Page:United States Statutes at Large Volume 82.djvu/216

 174

PUBLIC LAW 90-335-JUNE 10, 1968

[82 STAT.

Public Law 90-335 June 10, 1968 [H. R. 32991

Spokane Indian Reservation, Wash. Lands.

Nontaxability.

Value limitation.

Lands held by mortgage or deed of trust.

79 Stat. 887.

AN ACT To authorize the purchase, sale, and exchange of certain lands on the Spokane Indian Reservation, and for other purposes.

Be it enacted by the Senate and House of Re^n-esentathies of the United States of America in Congress assembled, That, (a) 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. (8) Exchange any tribal trust lands, includins: interests therein or improvements thereon, for any lands situated within such reservation. (b) 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) Title to lands, or any interests therein, acquired pursuant to this Act by 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: Provided, however, That the value on nontrust lands, or nontrust interests in land, acquired under this Act 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 twelvemonth period preceding acquisition by the tribe. (d) 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 cause to the United States district court for the district in which the land is located, following the procedure in section 1M6, title 28, United States Code: Provided, That the United States shall have the right to appeal from any order of remand in the case. (e) 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

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