§ 488 TITLE 25—INDIANS Page 200

1See References in Text note below.

(b) Individual Indian trust lands

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) Nontaxability

Title to lands, or any interests therein, acquired pursuant to this Act for 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.

(d) Lands held by mortgage or deed of trust

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

clause to the United States district court for the

district in which the land is located, following

the procedure in section 1446 of title 28: Provided,

That the United States shall have the right to

appeal from any order of remand in the case.

(e) Acquisition and sale procedures; land purchase and consolidation program

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 prescribed by the

Secretary, shall be limited to lands situated

within the boundary of the Spokane Reservation. Such acquisition by the Spokane Tribe, or

individual members thereof, may be achieved by

exchange of lands with Indians or non-Indians as

well as outright purchase, with adjusting payments to approximate equal value. Moneys or

credits received by the tribe in the sale of lands

shall be used for the purchase of other lands, or

for such other purpose as may be consistent

with the land purchase and consolidation program, approved by the Secretary of the Interior.

(Pub. L. 90–335, §1(a)–(e), June 10, 1968, 82 Stat.

174; Pub. L. 93–286, May 21, 1974, 88 Stat. 142.)

REFERENCES IN TEXT

This Act, referred to in subsecs. (c), (d), and (e), is

Pub. L. 90–335, June 10, 1968, 82 Stat. 174, as amended,

which enacted this section and amended section 415 of

this title. For complete classification of this Act to the

Code, see Tables.

CODIFICATION

Section is comprised of subsecs. (a) to (e) of section

1 of Pub. L. 90–335. Subsec. (f) of section 1 of Pub. L.

90–335 amended section 415 of this title.

AMENDMENTS

1974—Subsec. (c). Pub. L. 93–286 substituted ‘‘for the

Spokane Tribe or individual’’ for ‘‘by the Spokane

Tribe or individual’’, and struck out proviso that the

value on nontrust lands, or nontrust interests in land,

acquired under this section 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.

§ 488. Agricultural loans to acquire land within

reservations

The Secretary of Agriculture is authorized to

make loans from the Farmers Home Administration Direct Loan Account created by section

1988(c) 1 of title 7, and to make and insure loans

as provided in sections 1928 1 and 1929 of title 7,

to any Indian tribe recognized by the Secretary

of the Interior or tribal corporation established

pursuant to the Indian Reorganization Act (25

U.S.C. 477), which does not have adequate uncommitted funds, to acquire lands or interests

therein within the tribe’s reservation as determined by the Secretary of the Interior, or within a community in Alaska incorporated by the

Secretary pursuant to the Indian Reorganization Act [25 U.S.C. 461 et seq.], for use of the

tribe or the corporation or the members of either. Such loans shall be limited to such Indian

tribes or tribal corporations as have reasonable

prospects of success in their proposed operations

and as are unable to obtain sufficient credit

elsewhere at reasonable rates and terms to finance the purposes authorized in sections 488 to

494 of this title.

(Pub. L. 91–229, §1, Apr. 11, 1970, 84 Stat. 120.)

REFERENCES IN TEXT

Section 1988(c) of title 7, referred to in text, was repealed by Pub. L. 104–127, title VII, §749(a)(1), Apr. 4,

1996, 110 Stat. 1129.

Section 1928 of title 7, referred to in text, was amended generally by Pub. L. 104–127, title VI, §605, Apr. 4,

1996, 110 Stat. 1086, and, as so amended, no longer contains provisions relating to insurance of loans.

Tribal corporation established by the Indian Reorganization Act (25 U.S.C. 477), referred to in text, means

a tribal corporation established under act June 18, 1934,

ch. 576, §17, 48 Stat. 988, which is classified to section

477 of this title.

The Indian Reorganization Act, referred to in text, is

act June 18, 1934, ch. 576, 48 Stat. 984, as amended,

which is classified generally to this subchapter. For

complete classification of this Act to the Code, see

Short Title note set out under section 461 of this title

and Tables.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 489, 490, 491, 492,

493, 494 of this title; title 7 section 1985.

§ 489. Title in trust to United States

Title to land acquired by a tribe or tribal corporation with a loan made or insured pursuant