Washington : Government Printing Office
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| VOLUME 28—1963 | 6408 |
Whereas, pursuant to the provisions of the Act of June 10, 1896 (29 Stat. 321, 360), the lands described in the Agreement With the Indians of the San Carlos Indian Reservation in Arizona dated February 25, 1896 (29 Stat. 358), commonly known as the San Carlos Mineral Strip and comprising approximately 232,320 acres, were opened to occupation, location and pur-
chase under the provisions of the mineral land laws of the United States with the net proceeds from such disposal to be deposited to the credit of the San Carlos Apache Tribe, and
Whereas, there are now remaining undisposed of within this area subsurface interests which maybe valuable to the Indians of said reservation, and
Whereas, the San Carlos Tribal Council has petitioned the Secretary to restore to tribal ownership all such undisposed of subsurface interests, and the Superintendent of the San Carlos Indian Agency and the Commissioner of Indian Affairs have recommended that the petition be granted, and
Whereas, a public hearing on the application of the San Carlos Indian Tribe for a restoration of the land in the San Carlos Mineral Strip was held in Globe, Arizona, February 10-12, 1960 and the transcript of this hearing and evidence submitted therein have been duly considered;
Now, Therefore, by virtue of the authority vested in the Secetary of the Interior by sections 3 and 7 of the act of June 18, 1934 (48 Stat. 984), I hereby find that restoration to the San Carlos Apache Indian Tribe of the mineral, oil and gas resources in all of the following described lands will be in the public interest, and the right, title and interest in and to all minerals, oil and gas resources in said lands are hereby restored to tribal ownership for the use and benefit of the San Carlos Apache Tribe of Indians, and are added to and made a part of the existing reservation, subject to any valid existing rights:
All those lands within the area comprising the aforesaid San Carlos Mineral Strip as described in Article 1 of the aforementioned agreement dated February 25, 1896 and ratified by the act of June 10, 1896 (29 Stat. 321, 358), and as shown on the plats on file in the Bureau of Land Management.
This order shall not apply to any patented lands or any interest in any patented lands (including subsurface interests in such lands) located within the Mineral Strip.
This order shall become effective immediately upon the adoption by the San Carlos Apache Tribe of a resolution providing that operations under any lease of or permit to the mineral, oil or gas resources in the lands within the Coronado National Forest shall be subject to such administrative supervision by the Secretary of Agriculture as is reasonably necessary to prevent serious injury to the surface resources of the land in the Coronado National Forest, to the extent that such supervision does not prohibit the use of the surface, under accepted engineering or mining standards, for installation of mining equipment or machinery, building and maintaining roadways, free ingress and egress for mining and removal of subsurface resources to market, and the mining and removal of subsurface resources, including the sinking of shafts, driving tunnels or other standard mining methods, except that strip or hydraulic mining shall be permitted only if, and under conditions, approved by the Secretary of Agriculture: Provided, That such resolution is adopted within three (3) months after the date of publication of this order in the FEDERAL REGISTER.
JAMES K. CARR,
Under Secretary of the Interior.
