
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: 25USC608]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
                     SUBCHAPTER XVII--YAKIMA TRIBES
 
Sec. 608. Purchase, sale, and exchange of land


(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, Sec. 1, 69 Stat. 392; Pub. L. 88-540, Sec. 1, 
Aug. 31, 1964, 78 Stat. 747; Pub. L. 100-581, title II, Sec. 213, Nov. 
1, 1988, 102 Stat. 2941; Pub. L. 101-301, Sec. 1(a)(3), (b), May 24, 
1990, 104 Stat. 206.)

                          Codification

    Section was not enacted as part of act Aug. 9, 1946, ch. 933, 60 
Stat. 968, which comprises this subchapter.


                               Amendments

    1990--Subsec. (c). Pub. L. 101-301, Sec. 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, Sec. 1(a)(3), repealed Pub. L. 100-581, Sec. 213. 
See 1988 Amendment note below.
    1988--Subsec. (c). Pub. L. 100-581, Sec. 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, Sec. 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 465, 608b, 608c of this 
title.
