§ 463d. — Restoration of lands in Umatilla Indian Reservation to tribal ownership.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC463d]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER V--PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES
Sec. 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 public-land laws: Provided, That restoration
shall be subject to any existing valid rights.
(Aug. 10, 1939, ch. 662, Sec. 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
[now chapters 1 to 11 of Title 40, Public Buildings, Property, and
Works, and title III of the Act of June 30, 1949 (41 U.S.C. 251 et
seq.)]. 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 purposes of this Act, which rental shall
be paid to the United States Treasury.
``(2) The industrial enterprise will employ Indians in large
enough numbers to justify, in the judgment of the Secretary, the
purposes of this Act.
``(3) The industrial enterprise will agree to pay its
employees fair and equitable wages commensurate with the general
wage scale in the area.
``(4) The industrial enterprise will maintain the property
in good repair, pay all taxes properly assessed against the
property, and be responsible for the payment of all charges for
utility services to the property.
``(5) At the end of the contract period the industry will
have an option to purchase the property at its appraised price,
as determined by the Secretary, the proceeds of such sale will
revert to the United States Treasury.
``Sec. 3. Any transfer of title to surplus property pursuant to this
Act shall provide for a reversion of title to the United States if the
Secretary of the Interior finds that the property is not being used in
accordance with the provisions of the Act.
``Sec. 4. The United States shall not be responsible for providing
to the Indians who are employed in an industrial development pursuant to
this Act community services that are normally furnished by State and
local governments, such as school, health, welfare, and law-enforcement
services.
``Sec. 5. The transfer of McNary Dam townsite shall be upon the
express condition that persons or families occupying residential
property on the date of the enactment of this Act [Aug. 28, 1957] shall
be entitled to at least one hundred and eighty days' notice of
termination of their occupancy.''
Section Referred to in Other Sections
This section is referred to in sections 463f, 463g of this title.
