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Volume 85 · 626

Public Law 92–182

To authorize the sale of certain lands on the Kalispel Indian Reservation, and for other purposes.

Approved December 15, 1971

Statutory text

AN ACT

To authorize the sale of certain lands on the Kalispel Indian Reservation, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That for the purpose of effecting consolidations of land situated within the Kalispel Indian Reservation in the State of Washington into the ownership of the Kalispel Indian Community and its individual members and for the purpose of attaining and preserving an economic land base for Indian use, alleviating problems of Indian heirship, and assisting in the productive leasing, disposition, and other use of tribal and individually allotted lands on the Kalispel Reservation, the Secretary of the Interior is authorized in his discretion to sell or approve sales of any tribal trust lands, any interest therein, or improvements thereon.

Sec. 2.

The sale of lands for the Kalispel Indian Community pursuant to this Act shall be upon request of the business committee or the Kalispel Community Council of the Kalispel Indian Community evidenced by a resolution adopted in accordance with the constitution and bylaws of the tribe, and shall be in accordance with a consolidation plan approved by the Secretary of the Interior.

Sec. 3.

Any moneys or credits received by the Kalispel Indian Community in the sale of lands shall be used for the purchase of other lands, or for such other purpose as may be consistent with the land consolidation program, approved by the Secretary of the Interior.

Sec. 4.

The Secretary of the Interior is authorized to sell and exchange individual Indian trust lands or interests therein on the Kalispel Indian Reservation held in multiple ownership to the Kalispel Indian Community, to any member thereof, or to any. other Indian having an interest in the land involved, if the sale or exchange is authorized in writing by owners of at least a majority of the trust interests in such lands; except that no greater percentage of approval of such trust interests shall be required under this Act than m any other statute of general application approved by Congress.

Sec. 5.

The Community Council of the Kalispel Indian Community may encumber any tribal land by a mortgage or deed of trust, with the approval of the Secretary of the Interior, and such land shall be subject to foreclosure or sale pursuant to the terms of such mortgage or deed of trust in accordance with the laws of the State of Washington. The United States shall lie an indispensable party to any such proceedings with the right of removal of the cause or the United States district court for the district in which the land is located, following

62 Stat. 939;

79 Stat. 887.

the procedure in section 1446 of title 28, United States Code: Provided, That the United States shall have the right to appeal from any order of remand in the case.

Sec. 6.

The second sentence of section 1 of the Act of August 9,

77 Stat. 301.

1955 (69 Stat. 539), as amended (25 U.S.C. 415), is hereby further amended by inserting after “the Fort Mohave Reservation,” the words “the Kalispel Indian Reservation,”.

Approved December 15, 1971.

Parsed from the official Statutes at Large USLM XML in 85.xml