§ 403a–1 TITLE 25—INDIANS Page 112

(Oct. 9, 1940, ch. 781, 54 Stat. 1057.)

§ 403a–1. Sale or partition by owners of interests

in allotted lands in the Tulalip Reservation;

termination of Federal title, trust, and restrictions

Any owner of an interest in any tract of land

in the Tulalip Reservation, Washington, in

which any undivided interest is now or hereafter

held in trust by the United States for an Indian,

or is now or hereafter owned by an Indian subject to restrictions against alienation or taxation imposed by the United States, may commence in a State court of competent jurisdiction an action for the partition in kind or for

the sale of such land in accordance with the

laws of the State. For the purpose of any such

action the Indian owners shall be regarded as

vested with an unrestricted fee simple title to

the land, the United States shall not be a necessary party to the proceeding, and any partition or conveyance of the land pursuant to the

proceedings shall divest the United States of

title to the land, terminate the Federal trust,

and terminate all restrictions against alienation

or taxation of the land imposed by the United

States.

(June 18, 1956, ch. 400, §1, 70 Stat. 290.)

§ 403a–2. Acquisition, management, and disposal

of lands by Tulalip Tribe

(a) Termination of Federal trust and restrictions

on alienation

Notwithstanding the provisions of the constitution and charter of the Tulalip Tribes of

the Tulalip Reservation, any lands that are held

by the United States in trust for the Tulalip

Tribes, or that are subject to a restriction

against alienation or taxation imposed by the

United States, or that are on and after June 18,

1956, acquired by the Tulalip Tribes, may be sold

by the Tulalip Tribes, with the consent of the

Secretary of the Interior, on such terms and

conditions as the Tulalip board of directors may

prescribe, and such sale shall terminate the Federal trust or restrictions against alienation or

taxation of the land; except that the trust or restricted status of said lands may be retained,

upon approval of the Secretary of the Interior,

in any sale thereof to any member of the Tulalip

Tribes.

(b) Lands in trust

The Secretary of the Interior may accept any

transfer of title from the Tulalip Tribes for any

land or fractional interest in land within the

boundaries of the Tulalip Reservation, and take

title to such land in the name of the United

States in trust for the Tulalip Tribes, and such

lands shall not be subject to taxation.

(c) Mortgages

The Tulalip Tribes 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 Tulalip Tribes or by the United

States in trust for the Tulalip Tribes. Such land

shall be subject to foreclosure and sale pursuant

to the terms of such mortgage or deed of trust

in accordance with the laws of the State of

Washington. For the purpose of any foreclosure

or sale proceeding, the Tulalip Tribes shall be

regarded as vested with an unrestricted fee simple title to the land, the United States shall not

be a necessary party to the foreclosure or sale

proceeding, and any conveyance of the land pursuant to the foreclosure or sale proceeding shall

divest the United States of title to the land.

Title to any land redeemed or acquired by the

Tulalip Tribes at such foreclosure or sale proceeding shall be taken in the name of the United

States in trust for the tribes. Title to any land

purchased by an individual Indian member of

the Tulalip Tribes at such foreclosure sale or

proceeding may, with the consent of the Secretary of the Interior, be taken in the name of

the United States in trust for the individual Indian purchaser.

(d) Moneys or credits

Any moneys or credits received or credited to

the Tulalip Tribes from the sale, exchange,

mortgage, or granting of any security interest

in any tribal land may be used for any tribal

purpose.

(June 18, 1956, ch. 400, §2, 70 Stat. 290; Pub. L.

91–274, §1, June 2, 1970, 84 Stat. 301.)

AMENDMENTS

1970—Pub. L. 91–274 designated existing provisions as

subsec. (a), substituted the Tulalip Tribes for the

Tulalip Board of Directors as the agency authorized to

sell tribal lands, provided for the continuance of the

trust or restricted status of such lands where the purchaser thereof is any member of the Tulalip Tribes, and

struck out proviso that the proceeds from the sale of

tribal lands acquired otherwise than by purchase be deposited in the U.S. Treasury to the credit of the Tulalip

Tribes, and added subsecs. (b) to (d).

§ 403b. Lease of restricted lands in State of Washington

Notwithstanding any other provisions of law,

with the consent in writing of the individual Indian, association of Indians, or Indian tribe concerned, any restricted Indian lands situated

within the State of Washington may be leased

for religious, educational, recreational, business, or public purposes, including, but not limited to, airports, experimental station, stockyards, warehouses, and grain elevators, for periods not to exceed twenty-five years under such

rules and regulations as the Secretary of the Interior may prescribe: Provided, That nothing in

this section or section 403c of this title shall be

deemed to authorize such leases for the exploitation of any natural resources.

(Aug. 9, 1946, ch. 929, §1, 60 Stat. 962.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 403c of this title.

§ 403c. Identity of lessor; period of lease

Such leases may be made only by the individual Indian owner of the land or by the authorized representatives of the tribe or group of Indians to whom the land belongs, subject to the approval of the Secretary of the Interior or his authorized representative. Restricted allotments

of deceased Indians, when the heirs or devisees

cannot agree on a lease, may be leased for them