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16 U.S.C. § 228dAcquisition of State of Arizona or local lands by donation or exchange; approval for transfer to United States of Indian trust lands

submitted 51 years ago by Pub. L. 93-620 to r/title-16-CONSERVATION · 107 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary can only get land owned by Arizona or its local governments by donation or exchange, not by buying it or forcing a sale. Land held in trust for an Indian tribe cannot be transferred to the United States without that tribe's governing body approving it first.

No matter what other parts of this group of laws (sections 228a to 228j) say, two rules apply. First, land or land rights owned by the State of Arizona or any of its local governments can only be acquired by the Secretary through donation or exchange — not through purchase or condemnation. Second, land held in trust for any Indian tribe or nation cannot be transferred to the United States under these laws unless the tribe's own governing body approves the transfer first.
the actual law source: uscode.house.gov ↗public domain

Notwithstanding any other provision of sections 228a to 228j of this title (1) land or interest in land owned by the State of Arizona or any political subdivision thereof may be acquired by the Secretary under sections 228a to 228j of this title only by donation or exchange and (2) no land or interest in land, which is held in trust for any Indian tribe or nation, may be transferred to the United States under sections 228a to 228j of this title or for purposes of sections 228a to 228j of this title except after approval by the governing body of the respective Indian tribe or nation.

Source credit: (Pub. L. 93–620, § 5, Jan. 3, 1975, 88 Stat. 2090.)

history & why it existsrecord from the source credit
  • 1975Enacted · Pub. L. 93-620 · 88 Stat. 2090

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-620 on 1975-01-03.

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