Vol. VI, Laws     (Compiled from February 10, 1939 to January 13, 1971)

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Public Law 88-418
August 11, 1964 | [H. R. 2977] 78 Stat. 389

To authorize the sale of certain lands of the Cheyenne River Sioux Tribe.
Section 2 | 3

Margin Notes
Public Law 88-418 Indians. Cheyenne River Sioux Tribe.
Sec. 2 Disposal of funds.
Sec. 3 62 Stat. 939.

Page 1011

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding any other provision of law, but subject to the provisions of the Cheyenne River Sioux tribal constitution and the ordinances and resolutions adopted thereunder, any of the real property of the Cheyenne River Sioux Tribe located outside the boundaries of the Cheyenne River Reservation in Stanley, Haakon, Pennington, and Meade Counties, South Dakota, and any isolated tracts that are located within the boundaries of the reservation but outside the boundaries of land consolidation areas and are not needed for Indian use, may be sold in appropriate units, after competitive bidding, to the highest bidder therefor. No such sale shall be at a price less than the fair market value of such property, as determined by the Secretary of the Interior. Any such sale shall be subject to such terms and conditions as may be prescribed by the Secretary of the Interior.

SEC. 2.

All funds derived from the sale of real property authorized by the first section of this Act shall be placed by the Secretary of the Interior in a special account in the Treasury and shall be used only for the purchase of real property within the boundaries of the Cheyenne River Reservation. Any real property purchased with such funds shall be held by the United States in trust for the Cheyenne River Sioux Tribe.

SEC. 3.

Any tribal land that may be sold pursuant to section 1 of this Act may, with the approval of the Secretary of the Interior, be encumbered by a mortgage or deed of trust, and 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 in which the land is located. The United States shall be an indispensable party to any such proceeding with the right of removal of the cause to the United States district court for the district in which the land is located, following the procedure in 28 U. S. C. 1446: Provided, That the United States shall have the right to appeal from any order of remand in the case.

Approved, August 11, 1964.

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