25 U.S.C. § 5103 — Restoration of lands to tribal ownership

Page 691 TITLE 25—INDIANS § 5103 Sec. 5116. Standards for Indians appointed to In- dian Office. 5117. Indian preference laws applicable to Bu- reau of Indian Affairs and Indian Health Service positions. 5118. Application generally. 5119. Application to Alaska. 5120. Continuation of allowances. 5121. Claims or suits of Indian tribes against United States; rights unimpaired. 5122. Offsets of gratuities. 5123. Organization of Indian tribes; constitu- tion and bylaws and amendment there- of; special election. 5124. Incorporation of Indian tribes; charter; ratification by election. 5125. Acceptance optional. 5126. Mandatory application of sections 5102 and 5124. 5127. Procedure. 5128. Application of laws and treaties. 5129. Definitions. 5130. Definitions. 5131. Publication of list of recognized tribes. 5132. Indians eligible for loans. 5133. Revolving fund; loans; regulations. 5134. Sale of land by individual Indian owners. 5135. Mortgages and deeds of trust by indi- vidual Indian owners; removal from trust or restricted status; application to Secretary. 5136. Loans to purchasers of highly fractioned land. 5137. Removal of duplicative appraisals. 5138. Title in trust to United States. 5139. Tribal rights and privileges in connec- tion with loans. 5140. Mortgaged property governed by State law. 5141. Interest rates and taxes. 5142. Reduction of unpaid principal. 5143. Authorization of appropriations. 5144. Certification of rental proceeds. § 5101. Allotment of land on Indian reservations On and after June 18, 1934, no land of any In- dian reservation, created or set apart by treaty or agreement with the Indians, Act of Congress, Executive order, purchase, or otherwise, shall be allotted in severalty to any Indian. (June 18, 1934, ch. 576, § 1, 48 Stat. 984.) Editorial Notes CODIFICATION Section was formerly classified to section 461 of this title prior to editorial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–204, § 1(a), Mar. 2, 2004, 118 Stat. 542, pro- vided that: ‘‘This Act [amending section 5123 of this title and former sections 640d–24 and 712e of this title and provisions set out as notes under section 301 of Title 7, Agriculture, section 7420 of Title 10, Armed Forces, and section 431 of Title 16, Conservation] may be cited as the ‘Native American Technical Corrections Act of 2004’.’’ SHORT TITLE OF 1994 AMENDMENT Pub. L. 103–454, title I, § 101, Nov. 2, 1994, 108 Stat. 4791, provided that: ‘‘This title [enacting sections 5130 and 5131 of this title and provisions set out as a note under section 5130 of this title] may be cited as the ‘Federally Recognized Indian Tribe List Act of 1994’.’’ SHORT TITLE Act June 18, 1934, ch. 576, 48 Stat. 984, which enacted this section and sections 5102, 5103, 5107 to 5113, 5115, 5116, 5118, 5120, 5121, 5123 to 5125, and 5129 of this title, is popularly known as the ‘‘Indian Reorganization Act’’. § 5102. Existing periods of trust and restrictions on alienation extended The existing periods of trust placed upon any Indian lands and any restriction on alienation thereof are extended and continued until other- wise directed by Congress. (June 18, 1934, ch. 576, § 2, 48 Stat. 984.) Editorial Notes CODIFICATION Section was formerly classified to section 462 of this title prior to editorial reclassification and renumbering as this section. § 5103. Restoration of lands to tribal ownership (a) Protection of existing rights The Secretary of the Interior, if he shall find it to be in the public interest, is authorized to restore to tribal ownership the remaining sur- plus lands of any Indian reservation heretofore opened, or authorized to be opened, to sale, or any other form of disposal by Presidential proc- lamation, or by any of the public-land laws of the United States: Provided, however, That valid rights or claims of any persons to any lands so withdrawn existing on the date of the with- drawal shall not be affected by this Act: Pro- vided further, That this section shall not apply to lands within any reclamation project here- tofore authorized in any Indian reservation. (b) Papago Indians; permits for easements, etc. (1), (2) Repealed. May 27, 1955, ch. 106, § 1, 69 Stat. 67. (3) Water reservoirs, charcos, water holes, springs, wells, or any other form of water devel- opment by the United States or the Papago Indi- ans shall not be used for mining purposes under the terms of this Act, except under permit from the Secretary of the Interior approved by the Papago Indian Council: Provided, That nothing herein shall be construed as interfering with or affecting the validity of the water rights of the Indians of this reservation: Provided further, That the appropriation of living water here- tofore or hereafter affected, by the Papago Indi- ans is recognized and validated subject to all the laws applicable thereto. (4) Nothing herein contained shall restrict the granting or use of permits for easements or rights-of-way; or ingress or egress over the lands for all proper and lawful purposes. (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.) Editorial Notes REFERENCES IN TEXT ‘‘Heretofore’’, referred to in subsec. (a), means before June 18, 1934. This Act, referred to in subsecs. (a) and (b)(3), is act June 18, 1934, ch. 576, 48 Stat. 984, popularly known as Page 692 TITLE 25—INDIANS § 5104 the Indian Reorganization Act, which is classified gen- erally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5101 of this title and Tables. CODIFICATION Section was formerly classified to section 463 of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 1955—Subsec. (b)(1). Act May 27, 1955, repealed par. (1) which restored lands of Papago Indian Reservation to exploration and location. Subsec. (b)(2). Act May 27, 1955, repealed par. (2) which required person desiring a mineral patent to pay $1 per acre in lieu of annual rental. Subsec. (b)(4). Act May 27, 1955, struck out provisions relating to authority to issue or promulgate rules or regulations in conflict with Executive Order of Feb. 1, 1917 or act of Feb. 21, 1931 (46 Stat. 1202). 1937—Subsec. (a). Act Aug. 28, 1937, designated exist- ing provisions of first par. as subsec. (a). Subsec. (b)(1). Act Aug. 28, 1937, 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 Aug. 28, 1937, designated existing provisions of first par. as par. (2), inserted ‘‘pay to the superintendent or other officer in charge of the reserva- tion, 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 pat- entee 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 Aug. 28, 1937, added par. (3). Subsec. (b)(4). Act Aug. 28, 1937, designated second par. as par. (4). Statutory Notes and Related Subsidiaries PAPAGO INDIAN RESERVATION Act May 27, 1955, ch. 106, § 1, 69 Stat. 67, provided: ‘‘That the provisions with respect to subjection of min- eral lands within the Papago Indian Reservation to ex- ploration, location, and entry under the mining laws of the United States in the Executive order dated Feb- ruary 1, 1917, creating the Papago Indian Reservation, and in the third proviso in section 1 of the Act of Feb- ruary 21, 1931 (46 Stat. 1202), and the provisions of sub- section (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 [now 25 U.S.C. 5101–5129]), as amended by the Act of Au- gust 26 [28], 1937 (50 Stat. 862, 863; 25 U.S.C. 463 [now 25 U.S.C. 5103]) [this section], are hereby repealed, all trib- al lands within the Papago Indian Reservation are hereby withdrawn from all forms of exploration, loca- tion, and entry under such laws, the minerals under- lying such lands are hereby made a part of the reserva- tion 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 val- idly initiated before the date of this Act and thereafter maintained under the mining laws of the United States.’’ Executive Documents 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 Sec- retary of the Interior, with power vested in him to au- thorize their performance or performance of any of his functions by any of those officers, agencies, and em- ployees, by Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. § 5104. Exchanges of land For the purpose of effecting land consolida- tions between Indians and non-Indians within the reservation, the Secretary of the Interior is authorized, under such rules and regulations as he may prescribe, to acquire through purchase, exchange, or relinquishment, any interest in lands, water rights, or surface rights to lands within said reservation. Exchanges of lands hereunder shall be made on the basis of equal value and the value of improvements on lands to be relinquished to the Indians or by Indians to non-Indians shall be given due consideration and allowance made therefor in the valuation of lieu lands. This section shall apply to tribal, trust, or otherwise restricted Indian allotments whether the allottee be living or deceased. (Aug. 10, 1939, ch. 662, § 2, 53 Stat. 1351.) Editorial Notes CODIFICATION Section was formerly classified to section 463e of this title prior to editorial reclassification and renumbering as this section. § 5105. Title to lands Title to lands or any interest therein acquired pursuant to this Act for Indian use shall be taken in the name of the United States of Amer- ica in trust for the tribe or individual Indian for which acquired. (Aug. 10, 1939, ch. 662, § 3, 53 Stat. 1351.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is act Aug. 10, 1939, ch. 662, 53 Stat. 1351, which is classified principally to sec- tions 5104 to 5106 of this title. For complete classifica- tion of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 463f of this title prior to editorial reclassification and renumbering as this section. § 5106. Use of funds appropriated under section 5108 For the purpose of carrying into effect the land-purchase provision of this Act, the Sec-