25 U.S.C. § 463
(b) Papago Indians; permits for easements, etc.
(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 .
The public-land laws of the United States, referred to in subsec. (a), are classified generally to Title 43, Public Lands.
This Act, referred to in subsecs. (a) and (b)(3), is act , 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 Act , repealed par. (1) which restored lands of Papago Indian Reservation to exploration and location.
Subsec. (b)(2). Act , repealed par. (2) which required person desiring a mineral patent to pay $1 per acre in lieu of annual rental.
Subsec. (b)(4). Act , struck out provisions relating to authority to issue or promulgate rules or regulations in conflict with Executive Order of or act of (46 Stat. 1202).
1937—Subsec. (a). Act , designated existing provisions of first par. as subsec. (a).
Subsec. (b)(1). Act , 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 , 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 , added par. (3).
Subsec. (b)(4). Act , 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. , 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, , 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 Act May 27, 1955, ch. 106, § 1, 69 Stat. 67, 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.”