
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC459]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
              SUBCHAPTER IV--CONVEYANCE OF SUBMARGINAL LAND
 
Sec. 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.

(Pub. L. 94-114, Sec. 1, Oct. 17, 1975, 89 Stat. 577; Pub. L. 97-434, 
Sec. 1(a), Jan. 8, 1983, 96 Stat. 2280.)

                       References in Text

    The National Industrial Recovery Act, referred to in subsecs. (a) 
and (c), is act June 16, 1933, ch. 90, 48 Stat. 195, as amended. Title 
II of the National Industrial Recovery Act was classified principally to 
subchapter I (Sec. 401 et seq.) of chapter 8 of Title 40, Public 
Buildings, Property, and Works, and was terminated June 30, 1943 by act 
June 27, 1942, ch. 450, Sec. 1, 56 Stat. 410. For complete 
classification of this Act to the Code, see Tables.
    Emergency Relief Appropriation Act of April 8, 1935, referred to in 
subsec. (a), is act Apr. 8, 1935, ch. 48, 49 Stat. 115, which was not 
classified to the Code but was listed in the Supplementary Legislation 
note under section 721 of Title 15, Commerce and Trade.
    Section 55 of the Act of August 24, 1935, referred to in subsec. 
(a), is act Aug. 24, 1935, ch. 641, Sec. 55, 49 Stat. 781, as amended, 
which was not classified to the Code but was listed in the Supplementary 
Legislation note under section 721 of Title 15.
    Section 203 of the Act of July 3, 1958, referred to in subsec. (b), 
is section 203 of Pub. L. 85-500, July 3, 1958, 72 Stat. 311, which was 
not classified to the Code.
    Section 5 of the Emergency Relief Appropriation Act of 1939, 
referred to in subsec. (c), is act June 30, 1939, ch. 252, Sec. 5, 53 
Stat. 930, which was not classified to the Code.
    Section 4 of the Emergency Relief Appropriation Act, fiscal year 
1941, referred to in subsec. (c), is act June 26, 1940, ch. 432, Sec. 4, 
54 Stat. 617, which was not classified to the Code.
    Act of June 21, 1939, referred to in subsec. (c), is act June 21, 
1939, ch. 235, 53 Stat. 851, which was not classified to the Code.


                               Amendments

    1983--Subsec. (c). Pub. L. 97-434 added subsec. (c).


                    Effective Date of 1983 Amendment

    Section 1(c) of Pub. L. 97-434 provided that: ``The amendments made 
by this Act [amending this section and section 459a of this title] shall 
be effective upon enactment of this Act [Jan. 8, 1983].''

                  Section Referred to in Other Sections

    This section is referred to in sections 459a, 459c, 459d of this 
title.
