Page images
PDF
EPUB

118916

1170

seq.), as amended, where valid settlement was made prior to December 14, 1968;

b. Native allotments, pursuant to the Act of May 17, 1906 (34 Stat. 197; 48 U.S.C. 357, 357a, 357b), as amended, where occupation was commenced prior to December 14, 1968;

c. Trade or manufacturing sites, homesites or headquarters sites, pursuant to the Act of May 14, 1898 (30 Stat. 431; 48 U.S.C. 461, et seq.), as amended, where the claim was intiated prior to December 14, 1968.

7. All prior modifications and amendments of Public Land Order No. 4582 are hereby continued in force and effect until the Expiration Date.

8. This modification of Public Land Order No. 4582 shall become effective upon publication in the FEDERAL REGISTER. FRED J. RUSSELL, Acting Secretary of the Interior. December 8, 1970.

[blocks in formation]
[blocks in formation]

COMMISSIONER OF INDIAN AFFAIRS Delegation of Authority With Respect to Specific Legislation

Section 30 of Order 2508, as amended, is further amended by the addition under paragraph (a) of a new subparagraph to read as follows:

SEC. 30. Authority under specific acts. (a) In addition to any authority delegated elsewhere in this order, the Commissioner of Indian Affairs, except as provided in paragraph (b) of this section, is authorized to perform the functions and exercise the authority vested in the Secretary of the Interior by the following acts or portions of acts or any acts amendatory thereof:

*

[blocks in formation]

(48) The Act of September 16, 1970 (Public Law 91-401, 84 Stat. 838): Which authorizes the use of funds arising from a judgment in favor of the Citizen Band of Potawatomi Indians of Oklahoma in Indian Claims Commission docket No. 96; the Act of September 25, 1970 (Public Law 91-413, 84 Stat. 865): Which provides for the disposition of funds appropriated to pay judgments in favor of the Yakima Tribes in Indian Claims Commission dockets Nos. 47-A, 162, and consolidated 47 and 164, and under all other acts which may authorize the Secretary of the Interior to establish such procedures as he may deem necessary, including the establishment of trusts, to protect adequately the best interest of enrollees or their heirs or legatees who are less than 21 years of age or who are under a legal disability.

FRED J. RUSSELL, Acting Secretary of the Interior. December 8, 1970.

VOLUME 36-1971

[blocks in formation]

[Order No. 2508. Amdt. 90] COMMISSIONER OF INDIAN AFFAIRS Delegation of Authority With Respect to Specific Legislation

Section 30 of Order 2508, as amended, is further amended by the addition under paragraph (a) of a new subparagraph to read as follows:

SEC. 30. Authority under specific acts. (a) In addition to any authority delegated elsewhere in this order, the Commissioner of Indian Affairs, except as provided in paragraph (b) of this section, is authorized to perform the functions and exercise the authority vested in the Secretary of the Interior by the following acts or portions of acts or any acts amendatory thereof:

*

1321

1322

1563

(49) The act of September 18, 1970 (84 Stat. 843) which authorizes reimbursement to the Ute Indian Tribe of the Uintah and Ouray Reservation in Utah for tribal funds that have been used for construction, operation, and maintenance of the Uintah Indian irrigation project Utah. FRED J. RUSSELL,

Acting Secretary of the Interior. December 24, 1970.

[Public Land Order 4988] ALASKA

Modification of Public Land Order No.

4582 of January 17, 1969

By virtue of the authority vested in the President by section 1 of the Act of June 25, 1910, 36 Stat. 847, as amended, 43 U.S.C. § 141 (1964), and pursuant to Executive Order No. 10355 of May 26, 1952 (17 F.R. 4831), it is ordered as follows:

Public Land Order No. 4582 of January 17, 1969 as amended by Public Land Order No. 4962 of December 8, 1970, is hereby modified to permit the issuance of all permits necessary or convenient, including permits for the disposal of mineral materials under the Act of July 31, 1947, 61 Stat. 681. as amended, 30 U.S.C. §§ 601604, for the construction, maintenance, or operation of those airports for which leases and conveyances are permitted by Public Land Order No. 4669 of June 16, 1969.

FRED J. RUSSELL,

Under Secretary of the Interior. January 5, 1971.

[Order 2508, Amdt. 91]

COMMISSIONER OF INDIAN AFFAIRS Delegation of Authority With Respect to Specific Legislation

Section 30 of Order 2508, as amended, is further amended by the addition under paragraph (a) of a new subparagraph to read as follows:

SEC. 30. Authority under specific acts. (a) In addition to any authority delegated elsewhere in this order, the Commissioner of Indian Affairs, except as provided in paragraph (b) of this section, is authorized to perform the functions and exercise the authority vested in the Secretary of the Interior by the following acts or portions of acts or any acts amendatory thereof:

[merged small][ocr errors][merged small][merged small]

(50) The Act of October 22, 1970 (84 Stat. 1097), which authorizes the Secretary of the Interior, upon request of the tribal council of the Eastern Band of Cherokee Indians of North Carolina, to declare by publication of a notice in the FEDERAL REGISTER that the United States holds in trust for said band of Indians, subject to valid existing rights, the title to certain federally owned lands within the Cherokee Indian Reservation, together with improvements thereon, that are now or hereafter become excess to the needs of the

13531

16442

17613

Federal Government for the administration of Indian affairs, as determined by the Secretary of the Interior.

FRED J. RUSSELL,

Under Secretary of the Interior. January 4, 1971.

INDIAN TRIBES PERFORMING LAW AND ORDER FUNCTIONS

Notice of Determination

The listing of Indian tribes performing law and order functions was published on page 5341 of the March 18, 1969, issue of the FEDERAL REGISTER (34 F.R. 5341). It was subsequently amended on page 10917 of the July 7, 1970, issue of the FEDERAL REGISTER (35 F.R. 10917). The listing is further amended as follows:

Add the phrase "Nebraska: Omaha Indian Reservation" immediately preceding the phrase "Nevada."

This notice shall be effective upon publication in the FEDERAL REGISTER (2-2671).

ROGERS C. B. MORTON,
Secretary of the Interior.

February 19, 1971.

[Order No. 2508, Amdt. 92]

COMMISSIONER OF INDIAN AFFAIRS Delegation of Authority With Respect to Specific Legislation

Section 30 of Order 2508, as amended, is further amended by the addition under paragraph (a) of a new subparagraph to read as follows:

SEC. 30. Authority under specific acts. (a) In addition to any authority delegated elsewhere in this order, the Commissioner of Indian Affairs, except as provided in paragraph (b) of this section, is authorized to perform the functions and exercise the authority vested in the Secretary of the Interior by the following acts or portions of acts or any acts amendatory thereof:

*

(51) The approval of procedures established by the officially recognized tribal spokesman and/or governing entity for the popular selection by the respective tribes of a principal chief of the Cherokee, Choctaw, Creek, and Seminole Tribes of Oklahoma and a governor of the Chicakasaw Tribe of Oklahoma, pursuant to the Act of October 22, 1970, Public Law 91-495. ROGERS C. B. MORTON, Secretary of the Interior.

March 31, 1971.

AUBURN RANCHERIA IN CALIFORNIA AND INDIVIDUAL MEMBERS THEREOF

Notice of Termination of Federal Supervision Over Property

Notice is hereby given deleting the names of the following dependent members of the immediate family of distributee from those listed in the August 18, 1967 approved Notice of Termination of Federal Supervision over the Property of the Au

18165

111731

burn Rancheria in California and Individual Members thereof.

[Names of individuals omitted]

This notice, with respect to the abovenamed dependent family members only, rescinds pro tanto, and as of August 18, 1967, the Notice of Termination approved August 11, 1967, which became effective on publication on August 18, 1967, FEDERAL REGISTER, Volume 32, Number 160. This notice becomes effective as of the date of publication in the FEDERAL REGISTER (4-22-71).

ROGERS C. B. MORTON,
Secretary of the Interior.

April 13, 1971.

INDIAN TRIBES PERFORMING LAW AND ORDER FUNCTIONS

Notice of Determination

April 26, 1971.

The listing of Indian tribes performing law and order functions was published on page 5341 of the March 18, 1969, issue of the FEDERAL REGISTER (34 F.R. 5341). It was subsequently amended on page 10917 of the July 7, 1970, issue of the FEDERAL REGISTER (35 F.R. 10917), and on page 3531 of the February 26, 1971, issue of the FEDERAL REGISTER (36 F.R. 3531). The listing is further amended as follows:

Add the phrase "Yankton Sioux Tribe" under the heading "South Dakota" and immediately preceding the phrase "Utah."

This notice shall be effective upon publication in the FEDERAL REGISTER (4-3071).

ROGERS C. B. MORTON,
Secretary of the Interior.

[blocks in formation]

Beginning at Corner No. 1, Air Navigation Site Withdrawal No. 161 of July 2, 1941, on the north side of the Yukon River about one-fourth mile west of the town of Tanana in latitude 65°11'N., longitude 152°05'W., from which a U.S. Coast and Geodetic Bench Mark and Magnetic Station, being a brass plug in a concrete block, bears N. 22°11'E., 443.4 feet.

From the point of beginning by metes and bounds; Thence N. 0°41' W., 750 feet; thence N. 89 19 E., 1,300 feet; thence N. 0°41' W., 600 feet; thence S, 89°19 W., 200 feet; thence N. 0°41' W., 4,200 feet; thence S. 89°19' W., 900 feet; thence S. 47°32' W., 2,276.7 feet; thence west 6,000 feet; thence S. 0°41' E., 2,250 feet more or less, to a point on the right bank of the Yukon River; thence meandering upstream along the right bank of the Yukon River from which the point of beginning bears N. 0°41' W., 80 feet; thence N. 0°41' W., 80 feet to Corner No. 1 and the point of beginning, containing 735 acres, more or less.

112017

PARCEL No. 1

Commencing at the northwest corner of Air Navigation Site Withdrawal No. 161 of July 2, 1941, proceed east 10,500 feet to the true point of beginning of this description; thence continue east 3,066 feet to a point; thence south 2,250 feet more or less to a point on the north bank of the Yukon River; thence meandering westerly 3,300 feet more or less along said bank to a point; thence north 1,800 feet more or less to the point of beginning; containing 142.5 acres more or less.

PARCEL No. 2

Commencing at the northwest corner of ANSW 161, being the true point of beginning of this description, proceed east 6,500 feet to a point; thence south 3,000 feet more or less to a point on the north bank of the Yukon River; thence meandering west along said river bank 2,100 feet more or less to a point; thence west 800 feet to a point; thence south 1,250 feet more or less to a point on said river bank; thence meandering west along said river bank 3,700 feet more or less to the southwest corner of ANSW 161; thence north 4,400 feet more or less to the point of beginning; containing 531.9 acres more or less.

2. The lands described in paragraph 1 above as Tanana Airport have been quitclaimed to the State of Alaska for airport purposes by the Bureau of the Budget, effective October 1, 1965, pursuant to the Alaska Omnibus Act of June 25, 1959, 73 Stat. 152.

3. The lands in Parcels No. 1 and No. 2 in paragraph 1 above are withdrawn by Public Land Order No. 4,582 of January 17, 1969, as amended by Public Land Order No. 4962 of December 8, 1970, for the determination and protection of the rights of the Native Aleuts, Eskimos, and Indians of Alaska. They will be open to location for metalliferous minerals at 10 a.m. on July 16, 1971.

Inquiries concerning the land should be addressed to the Manager, Fairbanks District and Land Office, Fairbanks, Alaska 99701.

HARRISON LOESCH,

Assistant Secretary of the Interior. June 10, 1971.

[Public Land Order 5081]

ALASKA

Modification of Public Land Order No. 4582 as Amended by Public Land Order No. 4962

By virtue of the authority vested in the President by section 1 of the act of June 25, 1910 (36 Stat. 847, 43 U.S.C. 141), as amended, and pursuant to Executive Order No. 10355 of May 26, 1952 (17 F.R. 4831), it is ordered as follows:

1. Paragraph 1 of Public Land Order No. 4582 of January 17, 1969, as amended by Public Land Order No. 4962 of December 8, 1970, is modified to read as follows:

1. Subject to valid existing rights, and subject to the conditions hereinafter set forth, all public lands in Alaska which are unreserved or which would otherwise become unreserved prior to the expiration of this order, are hereby withdrawn from all forms of appropriation and disposition under the public land laws (except locations for metalliferous minerals), including selection by the State of Alaska pursuant to the Alaska Statehood Act (72 Stat. 339), and from leasing under the Mineral Leasing Act of February 25, 1920 (41 Stat. 437; 30 U.S.C. 181, et seq.), as amended and

112996

112997

reserved under the jurisdiction of the Secretary of the Interior for the determination and protection of the rights of the native Aleuts, Eskimos, and Indians of Alaska. The withdrawal and reservation created by this order shall expire at 12 (midnight), prevailing Alaska time, on the day the First Session of the 92d Congress of the United States shall be officially adjourned or 12 (midnight), prevailing Alaska time, on the day legislation for the determination and protection of the rights of the native Aleuts, Eskimos, and Indians of Alaska shall become law, whichever shall occur first. Said date shall be hereinafter referred to as the "Expiration Date."

2. All prior modifications and amendments of Public Land Order No. 4582, including Public Land Order No. 4962 and all modifications and amendments thereof, are hereby continued in full force and effect until the expiration date.

3. This order shall become effective upon publication in the FEDERAL REGISTER (624-71).

ROGERS C. B. MORTON,
Secretary of the Interior.

June 17, 1971.

INDIAN TRIBES PERFORMING LAW ENFORCEMENT FUNCTIONS

Notice of Determination

SECTION 601(d), title I, of the Omnibus Crime Control and Safe Streets Act of 1968, Public Law 90-351, places a responsibility on the Secretary of the Interior to determine those Indian tribes which perform law enforcement functions.

On March 18, 1969 (34 F.R. 5341), July 7, 1970 (35 F.R. 10917), and February 26, 1971 (36 F.R. 3531), there were published in the FEDERAL REGISTER lists identifying tribes determined by the Secretary to perform full law enforcement functions; however, the interpretation of "law enforcement" as given in section 601(a) means all activities pertaining to crime prevention or reduction and enforcement of the criminal law. The interpretation applied to the Act by the listing of March 18, 1969, as amended, was overly restrictive and could act to deny benefits to tribes which perform some services as defined by section 601(a).

Therefore, the Notice of Determination of March 18, 1969, as amended, is further amended by the addition of a statement following the list of tribes previously determined eligible, which reads as follows:

It is the determination of the Secretary of the Interior that all tribes recognized and serviced by the Bureau of Indian Affairs perform all or a part of "law enforcement" functions as defined in section 601(a).

Effective date. This notice shall be effective upon publication in the FEDERAL REGISTER (7-10-71).

HARRISON LOESCH,
Assistant Secretary of the Interior.

July 2, 1971.

113925

116509

[Public Land Order 5086] ALASKA

Partial Revocation of Public Land Order No. 4497 of July 15, 1968; Modification of Public Land Order No. 4582 of January 17, 1969, as amended

By virtue of the authority vested in the President by section 1 of the Act of June 25, 1910, 36 Stat. 847, as amended, 43 U.S.C. sec. 141 (1964), and pursuant to Executive Order No. 10355 of May 26, 1952 (17 F.R. 4831), and by virtue of the authority vested in the Secretary of the Interior by the Act of May 31, 1938, 52 Stat. 593, 48 U.S.C. sec 353a (1964), it is ordered as follows:

1. Public Land Order No. 4497 of July 15, 1968, which withdrew lands for use of the U.S. Department of Health, Education, and Welfare for hospital purposes, is hereby revoked so far as it affects the following described lands:

KOTZEBUE

A PORTION OF TRACT 1, U.S. SURVEY NO. 2083 Beginning at corner 6, U.S.S. 2083, monumented by a found brass cap monument established by the Bureau of Land Management in 1962; thence N. 44°06' E., along the boundary of U.S.S. 2083 a distance of 171.60 feet to a found brass cap monument established by BLM in 1932; thence N. 44°06' E., a distance of 21.12 feet to a found angle iron monument set by the BLM; thence N. 67°46′ E., a distance of 53.08 feet to a found brass cap monument established by the BLM in 1962; thence N. 55°55'30" E., a distance of 70 feet to a point monumented by a 36-inch length of No. 5 reinforcing bar with a plastic cap inscribed "RLS 551"; thence S. 45°54' E., a distance of 116.92 feet to a point monumented by a 36-inch length of No. 5 reinforcing bar with a plastic cap inscribed "RLS 551"; thence S. 44°06′ W., a distance of 242.82 feet to a found brass cap monument established by the BLM in 1932; thence N. 45°54' W., a distance of 96 feet to a found angle iron monument set by the BLM; thence S. 44 06 W., a distance of 72.60 feet to a point monumented by a 36-inch length of No. 5 reinforcing bar with a plastic cap inscribed "RLS 551"; thence N. 45°54' W., along the boundary of U.S.S. 2083 a distance of 52.55 feet to the point of beginning.

Containing approximately 0.858 acre.

2. Public Land Order No. 4582 of January 17, 1969, as amended by Public Land Orders No. 4962 of December 8, 1970, and No. 5081 of June 17, 1971, withdrawing public lands for the determination and protection of the rights of the Native Aleuts, Eskimos, and Indians of Alaska, is hereby modified to the extent necessary to permit the selection of the land described above by the State of Alaska pursuant to section 6 of the Act of July 7, 1958, 72 Stat. 339-343.

HARRISON LOESCH, Assistant Secretary of the Interior. July 21, 1971.

[Public Land Order 5108] ALASKA

Modification of Public Land Orders Nos. 4108, 4582, 4962, 5081; Withdrawal for Protection of Civil Works Project (Snettisham Power Project)

By virtue of the authority vested in the President by section 1 of the Act of June 25, 1910, 36 Stat. 847, as amended, 43 U.S.C. 141 (1964), and otherwise, and pursuant to Executive Order No. 10355 of May 26, 1952 (17 F.R. 4831), it is ordered as follows:

1. Public Land Order No. 4582 of January 17, 1969, as amended and modified by Public Land Order No. 4962 of December 8, 1970, as amended and modified by Public Land Order No. 5081 of June 17, 1971, is hereby modified to provide for the reservation of a right-of-way for the construction, operation, and maintenance of transmission lines and related facilities authorized by the Act of October 23, 1962 (76 Stat. 1173, 1193), on the following described lands:

Three parcels of land, being a portion of U.S. Survey No. 1762 (Juneau Townsite Elimination from the Tongass National Forest) and lot 8 of U.S. Survey No. 3269 located on the northeasterly side of Gastineau Channel. approximately 5 miles southeast of Juneau, Alaska: being within the Harris Mining District of the Juneau Recording District. First Judicial District. State of Alaska; said parcels being described as follows:

PARCEL No. 1

Commencing at Corner No. 3 of a tract of land known as U.S. Survey No. 3269; thence on the west boundary line thereof. S. 45 47 27 W., a distance of 145.68 feet to the true point of beginning; thence continuing S. 45:47 27 W.. a distance of 301.88 feet; thence leaving said line N. 50 3841 W., a distance of 193 feet; thence N. 76 56 28 W., a distance of 428.92 feet to a point on the north boundary line of a tract of land known as Belvedere Mill Site. Mineral Survey No. 72-B: said point being N. 44 17 33 W.. a distance of 93.01 feet (as measured on said boundary line) from Corner No. 4 thereof; thence on said line N. 44°17′33′′ W., a distance of 367.75 feet; thence leaving said line N. 45°57'27" E., a distance of 293.07 feet; thence S. 44°02′33 E., a distance of 266.56 feet; thence S. 76 56 28 E., a distance of 425.89 feet; thence S. 5038 41 E., a distance of 296.62 feet. more or less, to said point of beginning.

Containing approximately 4.86 acres.

PARCEL NO. 2

Commencing at Corner No. 3 of a tract of land known as U.S. Survey No. 3269; thence on the north boundary line thereof, S. 40 47 33 E., a distance of 1,723.52 feet to said centerline; said point being N. 40°47'33 W., a distance of 159.46 feet from Corner No. 4 of said survey and being the true point of beginning; thence leaving said boundary line and on said centerline S. 5038'41" E.. a distance of 2.912.77 feet; thence S. 64°06′35′′ E., a distance of 8,771.36 feet; thence S. 50°28'42 E., a distance of 1,450 feet, more or less, to the east boundary line of said U.S. Survey No. 1762 and the terminus of said centerline.

Containing approximately 108.87 acres.

PARCEL NO. 3

Beginning at Corner No. 4 of a tract of land known as U.S. Survey No. 3269; said corner also being the northwest corner of lot 8 of said survey; thence on the north boundary line thereof. S. 441233 E.. a distance of 399.68 feet to the northeast corner of said lot; thence on the east boundary line thereof, S. 45°47'27" W., a distance of 77.96 feet; thence leaving said line, N. 50 38 41" W., a distance of 402.16 feet more or less, to the west boundary of said lot; thence on said line N. 45°47′27′′ E., a distance of 123.04 feet, more or less, to said point of beginning.

Containing approximately 1.13 acres.

2. Public Land Order No. 4108 of October 26, 1966, is hereby modified and amended to include the right-of-way reservation made by paragraph 1 of this order.

3. The lands in the right-of-way reservation shall otherwise be administered by the Secretary of the Interior under appropriate laws and regulations.

4. Subject to valid existing rights, the following described lands within U.S. Survey No. 1762, the Juneau Townsite Elimination from the Tongass National Forest, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws (30 U.S.C., Ch. 2), and from leasing under the mineral leasing laws, for the protection of facilities of the Snettisham Power Project:

116510

117450

JUNEAU

A portion of U.S. Survey No. 1762 (Juneau Townsite Elimination from the Tongass National Forest) located on the northeasterly side of Gastineau Channel, approximately 5 miles southeast of Juneau, Alaska; being within the Harris Mining District of the Juneau Recording District. First Judicial District, State of Alaska; said Portion being described as follows:

Commencing at Corner No. 3 of the Mexico Mill Site (Mineral Survey No. 71-B); thence on the northwest boundary line thereof, south 45 42 27 W., a distance of 135.25 feet to Corner No. 4 of the Jumbo Mill Site (Mineral Survey No. 260); thence on the northeasterly boundary line thereof, north 353233 W., a distance of 608.91 feet; thence leaving said boundary line, S. 56 30 58 E., a distance of 503.18 feet; thence N. 45 57 27 E.. a distance of 244.20 feet; thence S. 44°02′33′′ E.. a distance of 570.00 feet; thence S. 4557 27 W., a distance of 305.63 feet to a point on the northeasterly boundary line of said Mexico Mill Site, said point being N. 44 17 33 W., a distance of 6.99 feet (as measured on said boundary line), from Corner No. 4 of said Mexico Mill Site; thence on said boundary line N. 44°17'33" W.. a distance of 459.67 feet to said point of beginning. The above bearings are based on the U.T.M. Grid System with Corner No. 3 of said Mexico Mill Site having Grid Coordinates of N. 21,187,391.49 and E. 1,770,617.33.

The parcel of land described above contains 5.24 acres, more or less.

5. The withdrawal made by the order in paragraph 4 does not alter the applicability of the public land laws governing the use of the lands under lease, license, or permit, or governing the disposal of their mineral or vegetative resources other than under the mining and mineral leasing laws. However, leases, licenses, or permits will be issued only if the Department of the Army finds that the proposed use of the lands will not interfere with the proper operation of its facilities on the land.

6. Public Land Order No. 4582 of January 17, 1969, as extended, and modified, does not affect the lands described in paragraph 4 which were already reserved in Powersite Classification No. 203, approved October 18, 1928, as modified by Order No. 420, approved June 26, 1947.

HARRISON LOESCH, Assistant Secretary of the Interior. August 17, 1971.

FORT BELKNAP INDIAN COMMUNITY OF FORT BELKNAP RESERVATION, MONT.

Order for Restoration of Lands to Tribal Ownerships; Partial Revocation of Certain Departmental Order

Whereas, pursuant to authority contained in the Act of March 3, 1921 (41 Stat. 1355), the townsite of Hays, Mont., was established on the Fort Belknap Indian Reservation, and;

Whereas, the departmental order dated May 17, 1923, approved the townsite plat and authorized the disposal of the townsite lots, pursuant to section 2381 of the Revised Statutes as was provided for by the 1921 Act, and;

Whereas, the Fort Belknap Indian Community of the Fort Belknap Reservation requests that the departmental order dated May 17, 1923, be revoked so far as it affects the the rein-described lands, and further requests that the said lands be restored to tribal ownership, which the Assistant Area Director at the Billings Area Office and the Commissioner of In

« PreviousContinue »