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U.S. Code as of:
01/19/04
Section 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.
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