Sec. 204. Transfer of land into trust
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/bill/119/hr/1444/ih/section-204·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
On the Enforceability Date, and subject to valid existing rights and the requirements of this section, the Secretary shall take into trust for the benefit of the Tribe all right, title, and interest of the United States in and to the land described as Tribal Acquisition Area on the Map. Land taken into trust under this subsection shall be subject to valid existing rights, contracts, leases, permits, and rights-of-way, unless the holder of the right, contract, lease, permit, or right-of-way requests an earlier termination in accordance with existing law.
The Bureau of Indian Affairs shall— assume all benefits and obligations of the previous land management agency under the existing rights, contracts, leases, permits, and rights-of-way described in clause (i); and disburse to the Tribe any amounts that accrue to the United States from those rights, contracts, leases, permits, and rights-of-way after the date on which the land is taken into trust from any sale, bonus, royalty, or rental relating to that land in the same manner as amounts received from other land held by the Secretary in trust for the Tribe.
Any improvements constituting personal property (as defined by State law) belonging to the holder of a right, contract, lease, permit, or right-of-way on land taken into trust under this subsection shall— remain the property of the holder; and be removed from the land not later than 90 days after the date on which the right, contract, lease, permit, or right-of-way expires, unless the Tribe and the holder agree otherwise. Any personal property described in clause
(i)remaining beyond the 90-day period described in subclause
(II)of that clause shall— become the property of the Tribe; and be subject to removal and disposition at the discretion of the Tribe. The holder of personal property described in clause
(i)shall be liable to the Tribe for costs incurred by the Tribe in removing and disposing of the property under clause (ii)(II). The withdrawal of Federal land pursuant to section 202 shall terminate, as to the land described in paragraph (1), on the date on which the land is taken into trust under that paragraph. Any water rights associated with land taken into trust under paragraph (1)— shall be held in trust for the Tribe; but shall not be included in the Tribal Water Rights. On acquisition by the Tribe of any land depicted as Potential Future Acquisition Areas on the Map, the Secretary shall take legal title in and to that land into trust for the benefit of the Tribe, subject to the conditions that— the land shall be free from any liens, encumbrances, or other infirmities; and no evidence exists of any hazardous substances on, or other environmental liability with respect to, the land.