§ 611. — Division of trust fund on deposit in United States Treasury to joint credit of both tribes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC611]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XIX--SHOSHONE AND ARAPAHO TRIBES OF WYOMING
Sec. 611. Division of trust fund on deposit in United States
Treasury to joint credit of both tribes
The Secretary of the Interior is authorized and directed to divide
the trust funds on deposit in the Treasury of the United States to the
joint credit of the Shoshone and Arapaho Tribes of the Wind River
Reservation, Wyoming, including the unexpended balance of the treaty
funds arising under section 12 of the Act of June 7, 1897 (30 Stat. 93),
between the Shoshone Tribe and the Arapaho Tribe, crediting one-half of
the total amount in the principal account to a principal trust fund
account and one-half of the total amount in the interest account to an
interest trust fund account for each tribe: Provided, That in dividing
the funds there shall be taken into consideration in determining the
amount to be credited to each tribe the outstanding loans made from
joint trust funds to the Indians of each tribe.
(May 19, 1947, ch. 80, Sec. 1, 61 Stat. 102.)
References in Text
Section 12 of the Act of June 7, 1897 (30 Stat. 93), referred to in
text, is act June 7, 1897, ch. 3, Sec. 12, 30 Stat. 93, which was not
classified to the Code.
Wind River Indian Reservation; Mineral Rights
Pub. L. 85-780, Aug. 27, 1958, 72 Stat. 935, provided: ``That, from
and after the effective date of this Act [Aug. 27, 1958], all of the
right, title, and interest of the United States in all minerals,
including oil and gas, the Indian title, to which was extinguished by
the Act of August 15, 1953 (67 Stat. 592; Public Law 284, Eighty-third
Congress, first session [set out as a note under this section]),
entitled `An Act to provide compensation to the Shoshone and Arapahoe
Tribes of Indians for certain lands of the Riverton reclamation project
within the ceded portion of the Wind River Indian Reservation, and for
other purposes', is hereby declared to be held by the United States in
trust for the Shoshone and Arapahoe Tribes and, notwithstanding any
other provision of law, said minerals, including oil and gas, subject to
the provisions of section 2 of this Act, shall be administered and
leased in accordance with the provisions of the Act of May 11, 1938 (ch.
198, 52 Stat. 347 [sections 396a to 396g of this title]). The gross
proceeds received by the United States from such minerals either before
or after the date of this Act shall be deposited to the credit of the
Shoshone and Arapahoe Tribes in accordance with the provisions of the
Act of May 19, 1947 (61 Stat. 102), as amended [this subchapter], and
any of such gross proceeds that have been credited to miscellaneous
receipts in the Treasury of the United States in accordance with the
provisions of section 5 of the Act of August 15, 1953 (67 Stat. 592 [set
out as a note under this section]), shall be transferred on the books of
the Treasury to the credit of such tribes.
``Sec. 2. Notwithstanding any other provision of law, (1) all
mineral leases, including oil and gas leases, covering any of the
minerals referred to in section 1 hereof, which have heretofore been
issued by the Secretary of the Interior on a noncompetitive basis, shall
be subject to renewal at the end of the primary five-year term thereof
for a term that extends to a date that is five years from the date of
this Act [Aug. 27, 1958] and shall not be subject to renewal or further
extension except in any case where, at the expiration of said extended
term, oil or gas is being produced under the lease in paying quantities,
and (2) the Secretary of the Interior shall process in accordance with
the Mineral Leasing Act of February 25, 1920 (ch. 85, 41 Stat. 437), as
amended [section 181 et seq. of Title 30, Mineral Lands and Mining], and
the regulations issued thereunder, all oil and gas lease offers covering
any of the oil and gas referred to in section 1 hereof which were filed
on or before December 31, 1957: Provided, That any oil and gas lease
issued pursuant to such lease offers shall be for a single term of five
years commencing with the effective date of the lease and shall not be
subject to renewal or extension except in any case where at the
expiration of said five-year term, oil or gas is being produced under
the lease in paying quantities.
``Any oil or gas lease referred to in subparagraph (1) of this
section and any oil or gas lease which may hereafter be issued pursuant
to the lease offers referred to in subparagraph (2) of this section
shall be subject to the provisions of section 1 (1) of the Act of July
29, 1954 (ch. 644, 68 Stat. 583), amendatory of the second paragraph of
section 17 of the Mineral Leasing Act of February 25, 1920 (ch. 85, 41
Stat. 443), as amended [section 226 of title 30].''
Wind River Indian Reservation; Compensation for Lands of the Riverton
Reclamation Project
Act Aug. 15, 1953, ch. 509, 67 Stat. 592, provided that: ``There is
hereby authorized to be transferred in the Treasury of the United States
from funds now or hereafter made available for carrying on the functions
of the Bureau of Reclamation and to be placed to the credit of the
Shoshone and Arapahoe Tribes of Indians of the Wind River Indian
Reservation in Wyoming, the sum of $1,009,500, said sum shall be
credited to and expended for the benefit of said tribes and their
members as provided by the Act of May 19, 1947 (61 Stat. 102), as
amended by the Act of August 30, 1951 (65 Stat. 208), and by the Act of
July 17, 1953 (Public Law 132, Eighty-third Congress) [this subchapter],
and as may be hereinafter amended, and shall be deemed to constitute
full, complete, and final compensation, except as provided in section 5
of this Act, for terminating and extinguishing all of the right, title,
estate, and interest, including minerals, gas and oil, of said Indian
tribes and their members of, in and to the lands, interests in lands,
and any and all past and future damages arising out of the cession to
the United States, pursuant to the Act of March 3, 1905 (33 Stat. 1016)
of that part of the former Wind River Indian Reservation lying within *
* * the proposed exterior boundaries of the Riverton reclamation
project, Fremont County, Wyoming * * *''.
* * * * *
``* * * Provided, That any member, or the heirs or assignees of any
member, of either of said tribes, who on the 24th day of July 1952, had
an existing and valid assignment on any part of the above-described
land, shall have the right, at his or her option, within one year after
the date of enactment of this Act [Aug. 15, 1953] to enter into a
contract with the United States, by and through the Bureau of
Reclamation, for the purchase, at a price and on terms satisfactory to
the Secretary of the Interior, of all or any contiguous part of such
assignment, and upon final payment of the purchase price therefor, a fee
patent accordingly shall be issued to such assignee, subject to
reservations of all oil, gas, and minerals to the United States, and
subject to section 5 of this Act, and if any part of the land so
selected shall contain land irrigable under the Riverton reclamation
project, then said patented land shall be subject to all irrigation
charges, taxes, and liens imposed by Federal or State law, to the same
extent and in like manner as other lands of the Riverton reclamation
project: Provided further, That all existing contracts relating to
irrigation charges, with respect to such irrigable land, shall remain in
full force and effect: And provided further, That nothing in this Act
shall be construed to affect the rights and interests in and to any land
embraced within the tract described herein that has been allotted to an
individual member of either of the said tribes which, on the date of
enactment of this Act [Aug. 15, 1953], is held by the United States in
trust for such member or his or her heirs.
``Sec. 2. Subject only to the existing rights and interests which
are not extinguished and terminated by this Act, all unentered and
vacant lands within the area described in section 1 hereof, are hereby
restored to the public domain for administration, use, occupancy, and
disposal under the reclamation and public land laws of the United
States: Provided, That the sale or other disposition of such lands shall
be at rates and upon terms and conditions approved by the Secretary of
the Interior: Provided further, That the average price of all such lands
disposed of by sale shall be not less than $6.25 per acre.
``Sec. 3. The sum transferred to the credit of the Shoshone and
Arapahoe Tribes of Indians as aforesaid and the expenses of carrying out
the provisions of this Act shall be nonreimbursable and nonreturnable
under the reclamation laws of the United States. The net proceeds
derived from the disposal of said lands shall be covered into the
general fund of the Treasury or into the reclamation fund as the
Secretary of the Interior shall find appropriate in the light of the
source from which the funds transferred or expended in carrying out this
Act are derived.
``Sec. 4. Subject to any outstanding rights and interests, all of
the ceded lands of the Wind River Reservation withdrawn pursuant to the
Act of June 17, 1902, for the development of the Riverton reclamation
project, Wyoming, not included within the boundaries of the tract
described in section 1 of this Act, are hereby restored to the ownership
of said tribes to the same extent as the ownership provided by the Act
of July 27, 1939 (53 Stat. 1128) [sections 571 to 577 of this title],
with respect to vacant lands ceded to the United States under the
provisions of the Act of March 3, 1905 (33 Stat. 1016), but not
subsequently withdrawn for reclamation purposes: Provided, That the
compensation authorized in section 1 hereof shall also be deemed to
release the United States from any and all claims for damages whatsoever
arising out of withdrawal of lands herein restored to tribal ownership.
``Sec. 5. Notwithstanding any other provision of law, the United
States shall deposit in the Treasury of the United States to the credit
of said tribes, to be available for expenditure for the benefit of said
tribes and their members, as provided by the Act of May 19, 1947 (61
Stat. 102), as amended by the Act of August 30, 1951 (65 Stat. 208), and
by the Act of July 17, 1953 (Public Law 132, Eighty-third Congress)
[this subchapter], and as may be hereinafter amended, 90 per centum of
the gross receipts of the United States, as they are received from time
to time, from all leases, bonuses, royalties, or other proceeds derived
under the mining and mineral-leasing laws of the United States from any
and all lands in which all rights and interests of the tribes are
terminated and extinguished by the terms and conditions of section 1 of
this Act and which are embraced within the boundaries of the tract
described in said section 1. Notwithstanding any other provision of law
the remaining 10 per centum of such gross receipts shall be deposited in
the Treasury of the United States to the credit of miscellaneous
receipts.
``Sec. 6. Should this Act become law subsequent to June 30, 1954,
there is hereby reserved to the Shoshone and Arapahoe Tribes the
privilege of rejecting, within one hundred and twenty days after the
date of the Act [Aug. 15, 1953], the terms and conditions of its
sections 1, 4, and 5. If those terms and conditions are rejected, no
part of the Act shall become effective.
``Sec. 7. The Secretary of the Interior is authorized to perform any
and all acts to carry out the provisions and purposes of this Act.''
Section Referred to in Other Sections
This section is referred to in section 612 of this title.
