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U.S. Code as of:
01/19/04
Section 713f. Establishment of tribal reservation
(a) Plan for establishment of reservation
(1) Any reservation for the tribe shall be established by an Act
of Congress enacted after November 22, 1983.
(2) The Secretary shall enter into negotiations with the tribal
governing body with respect to establishing a reservation for the
tribe and, in accordance with this section and within two years of
November 22, 1983, develop a plan for the establishment of such a
reservation. Upon the approval of such plan by the tribal governing
body (and after consultation with interested parties pursuant to
subsection (b) of this section), the Secretary shall submit such
plan to the Clerk of the House of Representatives and the Secretary
of the Senate for distribution to the committees of the respective
Houses of the Congress with jurisdiction over the subject matter.
(b) Consultation with State and local officials required
To assure that legitimate State and local interests are not
prejudiced by the proposed enlargement of the reservation, the
Secretary shall notify and consult all appropriate officials of the
State of Oregon, all appropriate local governmental officials in
the State of Oregon, and any other interested party in developing
any plan under subsection (a) of this section. The Secretary shall
provide complete information on the proposed plan to such officials
and interested parties, 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 he may possess, and shall request
comments and additional information, on the following subjects:
(1) The size and location of the proposed reservation.
(2) The anticipated effect of the establishment of the proposed
reservation on State and local expenditures and tax revenues.
(3) The extent of any State or local service to the tribe, the
reservation of the tribe, or members after the establishment of
the proposed reservation.
(4) The extent of Federal services to be provided in the future
to the tribe, the reservation of the tribe, or members.
(5) The extent of service to be provided in the future by the
tribe to members residing on or off the reservation.
(c) Restrictions on 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 and shall be a part of the
reservation of the tribe;
(2) the establishment of the reservation shall not grant or
restore to the tribe or any member any hunting, fishing, or
trapping right of any kind on such reservation, including any
indirect or procedural right or advantage over individuals who
are not members of the tribe;
(3) the Secretary shall not accept any real property in trust
for the benefit of the tribe or its members which is not located
within the political boundaries of Polk, Yamhill, or Tillamook
County, Oregon;
(4) 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 of Oregon pursuant to the terms of any valid obligation
in existence at the time of the acquisition of such land by the
Secretary;
(5) any real property transferred pursuant to such plan shall
be exempt from Federal, State, and local taxation of any kind;
(6) the State of Oregon shall exercise criminal and civil
jurisdiction over the reservation, and over the individuals on
the reservation, in accordance with section 1162 of title 18 and
section 1360 of title 28, respectively; and
(7) any Federal real property transferred for the benefit of
the tribe, pursuant to any reservation plan developed under
subsection (a) of this section, shall come only from available
public lands administered under the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701), and from lands held in
trust by the United States for the tribe or for individual
Indians.
(d) Appendix to plan submitted to the Congress
The Secretary shall append to the plan submitted to the Congress
under subsection (a) of this section a detailed statement -
(1) describing the manner in which the Secretary notified all
interested parties in accordance with subsection (b) of this
section;
(2) naming each individual and official consulted in accordance
with subsection (b) of this section;
(3) summarizing the testimony received by the Secretary
pursuant to any such consultation; and
(4) including any written comments or reports submitted to the
Secretary by any party named in paragraph (2).
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