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August 31, 1964

[H. R. 5837]

78 Stat. 747

Yakima Indian Res

ervation.

Land purchase.

69 Stat. 392.

25 U. S. C. 608-608c.

12 Stat. 951.

1748

August 31, 1964 [S. 1169]

78 Stat. 755

PUBLIC LAW 88-540

AN ACT

To amend the Act entitled "An Act to authorize the purchase, sale, and exchange of certain Indian lands on the Yakima Indian Reservation, and for other purposes", approved July 28, 1955.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first section of the Act entitled "An Act to authorize the purchase, sale, and exchange of certain Indian lands on the Yakima Reservation, and for other purposes", approved July 28, 1955, is amended to read as follows: "That (a) 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) 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 this Act than in any other statute of general application approved by Congress.

"(c) 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.

"(d) 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 Iterms 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."

SEC. 2. The first sentence of subsection 2 (a) of such Act is repealed.
SEC. 3. Subsection 3 (b) of such Act is repealed.

Approved, August 31, 1964.

PUBLIC LAW 88-551

AN ACT

To authorize a per capita distribution of $350 from funds arising from judgments in favor of any of the Confederated Tribes of the Colville Reservation.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the funds on deposit in the Treasury of the United States to the credit of the Colville Tribe, San Poeils-Nespelem Tribe, Okanogan Tribe, Methow Tribe, and Lake Tribe (certain constituent groups of the Confederated Tribes of the Colville Reservation) that were appropriated to pay a judgment of the Indian Claims Commission dated March 1, 1960, in docket numbered 181, and the funds which may be deposited in the Treasury of the United States to the credit of the said constituent groups or any other constituent groups of the Confederated Tribes of the Colville Reservation to pay any judgments arising out of claims presently pending before the Indian Claims Commission and the interest on said judgments, after payment of attorney fees and expenses, shall be credited to the account of the Confederated Tribes of the Colville Reservation and the Secretary of the Interior is authorized and directed to make a per capita distribution from such funds of $350, to the extent that such funds are available, to each enrolled member of the Confederated Tribes of the Colville Reservation. Any part of such funds distributed per capita to the members of the tribes shall not be subject to Federal or state income tax. Approved, August 31, 1964.

PUBLIC LAW 88-559

AN ACT

To provide for the disposition of the judgment funds on deposit to the credit of the
Northern Cheyenne Tribe of the Tongue River Indian Reservation, Montana.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the unexpended
balance of funds on deposit in the Treasury of the United States to the
credit of the Northern Cheyenne Tribe of Indians of the Tongue River
Reservation in the State of Montana that were appropriated by the
Act of January 6, 1964 (77 Stat. 857), to pay a judgment by the Indian
Claims Commission in docket 329-C, and the interest thereon, after
payment of litigation costs, may be advanced or expended for any
purpose that will improve the economic and social conditions of the
members of the tribe and is authorized by the tribal governing body
thereof and approved by the Secretary of the Interior: Provided, That
no more than $100 per capita shall be distributed in unsupervised
payments. Any part of such funds that is distributed per capita to the
members of the tribe shall not be subject to the Federal or State
income tax.

Approved, September 1, 1964.

PUBLIC LAW 88-560

AN ACT

To extend and amend laws relating to housing, urban renewal, and community facilities, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Housing Act of 1964".

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LURBAN AND REGIONAL PLANNING GRANTS

SEC. 314. (a) Section 701 (a) of the Housing Act of 1954 is amended by striking out "resulting from rapid urbanization" in clause (B) of paragraph (1).

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1793

75 Stat. 48.

42 U. S. C. 2504.

73 Stat. 678.
40 U. S. C. 461.

1798

1799

69 Stat. 641.

40 U. S. C. 462.

(b) Section 701 (a) of such Act is further amended by-
(1) striking out "and" at the end of paragraph (4);
(2) striking out the period at the end of paragraph (5) and
inserting in lieu thereof a semicolon; and

(3) adding two new paragraphs after paragraph (5) as follows:
"(6) metropolitan and regional planning agencies, with the
approval of the State planning agency or (in States where no such
planning agency exists) of the Governor of the State, for the
provision of planning assistance within the metropolitan area or
region to cities, other municipalities, counties, groups of adjacent
communities, or Indian reservations described in clauses (A), (B),
(C), and (D) of paragraph (1) of this subsection;

"(7) to official governmental planning agencies for any area where there has occurred a substantial reduction in employment opportunities as the result of (A) the closing (in whole or in part) of a Federal installation, or (B) a decline in the volume of Government orders for the procurement of articles or materials produced or manufactured in such area; and".

(c) Section 701 (a) of such Act is further amended by striking out "(a)" after "section 5" in paragraph (3).

(d) Section 701 (b) of such Act is amended by striking out the proviso in the first sentence and inserting in lieu thereof ": Provided, That such a grant may be in an amount not exceeding three-fourths of such estimated cost to an official governmental planning agency for an area described in subsection (a) (7), or for planning being carried out for a city, other municipality, county, group of adjacent communiIties, or Indian reservation in an area designated by the Secretary of Commerce as a redevelopment area under section 5 of the Area Redevelopment Act".

PLANNING GRANTS FOR INDIAN RESERVATIONS

SEC. 315. (a) Section 701 (a) of the Housing Act of 1954 is amended by

(1) striking out "and" at the end of clause (B) of paragraph (1); (2) inserting“, and (D) Indian reservations" before the semicolon at the end of paragraph (1); and

(3) inserting a new paragraph after paragraph (7) (added by section 314(b)) as follows:

"(8) tribal planning councils or other tribal bodies designated by the Secretary of the Interior for planning for an Indian reservation to which no State planning agency or other agency or instrumentality is empowered to provide planning assistance under clause (D) of paragraph (1) above."

(b) Section 701(d) of such Act is amended by—

(1) striking out "and urban regions" in the first sentence and inserting in lieu thereof "urban regions, and Indian reservations"; and

(2) inserting after "instrumentalities" in the second sentence the following: “, and to Indian tribal bodies,".

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LADVANCES FOR PUBLIC WORKS PLANNING

SEC. 602. (a) Section 702(e) of the Housing Act of 1954 is amended to read as follows:

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(b) Section 702 of such Act is further amended by adding at the end thereof the following new subsection:

"(h) (1) Notwithstanding any other provision of law, if a public agency or Indian tribe undertakes to construct only a portion of a public work planned with an advance under this section, under title V of the War Mobilization and Reconversion Act of 1944, or under the Act of October 13, 1949, it shall repay only such proportionate amount of the advance relating to the public work as the Administrator determines to be equitable.

"(2) The Administrator is authorized, to terminate, upon such terms and conditions as he shall deem equitable, all or a portion of the liability for repayment of any advance made under this section, title V of the War Mobilization and Reconversion Act of 1944, or the Act of October 13, 1949. Whenever the Administrator determines that there is no reasonable likelihood that the public work, or a portion of the public work, planned with such advance will be constructed, he may terminate the agreement for the advance. Such determination shall be conclusive and shall be based on standards prescribed by regulations to be issued by the Administrator."

(c) Section 702 of such Act is further amended—

(1) by striking out "public agencies" wherever that term appears in subsection (a) and inserting in lieu thereof "public agencies and Indian tribes";

(2) by striking out "public agency" in clause (3) of subsection (b) and inserting in lieu thereof "public agency or Indian tribe";

(3) by striking out "to any public agency" and "by the public agency" in subsection (c) and inserting in lieu thereof "to any public agency or Indian tribe" and "by the public agency or Indian tribe", respectively, and by striking out "by such agency" in such subsection and inserting in lieu thereof "by such agency or tribe"; and

(4) by striking out "That if" and all that follows down through "And provided further," in subsection (c).

(d) Section 702(f) of such Act is amended by striking out "$50,000" and inserting in lieu thereof "$100,000".

(e) Section 702(a) of such Act is amended by inserting immediately before the first colon the following: ", including, in the case of public works to be constructed in connection with the development of a medical center, a general plan for the development of such center". (f) Section 702(b) of such Act is amended by striking out the last

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73 Stat. 686.

PUBLIC LAW 88-606

AN ACT

For the establishment of a Public Land Law Review Commission to study existing laws and procedures relating to the administration of the public lands of the United States, and for other purposes.

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

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SEC. 10. As used in this Act, the term "public lands" includes (a) the public domain of the United States, (b) reservations, other than Indian reservations, created from the public domain, (c) lands permanently or temporarily withdrawn, reserved, or withheld from private appropriation and disposal under the public land laws, including the mining laws, (d) outstanding interests of the United States in lands patented, conveyed in fee or otherwise, under the public land laws, (e) national

September 19, 1964 [H. R. 8070]

78 Stat. 982

Public Land Law Review Commission. Establishment.

1985

October 6, 1964 [H. R. 10204]

78 Stat. 1008

Osage Indians.
Mineral estate.

October 7, 1964 [H. R. 12633] 78 Stat. 1023

Supplemental Appropriation Act, 1965.

11027

11028

Ante, p. 738.

October 8, 1964 [S. 653]

78 Stat. 1039

Lake Mead National Recreation Area.

Administration.

Boundaries.

forests, (f) wildlife refuges and ranges, and (g) the surface and subsurface resources of all such lands, including the disposition or restriction on disposition of the mineral resources in lands defined by appropriate statute, treaty, or judicial determination as being under the control of the United States in the Outer Continental Shelf. Approved, September 19, 1964.

PUBLIC LAW 88-632

AN ACT

To extend the Osage mineral reservation for an indefinite period. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 of the Act of June 24, 1938 (52 Stat. 1034), which extends the mineral estate reserved to the Osage Tribe by the Act of June 28, 1906 (34 Stat. 539), until April 8, 1983, unless otherwise provided by Act of Congress, is hereby amended by striking the word "unless" and substituting therefor “and thereafter until”.

Approved, October 6, 1964.

PUBLIC LAW 88-635

AN ACT

Making supplemental appropriations for the fiscal year ending June 30, 1965, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated out of any money in the Treasury not otherwise appropriated, to supply supplemental appropriations (this Act may be cited as the "Supplemental Appropriation Act, 1965") for the fiscal year ending June 30, 1965, and for other purposes, namely:

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PAYMENT TO THE SENECA NATION

For assistance to improve the economic, social, and educational conditions of enrolled members of the Seneca Nation, as authorized by Public Law 88-533, approved August 31, 1964, $12,128,917.

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To provide an adequate basis for administration of the Lake Mead National
Recreation Area, Arizona and Nevada, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in recognition of the national significance of the Lake Mead National Recreation Area, in the States of Arizona and Nevada, and in order to establish a more adequate basis for effective administration of such area for the public benefit, the Secretary of the Interior hereafter may exercise the functions and carry out the activities prescribed by this Act.

SEC. 2. Lake Mead National Recreation Area shall comprise that particular land and water area which is shown on a certain map, identified as "boundary map, RA-LM-7060-B, revised July 17, 1963", which is on file and which shall be available for public inspection in

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