Page 269 TITLE 25—INDIANS § 672

of Ignacio, Colorado, and any other municipality which

may be incorporated under the laws of Colorado within

the Southern Ute Indian Reservation, as if such State

had assumed jurisdiction pursuant to the Act of August

15, 1953 (67 Stat. 588), as amended by the Act of April 11,

1968 (82 Stat. 79) [see 28 U.S.C. 1360 note].’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 670 of this title.

§ 669. Use of sale proceeds for purchase of real

property only

All funds derived from the sale of lands pursuant to this subchapter shall be used only for the

purchase of real property within the boundaries

of the Southern Ute Indian Reservation. Title to

any lands purchased with such funds and title to

any lands reacquired by the tribe by foreclosure

of a mortgage or deed of trust shall be taken in

the name of the United States in trust for the

Southern Ute Indian Tribe.

(Pub. L. 92–312, §2, June 14, 1972, 86 Stat. 216.)

§ 670. Mortgage or deed of trust of lands sold;

United States as party to all proceedings

Any tribal lands that may be sold pursuant to

section 668 of this title may, with the approval

of the Secretary of the Interior, be encumbered

by a mortgage or deed of trust, and 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 in which the land is

located. The United States shall be an indispensable party to any such proceedings with the

right of removal of the proceeding to the United

States district court for the district in which

the land is located, following the procedure in

section 1446 of title 28, and the United States

shall have the right to appeal from any order of

remand in the proceeding.

(Pub. L. 92–312, §3, June 14, 1972, 86 Stat. 216.)

SUBCHAPTER XXVII—UTE INDIANS OF

UTAH

§ 671. Use of funds of the Ute Indian Tribe of the

Uintah and Ouray Reservation for expenditure and per capita payments; regulations

applicable to loans; restriction on attorney

fees

Notwithstanding any other provision of existing law, the tribal funds now on deposit or hereafter deposited in the United States Treasury to

the credit of the Ute Indian Tribe of the Uintah

and Ouray Reservation may be expended or advanced for such purposes, including per capita

payments, as may be designated by the Tribal

Business Committee of said tribe and approved

by the Secretary of the Interior: Provided, That

the aggregate amount of the expenditures and

advances authorized by this section exclusive of

per capita payments from interest shall not exceed 331

⁄3 per centum of such tribal funds now on

deposit: Provided further, That with the exception of a $1,000 per capita payment which is authorized, no per capita payment shall be approved by the Secretary of the Interior from the

principal of any judgment obtained under the

Jurisdictional Act of June 28, 1938 (52 Stat. 1209),

as amended, without further legislation: Provided further, That any funds advanced for loans

by the tribe to individual Indians or associations of Indians shall be subject to regulations

established for the making of loans from the revolving loan fund authorized by section 470 of

this title: Provided further, That no part of the

funds authorized to be expended or advanced by

this section shall be paid or delivered to or received by any agent or attorney on account of

services rendered in connection with the preparation or prosecution of the suit or suits in the

Court of Claims which resulted in any or all of

the judgments handed down by said court on

July 13, 1950, unless approved by the said court

in the proceeding now pending before said court

for the adjudication of attorneys’ fees, or to any

agent or attorney on account of any contract for

services rendered or to be rendered in the preparation of any suit against the United States.

(Aug. 21, 1951, ch. 338, §1, 65 Stat. 193; June 29,

1954, ch. 412, 68 Stat. 321.)

REFERENCES IN TEXT

The Jurisdictional Act of June 28, 1938, referred to in

text, is act June 28, 1938, ch. 776, 52 Stat. 1209, which

was not classified to the Code.

The Court of Claims, referred to in text, and the

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.

AMENDMENTS

1954—Act June 29, 1954, excepted from 331

⁄3 per centum

limitation on expenditures and advances, per capita

payments made from interest.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 676a of this title.

§ 672. Division of trust funds; ratification of resolution; crediting of shares; release of United

States from liability in certain cases

The Secretary of the Interior is authorized and

directed to divide the trust funds belonging to

the Confederated Bands of Ute Indians and deposited in the United States Treasury pursuant

to section 399 of this title, section 315j of title 43,

and the Act of June 28, 1938 (52 Stat. 1211), as

amended, including the interest thereon, by

crediting 60 per centum to the Ute Indian Tribe

of the Uintah and Ouray Reservation, consisting

of the Uintah, Uncompahgre, and White River

Utes, and 40 per centum to the Southern Utes,

consisting of the Southern Utes of the Southern

Ute Reservation and the Ute Mountain Tribe of

the Ute Mountain Reservation. The resolution

adopted June 1, 1950, by the members of the

Uncompahgre, White River, and Uintah bands of

Ute Indians compromising and settling all existing controversies between themselves as to ownership and distribution of any judgments which

may be obtained against the United States and

as to ownership of land within the Uintah and

Ouray Reservation and income issuing therefrom by providing that the same shall become

the tribal property of all the Indians of the Ute