Page 233 TITLE 25—INDIANS § 611

shall not be considered as income or resources

when determining the extent of eligibility for

assistance under the Social Security Act [42

U.S.C. 301 et seq.], or any other Federal or federally assisted program.

(Pub. L. 95–433, §2, Oct. 10, 1978, 92 Stat. 1047.)

REFERENCES IN TEXT

The Social Security Act, referred to in text, is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is

classified generally to chapter 7 (§301 et seq.) of Title

42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title

42 and Tables.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 609c of this title.

SUBCHAPTER XVIII—SWINOMISH TRIBE

§ 610. Purchase of lands within, adjacent to, or in

close proximity to boundaries of Swinomish

Indian Reservation

The Secretary of the Interior is authorized to

purchase with funds made available by the

Swinomish Indian Tribal Community any land

or interest in land within, adjacent to, or in

close proximity to the boundaries of the

Swinomish Indian Reservation.

(Pub. L. 90–534, §1, Sept. 28, 1968, 82 Stat. 884.)

§ 610a. Sale or exchange of lands; money equalization payments

Any land or interest in land now owned or

hereafter acquired by or in trust for the

Swinomish Indian Tribal Community may be

sold or exchanged for other land or interest in

land within, adjacent to, or in close proximity

to the boundaries of the Swinomish Indian Reservation, and the land values involved in an exchange must be equal or be equalized by the

payment of money.

(Pub. L. 90–534, §2, Sept. 28, 1968, 82 Stat. 884.)

§ 610b. Title to lands; tax exemption; prohibition

of restrictions

Title to any land acquired pursuant to this

subchapter shall be taken in the name of the

United States in trust for the Swinomish Indian

Tribal Community and shall be nontaxable if

the land is within the boundaries of the

Swinomish Indian Reservation, and title shall

be taken in the name of the Community subject

to no restrictions on alienation, taxation, management, or use if the land is outside such

boundaries.

(Pub. L. 90–534, §3, Sept. 28, 1968, 82 Stat. 884.)

§ 610c. Mortgages or deeds in trust; law governing mortgage foreclosure or sale; United

States as party; removal of cases: appeals

The Swinomish Indian Tribal Community

may, with the approval of the Secretary of the

Interior, execute mortgages or deeds of trust to

land the title to which is held by the community, or by the United States in trust for the

community. Such land shall be subject to foreclosure or sale pursuant to the terms of such

mortgage or deed of trust in accordance with

the laws of the State of Washington. The United

States shall be an indispensable party to, and

may be joined in, any such proceeding involving

trust land with the right to remove the action

to the United States district court for the district in which the land is situated, according to

the procedure in section 1446 of title 28, and the

United States shall have the right to appeal

from any order of remand entered in such action.

(Pub. L. 90–534, §4, Sept. 28, 1968, 82 Stat. 884.)

§ 610d. Moneys or credits for tribal purposes

Any moneys or credits received or credited to

the Swinomish Indian Tribal Community from

the sale, exchange, mortgage, or granting of any

security interest in any tribal land may be used

for tribal purposes.

(Pub. L. 90–534, §5, Sept. 28, 1968, 82 Stat. 884.)

§ 610e. Assignment of income

The Swinomish Indian Tribal Community may

assign any income due it, subject to approval of

the Secretary of the Interior. Such approval

may be given in general terms or may be limited

to specified assignments.

(Pub. L. 90–534, §7, Sept. 28, 1968, 82 Stat. 884.)

SUBCHAPTER XIX—SHOSHONE AND

ARAPAHO TRIBES OF WYOMING

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 588 of this

title.

§ 611. Division of trust fund on deposit in United

States Treasury to joint credit of both tribes

The Secretary of the Interior is authorized and

directed to divide the trust funds on deposit in

the Treasury of the United States to the joint

credit of the Shoshone and Arapaho Tribes of

the Wind River Reservation, Wyoming, including the unexpended balance of the treaty funds

arising under section 12 of the Act of June 7, 1897

(30 Stat. 93), between the Shoshone Tribe and

the Arapaho Tribe, crediting one-half of the

total amount in the principal account to a principal trust fund account and one-half of the

total amount in the interest account to an interest trust fund account for each tribe: Provided, That in dividing the funds there shall be

taken into consideration in determining the

amount to be credited to each tribe the outstanding loans made from joint trust funds to

the Indians of each tribe.

(May 19, 1947, ch. 80, §1, 61 Stat. 102.)

REFERENCES IN TEXT

Section 12 of the Act of June 7, 1897 (30 Stat. 93), referred to in text, is act June 7, 1897, ch. 3, §12, 30 Stat.

93, which was not classified to the Code.

WIND RIVER INDIAN RESERVATION; MINERAL RIGHTS

Pub. L. 85–780, Aug. 27, 1958, 72 Stat. 935, provided:

‘‘That, from and after the effective date of this Act

[Aug. 27, 1958], all of the right, title, and interest of the

United States in all minerals, including oil and gas, the

Indian title, to which was extinguished by the Act of

August 15, 1953 (67 Stat. 592; Public Law 284, Eightythird Congress, first session [set out as a note under
§ 611 TITLE 25—INDIANS Page 234

this section]), entitled ‘An Act to provide compensation to the Shoshone and Arapahoe Tribes of Indians

for certain lands of the Riverton reclamation project

within the ceded portion of the Wind River Indian Reservation, and for other purposes’, is hereby declared to

be held by the United States in trust for the Shoshone

and Arapahoe Tribes and, notwithstanding any other

provision of law, said minerals, including oil and gas,

subject to the provisions of section 2 of this Act, shall

be administered and leased in accordance with the provisions of the Act of May 11, 1938 (ch. 198, 52 Stat. 347

[sections 396a to 396g of this title]). The gross proceeds

received by the United States from such minerals either before or after the date of this Act shall be deposited to the credit of the Shoshone and Arapahoe Tribes

in accordance with the provisions of the Act of May 19,

1947 (61 Stat. 102), as amended [this subchapter], and

any of such gross proceeds that have been credited to

miscellaneous receipts in the Treasury of the United

States in accordance with the provisions of section 5 of

the Act of August 15, 1953 (67 Stat. 592 [set out as a note

under this section]), shall be transferred on the books

of the Treasury to the credit of such tribes.

‘‘SEC. 2. Notwithstanding any other provision of law,

(1) all mineral leases, including oil and gas leases, covering any of the minerals referred to in section 1 hereof, which have heretofore been issued by the Secretary

of the Interior on a noncompetitive basis, shall be subject to renewal at the end of the primary five-year term

thereof for a term that extends to a date that is five

years from the date of this Act [Aug. 27, 1958] and shall

not be subject to renewal or further extension except in

any case where, at the expiration of said extended

term, oil or gas is being produced under the lease in

paying quantities, and (2) the Secretary of the Interior

shall process in accordance with the Mineral Leasing

Act of February 25, 1920 (ch. 85, 41 Stat. 437), as amended [section 181 et seq. of Title 30, Mineral Lands and

Mining], and the regulations issued thereunder, all oil

and gas lease offers covering any of the oil and gas referred to in section 1 hereof which were filed on or before December 31, 1957: Provided, That any oil and gas

lease issued pursuant to such lease offers shall be for a

single term of five years commencing with the effective

date of the lease and shall not be subject to renewal or

extension except in any case where at the expiration of

said five-year term, oil or gas is being produced under

the lease in paying quantities.

‘‘Any oil or gas lease referred to in subparagraph (1)

of this section and any oil or gas lease which may hereafter be issued pursuant to the lease offers referred to

in subparagraph (2) of this section shall be subject to

the provisions of section 1 (1) of the Act of July 29, 1954

(ch. 644, 68 Stat. 583), amendatory of the second paragraph of section 17 of the Mineral Leasing Act of February 25, 1920 (ch. 85, 41 Stat. 443), as amended [section

226 of title 30].’’

WIND RIVER INDIAN RESERVATION; COMPENSATION FOR

LANDS OF THE RIVERTON RECLAMATION PROJECT

Act Aug. 15, 1953, ch. 509, 67 Stat. 592, provided that:

‘‘There is hereby authorized to be transferred in the

Treasury of the United States from funds now or hereafter made available for carrying on the functions of

the Bureau of Reclamation and to be placed to the

credit of the Shoshone and Arapahoe Tribes of Indians

of the Wind River Indian Reservation in Wyoming, the

sum of $1,009,500, said sum shall be credited to and expended for the benefit of said tribes and their members

as provided by the Act of May 19, 1947 (61 Stat. 102), as

amended by the Act of August 30, 1951 (65 Stat. 208), and

by the Act of July 17, 1953 (Public Law 132, Eighty-third

Congress) [this subchapter], and as may be hereinafter

amended, and shall be deemed to constitute full, complete, and final compensation, except as provided in

section 5 of this Act, for terminating and extinguishing

all of the right, title, estate, and interest, including

minerals, gas and oil, of said Indian tribes and their

members of, in and to the lands, interests in lands, and

any and all past and future damages arising out of the

cession to the United States, pursuant to the Act of

March 3, 1905 (33 Stat. 1016) of that part of the former

Wind River Indian Reservation lying within * * * the

proposed exterior boundaries of the Riverton reclamation project, Fremont County, Wyoming * * *’’.

* * * * *

‘‘* * * Provided, That any member, or the heirs or assignees of any member, of either of said tribes, who on

the 24th day of July 1952, had an existing and valid assignment on any part of the above-described land, shall

have the right, at his or her option, within one year

after the date of enactment of this Act [Aug. 15, 1953]

to enter into a contract with the United States, by and

through the Bureau of Reclamation, for the purchase,

at a price and on terms satisfactory to the Secretary of

the Interior, of all or any contiguous part of such assignment, and upon final payment of the purchase price

therefor, a fee patent accordingly shall be issued to

such assignee, subject to reservations of all oil, gas,

and minerals to the United States, and subject to section 5 of this Act, and if any part of the land so selected

shall contain land irrigable under the Riverton reclamation project, then said patented land shall be subject to all irrigation charges, taxes, and liens imposed

by Federal or State law, to the same extent and in like

manner as other lands of the Riverton reclamation

project: Provided further, That all existing contracts relating to irrigation charges, with respect to such irrigable land, shall remain in full force and effect: And

provided further, That nothing in this Act shall be construed to affect the rights and interests in and to any

land embraced within the tract described herein that

has been allotted to an individual member of either of

the said tribes which, on the date of enactment of this

Act [Aug. 15, 1953], is held by the United States in trust

for such member or his or her heirs.

‘‘SEC. 2. Subject only to the existing rights and interests which are not extinguished and terminated by this

Act, all unentered and vacant lands within the area described in section 1 hereof, are hereby restored to the

public domain for administration, use, occupancy, and

disposal under the reclamation and public land laws of

the United States: Provided, That the sale or other disposition of such lands shall be at rates and upon terms

and conditions approved by the Secretary of the Interior: Provided further, That the average price of all such

lands disposed of by sale shall be not less than $6.25 per

acre.

‘‘SEC. 3. The sum transferred to the credit of the Shoshone and Arapahoe Tribes of Indians as aforesaid and

the expenses of carrying out the provisions of this Act

shall be nonreimbursable and nonreturnable under the

reclamation laws of the United States. The net proceeds derived from the disposal of said lands shall be

covered into the general fund of the Treasury or into

the reclamation fund as the Secretary of the Interior

shall find appropriate in the light of the source from

which the funds transferred or expended in carrying out

this Act are derived.

‘‘SEC. 4. Subject to any outstanding rights and interests, all of the ceded lands of the Wind River Reservation withdrawn pursuant to the Act of June 17, 1902, for

the development of the Riverton reclamation project,

Wyoming, not included within the boundaries of the

tract described in section 1 of this Act, are hereby restored to the ownership of said tribes to the same extent as the ownership provided by the Act of July 27,

1939 (53 Stat. 1128) [sections 571 to 577 of this title], with

respect to vacant lands ceded to the United States

under the provisions of the Act of March 3, 1905 (33

Stat. 1016), but not subsequently withdrawn for reclamation purposes: Provided, That the compensation

authorized in section 1 hereof shall also be deemed to

release the United States from any and all claims for

damages whatsoever arising out of withdrawal of lands

herein restored to tribal ownership.

‘‘SEC. 5. Notwithstanding any other provision of law,

the United States shall deposit in the Treasury of the
Page 235 TITLE 25—INDIANS § 613

United States to the credit of said tribes, to be available for expenditure for the benefit of said tribes and

their members, as provided by the Act of May 19, 1947

(61 Stat. 102), as amended by the Act of August 30, 1951

(65 Stat. 208), and by the Act of July 17, 1953 (Public

Law 132, Eighty-third Congress) [this subchapter], and

as may be hereinafter amended, 90 per centum of the

gross receipts of the United States, as they are received

from time to time, from all leases, bonuses, royalties,

or other proceeds derived under the mining and mineral-leasing laws of the United States from any and all

lands in which all rights and interests of the tribes are

terminated and extinguished by the terms and conditions of section 1 of this Act and which are embraced

within the boundaries of the tract described in said section 1. Notwithstanding any other provision of law the

remaining 10 per centum of such gross receipts shall be

deposited in the Treasury of the United States to the

credit of miscellaneous receipts.

‘‘SEC. 6. Should this Act become law subsequent to

June 30, 1954, there is hereby reserved to the Shoshone

and Arapahoe Tribes the privilege of rejecting, within

one hundred and twenty days after the date of the Act

[Aug. 15, 1953], the terms and conditions of its sections

1, 4, and 5. If those terms and conditions are rejected,

no part of the Act shall become effective.

‘‘SEC. 7. The Secretary of the Interior is authorized to

perform any and all acts to carry out the provisions

and purposes of this Act.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 612 of this title.

§ 612. Establishment of trust fund for each tribe;

transfer of funds; interest; crediting of revenues, receipts, and proceeds of judgments

The Secretary of the Treasury, upon request of

the Secretary of the Interior, is authorized and

directed to establish a trust fund account for

each tribe and shall make such transfer of funds

on the books of his department as may be necessary to effect the purpose of section 611 of this

title: Provided, That interest shall accrue on the

principal fund only, at the rate of 4 per centum

per annum, and shall be credited to the interest

trust fund accounts established by this section:

Provided further, That all future revenues and receipts derived from the Wind River Reservation

under any and all laws, and the proceeds from

any judgment for money against the United

States hereafter paid jointly to the Shoshone

and Arapahoe Tribes of the Wind River Reservation, shall be divided in accordance with section

611 of this title and credited to the principal

trust fund accounts established herein; and the

proceeds from any judgment for money against

the United States hereafter paid to either of the

tribes singly shall be credited to the appropriate

principal trust fund account.

(May 19, 1947, ch. 80, §2, 61 Stat. 102; Aug. 30,

1951, ch. 367, §1, 65 Stat. 208; Pub. L. 85–610, §1,

Aug. 8, 1958, 72 Stat. 541.)

AMENDMENTS

1958—Pub. L. 85–610 substituted ‘‘Secretary of the

Treasury’’ for ‘‘Comptroller of the United States’’, required division of future receipts from Reservation and

proceeds from judgments paid jointly to Tribes, and

provided for manner of crediting proceeds from judgments paid to either of Tribes.

1951—Act Aug. 30, 1951, substituted ‘‘any’’ for ‘‘existing’’ before ‘‘law’’ in second proviso.

§ 613. Advances or expenditures from tribal

funds; emergency and educational loans;

payments to individuals of tribes; per capita

payments not subject to liens or claims; exception

Notwithstanding any other provision of existing law, the trust funds credited to the Shoshone Tribe and the Arapahoe Tribe, respectively, under the provisions of this subchapter

shall be available for expenditure or for advance

to the tribes for such purposes as may be requested by the business council of the tribe concerned and approved by the Secretary of the Interior, or such official as may be designated by

him: Provided, That the Secretary of the Interior

is directed to make available out of the trust

funds of the Shoshone Tribe the sum of $7,500 for

the purpose of making emergency and educational loans on the authority and responsibility of the Shoshone Tribe, through its business

council, without liability to the United States

and free from regulation or approval by the Secretary of the Interior: Provided further, That,

commencing as soon after August 8, 1958 as the

Secretary of the Interior determines may be

practicable in order to change from the existing

quarterly payment system, but not later than

January 1, 1959, 85 per centum of said trust funds

shall be paid per capita to the members of the

respective tribes in equal monthly installments

on the first day of each month, or as near thereto as practicable, or with the approval of the

Secretary of the Interior, at such more frequent

intervals as the tribes may request. The amount

of the monthly payments during any one calendar year shall be determined by the Secretary

of the Interior on the basis of estimated anticipated income for that calendar year: Provided

further, That the Secretary may increase or decrease the amount of the monthly payments in

the light of actual receipts during the calendar

year, and in order to avoid the omission of a

payment or a reduction in the amount that

would cause unnecessary hardship the Secretary

may permit the total monthly payments for a

year to exceed 85 per centum of the actual receipts for that year and deduct the excess from

the receipts of the following or succeeding years

before determining the amount of the monthly

payments for such succeeding years: Provided

further, That said per capita payments shall not

be subject to any lien or claim of any nature

against any of the members of said tribes unless

the business council of such member shall consent thereto in writing, except as to reimbursable Treasury loans made to individual members

of either tribe which may be due to the United

States, and except as to irrigation charges owed

by individual Indians to the United States with

respect to lands for which water is requested and

received by said individual Indians, and with respect to lands that are determined by the Secretary of the Interior to be properly classified

under existing law on the basis of the survey

undertaken by the Secretary after the amendment of this section on July 25, 1956 (70 Stat.

642): Provided further, That quarterly per capita

payments under this subchapter shall continue

without interruption until the monthly per capita payments are put into effect on or before

January 1, 1959.