[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC983h]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XLVI-A--PONCA TRIBE OF NEBRASKA: RESTORATION OF RIGHTS AND
PRIVILEGES
Sec. 983h. Economic development plan
(a) Establishment; submittal to Congress
The Secretary shall--
(1) enter into negotiations with the governing body of the Tribe
to establish a plan for economic development for the Tribe;
(2) in accordance with this section, establish such a plan; and
(3) upon the approval of such plan by the governing body of the
Tribe (and after consultation with the State and local officials
pursuant to subsection (b) of this section), shall \1\ submit such
plan to the Congress by no later than the date that is 3 years after
October 31, 1990.
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\1\ So in original. The word ``shall'' probably should not appear.
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(b) Consultation with State and local officials
(1) To ensure that legitimate State and local interests are not
prejudiced by the economic development plan established under subsection
(a) of this section, the Secretary shall notify and consult with the
appropriate officials of the State and all appropriate local
governmental officials in the State with respect to the proposed
economic development plan. The Secretary shall provide complete
information on the proposed economic development plan to such officials,
including the restrictions imposed on such plan by subsection (c) of
this section.
(2) During any consultation by the Secretary under this subsection,
the Secretary shall provide such information as the Secretary may
possess and shall request comments and additional information on the
extent of any State or local service to the Tribe.
(c) Required provisions
Any economic development plan established by the Secretary under
subsection (a) of this section shall provide that--
(1) real property acquired by or for the Tribe located in Knox
or Boyd Counties, Nebraska, shall be taken by the Secretary in the
name of the United States in trust for the benefit of the Tribe;
(2) 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 held by any
person at the time of 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 Nebraska pursuant to the terms of any valid obligation
in existence at the time of the acquisition of such land by the
Secretary; and
(3) any real property transferred pursuant to such plan shall be
exempt from Federal, State, and local taxation of any kind.
(d) Statement regarding individuals consulted, and testimony or comments
received by Secretary
The Secretary shall append to the economic development plan
submitted to the Congress under subsection (a) of this section a
detailed statement--
(1) naming each individual consulted in accordance with
subsection (b) of this section;
(2) summarizing the testimony received by the Secretary pursuant
to any such consultation; and
(3) including any written comments or reports submitted to the
Secretary by any individual named in paragraph (1).
(Pub
