§ 5103. Restoration of lands to tribal ownership

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1934

   Pub. L. 73–576 § 3 · 48 Stat. 984

   Enacted · 25 U.S.C. § 5103

   June 18, 1934, ch. 576, § 3, 48 Stat. 984

   Source evidence

   Code source credit
   June 18, 1934, ch. 576, § 3, 48 Stat. 984

   Enacted provision · exact public law section
   Sec. 3. The Secretary of the Interior, if he shall find it to be in the public interest, is hereby authorized to restore to tribal ownership the remaining surplus lands of any Indian reservation heretofore opened, or authorized to be opened, to sale, or any other form of disposal by Presidential proclamation, or by any of the public land Provisos. Existing valid rights not affected. laws of the United States: Provided, however, That valid rights or claims of any persons to any lands so withdrawn existing on the date of the withdrawal shall not be affected by this Act: Provided further, Lands in reclamation projects. That this section shall not apply to lands within any reclamation project heretofore authorized in any Indian reservation: Provided further, Order temporarily withdrawing Papago Reservation lands from mineral entry, etc., revoked. That the order of the Department of the Interior signed, dated, and approved by Honorable Ray Lyman Wilbur, as Secretary of the Interior, on October 28, 1932, temporarily withdrawing lands of the Papago Indian Reservation in Arizona from all forms of mineral entry or claim under the public land mining laws, is hereby revoked and rescinded, and the lands of the said Papago Indian Reservation are hereby restored to exploration and location, under the existing mining laws of the United States, in accordance with the express terms and provisions declared and set forth in the Executive orders establishing said Papago Indian Reservation: Resulting damages to be paid tribe; limitation. Provided further, That damages shall be paid to the Papago Tribe for loss of any improvements on any land located for mining in such a sum as may be determined by the Secretary of the Interior Annual rental to be paid. but not to exceed the cost of said improvements: Provided further, That a yearly rental not to exceed five cents per acre shall be paid to the Papago Tribe for loss of the use or occupancy of any land withdrawn by the requirements of mining operations, and payments derived from damages or rentals shall be deposited in the Treasury of the United States to the credit of the Papago Tribe: Provided further, That in the event any person or persons, partnership, corporation, or association, desires a mineral patent, according to the mining laws of the United States, he or they shall first deposit in the Treasury of the United States to the credit of the Papago Tribe the sum of $1.00 per acre in lieu of annual rental, as hereinbefore provided, to compensate for the loss or occupancy of the lands withdrawn by the requirements of mining operations: Provided further, That patentee shall also pay into the Treasury of the United States Patentee to pay, to credit of Indians, damages, for loss of improvements. to the credit, of the Papago Tribe damages for the loss of improvements not heretofore paid in such a sum as may be determined by the Secretary of the Interior, but not to exceed the cost thereof; the payment of $1.00 per acre for surface use to be refunded to Refund, if not acquired. patentee in the event that patent is not acquired. Nothing herein contained shall restrict the granting or use of permits for easements or rights-of-way; or ingress or egress over the Rights of way, etc., not restricted. lands for all proper and lawful purposes; and nothing contained herein, except as expressly provided, shall be construed as authority for the Secretary of the Interior, or any other person, to issue or promulgate a rule or regulation in conflict with the Executive order of February 1, 1917, creating the Papago Indian Reservation in Arizona Vol. 46, p. 1202. or the Act of February 21, 1931 (46 Stat. 1202).

2. 1937

   Public Law not identified

   Amended · 25 U.S.C. § 5103(a)

   Subsec. (a). Act Aug. 28, 1937, designated existing provisions of first par. as subsec. (a)

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (a). Act Aug. 28, 1937, designated existing provisions of first par. as subsec. (a).

3. 1937

   Public Law not identified

   1. Amended · 25 U.S.C. § 5103(b)(1)

      Subsec. (b)(1). Act Aug. 28, 1937, designated existing provisions of first par. as par. (1)

   2. Substituted · 25 U.S.C. § 5103(b)(1)

      Subsec. (b)(1). Act Aug. 28, 1937, 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”

   3. Substituted · 25 U.S.C. § 5103(b)(1)

      Subsec. (b)(1). Act Aug. 28, 1937, substituted “to be the fair and reasonable value of such improvement” for “but not to exceed the cost of said improvements”

   4. Struck · 25 U.S.C. § 5103(b)(1)

      Subsec. (b)(1). Act Aug. 28, 1937, 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,”

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   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,”.

4. 1937

   Public Law not identified

   1. Amended · 25 U.S.C. § 5103(b)(2)

      Subsec. (b)(2). Act Aug. 28, 1937, designated existing provisions of first par. as par. (2)

   2. Inserted · 25 U.S.C. § 5103(b)(2)

      Subsec. (b)(2). Act Aug. 28, 1937, inserted “pay to the superintendent or other officer in charge of the reservation, for” before “deposit”

   3. Substituted · 25 U.S.C. § 5103(b)(2)

      Subsec. (b)(2). Act Aug. 28, 1937, 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” after “determination by the Secretary of the Interior, but not to exceed the cost thereof”

   4. Substituted · 25 U.S.C. § 5103(b)(2)

      Subsec. (b)(2). Act Aug. 28, 1937, 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”

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   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 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”.

5. 1937

   Public Law not identified

   Added · 25 U.S.C. § 5103(b)(3)

   Subsec. (b)(3). Act Aug. 28, 1937, added par. (3)

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (b)(3). Act Aug. 28, 1937, added par. (3).

6. 1937

   Public Law not identified

   Amended · 25 U.S.C. § 5103(b)(4)

   Subsec. (b)(4). Act Aug. 28, 1937, designated second par. as par. (4)

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (b)(4). Act Aug. 28, 1937, designated second par. as par. (4).

7. 1955

   Public Law not identified

   Repealed · 25 U.S.C. § 5103(b)(1)

   Subsec. (b)(1). Act May 27, 1955, repealed par. (1) which restored lands of Papago Indian Reservation to exploration and location

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (b)(1). Act May 27, 1955, repealed par. (1) which restored lands of Papago Indian Reservation to exploration and location.

8. 1955

   Public Law not identified

   Repealed · 25 U.S.C. § 5103(b)(2)

   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

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   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.

9. 1955

   Public Law not identified · 46 Stat. 1202

   Struck · 25 U.S.C. § 5103(b)(4)

   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)

   Source evidence

   Code amendment note
   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).

1 of 15 references resolved to an enrolled provision · 1 partial · 13 unresolved