§ 463e TITLE 25—INDIANS Page 188

poses 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.

‘‘SEC. 3. Any transfer of title to surplus property pursuant to this Act shall provide for a reversion of title

to the United States if the Secretary of the Interior

finds that the property is not being used in accordance

with the provisions of the Act.

‘‘SEC. 4. The United States shall not be responsible

for providing to the Indians who are employed in an industrial development pursuant to this Act community

services that are normally furnished by State and local

governments, such as school, health, welfare, and lawenforcement services.

‘‘SEC. 5. The transfer of McNary Dam townsite shall

be upon the express condition that persons or families

occupying residential property on the date of the enactment of this Act [Aug. 28, 1957] shall be entitled to

at least one hundred and eighty days’ notice of termination of their occupancy.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 463f, 463g of this

title.

§ 463e. Exchanges of land

For the purpose of effecting land consolidations between Indians and non-Indians within

the reservation, the Secretary of the Interior is

authorized, under such rules and regulations as

he may prescribe, to acquire through purchase,

exchange, or relinquishment, any interest in

lands, water rights, or surface rights to lands

within said reservation. Exchanges of lands

hereunder shall be made on the basis of equal

value and the value of improvements on lands to

be relinquished to the Indians or by Indians to

non-Indians shall be given due consideration and

allowance made therefor in the valuation of lieu

lands. This section shall apply to tribal, trust,

or otherwise restricted Indian allotments

whether the allottee be living or deceased.

(Aug. 10, 1939, ch. 662, §2, 53 Stat. 1351.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 463f, 463g of this

title.

§ 463f. Title to lands

Title to lands or any interest therein acquired

pursuant to sections 463d to 463g of this title for

Indian use shall be taken in the name of the

United States of America in trust for the tribe

or individual Indian for which acquired.

(Aug. 10, 1939, ch. 662, §3, 53 Stat. 1351.)

§ 463g. Use of funds appropriated under section

465

For the purpose of carrying into effect the

land-purchase provision of sections 463d to 463g

of this title, the Secretary of the Interior is authorized to use so much as may be necessary of

any funds heretofore or hereafter appropriated

pursuant to section 465 of this title.

(Aug. 10, 1939, ch. 662, §4, 53 Stat. 1351.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 463 of this title.

§ 464. Transfer of restricted Indian lands or

shares in assets of Indian tribes or corporation; exchange of lands

Except as herein provided, no sale, devise, gift,

exchange, or other transfer of restricted Indian

lands or of shares in the assets of any Indian

tribe or corporation organized hereunder, shall

be made or approved: Provided, however, That

such lands or interests may, with the approval

of the Secretary of the Interior, be sold, devised,

or otherwise transferred to the Indian tribe in

which the lands or shares are located or from

which the shares were derived or to a successor

corporation; and in all instances such lands or

interests shall descend or be devised, in accordance with the then existing laws of the State, or

Federal laws where applicable, in which said

lands are located or in which the subject matter

of the corporation is located, to any member of

such tribe or of such corporation or any heirs or

lineal descendants of such member or any other

Indian person for whom the Secretary of the Interior determines that the United States may

hold land in trust: Provided further, That the

Secretary of the Interior may authorize voluntary exchanges of lands of equal value and the

voluntary exchange of shares of equal value

whenever such exchange, in his judgment, is expedient and beneficial for or compatible with

the proper consolidation of Indian lands and for

the benefit of cooperative organizations.

(June 18, 1934, ch. 576, §4, 48 Stat. 985; Pub. L.

96–363, §1, Sept. 26, 1980, 94 Stat. 1207.)

REFERENCES IN TEXT

Herein provided, referred to in text, means provided

in act June 18, 1934, 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.

AMENDMENTS

1980—Pub. L. 96–363 substituted provisions relating to

transfer to heirs or lineal descendants of members or

any other Indian person for which the United States

may hold land in trust as determined by the Secretary

for provisions relating to transfer to heirs of members.

CROSS REFERENCES

Conversion of exchange assignments of tribal lands

on certain Sioux reservations into trust titles, see sections 484 to 486 of this title.

Exchanges of land on Umatilla Indian Reservation,

see section 463e of this title.

Right-of-way grant, consent of tribal officials, see

section 324 of this title.

Territories, colonies, or insular possessions of United

States, and certain Indian tribes, application to, see

section 473 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 473 of this title.