§ 608. — Purchase, sale, and exchange of land.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC608]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XVII--YAKIMA TRIBES
Sec. 608. Purchase, sale, and exchange of land
(a) Authority of Secretary; manner and place
The Secretary of the Interior is authorized in his discretion, to--
(1) purchase for the Yakima Tribes, with any funds of such
tribes, and to otherwise acquire by gift, exchange, or
relinquishment, any lands or interest in lands or improvements
thereon within the Yakima Indian Reservation or within the area
ceded to the United States by the Treaty of June 9, 1855;
(2) sell or approve sales of any tribal trust lands, any
interest therein or improvements thereon, such sales being limited
to agencies of the Federal, State, or local governments for
recreational, educational, civic, or other public purposes, and to
individual members of the tribes;
(3) exchange any tribal trust lands, including interests therein
or improvements thereon, for any lands situated within such
reservation or the area ceded to the United States by the treaty of
June 9, 1855; and
(b) Multiple ownership of land
Where lands are held in multiple ownership, the Secretary is
authorized to sell and exchange such lands to other Indians or the
Yakima Tribes only if the sale or exchange is authorized in writing by
the owners of at least a majority interest in such lands; except that no
greater percentage of approval of individual Indians shall be required
under sections 608 to 608c of this title than in any other statute of
general application approved by Congress.
(c) Acquisitions to be held in trust
Lands and interests in lands acquired by the Secretary pursuant to
subsection (a)(1) of this section and for the benefit of the Yakima
Indian Nation pursuant to section 465 of this title shall be held in
trust by the United States for the benefit of the Yakima Indian Nation.
(d) Terms and conditions
The Secretary shall obtain the advice and consent of the Yakima
tribal council before entering into any of the above transactions
involving the acquisition or disposition of tribal land. The terms and
conditions of any such transaction, including the price at which any
land is so purchased or sold and the valuation of any lands so
exchanged, shall be mutually agreed upon by the Secretary, the Yakima
tribal council, and the individual Indian or Indians concerned. Any such
exchange of lands shall be effected on the basis of approximately equal
consideration with due allowance for the value of improvements in
determining the value of such lands.
(July 28, 1955, ch. 423, Sec. 1, 69 Stat. 392; Pub. L. 88-540, Sec. 1,
Aug. 31, 1964, 78 Stat. 747; Pub. L. 100-581, title II, Sec. 213, Nov.
1, 1988, 102 Stat. 2941; Pub. L. 101-301, Sec. 1(a)(3), (b), May 24,
1990, 104 Stat. 206.)
Codification
Section was not enacted as part of act Aug. 9, 1946, ch. 933, 60
Stat. 968, which comprises this subchapter.
Amendments
1990--Subsec. (c). Pub. L. 101-301, Sec. 1(b), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ``In all
cases in which the Secretary is acquiring for the Yakima Tribes lands or
interests in lands presently held in trust or under restrictions for the
benefit of an individual Indian, title shall be taken in the name of the
United States in trust for the Yakima Tribes. In all cases in which land
being purchased is presently held by the grantor in fee simple, title
shall be taken for and held by the Yakima Tribes in fee and such land
shall not, by reason of its being owned by the tribes, be exempt from
taxation in accordance with the laws of the State of Washington.''
Pub. L. 101-301, Sec. 1(a)(3), repealed Pub. L. 100-581, Sec. 213.
See 1988 Amendment note below.
1988--Subsec. (c). Pub. L. 100-581, Sec. 213, which directed the
general amendment of subsec. (c) of Pub. L. 88-540, cited as a credit to
this section, was repealed by Pub. L. 101-301, Sec. 1(a)(3).
1964--Pub. L. 88-540 amended section generally, and among other
changes, permits acquisitions by gift or relinquishment, acquisition of
any land within the reservation or area ceded to the United States by
the treaty of June 9, 1855, sale of tribal land not only to tribe
members, but also to Federal, State, or local government for
recreational, educational, civic, or other public purposes, exchange of
tribal land for any land within the reservation or the ceded area, lands
held in multiple ownership to be sold or exchanged upon the written
authorization of owners of at least a majority interest in the lands or
any lesser percentage that may be provided in a statute of general
application, and title to land in fee status acquired by the tribes to
be taken in fee status.
Section Referred to in Other Sections
This section is referred to in sections 465, 608b, 608c of this
title.
