25 U.S. Code § 1778d - Trust land acquisition and status

§ 1778d.
Trust land acquisition and status
(a) Acquisition and placement of lands into trust
(1) In general

The Secretary shall convey into trust status lands purchased or otherwise acquired by the Tribe within the areas described in paragraphs (2) and (3) in an amount not to exceed 11,800 acres in accordance with the terms, conditions, criteria, and procedures set forth in the Settlement Agreement and this subchapter. Subject to such terms, conditions, criteria, and procedures, all lands purchased or otherwise acquired by the Tribe and conveyed into trust status for the benefit of the Tribe pursuant to the Settlement Agreement and this subchapter shall be considered as if such lands were so acquired in trust status in 1909 except as: (i) to water rights as provided in subsection (c); and (ii) to valid rights existing at the time of acquisition pursuant to this subchapter.

(2) Primary Acquisition Area
(A) In general

The primary area within which lands may be acquired pursuant to paragraph (1) consists of the lands located in the Primary Acquisition Area, as defined in the Settlement Agreement. The amount of acreage that may be acquired from such area is 11,800 acres less the number of acres acquired and conveyed into trust under paragraph (3).

(B) Effect of objection

Lands referred to in subparagraph (A) may not be acquired pursuant to paragraph (1) if by majority vote the governing body of the city within whose incorporated boundaries (as such boundaries exist on the date of the Settlement Agreement) the subject lands are situated within formally objects to the Tribe’s request to convey the subject lands into trust and notifies the Secretary of such objection in writing within 60 days of receiving a copy of the Tribe’s request in accordance with the Settlement Agreement. Upon receipt of such a notification, the Secretary shall deny the acquisition request.

(3) Secondary Acquisition Area
(A) In general

Not more than 640 acres of land may be acquired pursuant to paragraph (1) from those certain lands located in the Secondary Acquisition Area, as defined in the Settlement Agreement.

(B) Effect of objectionLands referred to in subparagraph (A) may not be acquired pursuant to paragraph (1) if by majority vote—
(i)
the governing body of the city within whose incorporated boundaries (as such boundaries exist on the date of the Settlement Agreement) the subject lands are situated within; or
(ii)
the governing body of Riverside County, California, in the event that such lands are located within an unincorporated area,
formally objects to the Tribe’s request to convey the subject lands into trust and notifies the Secretary of such objection in writing within 60 days of receiving a copy of the Tribe’s request in accordance with the Settlement Agreement. Upon receipt of such a notification, the Secretary shall deny the acquisition request.
(4) Contiguous landsThe Secretary shall not take any lands into trust for the Tribe under generally applicable Federal statutes or regulations where such lands are both—
(A)
contiguous to any lands within the Secondary Acquisition Area that are taken into trust pursuant to the terms of the Settlement Agreement and this subchapter; and
(B)
situated outside the Secondary Acquisition Area.
(b) Restrictions on gaming

The Tribe may conduct gaming on only one site within the lands acquired pursuant to subsection 6(a)(1) [1] as more particularly provided in the Settlement Agreement.

(c) Water rightsAll lands acquired by the Tribe under subsection (a) shall—
(1)
be subject to all valid water rights existing at the time of tribal acquisition, including (but not limited to) all rights under any permit or license issued under the laws of the State of California to commence an appropriation of water, to appropriate water, or to increase the amount of water appropriated;
(2)
be subject to the paramount rights of any person who at any time recharges or stores water in a ground water basin to recapture or recover the recharged or stored water or to authorize others to recapture or recover the recharged or stored water; and
(3)
continue to enjoy all valid water rights appurtenant to the land existing immediately prior to the time of tribal acquisition.


[1]  So in original. Probably should be subsection “(a)(1)”.
Effective Date

Section effective on date on which the Secretary determines that certain conditions with respect to the Settlement Agreement and provisions of title VI of Pub. L. 106–568 have been met, see section 611(b) of Pub. L. 106–568, set out as a note under section 1778 of this title.

 

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