Page:United States Statutes at Large Volume 98 Part 3.djvu/799

From Wikisource
Jump to: navigation, search
This page needs to be proofread.
PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-608—OCT. 30, 1984

98 STAT. 3171

Public Law 98-608 98th Congress Joint Resolution To make technical corrections in the Act of January 12, 1983 (Public Law 97-459).

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of January 12, 1983 (96 Stat. 2515; Public Law 97-459), is hereby amended as follows: (1) At the end of section 204 change the period to a colon and insert the following: "Provided, That ' l l) the sale price or exchange value received by the tribe for land or interests in land covered by this section shall be no less than within 10 per centum of the fair market value as determined by the Secretary; "(2) if the tribal land involved in an exchange is of greater or lesser value than the land for which it is being exchanged, the tribe may accept or give cash in such exchange in order to equalize the values of the property exchanged; "(3) any proceeds from the sale of land or interests in land or proceeds received by the tribe to equalize an exchange made pursuant to this section shall be used exclusively for the purchase of other land or interests in land; "(4) the Secretary shall maintain a separate trust account for each tribe selling or exchanging land pursuant to this section consisting of the proceeds of the land sales and exchanges and shall release such funds only for the purpose of buying lands under this section; and "(5) any tribe may retain the mineral rights to such sold or exchanged lands and the Secretary shall assist such tribe in determining the value of such mineral rights and shall take such value into consideration in determining the fair market value of such lands. "(b) The Secretary must execute such instrument of conveyance needed to effectuate a sale or exchange of tribal lands made pursuant to an approved tribal land consolidation plan unless he makes a specific finding that such sale or exchange is not in the best interest of the tribe or is not in compliance with the tribal land consolidation plan.". (2) Section 205 is amended to read as follows: "SEC. 205. Any Indian tribe may purchase at no less than the fair market value part or all of the interests in any tract of trust or restricted land within that tribe's reservation or otherwise subject to that tribe's jurisdiction with the consent of the owners of such interests. The tribe may purchase all of the interests in such tract with the consent of the owners of over 50 per centum of the undivided interests in such tract: Provided, That— "(1) any Indian owning any undivided interest, and in actual use and possession of such tract for at least three years preced-

Oct. 30, 1984 [H.J. Res. 158] Indians. Public lands. 25 USC 2203.

Mines and mining.

25 USC 2204.