Public Law 396.

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(/us/pl/75/395)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Indian lands in Arizona.[48 Stat. 984](/us/stat/48/984).[25 U. S. C. § 463](/us/usc/t25/s463). That section 3 of the Act of June 18, 1934 (48 Stat. 984–988), be, and it is hereby, amended to read as follows: " “Sec. 3. Restoration of lands to tribal ownership.

(a)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 *Provisos*.Existing rights not affected.public-land laws of the United States: *Provided*, *however*, That valid rights or claims of any persons to any lands so withdrawn existing 863on the date of the withdrawal shall not be affected by this Act: *Provided further*, That this section shall not apply to lands withinLands in reclamation projects. any reclamation project heretofore authorized in any Indian reservation. “(b)

(1)The order of the Department of the Interior signed,Order withdrawing lands from mineral entry, etc., revoked. 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in Arizona from all forms of mineral entry or claim under the public land mining laws, is hereby revoked and rescinded, and the lands of the said Papago Indian Reservation are hereby restored to exploration and location, under the existing mining laws of the United States, in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: *Provided*,*Provisos*.Payment for loss of improvements. That damages shall be paid to the superintendent or other officer in charge of the reservation for the credit of the owner thereof, for loss of any improvements on any land located for mining in such a sum as may lie determined by the Secretary of the Interior to be the fair and reasonable value of such improvements: *Provided further*, That a yearly rental not to exceed 5 cents per acre shall beAnnual rental. paid to the superintendent or other officer in charge of the reservation for deposit in the Treasury of the United States to the credit of the Papago Tribe for loss of the use or occupancy of any land withdrawn by the requirements of mining operations. “(2) In the event any person or persons, partnership, corporation,Mineral patents.Deposit in lieu of rent for loss of use, etc. or association desires a mineral patent, according to the mining laws of the United States, he or they shall first pay to the superintendent or other officer in charge of the reservation, for deposit in the Treasury of the United States to the credit of the Papago Tribe, the sum of $1 per acre in lieu of annual rental, as hereinbefore provided, to compensate for the loss of the use or occupancy of the lands withdrawn by the requirements of mining operations; but the sum thusRefund, if patent not acquired. 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: *Provided*, That an applicant for patent shall*Provisos*.Payment by applicant for damages for loss of improvements. also pay to the superintendent or other officer in charge of the said reservation for the credit of the owner thereof, damages for the loss of improvements not theretofore paid, in such a sum as may be determined by the Secretary of the Interior to be the fair value thereof. “(3) Water reservoirs, charcos, water holes, springs, wells, or anyWater developments, restriction on use. other form of water development by the United States or the Papago Indians 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*Provisos*.Rights of Indians not affected. 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 heretofore or hereafterAppropriation of living water. affected by the Papago Indians is hereby recognized and validated subject to all the laws applicable thereto. “(4) Nothing herein contained shall restrict the granting or useRights-of-way, etc., not restricted. of permits for easements or rights-of-way; or ingress or egress over the 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 or the Act of February 21, 1931 (46 Stat. 1202).[46 Stat. 1202](/us/stat/46/1202).” " Approved, August 28, 1937. To provide for preliminary examinations and surveys for run-off and water-flow retardation and soil-erosion prevention on the watersheds of the Rio Grande and Pecos Rivers. 1937-08-28 867 Chapter United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-11-23 50 Stat. 864 75 1 public 864 [CHAPTER 867] AN ACT To provide for preliminary examinations and surveys for run-off and water-flow retardation and soil-erosion prevention on the watersheds of the Rio Grande and Pecos Rivers. August 28, 1937[[S. 2688](/us/bill/75/s/2688)][[Public, No. 396](/us/pl/75/396)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Rio Grande and Pecos Rivers.Preliminary examinations of watersheds of, for water-flow retardation. That the Secretary of Agriculture is authorized and directed to cause preliminary examinations and surveys for run-off and water-flow retardation and soil-erosion prevention on the watersheds, including all tributaries, of the Rio Grande and Pecos Rivers, above the point of their confluence, in the same manner and to the same extent as is provided [49 Stat. 1592](/us/stat/49/1592).for those localities named in section 6 of the Act entitled “An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes”, approved June Payment of cost.22, 1936; the cost thereof to be paid from appropriations heretofore or hereafter made for the purpose of carrying out the provisions of such section. Approved, August 28, 1937. To authorize the Secretary of the Interior to relinquish in favor of the Blackfeet Tribe of the Blackfeet Indian Reservation, Montana, the interest in certain land acquired by the United States under the Federal Reclamation Laws. 1937-08-28 868 Chapter United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-11-23 50 Stat. 864 75 1 public [CHAPTER 868] AN ACT To authorize the Secretary of the Interior to relinquish in favor of the Blackfeet Tribe of the Blackfeet Indian Reservation, Montana, the interest in certain land acquired by the United States under the Federal Reclamation Laws. August 28, 1937[[S. 2774](/us/bill/75/s/2774)][

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