§ 463a TITLE 25—INDIANS Page 186

This Act, referred to in subsecs. (a) and (b)(3), is act

June 18, 1934, which is classified generally to this subchapter. For complete classification of this Act to the

Code, see Short Title note set out under section 461 of

this title and Tables.

AMENDMENTS

1955—Subsec. (b)(1). Act May 27, 1955, repealed par. (1)

which restored lands of Papago Indian Reservation to

exploration and location.

Subsec. (b)(2). Act May 27, 1955, repealed par. (2)

which required person desiring a mineral patent to pay

$1 per acre in lieu of annual rental.

Subsec. (b)(4). Act May 27, 1955, struck out provisions

relating to authority to issue or promulgate rules or

regulations in conflict with Executive Order of Feb. 1,

1917 or act of Feb. 21, 1931 (46 Stat. 1202).

1937—Subsec. (a). Act Aug. 28, 1937, designated existing provisions of first par. as subsec. (a).

Subsec. (b)(1). Act Aug. 28, 1937, designated existing

provisions of first par. as par. (1), substituted ‘‘damages

shall be paid to the superintendent or other officer in

charge of the reservation for the credit of the owner

thereof’’ for ‘‘damages shall be paid to the Papago

Tribe’’ and ‘‘to be the fair and reasonable value of such

improvement’’ for ‘‘but not to exceed the cost of said

improvements’’ and struck out ‘‘and payments derived

from damages or rentals shall be deposited in the

Treasury of the United States to the credit of the

Papago Tribe’’ after ‘‘mining operations,’’.

Subsec. (b)(2). Act Aug. 28, 1937, designated existing

provisions of first par. as par. (2), inserted ‘‘pay to the

superintendent or other officer in charge of the reservation, for’’ before ‘‘deposit’’, substituted ‘‘Provided, That

an applicant for patent shall also pay to the Secretary

or other officer in charge of the said reservation for the

credit of the owner’’ for ‘‘Provided further, That patentee shall also pay into the Treasury of the United

States to the credit of the Papago Tribe’’ substituted

‘‘but the sum thus deposited, except for a deduction of

rental at the annual rate hereinbefore provided, shall

be refunded to the applicant in the event that patent is

not acquired’’ for ‘‘the payment of $1.00 per acre for

surface use to be refunded to patentee in the event that

patent is not acquired’’ after ‘‘determination by the

Secretary of the Interior, but not to exceed the cost

thereof’’.

Subsec. (b)(3). Act Aug. 28, 1937, added par. (3).

Subsec. (b)(4). Act Aug. 28, 1937, designated second

par. as par. (4).

TRANSFER OF FUNCTIONS

Functions of all other officers of Department of the

Interior and functions of all agencies and employees of

Department, with two exceptions, transferred to Secretary of the Interior, with power vested in him to authorize their performance or performance of any of his

functions by any of those officers, agencies, and employees, by Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24,

1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix

to Title 5, Government Organization and Employees.

RESTORATION OF VACANT AND UNDISPOSED-OF CEDED

LANDS IN CERTAIN INDIAN RESERVATIONS

Pub. L. 85–420, May 19, 1958, 72 Stat. 121, provided:

‘‘That all lands now or hereafter classified as vacant

and undisposed-of ceded lands (including townsite lots)

on the following named Indian reservations are hereby

restored to tribal ownership, subject to valid existing

rights:

Reservation and State Approximate

acreage

Klamath River, California .................................... 159.57

Coeur d’Alene, Idaho ............................................ 12,877.65

Crow, Montana ..................................................... 10,260.95

Fort Peck, Montana ............................................. 41,450.13

Spokane, Washington ........................................... 5,451.00

Provided, That such restoration shall not apply to any

lands while they are within reclamation projects heretofore authorized.

‘‘SEC. 2. Title to the lands restored to tribal ownership by this Act shall be held by the United States in

trust for the respective tribe or tribes, and such lands

are hereby added to and made a part of the existing reservations for such tribe or tribes.

‘‘SEC. 3. The lands restored to tribal ownership by

this Act may be sold or exchanged by the tribe, with

the approval of the Secretary of the Interior.’’

PAPAGO INDIAN RESERVATION

Section 1 of act May 27, 1955, provided: ‘‘That the provisions with respect to subjection of mineral lands

within the Papago Indian Reservation to exploration,

location, and entry under the mining laws of the

United States in the Executive order dated February 1,

1917, creating the Papago Indian Reservation, and in

the third proviso in section 1 of the Act of February 21,

1931 (46 Stat. 1202), and the provisions of subsection

(b)(1) and (2) and of the remainder, following the word

‘purposes’, of subsection (b)(4) of section 3 of the Act of

June 18, 1934 (48 Stat. 984; 25 U.S.C. 461–479), as amended

by the Act of August 28, 1937 (50 Stat. 862, 863; 25 U.S.C.

463) [this section], are hereby repealed, all tribal lands

within the Papago Indian Reservation are hereby withdrawn from all forms of exploration, location, and

entry under such laws, the minerals underlying such

lands are hereby made a part of the reservation to be

held in trust by the United States for the Papago Indian Tribe, and such minerals shall be subject to lease

for mining purposes pursuant to the provisions of the

Act of May 11, 1938 (52 Stat. 347) [sections 396a to 396g

of this title]: Provided, That the provisions of this Act

shall not be applicable to lands within the Papago Indian Reservation for which a mineral patent has heretofore been issued or to a claim that has been validly

initiated before the date of this Act and thereafter

maintained under the mining laws of the United

States.’’

CROSS REFERENCES

Right-of-way grant, consent of tribal officials, see

section 324 of this title.

Territories, colonies, or insular possessions of United

States, application to, see section 473 of this title.

Umatilla Indian Reservation lands restored, see sections 463d to 463g of this title.

§ 463a. Extension of boundaries of Papago Indian

Reservation

Whenever all privately owned lands except

mining claims within the following-described

area have been purchased and acquired as authorized in sections 463b and 463c of this title,

the boundary of the Papago Indian Reservation

in Arizona shall be extended to include the west

half of section 4; west half of section 9, township

17 south, range 8 east; all of township 18 south,

range 2 west, all of fractional township 19 south,

range 2 west; and all of fractional townships 18

and 19 south, range 3 west, except sections 6, 7,

18, 19, 30, and 31 in township 18 south, range 3

west, Gila and Salt River meridian. This extension shall not affect any valid rights initiated

prior to July 28, 1937, nor the reservation of a

strip of land sixty feet wide along the United

States-Mexico boundary made by proclamation

of the President dated May 27, 1907 (35 Stat.

2136). The lands herein described when added to

the Papago Indian Reservation as provided in

sections 463a to 463c of this title shall become a

part of said reservation in all respects and upon

all the same terms as if said lands had been included in the Executive order issued by the

President on February 1, 1917: Provided, That

lands acquired under sections 463a to 463c of this
Page 187 TITLE 25—INDIANS § 463d

title shall remain tribal lands and shall not be

subject to allotment to individual Indians.

(July 28, 1937, ch. 527, §1, 50 Stat. 536.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 463c of this title.

§ 463b. Purchase of private lands; limitations

The Secretary of the Interior is authorized to

purchase for the use and benefit of the Papago

Indians with any available funds heretofore or

hereafter appropriated, pursuant to authority

contained in section 465 of this title, all privately owned lands, water rights, and reservoir

site reserves within townships 18 and 19 south,

ranges 2 and 3 west, together with all grazing

privileges and including improvements upon

public lands appurtenant to the so-called Menager Dam property, at the appraised value of

$40,016.37.

(July 28, 1937, ch. 527, §2, 50 Stat. 536.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 463a of this title.

§ 463c. Gift of lands by Arizona

The State of Arizona may relinquish in favor

of the Papago Indians such tracts within the

townships referred to in section 463a of this title

as it may see fit and shall have the right to select other unreserved and nonmineral public

lands within the State of Arizona equal in area

to those relinquished, said lieu selections to be

made in the same manner as is provided for in

the Enabling Act of June 20, 1910 (36 Stat. 558),

or in the discretion of the State of Arizona

under the provisions of section 315g of title 43.

The payment of fees or commissions is waived in

all lieu selections made pursuant to this section.

(July 28, 1937, ch. 527, §3, 50 Stat. 536.)

REFERENCES IN TEXT

The Enabling Act of June 20, 1910, referred to in text,

probably means act June 20, 1910, ch. 310, 36 Stat. 557,

which provided that, subject to certain limitations,

lieu selections of land in Arizona are to be made pursuant to sections 851 and 852 of Title 43, Public Lands.

Section 315g of title 43, referred to in text, was repealed by Pub. L. 94–579, title VII, §705(a), Oct. 21, 1976,

90 Stat. 2792.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 463a of this title.

§ 463d. Restoration of lands in Umatilla Indian

Reservation to tribal ownership

The Secretary of the Interior is authorized in

his discretion to restore to tribal ownership the

undisposed of surplus lands of the Umatilla Indian Reservation, Oregon, heretofore opened to

entry or other form of disposal under the publicland laws: Provided, That restoration shall be

subject to any existing valid rights.

(Aug. 10, 1939, ch. 662, §1, 53 Stat. 1351.)

REFERENCES IN TEXT

The public-land laws, referred to in text, are classified generally to Title 43, Public Lands.

INHERITANCE OF TRUST OR RESTRICTED LANDS

Pub. L. 95–264, Apr. 18, 1978, 92 Stat. 202, provided:

‘‘That the right to inherit trust or restricted land on

the Umatilla Indian Reservation, to the extent that the

laws of descent of the State of Oregon are inconsistent

herewith, shall be as provided herein.

‘‘SEC. 2. When any Indian dies leaving any interest in

trust or restricted land within the Umatilla Reservation and not having lawfully devised the same, such interest shall descend in equal shares to his or her children and to the issue of any deceased child by right of

representation; and if there is no child of the decedent

living at the time of his or her death, such interests

shall descend to his or her other lineal descendants;

and if such descendants are in the same degree of kindred to the intestate, they shall take such real property equally, or otherwise they shall take according to

the right of representation. An interest taken hereunder shall be subject to the right of a surviving spouse

as provided in section 3.

‘‘SEC. 3. The surviving spouse of any Indian who dies

leaving any interest in trust or restricted land within

the Umatilla Reservation shall be entitled to obtain a

one-half interest in all such trust or restricted interests in land during his or her lifetime.

‘‘SEC. 4. If any Indian, who leaves any interest in

trust or restricted land within the Umatilla Reservation, makes provisions for his or her surviving spouse

by an approved will, such surviving spouse shall have

an election whether to take the provisions as made in

such will or to take the interest as set forth in section

3 of this Act, but such surviving spouse shall not be entitled to both unless it plainly appears by the will to

have been so intended by the testator. When any surviving spouse is entitled to an election under this section, he or she shall be deemed to have elected to take

the provisions as made in such will unless, at or prior

to the first hearing to probate the will, he or she has

elected to take under section 3 of this Act and not

under the will.

‘‘SEC. 5. The provisions of this Act shall apply to all

estates of decedents who die on or after the date of enactment of this Act [Apr. 18, 1978].’’

CONVEYANCE OF LANDS TO STIMULATE INDUSTRIAL

DEVELOPMENT

Pub. L. 85–186, Aug. 28, 1957, 71 Stat. 468, provided:

‘‘That, upon request of any Indian tribe, group, or corporate entity, and approval of the request by the Secretary of the Interior as provided in this Act, the Administrator of the General Services Administration is

authorized to transfer, without cost to such Indian

tribe, group, or corporate entity, title to any property

of the United States at the McNary Dam townsite,

Umatilla, Oregon, or at Pickstown, South Dakota, that

is declared surplus pursuant to the Federal Property

and Administrative Services Act of 1949 (Act of June 30,

1949; 63 Stat. 378), as amended [see Short Title note

under section 471 of Title 40, Public Buildings, Property, and Works]. Such property shall not be exempt

from taxation because of the fact that title is held by

the Indian tribe, group, or corporate entity.

‘‘SEC. 2. The Secretary of the Interior shall approve a

request for surplus property pursuant to this Act only

if—

‘‘(a) the Indian tribe, group, or corporate entity is

organized under State or Federal law in a form satisfactory to the Secretary for the purpose of holding

title to the property;

‘‘(b) the surplus property is to be used to stimulate

industrial development near the Indian tribe, band,

group, or reservations;

‘‘(c) the Indian tribe, group, or corporate entity has

executed a contract with an industrial enterprise

that is acceptable to the Secretary;

‘‘(d) the contract between the Indian tribe, group,

or corporate entity and the industrial enterprise contains such provisions as the Secretary deems desirable, including in substance the following:

‘‘(1) Title to the property will remain in the Indian tribe, group, or corporate entity, and the property will be made available to the industrial enterprise at a rental fee commensurate with the pur-