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§ 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).



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