Page 183 TITLE 25—INDIANS § 459a

1933 (48 Stat. 200), and any subsequent Emergency Relief Appropriation Acts, including but

not limited to section 5 of the Emergency Relief

Appropriation Act of 1939 (53 Stat. 927, 930) and

section 4 of the Emergency Relief Appropriation

Act, fiscal year 1941 (54 Stat. 611, 617), together

with all minerals underlying any such land

whether acquired pursuant to such Acts or

otherwise owned by the United States, and

which lands are now administered by the Secretary of the Interior for the use or benefit of (1)

Ramah Navajo Indians, are hereby declared to

be held in trust for the Ramah Band of the Navajo Tribe, and (2) Choctaw Indians of Mississippi, except lands subject to the Act of June

21, 1939 (53 Stat. 851), are hereby declared to be

held in trust for the Mississippi Band of Choctaw Indians; excepting valid rights-of-way of

record.

(Pub. L. 94–114, §1, Oct. 17, 1975, 89 Stat. 577; Pub.

L. 97–434, §1(a), Jan. 8, 1983, 96 Stat. 2280.)

REFERENCES IN TEXT

The National Industrial Recovery Act, referred to in

subsecs. (a) and (c), is act June 16, 1933, ch. 90, 48 Stat.

195, as amended. Title II of the National Industrial Recovery Act was classified principally to subchapter I

(§401 et seq.) of chapter 8 of Title 40, Public Buildings,

Property, and Works, and was terminated June 30, 1943

by act June 27, 1942, ch. 450, §1, 56 Stat. 410. For complete classification of this Act to the Code, see Tables.

Emergency Relief Appropriation Act of April 8, 1935,

referred to in subsec. (a), is act Apr. 8, 1935, ch. 48, 49

Stat. 115, which was not classified to the Code but was

listed in the Supplementary Legislation note under

section 721 of Title 15, Commerce and Trade.

Section 55 of the Act of August 24, 1935, referred to in

subsec. (a), is act Aug. 24, 1935, ch. 641, §55, 49 Stat. 781,

as amended, which was not classified to the Code but

was listed in the Supplementary Legislation note under

section 721 of Title 15.

Section 203 of the Act of July 3, 1958, referred to in

subsec. (b), is section 203 of Pub. L. 85–500, July 3, 1958,

72 Stat. 311, which was not classified to the Code.

Section 5 of the Emergency Relief Appropriation Act

of 1939, referred to in subsec. (c), is act June 30, 1939, ch.

252, §5, 53 Stat. 930, which was not classified to the

Code.

Section 4 of the Emergency Relief Appropriation Act,

fiscal year 1941, referred to in subsec. (c), is act June 26,

1940, ch. 432, §4, 54 Stat. 617, which was not classified to

the Code.

Act of June 21, 1939, referred to in subsec. (c), is act

June 21, 1939, ch. 235, 53 Stat. 851, which was not classified to the Code.

AMENDMENTS

1983—Subsec. (c). Pub. L. 97–434 added subsec. (c).

EFFECTIVE DATE OF 1983 AMENDMENT

Section 1(c) of Pub. L. 97–434 provided that: ‘‘The

amendments made by this Act [amending this section

and section 459a of this title] shall be effective upon enactment of this Act [Jan. 8, 1983].’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 459a, 459c, 459d

of this title.

§ 459a. Designation of tribes

(a) Description of lands

The lands, declared by section 459(a) of this

title to be held in trust by the United States for

the benefit of the Indian tribes named in this

section, are generally described as follows:

Tribe Reservation

Submarginal land project

donated to said tribe or

group

Approximate

acreage

1. Bad River Band of the Lake Superior Tribe of Chippewa

Indians of Wisconsin.

Bad River ................... Bad River LI–WI–8 .............. 13,148.81

2. Blackfeet Tribe .......................................................................... Blackfeet ................... Blackfeet LI–MT–9 .............. 9,036.73

3. Cherokee Nation of Oklahoma ................................................... .................................... Delaware LI–OK–4 ............... 18,749.19

Adair LI–OK–5 ..................... ................

4. Cheyenne River Sioux Tribe ...................................................... Cheyenne River .......... Cheyenne Indian LI–SD–13 .. 3,738.47

5. Crow Creek Sioux Tribe ............................................................. Crow Creek ................ Crow Creek LI–SD–10 .......... 19,169.89

6. Lower Brule Sioux Tribe ............................................................ Lower Brule ............... Lower Brule LI–SD–10 ......... 13,209.22

7. Devils Lake Sioux Tribe ............................................................ Fort Totten ............... Fort Totten LI–ND–11 ......... 1,424.45

8. Fort Belknap Indian Community ............................................... Fort Belknap ............. Fort Belknap LI–MT–8 ........ 25,530.10

9. Assiniboine and Sioux Tribes ..................................................... Fort Peck .................. Fort Peck LI–MT–6 ............. 85,835.52

10. Lac Courte Oreilles Band of Lake Superior Chippewa Indians .. Lac Courte Oreilles .... Lac Courte LI–WI–9 ............ 13,184.65

11. Keweenaw Bay Indian Community ............................................ L’Anse ....................... L’Anse LI–MI–8 ................... 4,016.49

12. Minnesota Chippewa Tribe ......................................................... White Earth ............... Twin Lakes LI–MN–6 .......... 28,544.80

Flat Lake LI–MN–15 ........... ................

13. Navajo Tribe .............................................................................. Navajo ....................... Gallup-Two Wells LI–NM–18 69,947.24

14. Oglala Sioux Tribe ..................................................................... Pine Ridge ................. Pine Ridge LI–SD–7 ............ 18,064.48

15. Rosebud Sioux Tribe .................................................................. Rosebud ..................... Cutmeat LI–SD–8 ................ 28,734.59

Antelope LI–SD–9 ............... ................

16. Shoshone-Bannock Tribes .......................................................... Fort Hall .................... Fort Hall LI–ID–2 ................ 8,711.00

17. Standing Rock Sioux Tribe ........................................................ Standing Rock ........... Standing Rock LI–ND–10 .... 10,255.50

Standing Rock LI–SD–10 .... ................

(b) Publication in Federal Register of boundaries, etc.; estimation of acreages

The Secretary of the Interior shall cause to be

published in the Federal Register the boundaries

and descriptions of the lands conveyed by this

subchapter. The acreages set out in the preceding subsection are estimates and shall not be

construed as expanding or limiting the grant of

the United States as defined in section 459 of

this title.

(Pub. L. 94–114, §2, Oct. 17, 1975, 89 Stat. 578; Pub.

L. 97–434, §1(b), Jan. 8, 1983, 96 Stat. 2280.)

AMENDMENTS

1983—Subsec. (a). Pub. L. 97–434 substituted ‘‘section

459(a) of this title’’ for ‘‘section 459 of this title’’.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 97–434 effective Jan. 8, 1983,

see section 1(c) of Pub. L. 97–434, set out as a note under

section 459 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 459 of this title.
§ 459b TITLE 25—INDIANS Page 184

§ 459b. Submarginal lands of United States held

in trust for Stockbridge Munsee Indian Community

All of the right, title, and interest of the

United States in all the minerals including gas

and oil underlying the submarginal lands declared to be held in trust for the Stockbridge

Munsee Indian Community by the Act of October 9, 1972 (86 Stat. 795), are hereby declared to

be held by the United States in trust for the

Stockbridge Munsee Indian Community.

(Pub. L. 94–114, §3(a), Oct. 17, 1975, 89 Stat. 578.)

REFERENCES IN TEXT

Act of October 9, 1972, referred to in text, is Pub. L.

92–480, Oct. 9, 1972, 86 Stat. 795, which was not classified

to the Code.

CODIFICATION

Section is comprised of section 3(a) of Pub. L. 94–114.

Section 3(b) of Pub. L. 94–114 repealed section 2 of Pub.

L. 92–480, which related to claims offset involving the

Stockbridge Munsee Indian Community and was not

classified to the Code. Section 3(c) of Pub. L. 94–114

amended section 5 of Pub. L. 92–488, which related to

claims offset involving the Burns Indian Colony and

was not classified to the Code.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 459c of this title.

§ 459c. Existing rights of possession, contract, interest, etc.

(a) Preservation; force and effect of mineral

leases; rejection of pending applications for

leases and return of advance rental payments

Nothing in this subchapter shall deprive any

person of any existing valid right of possession,

contract right, interest, or title he may have in

the land involved, or of any existing right of access to public domain lands over and across the

land involved, as determined by the Secretary of

the Interior. All existing mineral leases, including oil and gas leases, which may have been issued or approved pursuant to section 5 of the

Mineral Leasing Act for Acquired Lands of August 7, 1947 (61 Stat. 913, 915) [30 U.S.C. 354], or

the Mineral Leasing Act of 1920 (41 Stat. 437) [30

U.S.C. 181 et seq.], as amended prior to October

17, 1975, shall remain in force and effect in accordance with the provisions thereof. All applications for mineral leases, including oil and gas

leases, pursuant to such Acts, pending on October 17, 1975, and covering any of the minerals

conveyed by sections 459 and 459b of this title

shall be rejected and the advance rental payments returned to the applicants.

(b) Administration of lands

Subject to the provisions of subsection (a) of

this section, the property conveyed by this subchapter shall hereafter be administered in accordance with the laws and regulations applicable to property held in trust by the United

States for Indian tribes, including but not limited to sections 396a to 396g of this title.

(Pub. L. 94–114, §4, Oct. 17, 1975, 89 Stat. 578.)

REFERENCES IN TEXT

The Mineral Leasing Act of 1920, referred to in subsec. (a), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, as

amended, known as the Mineral Leasing Act, which is

classified generally to chapter 3A (§181 et seq.) of Title

30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set

out under section 181 of Title 30 and Tables.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 459d of this title.

§ 459d. Gross receipts from conveyed lands

(a) Deposit to credit of tribe; nonapplicability

Any and all gross receipts derived from, or

which relate to, the property conveyed by this

subchapter, the Act of July 20, 1956 (70 Stat. 581),

the Act of August 2, 1956 (70 Stat. 941), the Act

of October 9, 1972 (86 Stat. 795), and section 1 of

the Act of October 13, 1972 (86 Stat. 806) which

were received by the United States subsequent

to its acquisition by the United States under the

statutes cited in section 459 of this title and

prior to such conveyance, from whatever source

and for whatever purpose, including but not limited to the receipts in the special fund of the

Treasury as required by section 6 of the Mineral

Leasing Act for Acquired Lands of August 7, 1947

(61 Stat. 913, 915) [30 U.S.C. 355], shall as of October 17, 1975, be deposited to the credit of the Indian tribe receiving such land and may be expended by the tribe for such beneficial programs

as the tribal governing body may determine:

Provided, That this section shall not apply to

any such receipts received prior to October 17,

1975, from the leasing of public domain minerals

which were subject to the Mineral Leasing Act

of 1920 (41 Stat. 437) [30 U.S.C. 181 et seq.], as

amended and supplemented.

(b) Administration of gross receipts

All gross receipts (including but not limited to

bonuses, rents, and royalties) hereafter derived

by the United States from any contract, permit

or lease referred to in section 459c(a) of this

title, or otherwise, shall be administered in accordance with the laws and regulations applicable to receipts from property held in trust by

the United States for Indian tribes.

(Pub. L. 94–114, §5, Oct. 17, 1975, 89 Stat. 579.)

REFERENCES IN TEXT

Act of July 20, 1956, referred to in subsec. (a), is act

July 20, 1956, ch. 645, 70 Stat. 581, as amended, which is

set out as a note under section 465 of this title. For

complete classification of this Act to the Code, see

Tables.

Act of August 2, 1956, referred to in subsec. (a), is act

Aug. 2, 1956, ch. 886, 70 Stat. 941, which was not classified to the Code.

Act of October 9, 1972, referred to in subsec. (a), is

Pub. L. 92–480, Oct. 9, 1972, 86 Stat. 795, which was not

classified to the Code.

Section 1 of the Act of October 13, 1972, referred to in

subsec. (a), is section 1 of Pub. L. 92–488, Oct. 13, 1972,

86 Stat. 806, which was not classified to the Code.

For statutes cited in section 459 of this title, referred

to in subsec. (a), see text of such section and References

in Text note set out thereunder.

The Mineral Leasing Act of 1920, referred to in subsec. (a), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, as

amended, known as the Mineral Leasing Act, which is

classified generally to chapter 3A (§181 et seq.) of Title

30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set

out under section 181 of Title 30 and Tables.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 459e of this title.