Page 187 TITLE 25—INDIANS § 463d

title shall remain tribal lands and shall not be

subject to allotment to individual Indians.

(July 28, 1937, ch. 527, §1, 50 Stat. 536.)

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 463b. Purchase of private lands; limitations

The Secretary of the Interior is authorized to

purchase for the use and benefit of the Papago

Indians with any available funds heretofore or

hereafter appropriated, pursuant to authority

contained in section 465 of this title, all privately owned lands, water rights, and reservoir

site reserves within townships 18 and 19 south,

ranges 2 and 3 west, together with all grazing

privileges and including improvements upon

public lands appurtenant to the so-called Menager Dam property, at the appraised value of

$40,016.37.

(July 28, 1937, ch. 527, §2, 50 Stat. 536.)

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 463c. Gift of lands by Arizona

The State of Arizona may relinquish in favor

of the Papago Indians such tracts within the

townships referred to in section 463a of this title

as it may see fit and shall have the right to select other unreserved and nonmineral public

lands within the State of Arizona equal in area

to those relinquished, said lieu selections to be

made in the same manner as is provided for in

the Enabling Act of June 20, 1910 (36 Stat. 558),

or in the discretion of the State of Arizona

under the provisions of section 315g of title 43.

The payment of fees or commissions is waived in

all lieu selections made pursuant to this section.

(July 28, 1937, ch. 527, §3, 50 Stat. 536.)

REFERENCES IN TEXT

The Enabling Act of June 20, 1910, referred to in text,

probably means act June 20, 1910, ch. 310, 36 Stat. 557,

which provided that, subject to certain limitations,

lieu selections of land in Arizona are to be made pursuant to sections 851 and 852 of Title 43, Public Lands.

Section 315g of title 43, referred to in text, was repealed by Pub. L. 94–579, title VII, §705(a), Oct. 21, 1976,

90 Stat. 2792.

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 463d. Restoration of lands in Umatilla Indian

Reservation to tribal ownership

The Secretary of the Interior is authorized in

his discretion to restore to tribal ownership the

undisposed of surplus lands of the Umatilla Indian Reservation, Oregon, heretofore opened to

entry or other form of disposal under the publicland laws: Provided, That restoration shall be

subject to any existing valid rights.

(Aug. 10, 1939, ch. 662, §1, 53 Stat. 1351.)

REFERENCES IN TEXT

The public-land laws, referred to in text, are classified generally to Title 43, Public Lands.

INHERITANCE OF TRUST OR RESTRICTED LANDS

Pub. L. 95–264, Apr. 18, 1978, 92 Stat. 202, provided:

‘‘That the right to inherit trust or restricted land on

the Umatilla Indian Reservation, to the extent that the

laws of descent of the State of Oregon are inconsistent

herewith, shall be as provided herein.

‘‘SEC. 2. When any Indian dies leaving any interest in

trust or restricted land within the Umatilla Reservation and not having lawfully devised the same, such interest shall descend in equal shares to his or her children and to the issue of any deceased child by right of

representation; and if there is no child of the decedent

living at the time of his or her death, such interests

shall descend to his or her other lineal descendants;

and if such descendants are in the same degree of kindred to the intestate, they shall take such real property equally, or otherwise they shall take according to

the right of representation. An interest taken hereunder shall be subject to the right of a surviving spouse

as provided in section 3.

‘‘SEC. 3. The surviving spouse of any Indian who dies

leaving any interest in trust or restricted land within

the Umatilla Reservation shall be entitled to obtain a

one-half interest in all such trust or restricted interests in land during his or her lifetime.

‘‘SEC. 4. If any Indian, who leaves any interest in

trust or restricted land within the Umatilla Reservation, makes provisions for his or her surviving spouse

by an approved will, such surviving spouse shall have

an election whether to take the provisions as made in

such will or to take the interest as set forth in section

3 of this Act, but such surviving spouse shall not be entitled to both unless it plainly appears by the will to

have been so intended by the testator. When any surviving spouse is entitled to an election under this section, he or she shall be deemed to have elected to take

the provisions as made in such will unless, at or prior

to the first hearing to probate the will, he or she has

elected to take under section 3 of this Act and not

under the will.

‘‘SEC. 5. The provisions of this Act shall apply to all

estates of decedents who die on or after the date of enactment of this Act [Apr. 18, 1978].’’

CONVEYANCE OF LANDS TO STIMULATE INDUSTRIAL

DEVELOPMENT

Pub. L. 85–186, Aug. 28, 1957, 71 Stat. 468, provided:

‘‘That, upon request of any Indian tribe, group, or corporate entity, and approval of the request by the Secretary of the Interior as provided in this Act, the Administrator of the General Services Administration is

authorized to transfer, without cost to such Indian

tribe, group, or corporate entity, title to any property

of the United States at the McNary Dam townsite,

Umatilla, Oregon, or at Pickstown, South Dakota, that

is declared surplus pursuant to the Federal Property

and Administrative Services Act of 1949 (Act of June 30,

1949; 63 Stat. 378), as amended [see Short Title note

under section 471 of Title 40, Public Buildings, Property, and Works]. Such property shall not be exempt

from taxation because of the fact that title is held by

the Indian tribe, group, or corporate entity.

‘‘SEC. 2. The Secretary of the Interior shall approve a

request for surplus property pursuant to this Act only

if—

‘‘(a) the Indian tribe, group, or corporate entity is

organized under State or Federal law in a form satisfactory to the Secretary for the purpose of holding

title to the property;

‘‘(b) the surplus property is to be used to stimulate

industrial development near the Indian tribe, band,

group, or reservations;

‘‘(c) the Indian tribe, group, or corporate entity has

executed a contract with an industrial enterprise

that is acceptable to the Secretary;

‘‘(d) the contract between the Indian tribe, group,

or corporate entity and the industrial enterprise contains such provisions as the Secretary deems desirable, including in substance the following:

‘‘(1) Title to the property will remain in the Indian tribe, group, or corporate entity, and the property will be made available to the industrial enterprise at a rental fee commensurate with the pur-