16 U.S.C. § 441n — Lands outside gunnery range; exchange of lands; reservation of mineral rights; grazing and mineral development rights of Indians; execution of instruments; trust title

submitted 58 years ago by Pub. L. 90-468 to r/title-16-CONSERVATION · 455 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the U.S. trade remaining gunnery-range land to the Oglala Sioux Tribe. In exchange for tribal land the park needs, the tribe gets other federal gunnery-range land. Both sides keep mineral rights, and the tribe keeps grazing and mineral-development rights on park land.

(a) Exchange of lands; mineral and grazing rights. This subsection sets up a land trade with the Oglala Sioux Tribe. On one side, the United States can convey to the tribe: title to federal gunnery-range land outside the park that transferred to the Secretary of the Interior's jurisdiction (under section 441l(a), including land declared excess later) and that wasn't already selected under section 441l(b) or 441m; plus title to gunnery-range land inside the park itself — subject to any life estate granted under section 441m(c), and subject to whatever use restrictions apply to the park (which can include rules protecting the black-footed ferret). In exchange, the United States gets: (i) the right to use all tribally owned land inside the park for park purposes — including managing fish, wildlife, and other resources, and building visitor and administrative facilities; and (ii) title to 3,115.63 acres of Oglala Sioux tribal land located in the part of the gunnery range that the Air Force still needs (land involved in a specific federal lawsuit, civil action No. 859 W.D., in the U.S. District Court for South Dakota) — but only if the Oglala Sioux Tribal Council approves this part of the exchange. Land the tribe gives up under (ii) becomes part of the gunnery range the Air Force keeps. Both the United States and the tribe keep all mineral rights in whatever land they convey to each other under this exchange. And importantly: even though the United States gets the right to use formerly tribal land for park purposes, that doesn't take away the tribe's right to keep grazing livestock and developing minerals — including oil and gas — on that same land. (b) Execution of instruments. The Oglala Sioux Tribal Council can authorize the paperwork needed to complete the exchange on the tribe's behalf, and the Secretary can sign the paperwork for the United States. (c) Trust title. Once the exchange is complete, the tribe's newly acquired land is held in trust, under the same restrictions and rules that apply to the tribe's other trust land.

the actual law source: uscode.house.gov ↗public domain

(a) Exchange of lands; mineral and grazing rights

Title to all Federal lands and interests in lands within the boundaries of the Badlands Air Force gunnery range that are outside the boundaries of the park, and that are transferred to the administrative jurisdiction of the Secretary of the Interior as provided in section 441l(a) of this title, including lands hereafter declared to be excess, and that are not selected under sections 441l(b) or 441m of this title, and title to all lands within the boundaries of the park that were acquired by the United States for the Badlands Air Force gunnery range, subject to any life estate conveyed pursuant to section 441m(c) of this title and subject to restrictions on use that may be prescribed in regulations applicable to the park, which regulations may include provisions for the protection of the black-footed ferret, may be conveyed to the Oglala Sioux Tribe in exchange (i) for the right of the United States to use all tribal land within the park for park purposes, including the right to manage fish and wildlife and other resources and to construct visitor use and administrative facilities thereon, and (ii) for title to three thousand one hundred fifteen and sixty-three one-hundredths acres of land owned by the Oglala Sioux Tribe and located in the area of the Badlands Air Force gunnery range which is not excess to the needs of the Department of the Air Force and which is encompassed in civil action numbered 859 W.D. in the United States District Court for the District of South Dakota, if such exchange is approved by the Oglala Sioux Tribal Council. The lands acquired under paragraph (ii) shall become a part of the Badlands Air Force gunnery range retained by the Department of the Air Force. The United States and the Oglala Sioux Tribe shall reserve all mineral rights in the lands so conveyed. The right of the United States to use for park purposes lands that were tribally owned prior to August 8, 1968, shall not impair the right of the Oglala Sioux Tribe to use such lands for grazing purposes and mineral development, including development for oil and gas.

(b) Execution of instruments

The Oglala Sioux Tribal Council may authorize the execution of the necessary instruments to effect the exchange on behalf of the tribe, and the Secretary may execute the necessary instruments on behalf of the United States.

After the exchange is effected the title of the Oglala Sioux Tribe to the property acquired by the exchange shall be held in trust subject to the same restrictions and authorities that apply to other lands of the tribe that are held in trust.

Source credit: (Pub. L. 90–468, § 5, Aug. 8, 1968, 82 Stat. 665; Pub. L. 95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.)

history & why it existsrecord from the source credit

1968Enacted · Pub. L. 90-468 · 82 Stat. 665
1978Amended · Pub. L. 95-625 · 92 Stat. 3521

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-468 on 1968-08-08.

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