§ 713f. — Establishment of tribal reservation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC713f]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XXX-C--CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY OF
OREGON
Sec. 713f. Establishment of tribal reservation
(a) Plan for establishment of reservation
(1) Any reservation for the tribe shall be established by an Act of
Congress enacted after November 22, 1983.
(2) The Secretary shall enter into negotiations with the tribal
governing body with respect to establishing a reservation for the tribe
and, in accordance with this section and within two years of November
22, 1983, develop a plan for the establishment of such a reservation.
Upon the approval of such plan by the tribal governing body (and after
consultation with interested parties pursuant to subsection (b) of this
section), the Secretary shall submit such plan to the Clerk of the House
of Representatives and the Secretary of the Senate for distribution to
the committees of the respective Houses of the Congress with
jurisdiction over the subject matter.
(b) Consultation with State and local officials required
To assure that legitimate State and local interests are not
prejudiced by the proposed enlargement of the reservation, the Secretary
shall notify and consult all appropriate officials of the State of
Oregon, all appropriate local governmental officials in the State of
Oregon, and any other interested party in developing any plan under
subsection (a) of this section. The Secretary shall provide complete
information on the proposed plan to such officials and interested
parties, including the restrictions on such proposed plan imposed by
subsection (c) of this section. During any consultation by the Secretary
under this subsection, the Secretary shall provide such information as
he may possess, and shall request comments and additional information,
on the following subjects:
(1) The size and location of the proposed reservation.
(2) The anticipated effect of the establishment of the proposed
reservation on State and local expenditures and tax revenues.
(3) The extent of any State or local service to the tribe, the
reservation of the tribe, or members after the establishment of the
proposed reservation.
(4) The extent of Federal services to be provided in the future
to the tribe, the reservation of the tribe, or members.
(5) The extent of service to be provided in the future by the
tribe to members residing on or off the reservation.
(c) Restrictions on plan
Any plan developed by the Secretary under subsection (a) of this
section shall provide that--
(1) any real property transferred by the tribe or any member to
the Secretary shall be taken and held in the name of the United
States for the benefit of the tribe and shall be a part of the
reservation of the tribe;
(2) the establishment of the reservation shall not grant or
restore to the tribe or any member any hunting, fishing, or trapping
right of any kind on such reservation, including any indirect or
procedural right or advantage over individuals who are not members
of the tribe;
(3) the Secretary shall not accept any real property in trust
for the benefit of the tribe or its members which is not located
within the political boundaries of Polk, Yamhill, or Tillamook
County, Oregon;
(4) any real property taken in trust by the Secretary pursuant
to such plan shall be subject to--
(A) all legal rights and interests in such land existing at
the time of the acquisition of such land by the Secretary,
including any lien, mortgage, or previously levied and
outstanding State or local tax, and
(B) foreclosure or sale in accordance with the laws of the
State of Oregon pursuant to the terms of any valid obligation in
existence at the time of the acquisition of such land by the
Secretary;
(5) any real property transferred pursuant to such plan shall be
exempt from Federal, State, and local taxation of any kind;
(6) the State of Oregon shall exercise criminal and civil
jurisdiction over the reservation, and over the individuals on the
reservation, in accordance with section 1162 of title 18 and section
1360 of title 28, respectively; and
(7) any Federal real property transferred for the benefit of the
tribe, pursuant to any reservation plan developed under subsection
(a) of this section, shall come only from available public lands
administered under the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701), and from lands held in trust by the United
States for the tribe or for individual Indians.
(d) Appendix to plan submitted to the Congress
The Secretary shall append to the plan submitted to the Congress
under subsection (a) of this section a detailed statement--
(1) describing the manner in which the Secretary notified all
interested parties in accordance with subsection (b) of this
section;
(2) naming each individual and official consulted in accordance
with subsection (b) of this section;
(3) summarizing the testimony received by the Secretary pursuant
to any such consultation; and
(4) including any written comments or reports submitted to the
Secretary by any party named in paragraph (2).
(Pub. L. 98-165, Sec. 8, Nov. 22, 1983, 97 Stat. 1068.)
References in Text
The Federal Land Policy and Management Act of 1976, referred to in
subsec. (c)(7), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as
amended, which is classified principally to chapter 35 (Sec. 1701 et
seq.) of Title 43, Public Lands. For complete classification of this Act
to the Code, see Short Title note set out under section 1701 of Title 43
and Tables.
Confederated Tribes of the Grand Ronde Community of Oregon Reservation
Pub. L. 100-425, Sept. 9, 1988, 102 Stat. 1594, as amended by Pub.
L. 100-581, title II, Sec. 202, Nov. 1, 1988, 102 Stat. 2939; Pub. L.
101-301, Sec. 4, May 24, 1990, 104 Stat. 207; Pub. L. 102-497, Sec. 1,
Oct. 24, 1992, 106 Stat. 3255; Pub. L. 103-263, Sec. 5(a), May 31, 1994,
108 Stat. 708; Pub. L. 103-435, Sec. 2, Nov. 2, 1994, 108 Stat. 4566;
Pub. L. 105-256, Sec. 2, Oct. 14, 1998, 112 Stat. 1896, established a
reservation for Confederated Tribes of the Grand Ronde Community of
Oregon, specifying hunting, fishing, and trapping rights and vesting
civil and criminal jurisdiction in State of Oregon, directed treatment
of certain lands as revested Oregon and California railroad grant lands,
and provided economic development for the Tribes.
Section Referred to in Other Sections
This section is referred to in sections 713a, 713b of this title.
