Page:United States Statutes at Large Volume 91.djvu/1452

 91 STAT. 1418

Reservation, establishment. 25 USC 711e. Plan, negotiation with tribe and approval. Submittal to

Notification and consultation.

Plan provisions. Real property in trust.

PUBLIC LAW 95-195—NOV. 18, 1977 bylaws. For the purpose of this election and notwithstanding any provision in the tribal constitution and bylaws to the contrary, absentee balloting shall be permitted. SEC. 7. (a) Any reservation for the tribe shall be established by an Act of Congress enacted after the enactment of this Act. (b) 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) and within two years after the date of enactment of this Act, 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 6, the Secretary shall submit such plan, in the form of proposed legislation, to the Congress. (c) 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) for the establishment of a reservation, shall notify and consult with all appropriate officials of the Stat« 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) 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;

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