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48 U.S.C. § 353a to 362 — Transferred
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 353a, act May 31, 1938, ch. 304, 52 Stat. 593, which authorized Secretary of the Interior to reserve tracts in Alaska for school, hospitals, etc. for the Indians, Eskimos, and Aleuts of Alaska, was transferred to [section 497 of Title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section497&num=0&edition=prelim), Indians, and was subsequently repealed by Pub. L. 94–579, § 704(a), Oct. 21, 1976, 90 Stat. 2792.
Section 354, act Mar. 4, 1915, ch. 181, § 2, 38 Stat. 1215, which set aside a site for an agricultural college and school of mines, is set out as note under [section 852 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section852&num=0&edition=prelim), Public Lands.
Section 354a, acts Jan. 21, 1929, ch. 92, §§ 1–7, 45 Stat. 1091–1093; July 12, 1960, Pub. L. 86–620, 74 Stat. 408, which made additional grants for an agricultural college and school of mines and imposed certain conditions and limitations, is set out as a note under [section 852 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section852&num=0&edition=prelim).
Section 355, act Mar. 3, 1891, ch. 561, § 11, 26 Stat. 1099, which permitted lands to be entered for town-site purposes and set out the requirements for the proper execution of the trust created thereby, was transferred to [section 732 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section732&num=0&edition=prelim), and was subsequently repealed by Pub. L. 94–579, § 703(a), Oct. 21, 1976, 90 Stat. 2789.
Section 355a, act May 25, 1926, ch. 379, § 1, 44 Stat. 629, which authorized town-site trustee to issue a deed setting aside lands on survey of town site for Indian or Eski
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Stable record: federal_law:legal_authorities:record_usc_85bbce0b3158d875eb4854b5
Source file: Laws/federal/codes/united-states-code/title-48/section-353a-to-362-48-u-s-c-353a-to-362-transferred--58d701f695.md
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Source location: Title 48, Chapter 2, § 353a to 362; chapter-002-alaska.md
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### Statutory Notes
#### Codification
Section 353a, act May 31, 1938, ch. 304, 52 Stat. 593, which authorized Secretary of the Interior to reserve tracts in Alaska for school, hospitals, etc. for the Indians, Eskimos, and Aleuts of Alaska, was transferred to [section 497 of Title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section497&num=0&edition=prelim), Indians, and was subsequently repealed by Pub. L. 94–579, § 704(a), Oct. 21, 1976, 90 Stat. 2792.
Section 354, act Mar. 4, 1915, ch. 181, § 2, 38 Stat. 1215, which set aside a site for an agricultural college and school of mines, is set out as note under [section 852 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section852&num=0&edition=prelim), Public Lands.
Section 354a, acts Jan. 21, 1929, ch. 92, §§ 1–7, 45 Stat. 1091–1093; July 12, 1960, Pub. L. 86–620, 74 Stat. 408, which made additional grants for an agricultural college and school of mines and imposed certain conditions and limitations, is set out as a note under [section 852 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section852&num=0&edition=prelim).
Section 355, act Mar. 3, 1891, ch. 561, § 11, 26 Stat. 1099, which permitted lands to be entered for town-site purposes and set out the requirements for the proper execution of the trust created thereby, was transferred to [section 732 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section732&num=0&edition=prelim), and was subsequently repealed by Pub. L. 94–579, § 703(a), Oct. 21, 1976, 90 Stat. 2789.
Section 355a, act May 25, 1926, ch. 379, § 1, 44 Stat. 629, which authorized town-site trustee to issue a deed setting aside lands on survey of town site for Indian or Eskimo lands, was transferred to [section 733 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section733&num=0&edition=prelim), and was subsequently repealed by Pub. L. 94–579, § 703(a), Oct. 21, 1976, 90 Stat. 2789.
Section 355b, act May 25, 1926, ch. 379, § 2, 44 Stat. 630, which authorized the extension of streets and alleys across Indian or Eskimo lands, was transferred to section 734, of Title 43, and was subsequently repealed by Pub. L. 94–579, § 703(a), Oct. 21, 1976, 90 Stat. 2789.
Section 355c, act May 25, 1926, ch. 379, § 3, 44 Stat. 630, which authorized the Secretary of the Interior to have nonmineral lands surveyed into lots and blocks, was transferred to [section 735 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section735&num=0&edition=prelim), and was subsequently repealed by Pub. L. 94–579, § 703(a), Oct. 21, 1976, 90 Stat. 2789.
Section 355d, act May 25, 1926, ch. 379, § 4, 44 Stat. 630, which authorized the Secretary to prescribe appropriate regulations for the administration of sections 355a to 355c of this title, was transferred to [section 736 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section736&num=0&edition=prelim), and was subsequently repealed by Pub. L. 94–579, § 703(a), Oct. 21, 1976, 90 Stat. 2789.
Section 355e, act Feb. 26, 1948, ch. 72, 62 Stat. 35, which permitted the holding of town-site lands under unrestricted deeds by Alaska natives under certain conditions, was transferred to [section 737 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section737&num=0&edition=prelim).
Section 356, act June 6, 1900, ch. 786, § 27, 31 Stat. 330, which prohibited the disturbing of the occupancy of lands being occupied by Indians or other persons conducting schools or missions but expressly cautioned against a construction of this section which might serve to place in force in the Territory the general land laws of the United States, was transferred to [section 280a of Title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section280a&num=0&edition=prelim), Indians.
Section 357, acts May 17, 1906, ch. 2469, 34 Stat. 197; Aug. 2, 1956, ch. 891, § 1(a)–(d), 70 Stat. 954, which authorized the making of homestead allotments to native Indians, Aleuts, or Eskimos, was transferred to [section 270–1 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section270–1&num=0&edition=prelim), Public Lands, and was subsequently repealed by Pub. L. 92–203, § 18(a), Dec. 18, 1971, 85 Stat. 710.
Section 357a, act May 17, 1906, ch. 2469, § 2, as added Aug. 2, 1956, ch. 891, § 1(e), 70 Stat. 954, which permitted allotments of land in national forests if the land was certified as chiefly valuable for agricultural or grazing uses, was transferred to [section 270–2 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section270–2&num=0&edition=prelim), and was subsequently repealed by Pub. L. 92–203, § 18(a), Dec. 18, 1971, 85 Stat. 710.
Section 357b, act May 27, 1906, ch. 2469, § 3, as added Aug. 2, 1956, ch. 891, § 1(e), 70 Stat. 954, which prohibited the making of an allotment unless the person made satisfactory proof of substantially continuous use and occupancy of the land for five years, was transferred to [section 270–3 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section270–3&num=0&edition=prelim), and was subsequently repealed by Pub. L. 92–203, § 18(a), Dec. 18, 1971, 85 Stat. 710.
Section 358, act Mar. 3, 1891, ch. 561, § 15, 26 Stat. 1101, which reserved the Annette Islands for the Metlakahtla Indians, was transferred to [section 495 of Title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section495&num=0&edition=prelim), Indians, prior to omission from the Code as being of special and not general application.
Section 358a, act May 1, 1936, ch. 254, § 2, 49 Stat. 1250, which authorized the designation of land for the use of Indians or Eskimos, was transferred to [section 496 of Title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section496&num=0&edition=prelim), and was subsequently repealed by Pub. L. 94–579, § 704(a), Oct. 21, 1976, 90 Stat. 2792.
Section 359, acts May 14, 1898, ch. 299, § 10, 30 Stat. 413; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1144, which set out the requirements of filing, publishing, and posting of proofs needed for proving claims, as well as the form and use of the affidavits, was transferred to [section 270–4 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section270–4&num=0&edition=prelim), Public Lands, and was subsequently repealed by Pub. L. 94–579, title VII, § 703(b), Oct. 21, 1976, 90 Stat. 2789.
Section 360, act July 3, 1926, ch. 745, § 1, 44 Stat. 821, which authorized the leasing of land for the purpose of fur farming, was transferred to [section 687c of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section687c&num=0&edition=prelim).
Section 361, act July 3, 1926, ch. 745, § 2, 44 Stat. 822, which authorized the Secretary of the Interior to perform any and all acts necessary to carry into effect the provisions of section 360, was transferred to [section 687c–1 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section687c–1&num=0&edition=prelim).
Section 362, act May 1, 1936, ch. 254, § 1, 49 Stat. 1250, which called for the application to the Territory of certain statutes dealing with the conservation of Indian lands and allowed the organization of groups of Indians not recognized as bands or tribes, was transferred to [section 473a of Title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section473a&num=0&edition=prelim), Indians, prior to editorial reclassification and renumbering as [section 5119 of Title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5119&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Interior is authorized to perform any and all acts, and to make such rules and regulations as may be necessary and proper, for the purpose of carrying the provisions of [section 687c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section687c&num=0&edition=prelim) into effect, including provisions for the forfeiture of any lease for failure to stock the same with fur-bearing animals within a period of one year from the date of the lease, or in the event of the devotion of the lease area primarily to any purpose other than the rearing of such fur-bearing animals.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, act Mar. 3, 1891, ch. 561, § 15, 26 Stat. 1101, which reserved the Annette Islands for the use of the Metlakahtla Indians, was omitted from the Code as being of special and not general application.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Restrictions** The lands appropriated by [section 851 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section851&num=0&edition=prelim) shall be selected from any unappropriated, surveyed or unsurveyed public lands within the State where such losses or deficiencies occur subject to the following restrictions:
(1) No lands mineral in character may be selected by a State except to the extent that the selection is being made as indemnity for mineral lands lost to the State because of appropriation before title could pass to the State;
(2) No lands on a known geologic structure of a producing oil or gas field may be selected except to the extent that the selection is being made as indemnity for lands on such a structure lost to the State because of appropriation before title could pass to the State; and
(3) Land subject to a mineral lease or permit may be selected if none of the land subject to that lease or permit is in a producing or producible status, subject, however, to the restrictions and conditions of the preceding and following paragraphs of this subsection.
(4) If a selection is consummated as to a portion but not all of the lands subject to any mineral lease or permit, then, as to such portion and for so long only as such lease or permit or any lease issued pursuant to such permit shall remain in effect, there shall be automatically reserved to the United States the mineral or minerals for which the lease or permit was issued, together with such further rights as may be necessary for the full and complete enjoyment of all rights, privileges and benefits under or with respect to the lease or permit: Provided, however, That after approval of the selection the Secretary of the Interior shall determine what portion of any
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 473a was editorially reclassified as [section 5119 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5119&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Interior, in order to encourage and promote development of production of furs in the Territory of Alaska, is authorized to lease to corporations organized under the laws of the United States, or of any state or Territory thereof, citizens of the United States, or associations of such citizens, public lands of the United States in the Territory of Alaska suitable for fur farming, in areas not exceeding six hundred and forty acres, and for periods not exceeding ten years, upon such terms and conditions as he may by general regulations prescribe: Provided, That where leases are given hereunder for islands or lands within the same, such lease may, in the discretion of the Secretary of the Interior, be for an area not to exceed thirty square miles: Provided further, That nothing herein contained shall prevent the prospecting, locating, development, entering, leasing, or patenting of the mineral resources of any lands so leased under laws applicable thereto: And provided further, That this section shall not be held nor construed to apply to the Pribilof Islands, declared a special reservation by section 646 11 See References in Text note below. of title 16: And provided further, That any permit or lease issued under this section shall reserve to the Secretary of the Interior the right to permit the use and occupation of parts of said leased areas for the taking, preparing, manufacturing, or storing of fish or fish products, or the utilization of the lands for purposes of trade or business, to the extent and in the manner provided by existing laws or laws which may be enacted after July 3, 1926.
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Federal law — U.S. Code and appendices · legal_authorities
Sections 5101, 5108, 5110, 5111, 5121, 5124, and 5129 of this title shall after May 1, 1936, apply to the Territory of Alaska: Provided, That groups of Indians in Alaska not recognized prior to May 1, 1936, as bands or tribes, but having a common bond of occupation, or association, or residence within a well-defined neighborhood, community, or rural district, may organize to adopt constitutions and bylaws and to receive charters of incorporation and Federal loans under sections 5113, 5123, and 5124 of this title.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, acts May 14, 1898, ch. 299, § 10, 30 Stat. 413; Oct. 28, 1921, ch. 114 § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to affidavits, and filing, publishing, and posting proof of claims.
#### Effective Date of Repeal
Pub. L. 94–579, title VII, § 703(a), Oct. 21, 1976, 90 Stat. 2789, provided that the repeal made by section 703(a) is effective on and after tenth anniversary of date of approval of this Act, 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
The trustee or trustees to whom a patent has been issued for a townsite surveyed pursuant to section 732 or 735 11 See References in Text note below. of this title, upon a finding by the Secretary of the Interior or his authorized representative that any Alaska native who claims and occupies a tract of land within such townsite is competent to manage his own affairs and has petitioned the Secretary or his authorized representative for an unrestricted deed, or 22 So in original. shall issue to such native an unrestricted deed, and thereafter all restrictions as to sale, encumbrance, or taxation of said lands shall be removed, but said land shall not be liable to the satisfaction of any debt, except obligations owed the Federal Government, contracted prior to the issuing of such deed.
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Federal law — U.S. Code and appendices · legal_authorities
The Indians or persons conducting schools or missions in the Territory of Alaska shall not be disturbed in the possession of any lands actually in their use or occupation on June 6, 1900, and the land, at any station not exceeding six hundred and forty acres, occupied on said date as missionary stations among the Indian tribes in the section, with the improvements thereon erected by or for such societies, shall be continued in the occupancy of the several religious societies to which the missionary stations respectively belong, and the Secretary of the Interior is directed to have such lands surveyed in compact form as nearly as practicable and patents issued for the same to the several societies to which they belong; but nothing contained in this Act shall be construed to put in force in the Territory the general land laws of the United States.
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