43 U.S.C. § 315j — Appropriation of moneys received; application of public-land laws to Indian ceded lands; application for mineral title to lands

submitted 92 years ago by ch. 865 to r/title-43-PUBLIC-LANDS · 223 words · no verdicts yet

in plain englishAI-generated · not legal advice

For grazing districts on lands taken from Native American tribes, one-third of grazing fees goes to the state for schools and roads, once Congress approves it. The rest stays credited to the Indians until final disposition. New land applications must serve the public interest, with a 90-day wait before settlement.

When Congress appropriates it, one-third (33⅓ percent) of the grazing fees collected each fiscal year from grazing districts on Indian lands that were ceded to the United States for disposal under public-land laws gets paid, at year's end, by the Treasury Secretary to the state where the land sits. The state legislature decides how to spend it, but only for the benefit of public schools and public roads in the county or counties where that grazing land is located. The remaining two-thirds (66⅔ percent) of those grazing fees is instead deposited to the credit of the Indians, held there until the land's final disposition under whatever laws, treaties, or agreements apply. The public-land laws that already apply to these ceded Indian lands inside a grazing district keep working as before. The one exception: an application for nonmineral title to this land inside a district can only be approved if the Secretary of the Interior thinks the land fits the kind of disposal the application's underlying law allows, and if approving the entry and disposal will not hurt the public interest. Even then, no one may settle on or occupy the land until 90 days after the application is approved.

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

When appropriated by Congress, 33⅓ per centum of all grazing fees received from each grazing district on Indian lands ceded to the United States for disposition under the public-land laws during any fiscal year shall be paid at the end thereof by the Secretary of the Treasury to the State in which said lands are situated, to be expended as the State legislature may prescribe for the benefit of public schools and public roads of the county or counties in which such grazing lands are situated. And the remaining 66⅔ per centum of all grazing fees received from such grazing lands shall be deposited to the credit of the Indians pending final disposition under applicable laws, treaties, or agreements. The applicable public land laws as to said Indian ceded lands within a district created under this subchapter shall continue in operation, except that each and every application for nonmineral title to said lands in a district created under this subchapter shall be allowed only if in the opinion of the Secretary of the Interior the land is of the character suited to disposal through the Act under which application is made and such entry and disposal will not affect adversely the best public interest, but no settlement or occupation of such lands shall be permitted until ninety days after allowance of an application.

Source credit: (June 28, 1934, ch. 865, § 11, 48 Stat. 1273; Aug. 6, 1947, ch. 507, § 3, 61 Stat. 791.)

history & why it existsrecord from the source credit

1934Enacted · Act of June 28, 1934, ch. 865 · 48 Stat. 1273
1947Amended · Act of Aug. 6, 1947, ch. 507 · 61 Stat. 791

A history note hasn’t been published yet. The record shows enactment by ch. 865 on 1934-06-28.

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