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U.S. Code as of:
01/19/04
Section 711e. Reservation
(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.
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