§ 403a-2. — Acquisition, management, and disposal of lands by Tulalip Tribe.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC403a-2]
TITLE 25--INDIANS
CHAPTER 12--LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS
Sec. 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, Sec. 2, 70 Stat. 290; Pub. L. 91-274, Sec. 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).