An Act to supplement the act of April 26, 1906 (34 Stat. 137), entitled ""An Act to provide for the final disposition of the affairs of the Five Civilized Tribes in the Indian Territory, and for other purposes,"" and for other purposes
PL 86-192 (H.R.2722), enacted 08/25/1959

420 
PUBLIC LAW 86-192-AUG. 26, 1959 
[73 ST A T , 
Public Law 86-192 
August 25, 1959 
^ 
R. 2722] 
Choctaw Indians. 
25 u s e 355 note. 
Sale of lands. 
AN ACT 
Mineral rights. 
C o n v e y a n c e of 
title. 
To supplement the Act of April 26, 1906 (34 Stat. 137), entitled "An Act to pro-
vide for the final disposition of the affairs of the Five Civilized Tribes in the 
Indian Territory, and for other purposes", and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assemhled^ That in order to 
complete the action for the Choctaw Tribe authorized by the Act of 
April 26,1906 (34 Stat. 137), entitled "An Act to provide for the final 
disposition of the affairs of the Five Civilized Tribes in the Indian 
Territory, and for other purposes", the Secretary of the Interior is 
authorized and directed: 
(a) Except as otherwise provided in subsections (b) and (c) of 
this section, to sell within three years after the date of this Act or as 
soon thereafter as possible, upon such terms and conditions as he 
deems proper, all lands, interests therein, and improvements thereon 
(except a one-half interest in the oil, gas, hydrocarbons, and all other 
minerals or mineral rights in such lands, which one-half interest shall 
be reserved) that now or hereafter belong to the Choctaw Tribe, or 
to the Choctaw and Chickasaw Tribes jointly, and either are held by 
the United States in trust for the tribe or tribes or are subject to a 
restriction against alienation imposed by the United States, and to 
sell upon such terms and conditions as he deems proper a one-half 
interest in all oil, gas, hydrocarbons, and all other minerals or mineral 
rights in any such lands that were acquired by and are owned by the 
United States pursuant to the Oklahoma Indian Welfare Act of June 
26, 1936 (49 Stat. 1967), as amended (25 U.S.C. 501-509), or the 
Indian Reorganization Act of June 18,1934 (48 Stat. 984), as amended 
(25 U.S.C. 461 and the following). The remaining one-half interest 
in such mineral deposits shall be held in trust for the tribe or tribes 
until conveyed as hereinafter provided. The proceeds from all such 
sales, after deduction of the costs of sale, shall be deposited in the 
Treasury of the United States to the credit of the tribe or tribes to 
which the surface rights in the land belonged. As soon as feasible, but 
not later than three years after the date of enactment of this Act, unre-
stricted title to the Choctaw portion of the one-half interest in the 
oil, gas, hydrocarbons, and all other minerals or mineral rights that 
is directed to be reserved and held in trust by this subsection shall be 
conveyed hy the Secretary to a trustee, corporation, or other legal 
entity that is organized under State law and that is designated oy 
the Choctaw Tribe and approved by the Secretary. If no such legal 
entity is designated and approved, unrestricted title to such interest 
shall be conveyed by the Secretary to the owner of the surface rights 
in the land. The Chickasaw portion of such one-half interest shall 
be held in trust until such time as the Secretary determines that it 
should be sold or conveyed for the benefit of the tribe, which sale or 
conveyance is hereby authorized. 
(b) To convey without consideration, upon request of the Choctaw 
Tribe, to a trustee, corporation, or other legal entity that is organized 
under State law and that is designated by the tribe and approved by 
the Secretary, an unrestricted title to any of the lands that are subject 
to sale under subsections (a) and (d) of this section, together with 
all mineral rights therein: Promded^ That if such lands are held for 
the benefit of the Choctaw and Chickasaw Tribes jointly, the Choc-
taw Tribe shall pay to the Chickasaw Tribe prior to such conveyance 
the appraised value of the undivided Chickasaw interest. 
73 S T A T . ] 
PUBLIC LAW 86-192-AUG. 25, 1959 
421 
(c) To convey to the life tenant, his heirs, devisees, successors, or 
assigns unrestricted title to the entire interest in lands and improve-
ments thereon, including mineral deposits, that were acquired pursuant 
to the Oklahoma Indian Welfare Act of June 26,1936 (49 Stat. 1967), 
as amended (25 U.S.C. 501-509), or the Indian Reorganization Act 
of June 18, 1934 (48 Stat. 984), as amended (25 U.S.C. 461 and the 
following), by the United States in trust for a designated individual 
Indian for his lifetime and thereafter in trust for the tribe. 
(d) Except as provided in subsection (b) of this section, to sell 
within three years after the date of enactment of this Act or as soon 
thereafter as possible, upon such terms and conditions as he deems 
proper, or to transfer to a Federal agency or to a public body for public 
use, the lands, interests therein, and improvements thereon which have 
been acquired by the United States for use of the Choctaw Tribe under 
authority of title I I of the National Industrial Recovery Act of 
June 16, 1933 (48 Stat. 200), and subsequent Acts, administrative 
jurisdiction over which has heretofore been transferred by the Presi-
dent from the Secretary of Agriculture to the Secretary of the Interior 
by Executive Order Numbered 7868, dated April 15, 1938. The pro-
ceeds from such sales, after deduction of costs of sale, shall be deposited 
in the Treasury of the United States to the credit of the tribe. 
SEC. 2. Nothing in this Act shall deprive any Indian of any indi-
vidual right, ownership, or contract right he may have in land that 
is sold. 
SEC. 3. Any one or more of the enrolled members of the Choctaw gh^g| ^^ccu ^le'd 
Tribe or their descendants who occupy under a written lease or permit Unds. 
from the Bureau of Indian Affairs a portion of any lands subject 
to sale under the provisions of this Act shall have the right to pur-
chase at such sale the lands which they occupy for a price equal to the 
highest acceptable competitive bid therefor, less the appraised value of 
any improvements which they may have placed thereon and which 
were not a part of the consideration for the lease or permit. 
SEC. 4. The Secretary of the Interior is authorized to execute such pa^enf^/^deeds! 
patents, deeds, assignments, releases, certificates, contracts, and other etc. 
instruments as may be necessary or appropriate to carry out the pro-
visions of this Act, or to establish a marketable title to any property 
disposed of pursuant to this Act. 
SEC. 5. Nothing in this Act shall abrogate any valid lease, permit, 
license, right-of-way, lien, or other contract heretofore approved. 
Whenever such instrument places in or reserves to the Secretary any 
powers, duties, or other functions with respect to the property subject 
hereto, the Secretary may transfer such functions, in whole or in 
l^art, to any Federal agency with the consent of such agency. 
SEC. 6. The Secretary is authorized to set off against any indebted-
ness payable to the tribe or to the United States by an individual 
member of the tribe, or payable to the United States by the tribe, 
any funds payable to such individual or tribe under this Act and to 
deposit the amounts set off to the credit of the tribe or the United 
States as the case may be. 
SEC. 7. The Act of June 18, 1934 (48 Stat. 984), as amended (25 
U.S.C. 461), and the Act of June 26,1936 (49 Stat. 1967), as amended 
(25 U.S.C. 501-509), shall not apply to the Choctaw Tribe and its 
members after the date of enactment of this Act, except that the 
provisions of section 1 of the Act of June 26, 1936, with respect to 
^s use soi. 
taxes on lands that are held by the United States in trust shall continue 
in effect until the trust is terminated, and any trust for the benefit of 
an individual Indian that was created pursuant to such section shall 
be terminated only as otherwise authorized by this Act or by any 
other Federal statute. 
422 
PUBLIC LAW 86-193-AUG. 26, 1959 
[73 ST A T . 
25 u s e 355 note. 
Choctaw funds. 
Per capita dis-
tribution. 
D i s p o s ition of 
unclaimed funds. 
SEC. 8. Xothhig in this Act shall affect any claim heretofore filed 
against the United States by the Choctaw Tribe. 
SEC. 9. Nothing in this Act shall affect the provisions of the Act 
of August 11,1955 (69 Stat. 666). 
SEC. 10. In any per capita distribution of tribal funds that is here-
after made to members of the Choctaw Tribe, or their heirs or legatees, 
no payment shall be made in an amount that is less than $1, and any 
share that is less than $1 shall be credited to the appropriation avail-
able for carrying out the purposes of this Act. 
SEC. 11. No principal chief of the Choctaw Tribe shall be appointed 
pursuant to section 6 of the Act of April 26, 1906 (34 Stat. 137), 
after a legal entity is designated and approved pursuant to subsection 
(a) of the first section of this Act, or after three years from the date 
of enactment of this Act, whichever is sooner. 
SEC. 12. (a) The Secretary of the Interior is directed to exercise 
the discretionary authority granted by the Act of May 24, 1949 (63 
Stat. 76, 84), to distribute per capita all of the funds held by the 
United States for the benefit of the Choctaw Tribe; except the amount 
necessary for the operation of the Choctaw Tribal Government until 
a legal entity is designated and approved pursuant to subsection (a) 
of the first section of this Act or until three years from the date of 
enactment of this Act, whichever is sooner. 
(b) Any per capita sum or other tribal funds or securities accruing 
to any member of the Choctaw Tribe or to his heirs or legatees, under 
this or any other Act, including any such sums that have been credited 
to individual Indian money accounts without application of the Indian 
for his distributive share of the tribal asset involved, that is not 
claimed by such person within seven years after the Secretary has 
first announced the procedure for submitting claims or within two 
years after the date of enactment of this Act, whichever is later, shall 
escheat to the tribe by operation of law and shall be transferred by the 
Secretary immediately upon the expiration of such time to the legal 
entity that is designated and approved pursuant to subsection (a) 
of the first section of this Act. 
If no such legal entity is designated 
and approved within three years from the date of enactment of this 
Act, any sums that would escheat to the tribe under this subsection 
shall escheat to the United States and be deposited in the miscellaneous 
receipts of the Treasury. 
(c) The legal entity organized under State law and designated and 
approved pursuant to subsection (a) of the first section of this Act, 
if any, shall be the successor in interest to the Choctaw Tribe for all 
purposes. 
Approved August 25, 1959. 
August 25, 1959 
[H. R. 2191] 
Public Law 86-193 
AN ACT 
To designate a stream in California as the "Petaluma River". 
Petaluma River, 
Calif. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assemhled^ That the body of 
water in California now designated and referred to as "Petaluma 
Creek" shall hereafter be known and designated as "Petaluma River". 
Any law, regulation, document, or record of the United States in 
which such body of water is designated or referred to by the name of 
"Petaluma Creek" shall be held and considered to refer to such body 
of water as "Petaluma River". 
Approved August 25, 1959.