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43 U.S.C. § 148 — Repealed. Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, acts June 25, 1910, ch. 431, § 13, 36 Stat. 858; June 29, 1960, Pub. L. 86–533, § 1(13), 74 Stat. 248, authorized withdrawal of lands in Indian reservations for power or reservation sites.
#### Effective Date of Repeal
Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792, provided that the repeal made by section 704(a) is effective on and after Oct. 21, 1976.
#### Savings Provision
Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under [section 1701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1701&num=0&edition=prelim).
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Source file: Laws/federal/codes/united-states-code/title-43/section-148-repealed-pub-l-94579-title-vii-704-a-oct-21-1976-90-stat-2792--d87215f6bf.md
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Source location: Title 43, Chapter 6, § 148; chapter-006-withdrawal-from-settlement-location-sale-or-entry.md
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### Statutory Notes
Section, acts June 25, 1910, ch. 431, § 13, 36 Stat. 858; June 29, 1960, Pub. L. 86–533, § 1(13), 74 Stat. 248, authorized withdrawal of lands in Indian reservations for power or reservation sites.
#### Effective Date of Repeal
Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792, provided that the repeal made by section 704(a) is effective on and after Oct. 21, 1976.
#### Savings Provision
Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under [section 1701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1701&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress declares that it is the policy of the United States that—
(1) the public lands be retained in Federal ownership, unless as a result of the land use planning procedure provided for in this Act, it is determined that disposal of a particular parcel will serve the national interest;
(2) the national interest will be best realized if the public lands and their resources are periodically and systematically inventoried and their present and future use is projected through a land use planning process coordinated with other Federal and State planning efforts;
(3) public lands not previously designated for any specific use and all existing classifications of public lands that were effected by executive action or statute before October 21, 1976, be reviewed in accordance with the provisions of this Act;
(4) the Congress exercise its constitutional authority to withdraw or otherwise designate or dedicate Federal lands for specified purposes and that Congress delineate the extent to which the Executive may withdraw lands without legislative action;
(5) in administering public land statutes and exercising discretionary authority granted by them, the Secretary be required to establish comprehensive rules and regulations after considering the views of the general public; and to structure adjudication procedures to assure adequate third party participation, objective administrative review of initial decisions, and expeditious decisionmaking;
(6) judicial review of public land adjudication decisions be provided by law;
(7) goals and objectives be established by law as guidelines for public land use planning, and that management be on the basis of multiple use and sustained yield unless otherwise specified by law;
(8) the public lands be managed in a manner t
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Federal law — U.S. Code and appendices · legal_authorities
The provisions of this Act shall not apply to the Osage Indians, nor to the Five Civilized Tribes, in Oklahoma. Where deeds to tribal lands in the Five Civilized Tribes have been or may be issued, in pursuance of any tribal agreement or Act of Congress, to a person who had died, or who dies before the approval of such deed, the title to the land designated therein shall inure to and become vested in the heirs, devisees, or assigns of such deceased grantee as if the deed had issued to the deceased grantee during life.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 353
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Federal law — U.S. Code and appendices · legal_authorities
When any Indian to whom an allotment of land has been made, or may hereafter be made, dies before the expiration of the trust period and before the issuance of a fee simple patent, without having made a will disposing of said allotment as hereinafter provided, the Secretary of the Interior, upon notice and hearing, under the Indian Land Consolidation Act [[25 U.S.C. 2201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2201&num=0&edition=prelim) et seq.] or a tribal probate code approved under such Act and pursuant to such rules as he may prescribe, shall ascertain the legal heirs of such decedent, and his decisions shall be subject to judicial review to the same extent as determinations rendered under [section 373 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section373&num=0&edition=prelim). If the Secretary of the Interior decides the heir or heirs of such decedent competent to manage their own affairs, he shall issue to such heir or heirs a patent in fee for the allotment of such decedent; if he shall decide one or more of the heirs to be incompetent, he may, in his discretion, cause such lands to be sold: Provided, That if the Secretary of the Interior shall find that the lands of the decedent are capable of partition to the advantage of the heirs, he may cause the shares of such as are competent, upon their petition, to be set aside and patents in fee to be issued to them therefor. All sales of lands allotted to Indians authorized by this or any other Act shall be made under such rules and regulations and upon such terms as the Secretary of the Interior may prescribe, and he shall require a deposit of 10 per centum of the purchase price at the time of the sale. Should the purchaser fail to comply wi
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Deductions for administrative expenses; standards guiding sales** The timber on any Indian land held under a trust or other patent containing restrictions on alienations may be sold by the owner or owners with the consent of the Secretary of the Interior, and the proceeds from such sales, after deductions for administrative expenses to the extent permissible under [section 413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section413&num=0&edition=prelim), shall be paid to the owner or owners or disposed of for their benefit under regulations to be prescribed by the Secretary of the Interior. It is the intention of Congress that a deduction for administrative expenses may be made in any case unless the deduction would violate a treaty obligation or amount to a taking of private property for public use without just compensation in violation of the fifth amendment to the Constitution. Sales of timber under this subsection shall be based upon a consideration of the needs and best interests of the Indian owner and his heirs. The Secretary shall take into consideration, among other things, (1) the state of growth of the timber and the need for maintaining the productive capacity of the land for the benefit of the owner and his heirs, (2) the highest and best use of the land, including the advisability and practicality of devoting it to other uses for the benefit of the owner and his heirs, and (3) the present and future financial needs of the owner and his heirs.
**(b) Undivided interests** Upon the request of the owners of a majority Indian interest in land in which any undivided interest is held under a trust or other patent containing restrictions on alienations, the Secretary of the Interior is authorized to sell all undivided
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 406
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Revocation of authority** No Native covered by the provisions of this chapter, and no descendant of his, may hereafter avail himself of an allotment under the provisions of the Act of February 8, 1887 (24 Stat. 389), as amended and supplemented, or the Act of June 25, 1910 (36 Stat. 363). Further, the Act of May 17, 1906 (34 Stat. 197), as amended, is repealed. Notwithstanding the foregoing provisions of this section, any application for an allotment that is pending before the Department of the Interior on December 18, 1971, may, at the option of the Native applicant, be approved and a patent issued in accordance with said 1887, 1910, or 1906 Act, as the case may be, in which event the Native shall not be eligible for a patent under [section 1613(h)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1613/h/5&num=0&edition=prelim).
**(b) Charging allotment against statutory grant** Any allotments approved pursuant to this section during the four years following December 18, 1971, shall be charged against the two million acre grant provided for in [section 1613(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1613/h&num=0&edition=prelim).
**(c) Relocation of allotment**
(1)
(A) Notwithstanding any other provision of law, an allotment applicant, who had a valid application pending before the Department of the Interior on December 18, 1971, and whose application remains pending as of October 14, 1992, may amend the land description in the application of the applicant (with the advice and approval of the responsible officer of the Bureau of Indian Affairs) to describe land other than the land that the applicant originally intended to claim if—
(i) the application pending
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Federal law — U.S. Code and appendices · legal_authorities
Page 39
TITLE 43—PUBLIC LANDS
§ 149
1 See References in Text note below.
phosphates’’ in the first clause of this section, and
‘‘June 25, 1910’’ for ‘‘the passage of this Act’’ in the sec-
ond proviso of this section.
In the last proviso of this section, ‘‘national forest’’
substituted for ‘‘forest reserve’’, in view of act Mar. 4,
1907, ch. 2907, 34 Stat. 1269, providing that forest re-
serves should be known as national forests.
The provisions of the last proviso of this section were
also classified to section 471 of Title 16, Conservation.
AMENDMENTS
1976—Pub. L. 94–579 struck out provisions that all
lands withdrawn under the act of June 25, 1910, be open
to exploration, occupation, and purchase under the
mineral laws of the United States in respect to min-
erals other than coal, oil, gas, and phosphates and that
no national forest be created or additions thereto made
to those created before Aug. 24, 1912, in Oregon, Wash-
ington, Idaho, Montana, Colorado, or Wyoming, except
by Act of Congress.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1976 AMENDMENT
Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat.
2792, provided that the amendment made by section
704(a) is effective on and after Oct. 21, 1976.
SAVINGS PROVISION
Amendment by Pub. L. 94–579 not to be construed as
terminating any valid lease, permit, patent, etc., exist-
ing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set
out as a note under section 1701 of this title.
§ 143. Repealed. Pub. L. 86–533, § 1(14), June 29,
1960, 74 Stat. 248
Section, act June 25, 1910, ch. 421, § 3, 36 Stat. 848, re-
quired Secretary of the Interior to report withdrawals
to Congress.
§ 144. Entries on land withdrawn as valuable for
oil or gas validated
Entries existing on F
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 148
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