INDIAN AFFAIRS: LAWS AND TREATIES

Vol. VII, Laws     (Compiled from February 10, 1939 to January 13, 1971)

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PART IV
EXECUTIVE AND DEPARTMENTAL ORDERS PUBLISHED IN THE FEDERAL REGISTER
Vol. 29—1964

Arizona and Wyoming—Correcting Public Land Orders No. 3296 of December 19, 1963 and No. 3282 of      December 3, 1963
North Dakota—Reservoir Site Restoration No. 36; Revoking Reservoir Site Reserve No. 3
Commissioner of Indian Affairs—Delegation of Authority for Execution of Oil and Gas Leases on      Executive Order Reservations
Commissioner of Indian Affairs—Delegation of Authority Regarding Issuance of Deputy Special      Officers' Commissions
Utah—Transferring Lands to Navajo Indian Reservation; Revoking Departmental Order of June 29,1957
Commissioner of Indian Affairs—Delegation of Authority With Respect to Authority Under Specific Acts
Property of California Rancherias and of Individuals Members Thereof
Property of California Rancherias and of Individuals Members Thereof
New Mexico—Modifying Public Land Order No. 2198 of August 26, 1960 To Permit Mineral Leasing
Commissioner of Indian Affairs—Delegation of Authority With Respect to Lands and Minerals
Montana—Restoring Land to Tribal Ownership of Confederated Salish and Kootenai Tribes of the      Flathead Indian Reservation
Commissioner of Indian Affairs—Delegation of Authority With Respect to Authority Under Specific Acts


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VOLUME 29—1964
May 18, 1964 | [Public Land Order 3397]

UTAH
Transferring Lands to Navajo Indian Reservation; Revoking Departmental Order of June 29, 1957

Margin Notes
VOLUME 29—1964 6685
VOLUME 29—1964 6686

Page 1548

Whereas, the Act of September 2, 1958 (72 Stat. 1686) in section 2 thereof, transferred to the United States for administration under the Federal Reclamation laws in connection with the Glen Canyon Dam of the Colorado River Storage Project, all the right, title and interest of the Navajo Tribe of Indians in lands described in subsection (b) of section 2. thereof, and;

Whereas, in section 1 of the Said Act, the Secretary of the Interior was required, in consideration of the transfer to the United States, supra, and for other considerations, to transfer to the Navajo Tribe so much of the block of public lands (exclusive of the minerals therein but inclusive of all range improvements thereon), described in subsection (c) of section 1 as should constitute a reasonably compact area equal in acreage to the lands transferred to the United States under section 2 of the Act, and;

Whereas, in conformance with the provisions of Said section 1, the Secretary of the Interior, by Public Land Order No. 2007 of October 8, 1959, added the public lands in certain described areas to, and made them a part of the Navajo Indian Reservation, to be thereafter held by the United States in trust for the Navajo Tribe of Indians, the public lands so transferred totaling 48,726.78 acres and are now herein described as follows:

SALT LAKE MERIDIAN

T. 38 S., R. 23 E.,
Sec. 26;
Sec. 33;
Sec. 34;
Sec. 35;
Sec. 36.

T. 38 S., R. 24 E.,
Sec. 28;
Sec. 29, E ½;
Sec. 31, lots 1, 2, 3, 4, E ½ W ½, and E ½;
Sec. 32;
Sec. 33;
Sec. 34;
Sec. 35.

T. 9 S, R. 22 E.,
Sec. 24, that portion south and east of Recapture Creek;
Sec. 25, that portion south and east of Recapture Creek.

T. 39 S., R. 23 E.,
Sec. 1, lots 1, 2, 3, 4, S ½ N ½ and S ½;
Sec. 2, lots 1, 2, 3, 4, S ½ N ½, and S ½;
Sec. 3, lots 1, 2, 3, 4, S ½ N ½, and S ½;
Sec. 4, lots 1, 2, 3, 4, S ½ N ½, and S ½;
Sec. 5, lots 1, 2, S ½ NE ¼, and SE ¼;
Sec. 8, E ½, and SW ¼;
Sec. 9;
Sec. 10;
Sec. 11;
Sec. 12;
Sec. 13;
Sec. 14;
Sec. 15;
Sec. 16;
Sec. 17;
Sec. 19; that portion east and south of Recapture Creek;
Sec. 20;
Sec. 21;
Sec. 22;
Sec. 23, N ½, N ½ S ½, S ½ SW ¼, and SW ¼ SE ¼;
Sec. 24;
Sec. 25;
Sec. 26;
Sec. 27;
Sec. 28;
Sec. 29;

Page 1549

Sec. 30, lots 1, 2, 3, 4, E ½ W ½, and E ½;
Secs., 35 and 36.

T. 39 S., R. 24 E.,
Sec. 1, lots 1, 2, 3, 4, S ½ N ½, and S ½;
Sec. 2, lots, 1, 2, 3, 4, S ½ N ½, and S ½;
Sec. 3, all, less two patented mining claims;
Sec. 4, lots 1, 2, 3, 4, S ½ N ½, and S ½;
Sec. 5, lots 1, 2, 3, 4, S ½ N ½, and S ½;
Sec. 6, lots 1, 2, 3, 4, 5, 6, 7, S ½ NE ¼, SE ¼ NW ¼, E ½ SW ¼, and SE ¼;
Sec. 7, lots 1, 2, 3, 4, E ½ W ½, and E ½;
Sec. 8;
Sec. 9;
Sec. 10;
Sec. 11;
Sec. 12; all, less three patented mining claims;
Sec. 13, N ½, N ½ SW ¼, and SW ¼ SW ¼;
Sec. 14;
Sec. 16, N ½, and SW ¼;
Sec. 17, N ½;
Sec. 18, lots 1, 2, 3, 4, E ½ W ½, and NE ¼;
Sec. 19, lots 1, 2, 3, 4, E ½ W ½, and E ½;
Sec. 20, W ½, and SE ¼;
Sec. 21, NW ¼;
Sec. 22, N ½;
Sec. 23, N ½, SW ¼, less two patented claims;
Sec. 24, N ½, and SE ¼;
Sec. 26, lots 2 and 3;
Sec. 27, lots 2, 3, W ½ E ½, E ½ NE ¼;
Sec. 28, W ½ and SE ¼;
Sec. 29;
Sec. 30, lots 1, 2, 3, 4, E ½ W ½, and E ½;
Sec. 31, lots 1, 2, 3, 4, E ½ W ½, and E ½;
Sec. 32;
Sec. 33;
Sec. 34; lots 2, 3, 4, 7, 8, 12, 13, NW ¼ SW ¼, NW ¼, and NW ¼ NE ¼.

T. 39 S., R. 25 E.,
Sec. 5, lots 2, 3, 4, S ½ N ½, and S ½;
Sec. 6, lots 3, 4, 5, 6, 7, SE ¼ NW ¼, E ½ SW ¼, S ½ NE ¼, and NW ¼ SE ¼;
Sec. 7, lot 1, NE ¼ NW ¼, NW ¼ NE ¼, N ½ SE ¼, and SE ¼ SE ¼;
Sec. 8, all, less eight patented mining claims;
Sec. 18, lots 1, 2, 6, 8, 9, 12, 13 and 16; SE ¼ NE ¼, and SE ¼.

T. 40 S., R. 23 E.,
Secs. 1, 2, and 12.

T. 40 S., R. 24 E.,
Sec. 3, lots 6 and 7;
Sec. 4 lots 1, 2, 3, 4, 5, 6, 7, 8, 10, 11 and 12;
Sec. 5, lots 1, 2, 3, 4, 5, 7, 9, S ½ N ½, W ½ SW ¼, NE ¼ SW ¼ and NW ¼ SE ¼;
Sec. 6, lots 1, 2, 3, 4, 5, 6, 7, S ½ NE ¼, SE ¼ NW ¼, E ½ SW ¼ and SE ¼;
Sec. 7, lots 1, 2, 3, 4, 5, 8, 9, 10, N ½ NE ¼, SW ¼ NE ¼, and E ½ W ½;
Sec. 8, lots 2, 4 and 5;
Sec. 18, lots 1, 2, 6, 8, 9, 12, 13 and 16;
Sec. 19, lot 6.

And whereas, the area of tribal lands transferred from the Navajo Reservation to the Bureau of Reclamation as described in section 2(b) of the Act of September 2, 1958, supra, has been computed at 51,606.78 acres.

Now therefore by virtue of the authority vested in the Secretary of the Interior by the Act of September 2, 1958 (72 Stat. 1686) and by section 4 of the Act of March 3, 1927 (44 Stat. 1347; 25 U.S.C. 398d), it is ordered as follows:

1. Subject to valid existing rights, the following-described public lands, exclusive of the minerals therein but inclusive of any range improvements constructed thereon, are hereby added to and made a part of the Navajo Indian Reservation, and shall hereafter be held by the United States in trust for the Navajo Tribe of Indians and shall be subject to all laws and regulations applicable to the Navajo Indian Reservation:

SALT LAKE MERIDIAN

T. 39 S., R. 23 E.,
Sec. 33, E ½ and SE ¼ SW ¼;
Sec. 34.

T. 40 S., R. 23 E.,
Sec. 3;
Sec. 4, E ½, SW ¼ and E ½ NW ¼;
Sec. 9, NE ¼, N ½ NW ¼, SE ¼ NW ¼ and N ½ SE ¼;
Sec. 10, NW ¼ and NW ¼ SW ¼;
Sec. 11, E ½ NE ¼ and NE ¼ SE ¼.

Totaling 2,880 acres, and completing the obligations of the United States to the Navajo Tribe arising from the transfer described in section 2(b) of the Act of September 2, 1958, supra.

2. The Navajo Tribe is hereby authorized to carry into effect forthwith the settlement and occupation of Said lands and interests therein by the Navajos in accordance with the Act of September 2, 1958 (72 Stat. 1686).

3. The Departmental Order of June 29, 1957, so far as it temporarily withdrew the public lands in the following-described areas, in aid of legislation to add such lands to the Navajo Indian Reservation, is hereby revoked:

SALT LAKE MERIDIAN

T. 38 S., R. 23 E.,
Secs. 26, 33, 34 and 35.

T. 36 S., R. 24 E.,
Sec. 28;
Sec. 29, E ½;
Secs. 31, 33, 34 and 35.

T. 39 S., R., 22 E.,
Secs. 13, 24, 25, and 35, those portions lying east of Recapture Creek.

T. 39 S., R. 23 E.,
Secs. 1, 3, 4 and 5;
Secs. 8 to 15 incl.;
Sec. 17;
Secs. 18 and 19, those portions lying east of Recapture Creek;
Secs. 33, 34 and 35.

T. 39 S., R. 24 E.,
Sec. 1;
Secs. 3 to 15 incl.;
Secs. 17 to 24 incl.;
Secs. 26 and 27, those portions lying north and west of the Navajo Indian Reservation;
Secs. 28, 29, 30, 31 and 33;
Sec. 34, that portion lying north and west of the Navajo Indian Reservation.

T. 39 S., R. 25 E.,
Secs. 5, 6, 7, 8, and 18.

T. 40 S., R. 22 E.,
Sec. 1;
Secs. 11, 12, 13, 23, 24, 25 and 26, those portions lying east of Recapture Creek and north of the Navajo Indian Reservation.

T. 40 S., R. 23 E.,
Sec. 1;
Secs. 3 to 15 inclusive;
Secs. 17 to 23 inclusive;
Sec. 26;
Secs. 24, 25, 27, 28, 29, 30, 34, and 35, those portions lying north and west of the Navajo Indian Reservation.

T. 40 S., R. 24 E.,
Secs. 3, 4, 5, those portions lying north and west of the Navajo Indian Reservation;
Sec. 6;
Secs. 7, 8, 18, and 19, those portions lying north, and west of the Navajo Indian Reservation.

The areas described aggregate approximately 71,000 acres.

4. Until 10:00 a.m. on November 16, 1964, the State of Utah shall have the preferred right of, application to select the public lands described in Paragraph "3" of this order (less those added to the Navajo Reservation by Public Land Order No. 2007 and by Paragraph "1" of this order), as provided by section 2(c) of the act of August 27, 1958 (72 Stat. 928; 43 U.S.C. 851, 852).

At 10:00 a.m. on November 16, 1964, the lands shall be subject to the operation of the public land laws generally, including the mining laws, subject to valid existing rights, the provisions of existing withdrawals, and the requirements of applicable law. All valid applications except pref-

Page 1550

erence-right applications from the State, received at or prior to 10:00 a.m. on June 23, 1964, shall be considered as simultaneously filed at that time. Those filed thereafter shall be considered in the order of filing.

5. As provided by section 1(b) of the Act of September 2. 1958, none of the lands added to the Navajo reservation by Public Land Order No. 2007 or by Paragraph 1 of this order, shall be open to location and entry under the general mining laws for a period of ten years from and after September 2, 1958. Section 1(b) further provides that, subject to valid existing rights, in addition to other requirements under applicable laws and regulations, mineral activities affecting the transferred lands shall be subject to such regulations, which may include, among others, a requirement for the posting of bond or other undertaking as the Secretary of the Interior may prescribe for protection of the interests of the Indians. Patents issued with respect to mining claims on the lands transferred to the reservation shall be limited to the minerals only.

Inquiries concerning any of the lands described in this order should be addressed to the Manager, Land Office, Bureau of Land Management, Salt Lake City, Utah.

JOHN A. CARVER, Jr.,
Assistant Secretary of the Interior.


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