§403a–2 — Title 25 Indians | U.S. Code

Summary

Tulalip Tribes may sell certain tribal lands if the Secretary of the Interior agrees. This covers lands the United States holds in trust for the tribe, lands the U.S. has limited so they can’t be sold or taxed, and lands the tribe got on or after June 18, 1956. A sale will end the federal trust or those limits unless the Secretary allows the trust or limits to stay when the land is sold to a tribal member. The Secretary may also take title to land the tribe gives to the United States and hold it in trust so it won’t be taxed. With the Secretary’s approval, the tribe can use trust or tribal land as security for a loan. Those lands can be foreclosed and sold under Washington law. For foreclosure, the tribe is treated as owning full title, the United States does not have to join the case, and a sale removes U.S. title. If the tribe or an individual tribal member buys land at such a sale, title can be taken in the name of the United States in trust (for the tribe or, with the Secretary’s consent, for the individual). Money from selling, trading, or using land as security may be spent for any tribal purpose.

Title 25, §403a–2

Indians — Source: USLM XML via OLRC

(a)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)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

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).

§403a–2 Acquisition, management, and disposal of lands by Tulalip Tribe

Summary

Title 25, §403a–2

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata