§ 608 TITLE 25—INDIANS Page 230

praisal, of any interest in trust or restricted land within the specified areas which a person not an enrolled

member of the Yakima Tribes with one-fourth degree

or more blood of such tribes was to receive by devise or

inheritance, for provisions limiting the inheritance of

trust land on the Yakima Reservation to enrolled members of the Yakima Tribes of one-fourth or more blood

of such tribes and to surviving spouses who are enrolled

members but possess less than one-fourth degree of

Yakima blood, with such surviving spouses authorized

to inherit a life estate in not more than one-half the

property, and added subsecs. (b) and (c).

EFFECTIVE DATE OF 1970 AMENDMENT

Section 2 of Pub. L. 91–627 provided that: ‘‘The provisions of section 7 of the Act of August 9, 1946, as amended by this Act [this section], shall apply to all estates

pending before the Examiner of Inheritance on the date

of this Act [Dec. 31, 1970], and to all future estates, but

shall not apply to any estate heretofore closed.’’

§ 608. Purchase, sale, and exchange of land

(a) Authority of Secretary; manner and place

The Secretary of the Interior is authorized in

his discretion, to—

(1) purchase for the Yakima Tribes, with any

funds of such tribes, and to otherwise acquire

by gift, exchange, or relinquishment, any

lands or interest in lands or improvements

thereon within the Yakima Indian Reservation or within the area ceded to the United

States by the Treaty of June 9, 1855;

(2) sell or approve sales of any tribal trust

lands, any interest therein or improvements

thereon, such sales being limited to agencies

of the Federal, State, or local governments for

recreational, educational, civic, or other public purposes, and to individual members of the

tribes;

(3) exchange any tribal trust lands, including

interests therein or improvements thereon, for

any lands situated within such reservation or

the area ceded to the United States by the

treaty of June 9, 1855; and

(b) Multiple ownership of land

Where lands are held in multiple ownership,

the Secretary is authorized to sell and exchange

such lands to other Indians or the Yakima

Tribes only if the sale or exchange is authorized

in writing by the owners of at least a majority

interest in such lands; except that no greater

percentage of approval of individual Indians

shall be required under sections 608 to 608c of

this title than in any other statute of general

application approved by Congress.

(c) Acquisitions to be held in trust

Lands and interests in lands acquired by the

Secretary pursuant to subsection (a)(1) of this

section and for the benefit of the Yakima Indian

Nation pursuant to section 465 of this title shall

be held in trust by the United States for the

benefit of the Yakima Indian Nation.

(d) Terms and conditions

The Secretary shall obtain the advice and consent of the Yakima tribal council before entering into any of the above transactions involving

the acquisition or disposition of tribal land. The

terms and conditions of any such transaction,

including the price at which any land is so purchased or sold and the valuation of any lands so

exchanged, shall be mutually agreed upon by the

Secretary, the Yakima tribal council, and the

individual Indian or Indians concerned. Any

such exchange of lands shall be effected on the

basis of approximately equal consideration with

due allowance for the value of improvements in

determining the value of such lands.

(July 28, 1955, ch. 423, §1, 69 Stat. 392; Pub. L.

88–540, §1, Aug. 31, 1964, 78 Stat. 747; Pub. L.

100–581, title II, §213, Nov. 1, 1988, 102 Stat. 2941;

Pub. L. 101–301, §1(a)(3), (b), May 24, 1990, 104

Stat. 206.)

CODIFICATION

Section was not enacted as part of act Aug. 9, 1946,

ch. 933, 60 Stat. 968, which comprises this subchapter.

AMENDMENTS

1990—Subsec. (c). Pub. L. 101–301, §1(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read

as follows: ‘‘In all cases in which the Secretary is acquiring for the Yakima Tribes lands or interests in

lands presently held in trust or under restrictions for

the benefit of an individual Indian, title shall be taken

in the name of the United States in trust for the Yakima Tribes. In all cases in which land being purchased

is presently held by the grantor in fee simple, title

shall be taken for and held by the Yakima Tribes in fee

and such land shall not, by reason of its being owned by

the tribes, be exempt from taxation in accordance with

the laws of the State of Washington.’’

Pub. L. 101–301, §1(a)(3), repealed Pub. L. 100–581, §213.

See 1988 Amendment note below.

1988—Subsec. (c). Pub. L. 100–581, §213, which directed

the general amendment of subsec. (c) of Pub. L. 88–540,

cited as a credit to this section, was repealed by Pub.

L. 101–301, §1(a)(3).

1964—Pub. L. 88–540 amended section generally, and

among other changes, permits acquisitions by gift or

relinquishment, acquisition of any land within the reservation or area ceded to the United States by the treaty of June 9, 1855, sale of tribal land not only to tribe

members, but also to Federal, State, or local government for recreational, educational, civic, or other public purposes, exchange of tribal land for any land within the reservation or the ceded area, lands held in multiple ownership to be sold or exchanged upon the written authorization of owners of at least a majority interest in the lands or any lesser percentage that may

be provided in a statute of general application, and

title to land in fee status acquired by the tribes to be

taken in fee status.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 465, 608b, 608c of

this title.

§ 608a. Sale of tribal trust lands, etc.

(a) Title subsequent to sale

Title to tribal trust lands, interests, improvements, or rights sold by the Secretary to individual members of the Yakima Tribes or exchanged by the Secretary for lands held under

trust patent or other restrictions against alienation by individual members of the tribes and

other Indians or for lands in heirship status

shall be held by the United States in trust for

the individual Indian or Indians concerned.

(b) Credit of proceeds to tribal funds

Sums derived from the sale of tribal trust

lands interests, improvements, and rights shall

be credited to the tribal funds of the Yakima

Tribes.
Page 231 TITLE 25—INDIANS § 609b

(July 28, 1955, ch. 423, §2, 69 Stat. 393; Pub. L.

88–540, §2, Aug. 31, 1964, 78 Stat. 748.)

CODIFICATION

Section was not enacted as part of act Aug. 9, 1946,

ch. 933, 60 Stat. 968, which comprises this subchapter.

AMENDMENTS

1964—Subsec. (a). Pub. L. 88–540 struck out provisions

that title to lands, interests, improvements, or rights

acquired under section 608 of this title by the Secretary

for the Yakima Tribes through purchase or exchange

shall be held by the United States in trust for the Yakima Tribes.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 465, 608, 608b,

608c of this title.

§ 608b. Rights of lessee

(a) No transaction entered into under sections

608 to 608c of this title shall affect, without the

consent of the lessee, any lease of lands, interests, improvements, or rights involved in such

transaction, or any right of the lessee with respect to extension or renewal of such lease,

which is in existence at the time such transaction is entered into.

(b) Repealed, Pub. L. 88–540, §3, Aug. 31, 1964, 78

Stat. 748.

(July 28, 1955, ch. 423, §3, 69 Stat. 393; Pub. L.

88–540, §3, Aug. 31, 1964, 78 Stat. 748.)

CODIFICATION

Section was not enacted as part of act Aug. 9, 1946,

ch. 933, 60 Stat. 968, which comprises this subchapter.

AMENDMENTS

1964—Subsec. (b). Pub. L. 88–540 repealed subsec. (b)

which provided: ‘‘Nothing in sections 608–608c of this

title shall affect the existing status of any lands, interests, improvements, or rights with respect to taxation.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 465, 608, 608c of

this title.

§ 608c. Regulations

The Secretary is authorized to prescribe such

regulations as may be necessary to carry out the

purposes of sections 608 to 608c of this title.

(July 28, 1955, ch. 423, §4, 69 Stat. 393.)

CODIFICATION

Section was not enacted as part of act Aug. 9, 1946,

ch. 933, 60 Stat. 968, which comprises this subchapter.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 465, 608, 608b of

this title.

§ 609. Action to determine title to judgment fund;

claim of Confederated Tribes of the Colville

Reservation; jurisdiction of Court of Claims

The Confederated Tribes of the Colville Reservation, acting through the chairman of its

business council, and the Yakima Tribes of Indians of the Yakima Reservation, acting through

the chairman of its tribal council, for and on behalf of said tribes and each and all their constituent tribal groups, are each hereby authorized to commence or defend in the United States

Court of Claims an action against each other

making claims to a share in the funds that are

on deposit in the Treasury of the United States

to pay a judgment of the Indian Claims Commission dated April 5, 1965, in dockets numbered 161,

222, and 224, and the interest on said funds; and

jurisdiction is hereby conferred upon said court

to hear such claims and to render judgment and

decree thereon making such division of such

funds and the interest on such funds, as may be

just and fair in law and equity, between the Confederated Tribes of the Colville Reservation and

its constituent tribal groups on the one hand,

and the Yakima Tribes of Indians of the Yakima

Reservation and its constituent tribal groups on

the other hand.

(Pub. L. 90–278, §1, Mar. 30, 1968, 82 Stat. 69.)

REFERENCES IN TEXT

The United States Court of Claims, referred to in

text, and the United States Court of Customs and Patent Appeals were merged effective Oct. 1, 1982, into a

new United States Court of Appeals for the Federal Circuit by Pub. L. 97–164, Apr. 2, 1982, 96 Stat. 25, which

also created a United States Claims Court [now United

States Court of Federal Claims] that inherited the trial

jurisdiction of the Court of Claims. See sections 48, 171

et seq., 791 et seq., and 1491 et seq. of Title 28, Judiciary

and Judicial Procedure.

The Indian Claims Commission, referred to in text,

was terminated on Sept. 30, 1978. See Codification note

set out under former section 70 et seq. of this title.

CODIFICATION

Section was not enacted as part of act Aug. 9, 1946,

ch. 933, 60 Stat. 968, which comprises this subchapter.

§ 609a. Tax exemption

Any part of such funds that may be distributed per capita to the members of the tribes

shall not be subject to Federal or State income

tax.

(Pub. L. 90–278, §2, Mar. 30, 1968, 82 Stat. 69.)

CODIFICATION

Section was not enacted as part of act Aug. 9, 1946,

ch. 933, 60 Stat. 968, which comprises this subchapter.

§ 609b. Disposition of judgment fund; deductions;

advances, expenditures, investments, or reinvestments for authorized purposes

The funds appropriated by the Act of October

31, 1965 (79 Stat. 1133, 1152), to pay judgments to

the Yakima Tribes of the Yakima Reservation

in Indian Claims Commission docket numbered

47–A and 162, and by the Act of July 22, 1969 (83

Stat. 49), in consolidated dockets 47 and 164, together with interests thereon, after payment of

attorney fees and litigation expenses, may be

advanced, expended, invested, or reinvested for

any purpose that is authorized by the tribal governing body and approved by the Secretary of

the Interior.

(Pub. L. 91–413, §1, Sept. 25, 1970, 84 Stat. 865.)

REFERENCES IN TEXT

Act of October 31, 1965, referred to in text, is Pub. L.

89–309, Oct. 31, 1965, 79 Stat. 1133, 1152. That portion of

the act which appropriated the funds referred to was

not classified to the Code.