Page:United States Statutes at Large Volume 97.djvu/1101

 PUBLIC LAW 98-165—NOV. 22, 1983 97 STAT. 1069 tion on the proposed plan to such officials and interested parties, including the restrictions on such proposed plan imposed by subsec- tion (c). During any consultation by the Secretary under this subsec- Information tion, the Secretary shall provide such information as he may comments^ 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) 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 out- standing 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 obliga- tion 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, United States Code, and section 1360 of title 28, United States Code, respectively; and (7) any Federal real property transferred for the benefit of the tribe, pursuant to any reservation plan developed under section 8(a) of this Act, shall come only from available public lands administered under the Federal Land Policy and Meinagement 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 Secre- tary shall append to the plan submitted to the Congress under subsection (a) a detailed statement—

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