
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC487]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
    SUBCHAPTER V--PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES
 
Sec. 487. Spokane Indian Reservation; consolidations of land


(a) Purchase, sale, and exchange

    For the purpose of effecting consolidations of land situated within 
the Spokane Indian Reservation in the State of Washington into the 
ownership of the tribe and of individual tribal members and for the 
purpose of attaining and preserving an economic land base for Indian 
use, alleviating problems of Indian heirship and assisting in the 
productive leasing, disposition, and other use of tribal lands, the 
Secretary of the Interior is authorized in his discretion to:
    (1) Purchase for the Spokane Tribe of Indians with any funds of such 
tribe and to otherwise acquire by gift, exchange, or relinquishment any 
lands or interest in lands or improvements thereon within the Spokane 
Indian Reservation.
    (2) Sell or approve sales of any tribal trust lands, any interest 
therein or improvements thereon.
    (3) Exchange any tribal trust lands, including interests therein or 
improvements thereon, for any lands situated within such reservation.

(b) Individual Indian trust lands

    The Secretary of the Interior is authorized to sell and exchange 
individual Indian trust lands held in multiple ownership to the Spokane 
Tribe or to individual members thereof if the sale or exchange is 
authorized in writing by owners of at least a majority interest in such 
lands; except that no greater percentage of approval of individual 
Indians shall be required under this Act than in any other statute of 
general application approved by Congress.

(c) Nontaxability

    Title to lands, or any interests therein, acquired pursuant to this 
Act for the Spokane Tribe or individual enrolled members thereof, shall 
be taken in the name of the United States of America in trust for the 
tribe or individual Indian, and shall be nontaxable as other tribal and 
allotted Indian trust lands of the Spokane Reservation.

(d) Lands held by mortgage or deed of trust

    That any tribal land that may be sold pursuant to this Act 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 a mortgage or deed of trust in accordance 
with the laws of the State of Washington. The United States shall be an 
indispensable party to any such proceeding with the right of removal of 
the clause to the United States district court for the district in which 
the land is located, following the procedure in section 1446 of title 
28: Provided, That the United States shall have the right to appeal from 
any order of remand in the case.

(e) Acquisition and sale procedures; land purchase and consolidation 
        program

    The acquisition and sale of lands for the Spokane Tribe pursuant to 
this Act shall be upon request of the business council of the Spokane 
Tribe, evidenced by a resolution adopted in accordance with the 
constitution and bylaws of the tribe, and shall be in accordance with a 
land purchase and consolidation plan approved by the Secretary of the 
Interior, and except as it may otherwise be authorized or prescribed by 
the Secretary, shall be limited to lands situated within the boundary of 
the Spokane Reservation. Such acquisition by the Spokane Tribe, or 
individual members thereof, may be achieved by exchange of lands with 
Indians or non-Indians as well as outright purchase, with adjusting 
payments to approximate equal value. Moneys or credits received by the 
tribe in the sale of lands shall be used for the purchase of other 
lands, or for such other purpose as may be consistent with the land 
purchase and consolidation program, approved by the Secretary of the 
Interior.

(Pub. L. 90-335, Sec. 1(a)-(e), June 10, 1968, 82 Stat. 174; Pub. L. 93-
286, May 21, 1974, 88 Stat. 142.)

                       References in Text

    This Act, referred to in subsecs. (c), (d), and (e), is Pub. L. 90-
335, June 10, 1968, 82 Stat. 174, as amended, which enacted this section 
and amended section 415 of this title. For complete classification of 
this Act to the Code, see Tables.

                          Codification

    Section is comprised of subsecs. (a) to (e) of section 1 of Pub. L. 
90-335. Subsec. (f) of section 1 of Pub. L. 90-335 amended section 415 
of this title.


                               Amendments

    1974--Subsec. (c). Pub. L. 93-286 substituted ``for the Spokane 
Tribe or individual'' for ``by the Spokane Tribe or individual'', and 
struck out proviso that the value on nontrust lands, or nontrust 
interests in land, acquired under this section by the Spokane Tribe 
during any twelve-month period shall not exceed the value of lands, or 
interests in land, that passed in any manner from a nontaxable trust 
status to a taxable fee status within the boundaries of the Spokane 
Reservation in Stevens County, Washington, during the twelve-month 
period preceding acquisition by the tribe.
