5 U. S. C. 485; 16 U. S. C. 460d, 825a; 30 U. S. C. 35, 36, 38, 43, 46, 47, 51, 52; 33 U. S. C. 701a1. 701c, 701f, 701 and notes, 708, 709; 43 U. S. C. 321-323, 325, 327-329, 372-498 passim, 661, 766. Resources seaward of Continental Shelf. 133 18 FR 405. resources therein, or improvements thereon, title to which has been lawfully and expressly acquired by the United States from any State or from any person in whom title had vested under the law of the State or of the United States, and all lands which the United States lawfully holds under the law of the State; all lands expressly retained by or ceded to the United States when the State entered the Union (otherwise than by a general retention or cession of lands underlying the marginal sea); all lands acquired by the United States by eminent domain proceedings, purchase, cession, gift, or otherwise in a proprietary capacity; all lands filled in, built up, or otherwise relcaimed by the United States for its own use; and any rights the United States has in lands presently and actually occupied by the United States under claim of right; (b) such lands beneath navigable waters held, or any interest in which is held by the United States for the benefit of any tribe, band, or group of Indians or for individual Indians; and (c) all structures and improvements constructed by the United States in the exercise of its navigational servitude. SEC. 6. POWERS RETAINED BY THE UNITED STATES. (a) The United States retains all its navigational servitude and rights in and powers of regulation and control of said lands and navigable waters for the constitutional purposes of commerce, navigation, national defense, and international affairs, all of which shall be paramount to, but shall not be deemed to include, proprietary rights of ownership, or the rights of management, administration, leasing, use, and development of the lands and natural resources which are specifically recognized, confirmed, established, and vested in and assigned to the respective States and others by section 3 of this Act, (b) In time of war or when necessary for national defense, and the Congress or the President shall so prescribe, the United States shall have the right of first refusal to purchase at the prevailing market price, all or any portion of the said natural resources, or to acquire and use any portion of said lands by proceeding in accordance with due process of law and paying just compensation therefor. SEC. 7. Nothing in this Act shall be deemed to amend, modify, or repeal the Acts of July 26, 1866 (14 Stat. 251), July 9, 1870 (16 Stat. 217), March 3, 1877 (19 Stat. 377), June 17, 1902 (32 Stat. 388), and December 22, 1944 (58 Stat. 887), and Acts amendatory thereof or supplementary thereto. SEC. 8. Nothing contained in this Act shall affect such rights, if any, as may have been acquired under any law of the United States by any person in lands subject to this Act and such rights, if any, shall be governed by the law in effect at the time they may have been acquired: Provided, however, That nothing contained in this Act is intended or shall be construed as a finding, interpretation, or construction by the Congress that the law under which such rights may be claimed in fact or in law applies to the lands subject to this Act, or authorizes or compels the granting of such rights in such lands, and that the determination of the applicability or effect of such law shall be unaffected by anything contained in this Act. SEC. 9. Nothing in this Act shall be deemed to affect in any wise the rights of the United States to the natural resources of that portion of the subsoil and seabed of the Continental Shelf lying seaward and outside of the area of lands beneath navigable waters, as defined in section 2 hereof, all of which natural resources appertain to the United States, and the jurisdiction and control of which by the United States is hereby confirmed. SEC. 10. Executive Order Numbered 10426, dated January 16, 1953, entitled "Setting Aside Submerged Lands of the Continental Shelf as a Naval Petroleum Reserve", is hereby revoked insofar as it applies to any lands beneath navigable waters as defined in section 2 hereof. SEC. 11. SEPARABILITY.-If any provision of this Act, or any section, subsection, sentence, clause, phrase or individual word, or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the Act and of the application of any such provision, section, subsection, sentence, clause, phrase or individual word to other persons and circumstances shall not be affected thereby; without limiting the generality of the foregoing, if subsection 3 (a) 1, 3 (a) 2, 3 (b) 1, 3 (b) 2, 3 (b) 3, or 3 (c) or any provision of any of those subsections is held invalid, such subsection or provision shall be held separable and the remaining subsections and provisions shall not be affected thereby. Approved, May 22, 1953. PUBLIC LAW 44 AN ACT CHAPTER 86 To authorize payment of salaries and expenses of officials of the Klamath Tribe. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior, or such official as may be designated by him, is hereby authorized, until otherwise directed by Congress, to advance to the tribe or to pay out of any unobligated tribal funds of the Klamath Indians in the Treasury of the United States salaries and expenses of tribal officials or representatives (except the Klamath Loan Fund Board) at rates and/or limitations designated in advance by the Klamath General Council, or any governing body to which it may delegate such authority, and approved by the Secretary of the Interior: Provided, That the length of stay of representatives serving the tribe at the seat of government shall be determined by the Secretary of the Interior. SEC. 2. The Act of June 25, 1938 (ch. 710, 52 Stat. 1207), as amende August 7, 1939 (ch. 519, 53 Stat. 1244), as amended May 15, 1945 (ch. 123, 59 Stat. 167), is hereby repealed. Approved, May 29, 1953. May 29, 1953 [H. R. 3406] 67 Stat. 40 Klamath Indians. 25 U. S. C. 563. PUBLIC LAW 47 AN ACT CHAPTER 98 To authorize the Secretary of the Interior, or his authorized representative, to convey certain school properties to local school districts or public agencies. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior, or his authorized representative, is hereby authorized to convey to State or local governmental agencies or to local school authorities all the right, title, and interest of the United States in any land and improvements thereon and personal property used in connection therewith heretofore or hereafter used for Federal Indian school purposes and no longer needed for such purposes: Provided, That the consent of the beneficial owner shall be obtained before the conveyance of title to land held by the United States in trust for an individual Indian or Indian tribe: Provided further, That no more than twenty acres of land shall be transferred under the terms of this Act in connection with any single school property conveyed to State or local governmental agencies or to local school authorities. Any conveyance under this Act shall reserve all mineral deposits in the land and the right to prospect for and remove such deposits under rules and regulations prescribed by the Secretary of the Interior, shall require the property to be used for school or other public purposes, and shall require the property to be available to Indians and non-Indians on the same terms unless otherwise approved by the Secretary of the Interior. If at any time the Secretary of the Interior determines that the grantee of any such lands, improvements, and personal property June 4, 1953 [H. R. 1243] 67 Stat. 42 Blackfeet Reservation, Mont. Repeal. has failed to observe the provisions of the transfer agreement and that the failure has continued for at least one year, he may declare a forfeiture of the conveyance and the title conveyed shall thereupon revert to the United States. Such determination by the Secretary of the Interior shall be final. Approved, June 4, 1953. PUBLIC LAW 48 AN ACT To amend the Act of June 30, 1919 (41 Stat. 16). CHAPTER 99 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following proviso of section 10 of the Act of June 30, 1919 (41 Stat. 16), “Provided, That of the lands so allotted eighty acres of each allotment shall be designated as a homestead by the allottee and shall be evidenced by a trust patent and shall remain inalienable and non-taxable until Congress shall otherwise direct", be amended to read as follows: "Provided, That of the lands so allotted eighty acres of each allotment shall be designated as a homestead allotment by the allottee, and shall be evidenced by a trust patent, which shall be subject to sale, partition, issuance of patent in fee, or other disposition in accordance with the laws relating to the other allotments on the Blackfeet Reservation and shall be nontaxable as long as held in a trust or restricted status". SEC. 2. The Act of June 2, 1924 (43 Stat. 252, ch. 231) is repealed. June 4, 1953 [H. R. 1244] 67 Stat. 42 Crow Reservation. 41 Stat. 756. PUBLIC LAW 49 AN ACT CHAPTER 100 To amend section 13 of the Act entitled "An Act to provide for the allotment of lands of the Crow Tribe, for the distribution of tribal funds and other purposes". Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding any provision contained in section 13 of the Act of June 4, 1920 (41 Stat. 751), all homestead, irrigable, or agricultural land on the Crow Reservation may be sold, or patents in fee may be issued therefor, upon application in writing by the Indian owners, subject to the approval of the Secretary of the Interior or his authorized representative, but nothing in this Act shall be construed to abridge the power of the Secretary of the Interior to sell land under any existing law. Approved, June 4, 1953. PUBLIC LAW 132 CHAPTER 223 July 17, 1953 [H. R. 444] 67 Stat. 179 aho Tribes. AN ACT To amend the Act of May 19, 1947, so as to increase the percentage of certain trust funds held by the Shoshone and Arapaho Tribes of the Wind River Reservation which is to be distributed per capita to individual members of such tribes. Be it enacted by the Senate and House of Representatives of the Shoshone and Arap United States of America in Congress assembled, That the first proviso in section 3 of the Act entitled "An Act to authorize the segregation and expenditure of trust funds held in joint ownership by the Shoshone and Arapaho Tribes of the Wind River Reservation", approved May 19, 1947, as amended, is amended by striking out "two-thirds" wherever it appears therein and by inserting in lieu thereof “80 per centum". 61 Stat. 102. Approved, July 17, 1953. PUBLIC LAW 153 CHAPTER 245 AN ACT July 27, 1953 [H. R. 5376] Making appropriations for civil functions administered by the Department of the Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1954, for civil functions administered by the Department of the Army and for other purposes, namely: For the prosecution of river and harbor, flood control, shore protection, and related projects authorized by law; detailed studies, and plans and specifications, of projects authorized or made eligible for selection by law (but such studies shall not constitute a commitment of the Government to construction); and not to exceed $1,750,000 for transfer to the Secretary of the Interior for conservation of fish and wildlife as authorized by law; to remain available until expended, $278,670,000: Provided, That not more than $5,750 of the amount herein appropriated shall be available for expenditure, in addition to funds heretofore made available for the Garrison Dam and Reservoir project on the Missouri River, to pay to the lawful occupants of properties within the taking area of the project for their improvements which will be rendered useless by the construction of the project, but for which compensation may not be made under existing law because of the occupants' limited right of occupancy: Provided, That no part of this appropriation shall be used for projects in the Columbia River Basin which are authorized by a law limiting the amount to be appropriated therefor, except as may be within the limits of the amount now or hereafter authorized to be appropriated: Provided further, That funds appropriated herein may at the discretion and under the direction of the Chief of Engineers be used in payment to the accounts of the Confederated Tribes of the Yakima Reservation; the Confederated Tribes of the Warm Springs Reservation; the Confederated Tribes of the Umatilla Reservation; or other recognized Indian tribes, and those individual Indians not enrolled in any recognized tribe, but who through domicile at or in the immediate vicinity of the reservoir and through custom and usage are found to have an equitable interest in the fishery, all of whose fishing rights and interests will be impaired by the Government incident to the construction, operation, or maintenance of the Dalles Dam, Columbia River, Washington and Oregon, and must be subordinated thereto by agreement or litigation. * Approved, July 27, 1953. PUBLIC LAW 156 AN ACT CHAPTER 251 Making appropriations for the Department of Agriculture for the fiscal year ending Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Agriculture for the fiscal year ending June 30, 1954, namely: DEPARTMENT OF AGRICULTURE TITLE I-REGULAR ACTIVITIES 1 CONTROL OF FOREST PESTS For expenses necessary for carrying out operations, measures, or surveys necessary to eradicate, suppress, control, or to prevent or retard the spread of insects or diseases which endanger forest trees on any lands in the United States, and for such quarantine measures relating thereto as may be necessary pursuant to the Plant Quarantine Act of August 20, 1912, as amended (7 U. S. C. 151-167), including the purchase (not to exceed one for emergency replacement only) and operation and maintenance of airplanes, and construction and alteration of necessary buildings: Provided, That the cost of constructing or altering any one building during the fiscal year shall not exceed $2,500, as follows: White pine blister rust: White pine blister rust, pursuant to the Act of April 26, 1940 (16 U. S. C. 594a), $3,000,000, of which $460,000 shall be available to the Department of the Interior for the control of white pine blister rust on or endangering Federal lands under the jurisdiction of that Department or lands of Indian tribes which are under the jurisdiction of or retained under restrictions of the United States; $1,590,000 to the Forest Service for the control of white pine blister rust on or endangering lands under its jurisdiction; and $950,000 to the Bureau of Entomology and Plant Quarantine for leadership and general coordination of the entire program, method development, and for operations conducted under its direction for such control, including, but not confined to, the control of white pine blister rust on or endangering State and privately owned lands. * Approved, July 28, 1953. PUBLIC LAW 172 AN ACT CHAPTER 298 Making appropriations for the Department of the Interior for the fiscal year ending Be it enacted by the Senate and House of Representatives of the TITLE I-DEPARTMENT OF THE INTERIOR HEALTH, EDUCATION, AND WELFARE SERVICES For expenses necessary to provide health, education, and welfare services for Indians, either directly or in cooperation with States and other organizations, including payment (in advance or from date of admission), of care, tuition, assistance, and other expenses of Indians in boarding homes, institutions, or schools; grants and other assistance to needy Indians; maintenance of law and order, and payment of rewards for information or evidence concerning violations of law on Indian reservations or lands; and operation of Indian arts and crafts shops and museums; $52,000,000. |