Page 185 TITLE 25—INDIANS § 463

§ 459e. Tax exemption for conveyed lands and

gross receipts; distribution of gross receipts

to tribal members

All property conveyed to tribes pursuant to

this subchapter and all the receipts therefrom

referred to in section 459d of this title, shall be

exempt from Federal, State, and local taxation

so long as such property is held in trust by the

United States. Any distribution of such receipts

to tribal members shall neither be considered as

income or resources of such members for purposes of any such taxation nor as income, resources, or otherwise utilized as the basis for denying or reducing the financial assistance or

other benefits to which such member or his

household would otherwise be entitled to under

the Social Security Act [42 U.S.C. 301 et seq.] or

any other Federal or federally assisted program.

(Pub. L. 94–114, §6, Oct. 17, 1975, 89 Stat. 579.)

REFERENCES IN TEXT

The Social Security Act, referred to in text, is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is

classified generally to chapter 7 (§301 et seq.) of Title

42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title

42 and Tables.

SUBCHAPTER V—PROTECTION OF INDIANS

AND CONSERVATION OF RESOURCES

§ 461. Allotment of land on Indian reservations

On and after June 18, 1934, no land of any Indian reservation, created or set apart by treaty

or agreement with the Indians, Act of Congress,

Executive order, purchase, or otherwise, shall be

allotted in severalty to any Indian.

(June 18, 1934, ch. 576, §1, 48 Stat. 984.)

SHORT TITLE

Act June 18, 1934, which enacted this section and sections 462, 463, 464, 465, 466 to 470, 471, 472, 473, 474, 475, 476

to 478, and 479 of this title, is popularly known as the

‘‘Indian Reorganization Act’’.

CROSS REFERENCES

Allotments on reservations, see section 331 of this

title.

Reservations wherein a majority of the adult Indians

vote against application of act of which this section is

a part, see section 478 of this title.

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

section 324 of this title.

Territories, colonies, or insular possessions of United

States and certain Indian tribes, application to, see

sections 473 and 473a of this title.

ACT REFERRED TO IN OTHER SECTIONS

Act June 18, 1934 (Indian Reorganization Act) is referred to in sections 324, 396b, 443, 470a, 473a, 475a, 478a,

478b, 480, 482, 483, 488, 503, 504, 507, 566b, 711a, 715a, 715c,

723, 725, 728, 733, 758, 762, 903a, 903c, 941, 941g, 941h, 983a,

983b, 1300b–14, 1300f, 1300g–2, 1300h–2, 1300h–5, 1300i–8,

1300j, 1300j–1, 1300k, 1300k–2, 1300k–4, 1300l, 1300l–2,

1300m–1, 1300m–3, 1461, 2108 of this title; title 7 section

1471; title 42 section 12511; title 43 section 1615.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 473a of this title.

§ 462. Existing periods of trust and restrictions

on alienation extended

The existing periods of trust placed upon any

Indian lands and any restriction on alienation

thereof are extended and continued until otherwise directed by Congress.

(June 18, 1934, ch. 576, §2, 48 Stat. 984.)

CROSS REFERENCES

Reservations wherein a majority of the adult Indians

vote against application of act of which this section is

a part, see section 478 of this title.

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

section 324 of this title.

Territories, colonies, or insular possessions of United

States and certain Indian tribes, application to, see

section 473 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 478–1 of this

title.

§ 462a. Omitted

CODIFICATION

Section, act Apr. 11, 1940, ch. 80, 54 Stat. 106, related

to reimposition and extension of trust period on lands

of Crow Reservation.

§ 463. Restoration of lands to tribal ownership

(a) Protection of existing rights

The Secretary of the Interior, if he shall find

it to be in the public interest, is authorized to

restore to tribal ownership the remaining surplus lands of any Indian reservation heretofore

opened, or authorized to be opened, to sale, or

any other form of disposal by Presidential proclamation, or by any of the public-land laws of

the United States: Provided, however, That valid

rights or claims of any persons to any lands so

withdrawn existing on the date of the withdrawal shall not be affected by this Act: Provided further, That this section shall not apply

to lands within any reclamation project heretofore authorized in any Indian reservation.

(b) Papago Indians; permits for easements, etc.

(1), (2) Repealed. May 27, 1955, ch. 106, §1, 69

Stat. 67.

(3) Water reservoirs, charcos, water holes,

springs, wells, or any other form of water development by the United States or the Papago Indians shall not be used for mining purposes under

the terms of this Act, except under permit from

the Secretary of the Interior approved by the

Papago Indian Council: Provided, That nothing

herein shall be construed as interfering with or

affecting the validity of the water rights of the

Indians of this reservation: Provided further,

That the appropriation of living water heretofore or hereafter affected, by the Papago Indians is recognized and validated subject to all the

laws applicable thereto.

(4) Nothing herein contained shall restrict the

granting or use of permits for easements or

rights-of-way; or ingress or egress over the lands

for all proper and lawful purposes.

(June 18, 1934, ch. 576, §3, 48 Stat. 984; Aug. 28,

1937, ch. 866, 50 Stat. 862; May 27, 1955, ch. 106, §1,

69 Stat. 67.)

REFERENCES IN TEXT

‘‘Heretofore’’, referred to in subsec. (a), means before

June 18, 1934.

The public-land laws of the United States, referred to

in subsec. (a), are classified generally to Title 43, Public Lands.