE 25 -- INDIANS
The Secretary of the Interior, under such regulations as he may
prescribe, is authorized and directed to revise the roll of the Indians
of California, as defined in section 651 of this title, which was
approved by him on May 16, 1933, in the following particulars: (a) By
adding to said roll the names of persons who filed applications for
enrollment as Indians of California on or before May 18, 1932, and who,
although determined to be descendants of the Indians residing in the
State of California on June 1, 1852, were denied enrollment solely on
the ground that they were not living in the State of California on May
18, 1928, and who were alive on May 24, 1950; (b) by adding to said
roll the names of persons who are descendants of the Indians residing in
the State of California on June 1, 1852, and who are the fathers,
mothers, brothers, sisters, uncles, or aunts of persons whose names
appear on said roll, and who were alive on May 24, 1950, irrespective of
whether such fathers, mothers, brothers, sisters, uncles, or aunts were
living in the State of California on May 18, 1928; (c) by adding to
said roll the names of persons born since May 18, 1928, and living on
May 24, 1950, who are the children or other descendants of persons whose
names appear on said roll, or of persons whose names are eligible for
addition to said roll under clauses (a) or (b) of this section, or of
persons dying prior to May 24, 1950, whose names would have been
eligible for addition to said roll under clauses (a) or (b) of this
section if such persons had been alive on May 24, 1950; and (d) by
removing from said roll the names of persons who have died since May 18,
1928, and prior to May 24, 1950. Persons entitled to enrollment under
clause (a) of this section shall be enrolled by the Secretary of the
Interior without further application. Persons claiming to be entitled
to enrollment under clauses (b) or (c) of this section shall, within one
year after May 24, 1950, make an application in writing to the Secretary
of the Interior for enrollment, unless they have previously filed such
an application under this section. For the purposes of clause (d) of
this section, when the Secretary of the Interior is satisfied that
reasonable and diligent efforts have been made to locate a person whose
name is on said roll and that such person cannot be located, he may
presume that such person died prior to May 24, 1950, and his presumption
shall be conclusive. The Secretary of the Interior shall prepare not
less than five hundred copies of an alphabetical list of the Indians of
California whose names appear on the roll approved on May 16, 1933,
giving the name, address, and age at time of enrollment of each such
enrollee, together with such other factual information, if any, as the
Secretary may deem advisable as tending to identify each enrollee, and
shall distribute copies of this list to the various communities of
California Indians. The Indians of California in each community may
elect a committee of three enrollees who may aid the enrolling agent in
any matters relating to the revision of said roll. After the expiration
of the period allowed by this section for filing applications, the
Secretary of the Interior shall have until June 30, 1955, to approve and
promulgate the revised roll of the Indians of California provided for in
this section. Upon such approval and promulgation, the roll shall be
closed and thereafter no additional names shall be added thereto.
(May 18, 1928, ch. 624, 7, 45 Stat. 603; Apr. 29, 1930, ch. 222, 46
Stat. 259; June 30, 1948, ch. 765, 1, 62 Stat. 1166; May 24, 1950,
ch. 196, 1, 64 Stat. 189; June 8, 1954, ch. 271, 1, 68 Stat. 240.)
1954 -- Act June 8, 1954, inserted sentence providing for presumption
of death, for purposes of cl. (d), after failure to locate, and
extended to June 30, 1955, time for approving and promulgating revised
roll.
1950 -- Act May 24, 1950, permitted revision of roll to include
certain classes of Indians not previously eligible for inclusion.
1948 -- Act June 30, 1948, amended section generally to permit
Secretary of the Interior to revise roll of Indians.
1930 -- Act Apr. 29, 1930, increased time within which an Indian
could make application to be enrolled, and increased time within which
Secretary of the Interior could alter and revise roll.
Section 2 of act June 30, 1948, authorized $25,000 for the Secretary
of the Interior to be used to defray the expense incurred in revising
the roll as provided for in this section.
25 USC 658. Distribution of $150 from fund to each enrolled Indian
TITLE 25 -- INDIANS
Notwithstanding the provisions of section 656 of this title, the
Secretary of the Interior, under such regulations as he may prescribe,
is authorized and directed to distribute per capita the sum of $150 to
each Indian of California living on May 24, 1950, who is now or may
hereafter be enrolled under sections 651 and 657 of this title. The
Secretary of the Interior may, in his discretion, make such distribution
from time to time to persons on the roll of the Indians of California
approved on May 16, 1933, as he identifies such enrollees, before the
completion of the revised roll provided for in section 657 of this
title. The Secretary of the Interior is authorized to withdraw from the
fund on deposit in the Treasury of the United States arising from the
judgment in favor of the Indians of California entered by the Court of
Claims on December 4, 1944, and appropriated for them by section 203 of
the Act of April 25, 1945 (59 Stat. 77), such sums as may be necessary
to make the per capita payments required by this section, including not
to exceed $15,000 for the purpose of defraying the expenses incident to
carrying out the provisions of sections 657 and 658 of this title. Such
payments shall be made out of the accumulated interest on such judgment
fund and so much of the principal thereof as is necessary to complete
the payments. The money paid to enrollees pursuant to this section
shall not be subject to any lien or claim of any nature against any such
persons, except for debts owing to the United States.
(May 24, 1950, ch. 196, 2, 64 Stat. 190.)
The Court of Claims, referred to in text, and the Court of Customs
and Patent Appeals were merged effective Oct. 1, 1982, into a new
United States Court of Appeals for the Federal Circuit by Pub. L.
97-164, Apr. 2, 1982, 96 Stat. 25, which also created a United States
Claims Court (now United States Court of Federal Claims) that inherited
the trial jurisdiction of the Court of Claims. See sections 48, 171 et
seq., 791 et seq., and 1491 et seq. of Title 28, Judiciary and Judicial
Procedure.
Section 203 of the Act of April 25, 1945, referred to in text, is
section 203 of act Apr. 25, 1945, ch. 95, title II, 59 Stat. 94,
which was not classified to the Code.
Section was not enacted as part of act May 18, 1928, ch. 624, 45
Stat. 602, which comprises this subchapter.
25 USC 659. Distribution of judgment fund
TITLE 25 -- INDIANS
(a) Preparation of Indian roll
The Secretary of the Interior shall prepare a roll of persons of
Indian blood who apply for inclusion thereon and (i) whose names or the
name of a lineal or collateral relative appears on any of the approved
rolls heretofore prepared pursuant to this subchapter and the amendments
thereto or (ii) who can establish, to the satisfaction of the Secretary,
lineal or collateral relationship to an Indian who resided in California
on June 1, 1852, and (iii) who were born on or before and were living on
September 21, 1968.
(b) Contents
The roll so prepared shall indicate, as nearly as possible, the group
or groups of Indians of California with which the ancestors of each
enrollee were affiliated on June 1, 1852. If the affiliation of an
enrollee's ancestors on that date is unknown, it shall be presumed to be
the same as that of the ancestors' relatives whose affiliation is known
unless there is sound reason to believe otherwise. Applicants whose
ancestry is derived partly from one of the groups named in section
660(b) of this title and partly from another group of Indians in
California shall elect the affiliation to be shown for them on the roll.
(c) Application for enrollment
Application for enrollment shall be filed with the Area Director of
the Bureau of Indian Affairs, Sacramento, California, on forms
prescribed for that purpose.
(Pub. L. 90-507, 1, Sept. 21, 1968, 82 Stat. 860.)
Section was not enacted as part of act May 18, 1928, ch. 624, 45
Stat. 602, which comprises this subchapter.
25 USC 660. Equal share distribution of 1964 appropriation
TITLE 25 -- INDIANS
(a) Persons covered; amounts
The Secretary shall distribute to each person whose name appears on
the roll prepared pursuant to section 659 of this title, except those
whose ancestry is derived from one or more of the groups named in
subsection (b) of this section, an equal share of the moneys which were
appropriated by the Act of October 7, 1964 (78 Stat. 1033), in
satisfaction of the judgment of the Indian Claims Commission in
consolidated dockets numbered 31, 37, 80, 80-D, and 347, plus the
interest earned thereon, minus attorneys fees, litigation expenses
(including the reimbursement of funds expended under authority of the
Acts of July 1, 1946 (60 Stat. 348), August 4, 1955 (69 Stat. 460), and
July 14, 1960 (74 Stat. 512)), a proper share of the costs of roll
preparation, and such amounts as may be required to effect the
distribution.
(b) Persons excepted
Persons whose ancestry is derived solely from one or more of the
following groups and persons of mixed ancestry who elected to share,
other than as heirs or legatees of enrollees, in any award granted to
any of the following groups shall not share in the funds distributed
pursuant to subsection (a) of this section: Northern Paiute, Southern
Paiute, Mohave, Quechan (Yuma), Chemehuevi, Shoshone, Washoe, Klamath,
Modoc, and Yahooskin Band of Snakes.
(Pub. L. 90-507, 2, Sept. 21, 1968, 82 Stat. 860.)
Act of October 7, 1964, referred to in subsec. (a), is act Oct. 7,
1964, Pub. L. 88-635, 78 Stat. 1033, known as the Supplemental
Appropriation Act, 1965. That portion of the act which appropriated the
funds referred to was not classified to the Code.
The Indian Claims Commission, referred to in subsec. (a), terminated
Sept. 30, 1978. See Codification note set out under former section 70
et seq. of this title.
Acts of July 1, 1946, August 4, 1955, and July 14, 1960, referred to
in subsec. (a), are, respectively, act July 1, 1946, ch. 529, 60 Stat.
348, known as the Interior Department Appropriation Act, 1947, act Aug.
4, 1955, ch. 541, 69 Stat. 450, known as the Supplemental
Appropriation Act, 1956, and act July 14, 1960, Pub. L. 86-651, 74
Stat. 509, known as the Supplemental Appropriation Act, 1961. Those
portions of the acts which appropriated the funds referred to were not
classified to the Code.
Section was not enacted as part of act May 18, 1928, ch. 624, 45
Stat. 602, which comprises this subchapter.
25 USC 661. Equal share distribution of undistributed balance of 1945
appropriation
TITLE 25 -- INDIANS
(a) Persons covered; amounts
The Secretary shall distribute to each person whose name appears on
the roll prepared pursuant to section 659 of this title regardless of
group affiliation an equal share of the undistributed balance of the
moneys appropriated in satisfaction of the judgment of the Court of
Claims in the case of The Indians of California against United States
(102 Court of Claims 837; 59 Stat. 94), plus the interest earned
thereon, including the reimbursed moneys and unexpended balances of the
funds established by the Acts of July 1, 1946 (60 Stat. 348), August 4,
1955 (69 Stat. 460), and July 14, 1960 (74 Stat. 512), minus a proper
share of the costs of roll preparation and such amounts as may be
necessary to effect the distribution.
(b) Credit to judgment account
The Secretary of the Treasury is authorized and directed to credit to
the judgment account referred to in subsection (a) of this section, for
distribution as a part of such account, the sum of $83,275, plus
interest at 4 per centum per annum from December 4, 1944, which sum
represents the value of sixty-six thousand six hundred and twenty acres
of land erroneously used as an offset against said judgment.
(Pub. L. 90-507, 3, Sept. 21, 1968, 82 Stat. 860; Pub. L. 91-64,
Aug. 25, 1969, 83 Stat. 105.)
The moneys appropriated in satisfaction of the judgment of the Court
of Claims in the case of The Indians of California against United States
(102 Court of Claims 837; 59 Stat. 94), referred to in subsec. (a),
are the moneys appropriated by act Apr. 25, 1945, ch. 95, 59 Stat.
77, known as the First Deficiency Appropriations Act, 1945. That
portion of the act which appropriated the moneys referred to was not
classified to the Code.
The Court of Claims, referred to in text, and the Court of Customs
and Patent Appeals were merged effective Oct. 1, 1982, into a new
United States Court of Appeals for the Federal Circuit by Pub. L.
97-164, Apr. 2, 1982, 96 Stat. 25, which also created a United States
Claims Court (now United States Court of Federal Claims) that inherited
the trial jurisdiction of the Court of Claims. See sections 48, 171 et
seq., 791 et seq., and 1491 et seq. of Title 28, Judiciary and Judicial
Procedure.
Acts of July 1, 1946, August 4, 1955, and July 14, 1960, referred to
in subsec. (a), are, respectively, act July 1, 1946, ch. 529, 60 Stat.
348, known as the Interior Department Appropriation Act, 1947, act Aug.
4, 1955, ch. 541, 69 Stat. 450, known as the Supplemental
Appropriation Act, 1956, and act July 14, 1960, Pub. L. 86-651, 74
Stat. 509, known as the Supplemental Appropriation Act, 1961. Those
portions of the acts which appropriated the funds referred to were not
classified to the Code.
Section was not enacted as part of act May 18, 1928, ch. 624, 45
Stat. 602, which comprises this subchapter.
1969 -- Pub. L. 91-64 designated existing provisions as subsec. (a)
and added subsec. (b).
25 USC 662. Heirs of deceased enrollees; tax exemption
TITLE 25 -- INDIANS
Each share distributable to an enrollee under sections 660 and 661 of
this title shall be paid directly to the enrollee or, if he is deceased
at the time of distribution, to his heirs or legatees unless the
distributee is under twenty-one years of age or is otherwise under legal
disability, in which case such disposition shall be made of the share as
the Secretary determines will adequately protect the best interests of
the distributee. Funds distributed under sections 659 to 663 of this
title shall not be subject to Federal or State income taxes.
(Pub. L. 90-507, 4, Sept. 21, 1968, 82 Stat. 861.)
Section was not enacted as part of act May 18, 1928, ch. 624, 45
Stat. 602, which comprises this subchapter.
25 USC 663. Rules and regulations; filing deadline
TITLE 25 -- INDIANS
The Secretary is authorized to prescribe rules and regulations to
carry out the provisions of sections 659 to 663 of this title, which
rules and regulations shall include an appropriate deadline for the
filing of applications for enrollment under section 659 of this title.
The determinations of the Secretary regarding eligibility for
enrollment, the affiliation of an applicant's ancestors, and the shares
of the cost of roll preparation to be charged to each of the two funds
referred to in sections 660 and 661 of this title shall be final. Not
more than $325,000 in all shall be available under sections 659 to 663
of this title for the costs of roll preparation and of the distribution
of shares.
(Pub. L. 90-507, 5, Sept. 21, 1968, 82 Stat. 861.)
Section was not enacted as part of act May 18, 1928, ch. 624, 45
Stat. 602, which comprises this subchapter.
25 USC SUBCHAPTER XXVI -- SOUTHERN UTE INDIAN TRIBE OF COLORADO
TITLE 25 -- INDIANS
25 USC 668. Sale of lands held by the United States
TITLE 25 -- INDIANS
Subject to the provisions of the Southern Ute Indian tribal
constitution and the ordinances and resolutions adopted thereunder, any
lands that are held by the United States in trust for the Southern Ute
Indian Tribe or that are subject to a restriction against alienation or
taxation imposed by the United States, and that are not needed for
Indian use, may be sold by the Southern Ute Indian Tribe, with the
approval of the Secretary of the Interior, and such sales shall
terminate the Federal trust or restrictions against alienation or
taxation of the lands, except that the trust or restricted status of
said lands may be retained, upon approval of the Secretary of the
Interior, in any sale to a member of the tribe.
(Pub. L. 92-312, 1, June 14, 1972, 86 Stat. 216.)
Pub. L. 98-290, May 21, 1984, 98 Stat. 201, provided that:
''Section 1. The purposes of this Act are --
''(1) to resolve uncertainty over the boundaries of the Southern Ute
Indian Reservation and the status of unrestricted land on such
reservation, and
''(2) to avoid long and costly litigation over issues dependent on
reservation or Indian country status.
''Sec. 2. For purposes of this Act, the term 'Indian trust land'
means any land within the boundaries of the Southern Ute Indian
Reservation which --
''(1) is held by the United States in trust for the benefit of the
Southern Ute Indian Tribe or individual Indians, or
''(2) is owned by the United States and reserved for use or actually
used in the administration of Indian affairs.
Any right-of-way bounded on both sides by Indian trust land shall be
Indian trust land. Any other right-of-way shall not be Indian trust
land.
''Sec. 3. The Southern Ute Indian Reservation in the State of
Colorado is declared to have the following boundaries:
''(1) Bounded on the north by the southern boundary of the lands --
''(A) ceded to the United States by certain bands of Ute Indians
under the Articles of Convention entered into on September 13, 1873, and
ratified by the Act approved April 29, 1874 (18 Stat. 36), and
''(B) described in article I of such Articles of Convention.
''(2) Bounded on the south by the boundary line between the States of
Colorado and New Mexico as described in article II of the treaty between
the United States and the Ute Indians concluded March 2, 1868, and
proclaimed November 6, 1868 (15 Stat. 619).
''(3) Bounded on the west by the eastern boundary of the Ute Mountain
Ute Indian Reservation.
''(4) Bounded on the east by the southernmost 15 miles of the eastern
boundary of the lands reserved to the Ute Indians by article II of the
treaty between the United States and the Ute Indians concluded March 2,
1868, and proclaimed November 6, 1868 (15 Stat. 619), except that the
lands east of such boundary in township 32 north, range 1 west, New
Mexico principal meridian, that are held by the United States in trust
for the benefit of the Southern Ute Indian Tribe are part of the
Southern Ute Indian Reservation.
''Sec. 4. (a) Such territorial jurisdiction as the Southern Ute
Indian Tribe has over persons other than Indians and the property of
such persons shall be limited to Indian trust lands within the
reservation.
''(b) Any person who is not an Indian and the property of any such
person shall be subject to the jurisdiction of the United States under
section 1152 of title 18, United States Code, only on Indian trust land.
''(c) Any law of the United States related to the sale, possession,
introduction, or manufacture of alcoholic beverages or to trading with
Indians within Indian country, or within the Indian reservation, shall
apply, with respect to the Southern Ute Indian Reservation, only on
Indian trust land.
''Sec. 5. The State of Colorado shall exercise criminal and civil
jurisdiction within the boundaries of the town of Ignacio, Colorado, and
any other municipality which may be incorporated under the laws of
Colorado within the Southern Ute Indian Reservation, as if such State
had assumed jurisdiction pursuant to the Act of August 15, 1953 (67
Stat. 588), as amended by the Act of April 11, 1968 (82 Stat. 79) (see
28 U.S.C. 1360 note).''
25 USC 669. Use of sale proceeds for purchase of real property only
TITLE 25 -- INDIANS
All funds derived from the sale of lands pursuant to this subchapter
shall be used only for the purchase of real property within the
boundaries of the Southern Ute Indian Reservation. Title to any lands
purchased with such funds and title to any lands reacquired by the tribe
by foreclosure of a mortgage or deed of trust shall be taken in the name
of the United States in trust for the Southern Ute Indian Tribe.
(Pub. L. 92-312, 2, June 14, 1972, 86 Stat. 216.)
25 USC 670. Mortgage or deed of trust of lands sold; United States as
party to all proceedings
TITLE 25 -- INDIANS
Any tribal lands that may be sold pursuant to section 668 of this
title may, with the approval of the Secretary of the Interior, be
encumbered by a mortgage or deed of trust, and shall be subject to
foreclosure or sale pursuant to the terms of such mortgage or deed of
trust in accordance with the laws of the State in which the land is
located. The United States shall be an indispensable party to any such
proceedings with the right of removal of the proceeding to the United
States district court for the district in which the land is located,
following the procedure in section 1446 of title 28, and the United
States shall have the right to appeal from any order of remand in the
proceeding.
(Pub. L. 92-312, 3, June 14, 1972, 86 Stat. 216.)
25 USC SUBCHAPTER XXVII -- UTE INDIANS OF UTAH
TITLE 25 -- INDIANS
25 USC 671. Use of funds of the Ute Indian Tribe of the Uintah and
Ouray Reservation for expenditure and per capita payments; regulations
applicable to loans; restriction on attorney fees
TITLE 25 -- INDIANS
Notwithstanding any other provision of existing law, the tribal funds
now on deposit or hereafter deposited in the United States Treasury to
the credit of the Ute Indian Tribe of the Uintah and Ouray Reservation
may be expended or advanced for such purposes, including per capita
payments, as may be designated by the Tribal Business Committee of said
tribe and approved by the Secretary of the Interior: Provided, That the
aggregate amount of the expenditures and advances authorized by this
section exclusive of per capita payments from interest shall not exceed
33 1/3 per centum of such tribal funds now on deposit: Provided
further, That with the exception of a $1,000 per capita payment which is
authorized, no per capita payment shall be approved by the Secretary of
the Interior from the principal of any judgment obtained under the
Jurisdictional Act of June 28, 1938 (52 Stat. 1209), as amended, without
further legislation: Provided further, That any funds advanced for
loans by the tribe to individual Indians or associations of Indians
shall be subject to regulations established for the making of loans from
the revolving loan fund authorized by section 470 of this title:
Provided further, That no part of the funds authorized to be expended or
advanced by this section shall be paid or delivered to or received by
any agent or attorney on account of services rendered in connection with
the preparation or prosecution of the suit or suits in the Court of
Claims which resulted in any or all of the judgments handed down by said
court on July 13, 1950, unless approved by the said court in the
proceeding now pending before said court for the adjudication of
attorneys' fees, or to any agent or attorney on account of any contract
for services rendered or to be rendered in the preparation of any suit
against the United States.
(Aug. 21, 1951, ch. 338, 1, 65 Stat. 193; June 29, 1954, ch. 412,
68 Stat. 321.)
The Jurisdictional Act of June 28, 1938, referred to in text, is act
June 28, 1938, ch. 776, 52 Stat. 1209, which was not classified to the
Code.
The Court of Claims, referred to in text, and the Court of Customs
and Patent Appeals were merged effective Oct. 1, 1982, into a new
United States Court of Appeals for the Federal Circuit by Pub. L.
97-164, Apr. 2, 1982, 96 Stat. 25, which also created a United States
Claims Court (now United States Court of Federal Claims) that inherited
the trial jurisdiction of the Court of Claims. See sections 48, 171 et
seq., 791 et seq., and 1491 et seq. of Title 28, Judiciary and Judicial
Procedure.
1954 -- Act June 29, 1954, excepted from 33 1/3 per centum limitation
on expenditures and advances, per capita payments made from interest.
25 USC 672. Division of trust funds; ratification of resolution;
crediting of shares; release of United States from liability in certain
cases
TITLE 25 -- INDIANS
The Secretary of the Interior is authorized and directed to divide
the trust funds belonging to the Confederated Bands of Ute Indians and
deposited in the United States Treasury pursuant to section 399 of this
title, section 315j of title 43, and the Act of June 28, 1938 (52 Stat.
1211), as amended, including the interest thereon, by crediting 60 per
centum to the Ute Indian Tribe of the Uintah and Ouray Reservation,
consisting of the Uintah, Uncompahgre, and White River Utes, and 40 per
centum to the Southern Utes, consisting of the Southern Utes of the
Southern Ute Reservation and the Ute Mountain Tribe of the Ute Mountain
Reservation. The resolution adopted June 1, 1950, by the members of the
Uncompahgre, White River, and Uintah bands of Ute Indians compromising
and settling all existing controversies between themselves as to
ownership and distribution of any judgments which may be obtained
against the United States and as to ownership of land within the Uintah
and Ouray Reservation and income issuing therefrom by providing that the
same shall become the tribal property of all the Indians of the Ute
Indian Tribe of the Uintah and Ouray Reservation without regard to band
derivation is ratified, approved and confirmed. The funds apportioned
to the Southern Utes under this section shall be divided between the
Southern Utes of the Southern Ute Reservation and the Ute Mountain Tribe
of the Ute Mountain Reservation as agreed between said tribes. The
shares of the respective groups shall be credited to the existing
accounts established pursuant to sections 155 and 161a to 161d of this
title. None of the funds involved herein shall be credited or
distributed to the Ute Indian Tribe of the Uintah and Ouray Reservation,
consisting of the Uintah, Uncompahgre, and White Rivers Utes, until the
Uncompahgre and White River Banks present to the Secretary of the
Interior a release satisfactory to him, relieving the United States of
any liability resulting from the inclusion of the Uintah Band in the
disposition or use of said trust funds.
(Aug. 21, 1951, ch. 338, 2, 65 Stat. 194.)
Act of June 28, 1938, referred to in text, is act June 28, 1938, ch.
776, 52 Stat. 1209, which was not classified to the Code.
25 USC 673. Repealed. Pub. L. 97-375, title I, 108(b), Dec. 21,
1982, 96 Stat. 1820
TITLE 25 -- INDIANS
Section, act Aug. 21, 1951, ch. 338, 3, 65 Stat. 194, directed
Secretary of the Interior to make a full and complete progress report to
Congress of his activities and of expenditures authorized under section
671 of this title.
25 USC 674. Use of funds of the Ute Mountain Tribe of the Ute Mountain
Reservation for expenditure and per capita payments; taxation of lands
and funds; regulations applicable to loans
TITLE 25 -- INDIANS
Notwithstanding any other provisions of existing laws, the tribal
funds now on deposit or hereafter deposited in the United States
Treasury to the credit of the Ute Mountain Tribe of the Ute Mountain
Reservation, may be expended or advanced for such purposes and in a
manner, including per capita payments, the purchase of land or any
interests therein or improvements thereon and water rights, as may be
designated by the Ute Mountain Tribal Council and approved by the
Secretary of the Interior: Provided, That the purchase of taxable lands
under this authority shall not operate to remove such lands from the tax
rolls: Provided further, That neither the transfer to the tribe of
tribal funds, nor the distribution thereof to individual members of the
tribe, as provided herein, from those funds consisting of compensation
for lands acquired by the United States Government, shall be subject to
Federal tax: And provided further, That any funds advanced for loans by
the tribe to individual Indians or associations of Indians shall be
subject to regulations established for the making of loans from the
revolving loan fund authorized by section 470 of this title.
(Aug. 12, 1953, ch. 406, 1, 67 Stat. 540.)
25 USC 675. Restriction on payment of funds for agents' or attorneys'
fees
TITLE 25 -- INDIANS
No part of the funds authorized to be expended or advanced pursuant
to section 674 of this title shall be paid or disbursed to or received
by any agent or attorney on account of any contract for services
rendered or to be rendered or expenses in the preparation of any suit
against the United States.
(Aug. 12, 1953, ch. 406, 2, 67 Stat. 540.)
25 USC 676. Use of funds of Southern Ute Tribe of Southern Ute
Reservation for expenditure and per capita payments; regulations
applicable to loans
TITLE 25 -- INDIANS
Notwithstanding any other provisions of existing laws, the tribal
funds now on deposit or hereafter deposited in the United States
Treasury to the credit of the Southern Ute Tribe of the Southern Ute
Reservation, may be expended or advanced for such purposes and in a
manner, including per capita payments the purchase of land or any
interests therein or improvements thereon and water rights, as may be
designated by the Southern Ute Tribal Council and approved by the
Secretary of the Interior: Provided, That the purchase of taxable lands
under this authority shall not operate to remove such lands from the tax
rolls: Provided further, That neither the transfer to the tribe of
tribal funds, nor the distribution thereof to individual members of the
tribe, as provided herein, from those funds consisting of compensation
for lands acquired by the United States Government, shall be subject to
Federal tax: Provided further, That any funds advanced for loans by the
tribe to individual Indians or associations of Indians shall be subject
to regulations established for the making of loans from the revolving
loan fund authorized by section 470 of this title: And provided
further, That no part of the funds authorized to be expended or advanced
by this section shall be paid or disbursed to or received by any agent
or attorney on account of any contract for services rendered or to be
rendered or expenses in the preparation of any suit against the United
States.
(June 28, 1954, ch. 405, 68 Stat. 300.)
25 USC 676a. Distribution of judgment fund
TITLE 25 -- INDIANS
The Secretary of the Interior is hereby authorized and directed to
divide the trust fund belonging to the Confederated Bands of Ute Indians
appropriated by the Second Supplemental Appropriations Act, 1965, and
deposited in the United States Treasury pursuant to the final judgment
entered in Indian Claims Commission docket numbered 327, including the
interest thereon, by crediting 60 per centum to the Ute Indian Tribe of
the Uintah and Ouray Reservation, and the Ute Distribution Corporation,
to the Ute Mountain Tribe of the Ute Mountain Reservation, /1/ 20 per
centum to the Ute Mountain Tribe of the Ute Mountain Reservation, and 20
per centum for the Southern Ute Tribe of the Southern Ute Reservation.
The portion of the trust fund, upon its division as herein directed,
credited to the Ute Indian Tribe of the Uintah and Ouray Reservation, to
the Ute Distribution Corporation, to the Ute Mountain Tribe of the Ute
Mountain Reservation, and to the Southern Ute Tribe of the Southern Ute
Reservation, shall be available for use in accordance with existing
authorizations for use of funds of the tribes and the Ute Distribution
Corporation, including the Act of August 21, 1951 (65 Stat. 193), as
amended (25 U.S.C. 671-673), the Act of August 12, 1953 (67 Stat. 540)
(25 U.S.C. 674, 675), the Act of June 28, 1954 (68 Stat. 300) (25 U.S.C.
676), and the Act of August 27, 1954 (68 Stat. 868), as amended (25
U.S.C. 677 et seq.). Any part of such funds that may be distributed to
the members of the tribe shall not be subject to Federal or State income
taxes.
(Pub. L. 90-60, Aug. 1, 1967, 81 Stat. 164; Pub. L. 90-332, June 7,
1968, 82 Stat. 171.)
The Second Supplemental Appropriations Act, 1965, referred to in
text, is Pub. L. 89-16, Apr. 30, 1965, 79 Stat. 81. The trust fund
appropriated by the Second Supplemental Appropriations Act, 1965, was
provided for by title IV of the Act which was not classified to the
Code.
Act of August 27, 1954, referred to in text, is act Aug. 27, 1954,
ch. 1009, 68 Stat. 868, as amended, which is classified generally to
subchapter XXVIII ( 677 et seq.) of this chapter. For complete
classification of this Act to the Code, see Tables.
1968 -- Pub. L. 90-332 inserted reference to Ute Mountain Tribe of
Ute Mountain Reservation in provisions covering authorized uses of trust
funds, inserted reference to Act August 12, 1953, and made minor changes
in punctuation.
/1/ So in original.
25 USC 676b. Distribution of judgment fund; deductions; availability
for certain uses
TITLE 25 -- INDIANS
The unexpended balance of funds on deposit in the Treasury to the
credit of the Confederated Bands of Ute Indians appropriated by the Act
of May 13, 1966 (80 Stat. 141), pursuant to the final judgment entered
in Court of Claims case numbered 47567; and the funds on deposit to the
credit of the Ute Tribe of the Uintah and Ouray Reservation, for and on
behalf of the Uncompahgre Band of Ute Indians, that were appropriated by
the Act of April 30, 1965 (79 Stat. 81), to pay a judgment by the
Indians Claims Commission in docket numbered 349; and the interest
thereon, less attorney fees and litigation expenses, shall be available
for use by the respective tribes in accordance with the Act of August
21, 1951 (65 Stat. 193; 25 U.S.C. 672), the Act of August 12, 1953 (67
Stat. 540; 25 U.S.C. 674), the Act of June 28, 1954 (68 Stat. 300; 25
U.S.C. 676), and the Act of August 27, 1954 (68 Stat. 868; 25 U.S.C.
677), as amended.
(Pub. L. 91-420, 1, Sept. 25, 1970, 84 Stat. 871.)
Act of May 13, 1966, referred to in text, is act May 13, 1966, Pub.
L. 89-426, 80 Stat. 141, which was not classified to the Code.
The Court of Claims, referred to in text, and the Court of Customs
and Patent Appeals were merged effective Oct. 1, 1982, into a new
United States Court of Appeals for the Federal Circuit by Pub. L.
97-164, Apr. 2, 1982, 96 Stat. 25, which also created a United States
Claims Court (now United States Court of Federal Claims) that inherited
the trial jurisdiction of the Court of Claims. See sections 48, 171 et
seq., 791 et seq., and 1491 et seq. of Title 28, Judiciary and Judicial
Procedure.
Act of April 30, 1965, referred to in text, is act Apr. 30, 1965,
Pub. L. 89-16, 79 Stat. 81, known as the Second Supplemental
Appropriations Act, 1965. That portion of the act which appropriated
the funds referred to was not classified to the Code.
The Indian Claims Commission, referred to in text, terminated Sept.
30, 1978. See Codification note set out under former section 70 et seq.
of this title.
Act of August 27, 1954, referred to in text, is act Aug. 27, 1954,
ch. 1009, 68 Stat. 868, as amended, which is classified generally to
subchapter XXVIII ( 677 et seq.) of this chapter. For complete
classification of this Act to the Code, see Tables.
25 USC 676b-1. Tax exemption
TITLE 25 -- INDIANS
Any portion of the funds distributed per capita to the members of the
respective tribes shall not be subject to Federal or State income tax.
(Pub. L. 91-420, 2, Sept. 25, 1970, 84 Stat. 871.)
25 USC SUBCHAPTER XXVIII -- UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS
BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION OF FEDERAL
SUPERVISION OVER PROPERTY OF MIXED-BLOOD MEMBERS
TITLE 25 -- INDIANS
25 USC 677. Purpose
TITLE 25 -- INDIANS
The purpose of this subchapter is to provide for the partition and
distribution of the assets of the Ute Indian Tribe of the Uintah and
Ouray Reservation in Utah between the mixed-blood and full-blood members
thereof; for the termination of Federal supervision over the trust, and
restricted property, of the mixed-blood members of said tribe; and for
a development program for the full-blood members thereof, to assist them
in preparing for termination of Federal supervision over their property.
(Aug. 27, 1954, ch. 1009, 1, 68 Stat. 868.)
Section 29 of act Aug. 27, 1954, provided that: ''All Acts or parts
of Acts, inconsistent with this Act (this subchapter) are hereby
repealed insofar as they affect the tribe or its members.''
Section 30 of act Aug. 27, 1954, provided that: ''If any provision
of this Act (this subchapter), or the application thereof to any person
or circumstance, is held invalid, the remainder of the Act and the
application of such provision to other persons or circumstances shall
not be affected thereby.''
25 USC 677a. Definitions
TITLE 25 -- INDIANS
For the purposes of this subchapter --
(a) ''Tribe'' means the Ute Indian Tribe of the Uintah and Ouray
Reservation, Utah.
(b) ''Full-blood'' means a member of the tribe who possesses one-half
degree of Ute Indian blood and a total of Indian blood in excess of
one-half, excepting those who become mixed-bloods by choice under the
provisions of section 677c of this title.
(c) ''Mixed-blood'' means a member of the tribe who does not possess
sufficient Indian or Ute Indian blood to fall within the full-blood
class as herein defined, and those who become mixed-bloods by choice
under the provisions of section 677c of this title.
(d) ''Secretary'' means Secretary of the Interior.
(e) ''Superintendent'' means the Superintendent of the Uintah and
Ouray Reservation, Utah.
(f) ''Asset'' means any property of the tribe, real, personal or
mixed, whether held by the tribe or by the United States in trust for
the tribe, or subject to a restriction against alienation imposed by the
United States.
(g) ''Adult'' means a member of the tribe who has attained the age of
twenty-one years.
(Aug. 27, 1954, ch. 1009, 2, 68 Stat. 868.)
25 USC 677b. Method of determining Ute Indian blood
TITLE 25 -- INDIANS
For the purposes of this subchapter Ute Indian blood shall be
determined in accordance with the constitution and bylaws of the tribe
and all tribal ordinances in force and effect on August 27, 1954.
(Aug. 27, 1954, ch. 1009, 3, 68 Stat. 868.)
25 USC 677c. Transfer of members from full-blood roll to mixed-blood
group; time; certification by Secretary
TITLE 25 -- INDIANS
Any member of the tribe whose name appears on the proposed roll of
full-blood members as provided in section 677g of this title and any
person whose name is added to such proposed roll as the result of an
appeal to the Secretary may apply to the Superintendent to become
identified with and a part of the mixed-blood group: Provided, That
such application is made within thirty days subsequent to the
publication of such proposed roll or in the event of an appeal within
thirty days subsequent to notification of the decision on said appeal:
And provided further, That before such transfer is made upon the
official rolls the Secretary shall first certify that, in his opinion,
such change in status is not detrimental to the best interest of the
person seeking such change.
(Aug. 27, 1954, ch. 1009, 4, 68 Stat. 868.)
25 USC 677d. Restriction of tribe to full-blood members after
publication of final rolls; non-interest of mixed-blood members; new
membership
TITLE 25 -- INDIANS
Effective on the date of publication of the final rolls as provided
in section 677g of this title the tribe shall thereafter consist
exclusively of full-blood members. Mixed-blood members shall have no
interest therein except as otherwise provided in this subchapter. New
membership in the tribe shall thereafter be controlled and determined by
the constitution and bylaws of the tribe and ordinances enacted
thereunder.
(Aug. 27, 1954, ch. 1009, 5, 68 Stat. 868; Aug. 2, 1956, ch. 880,
1, 70 Stat. 936.)
1956 -- Act Aug. 2, 1956, provided for control and determination of
new membership in the tribe in accordance with the constitution and
bylaws of the tribe and ordinances enacted thereunder.
25 USC 677e. Organization of mixed-blood members; constitution and
bylaws; representatives; actions in absence of organization
TITLE 25 -- INDIANS
The mixed-blood members of the tribe, including those residing on and
off the reservation, shall have the right to organize for their common
welfare, and may adopt an appropriate constitution and bylaws which
shall become effective when ratified by a majority vote of the adult
mixed-blood members of the tribe at a special election authorized and
called by the Secretary under such rules and regulations as he may
prescribe. Such constitution may provide for the selection of
authorized representatives who shall have power to take any action that
is required by this subchapter to be taken by the mixed-blood members as
a group: Provided, That nothing herein contained shall be construed as
requiring said mixed-blood Indians to so organize if such organization
is by them deemed unnecessary. In the event no such approved
organization is effected, any action taken by the adult mixed-blood
members, by majority vote, whether in public meeting or by referendum,
but in either event, after such notice as may be prescribed by the
Secretary, shall be binding upon said mixed-blood members of the tribe
for the purposes of this subchapter.
(Aug. 27, 1954, ch. 1009, 6, 68 Stat. 868.)
25 USC 677f. Employment of legal counsel for mixed-blood members;
fees
TITLE 25 -- INDIANS
The mixed-blood members of the tribe as a group may employ legal
counsel to accomplish the legal work required on behalf of said group
under the terms of this subchapter, and for any other purpose by them
deemed necessary or desirable; the choice of counsel and fixing of fees
to be subject to the approval of the Secretary until Federal supervision
over all of the members of said group and their property is terminated
in the manner provided in section 677o of this title.
(Aug. 27, 1954, ch. 1009, 7, 68 Stat. 869.)
25 USC 677g. Membership rolls of full-blood and mixed-blood members;
preparation and initial publication; appeal from inclusion or omission
from rolls; finality of determination; final publication; inheritable
interest; future membership
TITLE 25 -- INDIANS
The tribe shall have a period of thirty days from August 27, 1954 in
which to prepare and submit to the Secretary a proposed roll of the
full-blood members of the tribe, and a proposed roll of the mixed-blood
members of the tribe, living on August 27, 1954. If the tribe fails to
submit such proposed rolls within the time specified in this subchapter,
the Secretary shall prepare such proposed rolls for the tribe. Said
proposed rolls shall be published in the Federal Register, and in a
newspaper of general circulation in each of the counties of Uintah and
Duchesne in the State of Utah. Any person claiming membership rights in
the tribe, or an interest in its assets, or a representative of the
Secretary on behalf of any such person, within sixty days from the date
of publication in the Federal Register, or in either of the papers of
general circulation, as hereinbefore provided, whichever publication
date is last, may file an appeal with the Secretary contesting the
inclusion or omission of the name of any person on or from either of
such proposed rolls. The Secretary shall review such appeals and his
decisions thereon shall be final and conclusive. After disposition of
all such appeals to the Secretary, and after all transfers have been
made pursuant to section 677c of this title the roll of the full-blood
members of the tribe, and the roll of the mixed-blood members of the
tribe, shall be published in the Federal Register, and such rolls shall
be final for the purposes of this subchapter, but said sections shall
not be construed as granting any inheritable interest in tribal assets
to full-blood members of the tribe or as preventing future membership in
the tribe, after August 27, 1954, in the manner provided in the
constitution and bylaws of the tribe.
(Aug. 27, 1954, ch. 1009, 8, 68 Stat. 869; Aug. 2, 1956, ch. 880,
2, 70 Stat. 936.)
1956 -- Act Aug. 2, 1956, prohibited constructions of this
subchapter granting inheritable interest in tribal assets to full-blood
members of the tribe or preventing future membership in the tribe in
accordance with its constitution and bylaws.
25 USC 677h. Sale or other disposition of certain described lands;
funds; relief of United States from liability; assigned lands
TITLE 25 -- INDIANS
The business committee of the tribe for and on behalf of the
full-blood members of said tribe, and the duly authorized
representatives for the mixed-blood members of said tribe, acting
jointly, are authorized, subject to the approval of the Secretary, to
sell, exchange, dispose of, and convey to any purchaser deemed
satisfactory to said committee and representatives, any or all of the
lands of said tribe described as follows, to wit:
All such sales, exchanges, or other dispositions shall be made upon
such terms as said committee and said authorized representatives shall
deem satisfactory and may be made pursuant to bids or at private sale,
and all funds or other property derived from such sales, exchanges, or
other dispositions shall be subject to the terms of this subchapter.
Consent by the tribal business committee and said authorized
representatives to the sale, exchange, or other disposal of the lands
herein described shall relieve the United States of any liability
resulting from such sale, exchange, or other disposition. The tribal
business committee and said authorized representatives are further
authorized to sell or dispose of tribal assigned lands to the assignees
thereof under such terms and conditions as may be agreed upon by the
said tribal business committee and said authorized representatives with
the assignees, subject, however, to the approval of the Secretary.
(Aug. 27, 1954, ch. 1009, 9, 68 Stat. 869.)
25 USC 677i. Division of assets; basis; prior alienation or
encumbrance; partition by Secretary upon nonagreement; assistance;
management of claims and rights; division of net proceeds;
applicability of usual processes of the law to originally owned stock of
corporate representative and to corporate distributions
TITLE 25 -- INDIANS
The tribal business committee representing the full-blood group, and
the authorized representatives of the mixed-blood group, within sixty
days after the publication of the final membership roll, as provided in
section 677g of this title, shall commence a division of the assets of
the tribe that are then susceptible to equitable and practicable
distribution. Such division shall be by agreement between them subject
to the approval of the Secretary. Said division shall be based upon the
relative number of persons comprising the final membership roll of each
group. After such division the rights or beneficial interests in tribal
property of each mixed-blood person whose name appears on the roll shall
constitute an undivided interest in and to such property which may be
inherited or bequeathed, but shall be subject to alienation or
encumbrance before the transfer of title to such tribal property only as
provided herein. Any contract made in violation of this section shall
be null and void. If said groups are unable to agree upon said division
within a period of twelve months from the date of such commencement, or
any authorized extension of said period granted within the discretion of
the Secretary, the Secretary is authorized to partition the assets of
the tribe in such manner as in his opinion will be equitable and fair to
both groups. Such partition shall give rise to no cause of action
against the United States and the costs of such partition shall be paid
by the tribe. The Secretary is authorized to provide such reasonable
assistance as may be requested by both groups, or by either group, in
formulation and execution of a plan for the division of said assets,
including necessary technical services of Government employees at Fort
Duchesne, Utah, and arranging for necessary consultations with
representatives of Federal departments and agencies, officials of the
State of Utah, and political subdivisions thereof, and members of the
tribe. All unadjudicated or unliquidated claims against the United
States, all gas, oil, and mineral rights of every kind, and all other
assets not susceptible to equitable and practicable distribution shall
be managed jointly by the Tribal Business Committee and the authorized
representatives of the mixed-blood group, subject to such supervision by
the Secretary as is otherwise required by law, and the net proceeds
therefrom after deducting the costs chargeable to such management shall
first be divided between the full-blood and mixed-blood groups in direct
proportion to the number of persons comprising the final membership roll
of each group and without regard to the number of persons comprising
each group at the time of the division of such proceeds.
The stock of any corporation organized by the mixed-blood group for
the purpose of empowering the officers of such corporation to act as the
authorized representatives of said mixed-blood group in the joint
management with the tribe and in the distribution and /1/ unadjudicated
or unliquidated claims against the United States, all gas, oil, and
mineral rights of every kind, and all other assets not susceptible to
equitable and practicable distribution shall not be subject to mortgage,
pledge, hypothecation, levy, execution, attachment or other similar
process, while such stock remains in the ownership of the original
stockholder or his heirs or legatees, but the interest of stockholders
in any distribution by such corporation shall be subject to the usual
processes of the law.
(Aug. 27, 1954, ch. 1009, 10, 68 Stat. 873; Sept. 25, 1962, Pub.
L. 87-698, 76 Stat. 597.)
Herein, referred to in text, means act Aug. 27, 1954, ch. 1009, 68
Stat. 868, which comprises this subchapter. For complete
classification of this Act to the Code, see Tables.
1962 -- Pub. L. 87-698 inserted last paragraph providing that
originally owned stock of corporate representative should not be subject
to the usual processes of the law but that corporate distributions
should be subject to them.
/1/ So in original. Probably should be ''of''.
25 USC 677j. Advances or expenditures from tribal funds; restrictions
on mixed-blood group until adoption of plan for terminating supervision
TITLE 25 -- INDIANS
Notwithstanding any other provision of existing law, the tribal funds
now on deposit or hereafter deposited in the United States Treasury to
the credit of the tribe or either group thereof, shall be available for
advance to the tribe or the respective groups, or for expenditure, for
such purposes, including per capita payments, as may be designated by
the Tribal Business Committee for the full-blood members, and by the
authorized agents of the mixed-blood members, and in either event
subject to the approval of the Secretary: Provided, That the aggregate
amount of the expenditures and advances authorized by this section for
the mixed-blood group shall not exceed 50 per centum of the total funds
of said mixed-blood group after such division, until said mixed-blood
group has adopted a plan approved by the Secretary for termination of
Federal supervision of said mixed-blood group, as required under section
677l of this title. After such termination of Federal supervision, per
capita payments to the mixed-blood group shall not be subject to
approval of the Secretary.
(Aug. 27, 1954, ch. 1009, 11, 68 Stat. 873.)
25 USC 677k. Adjustment of debts in making per capita payments to
mixed-blood members; execution of mortgages on property
TITLE 25 -- INDIANS
Fifty per centum of all per capita payments to any individual
mixed-blood member made pursuant to any division or distribution
hereunder shall have deducted therefrom any sum or sums of money owed by
such member to the tribe, whether due or to become due, unless in the
opinion of the Secretary said debts are not adequately secured in which
event the entire per capita payment shall be subject to such offset.
Any other division, partition or distribution of property to any
individual mixed-blood member made pursuant to this subchapter shall be
subject to a mortgage to be made in favor of the tribe securing the
payment of all sums of money owed by him to the tribe on the date of
such division, partition or distribution to such individual mixed-blood
member. The Secretary shall require the execution of any mortgage
required under this section as a condition to any such division,
partition or distribution.
(Aug. 27, 1954, ch. 1009, 12, 68 Stat. 874.)
Hereunder, referred to in text, means act Aug. 27, 1954, ch. 1009,
68 Stat. 868, which comprises this subchapter. For complete
classification of this Act to the Code, see Tables.
25 USC 677l. Distribution to individual members of mixed-blood group;
preparation and approval of plan; assistance; provisions permitted in
plan
TITLE 25 -- INDIANS
After the adoption of a plan for the division of the assets between
the two groups, a plan for distribution of the assets of the mixed-blood
group to the individual members thereof shall be prepared and ratified
by a majority of said group, within the period of six months from such
adoption and presented to the Secretary for approval. The Secretary is
authorized to provide such reasonable assistance, including necessary
technical service of Government employees at Fort Duchesne, Utah, and
arranging for necessary consultations with representatives of Federal
departments and agencies, officials of the State of Utah and political
subdivisions thereof, as may be required by the mixed-blood group in the
preparation of such plan.
The plan for division of the assets among the members of the
mixed-blood group may include:
(1) Complete disposition of all cash assets of said group, reserving,
however, sufficient funds to cover --
(i) the proportionate share of said mixed-blood group in and to all
expenses incurred in effecting the purposes of this subchapter,
including, but not limited to, the necessary expense incurred under this
section and section 677m of this title;
(ii) the just and proportionate share of the mixed-bloods in the
expense incurred in the prosecution of the claims of the tribe, or the
bands thereof, against the United States; and
(iii) the determinable and estimated administrative costs and
expenses of any mixed-blood organization authorized by this subchapter,
including lawful and reasonable salaries and fees of authorized agents,
officers and employees of said mixed-blood group.
(2) Partition of the lands of the mixed-blood group, excepting all
gas, oil, and mineral rights, to corporations, partnerships, or other
legal entities, and to trustees, and the individual members of said
groups, quality and quantity relatively considered, according to the
respective rights and interests of the parties, located so as to
embrace, as far as practicable, any improvements lawfully made by the
person or persons receiving such land. The value of the improvements
made, under a valid lease or assignment from the tribe, shall be
excluded from the valuation in making allotments to the lessee or
assignee, and the land must be valued without regard to such
improvements unless the lease or assignment, under which said
improvements were made, provided that such improvements should become
the property of the tribe. In the making of any partition due
consideration shall be given to all of the rights and interests of the
person or persons receiving the property, and all of the rights and
interests of the other members of the tribe. Two or more of the members
of said mixed-blood group may obtain their share of property as tenants
in common, as joint tenants, or in any other lawful manner when such
members agree among themselves as to the manner in which they desire to
receive such title. When it appears that an equitable partition cannot
be made among the members of said mixed-blood group without prejudice to
the rights and interests of some of them, and yet a partition is
directed by the group, the members of said group may voluntarily
determine compensation to be made by one party to another on account of
the inequity. In all cases where equity is agreed upon by the members
of said mixed-blood group, such compensatory adjustment among the
parties, according to the principles of equity, must be approved by the
Secretary. In the event of a failure to agree upon an equitable
compensatory adjustment among the parties the Secretary shall make such
adjustment and his decision shall be final.
(3) Organization of corporations for the grazing of livestock,
handling of water and water rights, and the shares therein may be issued
to the members of said group in proportion to their interests in the
assets of such corporations. When, in the opinion of said mixed-blood
group, it is to the best interest of said group to transfer a portion of
the assets of said group to a corporation or other legal entity for any
purpose, the Secretary is authorized to make such transfer.
(4) A transfer of assets to one or more trustees designated by said
group who shall hold title to all or any part of the property of said
group for management or liquidation purposes under terms and conditions
prescribed by said mixed-blood group. The Secretary is authorized to
make such transfer, and approve the trustees, and the terms and
conditions of the trust.
(5) Sale of any portion of the assets of said group subject to the
approval of the Secretary. In addition to the sales herein otherwise
authorized, authority is granted to the authorized representatives of
said group to sell any property of said group when, in the opinion of
the majority of said mixed-blood group, a practicable partition cannot
be made, or for any other reason it is deemed to the best interests of
the group, and the proceeds of such sales shall be distributed equitably
among the members of said mixed-blood group; after deducting reasonable
cost of sale and distribution.
(Aug. 27, 1954, ch. 1009, 13, 68 Stat. 874.)
25 USC 677m. Procedure by Secretary if distribution not completed
within seven years from August 27, 1954
TITLE 25 -- INDIANS
In the event all the tribal assets, susceptible to equitable and
practicable distribution, distributed to the mixed-blood group under the
provisions of section 677i of this title, are not, within seven years
from August 27, 1954, distributed to the individual mixed-blood members
as contemplated in the plan to be adopted in accordance with the
provisions of section 677l of this title, so as to effectively terminate
Federal supervision over said assets, then the Secretary shall proceed
to make such distribution in a manner, in his discretion, deemed fair
and equitable to all members of said group, or convey such assets to a
trustee for liquidation and distribution of the net proceeds, or convey
such assets to the persons entitled thereto as tenants in common.
(Aug. 27, 1954, ch. 1009, 14, 68 Stat. 875.)
25 USC 677n. Disposal by mixed-blood members of their individual
interests in tribal assets; requisites and conditions
TITLE 25 -- INDIANS
Any member of the mixed-blood group may dispose of his interest in
the tribal assets prior to termination of Federal supervision, subject
to the approval of the Secretary. In the event a member of the
mixed-blood group determines to dispose of his interest in any of said
real property at any time within ten years from August 27, 1954, he
shall first offer it to the members of the tribe, and no sale of any
interest, prior to termination of Federal supervision, shall be
authorized without such offer to said members of the tribe in such form
as may be approved by the Secretary. After termination of Federal
supervision the requirement of such offer, in form to be approved by the
Secretary, shall be a covenant to run with the land for said ten-year
period, and shall be expressly provided in any patent or deed issued
prior to the expiration of said period.
(Aug. 27, 1954, ch. 1009, 15, 68 Stat. 876.)
25 USC 677o. Termination of restrictions on individually owned
property of the mixed-blood group
TITLE 25 -- INDIANS
(a) Transfer of control of trust property; removal of sales
restrictions
When any mixed-blood member of the tribe has received his
distributive share of the tribal assets distributed to the mixed-blood
group under the provisions of section 677i of this title, whether such
distribution is made in part or in whole to a corporation, partnership,
or trusteeship in which he is interested, or otherwise, the Secretary is
authorized and directed to immediately transfer to him unrestricted
control of all other property held in trust for such mixed-blood member
by the United States, and shall further remove all restrictions on the
sale or encumbrance of trust or restricted property owned by such member
of the tribe, and Federal supervision of such member and his property
shall thereby be terminated, except as to his remaining interest in
tribal property in the form of any unadjudicated or unliquidated claims
against the United States, all gas, oil, and mineral rights of every
kind, and all other tribal assets not susceptible to equitable and
practicable distribution, all of which shall remain subject to the terms
of this subchapter, notwithstanding anything contained herein to the
contrary.
(b) Partition or sale by Secretary prior to removal of restrictions
Prior to the removal of restrictions in accordance with the
provisions of subsection (a) of this section on land owned by more than
one person, the Secretary may --
(1) upon request of any of the owners, partition the land and issue
to each owner an unrestricted patent or deed for his individual share,
unless such owner is a full-blood member of the tribe or other Indian
who owns trust or restricted property, in which event a trust patent or
restricted deed shall be issued and such trust may be terminated or such
restrictions may be removed when the Secretary determines that the need
therefor no longer exists;
(2) upon request of any of the owners and a finding by the Secretary
that partition of all or any part of the land is not practicable, cause
all or any part of the land to be sold at not less than the appraised
value thereof and distribute the proceeds of sale to the owners:
Provided, That before a sale any one or more of the owners may elect to
purchase the other interests in the land, or the tribe may elect to
purchase the entire interest in the land, at not less than the appraised
value thereof.
(Aug. 27, 1954, ch. 1009, 16, 68 Stat. 876.)
Herein, referred to in subsec. (a), means act Aug. 27, 1954, ch.
1009, 68 Stat. 868, which comprises this subchapter. For complete
classification of this Act to the Code, see Tables.
25 USC 677p. Tax exemption; exceptions and time limits; valuation
for income tax on gains or losses
TITLE 25 -- INDIANS
No distribution of the assets made under the provisions of this
subchapter shall be subject to any Federal or State income tax:
Provided, That so much of any cash distribution made hereinunder as
consists of a share of any interest earned on funds deposited in the
Treasury of the United States shall not by virtue of this subchapter be
exempt from individual income tax in the hands of the recipients for the
year in which paid. Property distributed to the mixed-blood group
pursuant to the terms of this subchapter shall be exempt from property
taxes for a period of seven years from August 27, 1954, unless the
original distributee parts with title thereto, either by deed, descent,
succession, foreclosure of mortgage, sheriff's sale or other conveyance:
Provided, That the mortgaging, hypothecation, granting of a
right-of-way, or other similar encumbrance of said property shall not be
construed as a conveyance subjecting said property to taxation under the
provisions of this section. After seven years from August 27, 1954, all
property distributed to the mixed-blood members of the tribe under the
provisions of this subchapter, and all income derived therefrom by the
individual, corporation, or other legal entity, shall be subject to the
same taxes, State and Federal, as in the case of non-Indians; except
that any corporation organized by the mixed-blood members for the
purpose of aiding in the joint management with the tribe and in the
distribution of unadjudicated or unliquidated claims against the United
States, all gas, oil, and mineral rights of every kind, and all other
assets not susceptible to equitable and practicable distribution shall
not be subject to corporate income taxes. Any valuation for purposes of
Federal income tax on gains or losses shall take as the basis of the
particular taxpayer the value of the property on the date title is
transferred by the United States pursuant to this subchapter.
(Aug. 27, 1954, ch. 1009, 17, 68 Stat. 876; Aug. 2, 1956, ch. 880,
3, 70 Stat. 936.)
1956 -- Act Aug. 2, 1956, included within exception clause
provisions respecting exemption from corporate income taxes.
25 USC 677q. Applicability of decedents' estates laws to individual
trust property of mixed-blood members
TITLE 25 -- INDIANS
The laws of the United States with respect to probate of wills,
determination of heirship, and the administration of estates shall apply
to the individual trust property of mixed-blood members of the tribe
until Federal supervision is terminated. Thereafter, the laws of the
several States, Territories, possessions, and the District of Columbia
within which such mixed-blood members reside at the time of their death
shall apply.
(Aug. 27, 1954, ch. 1009, 18, 68 Stat. 877.)
25 USC 677r. Indian claims unaffected
TITLE 25 -- INDIANS
Nothing in this subchapter shall affect any claim heretofore filed
against the United States by the tribe, or the individual bands
comprising the tribe.
(Aug. 27, 1954, ch. 1009, 19, 68 Stat. 877.)
25 USC 677s. Valid leases, permits, liens, etc., unaffected
TITLE 25 -- INDIANS
Nothing in this subchapter shall abrogate any valid lease, permit,
license, right-of-way, lien, or other contract heretofore approved.
(Aug. 27, 1954, ch. 1009, 20, 68 Stat. 877.)
25 USC 677t. Water rights
TITLE 25 -- INDIANS
Nothing in this subchapter shall abrogate any water rights of the
tribe or its members.
(Aug. 27, 1954, ch. 1009, 21, 68 Stat. 877.)
25 USC 677u. Protection of minors, persons non compos mentis, and
other members needing assistance; guardians
TITLE 25 -- INDIANS
For the purposes of this subchapter, the Secretary shall protect the
rights of members of the tribe who are minors, non compos mentis, or, in
the opinion of the Secretary, in need of assistance in conducting their
affairs, by such means as he may deem adequate, but appointment of
guardians pursuant to State laws, in any case, shall not be required
until Federal supervision has terminated.
(Aug. 27, 1954, ch. 1009, 22, 68 Stat. 877.)
25 USC 677v. Termination of Federal trust; publication; termination
of Federal services; application of Federal and State laws
TITLE 25 -- INDIANS
Upon removal of Federal restrictions on the property of each
individual mixed-blood member of the tribe, the Secretary shall publish
in the Federal Register a proclamation declaring that the Federal trust
relationship to such individual is terminated. Thereafter, such
individual shall not be entitled to any of the services performed for
Indians because of his status as an Indian. All statutes of the United
States which affect Indians because of their status as Indians shall no
longer be applicable to such member over which supervision has been
terminated, and the laws of the several States shall apply to such
member in the same manner as they apply to other citizens within their
jurisdiction.
(Aug. 27, 1954, ch. 1009, 23, 68 Stat. 877.)
25 USC 677w. Presentation of development program for full-blood group
to eventually terminate Federal supervision
TITLE 25 -- INDIANS
Within three months after August 27, 1954, the business committee of
the tribe representing the full-blood group thereof shall present to the
Secretary a development program calculated to assist in making the tribe
and the members thereof selfsupporting, without any special Government
assistance, with a view of eventually terminating all Federal
supervision of the tribe and its members.
(Aug. 27, 1954, ch. 1009, 24, 68 Stat. 877; Jan. 2, 1975, Pub. L.
93-608, 1(15), 88 Stat. 1969.)
1975 -- Pub. L. 93-608 struck out requirement of an annual progress
report, through the Secretary, by the tribal business committee
representing the full-blood group.
25 USC 677x. Citizenship status unaffected
TITLE 25 -- INDIANS
Nothing in this subchapter, shall affect the status of the members of
the tribe as citizens of the United States.
(Aug. 27, 1954, ch. 1009, 25, 68 Stat. 877.)
25 USC 677y. Execution by Secretary of patents, deeds, etc.
TITLE 25 -- INDIANS
The Secretary shall have authority to execute such patents, deeds,
assignments, releases, certificates, contracts, and other instruments,
as may be necessary or appropriate to carry out the provisions of this
subchapter, or to establish a marketable and recordable title to any
property disposed of pursuant to this subchapter.
(Aug. 27, 1954, ch. 1009, 26, 68 Stat. 877.)
25 USC 677z. Rules and regulations; tribal or group referenda
TITLE 25 -- INDIANS
The Secretary is authorized to issue rules and regulations necessary
to effectuate the purposes of this subchapter, and may, in his
discretion, provide for tribal or group referenda on matters pertaining
to management or disposition of tribal or group assets.
(Aug. 27, 1954, ch. 1009, 27, 68 Stat. 878.)
25 USC 677aa. Procedure by Secretary upon non-agreement between
mixed-blood and full-blood groups
TITLE 25 -- INDIANS
Whenever any action pursuant to the provisions of this subchapter
requires the agreement of the mixed-blood and full-blood groups and such
agreement cannot be reached, the Secretary is authorized to proceed in
any manner deemed by him to be in the best interests of both groups.
(Aug. 27, 1954, ch. 1009, 28, 68 Stat. 878.)
25 USC SUBCHAPTER XXIX -- RED LAKE BAND OF CHIPPEWA INDIANS OF MINNESOTA
TITLE 25 -- INDIANS
25 USC 681. Per capita payment to tribal members; rules and
regulations
TITLE 25 -- INDIANS
The Secretary of the Interior is authorized to withdraw as much as
may be necessary from the fund on deposit in the Treasury of the United
States arising from the proceeds of the sale of timber and lumber within
the Red Lake Reservation in Minnesota, according to the provisions of
the Act of May 18, 1916 (39 Stat. 137), to the credit of the Red Lake
Indians in Minnesota, and to pay therefrom $100 to each member of the
Red Lake Band of Chippewa Indians of Minnesota who is living on June 19,
1952. Such payment shall be made under such rules and regulations as
the Secretary of the Interior may prescribe: Provided, That such
payment shall be made first from any funds on deposit in the Treasury of
the United States to the credit of the Red Lake Band of the Chippewa
Indians, of Minnesota, drawing interest at the rate of 5 per centum and
thereafter from funds drawing 4 per centum.
(June 19, 1952, ch. 445, 1, 66 Stat. 139.)
Act of May 18, 1916, referred to in text, is act May 18, 1916, ch.
125, 39 Stat. 123. Provisions of the act relating to the sale of timber
are set out at 39 Stat. 137 and were not classified to the Code.
25 USC 682. Payment free of liens or claims
TITLE 25 -- INDIANS
No money paid to Indians under sections 681 to 683 of this title
shall be subject to any lien or claim of attorneys or other persons.
Before any payment is made under said sections, the Red Lake Band of
Chippewa Indians of Minnesota shall, in such manner as may be prescribed
by the Secretary of the Interior, ratify and accept the provisions of
said sections.
(June 19, 1952, ch. 445, 2, 66 Stat. 139.)
25 USC 683. Payments not ''other income and resources''
TITLE 25 -- INDIANS
Payments made under sections 681 to 683 of this title shall not be
held to be ''other income and resources'' as that term is used in
sections 302(a)(7), 602(a)(7), and 1202(a)(8) of title 42.
(June 19, 1952, ch. 445, 3, 66 Stat. 140.)
25 USC 684. Per capita payment to tribal members; installments;
rules and regulations
TITLE 25 -- INDIANS
The Secretary of the Interior is authorized to withdraw as much as
may be necessary from the fund on deposit in the Treasury of the United
States arising from the proceeds of the sale of timber and lumber within
the Red Lake Reservation in Minnesota, according to the provisions of
the Act of May 18, 1916 (39 Stat. 137), to the credit of the Red Lake
Indians in Minnesota, and to pay therefrom $50 to each member of the Red
Lake Band of Chippewa Indians of Minnesota who is living on August 27,
1954. Such payment shall be made in two installments of $25 each, the
first to be made within thirty days of ratification by the Red Lake Band
of Chippewa Indians of Minnesota as provided for in section 685 of this
title, the second installment ninety days thereafter, and under such
other rules and regulations as the Secretary of the Interior may
prescribe.
(Aug. 27, 1954, ch. 1011, 1, 68 Stat. 878.)
Act of May 18, 1916, referred to in text, is act May 18, 1916, ch.
125, 39 Stat. 123. Provisions of the act relating to sale of timber are
set out at 39 Stat. 137 and were not classified to the Code.
25 USC 685. Payment free of liens or claims
TITLE 25 -- INDIANS
No money paid to Indians under sections 684 to 686 of this title
shall be subject to any lien or claim of attorneys or other persons.
Before any payment is made under said sections, the Red Lake Band of
Chippewa Indians of Minnesota shall, in such manner as may be prescribed
by the Secretary of the Interior, ratify and accept the provisions of
said sections.
(Aug. 27, 1954, ch. 1011, 2, 68 Stat. 879.)
25 USC 686. Payments not ''other income and resources''
TITLE 25 -- INDIANS
Payments made under sections 684 to 686 of this title shall not be
held to be ''other income and resources'' as that term is used in
sections 302(a)(7), 602(a)(7), and 1202(a)(8) of title 42.
(Aug. 27, 1954, ch. 1011, 3, 68 Stat. 879.)
25 USC 687. Per capita payment to tribal members; rules and
regulations
TITLE 25 -- INDIANS
The Secretary of the Interior is authorized to withdraw as much as
may be necessary from the fund on deposit in the Treasury of the United
States arising from the proceeds of the sale of timber and lumber within
the Red Lake Reservation in Minnesota, according to the provisions of
the Act of May 18, 1916 (39 Stat. 137), to the credit of the Red Lake
Indians in Minnesota, and to pay therefrom $100 to each member of the
Red Lake Band of Chippewa Indians of Minnesota who is living on August
28, 1958. Such payment shall be made under such rules and regulations
as the Secretary of the Interior may prescribe.
(Pub. L. 85-794, 1, Aug. 28, 1958, 72 Stat. 958.)
Act of May 18, 1916, referred to in text, is act May 18, 1916, ch.
125, 39 Stat. 123. Provisions of the act relating to sale of timber are
set out at 39 Stat. 137 and were not classified to the Code.
Section 4 of Pub. L. 85-794 amended the nineteenth paragraph of
section 9 of act May 18, 1916, ch. 125, 39 Stat. 138, to read as
follows: ''After the payment of all expenses connected with the
administration of these lands as herein provided, the net proceeds
therefrom shall be covered into the Treasury of the United States to the
credit of the Red Lake Indians and draw interest at the rate of 4 per
centum per annum. Any part of such fund or the interest thereon that is
in excess of reserve and operating requirements, as determined by the
Secretary of the Interior, may be distributed per capita to the members
of the Red Lake Band upon request of the tribal council and approval by
the Secretary.''
Section 5 of Pub. L. 85-794, amended act May 18, 1916, ch. 125,
9(17), 39 Stat. 137, to read as follows: ''The Red Lake Indian Forest
shall be administered by the Secretary of the Interior in accordance
with principles of scientific forestry that will encourage the
production of successive timber crops for the benefit of the Indians of
the Red Lake Band, and he is hereby authorized (a) to harvest, sell, and
manufacture such marketable timber from any tribal lands within the Red
Lake Indian Reservation as he may deem to be advisable and, if the
timber is the growth of Red Lake Indian Forest, in keeping with the
foregoing principles, (b) to establish nurseries and otherwise provide
for the reforestation of said lands, (c) to construct and operate
sawmills and other facilities for the manufacture into marketable
products of the timber harvested from said lands, (d) to purchase,
harvest, and manufacture such additional timber standing on or severed
from any other lands, including lands outside the reservation, as in his
opinion may contribute to the profitable operation of such sawmills and
other facilities as a tribal enterprise, subject to such limitations on
expenditures as may be prescribed in annual appropriations acts, and (e)
to employ such persons and use such means as he may find necessary to
carry out the purposes of the foregoing provisions. Any proceeds
derived from sales of timber or timber products under this paragraph may
be expended in payment of the expenses of any of the activities
authorized by this paragraph including construction expenses.''
25 USC 688. Payment free of liens or claims
TITLE 25 -- INDIANS
No money paid to Indians under sections 687 to 689 of this title
shall be subject to any lien or claim of attorneys, or other persons.
(Pub. L. 85-794, 2, Aug. 28, 1958, 72 Stat. 958.)
25 USC 689. Payments not ''other income and resources''
TITLE 25 -- INDIANS
Payments made under sections 687 to 689 of this title shall not be
held to be ''other income and resources'' as that term is used in
sections 302(a)(7), 602(a)(7), and 1202(a)(8) of title 42.
(Pub. L. 85-794, 3, Aug. 28, 1958, 72 Stat. 958.)
25 USC 690. Distribution of judgment fund; tax exemption of per
capita payments
TITLE 25 -- INDIANS
The funds on deposit in the Treasury of the United States to the
credit of the Red Lake Band of Chippewa Indians that were appropriated
by the Act of June 9, 1964, to pay a judgment by the Indian Claims
Commission in docket 18A, and the interest thereon, after payment of
attorney fees and expenses, may be advanced or expended for any purpose
that is authorized by the tribal governing body and approved by the
Secretary of the Interior. Any part of such funds that may be
distributed per capita to the members of the tribe shall not be subject
to Federal or State income tax.
(Pub. L. 88-663, Oct. 13, 1964, 78 Stat. 1093.)
Act of June 9, 1964, referred to in text, is act June 9, 1964, Pub.
L. 88-317, 78 Stat. 204, which was not classified to the Code.
The Indian Claims Commission, referred to in text, terminated Sept.
30, 1978. See Codification note set out under former section 70 et seq.
of this title.
25 USC SUBCHAPTER XXX -- WESTERN OREGON INDIANS: TERMINATION OF FEDERAL
SUPERVISION
TITLE 25 -- INDIANS
25 USC 691. Purpose
TITLE 25 -- INDIANS
The purpose of this subchapter is to provide for the termination of
Federal supervision over the trust and restricted property of certain
tribes and bands of Indians located in western Oregon and the individual
members thereof, for the disposition of federally owned property
acquired or withdrawn for the administration of the affairs of such
Indians, and for a termination of Federal services furnished such
Indians because of their status as Indians.
(Aug. 13, 1954, ch. 733, 1, 68 Stat. 724.)
Section 19 of act Aug. 13, 1954, provided that: ''All Acts or parts
of Acts inconsistent with this Act (this subchapter) are hereby repealed
insofar as they affect a tribe or its members. The Act of June 18, 1934
(48 Stat. 948), as amended by the Act of June 15, 1935 (49 Stat. 378)
(section 461 et seq. of this title), shall not apply to a tribe and its
members after the date of the proclamation provided for in section 13 of
this Act (section 703 of this title).''
Section 20 of act Aug. 13, 1954, provided that: ''If any provision
of this Act (this subchapter), or the application thereof to any person
or circumstance, is held invalid, the remainder of the Act (this
subchapter) and the application of such provision to other persons or
circumstances shall not be affected thereby.''
Federal supervision over certain tribes and bands of Indians has been
restored as follows:
Confederated Tribes of Siletz Indians of Oregon, see section 711 et
seq. of this title.
Cow Creek Bank of Umpqua Tribe of Oregon, see section 712 et seq. of
this title.
Confederated Tribes of the Grand Ronde Community of Oregon, see
section 713 et seq. of this title.
Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians, see
section 714 et seq. of this title.
Coquille Indian Tribe of Oregon, see section 715 et seq. of this
title.
25 USC 692. Definitions
TITLE 25 -- INDIANS
For the purposes of this subchapter:
(a) ''Tribe'' means any of the tribes, bands, groups, or communities
of Indians located west of the Cascade Mountains in Oregon, including
the following: Confederated Tribes of the Grand Ronde Community,
Confederated Tribes of Siletz Indians, Alsea, Applegate Creek,
Calapooya, Chaftan, Chempho, Chetco, Chetlessington, Chinook, Clackamas,
Clatskanie, Clatsop, Clowwewalla, Coos, Cow Creek, Euchees, Galic Creek,
Grave, Joshua, Karok, Kathlamet, Kusotony, Kwatami or Sixes, Lakmiut,
Long Tom Creek, Lower Coquille, Lower Umpqua, Maddy, Mackanotin, Mary's
River, Multnomah, Munsel Creek, Naltunnetunne, Nehalem, Nestucca,
Northern Molalla, Port Orford, Pudding River, Rogue River, Salmon River,
Santiam, Scoton, Shasta, Shasta Costa, Siletz, Siuslaw, Skiloot,
Southern Molalla, Takelma, Tillamook, Tolowa, Tualatin, Tututui, Upper
Coquille, Upper Umpqua, Willamette Tumwater, Yamhill, Yaquina, and
Yoncalla;
(b) ''Secretary'' means the Secretary of the Interior.
(c) ''Lands'' means real property interest therein, or improvements
thereon, and includes water rights.
(d) ''Tribal property'' means any real or personal property,
including water rights, or any interest in real or personal property,
that belongs to the tribe and either is held by the United States in
trust for the tribe or is subject to a restriction against alienation
imposed by the United States.
(Aug. 13, 1954, ch. 733, 2, 68 Stat. 724.)
25 USC 693. Membership roll; preparation and initial publication;
eligibility for enrollment; appeal from inclusion or omission from
roll; finality of determination; final publication
TITLE 25 -- INDIANS
Within ninety days after August 13, 1954, the Secretary shall publish
in the Federal Register (1) a list of those tribes for which membership
rolls will be required for the purposes of this subchapter, and (2) a
list of those tribes for which no membership rolls will be required for
the purposes of this subchapter. Each tribe on each list shall have a
period of six months from the date of publication of the notice in which
to prepare and submit to the Secretary a proposed roll of the members of
the tribe living on August 13, 1954, which shall be published in the
Federal Register. In the absence of applicable law, or eligibility
requirements in an approved constitution, bylaws, or membership
ordinance, eligibility for enrollment shall be determined under such
rules and regulations as the Secretary may prescribe. No person shall
be enrolled on more than one tribal roll prepared pursuant to this
subchapter. If a tribe on list one fails to submit such roll within the
time specified in this section, the Secretary shall prepare a proposed
roll for the tribe, which shall be published in the Federal Register.
Any person claiming membership rights in the tribe or an interest in its
assets, or a representative of the Secretary on behalf of any such
person, may, within ninety days from the date of publication of the
proposed roll, file an appeal with the Secretary contesting the
inclusion or omission of the name of any person on or from such roll.
The Secretary shall review such appeals and his decisions thereon shall
be final and conclusive. After disposition of all such appeals the roll
of the tribe shall be published in the Federal Register and such roll
shall be final for the purposes of this subchapter.
(Aug. 13, 1954, ch. 733, 3, 68 Stat. 724.)
25 USC 694. Personal property rights; restrictions
TITLE 25 -- INDIANS
Upon publication in the Federal Register of the final roll as
provided in section 693 of this title, the rights or beneficial
interests in tribal property of each person whose name appears on the
roll shall constitute personal property which may be inherited or
bequeathed, but shall not otherwise be subject to alienation or
encumbrance before the transfer of title to such tribal property as
provided in section 695 of this title without the approval of the
Secretary. Any contract made in violation of this section shall be null
and void.
(Aug. 13, 1954, ch. 733, 4, 68 Stat. 725.)
25 USC 695. Tribal property
TITLE 25 -- INDIANS
(a) Procedure for transfer
Upon request of a tribe, the Secretary is authorized within two years
from August 13, 1954, to transfer to a corporation or other legal entity
organized by the tribe in a form satisfactory to the Secretary title to
all or any part of the tribal property, real and personal, or to
transfer to one or more trustees designated by the tribe and approved by
the Secretary, title to all or any part of such property to be held in
trust for management or liquidation purposes under such terms and
conditions as may be specified by the tribe and approved by the
Secretary, or to sell all or any part of such property and make a pro
rata distribution of the proceeds of sale among the members of the tribe
after deducting, in his discretion, reasonable costs of sale and
distribution.
(b) Property not transferred in accordance with recognized procedure;
election to retain property
Title to any tribal property that is not transferred in accordance
with the provisions of subsection (a) of this section shall be
transferred by the Secretary to one or more trustees designated by him
for the liquidation and distribution of assets among the members of the
tribe under such terms and conditions as the Secretary may prescribe:
Provided, That the trust agreement shall provide for the termination of
the trust not more than three years from the date of such transfer
unless the term of the trust is extended by order of a judge of a court
of record designated in the trust agreement: Provided further, That the
trust agreement shall provide that at any time before the sale of tribal
property by the trustees the tribe may notify the trustees that it
elects to retain such property and to transfer title thereto to a
corporation, other legal entity, or trustee in accordance with the
provisions of subsection (a) of this section, and that the trustees
shall transfer title to such property in accordance with the notice from
the tribe if it is approved by the Secretary.
(c) Compensation of agents or attorneys
The Secretary shall not approve any form of organization pursuant to
subsection (a) of this section that provides for the transfer of stock
or an undivided share in corporate assets as compensation for the
services of agents or attorneys unless such transfer is based upon an
appraisal of tribal assets that is satisfactory to the Secretary.
(d) Selection of trustees; approval by Secretary
When approving or disapproving the selection of trustees in
accordance with the provisions of subsection (a) of this section, and
when designating trustees pursuant to subsection (b) of this section,
the Secretary shall give due regard to the laws of the State of Oregon
that relate to the selection of trustees.
(Aug. 13, 1954, ch. 733, 5, 68 Stat. 725.)
25 USC 696. Individual property
TITLE 25 -- INDIANS
(a) Transfer of unrestricted control
The Secretary is authorized and directed to transfer within two years
after August 13, 1954 to each member of each tribe unrestricted control
of funds or other personal property held in trust for such member by the
United States.
(b) Removal of restrictions on sales or encumbrances; fee simple
title
All restrictions on the sale or encumbrance of trust or restricted
land owned by members of the tribes (including allottees, purchasers,
heirs, and devisees, either adult or minor) are removed two years after
August 13, 1954 and the patents or deeds under which titles are then
held shall pass the titles in fee simple, subject to any valid
encumbrance. The titles to all interests in trust or restricted land
acquired by members of the tribes by devise or inheritance two years or
more after August 13, 1954 shall vest in such members in fee simple,
subject to any valid encumbrance.
(c) Multiple land ownership; partition; sale; election to
purchase; unlocated owners
Prior to the time provided in subsection (d) /1/ of this section for
the removal of restrictions on land owned by more than one member of a
tribe, the Secretary may --
(1) upon request of any of the owners, partition the land and issue
to each owner a patent or deed for his individual share that shall
become unrestricted two years from August 13, 1954;
(2) upon request of any of the owners and a finding by the Secretary
that partition of all or any part of the land is not practicable, cause
all or any part of the land to be sold at not less than the appraised
value thereof and distribute the proceeds of sale to the owners:
Provided, That any one or more of the owners may elect before a sale to
purchase the other interests in the land at not less than the appraised
value thereof, and the purchaser shall receive an unrestricted patent or
deed to the land; and
(3) if the whereabouts of none of the owners can be ascertained,
cause such lands to be sold and deposit the proceeds of sale in the
Treasury of the United States for safekeeping.
(Aug. 13, 1954, ch. 733, 6, 68 Stat. 725.)
/1/ So in original. Probably should be subsection ''(b)''.
25 USC 697. Property of deceased members
TITLE 25 -- INDIANS
(a) Federal laws not applicable to probate
The Act of June 25, 1910 (36 Stat. 855), the Act of February 14, 1913
(37 Stat. 678), and other Acts amendatory thereto shall not apply to the
probate of the trust and restricted property of the members of the
tribes who die six months or more after August 13, 1954.
(b) State, etc., laws applicable to probate
The laws of the several States, Territories, possessions, and the
District of Columbia with respect to the probate of wills, the
determination of heirs, and the administration of decedents' estates
shall apply to the individual property of members of the tribes who die
six months or more after August 13, 1954.
(Aug. 13, 1954, ch. 733, 7, 68 Stat. 726.)
Act of June 25, 1910, referred to in subsec. (a), is act June 25,
1910, ch. 431, 36 Stat. 855, as amended, which enacted sections 47,
93, 151, 202, 337, 344a, 351, 352, 353, 372, 403, 406, 407, and 408 of
this title, sections 6a-1 and 16a of Title 41, Public Contracts, and
section 148 of Title 43, Public Lands, and amended sections 191, 312,
331, 333, and 336 of this title and sections 104 and 107 of former Title
18, Criminal Code and Criminal Procedure. Sections 104 and 107 of
former title 18 were repealed and reenacted as sections 1853 and 1856 of
Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645,
62 Stat. 683. For complete classification of this Act to the Code, see
Tables.
Act of February 14, 1913, referred to in subsec. (a), is act Feb.
14, 1913, ch. 55, 37 Stat. 678, which amended section 373 of this
title. For complete classification of this Act to the Code, see Tables.
25 USC 698. Transfer of federally owned property
TITLE 25 -- INDIANS
The Secretary is authorized, in his discretion, to transfer to any
tribe or any member or group of members thereof any federally owned
property acquired, withdrawn, or used for the administration of the
affairs of the tribes subject to this subchapter which he deems
necessary for Indian use, or to transfer to a public or nonprofit body
any such property which he deems necessary for public use and from which
members of the tribes will derive benefits.
(Aug. 13, 1954, ch. 733, 8, 68 Stat. 726.)
25 USC 699. Taxes; initial exemption; taxes following distribution;
valuation for capital gains or losses
TITLE 25 -- INDIANS
No property distributed under the provisions of this subchapter shall
at the time of distribution be subject to Federal or State income tax.
Following any distribution of property made under the provisions of this
subchapter, such property and any income derived therefrom by the
individual, corporation, or other legal entity shall be subject to the
same taxes, State and Federal, as in the case of non-Indians: Provided,
That for the purpose of capital gains or losses the base value of the
property shall be the value of the property when distributed to the
individual, corporation, or other legal entity.
(Aug. 13, 1954, ch. 733, 9, 68 Stat. 726.)
25 USC 700. Protection of minors, persons non compos mentis and other
members needing assistance; guardians; other adequate means
TITLE 25 -- INDIANS
Prior to the transfer of title to, or the removal of restrictions
from, property in accordance with the provisions of this subchapter, the
Secretary shall protect the rights of members of the tribes who are
minors, non compos mentis, or in the opinion of the Secretary in need of
assistance in conducting their affairs by causing the appointment of
guardians for such members in courts of competent jurisdiction, or by
such other means as he may deem adequate.
(Aug. 13, 1954, ch. 733, 10, 68 Stat. 726.)
25 USC 701. Advances or expenditures from tribal funds
TITLE 25 -- INDIANS
Pending the completion of the property dispositions provided for in
this subchapter, the funds now on deposit, or hereafter deposited in the
Treasury of the United States to the credit of a tribe shall be
available for advance to the tribe, or for expenditure, for such
purposes as may be designated by the governing body of the tribe and
approved by the Secretary.
(Aug. 13, 1954, ch. 733, 11, 68 Stat. 726.)
25 USC 702. Execution by Secretary of patents, deeds, etc.
TITLE 25 -- INDIANS
The Secretary shall have authority to execute such patents, deeds,
assignments, releases, certificates, contracts, and other instruments as
may be necessary or appropriate to carry out the provisions of this
subchapter, or to establish a marketable and recordable title to any
property disposed of pursuant to this subchapter.
(Aug. 13, 1954, ch. 733, 12, 68 Stat. 727.)
25 USC 703. Termination of Federal trust
TITLE 25 -- INDIANS
(a) Publication; termination of Federal services; application of
Federal and State laws
Upon removal of Federal restrictions on the property of each tribe
and individual members thereof, the Secretary shall publish in the
Federal Register a proclamation declaring that the Federal trust
relationship to the affairs of the tribe and its members has terminated.
Thereafter individual members of the tribe shall not be entitled to any
of the services performed by the United States for Indians because of
their status as Indians, all statutes of the United States which affect
Indians because of their status as Indians, excluding statutes that
specifically refer to the tribe and its members, shall no longer be
applicable to the members of the tribe, and the laws of the several
States shall apply to the tribe and its members in the same manner as
they apply to other citizens or persons within their jurisdiction.
(b) Citizenship status unaffected
Nothing in this subchapter shall affect the status of the members of
a tribe as citizens of the United States.
(c) Education and training program; purposes; subjects;
transportation; subsistence; contracts; other education programs
Prior to the issuance of a proclamation in accordance with the
provisions of this section, the Secretary is authorized to undertake,
within the limits of available appropriations, a special program of
education and training designed to help the members of the tribe to earn
a livelihood, to conduct their own affairs, and to assume their
responsibilities as citizens without special services because of their
status as Indians. Such program may include language training,
orientation in non-Indian community customs and living standards,
vocational training and related subjects, transportation to the place of
training or instruction, and subsistence during the course of training
or instruction. For the purposes of such program the Secretary is
authorized to enter into contracts or agreements with any Federal,
State, or local governmental agency, corporation, association, or
person. Nothing in this section shall preclude any Federal agency from
undertaking any other program for the education and training of Indians
with funds appropriated to it.
(Aug. 13, 1954, ch. 733, 13, 68 Stat. 727.)
25 USC 704. Omitted
TITLE 25 -- INDIANS
Section, act Aug. 13, 1954, ch. 733, 14, 68 Stat. 727, which
revoked corporate charter of Confederated Tribes of Grand Ronde
Community of Oregon and provided for termination of Federal power with
regard to tribe, was omitted in view of Federal recognition and
restoration of corporate charter of Confederated Tribes of Grand Ronde
Community of Oregon by section 713b of this title.
25 USC 705. Offset of individual indebtedness; credit
TITLE 25 -- INDIANS
The Secretary is authorized to set off against any indebtedness
payable to the tribe or to the United States by an individual member of
the tribe, or payable to the United States by the tribe, any funds
payable to such individual or tribe under this subchapter and to deposit
the amount set off to the credit of the tribe or the United States as
the case may be.
(Aug. 13, 1954, ch. 733, 15, 68 Stat. 727.)
25 USC 706. Indian claims unaffected
TITLE 25 -- INDIANS
Nothing in this subchapter shall affect any claim heretofore filed
against the United States by any tribe.
(Aug. 13, 1954, ch. 733, 16, 68 Stat. 727.)
25 USC 707. Valid leases, permits, liens, etc., unaffected
TITLE 25 -- INDIANS
Nothing in this subchapter shall abrogate any valid lease, permit,
license, right-of-way, lien, or other contract heretofore approved.
Whenever any such instrument places in or reserves to the Secretary any
powers, duties, or other functions with respect to the property subject
thereto, the Secretary may transfer such functions, in whole or in part,
to any Federal agency with the consent of such agency.
(Aug. 13, 1954, ch. 733, 17, 68 Stat. 728.)
25 USC 708. Rules and regulations; tribal referenda
TITLE 25 -- INDIANS
The Secretary is authorized to issue rules and regulations necessary
to effectuate the purposes of this subchapter, and may in his discretion
provide for tribal referenda on matters pertaining to management or
disposition of tribal assets.
(Aug. 13, 1954, ch. 733, 18, 68 Stat. 728.)
25 USC SUBCHAPTER XXX-A -- SILETZ INDIAN TRIBE: RESTORATION OF FEDERAL
SUPERVISION
TITLE 25 -- INDIANS
25 USC 711. Definitions
TITLE 25 -- INDIANS
For the purposes of this subchapter --
(1) the term ''tribe'' means the Confederated Tribes of Siletz
Indians of Oregon;
(2) the term ''Secretary'' means the Secretary of the Interior or his
authorized representative;
(3) the term ''Interim Council'' means the council elected pursuant
to section 711c of this title;
(4) the term ''member'', when used with respect to the tribe, means a
person enrolled on the membership roll of the tribe, as provided in
section 711b of this title; and
(5) the term ''final membership roll'' means the final membership
roll of the tribe published on July 20, 1956, on pages 5454-5462 of
volume 21 of the Federal Register.
(Pub. L. 95-195, 2, Nov. 18, 1977, 91 Stat. 1415.)
Section 1 of Pub. L. 95-195 provided: ''That this Act (enacting
this subchapter) may be cited as the 'Siletz Indian Tribe Restoration
Act'.''
25 USC 711a. Federal recognition
TITLE 25 -- INDIANS
(a) Extension; laws applicable; eligibility for Federal services
and benefits
Federal recognition is hereby extended to the tribe, and the
provisions of the Act of June 18, 1934 (48 Stat. 984) as amended (25
U.S.C. 461 et seq.), except as inconsistent with specific provisions of
this subchapter, are made applicable to the tribe and the members of the
tribe. The tribe and the members of the tribe shall be eligible for all
Federal services and benefits furnished to federally recognized Indian
tribes. Notwithstanding any provision to the contrary in any law
establishing such services or benefits, eligibility of the tribe and its
members for such Federal services and benefits shall become effective
upon November 18, 1977, without regard to the existence of a reservation
for the tribe or the residence of members of the tribe on a reservation.
(b) Restoration of rights and privileges
Except as provided in subsection (c) of this section, all rights and
privileges of the tribe and of members of the tribe under any Federal
treaty, Executive order, agreement, or statute, or under any other
authority, which were diminished or lost under the Act of August 13,
1954 (68 Stat. 724) (25 U.S.C. 691 et seq.), are hereby restored, and
such Act shall be inapplicable to the tribe and to members of the tribe
after November 18, 1977.
(c) Hunting, fishing or trapping rights and tribal reservations not
restored
This subchapter shall not grant or restore any hunting, fishing, or
trapping right of any nature, including any indirect or procedural right
or advantage, to the tribe or any member of the tribe, nor shall it be
construed as granting, establishing, or restoring a reservation for the
tribe.
(d) Effect on property rights or obligations, contractual rights or
obligations, or obligations for taxes
Except as specifically provided in this subchapter, nothing in this
subchapter shall alter any property right or obligation, any contractual
right or obligation, or any obligation for taxes already levied.
(Pub. L. 95-195, 3, Nov. 18, 1977, 91 Stat. 1415.)
Act of June 18, 1934, referred to in subsec. (a), popularly known as
the Indian Reorganization Act, is classified generally to subchapter V (
461 et seq.) of this chapter. For complete classification of this Act
to the Code, see Short Title note set out under section 461 of this
title and Tables.
Act of August 13, 1954, referred to in subsec. (b), is act Aug. 13,
1954, ch. 733, 68 Stat. 724, which is classified generally to
subchapter XXX ( 691 et seq.) of this chapter. For complete
classification of this Act to the Code, see Tables.
25 USC 711b. Membership roll
TITLE 25 -- INDIANS
(a) Opening; duty of Secretary, Interim Council, and tribal
officials
The final membership roll is declared open. The Secretary, the
Interim Council, and tribal officials under the tribal constitution and
bylaws shall take such measures as will insure the continuing accuracy
of the membership roll.
(b) Prerequisites for inclusion
(1) Until after the initial election of tribal officers under the
tribal constitution and bylaws, a person shall be a member of the tribe
and his name shall be placed on the membership roll if he is living and
if --
(A) his name is listed on the final membership roll;
(B) he was entitled on August 13, 1954, to be on the final membership
roll but his name was not listed on that roll; or
(C) he is a descendant of a person specified in subparagraph (A) or
(B) and possesses at least one-fourth degree of blood of members of the
tribe or their Siletz Indian ancestors.
(2) After the initial election of tribal officials under the tribal
constitution and bylaws, the provisions of the tribal constitution and
bylaws shall govern membership in the tribe.
(c) Verification of descendancy, age, and blood; appeal; finality
of determination; possession of enrollment records and materials
(1) Before election of the Interim Council, verification of
descendancy, age, and blood shall be made upon oath before the Secretary
and his determination thereon shall be final.
(2) After election of the Interim Council and before the initial
election of the tribal officials, verification of descendancy, age, and
blood shall be made upon oath before the Interim Council, or its
authorized representative. A member of the tribe, with respect to the
inclusion of any name, and any person, with respect to the exclusion of
his name, may appeal to the Secretary, who shall make a final
determination of each such appeal within ninety days after an appeal has
been filed with him. The determination of the Secretary with respect to
an appeal under this paragraph shall be final.
(3) After the initial election of tribal officials, the provisions of
the tribal constitution and bylaws shall govern the verification of any
requirements for membership in the tribe, and the Secretary and the
Interim Council shall deliver their records and files, and any other
material relating to enrollment matters, to the tribal governing body.
(d) Franchisement
For purposes of sections 711c and 711d of this title, a member who is
eighteen years of age or older is entitled and eligible to be given
notice of, attend, participate in, and vote at, general council meetings
and to nominate candidates for, to run for any office in, and to vote
in, elections of members to the Interim Council and to other tribal
councils.
(Pub. L. 95-195, 4, Nov. 18, 1977, 91 Stat. 1416.)
25 USC 711c. Interim Council
TITLE 25 -- INDIANS
(a) Nomination and election of members; notice; meetings; ballot
requirements; approval by Secretary
Within forty-five days after November 18, 1977, the Secretary shall
announce the date of a general council meeting of the tribe to nominate
candidates for election to the Interim Council. Such general council
meeting shall be held within sixty days after November 18, 1977. Within
forty-five days after such general council meeting the Secretary shall
hold an election by secret ballot, absentee balloting to be permitted,
to elect nine members of the tribe to the Interim Council from among the
nominees submitted to him from such general council meeting. The
Secretary shall assure that notice of the time, place, and purpose of
such meeting and election shall be provided to members described in
section 711b(d) of this title at least fifteen days before such general
meeting and election. The ballot shall provide for write-in votes. The
Secretary shall approve the Interim Council elected pursuant to this
section if he is satisfied that the requirements of this section
relating to the nominating and election process have been met. If he is
not so satisfied, he shall hold another election under this section,
with the general council meeting to nominate candidates for election to
the Interim Council to be held within sixty days after such election.
(b) Powers of Council
The Interim Council shall represent the tribe and its members in the
implementation of this subchapter and shall be the acting tribal
governing body until tribal officials are elected pursuant to section
711d(c) of this title and shall have no powers other than those given to
it in accordance with this subchapter. The Interim Council shall have
full authority and capacity to receive grants from and to make contracts
with the Secretary and the Secretary of Health and Human Services with
respect to Federal services and benefits for the tribe and its members
and to bind the tribal governing body as the successor in interest to
the Interim Council for a period extending not more than six months
after the date on which the tribal governing body takes office. Except
as provided in the preceding sentence, the Interim Council shall have no
power or authority after the time when the duly-elected tribal governing
body takes office: Provided, That no authority to make payments under
this subchapter shall be effective except to such extent or in such
amounts as are provided in advance in appropriation Acts.
(c) Council vacancies; notice; meeting; election
Within thirty days after receiving notice of a vacancy on the Interim
Council, the Interim Council shall hold a general council meeting for
the purpose of electing a person to fill such vacancy. The Interim
Council shall provide notice of the time, place, and purpose of such
meeting and election to members described in section 711b(d) of this
title at least ten days before such general meeting and election. The
person nominated to fill such vacancy at the general council meeting who
received the highest number of votes in the election shall fill such
vacancy.
(Pub. L. 95-195, 5, Nov. 18, 1977, 91 Stat. 1416; Pub. L. 96-88,
title V, 509(b), Oct. 17, 1979, 93 Stat. 695.)
''Secretary of Health and Human Services'' substituted for
''Secretary of Health, Education, and Welfare'' in subsec. (b),
pursuant to section 509(b) of Pub. L. 96-88 which is classified to
section 3508(b) of Title 20, Education.
25 USC 711d. Tribal constitution and bylaws
TITLE 25 -- INDIANS
(a) Election; time and procedure
Upon the written request of the Interim Council, the Secretary shall
conduct an election by secret ballot, pursuant to the provisions of
section 476 of this title, for the purpose of adopting a constitution
and bylaws for the tribes. The election shall be held within sixty days
after the Secretary has --
(1) reviewed and updated the final membership roll for accuracy, in
accordance with section 711b(a), (b)(1), and (c)(1) of this title,
(2) made a final determination of all appeals filed under section
711b(c)(2) of this title, and
(3) published in the Federal Register a certification copy of the
membership roll of the tribe.
(b) Pre-election distribution of proposed constitution and bylaws and
brief impartial description; consultation by Interim Council with
members of tribe
The Interim Council shall draft and distribute to each member
described in section 711b(d) of this title, no later than thirty days
before the election under subsection (a) of this section, a copy of the
proposed constitution and bylaws of the tribe, as drafted by the Interim
Council, along with a brief, impartial description of the proposed
constitution and bylaws. The members of the Interim Council may freely
consult with members of the tribe concerning the text and description of
the constitution and bylaws, except that such consultation may not be
carried on within fifty feet of the polling places on the date of the
election.
(c) Majority vote necessary for adoption of constitution and bylaws
In any election held pursuant to subsection (a) of this section, the
vote of a majority of those actually voting shall be necessary and
sufficient for the adoption of a tribal constitution and bylaws.
(d) Election of tribal officials provided for in constitution and
bylaws; ballot requirements
Not later than one hundred and twenty days after the tribe adopts a
constitution and bylaws, the Interim Council shall conduct an election
by secret ballot for the purpose of electing the individuals who will
serve as tribal officials as provided in the tribal constitution and
bylaws. For the purpose of this election and notwithstanding any
provision in the tribal constitution and bylaws to the contrary,
absentee balloting shall be permitted.
(Pub. L. 95-195, 6, Nov. 18, 1977, 91 Stat. 1417.)
25 USC 711e. Reservation
TITLE 25 -- INDIANS
(a) Establishment
Any reservation for the tribe shall be established by an Act of
Congress enacted after November 18, 1977.
(b) Plan; negotiation with tribe; approval by tribal officials;
submittal to Congress
Inasmuch as the reservation of the tribe has been terminated, the
Secretary shall negotiate with the tribe, or with representatives of the
tribe chosen by the tribe, concerning the establishment of a reservation
for the tribe and shall, in accordance with subsections (c) and (d) of
this section and within two years after November 18, 1977, develop a
plan for the establishment of a reservation for the tribe. Upon
approval of such plan by the tribal officials elected under the tribal
constitution and bylaws adopted pursuant to section 711d of this title,
the Secretary shall submit such plan, in the form of proposed
legislation, to the Congress.
(c) Notification and consultation
To assure that legitimate State and local interests are not
prejudiced by the creation of a reservation for the tribe, the
Secretary, in developing a plan under subsection (b) of this section for
the establishment of a reservation, shall notify and consult with all
appropriate officials of the State of Oregon, all appropriate local
governmental officials in the State of Oregon and any other interested
parties. Such consultation shall include the following subjects:
(1) the size and location of the reservation;
(2) the effect the establishment of the reservation would have on
State and local tax revenues;
(3) the criminal and civil jurisdiction of the State of Oregon with
respect to the reservation and persons on the reservation;
(4) hunting, fishing, and trapping rights of the tribe and members of
the tribe, on the reservation;
(5) the provision of State and local services to the reservation and
to the tribe and members of the tribe on the reservation; and
(6) the provision of Federal services to the reservation and to the
tribe and members of the tribe and the provision of services by the
tribe to members of the tribe.
(d) Provisions of plan
Any plan developed under this section for the establishment of a
reservation for the tribe shall provide that --
(1) any real property transferred by the tribe or members of the
tribe to the Secretary shall be taken in the name of the United States
in trust for the benefit of the tribe and shall be the reservation for
the tribe;
(2) the establishment of such a reservation will not grant or restore
to the tribe or any member of the tribe any hunting, fishing, or
trapping right of any nature, including any indirect or procedural right
or advantage, on such reservation;
(3) the Secretary shall not accept any real property in trust for the
benefit of the tribe or its members unless such real property is located
within Lincoln County, State of Oregon;
(4) any real property taken in trust by the Secretary for the benefit
of the tribe or its members shall be subject to all rights existing at
the time such property is taken in trust, including liens, outstanding
Federal, State, and local taxes, mortgages, outstanding indebtedness of
any kind, easements, and all other obligations, and shall be subject to
foreclosure and sale in accordance with the laws of the State of Oregon;
(5) the transfer of any real property to the Secretary in trust for
the benefit of the tribe or its members shall be exempt from all
Federal, State, and local taxation, and all such real property shall, as
of the date of such transfer, be exempt from Federal, State, and local
taxation; and
(6) the State of Oregon shall have civil and criminal jurisdiction
with respect to the reservation and persons on the reservation in
accordance with section 1360 of title 28 and section 1162 of title 18.
(e) Statement
The Secretary shall append to the plan a detailed statement
describing the manner in which the notification and consultation
prescribed by subsection (c) of this section was carried out and shall
include any written comments with respect to the establishment of a
reservation for the tribe submitted to the Secretary by State and local
officials and other interested parties in the course of such
consultation.
(Pub. L. 95-195, 7, Nov. 18, 1977, 91 Stat. 1418.)
Pub. L. 97-38, Aug. 14, 1981, 95 Stat. 938, provided: ''That,
notwithstanding any other provision of law or regulation, the Attorney
General shall approve any deed or other instrument which --
''(1) conveys to the United States the land described in section 2 of
the Act entitled 'An Act to establish a reservation for the Confederated
Tribes of Siletz Indians of Oregon', approved September 4, 1980 (94
Stat. 1073) (set out as a note below), and
''(2) incorporates by reference the terms of the agreement entered
into on September 18, 1980, by the city of Siletz, Oregon, the
Confederated Tribes of Siletz Indians of Oregon, and the United States
of America.
The Secretary of the Interior or the Confederated Tribes of Siletz
Indians of Oregon may erect permanent improvements, improvements of a
substantial value, or any other improvements authorized by law on such
land after such land is conveyed to the United States.''
Pub. L. 96-340, Sept. 4, 1980, 94 Stat. 1072, established a
reservation for the Confederated Tribes of Siletz Indians of Oregon,
particularly describing, subject to all valid liens, rights-of-way,
agreements, licenses, permits, and easements as of Sept. 4, 1980, the
parcel of land, consisting of approximately 3,630 acres in the State of
Oregon and the parcel of land to be conveyed by the city of Siletz to
the Secretary of the Interior, known as Government Hill, to be held in
trust for the Confederated Tribes of Siletz Indians of Oregon, with both
parcels of land subject to the provisions of section 461 et seq. of
this title and the right of the Secretary of the Interior to establish,
without compensation to such tribes, reasonable rights-of-way and
easements to provide access to other Federal lands, no new or additional
hunting, fishing, or trapping rights beyond the rights declared in the
final judgment of the United States District Court in the action
entitled Confederated Tribes of Siletz Indians of Oregon against State
of Oregon, entered on May 2, 1980, be deemed, granted, or restored to
the tribe or any member of the tribe, and civil and criminal
jurisdic