2013 US Code
Title 25 - Indians
Chapter 14 - MISCELLANEOUS (§§ 441 - 1300n-6)
Subchapter V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES (§§ 461 - 494a)
Section 463d - Restoration of lands in Umatilla Indian Reservation to tribal ownership
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 25 - INDIANS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES Sec. 463d - Restoration of lands in Umatilla Indian Reservation to tribal ownership |
Contains | section 463d |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | No |
Disposition | standard |
Source Credit | Aug. 10, 1939, ch. 662, §1, 53 Stat. 1351. |
Statutes at Large References | 53 Stat. 1351 63 Stat. 378 71 Stat. 468 92 Stat. 202 |
Public Law References | Public Law 85-186, Public Law 95-264 |
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The Secretary of the Interior is authorized in his discretion to restore to tribal ownership the undisposed of surplus lands of the Umatilla Indian Reservation, Oregon, heretofore opened to entry or other form of disposal under the public-land laws: Provided, That restoration shall be subject to any existing valid rights.
(Aug. 10, 1939, ch. 662, §1, 53 Stat. 1351.)
INHERITANCE OF TRUST OR RESTRICTED LANDSPub. L. 95–264, Apr. 18, 1978, 92 Stat. 202, provided: "That the right to inherit trust or restricted land on the Umatilla Indian Reservation, to the extent that the laws of descent of the State of Oregon are inconsistent herewith, shall be as provided herein.
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Pub. L. 85–186, Aug. 28, 1957, 71 Stat. 468, provided: "That, upon request of any Indian tribe, group, or corporate entity, and approval of the request by the Secretary of the Interior as provided in this Act, the Administrator of the General Services Administration is authorized to transfer, without cost to such Indian tribe, group, or corporate entity, title to any property of the United States at the McNary Dam townsite, Umatilla, Oregon, or at Pickstown, South Dakota, that is declared surplus pursuant to the Federal Property and Administrative Services Act of 1949 (Act of June 30, 1949; 63 Stat. 378), as amended [see chapters 1 to 11 of Title 40, Public Buildings, Property, and Works, and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of Title 41, Public Contracts]. Such property shall not be exempt from taxation because of the fact that title is held by the Indian tribe, group, or corporate entity.
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"(a) the Indian tribe, group, or corporate entity is organized under State or Federal law in a form satisfactory to the Secretary for the purpose of holding title to the property;
"(b) the surplus property is to be used to stimulate industrial development near the Indian tribe, band, group, or reservations;
"(c) the Indian tribe, group, or corporate entity has executed a contract with an industrial enterprise that is acceptable to the Secretary;
"(d) the contract between the Indian tribe, group, or corporate entity and the industrial enterprise contains such provisions as the Secretary deems desirable, including in substance the following:
"(1) Title to the property will remain in the Indian tribe, group, or corporate entity, and the property will be made available to the industrial enterprise at a rental fee commensurate with the purposes of this Act, which rental shall be paid to the United States Treasury.
"(2) The industrial enterprise will employ Indians in large enough numbers to justify, in the judgment of the Secretary, the purposes of this Act.
"(3) The industrial enterprise will agree to pay its employees fair and equitable wages commensurate with the general wage scale in the area.
"(4) The industrial enterprise will maintain the property in good repair, pay all taxes properly assessed against the property, and be responsible for the payment of all charges for utility services to the property.
"(5) At the end of the contract period the industry will have an option to purchase the property at its appraised price, as determined by the Secretary, the proceeds of such sale will revert to the United States Treasury.
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