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25 U.S.C. § 403a–2Acquisition, management, and disposal of lands by Tulalip Tribe

submitted 70 years ago by ch. 400 to r/title-25-INDIANS · 464 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the Tulalip Tribes sell, buy, and mortgage their trust and restricted lands. Sales need the Interior Secretary's approval and end federal trust status, unless sold to a tribal member. The Tribes can also put land back into federal trust and use land-sale money for tribal purposes.

(a) Termination of Federal Trust and Restrictions on Alienation. Despite the Tulalip Tribes' own constitution and charter, the Tribes may sell — with the Secretary of the Interior's consent, on terms the Tulalip board of directors sets — any land that the United States holds in trust for the Tribes, that is restricted from sale or taxation, or that the Tribes acquired on or after June 18, 1956. Selling the land ends the federal trust, or ends the restriction against selling or taxing it. The one exception: if the land is sold to a member of the Tulalip Tribes, the trust or restricted status can be kept, if the Secretary of the Interior approves. (b) Lands in Trust. The Secretary of the Interior may accept a transfer of title from the Tulalip Tribes for land, or a fractional interest in land, inside the Tulalip Reservation, and take that title in the name of the United States, in trust for the Tribes. Such land is not subject to taxation. (c) Mortgages. With the Secretary of the Interior's approval, the Tulalip Tribes may mortgage land whose title the Tribes hold, or that the United States holds in trust for the Tribes. That land can be foreclosed on and sold under the mortgage's or deed of trust's terms, following Washington State law. In a foreclosure or sale proceeding, the Tribes are treated as holding complete, unrestricted title to the land, and the United States does not need to be a party. Any sale through that process takes away the United States' title to the land. If the Tribes buy back or reacquire the land at such a sale, its title goes back into the name of the United States, in trust for the Tribes. If an individual Tulalip Tribes member buys the land at that sale, the Secretary of the Interior can approve holding the title in the name of the United States, in trust for that individual instead. (d) Moneys or Credits. Any money or credit the Tulalip Tribes get from selling, exchanging, mortgaging, or granting a security interest in tribal land may be used for any tribal purpose.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (June 18, 1956, ch. 400, § 2, 70 Stat. 290; Pub. L. 91–274, § 1, June 2, 1970, 84 Stat. 301.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of June 18, 1956, ch. 400 · 70 Stat. 290
  • 1970Amended · Pub. L. 91-274 · 84 Stat. 301

A history note hasn’t been published yet. The record shows enactment by ch. 400 on 1956-06-18.

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