62 Stat. 968. Intent of Congress. 116 SEC. 2. The consent of the United States is hereby given to either or both the Navajo Tribe of Indians and the Ute Mountain Tribe of the Ute Mountain Reservation to bring suit against each other, and against any other tribe of Indians, persons, or entities, to quiet the beneficial title in and to such lands in the State of New Mexico as are common to the description contained in article II of the treaty concluded June 1, 1868, between the United States and the Navajo Nation or Tribe of Indians and proclaimed August 12, 1868 (15 Stat. 667), setting apart certain lands for the use and occupation of the Navajo Tribe of Indians, and to the description contained in section 3 of the Act approved February 20, 1895 (28 Stat. 677), setting apart certain lands for the sale and exclusive use and occupancy of the Southern Ute Indians described therein. The United States asserts no beneficial claim to or interest in such land, acknowledges that it holds the legal title to the land in trust, recognizes that the beneficial title cannot be litigated without the consent of the United States, and consents to litigation between the two Indian tribes only in order that their conflicting claims of beneficial title may be conclusively determined. The United States shall not be joined as a party defendant in the litigation, and nothing in this Act shall be construed to authorize a claim against the United States. The Secretary of the Interior shall administer the land in accordance with the judicial determination of beneficial title. SEC. 3. Any action commenced pursuant to section 2 of this Act shall be heard and determined by a district court of three judges in the United States District Court for the District of New Mexico, in accordance with the provisions of title 28, United States Code, section 2284, and, subject to the provisions of section 4 of this Act, any party may appeal as of right directly to the Supreme Court of the United States from the final determination by such three-judge district court. SEC. 4. It is hereby declared to be the intent and the objective of the Congress that the relative rights and interests of all parties making claims against each other in and to the surface and the subsurface of the lands identified in section 2 of this Act be judicially determined in accordance with such principles as may be just and fair in law and equity, including a consistent award or awards or release or releases to either or both the Navajo Tribe and the Ute Mountain Tribe of the Ute Mountain Reservation of such bonus sums, rentals, and royalties, or other moneys paid or received on account of the leasing of any portion of such lands and now held in a joint account in the Treasury of the United States pursuant to the agreement dated May 9, 1957, between the two tribes, approved by the Area Director of the Bureau of Indian Affairs. In furtherance of the accomplishment of this intent and the attainment of this objective, the parties are hereby authorized to enter into a settlement agreement, in which provision may be made for a recognition in perpetuity of their relative rights to use and to enjoy the surface and the subsurface of the lands identified in section 2 of this Act, including the division of any and all such bonus sums, rentals, and royalties, or other moneys paid or received on account of the leasing of any portion of said lands for any purpose or purposes. Such settlement agreement may be embodied in and be made a part of any decree of the court, which thereupon shall be final and conclusive with respect to the rights and interests of all parties. SEC. 5. Nothing in this Act shall be deemed to be a congressional determination of the merits of the conflicting tribal, individual Indian, or other claims with respect to the lands that are the subject of this Act. Approved, February 14, 1968. 1 PUBLIC LAW 90-266 AN ACT To authorize the consolidation and use of funds arising from judgments in favor of the Apache Tribe of the Mescalero Reservation and of each of its constituent groups. March 12, 1968 [S. 1727] 82 Stat. 47 Apache Tribe of Mes Judgment funds. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the funds or the share of the funds, which are or hereafter may be deposited in the calero Reservation. Treasury of the United States to the credit of the Mescalero Apache Tribe, the portion of the Chiricahua_Apache Tribe on the Mescalero Reservation, and the Lipan Apache Tribe (certain constituent groups of the Apache Tribe of the Mescalero Reservation), or any other constituent group of the Apache Tribe of the Mescalero Reservation, or the Apache Tribe of the Mescalero Reservation, to pay any judgments arising out of proceedings instituted before the Indian Claims Commission in dockets numbered 22-B, 22-C, 22-G, 30, 48, 49, and 182 and the interest on said funds, after payment of attorney fees and expenses, shall be consolidated and credited to the account of the Apache Tribe of the Mescalero Reservation, and the judgment recovered in docket numbered 22-B, and the interest thereon, may be advanced, expended, deposited, invested, or reinvested for any purpose that is authorized by the tribal governing body of the Apache Tribe of the Mescalero Reservation and approved by the Secretary of the Interior. Any part of such funds that may be distributed per capita to the members of the tribes shall not be subject to Federal or State income tax. Approved, March 12, 1968. PUBLIC LAW 90-270 AN ACT To designate the Oahe Reservoir on the Missouri River in the States of North Dakota and South Dakota as Lake Oahe. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Oahe Reservoir on the Missouri River in the States of North Dakota and South Dakota shall be known and designated hereafter as Lake Oahe in honor of the Indian people who inhabited the great Missouri River Basin. Any law, regulation, document, or record of the United States in which such reservoir is referred to by any other name shall be held and considered to refer to such reservoir by the name of Lake Oahe. Approved, March 21, 1968. PUBLIC LAW 90-272 JOINT RESOLUTION To approve long-term contracts for delivery of water from Navajo Reservoir in the Whereas section 11(a) of the Act of June 13, 1962 (76 Stat. 96; Public March 21, 1968 [H. R. 2901] 82 Stat. 51 Lake Oahe, N. Dak-S. Dak. Designation. March 22, 1968 [S. J. Res. 123] 82 Stat. 52 43 U. S. C. 615ss. the United States and the Congress has approved such contracts."; and Whereas the Secretary has made such determination in connection with the following contracts transmitted to Congress by letter dated November 21, 1967: Water contracts, approval. March 30, 1968 (S. 2336] 82 Stat. 69 Indians. Judgment fund rights. Tax exemptions. March 30, 1968 [H. R. 536] 82 Stat. 70 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That such contracts are hereby approved by the Congress. The Secretary may enter into amendments thereto which would in his judgment be in the interest of water conservation, but the total water depletion shall not exceed the estimates set forth in this joint resolution. Approved, March 22, 1968. PUBLIC LAW 90-278 AN ACT To determine the respective rights and interests of the Confederated Tribes of the Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Confederated Tribes of the Colville Reservation, acting through the chairman of its business council, and the Yakima Tribes of Indians of the Yakima Reservation, acting through the chairman of its tribal council, for and on behalf of said tribes and each and all their constituent tribal groups, are each hereby authorized to commence or defend in the United States Court of Claims an action against each other making claims to a share in the funds that are on deposit in the Treasury of the United States to pay a judgment of the Indian Claims Commission dated April 5, 1965, in dockets numbered 161, 222, and 224, and the interest on said funds; and jurisdiction is hereby conferred upon said court to hear such claims and to render judgment and decree thereon making such division of such funds and the interest on such funds, as may be just and fair in law and equity, between the Confederated Tribes of the Colville Reservation and its constituent tribal groups on the one hand, and the Yakima Tribes of Indians of the Yakima Reservation and its constituent tribal groups on the other hand. SEC. 2. Any part of such funds that may be distributed per capita to the members of the tribes shall not be subject to Federal or State income tax. Approved, March 30, 1968. PUBLIC LAW 90-279 AN ACT To convey certain Chilocco Indian School lands at Chilocco, Oklahoma, to the Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all the right, title, and interest of the United States in 2,667.94 acres, more or less, of the following described land, which has been determined to be surplus to the needs of the Chilocco Indian School, are hereby conveyed to the Cherokee Nation upon payment therefor at the rate of $3.75 per acre, the original cost of the land: INDIAN MERIDIAN TOWNSHIP 29 NORTH, RANGE 2 EAST Section 13, lots 1, 2, 5, 6, and 7, southwest quarter northeast quarter, west half southeast quarter; and the parts of lot 3, southeast quarter northwest quarter, and east half southwest quarter lying east of the east right-of-way line of the Atchison, Topeka and Santa Fe Railroad, 339.53 acres. Section 16, lots 3 and 4, south half northwest quarter, and southwest quarter, 313.85 acres. Section 17, lots 1 and 2 (except that part described as "Beginning at a point 39 rods south of the northeast corner of the northeast quarter section 17; township 29 north, range 2 east, Indian meridian; thence 24 rods south, thence 33/3 rods west, thence 24 rods north, thence 333 rods east to point of beginning, containing 5 acres"), lots 5 to 7, inclusive, southeast quarter northeast quarter, and east half southeast quarter, 313.62 acres. Section 20, lots 1 and 2 and east half northeast quarter (except that part described as "Beginning at a point 67 rods north of southeast corner of the northeast quarter section 20, township 29 north, range 2 east, Indian meridian, thence north 20 rods, thence west 50 rods, thence south 10 rods, thence east 20 rods, thence south 10 rods, thence east 30 rods to point of beginning, containing 5 acres"), lots 3 and 4, and east half southeast quarter, 316.36 acres. Section 21, those parts of the northwest quarter and southwest quarter lying west of the west right-of-way line of the S.L. & S.F. Railroad, 150.26 acres. Section 24, lots 1 to 4, inclusive, west half northeast quarter, west half southeast quarter, and those parts of the east half northwest quarter and southwest quarter lying east of the east right-of-way line of the Atchison, Topeka and Santa Fe Railroad, 398.39 acres. Section 25, lots 1 to 7, inclusive, west half northeast quarter, northwest quarter southeast quarter, and those parts of the northwest quarter and north half southwest quarter lying east of the east right-of-way line of the Atchison, Topeka and Santa Fe Railroad, 583.25 acres. Section 26, that part of lot 1 lying east of the east right-of-way line of the Atchison, Topeka and Santa Fe Railroad, 12.68 acres. Section 29, north half southeast quarter and northeast quarter, 240.00 acres. SEC. 2. The title of the Cherokee Nation to the land conveyed pursuant to this Act shall be subject to no exemption from taxation or restriction on use, management, or disposition because of Indian ownership. ISEC. 3. This conveyance is subject to existing rights-of-way for waterlines, electric transmission lines, roads, and railroads. SEC. 4. The Indian Claims Commission is directed to determine, in accordance with the provisions of section 2 of the Act of August 13, 1946 (60 Stat. 1050), the extent to which the value of the title conveyed by this Act, less the payment of $3.75 per acre as provided in section 1, 171 Rights-of-way. Claim value, determination. 25 U. S. C. 70a. should or should not be set off against any claim against the United States determined by the Commission. Approved, March 30, 1968. PUBLIC LAW 90-280 March 30, 1968 [S. 876] 82 Stat. 71 Indians. Student education. April 11, 1968 [H. R. 2516] 82 Stat. 73 Civil rights. 177 AN ACT Relating to Federal support of education of Indian students in sectarian institutions of higher education. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following provision of section 21, Act of March 2, 1917 (39 Stat. 969, 988; 25 U. S. C. 278), is repealed: "And it is hereby declared to be the settled policy of the Government to hereafter make no appropriation whatever out of the Treasury of the United States for education of Indian children in any sectarian school." SEC. 2. Funds hereafter appropriated to the Secretary of the Interior for the education of Indian children shall not be used for the education of such children in elementary and secondary education programs in sectarian schools. This prohibition shall not apply to the education of Indians in accredited institutions of higher education and in other accredited schools offering vocational and technical training, but no scholarship aid provided for an Indian student shall require him to attend an institution or school that is not of his own free choice, and such aid shall be, to the extent consistent with sound administration, extended to the student individually rather than to the institution or school. Approved, March 30, 1968. PUBLIC LAW 90-284 AN ACT To prescribe penalties for certain acts of violence or intimidation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SEC. 201. For purposes of this title, the term— (1) "Indian tribe" means any tribe, band, or other group of Indians subject to the jurisdiction of the United States and recognized as possessing powers of self-government; (2) "powers of self-government" means and includes all governmental powers possessed by an Indian tribe, executive, legislative, and judicial, and all offices, bodies, and tribunals by and through which they are executed, including courts of Indian offenses; and (3) “Indian court" means any Indian tribal court or court of Indian offense. INDIAN RIGHTS SEC. 202. No Indian tribe in exercising powers of self-government shall (1) make or enforce any law prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition for a redress of grievances; (2) violate the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures, nor issue warrants, but upon probable cause, supported |