May 1, 1958 [S. 864] 72 Stat. 99 Minnesota. 35 Stat. 169. 1100 Patents. Claims. agency is hereby authorized and directed to cooperate fully with the Secretary of Commerce in this connection. * Approved, April 16, 1958. PUBLIC LAW 85-387 AN ACT To provide for the transfer of certain lands to the State of Minnesota. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the State of Minnesota may, within three years after the date of enactment of this Act, file with the Secretary of the Interior (1) a schedule showing (A) each tract of public land which the State may have selected and which has not been reserved or withdrawn for some Federal use, and each tract of ceded or other Indian lands, which tracts are subject to liens under the Act entitled "An Act to authorize the drainage of certain lands in the State of Minnesota", approved May 20, 1908 (43 U. S. C. 1021-1027); (B) the amount of the lien under the Act of May 20, 1908, on each such tract of land, and the sum of the liens on all such tracts, which liens shall not include any interest charges which may have accrued after April 19, 1929, for land in the Red Lake Game Preserve and after April 25, 1931, for other lands; (C) the date when the lien on each such tract became effective; and (D) the authority under which the charges were assessed; and (2) an application to acquire the lands listed in such schedule in the manner provided in this Act. (b) The Secretary may, in his discretion, approve the listing of the lands in such schedule and accept the application for such lands. Upon such acceptance, the Secretary shall appraise the tracts listed in accordance with their fair market value. Such appraisal shall be conclusive for the purposes of this Act. The Secretary shall also determine the amount, if any, by which the total appraised value of the lands listed exceeds the total amount of the liens on such lands under the Act of May 20, 1908. ISEC. 2. (a) Subject to the provisions of sections 3 and 5, the Secretary shall patent to the State the lands listed in any application accepted under the first section upon payment by the State to the United States of the excess of the total appraised value of the lands listed in such application over the total amount of the liens on such lands under the Act of May 20, 1908: Provided, That the payment for each tract of ceded or other Indian land shall be not less than $1.25 per acre for the use and benefit of the Indian tribe or individual owning the tract. The Secretary shall issue a patent to the State under the authority of this subsection only if the State makes payment of the amount of such excess within two years after the determination of such amount. The failure of the State to make payment within the time required by this subsection shall not operate as a bar to the filing of any subsequent schedule and application by the State in the manner, and within the time, prescribed by the first section. (b) Notwithstanding any other provisions of this Act, the Secretary may issue a patent to the State for the public lands subject to liens under the Act of May 20, 1908, not withdrawn or reserved for Indians or some Federal use, without payment, if he determines through appraisal or otherwise that the total amount of the liens on such lands under that Act is approximately equal to or exceeds the total value of the lands. (c) Any patent issued to the State under this Act shall contain the provisions and reservations which are inserted in patents for public lands entered under the homestead law. SEC. 3. Nothing in this Act shall be construed to prejudice any valid claims relating to the lands for which an application has been made and accepted under the first section of this Act. The Secretary shall notify all entrymen of the sum due the State for drainage charges under the Act of May 20, 1908, and shall give to the entrymen any extension of time which he determines is reasonable within which to comply with the requirements of the law under which the entry was made, and to make the payments due the State. The Secretary shall not patent to the State any lands subject to such entries unless and until the entry involved is canceled in accordance with the law under which the entry was made. SEC. 4. After the date of enactment of this Act, no further liens or assessments shall be imposed on any Federal lands or any ceded or other Indian lands in the State of Minnesota under authority of the Act of May 20, 1908. SEC. 5. (a) With respect to ceded or other Indian lands, the Secretary may exercise the authority granted in the first section and section 2 of this Act only with the consent of the Indian owner or owners. The consent of the individuals owning two-thirds of the beneficial interest shall be sufficient in the case of undivided heirship lands. The consent of the Minnesota Chippewa Tribe and of the Red Lake Band of Chippewas, in the case of tribal lands, shall be evidenced by resolution of the recognized governing body of the tribe or band. (b) Nothing in this Act shall be construed to prejudice Indian title to any lands subject to lien, nor to preclude the right of the Indian owner, or owners, to clear title to their lands by payment of the lien claimed by the State. (c) Payments made by the State under this Act for the purchase of tribally owned Indian lands shall be deposited in the Treasury of the United States to the credit of the tribe owning such lands, and payments made for the purchase of individually owned Indian lands shall be deposited with the officer in charge of the Indian agency having jurisdiction over such lands to the credit of the Indian owners thereof. ISEC. 6. The Secretary may prescribe rules and regulations which he determines will effectuate the purposes of this Act. Approved, May 1, 1958. PUBLIC LAW 85-395 AN ACT To authorize the preparation of a roll of persons of Indian blood whose ancestors were members of the Otoe and Missouria Tribe of Indians and to provide for per capita distribution of funds arising from a judgment in favor of such Indians. 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 is hereby authorized and directed to prepare a roll of the Indians of the blood of the Otoe and Missouria Tribe whose names appear on the allotment rolls of the tribe approved December 7, 1899, June 1, 1906, and January 17, 1907, and who are living on the date of this Act, and the descendants of such allottees who are living on the date of this Act regardless of whether such allottees are living or deceased. Applications for enrollment shall be filed within six months after the date of this Act. The determination of the Secretary regarding the eligibility of an applicant for enrollment shall be final and conclusive. SEC. 2. The Secretary is authorized and directed to withdraw the funds on deposit in the Treasury of the United States to the credit of the Otoe and Missouria Tribe appropriated by the Act of May 19, 1956 (70 Stat. 161, 176), together with accrued interest, in satisfaction of the judgment obtained in the Indian Claims Commission against the United States in docket numbered 11, and to distribute such funds per Liens or assessments. Indian lands. 1101 Rules and regula tions. May 9, 1958 [H. R. 8524] 72 Stat. 105 Indians, Otoe and Missouria allotment rolls. Withdrawal of funds. 1106 Per capita payments. Costs. Rules and regulations. capita to the persons whose names appear on the roll prepared pursuant to section 1 of this Act. ISEC. 3. (a) The Secretary shall make per capita payments directly to a living enrollee, except as provided in subsection (b) of this section. The Secretary shall distribute the share of a person determined to be eligible for enrollment but who dies subsequent to the date of this Act and on whose behalf the application is filed and approved, and the share of a deceased enrollee, directly to his next of kin or legatee as determined by the laws of the place of domicile of the decedent, upon proof of death and inheritance satisfactory to the Secretary, whose findings upon such proof shall be final and conclusive. (b) Per capita payments due persons under twenty-one years of age or persons under legal disability shall be made in accordance with the laws of the place of domicile of such person. (c) No part of any per capita payment shall be subject to any debt or debts, other than to the United States, created prior to the date of this Act by a person of Indian blood, and such per capita payments shall not be taxable. SEC. 4. All costs incurred by the Secretary in the preparation of such roll and in the payment of such per capita shares shall be paid from the judgment fund or the interest accruing thereon. SEC. 5. The Secretary is authorized to prescribe rules and regulations to carry out the provisions of this Act. 72 Stat. 106 Chippewa Indians. Diocese of Superior. Flambeau, Wis. 1107 Authorizing the Secretary of the Interior to convey certain Indian land to the 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, in accordance with the wishes of the General Council of the Lac du Flambeau Band of Lake Superior Chippewa Indians, as expressed by referendum vote on May 14, 1957, is hereby authorized to convey to the Diocese of Superior, Superior, Wisconsin, for church purposes, and to the town of Flambeau, Wisconsin, for cemetery purposes, all right, title, and interest of the United States of America and of the said band in and to the following described tracts of lands: To the Diocese of Superior, Superior, Wisconsin: Lot 1, block 26, in section 5, township 40 north, range 5 east, fourth principal meridian, Wisconsin, plat of the village of Lac du Flambeau, Wisconsin, and that portion of Church Street lying northwesterly of State Highway Numbered 47, subject to all existing valid rights-of way. To the town of Flambeau: A parcel of land in the west fractional half of the northeast quarter of section 6, township 40 north, range 5 east, fourth principal meridian, Wisconsin, more particularly described as follows: Commencing at a point 25 feet east of the center of section 6; thence north 33 feet to a point of beginning, said point being on the east right-of-way line of the Pokegama Trail; thence north along said right-of-way line, a distance of 1,485 feet; thence east along the south right-of-way line of said trail, a distance of 396 feet to the drainage canal; thence south 31 degrees east along said drainage canal, a distance of 1,089 feet to swamp; thence southwesterly along edge of said swamp, a distance of 1,221 feet to the point of beginning. 1SEC. 2. The conveyance authorized by this Act shall be subject to the condition that title to the land shall revert to the United States of America in trust for the Lac du Flambeau Band of the Lake Superior Chippewa Indians, its successors or assigns, when the land is no longer needed or used for the purpose for which the land is conveyed. Approved, May 9, 1958. PUBLIC LAW 85-420 AN ACT To provide for the restoration to tribal ownership of all vacant and undisposed-of ceded lands on certain Indian reservations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all lands now or hereafter classified as vacant and undisposed-of ceded lands (including townsite lots) on the following named Indian reservations are hereby restored to tribal ownership, subject to valid existing rights: Provided, That such restoration shall not apply to any lands while they are within reclamation projects heretofore authorized. SEC. 2. Title to the lands restored to tribal ownership by this Act shall be held by the United States in trust for the respective tribe or tribes, and such lands are hereby added to and made a part of the existing reservations for such tribe or tribes. SEC. 3. The lands restored to tribal ownership by this Act may be sold or exchanged by the tribe, with the approval of the Secretary of the Interior. Approved, May 19, 1958. PUBLIC LAW 85-425 AN ACT To increase the monthly rates of pension payable to widows and former widows of deceased veterans of the Spanish-American War, Civil War, Indian War, and Mexican War, and provide pensions to widows of veterans who served in the military or naval forces of the Confederate States of America during the Civil War. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Veterans' Benefits Act of 1957 (Public Law 85-56) is amended: (1) In section 431, strike out the figure "$52.50" and insert the figure "$65". (2) In subsection 432 (a), strike out the figure "$54.18" and insert the figure "$65", and strike out the figure "$67.73" and insert the figure "$75". (3) Section 432 is amended by adding at the end thereof the following new subsection: "(e) For the purpose of this section, and section 433, the term 'veteran' includes a person who served in the military or naval forces of the Confederate States of America during the Civil War, and the term 'active, military or naval service' includes active service in such forces." (4) In section 433, strike out the figure "$48.77" and insert the figure "$73.13". (5) In subsection 434 (a), strike out the figure "$54.18" and insert the figure "$65", and strike out the figure "$67.73" and insert the figure "$75". (6) In section 435, strike out the figure "$48.77" and insert the figure "$73.13". (7) In subsection 436 (a), strike out the figure "$54.18" and insert the May 19, 1958 [H. R. 8544] 72 Stat. 121 Indian lands. Sale or exchange of lands. May 23, 1958 [H. R. 358] 72 Stat. 133 Veterans' widows. Pension increase. 71 Stat. 106, 107. 38 U. S. C. 2431, 2432. 38 USC 2433, 2434. 38 USC 2435. 71 Stat. 108. 38 USC 2436, 2437. June 5, 1958 [H. R. 10746] 72 Stat. 155 Department of the Interior and Related Agencies Appropriation Act, 1959. 5 USC 1001 note. 1157 figure "$65", and strike out the figure "$67.73" and insert the figure "$75". (8) In section 437, strike out the figure "$62.31" and insert the figure "$73.13". Approved, May 23, 1958. PUBLIC LAW 85-439 AN ACT Making appropriations for the Department of the Interior and related agencies for TITLE I-DEPARTMENT OF THE INTERIOR DEPARTMENTAL OFFICES * OFFICE OF THE SOLICITOR Salaries and Expenses For necessary expenses of the Office of the Solicitor, $2,800,000, and in addition, not to exceed $100,000 may be reimbursed or transferred to this appropriation from other accounts available to the Department of the Interior: Provided, That hearing officers appointed for Indian probate work need not be appointed pursuant to the Administrative Procedure Act (60 Stat. 237), as amended. * 1 BUREAU OF INDIAN AFFAIRS EDUCATION AND WELFARE SERVICES For expenses necessary to provide education and welfare services for Indians, either directly or in cooperation with States and other organizations, including payment (in advance or from date of admis sion), 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; $58,139,000. RESOURCES MANAGEMENT For expenses necessary for management, development, improvement, and protection of resources and appurtenant facilities under the jurisdiction of the Bureau of Indian Affairs, including payment of irrigation assessments and charges; acquisition of water rights; advances for Indian industrial and business enterprises; operation of Indian arts and crafts shops and museums; and development of Indian arts and crafts as authorized by law; $18,100,000, and in addition, $524,000 of the Revolving Fund for Loans, Bureau of Indian Affairs, shall be used in connection with administering loans to Indians: Provided, That the Secretary of the Interior is authorized to expend income received from leases on lands on the Colorado River Indian Reservation (southern and northern reserves) for the benefit of the Colorado River Indian Tribes and their members during the |