Incremental Increases and Decreases to Reservation

Relating to the Navajo reservation — land additions, set-asides, reversals, carve-outs and withdrawals by the U.S. President via Executive Orders (E.O.) and by the U.S. Congress via legislative acts (enactments).

Navajo Reservation Land Increases & Decreases by Federal Action

Forts & Treaty Land

Treaty of 1850 - Submission; U.S. military forts & trading houses

Treaty Between the United States of America and the Navajo Tribe of Indians

Ratified by the Senate September 9, 1850; Proclaimed by the President September 24, 1850

(9 Stat. 974)

I. The said Indians do hereby acknowledge that, by virtue of a treaty entered into by the United States of America and the United Mexican States, signed on the second day of February, in the year of our Lord eighteen hundred and forty-eight, at the city of Guadalupe Hidalgo, by N.P. Trist, of the first part, and Luis G. Cuevas, Bernardo Couto, and Mgl Atristain, of the second part, the said tribe was lawfully placed under the exclusive jurisdiction and protection of the Government of the said United States, and that they are now, and will forever remain, under the aforesaid jurisdiction and protection. …

III. The Government of the said States having the sole and exclusive right of regulating the trade and intercourse with the said Navajos, it is agreed that the laws now in force regulating the trade and intercourse, and for the preservation of peace with the various tribes of Indians under the protection and guardianship of the aforesaid Government, shall have the same force and efficiency, and shall be as binding and as obligatory upon the said Navajos, and executed in the same manner, as if said laws had been passed for their sole benefit and protection; and to this end, and for all other useful purposes, the government of New Mexico, as now organized, or as it may be by the Government of the United States, or by the legally constituted authorities of the people of New Mexico, is recognized and acknowledged by the said Navajos; and for the due enforcement of the aforesaid laws, until the Government of the United States shall otherwise order, the territory of the Navajos is hereby annexed to New Mexico. …

V. In order to preserve tranquility, and to afford protection to all the people and interests of the contracting parties, the Government of the United States of America will establish such military posts and agencies, and authorize such trading-houses, at such time and in such places as the said Government may designate. …

XI. This treaty shall be binding upon the contracting parties from and after the signing of the same, subject only to such modifications and amendments as may be adopted by the Government of the United States; and, finally, this treaty is to receive a liberal construction, at all times and in all places, to the end that the said Navajo Indians shall not be held responsible for the conduct of others, and that the Government of the United States shall so legislate and act as to secure the permanent prosperity and happiness of said Indians.

Act of June 30, 1864 - Designate Pecos River NM area for Navajo reservation

Act of 1864

June 30, 1864, ch. 177, 13 Stat. 323

CHAP. 177. An Act To aid in the settlement, subsistence, and support of the Navajo Indian captives upon a reservation in the Territory of New Mexico.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be, and hereby is, appropriated, out of any moneys in the Treasury not otherwise appropriated, to be expended under the direction of the Secretary of the Interior, for the purpose of settling the Navajo Indians, now captives in New Mexico, upon a reservation upon the Pecos River, in New Mexico, for the purchase of agricultural implements, seeds, and other articles necessary for such purpose, for breaking the ground, and for subsistence of said Indians to the end of the next fiscal year, the sum of one hundred thousand dollars.

SEC. 2. And be it further enacted, That the said reservation may, under the direction of the Secretary of the Interior, be so extended and enlarged on the South, as to include the entire valley of the Pecos River, known as the Bosque Grande, and that the whole of said reservation, so enlarged, shall be designated and known as the Navajo and Apache Reservation, and as such shall, until otherwise ordered by law, be exempt from sale, and free from all occupancy except by the said Indians for the purposes herein mentioned; excepting such portion of the said land as is now occupied by Fort Sumner, or as may be needed for the use of said post.

SEC. 3. And be it further enacted, That the southern Apache agency of New Mexico is hereby abolished, and that an agent for the Kiowa, Apache, and Comanche Indians be appointed, at a salary of fifteen hundred dollars per annum.

Approved, June 30, 1864.

1868 Navajo Treaty Land

Treaty Between the United States of America and the Navajo Tribe of Indians

CONCLUDED JUNE 1, 1868, RATIFICATION ADVISED JULY 25, 1868, PROCLAIMED AUGUST 12, 1868

(15 Stat. 667)

Article II

The United States agrees that the following district of country, to wit: bounded on the north by the 37th degree of north latitude, south by an east and west line passing through the site of old Fort Defiance, in Canon Bonito, east by the parallel of longitude which, if prolonged south, would pass through old Fort Lyon, or the Ojo-de-oso, Bear Spring, and west by a parallel of longitude about 109′ 30′ west of Greenwich, provided it embraces the outlet of the Canon-de-Chilly, which canon is to be all included in this reservation, shall be, and the same is hereby, set apart for the use and occupation of the Navajo tribe of Indians, and for such other friendly tribes or individual Indians as from time to time they may be willing, with the consent of the United States, to admit among them; and the United States agrees that no persons except those herein so authorized to do, and except such officers, soldiers, agents, and employes of the government, or of the Indians, as may be authorized to enter upon Indian reservations in discharge of duties imposed by law, or the orders of the President, shall ever be permitted to pass over, settle upon, or reside in, the territory described in this article.

Executive Order Land 1878-1886

1878 E.O. - Add 957,917 acres Chinle Valley

(This Executive Order extends western boundary 20 miles into Arizona by adding 957,917 acres, adding grazing land and rich farmland in the Chinle valley).

It is hereby ordered that the tract of country in the Territory of Arizona lying within the following-described boundaries, viz: Commencing at the northwest corner of the Navajo Indian Reservation, on the boundary line between the Territories of Arizona and Utah; thence west along said boundary line to the 110th° of longitude west; thence south along said degree to the 36th parallel of latitude north; thence east along said parallel to the west boundary of the Navajo reservation; thence north along said west boundary to the place of beginning, be, and the same hereby is, withdrawn from sale and settlement and set apart as an addition to the present reservation for the Navajo Indians.

R. B. HAYES
Executive Mansion
October 29, 1878

1880 E.O. - Add 996,403 acres east of San Juan River

(This Executive Order extends eastern, southern and western boundaries in Arizona and New Mexico by adding 996,403 acres).

It is hereby ordered that the following-described country lying within the boundaries of the Territories of New Mexico and Arizona, viz:

Commencing in the middle of the channel of the San Juan River, where the east line of the Navajo Reservation in the Territory of New Mexico, as established by the treaty of June 1, 1868 (15 Stat. 667), crosses said river; thence up and along the middle channel of said river to a point fifteen miles due east of the eastern boundary line of said reservation; thence due south to a point due east of the present southeast corner of said reservation; thence due south six miles; thence due west to the one hundred and tenth degree of west longitude; thence north along said degree to the southwest corner of said reservation in the Territory of Arizona, as defined by Executive Order, dated October 29th, 1878, be, and the same is hereby, withdrawn from sale and settlement and set apart as an addition to the present Navajo Reservation in said Territories.

R. B. HAYES
Executive Mansion
January 6th, 1880

1882 E.O. - Set aside 2.5 million acres for use of Hopi and other Indians

(This 1882 Executive Order sets aside a 70 x 55 mile, 2.5 million acre reservation in northern Arizona for the use of the Hopi Tribe and “such other Indians as the Secretary may see fit to settle thereon” extending from the Navajo reservation’s western boundary partly in order to end local opposition to Indian boarding schools. From its inception, this area was jointly used by Hopi and Navajo communities but controlled by neither. The area became highly disputed, resulting in the 1974 Navajo-Hopi Land Settlement).

It is hereby ordered that the tract of country, in the territory of Arizona, lying and being within the following described boundaries, viz: beginning on the one hundred and tenth degree of longitude west from Greenwich, at a point 36° 30°north; thence due east to the one hundred and tenth degree of longitude west, thence due north to place of beginning, be and the same is hereby withdrawn from settlement and sale, and set apart for the use and occupancy of the Moqui, and such other Indians as the Secretary of the Interior may see fit to settle thereon.

CHESTER A. ARTHUR
Executive Mansion
December 16, 1882

1884 E.O. - Add 2.3 million acres south of San Juan River exempting townships

(This Executive Order extends the Navajo reservation in northern AZ and southeastern part of Utah south of the San Juan River by 2,373,870 acres but also eliminated 36,723 acres near Shiprock south of the San Juan River. The decrease near Shiprock meant loss of community water access for herds).

It is hereby ordered that the Executive Order dated January 6, 1880, adding certain lands to the Navajo Reservation, in New Mexico and Arizona Territories, be, and the same is hereby, amended so as to exempt from its operation and exclude from said reservation all those portions of townships 29 north, ranges 14, 15, and 16 west of the New Mexico principal meridian, south of the San Juan River, in the Territory of New Mexico.

CHESTER A. ARTHUR
Executive Mansion
Washington May 17, 1884

1884 E.O. (2) - Add 431,160 acres Paiute Strip

(This Executive Order adds the 431,160 acre Pauite Strip in southern Utah. It was apparently an effort to contain Mormon settlement of land with agricultural and mineral potential).

It is hereby ordered that the following-described lands in the Territories of Arizona and Utah be, and the same are, withheld from sale and settlement and set apart as a reservation for Indian purposes, viz:

Beginning on the 110° west longitude at 36° and 30° north latitude (the same being the northeast corner of the Moqui Indian Reservation); thence due west to the 111° 30° west longitude; thence due north to the middle of the channel of the Colorado River; thence up and along the middle of the channel of said river to its intersection with the San Juan River, thence up and along the middle channel of San Juan River to west boundary of Colorado (32° west longitude, Wash. meridian); thence due south to the 37th parallel north latitude; thence west along said parallel to the 110° of west longitude; thence due south to place of beginning: Provided, That any tract or tracts within the region of country described as aforesaid which are settled upon or occupied, or to which valid rights have attached under existing laws of the United States prior to the date of this order, are hereby excluded from this reservation.

CHESTER A. ARTHUR
Washington
May 17, 1884

1886 E.O. - Restore 36,723 acres surrounding Shiprock

(This Executive Order restores acres near Shiprock south of the San Juan River previously eliminated in 1884).

It is hereby ordered that the following-described tract of country in the Territory of New Mexico, viz, all those portions of townships 29 north, ranges 14, 15, and 16 west of the New Mexico principal meridian, south of the San Juan River, be, and the same is hereby, withdrawn from sale and settlement and set apart as an addition to the Navajo Indian Reservation.

GROVER CLEVELAND
Executive Mansion
April 24, 1886

Allotment Era 1887-1934 and Subsequent Checkerboard Land Consolidation

1892 E.O. - Set aside 431,160 acres Paiute Strip

(set aside 431,160 Pauite Strip)

It is hereby ordered that the Executive Order of May 17, 1884, by President Chester A. Arthur, withdrawing from sale and settlement and setting apart as a reservation for Indian purposes certain lands in the Territories of Utah and Arizona, be, and the same hereby is, modified so that all the lands described in said order which lie west of the 110 degree of west longitude and within the Territory of Utah be, and the same hereby are, restored to the public domain, freed from the reservation made by said order.

BENJAMIN HARRISON
Washington, D.C.
November 19, 1892

1900 E.O. - Set aside 1.5 million acres west of Navajo & Hopi reservations

(withdraw 1.5 million acres from sale and allotment)

It is hereby ordered that the tract of country lying west of the Navajo and Moqui reservations in the Territory of Arizona, embraced within the following-described boundaries, viz: beginning at the southeast corner of the Moqui reservation and running due west to the Little Colorado River; thence down that stream to the Grand Canyon Forest Reserve; thence north on the line of that reserve to the northeast corner thereof; thence west to the Colorado River; thence up that stream to the Navajo Indian reservation, be, and the same is hereby, withdrawn from sale and settlement until further ordered.

WILLIAM MCKINLEY
Executive Mansion
January 8, 1900

Act of Jul 1, 1902 - Allow white settlers to claim land

July 1, 1902, ch. 1363, 32 Stat. 657

CHAP. 1363. An Act Authorizing the adjustment of rights of settlers on the Navajo Indian Reservation, Territory of Arizona.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all lands claimed by actual settlers or persons to whom valid rights attach, who settled upon or occupied any part of the public lands of the United States prior to the date of the Executive order of January sixth, eighteen hundred and eighty, extending the boundaries of the Navajo Indian Reservation, in the Territory of Arizona, and which were included in said Executive order, are hereby excepted from the operations thereof, and said settlers are hereby granted authority to establish their rights and secure patents for any of said lands to which they have a valid title under the public-land laws of the United States.

Approved, July 1, 1902.

1901 E.O. - Set aside for allotments 419,622 acres at Little Colorado River

(withdraw from settlement 419,622 acres SW of 1882 “set apart” reservation)

It is hereby ordered that the following-described tract of country in Arizona, viz: Commencing at a point where the south line of the Navajo Indian reservation (Addition of January 8, 1900) intersects the Little Colorado River; thence due south to the 5th Standard Parallel North; thence east on said standard to the Middle of the South line of township 21 North, range 15 east; thence north on the line bisecting townships 21, 22, 23, 24, said range 15 east, to the south line of the Moqui reservation; thence due west to the place of beginning, be, and the same is hereby, withdrawn from sale and settlement until such time as the Indians residing thereon shall have been settled permanently under the provisions of the homestead laws or the General allotment Act approved February 8, 1887 (24 Stats., 388 [25 U.S.C. § 331 et seq.]), and the Act amendatory thereof, approved February 28, 1891 (26 Stats., 794).

THEODORE ROOSEVELT
White House
November 14, 1901

1905 E.O. No. 324A - Set apart lands to Colorado state line

The Executive Order of March 10, 1905, setting apart certain lands in Utah, as an addition to the Navajo Indian Reservation, is hereby cancelled, and in lieu thereof it is hereby ordered that the following-described lands situated in said State be, and the same are hereby, withheld from sale and entry and set apart for Indian purposes, as an addition to the said Indian reservation, viz:

Beginning at the corner to sections 25 and 30, 31 and 36, on the range line between ranges 23 and 24 east, in Township 40 South, running east on the north boundary of sections 31–36, inclusive, in Township 40 South, ranges 24 and 25 east, and sections 31–34 inclusive, Township 40 South, range 26 east to the Colorado State line; thence south along the Colorado State line to the San Juan River; thence down the San Juan River to the meander corner to fractional sections 31 and 36, on the range line between ranges 23 and 24 east; thence north on said range line to the place of beginning: Provided, That any tract or tracts within the region of country described as aforesaid, which are settled upon or occupied, or to which valid rights have attached under existing laws of the United States prior to the date of this order, are hereby excluded from the reservation.

T. ROOSEVELT
White House
May 15, 1905

History

Repealed Executive Order. Executive Order No. 302A of March 10, 1905, which was cancelled by this Executive Order of May 15, 1905, provided:

“It is hereby ordered that the following described lands situated in the State of Utah, be, and the same are hereby, withheld from sale and settlement and set apart for Indian purposes, as an addition to the Navajo Indian Reservation, viz: Beginning at the mouth of Montezuma Creek (in Utah); running thence due east to the Colorado State line; thence south along the Colorado State Line to the San Juan River; thence down the San Juan River to the place of beginning: Provided, That any tract or tracts within the region of country described as aforesaid, which are settled upon or occupied, or to which valid rights have attached under existing laws of the United States prior to the date of this order, are hereby excluded from the reservation.”

1907 E.O. No. 709 - Set aside 3 million acres Ganado and Crownpoint-Chaco

(add 3 million acres south of Ganado AZ and Crownpoint-Chaco area, NM)

It is hereby ordered that the following-described tract of country in the Territories of Arizona and New Mexico, viz:

Commencing at a point where the east line of the Navajo Indian Reservation, as at present constituted, intersects the north boundary of township twenty-three north, range thirteen west, New Mexico Meridian; thence due east to the northeast corner of township twenty-three north, range five east; thence south to the southeast corner of township seventeen north, range five east, New Mexico Meridian; thence west to the first guide meridian; thence south on the said guide meridian to the southeast corner of township fifteen north, range nine west; thence west to the southwest corner of township fifteen north, range fourteen west; thence north to the northwest corner of township fifteen north, range fourteen west; thence due west to the boundary line between the Territories of Arizona and New Mexico; thence south on the boundary line between the Territories of Arizona and New Mexico to the northeast corner of township twenty-three north, range thirty-one east; thence west to the northwest corner of township twenty-three north, range twenty-nine east; thence south to the northwest corner of township twenty-one north, range twenty-nine east; thence west to the northwest corner of township twenty-one north, range twenty-two east; thence west to the northwest corner of township twenty-one north, range twenty-six east; thence south to the southeast corner of township twenty-one north, range twenty-five east; thence west to the southwest corner of township twenty-one north, range twenty-two east; thence due north to the southern boundary of the Navajo reservation, as at present constituted, be, and the same is hereby, withdrawn from sale and settlement and set apart for the use of the Indians as an addition to the present Navajo Reservation: Provided, That this withdrawal shall not affect any existing valid rights of any person.

THEODORE ROOSEVELT
The White House
November 9, 1907

1908 E.O. No. 744 - Add 1.8 million acres across southern reservation

(withdraw 1.8 million acres near Jicarilla to correct boundary mistake)

Whereas it is found that the Executive Order of November 9, 1907, setting apart certain lands in Arizona and New Mexico as an addition to the Navajo Indian Reservation, conflicts in part with Executive Order of November 11, 1907, setting apart certain lands as an addition to the Jicarilla Indian Reservation, New Mexico, said Executive Order is hereby so amended that the description of the tract of land set apart as an addition to the Navajo Reservation shall read as follows:

Beginning at a point on the eastern boundary of the Navajo Reservation where it intersects what would be, if extended, the township line between townships 23 and 24 north; thence east along said township line between townships 23 and 24 north to the northeast corner of township 23 north, range 6 west, New Mexico Meridian; thence south to the northeast corner of township 21 north, range 6 west; thence east to the northeast corner of township 21 north, range 5 west; thence south to the southeast corner of township 17 north, range 5 west; thence west to the first guide meridian west; thence south on said guide meridian to the southeast corner of township 15 north, range 9 west; thence west along the township line between townships 14 and 15 north to the northwest corner of township 15 north, range 14 west; thence west along the township line between townships 15 and 16 north to the boundary line between the Territories of Arizona and New Mexico; thence south on said boundary line to the northeast corner of township 23 north, range 31 east, Gila and Salt River Meridian, Arizona; thence west on the township line between townships 23 and 24 north to the northwest corner of township 23 north, range 29 east; thence south to the northwest corner of township 21 north, range 29 east; thence west on the township line between townships 21 and 22 north to the northwest corner of township 21 north, range 26 east; thence south to the southeast corner of township 21 north, range 25 east; thence west on the Fifth Standard Parallel north to the southwest corner of township 21 north, range 22 east; thence north on the range line between ranges 21 and 22 east to its intersection with the south boundary of the Hopi (Moqui) Indian Reservation, Arizona; thence east to the southeast corner of said Hopi (Moqui) Reservation; thence north on the one hundredth and tenth degree of longitude west to the south boundary of the Navajo Reservation, Arizona; thence east along the said south boundary to the boundary line between Arizona and New Mexico; thence continuing east along the boundary line of the Navajo Reservation, New Mexico, to the southeast corner of said reservation; thence north along the east boundary of said Navajo Reservation to the place of beginning.

THEODORE ROOSEVELT
The White House
January 28, 1908

Act of Mar 29, 1908 - Allow fee patents and surplus sales AZ and NM

May 29, 1908, ch. 216, § 9, 25, 35 Stat. 444, 447, 457

CHAP. 216. An Act to authorize the Secretary of the Interior to issue patents in fee to purchasers of Indian lands under any law now existing or hereafter enacted, and for other purposes.

* * *

SEC. 9. That the Secretary of the Interior be, and he is hereby, authorized to issue a patent to “The Sisters of the Blessed Sacrament for Indians and Colored People,” a charitable corporation organized under the laws of the State of Pennsylvania, for and covering the following described lands, amounting to approximately two hundred and eighty acres, now and for many years occupied by the said “The Sisters of the Blessed Sacrament for Indians and Colored People” as an Indian school, to wit: The southwest quarter of the southwest quarter of southwest quarter of section thirteen, the south half of the northeast quarter of section fourteen, and the east half of the northwest quarter and the south half of the northeast quarter of section twenty-four, all in township twenty-six north, range thirty east, Gila and Salt River meridian, on the Navajo Indian Reservation, in Arizona Territory.

* * *

SEC. 25. That whenever the President is satisfied that all the Indians in any part of the Navajo Indian Reservation in New Mexico and Arizona created by Executive orders of November ninth, nineteen hundred and seven, and January twenty-eighth, nineteen hundred and eight, have been allotted, the surplus lands in such part of the reservation shall be restored to the public domain and opened to settlement and entry by proclamation of the President.

Approved, May 29, 1908.

1908 E.O. No. 1000 - Restore land for sale and white settlement

(eliminate certain unalloted lands except 110 unapproved allotments)

It is hereby ordered that the unallotted lands in Townships seventeen, eighteen, nineteen, twenty, and twenty-one North, Ranges five, six, seven and eight West, and Townships twenty-two and twenty-three North, Ranges six, seven and eight West of the New Mexico Principal Meridian, withdrawn from sale and settlement, and set apart for the use of the Indians as an addition to the Navajo Reservation by Executive Orders dated November nine, nineteen hundred and seven, and January twenty-eight, nineteen hundred and eight, be, and the same are hereby, restored to the public domain, except the following-described lands embracing one hundred and ten unapproved allotments, namely:

The Southwest quarter of Section twenty-three, Township seventeen North, Range five West; the South half of Section thirty-five, Township eighteen North, Range five West; Section twenty-three and the North half of Section twenty-five, Township nineteen North, Range five West; the West half of Section five and the East half of Section six, Township twenty North, Range six West, unsurveyed; the Northwest quarter of Section three, the Northeast quarter of Section four, the South half of Section five, the Northwest quarter of Section eight, Section seventeen, the North half of Section nineteen, Section twenty and the Southeast quarter of Section thirty-one Township twenty-one North, Range six West; the West half of Section thirty-three, the South half of Section thirty-four, and the West half of Section thirty-five, Township twenty-two North, Range six West; the North half of Section three, Section four, the West half and the Southeast quarter of Section seven, the Southeast quarter of Section eight, Section nine, the West half of Section sixteen, Sections seventeen and eighteen, the North half and the Southeast quarter of Section nineteen, Section twenty, the West half of Section twenty-one, the East half of Section twenty-two, Section twenty-three, the Northwest quarter of Section twenty-eight, the North half of Section twenty-nine and the Northeast quarter of Section thirty, Township twenty North, Range seven West; the West half of Section six, the Southeast quarter of Section nineteen, the Southwest quarter of Section twenty, the North half and the Southeast quarter of Section twenty-four, the East half of Section twenty-five, the Southwest quarter of Section twenty-six, the South half of Section twenty-seven, the Southeast quarter of Section twenty-eight, the Northwest quarter of Section twenty-nine, the Northeast quarter of Section thirty, the East half of Section thirty-three, Section thirty-four and the West half of Section thirty-five, Township twenty-one North, Range seven West, and Sections one and twelve and the Southeast quarter of Section eleven. Township twenty-one North, Range eight West of the New Mexico Principal Meridian.

THEODORE ROOSEVELT
The White House
December 30, 1908

1911 E.O. No. 1284 - Restore land for sale and white settlement

(eliminate from Navajo reservation lands added in 1907-08 and not yet allotted)

It is hereby ordered that all lands not allotted to Indians or otherwise reserved within the townships in New Mexico added to the Navajo Reservation by Executive Orders of November nine, nineteen hundred and seven, and January twenty-eight, nineteen hundred and eight, lying west of the first guide meridian west, be and the same hereby are restored to the public domain.

WM. H. TAFT
The White House
January 16, 1911

1911 E.O. No. 1359 - Recognize white settler land claims

It is hereby ordered that the following-described lands in New Mexico, being a part of the lands restored to the public domain by Executive Order of January 16, 1911, be, and the same hereby are, reserved from entry, sale, or other disposition, for Indian purposes:

Sec. 6, of T. 22 N., R. 9 W.; NW. 1/4 of sec. 20, T. 14 N., R. 12 W.; 1/4, E. 1/2 W. 1/2, and SW. 1/4, SW. 1/4, sec. 31, T. 23 N., R. 9 W.; W. 1/2, sec. 20, all of sec. 30, and W. 1/2 of sec. 32, T. 17 N., 9 R. 12 W.; N. 1/2 of sec. 20, T. 16 N., R. 15 W. of the New Mexico principal meridian; Provided, That nothing herein shall affect any valid existing rights of any person.

WM. H. TAFT
The White House
May 24, 1911

1912 E.O. No. 1482 - Restore parts of Zuni National Forest to reservations

(creating Zuni national forest)

ZUNI NATIONAL FOREST
Arizona and New Mexico

Under authority of the Act of Congress of June 4, 1897 (30 Stat., 11 at 34 and 36 [16 U.S.C. § 473 et seq.]), and upon recommendation of the Secretary of Agriculture, it is hereby ordered that on and after March 1, 1912, the boundaries of the Zuni National Forest, Arizona, and New Mexico, as proclaimed March 2, 1909, and modified by subsequent Proclamation of July 1, 1910, be further modified by excluding therefrom those parts of the Zuni and of the Navajo Indian Reservations included in said Zuni National Forest by the said Proclamation of March 2, 1909, except those parts of the said Navajo Indian Reservation described in Executive Order No. 1284 of January 16, 1911, and included in said Zuni National Forest by said Proclamation of March 2, 1909, which are hereby retained as National Forest land.

The purpose of this exclusion is to restore in all respects the Zuni Indian Reservation and that part of the Navajo Indian Reservation not affected by Executive Order No. 1284 of January 16, 1911, to the status existing prior to the said Proclamation of March 2, 1909, as though the inclusion of the lands within the Zuni National Forest had not been ordered, and said Indian Reservations are hereby fully recreated and restored to that status, with the exception above mentioned.

WM. H. TAFT
The White House
February 17, 1912

1912 E.O. No. 1483 - Restore reservation land eliminated in 1911

(restore certain areas eliminated from Navajo reservation in 1911, excluding Zuni forest)

It is hereby ordered that the following-described lands in New Mexico, being a part of the lands heretofore set aside as an executive reservation for the Navajo Indians and eliminated from said reservation by Executive Order of January 16, 1911, be, and the same are hereby, restored to the status existing before said order of January 16, 1911, the purpose being to admit of the consummation of an exchange under the act of April 21, 1904 (33 Stats. at Large, page 211 [43 U.S.C. § 149]), initiated prior to said elimination, viz: all odd-numbered sections in townships 22 north of ranges 11 and 12 west, New Mexico principal meridian; and it is further ordered that upon completion of said exchange and after allotment to the Indians, any remaining lands shall be opened to disposition by the Secretary of the Interior in such manner and after such notice as he may prescribe.

WM. H. TAFT
The White House
February 17, 1912

1913 E.O. No. 1699 - Set aside areas except land claimed by settlers

(add land in AZ east of Gila and Salt River meridian)

It is hereby ordered that the Lots 1 (39.48 acres) and 2 (39.48 acres) and the S. of the NE. of Section 2, Township 21 North, Range 28 East of the Gila and Salt River Meridian in Arizona, be, and they are hereby, withdrawn from settlement, entry, sale, or other disposition and set aside for use of Navajo Indians: Provided, that the withdrawal hereby shall be subject to any prior valid existing rights of any persons to the lands described.

WM. H. TAFT
The White House
February 10, 1913

1913 E.O. No. 1700 - Set aside NM tract except as claimed by settlers

(add land in NM west of NM Principal Meridian)

It is hereby ordered that the SE. 1/4 of Section 18, Township 18 North of Range 10 West, of the New Mexico Principal Meridian be, and the same hereby is, withdrawn from all forms of settlement and entry and set apart as a reservation for use of the Navajo Indians in common: Provided that the withdrawal hereby made shall be subject to any valid prior rights of any persons to the land described.

WM. H. TAFT
The White House
February 10, 1913

Act of Mar 4, 1913 - Acknowledge allottee rights on railroad land grants

March 4, 1913, ch. 153, 37 Stat. 1007, 1008

CHAP. 153. An Act For the relief of Indians occupying railroad lands in Arizona, New Mexico, or California.

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 be, and he is hereby, authorized in his discretion to request of the present claimant under any railroad land grant a relinquishment or reconveyance of any lands situated within the States of Arizona, New Mexico, or California passing under the grant which are shown to have been occupied for five years or more by an Indian entitled to receive the tract in allotment under existing law but for the grant to the railroad company, and upon the execution and filing of such relinquishment or reconveyance the lands shall thereupon become available for allotment, and the company relinquishing or reconveying shall be entitled to select within a period of three years after the approval of this Act and have patented to it other vacant nonmineral, nontimbered, surveyed public lands of equal area and value situated in the same State, as may be agreed upon by the Secretary of the Interior, provided that the total area of land that may be exchanged under the provisions of this Act shall not exceed three thousand acres in Arizona, sixteen thousand acres in New Mexico, and five thousand acres in California.

Approved, March 4, 1913.

History

Amendment and extension. Act April 11, 1916, ch. 65, 39 Stat. 65, provided: “That all of the provisions of an Act entitled ‘An Act for the relief of Indians occupying railroad lands in Arizona, New Mexico, or California,’ approved March fourth, nineteen hundred and thirteen, be, and the same are hereby, extended for a period of two (2) years from and after the fourth day of March, nineteen hundred and sixteen: Provided, That there may be exchanged under the provisions of the Act named herein a total area not exceeding ten thousand acres in Arizona and twenty-five thousand acres in New Mexico.”

The appropriation act of June 30, 1919, ch. 4, 41 Stat. 9, provided: “That all of the provisions of an act entitled ‘An act for the relief of Indians occupying railroad lands in Arizona, New Mexico, or California,’ approved March 4, 1913 (Thirty–seventh Statutes at Large, page 1007), as extended by the act approved April 11, 1916 (Thirty–ninth Statutes at Large, page 48), be, and the same are hereby, extended for a period of one (1) year from and after the 4th day of March, 1919.”

1913 E.O. 1774 - Set aside NM tract excepting coal land claimed by settlers

(add more land in NM west of NM Principal Meridian)

It is hereby ordered that Section 10 of Township 17 North, Range 13 West, of the New Mexico Principal Meridian in New Mexico, be, and the same is hereby reserved from all forms of settlement, entry or other disposal, and set aside for use of Navajo Indians living in the vicinity of Crownpoint, New Mexico, provided that this withdrawal is subject to any prior valid right or claim of any persons to the land withdrawn, and to New Mexico coal land withdrawal No. 6, by Executive Order of May 18, 1911.

WOODROW WILSON
The White House
May 6, 1913

1913 E.O. No. 1864 - Carve out tract for San Juan Indian boarding school

(withdraw certain land west of NM Principal Meridian for boarding school)

Fractional section 21, Township 30 North of Range 16 West of the New Mexico Principal Meridian in New Mexico, is hereby reserved from all forms of entry or other disposal, and set aside for administration purposes connected with the San Juan Indian boarding school on the Navajo reservation in New Mexico.

Executive Order dated July 9, 1910, New Mexico coal land withdrawal No. 1, is hereby modified so as to eliminate therefrom the fractional section described herein.

WOODROW WILSON
The White House
December 1, 1913

1914 E.O. No. 1995 - Carve out military rifle range

(withdraw small AZ tracts for military rifle range)

Executive Orders of November 9, 1907, and January 28, 1908, setting aside certain townships in the State of Arizona as additions to the Navajo Indian Reservation, are hereby modified so as to release from the said withdrawals all of the unappropriated tracts in Sec. 10, T. 24 N., R. 29 E., of the Gila and Salt River Meridian in Arizona, which tracts are hereby reserved as a rifle range for use of Company G, First Infantry, Organized Militia of the State of Arizona: Provided, That the lands shall revert to their former status as Indian reservation when no longer used or needed for the purpose reserved.

WOODROW WILSON
The White House
July 23, 1914

1915 E.O. No. 2138 - Carve out military rifle range for AZ National Guard

(withdraw 640 acre AZ tract for military rifle range)

It is hereby ordered that sec. 10, T. 24 S., R. 28 E., G. & S. R. M., Arizona, containing according to the official plat on file in the General Land Office, approved October 25, 1902, 640 acres, be, and the same is hereby, reserved for military purposes for use of the National Guard of Arizona as a rifle range.

It is also hereby ordered that sec. 10, T. 24 N., R. 29 E., G. & S. R. M., Arizona, reserved by Executive Order No. 1995, dated July 23, 1914, for use of Company G, First Infantry, Organized Militia of the State of Arizona, be released from such reservation, so that the lands shall revert to their former status as part of the Navajo Indian Reservation in said State.

WOODROW WILSON
The White House
19 February, 1915

Act of Aug 11, 1916 - Recognize limited white homestead claims

August 11, 1916, ch. 315, 39 Stat. 504

CHAP. 315. An Act Authorizing the adjustment of rights of settlers on a part of the Navajo Indian Reservation in the State of Arizona.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all lands which were occupied by settlers or persons who were entitled to make entries thereof, and submit final proof under the provisions of the general homestead law of the United States prior to the hereinafter mentioned Executive order and upon the making and approval of the public surveys of such lands, said Executive order being of date January eighth, nineteen hundred, and withdrawing from sale and settlement a tract of country lying west of the Navajo and Moqui Reservations in Arizona, and which lands were included in the said Executive order, are hereby excepted from the operations thereof, and such settlers are hereby granted authority at any time within ninety days from the approval hereof to make homestead entry of not to exceed one hundred and sixty acres of such land, and submit final proof of the existence of their rights at the date of such Executive order of extension, and patents therefor shall issue upon payment to the United States of the legal fees and purchase price.

Approved, August 11, 1916.

1917 E.O. No. 2513 - Set aside NM tracts for allotments

(set apart from settlement and sale certain NM tracts for possible allotments)

It is hereby ordered that the following described lands situated in the State of New Mexico, which belong to or may hereafter be acquired by the United States, are hereby withdrawn from settlement and sale and are set apart for the use and occupancy of the Navajo and such other Indians as the Secretary of the Interior may see fit to settle thereon:

Township 15 N., Range 10 W.
S. 1/2, Sec. 1; W. 1/2 and SE. 1/4, Sec. 3; all of Sec. 11; E. 1/2, Sec. 15; N. 1/2 and SW. 1/4, Sec. 21; W. 1/2 and SE. 1/4, Sec. 31.

Township 16 N., Range 10 W.
W. 1/2, Sec. 7; N. 1/2 and SW. 1/4, Sec. 19.

Township 15 N.R. 11 W.
All of Sec. 5; W. 1/2 and SE. 1/4, Sec. 7; SW. 1/4, Sec. 15; all of Sec. 17; SW. 1/4, Sec. 23; all of Sec. 27; all of Sec. 35.

Township 16 N., Range 11 W.
E. 1/2 and SW. 1/4, Sec. 1; all of Sec. 5; all of Sec. 7; all of Sec. 9; all of Sec. 13; all of Sec. 15; all of Sec. 17; SW. 1/4, Sec. 19; N. 1/2, Sec. 21.

Township 17 N., Range 11 W.
All of Sec. 25.

Township 18 N., Range 11 W.
All of Sec. 17.

Township 15 N., Range 12 W.
All of Sec. 5; all of Sec. 7; all of Sec. 9; all of Sec. 19; all of Sec. 21; all of Sec. 25; all of Sec. 27; all of Sec. 29; all of Sec. 31.

Township 16 N., Range 12 W.
S. 1/2, Sec. 1; E. 1/2, Sec. 11; N. 1/2 and SE. 1/4, Sec. 13; W. 1/2 SE. 1/4, and E. 1/2 SW. 1/4, Sec. 15; N. 1/2 NW. 1/4, Sec. 21; all of Sec. 31; NW. 1/4 and SW. 1/4, Sec. 35.

Township 17 N., Range 12 W.
S. 1/2, Sec. 21; all of Sec. 27; E. 1/2, Sec. 29; all of Sec. 33; NW. 1/4, Sec. 35.

Township 19 N., Range 12 W.
All of Sec. 25.

Township 15 N., Range 13 W.
All of Sec. 7; all of Sec. 15; all of Sec. 17; all of Sec. 23.

Township 17 N., Range 13 W.
NE. 1/4, Sec. 1; SE. 1/4, Sec. 7; all of Sec. 9; all of Sec. 11; W. 1/2 and SE. 1/4, Sec. 13; all of Sec. 15; all of Sec. 17; all of Sec. 21; all of Sec. 23; N. 1/2, Sec. 25; N. 1/2, Sec. 27; NE. 1/4, Sec. 29.

Township 19 N., Range 13 W.
All of Sec. 5; all of Sec. 7; N. 1/2 and SW. 1/4, Sec. 9; all of Sec. 17; N. 1/2, Sec. 23;N. 1/2 and SE. 1/4, Sec. 27; all of Sec. 31.

Township 15 N., Range 14 W.
All of Sec. 1; NE. 1/4, Sec. 7; all of Sec. 11; NW. 1/4, Sec. 19; E. 1/2, Sec. 21; all of Sec. 23; N. 1/2, Sec. 31; N. 1/2, Sec. 33.

Township 16 N., Range 14 W.
S. 1/2, Sec. 15; E. 1/2, Sec. 31; SE. 1/4, Sec. 33.

Township 16 N., Range 15 W.
W. 1/2, Sec. 13; SW. 1/4, Sec. 17; NE. 1/4, Sec. 19; all of Sec. 25; E. 1/2 and SW. 1/4, Sec. 27.

Township 16 N., Range 16 W. NE. 1/4 and SW. 1/4, Sec. 15; all of Sec. 23; SE. 1/4, Sec. 35.

Township 17 N., Range 16 W.
S. 1/2, Sec. 31.

Township 16 N., Range 17 W. All of Sec. 5; all of Sec. 17; E. 1/2, SW. 1/4 and E. 1/2 NW. 1/4, Sec. 23; all of Sec. 25; all of Sec. 27; all of Sec. 29; W. 1/2, Sec. 33; all of Sec. 35.

Township 16 N., Range 18 W. N. 1/2, Sec. 3; W. 1/2 and SE. 1/4, Sec. 17; NW. 1/4, Sec. 29.

Township 17 N., Range 18 W.
SE. 1/4, Sec. 33.

Township 16 N., Range 19 W.
W. 1/2 and SE. 1/4, Sec. 3; NE. 1/4, Sec. 25.

WOODROW WILSON
The White House
15 January, 1917

1917 E.O.(2) - Set aside 94,000 acres in Coconino County AZ for allotment

(add 94,000 acres in Coconino County AZ near Tusayan forest)

It is hereby ordered that the following-described lands in the State of Arizona be, and they are hereby, reserved from all forms of disposal and set aside temporarily until allotments in severalty can be made to the Navajo Indians living thereon, or until some other provision can be made for their welfare:

Beginning at a point on the Little Colorado River where it intersects the eastern boundary of the Tusayan National Forest as set aside by the proclamation of June 28, 1910; thence up the Little Colorado River to where it crosses the 40-mile limit of the Santa Fe R.R.; thence west to the eastern boundary of the Tusayan National Forest; thence north along the eastern boundary of said Tusayan National Forest to place of beginning, which when surveyed will cover fractional parts of Ts. 31, 32, and 33 N., R. 6 E.; Ts. 29, 30, 31, and 32 N., R. 7 E.; Ts. 29, 30, and 31 N., R. 8 E.; and T. 29 N., R. 9 E., Gila and Salt River meridian, Arizona, containing approximately 94,000 acres.

This withdrawal is subject to all prior valid and existing rights and claims of any persons, and to all prior orders establishing or creating water-power designations and power-site reserves.

This order supersedes and takes the place of order number 2612, dated May 7, 1917, and is made for the sole purpose of correctly describing the lands intended to be withdrawn by that order.

WOODROW WILSON
The White House
May 7, 1917

(Amended on Jan 19, 1918 to remove text marked in red which had been a mistake)

Act of Apr 12, 1924 - Authorize Trust Fund deposit from allotment sale w/o heirs

April 12, 1924, ch. 88, 43 Stat. 91

CHAP. 88. An Act To authorize the deposit of certain funds in the Treasury of the United States to the credit of Navajo Tribe of Indians and to make same available for appropriation for the benefit of said Indians.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of $995 derived from the sale of land allotted to Pete Coberly, a Navajo Indian, who has been adjudged by the Secretary of the Interior to be legally dead and to have died without heirs, may be deposited in the Treasury of the United States to the credit of the Navajo Tribe of Indians and is hereby made available for appropriation by Congress for the benefit of said Indians.

Approved, April 12, 1924.

Act of March 3,1925 - Set aside 40 acre tract in NM for reservation

March 3, 1925, ch. 432, 43 Stat. 1114, 1115

CHAP. 432. An Act To provide for the permanent withdrawal of a certain forty-acre tract of public land in New Mexico for the use and benefit of the Navajo Indians.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following described tract in the State of New Mexico, temporarily withdrawn from settlement, entry, sale, or other disposition until March 5, 1927, by presidential order dated October 24, 1924, in aid of proposed legislation, be, and it hereby is, permanently withdrawn for the use and benefit of Navajo Indians residing in that immediate vicinity: Southeast quarter southeast quarter, section 8, township 11 north, range 3 west, New Mexico principal meridian, New Mexico.

Approved, March 3, 1925.

Act of Mar 3, 1925 - Allow exchanges to consolidate AZ checkerboard

March 3, 1925, ch. 433, 43 Stat. 1115

CHAP. 433. An Act To provide for exchanges of Government and privately owned lands in the additions to the Navajo Indian Reservation, Arizona, by Executive orders of January 8, 1900, and November 14, 1901.

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, in his discretion, under rules and regulations to be prescribed by him, to accept reconveyance to the Government of privately owned and State school lands, and relinquishments of any valid filings under the homestead laws, or of other valid claims within the additions to the Navajo Indian Reservation, Arizona, by Executive orders of January 8, 1900, and November 14, 1901, and to permit lieu selections within the boundaries of the said reservation additions by those surrendering their rights, so that the lands retained for Indian purposes may be consolidated and held in a solid area so far as may be possible: Provided, That the title or claim of any person or company who refuses to reconvey to the Government shall not be hereby affected.

Approved, March 3, 1925.

Act of May 23, 1930 - Add Tusayan Nat'l Forest areas to reservation

May 23, 1930, ch. 317, 46 Stat. 378, 379

CHAP. 317. An Act To eliminate certain land for the Tusayan National Forest, Arizona, as an addition to the Western Navajo Indian Reservation.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following described land be, and the same is hereby, eliminated from the Tusayan National Forest, Arizona, and added to and made a part of the Western Navajo Indian Reservation, subject to all valid rights and claims of individuals initiated prior to the approval of this Act: All that part of the Tusayan National Forest lying east of the Colorado River and north of the Little Colorado River, unsurveyed, but which will probably be when surveyed in townships 32, 33, 34, 35, and 36 north, ranges 5 and 6 east; all lands in township 31 north, range 6 east, which are now a part of the Tusayan National Forest; sections 1, 2, 3, 4, and 10 to 14, inclusive, east half section 23, sections 24 and 25, east half section 26 and sections 35 and 36, township 30 north, range 6 east; sections 27 to 34, inclusive, township 30 north, range 7 east; sections 1, 2, and 11 to 14, inclusive, sections 23 to 26, inclusive, sections 35 and 36, township 29 north, range 6 east; sections 3 to 10, inclusive, and sections 15 to 36, inclusive, township 29 north, range 7 east; section 1 and north half section 12, township 28 north, range 6 east; sections 1 to 23, inclusive, and sections 29 to 32, inclusive, township 28 north, range 7 east; Gila and Salt River base and meridian, Arizona: Provided, That all unappropriated and unreserved public lands in sections 24 to 28, inclusive, and sections 33 to 36, inclusive, in township 28 north, range 7 east, Gila and Salt River base and meridian, Arizona, be, and the same are hereby, added to and made a part of the Western Navajo Indian Reservation, subject to all valid rights and claims of individuals initiated prior to approval of this Act.

SEC. 2. That upon conveyance to the United States of a good and sufficient title to any privately owned land within the areas described in this Act, the owners or their assigns thereof are hereby authorized under regulations of the Secretary of the Interior, to select at any time within fifteen years after the approval of this Act, from the surveyed, unappropriated, unreserved, nonmineral public lands of the United States, in the State of Arizona, lands approximately equal in value to the lands thus conveyed, such values to be determined by the Secretary of the Interior, and the Secretary of the Interior is hereby authorized to issue patents for the lands thus selected: Provided, That the lands conveyed to the United States under authority of this Act shall thereupon become a part of the Western Navajo Indian Reservation.

SEC. 3. That before any exchange of lands as above provided is effected, notice of such exchange describing the lands involved therein shall be published once each week for four consecutive weeks in some newspaper of general circulation in the county or counties within which the selected lands are situated.

SEC. 4. That the State of Arizona shall have the right to select other public lands in lieu of sections 2, 16, 32, and 36 within said addition to the Western Navajo Indian Reservation, in the same manner as is provided in the Enabling Act of June 20, 1910 [36 Stat. L. 557].

Approved, May 23, 1930.

History

Amendments–1931. See Act February 21, 1931, ch. 269, 46 Stat. 1204.

Act of Feb 14, 1931 - Establish Canyon de Chelly National Monument

February 14, 1931, ch. 188, 46 Stat. 1161, as amended; 16 U.S.C. §§ 445–445b

16 U.S.C. § 445. Canyon De Chelly National Monument; establishment; boundaries

With the consent of the tribal council of the Navajo Tribe of Indians, the President of the United States is authorized to establish by presidential proclamation the Canyon De Chelly National Monument, within the Navajo Indian Reservation, Arizona, including the lands hereinafter described.

All lands in Del Muerto, De Chelly, and Monument Canyons, in the canyons tributary thereto, and the lands within one-half mile of the rims of the said canyons, situated in unsurveyed townships 4 and 5 north, range 7 west; townships 4, 5, and 6 north, range 8 west; townships 4 and 5 north, range 9 west; and in surveyed townships 4 and 5 north, range 6 west; townships 3, 6, and 7 north, range 7 west; township 6 north, range 9 west; and township 5 north, range 10 west, embracing about eighty-three thousand eight hundred and forty acres, all of the Navajo meridian, in Arizona. (February 14, 1931, ch. 188, § 1, 46 Stat. 1161; March 1, 1933, ch. 161, 47 Stat. 1419.)

16 U.S.C. § 445a. Same; rights and privileges of Navajo Indians therein

Nothing in section 445 or 445b of this Title shall be construed as in any way impairing the right, title, and interest of the Navajo Tribe of Indians which they now have and hold to all lands and minerals, including oil and gas, and the surface use of such lands for agricultural, grazing, and other purposes, except as defined in section 445b of this Title; and the said tribe of Indians is granted the preferential right, under regulations to be prescribed by the Secretary of the Interior, of furnishing riding animals for the use of visitors to the monument. (February 14, 1931, ch. 188, § 2, 46 Stat. 1161.)

16 U.S.C. § 445b. Same, administration by National Park Service; powers and duties

The National Park Service, under the direction of the Secretary of the Interior, is charged with the administration of the area of said national monument, so far as it applies to the care, maintenance, preservation and restoration of the prehistoric ruins, or other features of scientific or historical interest within the area, and shall have right to construct upon the lands such roads, trails, or other structures or improvements as may be necessary in connection with the administration and protection of the monument, and also the right to provide facilities of any nature whatsoever required for the care and accommodation of visitors to the monument. (February 14, 1931, ch. 188, § 3, 46 Stat. 1161.)

History

Amendments–1933. Amended description of land.

Act of Feb 21, 1931 - Valuation of private property exchanges for reservation

amendment February 21, 1931 ch. 269, 46 Stat. 1204

CHAP. 269. An Act To amend the Act of May 23, 1930 (46 Stat. 378).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the Act of May 23, 1930 (46 Stat. 378), entitled “An Act to eliminate certain lands from the Tusayan National Forest, Arizona, as an addition to the Western Navajo Indian Reservation,” be, and the same is hereby, amended so as to include the following-described lands subject to all the conditions and provisions of said Act: Sections 10 to 15, inclusive, sections 22 to 27, inclusive, sections 34 to 36, inclusive, township 27 north, range 6 east, all of township 27 north, range 7 east; sections 4 to 9, 16 to 21, 29 to 32, all inclusive, in township north, range 8 east; sections 1 and 2, the east half of section 3, the east half of section 10, sections 11 and 12, township 26 north, range 7 east; sections 5 to 8, inclusive, township 26 north, range 8 east, Gila and Salt River meridian,

SEC. 2. That for the purpose of arriving at the values and areas of lieu lands to which private landowners are entitled under the Act of May 23, 1930 as hereby amended, the value of the improvements on all privately owned lands to be conveyed or relinquished to the United States for the benefit of the Indians shall be taken into consideration and full credit in the form of lands shall be allowed therefor: Provided, That the State of Arizona may relinquish such lands as it sees fit, acquired pursuant to the Enabling Act of June 20, 1910 (36 Stat. L. 557), which may be desired as lieu land, and the State shall have the right to select other unreserved and undisposed of nonmineral public lands within the State of Arizona equal in area to that relinquished, the lieu selections to be made by the State in the same manner as is provided for in said Enabling Act.

Approved, February 21, 1931.

Act of Mar 1, 1933 - Set aside San Juan County UT areas

March 1, 1933, ch. 160,47 Stat. 1418,1419

May 17, 1968, Pub. L. 90–306, 82 Stat. 121.

AN ACT

To permanently set aside certain lands in Utah as an addition to the Navajo Indian Reservation, 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 vacant, unreserved, and undisposed of public lands within the areas in the southern part of the State of Utah, bounded as follows: Beginning at a point where the San Juan River intersects the one hundred and tenth degree of west longitude; thence down said river to its confluence with the Colorado River; thence down the Colorado River to a point where said river crosses the boundary line between Utah and Arizona; thence east along said boundary line to the one hundred and tenth degree of west longitude; thence north to the place of beginning; also beginning at a point where the west rim of Montezuma Creek or wash intersects the north boundary line of the Navajo Indian Reservation in Utah; thence northerly along the western rim of said creek or wash to a point where it intersects the section line running east and west between sections 23 and 26, township 39 south, range 24 east, Salt Lake base and meridian in Utah; thence eastward along said section line to the northwest section corner of section 26, township 39 south, range 25 east; thence south one mile along the section line between sections 25 and 26 to the southeast section corner of section 26, township 39 south, range 25 east; thence eastward along the section line between sections 25 and 36, township 39 south, range 25 east, extending through township 39 south, range 26 east, to its intersection with the boundary line between Utah and Colorado; thence south along said boundary line to its intersection with the north boundary line of the Navajo Indian Reservation; thence in a westerly direction along the north boundary line of said reservation to the point of beginning be, and the same are hereby, permanently withdrawn from all forms of entry or disposal for the benefit of the Navajo and such other Indians as the Secretary of the Interior may see fit to settle thereon: Provided, That no further allotments of lands to Indians on the public domain shall be made in San Juan County, Utah, for the health, education, and general welfare of the Navajo Indians residing in San Juan County. Planning for such expenditures shall be done in cooperation with the appropriate departments, bureaus, commissions, divisions, and agencies of the United States, the State of Utah, the county of San Juan in Utah, and the Navajo Tribe, insofar as it is reasonably practicable, to accomplish the objects and purposes of this Act. Contribution may be made to projects and facilities within said area that are not exclusively for the benefits of the beneficiaries hereunder in proportion to the benefits to be received therefrom by said beneficiaries, as may be determined by the State of Utah through its duly authorized officers, commissions, or agencies. An annual report of its accounts, operations, and recommendations concerning the funds received hereunder shall be made by the State of Utah, through its duly authorized officers, commissions, or agencies, to the Secretary of the Interior and to the Area Director of the Bureau of Indian Affairs for the information of said beneficiaries.

SEC. 2. That the State of Utah may relinquish such tracts of school land within the areas added to the Navajo Reservation by section 1 of this Act as it may see fit in favor of the said Indians, and shall have the right to select other unreserved and nonmineral public lands contiguously or noncontiguously located within the State of Utah, equal in area and approximately of the same value to that relinquished, said lieu selections to be made in the same manner as is provided for in the Enabling Act of July 16, 1894 (28 Stat. L. 107), except as to the payment of fees or commissions which are hereby waived.

Approved, March 1, 1933; approved May 17, 1968.

History

The proviso in first sentence of § 1 of this Act appears in 25 U.S.C. § 337a and 43 U.S.C. § 190a.

Amendments–1968. Amended Act by deleting all of that part of last proviso of section 1 after the word “Utah” and inserting new provisions.

Arizona Boundary Act of June 14, 1934 - Apache, Coconino & Apache County AZ areas

June 14, 1934, ch. 521, 48 Stat. 960–962

AN ACT

To define the exterior boundaries of the Navajo Indian Reservation in Arizona, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the exterior boundaries of the Navajo Indian Reservation, in Arizona, be, and they are hereby, defined as follows: Beginning at a point common to the States of Arizona, New Mexico, Colorado, and Utah, thence west along the boundary line between the States of Arizona and Utah to a point where said boundary line intersects the Colorado River; thence down the south bank of that stream to its confluence with the Little Colorado River; thence following the north bank of the Little Colorado River to a point opposite the east boundary of the Grand Canyon National Park; thence south along said east boundary to the southeast corner of section 5, township 30 north, range 6 east, Gila and Salt River base and meridian, Arizona; thence east to the southeast corner of section 4; thence south to the southwest corner of section 10; thence east to the southeast corner of section 10; thence south to the southwest corner of section 14; thence east to the northwest corner of the northeast quarter section 23; thence south two miles to the southeast corner of the southwest quarter section 26; thence west one half mile to the southeast corner of section 27, township 30 north, range 6 east, Gila and Salt River base and meridian, Arizona; thence south 7 miles to the southwest corner of section 35, township 29 north, range 6 east; thence east one mile; thence south one and one half miles to the southwest corner of the northwest quarter section 12, township 28 north, range 6 east; thence east through the center of section 12 to the range line between ranges 6 and 7 east; thence south along said range line five and one half miles to the southeast corner of section 1, township 27 north, range 6 east; thence west 3 miles to the southwest corner of section 3, township 27 north, range 6 east; thence south 5 miles to the southeast corner of section 33, township 27 north, range 6 east; thence east along township line between townships 26 and 27, six and one half miles, to the northeast corner of the northwest quarter section 3, township 26 north, range 7 east; thence south two miles to the southeast corner of the southwest quarter section 10, township 26 north, range 7 east; thence east four and one half miles to the southeast corner of section 8, township 26 north, range 8 east; thence north four miles to the northwest corner of section 28, township 27 north, range 8 east, Gila and Salt River base and meridian; thence east one mile to the southeast corner of section 21; thence north four miles to the northeast corner of section 4, township 27 north, range 8 east; thence east along township line between townships 27 and north to its intersection with the Little Colorado River; thence up the middle of that stream to the intersection of the present west boundary of the Leupp Extension Reservation created by Executive order of November 14, 1910; thence south along the present western boundary of said extension to where it intersects the fifth standard parallel north; thence east along said standard parallel to the southwest corner of township 21 north, range 26 east, Gila and Salt River base and meridian; thence north six miles to the northwest corner of township 21 north, range 26 east; thence east 12 miles to the northeast corner of township 21 north, range 27 east; thence south 2 miles; thence east 12 miles; thence south four miles; thence east along the township line between townships 20 and 21 north to the boundary line between the States of New Mexico and Arizona; thence north along said boundary line to the point of beginning. All vacant, unreserved, and unappropriated public lands, including all temporary withdrawals of public lands in Arizona heretofore made for Indian purposes by Executive order or otherwise within the boundaries defined by this Act, are hereby permanently withdrawn from all forms of entry or disposal for the benefit of the Navajo and such other Indians as may already be located thereon; however, nothing herein contained shall affect the existing status of the Moqui (Hopi) Indian Reservation created by Executive order of December 16, 1882. There are hereby excluded from the reservation as above defined all lands heretofore designated by the Secretary of the Interior pursuant to section 28 of the Arizona Enabling Act of June 20, 1910 (36 Stat. L. 575), as being valuable for water-power purposes and all lands withdrawn or classified as power-site lands, saving to the Indians, nevertheless, the exclusive right to occupy and use such designated and classified lands until they shall be required for power purposes or other uses under the authority of the United States: Provided, That nothing in this Act contained shall be construed as authorizing the payment of proceeds or royalties to the Navajo Indians from water power developed within the areas added to the Navajo Reservation pursuant to section 1 of this Act; and the Federal Water Power Act of June 10, 1920 (41 Stat. L. 1063 [16 U.S.C. § 791a et seq.]), and amendments thereto, shall operate for the benefit of the state of Arizona as if such lands were vacant, unreserved, and unappropriated public lands. All valid rights and claims initiated under the public land laws prior to approval hereof involving any lands within the areas so defined, shall not be affected by this

SEC. 2. The Secretary of the Interior is hereby authorized in his discretion, under rules and regulations to be prescribed by him, to accept relinquishments and reconveyance to the United States of such privately owned lands, as in his opinion are desirable for and should be reserved for the use and benefit of the Navajo Tribe of Indians, including patented and nonpatented Indian allotments and selections, within the counties of Apache, Navajo, and Coconino, Arizona; and any Indian so relinquishing his or her right shall be entitled to make lieu selections within the areas consolidated for Indian purposes by this Act. Upon conveyance to the United States of a good and sufficient title to any such privately owned land, except Indian allotments and selections, the owners thereof, or their assigns, are hereby authorized, under regulations of the Secretary of the Interior, to select from the unappropriated, unreserved, and nonmineral public lands of the United States within said counties in the State of Arizona lands approximately equal in value to the lands thus conveyed, and where surrendered lands contain springs or living waters, selection of other lands taken in lieu thereof may be of like character or quality, such values to be determined by the Secretary of the Interior, who is hereby authorized to issue patents for the lieu lands so selected. In all selections of lieu lands under section 2 of this Act notice to any interested party shall be by publication. Any privately owned lands relinquished to the United States under section 2 of this Act shall be held in trust for the Navajo Tribe of Indians; and relinquishments in Navajo County, Arizona, excluding Indian allotments and selections, shall not extend south of the township line between townships 20 and 21 north, Gila and Salt River base and meridian. The State of Arizona may relinquish such tracts of school land within the boundary of the Navajo Reservation, as defined by section 1 of this Act, as it may see fit in favor of said Indians, and shall have the right to select other unreserved and nonmineral public lands contiguous or noncontiguous, located within the three counties involved equal in value to that relinquished, said lieu selections to be made in the same manner as is provided for in the Arizona Enabling Act of June 20, 1910 (36 Stat. L. 558), except as to the payment of fees or commissions which are hereby waived. Pending the completion of exchanges and consolidations authorized by section 2 of this Act, no further allotments of public lands to Navajo Indians shall be made in the counties of Apache, Navajo and Coconino, Arizona, nor shall further Indian homesteads be initiated or allowed in said counties to Navajo Indians under the Act of July 4, 1884 (23 Stat. L. 96 [43 U.S.C. § 190]); and thereafter should allotments to Navajo Indians be made within the above-named counties, they shall be confined to land within the boundaries defined by section 1 of this Act.

SEC. 3. Upon the completion of exchanges and consolidations authorized by section 2 of this Act, the State of Arizona may, under rules and regulations to be prescribed by the Secretary of the Interior, relinquish to the United States such of its remaining school lands in Coconino, Navajo, and Apache Counties as it may see fit; and shall have the right to select from the vacant, unreserved, and nonmineral public lands in said counties lieu lands equal in value to those relinquished without the payment of fees or commissions.

SEC. 4. For the purpose of purchasing privately owned lands, together with the improvements thereon, within the boundaries above defined, there is hereby authorized to be appropriated, from any funds in the Treasury not otherwise appropriated, the sum of $481,879.38, which sum shall be reimbursable from funds accruing to the Navajo tribal funds as and when such funds accrue and shall remain available until expended: Provided, That title to the land so purchased may, in the discretion of the Secretary of the Interior, be taken for the surface only: Provided further, That said funds may be used in purchasing improvements on any land within said boundaries or on leased State school land within the boundaries above defined, provided the State of Arizona agrees to the assignment of said leases to the Navajo Tribe of Indians on a renewable and preferential basis, and provided the Legislature of said State enacts such laws as may be necessary to avail itself of the exchange provisions contained in section 2 of this Act, and disclaim any right, title or interest in and to any improvements on said lands.

Approved, June 14, 1934.

I.R.A. June 18, 1934 - Establish checkerboard consolidation fund

June 18, 1934, ch. 576, § 5, 48 Stat. 985; 25 U.S.C. § 465

25 U.S.C. § 465. Acquisition of lands, water rights, or surface rights; appropriation

The Secretary of the Interior is authorized, in his discretion, to acquire, through purchase, relinquishment, gift, exchange, or assignment, any interest in lands, water rights, or surface rights to lands, within or without existing reservations, including trust or otherwise restricted allotments, whether the allottee be living or deceased, for the purpose of providing land for Indians.

For the acquisition of such lands, interests in lands, water rights, and surface rights, and for expenses incident to such acquisition, there is authorized to be appropriated, out of any funds in the Treasury not otherwise appropriated, a sum not to exceed $2,000,000 in any one fiscal year: Provided, That no part of such funds shall be used to acquire additional land outside of the exterior boundaries of Navajo Indian Reservation for the Navajo Indians in Arizona, nor in New Mexico, in the event that legislation to define the exterior boundaries of the Navajo Indian Reservation in New Mexico, and for other purposes, or similar legislation, becomes law.

The unexpended balances of any appropriations made pursuant to this section shall remain available until expended.

Title to any lands or rights acquired pursuant to sections 461, 462, 463, 464, 465, 466–470, 471–473, 475, 476–478, and 479 of this title shall be taken in the name of the United States in trust for the Indian tribe or individual Indian for which the land is acquired, and such lands or rights shall be exempt from State and local taxation. (June 18, 1934, ch. 676, § 5, 48 Stat. 985.)

Act of Aug 9, 1955 - Authorizing land consolidation purchases, McKinley County & Pueblos

August 9, 1955, ch. 636, 69 Stat. 555, 556, as amended July 11, 1956, ch. 559,

70 Stat. 522

AN ACT

To authorize the Pueblos of San Lorenzo and Pojoaque in New Mexico to sell certain lands to the Navajo Tribe, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Pueblo of San Lorenzo, sometimes known as the Pueblo of Picuris, and the Pueblo of Pojoaque in New Mexico are hereby severally authorized to sell to the Navaho Tribe of Indians all of the right, title, and interest of each of said Pueblos in and to any of the lands situated in townships 6, 7, and 8 north, range 14 west, townships 7 and 8 north, range 15 west, and township 7 north, range 16 west, New Mexico principal meridian, in Valencia County, New Mexico, the title to which is now held by the United States in trust for either of said Pueblos; and the Navajo Tribe is hereby authorized to purchase all of the right, title, and interest of said Pueblos in and to any of the above-described lands, whereupon the title to the lands so purchased shall be held by the United States in trust for the Navaho Tribe. All sales under this section shall be for such prices and on such terms as may be agreed upon by the governing bodies of the Pueblo making the sale and of the Navaho Tribe, and as may be approved by the Secretary of the Interior. The consideration for each sale, when so agreed upon and approved, shall be paid out of such funds of the Navaho Tribe as may be designated for this purpose by its governing body. The Secretary of the Interior and the appropriate officers of said Pueblos are authorized to execute such instruments of conveyance as may be necessary or appropriate to effectuate the transfer of title to any lands purchased by the Navaho Tribe under this section. [As amended July 11, 1956, ch. 559, 70 Stat. 522.]

SEC. 2. All proceeds received from each of the sales authorized by section 1 of this Act shall be deposited in the Treasury of the United States to the credit of the Pueblo making the sale in the account established for such Pueblo pursuant to section 19 of the Act of June 7, 1924 (43 Stat. 636, 642), and, together with any other funds heretofore or hereafter deposited in the same account, shall be available for expenditure or advanced for such purposes, except per capita payments, as may be designated by the governing body of such Pueblo and approved by the Secretary of the Interior.

SEC. 3. For the purpose of consolidating the lands of the Navaho Tribe, the Secretary of the Interior, with the consent of the governing body of said tribe, may exchange any lands purchased under section 1 of this Act for any other lands situated in McKinley or Valencia Counties, New Mexico, that are owned by the United States, by the State of New Mexico, or a political subdivision thereof, or by any person; and, for the same purpose, the head of any department or agency having administrative jurisdiction over lands situated in said counties that are owned by the United States may exchange any such lands for lands purchased under section I of this Act.

Approved, August 9, 1955.

History

Amendments–1956. Amended section 1 of this 1955 Act by inserting after “townships 6, 7, and 8 north”, the following: “range 14 west, townships 7 and 8 north,”.

Act of Apr 9, 1960 - Conveyance of 81.33 acres, McKinley County to Navajo Tribe

April 9, 1960, Pub. L. 86–421, 74 Stat. 40, 41

AN ACT

To convey certain land in McKinley County, New Mexico, to the Navajo Tribe of Indians.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order that the Navajo Indian Tribe might enjoy the continued use of lands described in section 2 hereof upon which they have expended considerable funds in improvements and in order that they might construct further extensive community improvements and facilities, all of the right, title, and interest of the United States in the lands described in section 2 hereof are hereby conveyed to the Navajo Indian Tribe, and such land shall not, because of Indian ownership, be subject to any exemption from taxation or to any restriction on use, management, or disposition.

SEC. 2. The lands are described as follows: A plot of land containing 81.33 acres, more or less, lying in the west half of section 30, township 17 north, range 12 west, New Mexico principal meridian, being more particularly described as follows: Beginning at the quarter corner on the west side of section 30; thence south 00 degrees 10 minutes 11 seconds east along the section line 1,186.8 feet; thence east 1,939.6 feet; thence north 1,210.2 feet; thence north 15 degrees 44 minutes east 476.2 feet; thence west 202.1 feet; thence north 145.1 feet; thence west 1,873.6 feet to a point on the section line between said section 30 and section 25; thence south 00 degrees 10 minutes 11 seconds east 624.6 feet to the place of beginning, containing 81.33 acres, more or less. All points are marked by an iron stake surrounded by a mound of rocks.

Approved, April, 9, 1960.

Utah Navajo Trust Land – Aneth and Paiute Strip

Act of March 1, 1933 - Aneth Extension, State of Utah Trust Responsibilities

March 1, 1983, ch. 160,47 Stat. 1418,1419

May 17, 1968, Pub. L. 90–306, 82 Stat. 121.

AN ACT

To permanently set aside certain lands in Utah as an addition to the Navajo Indian Reservation, 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 vacant, unreserved, and undisposed of public lands within the areas in the southern part of the State of Utah, bounded as follows: Beginning at a point where the San Juan River intersects the one hundred and tenth degree of west longitude; thence down said river to its confluence with the Colorado River; thence down the Colorado River to a point where said river crosses the boundary line between Utah and Arizona; thence east along said boundary line to the one hundred and tenth degree of west longitude; thence north to the place of beginning; also beginning at a point where the west rim of Montezuma Creek or wash intersects the north boundary line of the Navajo Indian Reservation in Utah; thence northerly along the western rim of said creek or wash to a point where it intersects the section line running east and west between sections 23 and 26, township 39 south, range 24 east, Salt Lake base and meridian in Utah; thence eastward along said section line to the northwest section corner of section 26, township 39 south, range 25 east; thence south one mile along the section line between sections 25 and 26 to the southeast section corner of section 26, township 39 south, range 25 east; thence eastward along the section line between sections 25 and 36, township 39 south, range 25 east, extending through township 39 south, range 26 east, to its intersection with the boundary line between Utah and Colorado; thence south along said boundary line to its intersection with the north boundary line of the Navajo Indian Reservation; thence in a westerly direction along the north boundary line of said reservation to the point of beginning be, and the same are hereby, permanently withdrawn from all forms of entry or disposal for the benefit of the Navajo and such other Indians as the Secretary of the Interior may see fit to settle thereon: Provided, That no further allotments of lands to Indians on the public domain shall be made in San Juan County, Utah, for the health, education, and general welfare of the Navajo Indians residing in San Juan County. Planning for such expenditures shall be done in cooperation with the appropriate departments, bureaus, commissions, divisions, and agencies of the United States, the State of Utah, the county of San Juan in Utah, and the Navajo Tribe, insofar as it is reasonably practicable, to accomplish the objects and purposes of this Act. Contribution may be made to projects and facilities within said area that are not exclusively for the benefits of the beneficiaries hereunder in proportion to the benefits to be received therefrom by said beneficiaries, as may be determined by the State of Utah through its duly authorized officers, commissions, or agencies. An annual report of its accounts, operations, and recommendations concerning the funds received hereunder shall be made by the State of Utah, through its duly authorized officers, commissions, or agencies, to the Secretary of the Interior and to the Area Director of the Bureau of Indian Affairs for the information of said beneficiaries.

(Later amended May 17, 1968)

Arizona Land Consolidation; Authority for Future New Lands

Arizona Boundary Act of June 14, 1934 (part of land consolidation)

June 14, 1934, ch. 521, 48 Stat. 960–962

AN ACT

To define the exterior boundaries of the Navajo Indian Reservation in Arizona, and for other purposes.

SEC. 2. The Secretary of the Interior is hereby authorized in his discretion, under rules and regulations to be prescribed by him, to accept relinquishments and reconveyance to the United States of such privately owned lands, as in his opinion are desirable for and should be reserved for the use and benefit of the Navajo Tribe of Indians, including patented and nonpatented Indian allotments and selections, within the counties of Apache, Navajo, and Coconino, Arizona; and any Indian so relinquishing his or her right shall be entitled to make lieu selections within the areas consolidated for Indian purposes by this Act. Upon conveyance to the United States of a good and sufficient title to any such privately owned land, except Indian allotments and selections, the owners thereof, or their assigns, are hereby authorized, under regulations of the Secretary of the Interior, to select from the unappropriated, unreserved, and nonmineral public lands of the United States within said counties in the State of Arizona lands approximately equal in value to the lands thus conveyed, and where surrendered lands contain springs or living waters, selection of other lands taken in lieu thereof may be of like character or quality, such values to be determined by the Secretary of the Interior, who is hereby authorized to issue patents for the lieu lands so selected. In all selections of lieu lands under section 2 of this Act notice to any interested party shall be by publication. Any privately owned lands relinquished to the United States under section 2 of this Act shall be held in trust for the Navajo Tribe of Indians; and relinquishments in Navajo County, Arizona, excluding Indian allotments and selections, shall not extend south of the township line between townships 20 and 21 north, Gila and Salt River base and meridian. The State of Arizona may relinquish such tracts of school land within the boundary of the Navajo Reservation, as defined by section 1 of this Act, as it may see fit in favor of said Indians, and shall have the right to select other unreserved and nonmineral public lands contiguous or noncontiguous, located within the three counties involved equal in value to that relinquished, said lieu selections to be made in the same manner as is provided for in the Arizona Enabling Act of June 20, 1910 (36 Stat. L. 558), except as to the payment of fees or commissions which are hereby waived. Pending the completion of exchanges and consolidations authorized by section 2 of this Act, no further allotments of public lands to Navajo Indians shall be made in the counties of Apache, Navajo and Coconino, Arizona, nor shall further Indian homesteads be initiated or allowed in said counties to Navajo Indians under the Act of July 4, 1884 (23 Stat. L. 96 [43 U.S.C. § 190]); and thereafter should allotments to Navajo Indians be made within the above-named counties, they shall be confined to land within the boundaries defined by section 1 of this Act.

SEC. 4. For the purpose of purchasing privately owned lands, together with the improvements thereon, within the boundaries above defined, there is hereby authorized to be appropriated, from any funds in the Treasury not otherwise appropriated, the sum of $481,879.38, which sum shall be reimbursable from funds accruing to the Navajo tribal funds as and when such funds accrue and shall remain available until expended: Provided, That title to the land so purchased may, in the discretion of the Secretary of the Interior, be taken for the surface only: Provided further, That said funds may be used in purchasing improvements on any land within said boundaries or on leased State school land within the boundaries above defined, provided the State of Arizona agrees to the assignment of said leases to the Navajo Tribe of Indians on a renewable and preferential basis, and provided the Legislature of said State enacts such laws as may be necessary to avail itself of the exchange provisions contained in section 2 of this Act, and disclaim any right, title or interest in and to any improvements on said lands.

Approved, June 14, 1934.

Mineral Land Increases and Leases

Act of July 10, 1940 - Authorize exchanges for private mineral land

1940. Exchange of lands for privately owned mineral lands

July 10, 1940, ch. 565, 54 Stat. 746

AN ACT

To authorize exchanges of lands within the Navajo Indian Reservation, Arizona.

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 be, and he is hereby, authorized, in his discretion, to exchange tribal lands within the Navajo Indian Reservation in Arizona for privately owned mineral lands of approximately equal value within the boundary of such reservation. Upon conveyance to the United States in trust for the Navajo Indians of the lands being acquired by the United States, the Secretary of the Interior is authorized to issue a patent in fee covering the lands granted in exchange: Provided, That the sufficiency of title to all such lands acquired by the United States shall be approved by the Secretary of the Interior.

Approved, July 10, 1940.

Irrigation and Water Supply

Act of Jul 12, 1960 - Transfer title of irrigation projects to Navajo Tribe

July 12, 1960, Pub. L. 86–636, 74 Stat. 470

AN ACT

To authorize the transfer to the Navajo Tribe of irrigation project works on the Navajo Reservatiotn, and for other purposes.

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 authorized to transfer to the Navajo Tribe all of the right, title, and interest of the United States to any irrigation project works, except the Reservoir Canyon and Moencopi Tuba project works, constructed or under construction by the United States within the Navajo Reservation prior to the date of approval of this Act, including machinery, equipment, tools, supplies, buildings, facilities, and improvements which are usable for the care, operation, and maintenance of such works and which are not needed for the continued efficient operation of the irrigation construction program within the Navajo Reservation: Provided, That no such transfer shall be made without the prior approval of the Navajo Tribe: Provided further, That the exclusion of Reservoir Canyon and Moencopi Tuba works from the scope of this Act shall not be construed to affect in any way present ownership of or right to use the land and water thereof.

SEC. 2. Prior to or at the time of each such transfer, the Secretary and the chairman of the Navajo Tribal Council shall agree on the number of Department of Interior personnel who shall be provided by the Secretary to train tribal personnel and to assist in operating irrigation project works transferred to the tribe until such time as tribal personnel are trained and qualified to assume full responsibility for any such irrigation project works. The Secretary and the chairman shall also agree on the time during which such Department personnel shall be provided. The cost of their employment shall be paid by the tribe.

SEC. 3. The transfer to the Navajo Tribe pursuant to this Act of any irrigation project works located in whole or in part within the boundaries of the reservation established by executive order dated December 16, 1882, for the use and occupancy of the Moqui (Hopi) and such other Indians as the Secretary of the Interior may see fit to settle thereon shall not be construed to affect in any way the merits of the conflicting claims of the Navajo and the Hopi Indians to the use or ownership of the lands within said 1882 reservation.

SEC. 4. The irrigation project works transferred to the tribe pursuant to this Act and the land on which such works are located, shall be subject to no restriction on use, management, or disposition because of Indian ownership, but any such lands and project works and the income therefrom shall be exempt from all forms of taxation as long as, but no longer than, such lands and irrigation project works remain in the ownership of the Navajo Tribe or in the ownership of a legal entity controlled by the Navajo Tribe or its membership, unless otherwise provided by Congress.

Approved, July 12, 1960.

Act of Jun 13, 1962 - Diversion of Water in Navajo and San Juan-Chama Irrigation Projects

June 13, 1962, Pub. L. 87–483, 76 Stat. 96; 43 U.S.C. § 615ii et seq.

AN ACT

To authorize the Secretary of the Interior to construct, operate, and maintain the Navajo Indian irrigation project and the initial stage of the San Juan–Chama project as participating projects of the Colorado River storage project, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purposes of furnishing water for the irrigation of irrigable and arable lands and for municipal, domestic, and industrial uses, providing recreation and fish and wildlife benefits, and controlling silt, and for other beneficial purposes, the Congress approves as participating projects of the Colorado River storage project (Act of April 11, 1956, 70 Stat. 105, as amended, 43 U.S.C. 620–620o) the Navajo Indian irrigation project, New Mexico, and the initial stage of the San Juan– Chama project, Colorado–New Mexico. The Navajo Indian irrigation project and the initial stage of the San Juan–Chama project herein approved are substantially those described in the proposed coordinated report of the Acting Commissioner of Reclamation and the Commissioner of Indian Affairs, approved and adopted by the Secretary of the Interior on October 16, 1957, as conditioned, modified, and limited herein.

NAVAJO INDIAN IRRIGATION PROJECT

SEC. 2. Pursuant to the provisions of the Act of April 11, 1956, as amended, the Secretary of the Interior is authorized to construct, operate, and maintain the Navajo Indian irrigation project for the principal purpose of furnishing irrigation water to approximately one hundred and ten thousand six hundred and thirty acres of land, said project to have an average annual diversion of five hundred and eight thousand acre-feet of water and the repayment of the costs of construction thereof to be in accordance with the provisions of said Act of April 11, 1956, as amended, including, but not limited to, section 4(d) thereof.

SEC. 3. (a) In order to provide for the most economical development of the Navajo Indian irrigation project, the Secretary shall declare by publication in the Federal Register that the United States of America holds in trust for the Navajo Tribe of Indians any legal subdivisions or unsurveyed tracts of federally owned land outside the present boundary of the Navajo Indian Reservation in New Mexico in townships 28 and 29 north, ranges 10 and 11 west, townships 27 and 28 north, ranges 12 and 13 west, townships 26 and 27 north, range 11 west, and townships 24, 25, and 26 north, ranges 12 and 13 west, New Mexico principal meridian, susceptible to irrigation as part of the project or necessary for location of any of the works or canals of such project: Provided, however, That no such legal subdivision or unsurveyed tract shall be so declared to be held in trust by the United States for the Navajo Tribe until the Navajo Tribe shall have paid the United States the full appraised value thereof: And provided further, That in making appraisals of such lands the Secretary shall consider their values as of the date of approval of this Act, excluding therefrom the value of minerals subject to leasing under the Act of February 25, 1920, as amended (30 U.S.C. 181–286), and such leasable minerals shall not be held in trust for the Navajo Tribe but shall continue to be subject to leasing under the Act of February 25, 1920, as amended, after the lands containing them have been declared to be held in trust by the United States for the Navajo Tribe.

(b) The Navajo Tribe is authorized to convey to the United States, and the Secretary shall accept on behalf of the United States, title to any land or interest in land within the above-described townships, susceptible to irrigation as part of the Navajo Indian irrigation project or necessary for location of any of the works or canals of such project, acquired in fee simple by the Navajo Tribe, and after such conveyance said land or interest in land shall be held in trust by the United States for the Navajo Tribe as a part of the project.

(c) The Secretary is authorized to acquire by purchase, exchange, or condemnation any other land or interest in land within the townships above described susceptible to irrigation as part of the Navajo Indian irrigation project or necessary for location of any of the works or canals of such project. After such acquisition, said lands or interest in lands shall be held by the United States in trust for the Navajo Tribe as part of this project.

(d) Each permit that is in effect on lands declared to be held in trust for the Navajo Tribe pursuant to section 3(a) of this Act shall continue in effect for the term thereof unless the land is needed for irrigation purposes, subject to regulations applicable to permits of Indian lands, and upon its expiration it shall only be renewed on an annual basis until the land is required for irrigation purposes. When, in the judgment of the Secretary of the Interior, such land is required for irrigation purposes. When, in the judgment of the Secretary of the Interior, such land is required for irrigation purposes, the Secretary shall notify the permittee and the permit shall be deemed to be canceled, with no right of appeal. The permittee shall be compensated by the Navajo Tribe for the reasonable value of any range improvements of a permanent nature placed on the lands under authority of a permit or agreement with the United States, as determined by the Secretary of the Interior. Amounts paid to the United States by the Navajo Tribe out of Tribal funds for the full appraised value of lands declared to be held in trust for the Navajo Tribe pursuant to section 3(a) of this Act shall be reduced by the amount of compensation paid by the Navajo Tribe to permittees pursuant to this subsection.

SEC. 4. In developing the Navajo Indian irrigation project, the Secretary is authorized to provide capacity for municipal and industrial water supplies or miscellaneous purposes over and above the diversion requirements for irrigation stated in section 2 of this Act, but such additional capacity shall not be constructed and no appropriation of funds for such construction shall be made until contracts have been executed which, in the judgment of the Secretary, provide satisfactory assurance of repayment of all costs properly allocated to the purposes aforesaid with interest as provided by law.

SEC. 5. Payment of operation and maintenance charges of the irrigation features of the Navajo Indian irrigation project shall be in accordance with the provisions of the Act of August 1, 1914 (38 Stat. 582, 583), as amended (25 U.S.C. 385): Provided, That the Secretary may transfer to the Navajo Tribe of Indians the care, operation, and maintenance of all or any part of the project works, subject to such rules and regulations as he may prescribe and, in such event, the Secretary may transfer to the Navajo Tribe title to movable property necessary to the operation and maintenance of those works.

SEC. 6. For the period ending ten years after completion of construction of the Navajo Indian irrigation project no water from the project shall be delivered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in section 408(c) of the Agricultural Act of 1949 (63 Stat. 1056, 7 U.S.C. 1428), or any amendment thereof, if the total supply of such commodity for the marketing year in which the bulk of the crop would normally be marketed is in excess of the normal supply as defined in section 301(b)(10) of the Agricultural Adjustment Act of 1938 (52 Stat. 41), as amended (7 U.S.C. 1281), unless the Secretary of Agriculture calls for an increase in production of such commodity in the interest of national security.

SEC. 7. There are hereby authorized to be appropriated to the Bureau of Indian Affairs such sums as may be required to construct the Navajo Indian Irrigation project, including the purchase of lands under section 3, subsection (c), of this Act, but not more than $206,000,000 (April 1970 prices) plus or minus such amounts, if any, as may be required by reason of changes in construction costs as indicated by engineering cost indices applicable to the types of construction involved therein.

SAN JUAN-CHAMA RECLAMATION PROJECT

(INITIAL STAGE)

SEC. 8. Pursuant to the provisions of the Act of April 11, 1956, as amended, the Secretary is authorized to construct, operate, and maintain the initial stage of the San Juan–Chama project, Colorado–New Mexico, for the principal purposes of furnishing water supplies to approximately thirty-nine thousand three hundred acres of land in the Cerro, Taos, Llano, and Pojoaque tributary irrigation units in the Rio Grande Basin and approximately eighty-one thousand six hundred acres of land in the existing middle Rio Grande Conservancy District and for municipal, domestic, and industrial uses, and providing recreation and fish and wildlife benefits. The diversion facilities of the initial stage authorized herein shall be so constructed and operated as to divert only natural flow of the Navajo, Little Navajo, and Blanco Rivers in Colorado as set forth in the supplemental project report dated May, 1957. The principal engineering works of the initial stage development, involving three major elements, shall include diversion dams and conduits, storage and regulation facilities at the Heron Numbered 4 Reservoir site, enlarged outlet works of the existing El Vado Dam, and water use facilities consisting of reservoirs, darns, canals, lateral and drainage systems, and associated works and appurtenances. The construction of recreation facilities at the Nambe Reservoir shall be contingent upon the Secretary’s making appropriate arrangements with the governing body of the Nambe Pueblo for the operation and maintenance of such facilities, and the construction of recreation facilities at the Heron Numbered 4, Valdez, and Indian Camp Reservoirs shall be contingent upon his making appropriate arrangements with a State or local agency or organization for the operation and maintenance of those facilities: Provided, That:

(a) The Secretary shall so operate the initial stage of the project authorized herein that diversions to the Rio Grande Valley shall not exceed one million three hundred and fifty thousand acre-feet of water in any period of ten consecutive years, reckoned in continuing progressive series starting with the first day of October after the project shall have commenced operation: Provided, however, That not more than two hundred and seventy thousand acre-feet shall be diverted in any one year;

(b) the Secretary shall operate the project so that there shall be no injury, impairment, or depletion of existing or future beneficial uses of water within the State of Colorado, the use of which is within the apportionment made to the State of Colorado by article III of the Upper Colorado River Basin compact, as provided by article IX of the Upper Colorado River Basin compact and article IX of the Rio Grande compact;

(c) all works of the project shall be constructed so as to permit compliance physically with all provisions of the Rio Grande compact, and all such works shall be operated at all times in conformity with said compact;

(d) the amount of water diverted in the Rio Grande Basin for uses served by the San Juan–Chama project shall be limited in any calendar year to the amount of imported water available to such uses from importation to and storage in the Rio Grande Basin in that year;

(e) details of project operation essential to accounting for diverted San Juan and Rio Grande flows shall be developed through the joint efforts of the Rio Grande Compact Commission, the Upper Colorado River Commission, the appropriate agencies of the United States and of the States of Colorado, New Mexico, and Texas, and the various project entities. In this connection the States of Texas and New Mexico shall agree, within a reasonable time, on a system of gauging devices and measurements to secure data necessary to determine the present effects of tributary irrigation, as well as present river channel losses: Provided, That if the State of Texas shall require, as a condition precedent to such agreement, gauging devices and measurements in addition to or different from those considered by the Department of the Interior and the State of New Mexico to be necessary to this determination, the State of Texas shall pay one-half of all costs of constructing and operating such additional or different devices and making such additional or different measurements which are not borne by the United States. The results of the action required by this subsection shall be incorporated in a written report transmitted to the States of Colorado, Texas, and New Mexico for comment in the manner provided in the Flood Control Act of 1944 before any appropriation shall be made for project construction;

(f) The Secretary shall operate the project so that for the preservation of fish and aquatic life the flow of the Navajo River and the flow of the Blanco River shall not be depleted at the project diversion points below the values set forth at page D2–7 of appendix D of the United States Bureau of Reclamation report entitled “San Juan–Chama Project, Colorado–New Mexico”, dated November 1955;

(g) The Secretary is hereby authorized to construct the tunnel and conduit works of the initial stage of the San Juan–Chama project with sufficient capacity for future diversion of an average of two hundred and thirty-five thousand acre-feet per annum: Provided, however, That nothing contained in this Act shall be construed as committing the Congress of the United States to future authorization of any additional stage of the San Juan– Chama

SEC. 9. For the period ending ten years after completion of construction of the initial stage of the San Juan–Chama project no water from the project shall be delivered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in section 408(c) of the Agricultural Act of 1949 (63 Stat. 1056, 7 U.S.C. 1428), or any amendment thereof, if the total supply of such commodity for the marketing year in which the bulk of the crop would normally be marketed is in excess of the normal supply as defined in section 301(b)(10) of the Agricultural Adjustment Act of 1938 (52 Stat. 41), as amended (7 U.S.C. 1281), unless the Secretary of Agriculture calls for an increase in production of such commodity in the interest of national security.

SEC. 10. The amount which section 12 of Act of April 11, 1956, authorizes to be appropriated is hereby increased by $85,828,000 (June 1961 prices) plus or minus such amounts, if any, as may be required by reason of changes in construction costs as indicated by engineering cost indices applicable to the types of construction involved, which increase shall be available solely for construction of the San Juan–Chama project and shall not be used for any other purpose.

GENERAL

SEC. 11. (a) No person shall have or be entitled to have the use for any purpose, including uses under the Navajo Indian irrigation project and the San Juan–Chama project authorized by sections 2 and 8 of this Act, of water stored in Navajo Reservoir or of any other waters of the San Juan River and its tributaries originating above Navajo Reservoir to the use of which the United States is entitled under these projects except under contract satisfactory to the Secretary and conforming to the provisions of this Act. Such contracts, which, in the case of water for Indian uses, shall be executed with the Navajo Tribe, shall make provision, in any year in which the Secretary anticipates a shortage, taking into account both prospective runoff originating above Navajo Reservoir and the available water in storage in Navajo Reservoir, for a sharing of the available water in the following manner: The prospective runoff shall be apportioned between the contractors diverting above and those diverting at or below Navajo Reservoir in the proportion that the total nominal diversion requirement of each group bears to the total of all normal diversion requirements. In the case of contractors diverting above Navajo Reservoir, each such contract shall provide for a sharing of the runoff apportioned to said group in the same proportion as the normal diversion requirement under said contract bears to the total normal diversion requirements of all such contracts that have been made hereunder: Provided, That for any year in which the foregoing sharing procedure either would apportion to any contractor diverting above Navajo Reservoir an amount in excess of the runoff anticipated to be physically available at the point of his diversion, or would result in no water being available to one or more such contractors, the runoff apportioned to said group shall be reapportioned, as near as may be, among the contractors diverting above Navajo Reservoir in the proportion that the normal diversion requirements of each bears to the total normal diversion requirements of the group. In the case of contractors diverting from or below Navajo Reservoir, each such contract shall provide for a sharing of the remaining runoff together with the available storage in the same proportion as then normal diversion requirement under said contract bears to the total normal diversion requirements under all such contracts that have been made hereunder.

The Secretary shall not enter into contracts for a total amount of water beyond that which, in his judgment, in the event of shortage, will result in a reasonable amount being available for the diversion requirements for the Navajo Indian irrigation project and the initial stage of the San Juan–Chama project as specified in sections 2 and 8 of this Act.

No long-term contract, except contracts for the benefit of the lands and for the purposes specified in sections 2 and 8 of this Act, shall be entered into for the delivery of water stored in Navajo Reservoir or of any other waters of the San Juan River and its tributaries, as aforesaid, until the Secretary has determined by hydrologic investigations that sufficient water to fulfill said contract is reasonably likely to be available for use in the State of New Mexico during the term thereof under the allocations made in articles III and XIV of the Upper Colorado River Basin compact, and has submitted such determination to the Congress of the United States and the Congress has approved such contracts: Provided, That nothing contained in the foregoing shall be construed to forbid the Secretary from entering into temporary water supply contracts in the San Juan River Basin for any year in which he determines that water legally available for use in the upper basin of the Colorado River system would otherwise not be used there and is not needed to fulfill the obligations of the upper division States with respect to delivery of water at Lee Ferry.

(b) If contracts are entered into for delivery from storage in Navajo Reservoir of water not covered by subsection (a) of this section, such contracts shall be subject to the same provision for sharing of available water supply in the event of shortage as in the case of contracts required to be made pursuant to subparagraph (a) of this

(c) This section shall not be applicable to the water requirements of the existing Fruitland, Hogback, Cudai, and Cambridge Indian irrigation projects, nor to the water required in connection with the extension of the irrigated acreages of the Fruitland and Hogback Indian irrigation projects in a total amount of approximately eleven thousand

SEC. 12. (a) None of the project works or structures authorized by this Act shall be so operated as to create, implement, or satisfy any preferential right in the United States or any Indian tribe to the waters impounded, diverted, or used by means of such project works or structures, other than contained in those rights to the uses of water granted to the States of New Mexico or Arizona pursuant to the provisions of the Upper Colorado River basin compact.

(b) The projects authorized by this Act shall be so operated that no waters shall be diverted or used by means of the project works, which, together with all other waters used in or diverted from the San Juan River Basin in New Mexico, will exceed the water available to the States of New Mexico and Arizona under the allocation contained in article III of the Upper Colorado River Basin compact for any water year.

SEC. 13. (a) The use of water, including that diverted from the Colorado River system to the Rio Grande Basin, through works constructed under authority of this Act, shall be subject to and controlled by the Colorado River compact, the Upper Colorado River Basin compact, the Boulder Canyon Project Act, the Boulder Canyon Project Adjustment Act, the Colorado River Storage Project Act, and the Mexican Water Treaty (Treaty Series 994), and shall be included within and shall in no way increase the total quantity of water to the use of which the State of New Mexico is entitled and limited under said compacts, statutes, and treaty, and every contract entered into under this Act for the storage, use, and delivery of such water shall so recite.

(b) All works constructed under authority of this Act, and all officers, employees, permittees, licensees, and contractees of the United States and of the State of New Mexico acting pursuant thereto and all users and appropriators of water of the Colorado River system diverted or delivered through the works constructed under authority of this Act and any enlargements or additions thereto shall observe and be subject to said compacts, statutes, and treaty, as hereinbefore provided, in the diversion, delivery, and use of water of the Colorado River system, and such condition and covenant shall attach as a matter of law whether or not set out or referred to in the instrument evidencing such permit, license, or contract and shall be deemed to be for the benefit of and be available to the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming and the users of water therein or thereunder by way of suit, defense, or otherwise in any litigation respecting the water of the Colorado River system.

(c) No right or claim of right to the use of the waters of the Colorado River system shall be aided or prejudiced by this Act, and Congress does not, by its enactment, construe or interpret any provision of the Colorado River compact, the Upper Colorado River Basin compact, the Boulder Canyon Project Act, the Boulder Canyon Project Adjustment Act, the Colorado River Storage Project Act, or the Mexican Water Treaty or subject the United States to, or approve or disapprove any interpretation of, said compacts, statutes, or treaty, anything in this Act to the contrary notwithstanding.

SEC. 14. In the operation and maintenance of all facilities under the jurisdiction and supervision of the Secretary of the Interior authorized by this Act, the Secretary is directed to comply with the applicable provisions of the Colorado River compact, the Upper Colorado River Basin compact, the Boulder Canyon Project Act, the Boulder Canyon Project Adjustment Act, the Colorado River Storage Project Act and the treaty with the United Mexican States in the storage and release of water from reservoirs in the Colorado River Basin. In the event of the failure of the Secretary of the Interior to so comply, any State of the Colorado River Basin may maintain an action in the Supreme Court of the United States to enforce the provisions of this section, and consent is given to the joinder of the United States as a party in such suit or suits, as a defendant or otherwise.

SEC. 15. The Secretary of the Interior is directed to continue his studies of the quality of water of the Colorado River system, to appraise its suitability for municipal, domestic, and industrial use and for irrigation in the various areas in the United States in which it is used or proposed to be used, to estimate the effect of additional developments involving its storage and use (whether heretofore authorized or contemplated for authorization) on the remaining water available for use in United States, to study all possible means of improving the quality of such water and of alleviating the ill effects of water of poor quality, and to report the results of his studies and estimates to the Eighty-seventh Congress and every two years thereafter.

SEC. 16. (a) The diversion of water for either or both of the projects authorized in this Act shall in no way impair or diminish the obligation of the “States of the upper division” as provided in article III(D) of the Colorado River compact “not to cause the flow of the river at Lee Ferry to be depleted below an aggregate of seventy-five million acre-feet for any period of ten consecutive years reckoned in continuing progressive series beginning with the first day of October next succeeding the ratification of this compact”.

(b) The diversion of water for either or both of the projects authorized in this Act shall in no way impair or diminish the obligation of the “States of the upper division” to meet their share of the Mexican Treaty burden as provided in article III(C) of the Colorado River compact.

SEC. 17. Section 12 of the Act of April 11, 1956, shall not apply to the works authorized by this Act except as otherwise provided by section 10 of this Act.

SEC. 18. The Act of April 11, 1956, as amended, is hereby further amended as follows: (i) In section 1, subsection (2), after the words “Central Utah (initial phase)” delete the colon and insert in lieu thereof a comma and the words “San Juan–Chama (initial stage),” and after the word “Lyman” insert the words “Navajo Indian,”; (ii) in section 2 delete the words “San Juan–Chama, Navajo,” from the first sentence; (iii) in section 5, subsection (e), in the phrase “herein or hereinafter authorized” delete the word “hereinafter” and insert in lieu thereof the word “hereafter”; (iv) in section 7 in the phrase “and any contract lawfully entered unto under said compacts and Acts” delete the word “unto” and insert in lieu thereof the word “into”.

Approved, June 13, 1962; amended September 25, 1970, Pub. L. 91–416; 84 Stat.

867; 43 U.S.C. § 615kk, 615oo.

History

Water standards. Act September 25, 1970, Pub. L. 91–416; 84 Stat. 867, provided in § 2: “The Navajo Indian irrigation project shall be operated in such manner that identifiable flows of water will not cause the project to be in violation of water quality standards promulgated pursuant to the Water Quality Act of 1965 (79 Stat. 903).”

Post-WWII

developing . . .

Act of May 29, 1944 - Add by exchange 6 acres of Mission land in Apache County, AZ

May 29, 1944, ch. 212, 58 Stat. 257

AN ACT

To authorize the Secretary of the Interior to exchange certain lands within the Navajo Indian Reservation, Arizona.

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 to exchange approximately six acres of Navajo Tribal land located in section 26, township 27 north, range 26 east, Gila and Salt River meridian, Apache County, Arizona, for a tract of Mission land containing approximately four and fourteen-one-hundredths acres in section 27, township 27 north, range 26 east, Gila and Salt River meridians, Apache County, Arizona, being a portion of the land fee patented to the Woman’s Board of Home Missions of the Presbyterian Church in the United States of America.

SEC. 2. Title to the land received in the exchange shall be satisfactory to the Secretary of the Interior and shall be taken in the name of the United States of America in trust for the Navajo Indian Tribe.

Approved, May 29, 1944.

Act of Apr 28, 1948 - Authorize patent in fee in southern UT to Southwest Indian Mission

1948. Sale of certain lands to Southwest Indian Mission

April 28, 1948, ch. 238, 62 Stat. 203, 204

AN ACT

To authorize the sale of certain public lands in San Juan County, Utah, to the Southwest Indian Mission, Incorporated.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Southwest Indian Mission, Incorporated, is hereby authorized for a period of one year from and after the effective date of this Act to file with the Secretary of the Interior an application to purchase, and the Secretary of the Interior is hereby authorized and directed to issue a patent to it, for use by Saint Christopher’s Mission to the Navajo, for the following-described lands in San Juan County, Utah: The east half of the southeast quarter of the southeast quarter of section 20, the west half of the southwest quarter of the southwest quarter of section 21, lot

4 and the northwest quarter of the northwest quarter of section 28 and lots 1, 2, and 5 of section 29, township 40 south, range 22 east, Salt Lake meridian, containing one hundred and sixty-five and five-tenths acres.

SEC. 2. The patent shall not be issued until after payment has been made by the Southwest Indian Mission, Incorporated, to the Secretary of the Interior for the land at its reasonable appraised price of not less than $1.25 per acre, to be determined by the Secretary in accordance with the provisions of the Act of December 22, 1928 (45 Stat. 1069 [43 U.S.C. §§ 1068, 1068a]). The patent shall reserve to the United States all of the oil, gas, and all other mineral deposits in the land, together with the right to prospect for, mine, and remove the same under such regulations as the Secretary of the Interior may prescribe.

Approved, April 28, 1948.

Act of Sept 7, 1949 - Issue surface patent in fee to State of Utah for 640 acres

September 7, 1949, ch. 567, 63 Stat. 695

AN ACT

To authorize the Secretary of the Interior to exchange certain Navajo tribal Indian land for certain Utah State land.

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 authorized, with the consent of the governing body of the Navajo Indian Tribe, to exchange the surface rights in Navajo tribal Indian land described as the south half southwest quarter section 24; northwest quarter, northeast quarter, southeast quarter, and north half southwest quarter section 25, township 43 south, range 15 east, S. L. B.& M., containing six hundred and forty acres, more or less, for the surface rights in land of the State of Utah described as all of section 32, township 43 south, range 16 east, S. L. B. M., all in San Juan County, Utah. Title to the Indian land exchanged shall be transferred by the Secretary of the Interior to the State of Utah by the issuance of a patent in fee. Title to the State lands to be conveyed to the Indians shall be taken in the name of the United States in trust for the Navajo and such other Indians as the Secretary of the Interior may see fit to settle thereon, and shall be satisfactory to the Secretary of the Interior.

SEC. 2. In the event the lands acquired by the State of Utah under the provisions of this Act shall be used for airport purposes, members of the Navajo Tribe of Indians shall be given preference in employment in every phase of construction, operation, and maintenance of the airport for which they are qualified, notwithstanding any provisions to the contrary contained in the Federal Airport Act of May 13, 1946 (60 Stat. 170 [49 U.S.C. § 1101 et seq.]), or any other Act of Congress.

Approved, September 7, 1949.

Act of Jun 20, 1950 - Add 13,150 acres of military land at Ft. Wingate NM to reservation

June 20, 1950, ch. 320, 64 Stat. 248

AN ACT

To make available for Indian use certain surplus property at the Wingate Ordnance Depot, New Mexico

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Army is hereby authorized and directed to transfer to the Department of the Interior, for use by the Bureau of Indian Affairs, that portion of the Fort Wingate Military Reservation, New Mexico, comprising approximately thirteen thousand one hundred and fifty acres, heretofore determined to be surplus to the requirements of the Department of the Army. Title to the land so transferred shall remain in the United States for the use of the Bureau of Indian Affairs.

SEC. 2. All contractual rights and all property, right, title, and interest of the United States in and with respect to structures and improvements in Veterans Temporary Housing Project NM–VN–29166, located on land of the Navajo Tribe of Indians, and known as Wingate Navajo Village, Gallup, New Mexico, are hereby relinquished and transferred to the Navajo Tribe of Indians. After the date of enactment of this Act, the provisions of the Act entitled “An Act to expedite the provision of housing in connection with national defense, and for other purposes”, approved October 14, 1940 (54 Stat. 1125 [42 U.S.C. § 1521 et seq.]), as amended, shall not apply to said temporary housing project.

Approved, June 20, 1950.

Act of July 22, 1956 - Authorization to tribes to file claims on 1882 E.O. disputed areas

1958, Pub. L. 85–547, 72 Stat. 402

AN ACT

To determine the rights and interests of the Navaho Tribe, Hopi Tribe, and individual Indians to the area set aside by Executive order of December 16, 1882, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That lands described in the Executive order dated December 16, 1882, are hereby declared to be held by the United States in trust for the Hopi Indians and such other Indians, if any, as heretofore have been settled thereon by the Secretary of the Interior pursuant to such Executive order. The Navaho Indian Tribe and the Hopi Indian Tribe, acting through the chairmen of their respective tribal councils for and on behalf of said tribes, including all villages and clans thereof, and on behalf of any Navaho or Hopi Indians claiming an interest in the area set aside by Executive order dated December 16, 1882, and the Attorney General on behalf of the United States, are each hereby authorized to commence or defend in the United States District Court for the District of Arizona an action against each other and any other tribe of Indians claiming any interest in or to the area described in such Executive order for the purpose of determining the rights and interests of said parties in and to said lands and quieting title thereto in the tribes or Indians establishing such claims pursuant to such Executive order as may be just and fair in law and equity. The action shall be heard and determined by a district court of three judges in accordance with the provisions of title 28, United States Code, section 2284, and any party may appeal directly to the Supreme Court from the final determination by such three judge district court.

SEC. 2. Lands, if any, in which the Navaho Indian Tribe or individual Navaho Indians are determined by the court to have the exclusive interest shall thereafter be a part of the Navaho Indian Reservation. Lands, if any, in which the Hopi Indian Tribe, including any Hopi village or clan thereof, or individual Hopi Indians are determined by the court to have the exclusive interest shall thereafter be a reservation for the Hopi Indian Tribe. The Navaho and Hopi Tribes, respectively, are authorized to sell, buy, or exchange any lands within their reservations, with the approval of the Secretary of the Interior, and any such lands acquired by either tribe through purchase or exchange shall become a part of the reservation of such tribe.

SEC. 3. Nothing in this Act shall be deemed to be a congressional determination of the merits of the conflicting tribal or individual Indian claims to the lands that are subject to adjudication pursuant to this Act, or to affect the liability of the United States, if any, under litigation now pending before the Indian Claims Commission.

Approved, July 22, 1958.

Act of Sept 2, 1958 - Add McCracken Mesa UT; withdraw land for Glenn Canyon Dam (Exchange)

September 2, 1958, Pub. L. 85–868, 72 Stat. 1686–1690

AN ACT

To provide for the exchange of lands between the United States and the Navajo Tribe, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Secretary of the Interior shall, in consideration of and as just compensation for the transfer made by section 2 of this Act as well as for the use and occupancy of the lands therein described under terms of the right-of-way granted March 22, 1957, by the Secretary pursuant to the Act of February 5, 1948 (62 Stat. 17 [25 U.S.C. §§ 323–328]), transfer to the Navajo Tribe so much of the block of public lands (exclusive of the minerals therein, but inclusive of all range improvements constructed thereon) described in subsection (c) of this section, as shall constitute a reasonably compact area equal in acreage to the lands transferred to the United States under section 2, and the lands so transferred shall constitute a part of the Navajo Reservation and shall be held by the United States in trust for the Navajo Tribe and shall be subject to all laws and regulations applicable to that reservation. The owners of range improvements of a permanent nature placed, under the authority of a permit from or agreement with the United States, on lands transferred pursuant to this section shall be compensated for the reasonable value of such improvements, as determined by the Secretary out of appropriations available for the construction of the Glen Canyon unit, Colorado River storage project. To the extent that the Secretary is unable to transfer, from the lands described in subsection (c), lands equal in acreage to the lands transferred to the United States under section 2, because of the existence of valid rights in other parties than the United States (other than the rights described in subsection (d) of this section), he shall transfer to the Navajo Tribe such other available public lands (exclusive of the minerals therein but inclusive of all range improvements thereon) in reasonable proximity to the Navajo Reservation and to the lands described in subsection (c) as the tribe, with the concurrence of the Secretary, may select and as may be necessary to transfer to the tribe equal acreage in exchange for the lands transferred under section 2, and those lands so transferred shall be treated in the same manner as other lands transferred pursuant to this section.

(b) Subject to valid, existing rights, in addition to other requirements under applicable laws and regulations, mineral activities affecting the land transferred pursuant to this section shall be subject to such regulations, which may include, among others, a requirement for the posting of bond or other undertaking, as the Secretary may prescribe for protection of the interests of the Indians. Patents issued with respect to mining claims on the lands transferred pursuant to this section shall be limited to the minerals only, and for a period of ten years after the effective date of this Act, none of the lands described in subsection (c) of this section shall be open to location and entry under the general mining

(c) The block of public lands (which lies to the north and west of the portion of the present Navajo Reservation in San Juan County, Utah, and abuts the reservation’s boundaries within the county) from which the transfer under this section is to be made, is described as follows:

SALT LAKE MERIDIAN

Township 38 south, range 23 east: Sections 26, 33, 34, and 35.

Township 38 south, range 24 east: Section 28; section 29, east half; sections 31, 33, 34, and 35.

Township 39 south, range 22 east: Sections 13, 24, 25, and 35, those portions lying east of Recapture Creek.

Township 39 south, range 23 east: Sections 1, 3, 4, and 5; sections 8 to 15 inclusive; section 17; sections 18 and 19, those portions lying east of Recapture Creek; sections 20 to 31, inclusive, sections 33, 34, and 35.

Township 39 south, range 24 east: Section 1; sections 3 to 15, inclusive; sections 17 to 24, inclusive; sections 26 and 27, those portions lying north and west of the present Navajo Indian Reservation; sections 28, 29, 30, 31, and 33; section 34, that portion lying north and west of the present Navajo Indian Reservation.

Township 39 south, range 25 east: Sections 5, 6, 7, 8, and 18.

Township 40 south, range 22 east: Section 1; sections 11, 12, 13, 23, 24, 25, and 26, those portions lying east of Recapture Creek and north of the present Navajo Indian Reservation.

Township 40 south, range 23 east: Section 1; sections 3 to 15,

inclusive; sections 17 to 23, inclusive; section 26; sections 24, 25, 27, 28, 29, 30, 34, and 35, those portions lying north and west of the present Navajo Indian Reservation.

Township 40 south, range 24 east: Sections 3, 4, 5, those portions lying north and west of the present Navajo Indian Reservation; section 6; sections 7, 8, 18, and 19, those portions lying north and west of the present Navajo Indian Reservation.

(d) The transfer hereinabove provided for shall also be deemed to constitute full and complete satisfaction of any and all rights which are based solely upon Indian use and occupancy or possession claimed by or on behalf of any individual members of the Navajo Tribe in their individual capacities or any groups or identifiable bands thereof to any and all public lands in San Juan County, Utah, outside the exterior boundaries of the Navajo Indian Reservation as the same are described in:

The Act of March 1, 1933 (ch. 160, 47 Stat. 1418);
Executive Order 324A of May 15, 1905;
Executive Order of May 17, 1884; and

all such rights to such lands are hereby extinguished from and after January 1, 1963. Subject to the provision of section 2 of this Act, and subject to valid existing rights, all public lands of the United States within said exterior boundaries of said reservation are hereby declared to be held in trust for the benefit of the Navajo Tribe of Indians. The term “public lands” as used herein shall be deemed to include, but in no way to be limited to lands and the mineral deposits which originally may have been excluded from said reservation by reason of settlement or occupancy or other valid rights then existing, but since relinquished, extinguished, or otherwise terminated. The tribe is hereby authorized to adopt such rules and regulations as it deems appropriate, with the approval of the Secretary, for residence and use of the lands transferred pursuant to this section: Provided, That the tribal council shall give preference until January 1, 1963, in granting residence and use rights to: (1) those Navajos who, prior to the effective date of this Act, have used or occupied the transferred lands and (2) those Navajos who, prior to the effective date of this Act, have used or occupied other public lands in San Juan County, Utah.

(e) Upon application of the Navajo Tribe, the Secretary shall grant to the tribe, to be held in trust by the United States for use of tribal members grazing livestock upon the lands transferred under this section, a nonexclusive easement, of suitable width and location as he determines, for a livestock driveway across the public lands in sections 21, 22, 23, and 24, township 39 south, range 22 east, and in section 19, township 39 south, range 23 east, Salt Lake meridian, to connect with United States Highway Numbered 47. Use of said nonexclusive easement shall be in accordance with regulations prescribed by the Secretary, and future uses and dispositions of the public lands affected shall be subject to said

(f) The transfer of lands to the Navajo Tribe, as provided in this section, shall not affect the status of rights-of-way for public highways traversing such lands, which rights-of-way shall remain available for public use, including the movement of livestock

(g) The Secretary of the Interior shall compensate persons whose grazing permits, licenses or leases covering lands transferred to the Navajo Tribe pursuant to this section are canceled because of such transfer. Such compensation shall be determined in accordance with the standard prescribed by the Act of July 9, 1942, as amended (43 U.S.C. 315q). Such compensation shall be paid from appropriations available for the construction of the Glen Canyon unit, Colorado River storage

SEC. 2. (a) There is hereby transferred to the United States all the right, title, and interest of the Navajo Tribe in and to the lands (exclusive of the minerals therein) described in subsection (b) of this section. These lands shall no longer be “Indian country” within the meaning of title 18, United States Code, section 115, and they shall have the status of public lands withdrawn and being administered pursuant to the federal reclamation laws and shall be subject to all laws and regulations governing the use and disposition of public lands in that status. The rights herein transferred shall not extend to the utilization of the lands hereinafter described under the heading “parcel B” for public recreational facilities without the approval of the Navajo Tribal Council. No permit, lease, license, or other right covering the exploration for or extraction of the minerals herein reserved to the tribe shall be granted or exercised by or on behalf of the tribe except under such conditions and with such restrictions, limitations, or stipulations as the Secretary deems appropriate, in connection with the Glen Canyon unit, to protect the interests of the United States and of its grantees, licensees, transferees, and permittees, and their heirs and assigns. Subject to the mineral rights herein reserved to the tribe as aforesaid, the Secretary may dispose of lots in townsites established on the lands transferred under this section, together with improvements thereon, under such terms and conditions as he determines to be appropriate, including provisions for payment for the furnishing of municipal facilities and services while such facilities and services are provided by the United States and for the establishment of liens in connection therewith, but no disposition shall be at less than the current fair market value, and he may dedicate portions of lands in such townsites, whether or not improved, for public purposes and transfer the land so dedicated to appropriate State or local public bodies and nonprofit corporations. He may also enter into contracts with State or local public bodies and nonprofit corporations whereby either party may undertake to render to the other such services in aid of the performance of activities and functions of a municipal, governmental, or public or quasipublic nature as will, in the Secretary’s judgment, contribute substantially to the efficiency or the economy of the operations of the Department of the Interior in connection with the Glen Canyon unit.

(b) The lands which are transferred under this section are described as follows:

PARCEL A

The following tract of unsurveyed land situated in Arizona: Beginning on the easterly bank of the Colorado River at a point where said easterly bank is intersected by the south line of section 9, township 40 north, range 8 east, Gila and Salt River base and meridian; thence upstream along the said easterly bank of the Colorado River to a point where said bank intersects the east line of section 16, township 41 north, range 9 east, Gila and Salt River base and meridian; thence south along the east line of sections 16, 21, 28, and 33 of said township 41 north, range 9 east, to the south line of said section 33; thence west along the south line of said section 33 to the east line of section 4, township 40 north, range 9 east, Gila and Salt River base and meridian; thence south along the east line of sections 4 and 9 of said township 40 north, range 9 east, to the south line of said section 9; thence west along the south line of sections 9, 8, and 7 of said township 40 north, range 9 east, and along the south line of sections 12, 11, 10, and 9 of said township 40 north, range 8 east, Gila and Salt River base and meridian to the point of beginning.

PARCEL B

The following tract of land in part unsurveyed situated in Arizona and Utah: Beginning at a point where the east line of section 16, township 41 north, range 9 east, Gila and Salt River base and meridian intersects the north boundary of the Navajo Indian Reservation in Arizona; thence upstream in Arizona and Utah along the north boundary of the reservation to a point where said north boundary intersects a contour line the elevation of which is 3,720 mean sea level (United States Coast and Geodetic Survey datum), said point being at approximate river mile 72.7 on the San Juan River above its confluence with the Colorado River, and also being near the east line of township 40 south, range 15 east, Salt Lake base and meridian; thence generally southwesterly within the Navajo Indian Reservation along said contour line the elevation of which is 3,720, to the point where said contour line intersects the east line of section 16, township 41 north, range 9 east, Gila and Salt River base and meridian; thence north along said east line to the point of beginning.

(c) The Secretary and the tribe may enter into such agreements as are appropriate for the utilization, under permits or easements, of such tribal lands, in the vicinity of Rainbow Bridge National Monument, as may be necessary in connection with the carrying out of any measures undertaken to preclude impairment of the monument as provided by section 1 of the Act of April 11, 1956 (70 105 [43 U.S.C. § 620]).

(d) As used in this and in the preceding section of this Act, the term “minerals” shall not be construed to include sand, gravel, or other building or construction

SEC. 3. (a) The State of Utah may convey to the United States title to any State-owned lands within the area described in subsection (b) of this section or subsection (c) of section 1 of this Act as base lands for indemnity selections under sections 2275 and 2276 of the Revised Statutes (43 U.S.C., §§ 851, 852). The Secretary of the Interior shall give priority to indemnity selection applications made pursuant to this subsection by the State of Utah. However, all conveyances made pursuant to this subsection, whether by the United States or by the State of Utah, shall contain a reservation of the minerals to the grantor. Lands conveyed to the United States under this section shall be subject to selection by the Secretary of the Interior, and transfer to, the Navajo Tribe in the same manner as, and under the same terms and conditions as, lands described in subsection (c) of section 1 of this Act. Notwithstanding a conveyance to the United States of State-owned lands in accordance with the provisions of this subsection, such conveyance shall not prevent the Navajo Tribe from asserting, in any manner that would have been available to the tribe if the conveyance had not been made, a claim of title, if any, to the lands conveyed by the State that the tribe asserts is superior to the title asserted by the State of Utah. If a claim of title so asserted by the Navajo Tribe determined to be superior to the title asserted by the State of Utah, and if the Navajo Tribe has selected such lands as a part of the transfer authorized by section 1 of this Act, the Navajo Tribe shall be permitted to select other lands described in subsection (c) of section 1 in lieu thereof.

(b) The lands referred to in subsection (a) of this section and not described in subsection (c) of section 1 of this Act are described as follows:

SALT LAKE MERIDIAN

Township 38 south, range 23 east: section 36.

Township 38 south, range 24 east: section 32.

Township 39 south, range 22 east: section 36.

Township 39 south, range 23 east: sections 2, 16, 32, and 36.

Township 39 south, range 24 east: sections 2, 16, and 32.

Township 40 south, range 22 east: section 2.

Township 40 south, range 23 east: sections 2, 16, and 36.

The right of the State of Utah to make indemnity selections under the terms of this section shall expire five years after the date of approval of this section shall expire five years after the date of approval of this Act

Approved, September 2, 1958.

Act of Aug 13, 1949 - Declare 76,000 acre Canoncito (To'Hajiilee) Navajo tribal trust land status

August 13, 1949, ch. 425, 63 Stat. 604, 605; 25 U.S.C. §§ 621–623

25 U.S.C. § 621. Portions of tribal lands to be held in trust by the United States; remainder to become part of the public domain

Title to the lands and the improvements thereon, lying and situated within the State of New Mexico, which have been acquired by the United States under authority of title II of the National Industrial Recovery Act of June 16, 1933 (48 Stat. 200), the Emergency Relief Appropriation Act of April 8, 1935 (49 Stat. 115), section 55 of Title I of the Act of August 24, 1935 (49 Stat. 750, 781), the Bankhead–Jones Farm Tenant Act (50 Stat. 522, 525) and subsequent emergency relief appropriation Acts administrative jurisdiction over which has heretofore been transferred by the President from the Secretary of Agriculture to the Secretary of the Interior, to be administered through the Commissioner of Indian Affairs for the benefit of the Indians, by Executive Orders Numbered 7792, 7975, 8255, 8471, 8696, and 8472 and that title to the public domain lands and improvements thereon, lying and situated within the State of New Mexico, which were withdrawn in aid of proposed legislation by the Secretary of the Interior on December 23, 1938, and May 31, 1939, and now in use by Pueblo or Canoncito Navajo Indians, excepting those portions thereof used by the United States for administrative purposes, is declared to be in the United States of America in trust for the respective tribes, bands, or groups of Indians occupying and using same as a part of their respective existing reservations, subject to valid existing rights. The remainder of the aforesaid land is declared to be a part of the public domain of the United States and shall be transferred by the Secretary of the Interior to the Bureau of Land Management for administration under the provisions of the Act of Congress of June 28, 1934, generally known as Taylor Grazing Act (48 Stat. 1269, as amended). The boundaries and descriptions of the areas to become Indian lands and those which are to be transferred to the Bureau of Land Management are set out in sections III and IV, respectively, of the memorandum of information which is attached to and a part of the report of the Secretary of the Interior to the Senate Committee on Interior and Insular Affairs on sections 621–623 of this Title, and such boundaries and descriptions are adopted as part of said sections and shall be published in the Federal Register: Provided, That before said boundaries and descriptions are published in the Federal Register as provided in this section, the Secretary of the Interior may correct any clerical errors in section III of said memorandum of information and shall revise the same so as to define the areas on that portion of the lands conveyed by sections 621–623 of this Title and known as Bell Rock Mesa used and occupied respectively by the Laguna Pueblo Indians and the Canoncito Navajo Indians. (August 13, 1949, ch. 425, § 1, 63 Stat. 604.)

History

References in text. Title II of the National Industrial Recovery Act of June 16, 1933, (48 Stat. 200), referred to in text, was formerly classified to 40 U.S.C. §§ 401–414. These sections were terminated by the provisions of act June 27, 1942, ch. 450, § 101, 56 Stat. 410.

The Emergency Relief Appropriation Act of April 8, 1935 (49 Stat. 115), referred to in the text, was not classified to U.S.C. Section 55 of Title I of the Act of August 24, 1935 (49 Stat. 750, 781), referred to in the text, was not classified to U.S.C.

The Bankhead–Jones Farm Tenant Act (50 Stat. 52–2, 525), referred to in the text, is classified to 7 U.S.C. §§ 1001–1005d, 1006c, 1006d, 1007, 1008–1012, 1014–1025, and 1027–1029.

Taylor Grazing Act (48 Stat. 1269, as amended), referred to in the text, is classified to 43 U.S.C. chapter 8A.

25 U.S.C. § 622. Exchange of tribal lands; title to lands

For the purpose of consolidation of Indian lands the Secretary of the Interior is authorized, under such regulations as he may prescribe, to exchange any lands or interests therein, including improvements and water rights with the consent of the Pueblo or Navajo tribal authorities for other lands, water rights, and improvements of similar value in the area set apart for the Pueblos and Canoncito Navajos or in the areas declared to be public domain or within any public domain within New Mexico. Title to all lands acquired under the provisions of sections 621–623 of this title shall be taken in the name of the United States in trust for the respective Pueblo Indians and the Navajo Canoncito group. (August 13, 1949, ch. 425, § 2, 63 Stat. 605.)

25 U.S.C. § 623. Disbursement of deposits in the United Pueblos Agency

The funds now on deposit in the United Pueblos Agency in “special deposits” which have accrued from issuance of livestock-crossing permits and fees collected for grazing permits on the lands which have been under the jurisdiction of the Department of the Interior shall be expended or disbursed for the benefit of the Indians under such rules and regulations as the Secretary of the Interior may prescribe. (August 13, 1949, ch. 425, § 3, 63 Stat. 605.)

Act of April 30, 1964 - Declare Alamo Navajo tribal trust land status

April 30, 1964, Pub. L. 88–303, 78 Stat. 189

AN ACT

To provide that the United States shall hold certain land in trust for the members of the Alamo Band of Puertocito Navajo Indians.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, (a) All right, title, and interest of the United States in and to those lands lying within the Alamo Navajo community area, New Mexico, more particularly described in subsection

(b) of this section and the improvements thereon, are hereby declared to be held in trust by the United States for the use of the members of the Alamo Band of Puertocito Navajo Indians, subject to the right of the United States to use said lands and improvements located thereon for administrative purposes.

(b) Lot 3 and the southeast quarter northwest quarter of section 6, township 2 north, range 6 west, New Mexico principal meridian, and improvements located thereon.

SEC. 2. The Indian Claims Commission is directed to determine in accordance with the provisions of section 2 of the Act of August 13, 1946 (60 Stat. 1050), the extent to which the value of the title conveyed by this Act should or should not be set off against any claim against the United States determined by the Commission.

Approved, April 30, 1964.

Incremental Increases and Decreases to Reservation

Navajo Reservation Land Increases & Decreases by Federal Action

Forts & Treaty Land

Act of 1864

Executive Order Land 1878-1886

Allotment Era 1887-1934 and Subsequent Checkerboard Land Consolidation

Utah Navajo Trust Land – Aneth and Paiute Strip

Arizona Land Consolidation; Authority for Future New Lands

Mineral Land Increases and Leases

Irrigation and Water Supply

Post-WWII

May 29, 1944, ch. 212, 58 Stat. 257

1948. Sale of certain lands to Southwest Indian Mission

September 7, 1949, ch. 567, 63 Stat. 695

June 20, 1950, ch. 320, 64 Stat. 248

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