§5504 — Title 25 Indians | U.S. Code

Summary

Protects people's existing property rights and access. It does not take away any valid right to possess land, any contract right, interest, or title a person already has in the land, or any existing right to cross that land to reach public domain lands, as the Secretary of the Interior decides. Mineral leases, including oil and gas leases, that were issued or approved under the Mineral Leasing Act for Acquired Lands (August 7, 1947) or the Mineral Leasing Act of 1920, and that were amended before October 17, 1975, stay valid under their original terms. Any mineral lease applications pending on October 17, 1975 that cover minerals given by sections 5501 and 5503 must be rejected and the advance rental payments returned. Subject to those protections, the land transferred by this chapter must be managed under the laws and rules used for property the United States holds in trust for Indian tribes, including sections 396a to 396g.

Title 25, §5504

Indians — Source: USLM XML via OLRC

(a)Nothing in this chapter shall deprive any person of any existing valid right of possession, contract right, interest, or title he may have in the land involved, or of any existing right of access to public domain lands over and across the land involved, as determined by the Secretary of the Interior. All existing mineral leases, including oil and gas leases, which may have been issued or approved pursuant to section 5 of the Mineral Leasing Act for Acquired Lands of August 7, 1947 (61 Stat. 913, 915) [30 U.S.C. 354], or the Mineral Leasing Act of 1920 (41 Stat. 437) [30 U.S.C. 181 et seq.], as amended prior to October 17, 1975, shall remain in force and effect in accordance with the provisions thereof. All applications for mineral leases, including oil and gas leases, pursuant to such Acts, pending on October 17, 1975, and covering any of the minerals conveyed by section 5501 and 5503 of this title shall be rejected and the advance rental payments returned to the applicants.

(b)Subject to the provisions of subsection (a) of this section, the property conveyed by this chapter shall hereafter be administered in accordance with the laws and regulations applicable to property held in trust by the United States for Indian tribes, including but not limited to sections 396a to 396g of this title.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Mineral Leasing Act of 1920, referred to in subsec. (a), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, known as the Mineral Leasing Act, which is classified generally to chapter 3A (§ 181 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see

Short Title

note set out under section 181 of Title 30 and Tables. Codification Section was formerly classified to section 459c of this title prior to editorial reclassification and renumbering as this section.

§5504 Existing Rights of Possession, Contract, Interest, Etc.