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U.S. Code as of:
01/19/04
Section 459. Submarginal lands of United States held in trust for specified Indian tribes
(a) Declaration; addition to reservations
Except as hereinafter provided, all of the right, title, and
interest of the United States of America in all of the land, and
the improvements now thereon, that was acquired under title II of
the National Industrial Recovery Act of June 16, 1933 (48 Stat.
200), the Emergency Relief Appropriation Act of April 8, 1935 (49
Stat. 115), and section 55 of the Act of August 24, 1935 (49 Stat.
750, 781), and that are now administered by the Secretary of the
Interior for the use or benefit of the Indian tribes identified in
section 459a(a) of this title, together with all minerals
underlying any such land whether acquired pursuant to such Acts or
otherwise owned by the United States, are hereby declared to be
held by the United States in trust for each of said tribes, and
(except in the case of the Cherokee Nation) shall be a part of the
reservations heretofore established for each of said tribes.
(b) Imposition of conditions on conveyed lands; lands excepted from
conveying authority
The property conveyed by this subchapter shall be subject to the
appropriation or disposition of any of the lands, or interests
therein, within the Pine Ridge Indian Reservation, South Dakota, as
authorized by sections 441j to 441o of title 16, and subject to a
reservation in the United States of a right to prohibit or restrict
improvements or structures on, and to continuously or
intermittently inundate or otherwise use, lands in sections 25 and
26, township 48 north, range 3 west, at Odanah, Wisconsin, in
connection with the Bad River flood control project as authorized
by section 203 of the Act of July 3, 1958 (72 Stat. 297, 311):
Provided, That this subchapter shall not convey the title to any
part of the lands or any interest therein that prior to October 17,
1975, have been included in the authorized water resources
development projects in the Missouri River Basin as authorized by
section 203 of the Act of July 3, 1958 (72 Stat. 297, 311), as
amended and supplemented: Provided further, That such lands
included in Missouri River Basin projects shall be treated as
former trust lands are treated.
(c) Additional lands held in trust for specified Indian tribes
The right, title, and interest of the United States of America in
all of the lands, including the improvements now thereon (title to
which is in the United States), acquired under title II of the
National Industrial Recovery Act of June 16, 1933 (48 Stat. 200),
and any subsequent Emergency Relief Appropriation Acts, including
but not limited to section 5 of the Emergency Relief Appropriation
Act of 1939 (53 Stat. 927, 930) and section 4 of the Emergency
Relief Appropriation Act, fiscal year 1941 (54 Stat. 611, 617),
together with all minerals underlying any such land whether
acquired pursuant to such Acts or otherwise owned by the United
States, and which lands are now administered by the Secretary of
the Interior for the use or benefit of (1) Ramah Navajo Indians,
are hereby declared to be held in trust for the Ramah Band of the
Navajo Tribe, and (2) Choctaw Indians of Mississippi, except lands
subject to the Act of June 21, 1939 (53 Stat. 851), are hereby
declared to be held in trust for the Mississippi Band of Choctaw
Indians; excepting valid rights-of-way of record.
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