Page:United States Statutes at Large Volume 52.djvu/388

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52 STAT.] 75TH CONG., 3D SESS.-CHS. 197, 198--IAY 11, 1938 [CHAPTER 197] AN ACT May 11, 1938 To facilitate the control of soil erosion and flood damage originating upon lands (s. 2221] within the exterior boundaries of the Cache National Forest in the State of Utah. [Public, No. 505] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Agriculture, with the approval of the National Forest Reservation Commission established by section 4 of the Act of March 1, 1911 (U. S . C ., title 16, sec. 513), is hereby authorized to acquire by pur- chase any lands within the boundaries of the Cache National Forest in the State of Utah which, in his judgment, should become the prop- erty of the United States in order that they may be so managed with other lands of the United States as to minimize soil erosion and flood damage; and to pay for said lands that proportion of the entire receipts from the sale of natural resources, other than mineral, and the occupancy of publicly owned lands within said national forest which is equal to that proportion of the gross area of said national forest situated in the State of Utah hereby is authorized to be appro- priated for expenditure for that purpose by the Secretary of Agricul- ture until said lands have been acquired. So far as the State of Utah may be concerned, the provisions of the Acts of May 23, 1908 (35 Stat. 260); section 500, title 16, United States Code, of March 4, 1913 (37 Stat. 843); and section 501, title 16, United States Code, shall be inoperative in relation to the receipts so appropriated, but nothing herein contained shall diminish payments to or expenditures within the State of Idaho under the provisions of said Acts. Approved, May 11, 1938. [CHAPTER 198] AN ACT To regulate the leasing of certain Indian lands for mining purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter unallotted lands within any Indian reservation or lands owned by any tribe, group, or band of Indians under Federal jurisdiction except those hereinafter specifically excepted from the provisions of this Act, may, with the approval of the Secretary of the Interior, be leased for mining purposes, by authority of the tribal council or other authorized spokesmen for such Indians, for terms not to exceed ten years and as long thereafter as minerals are produced in paying quantities. SEC. 2 . That leases for oil- and/or gas-mining purposes covering such unallotted lands shall be offered for sale to the highest respon- sible qualified bidder, at public auction or on sealed bids, after notice and advertisement, upon such terms and subject to such conditions as the Secretary of the Interior may prescribe. Such advertisement shall reserve to the Secretary of the Interior the right to reject all bids whenever in his judgment the interest of the Indians will be served by so doing, and if no satisfactory bid is received, or the accepted bidder fails to complete the lease, or the Secretary of the Interior shall determine that it is unwise in the interest of the Indians to accept the highest bid, said Secretary may readvertise such lease for sale, or with the consent of the tribal council or other governing tribal authorities, a lease may be made by private negotiations: Provided, That the foregoing provisions shall in no manner restrict the right of tribes organized and incorporated under sections 16 and Cache National For- est, Utah. Acquisition of lands for control of soil erosion and flood damage. 36 Stat. 962. 16U. .C.§513. Funds available for payment. Designated pro- visions inoperative in Utah. 35 Stat. 260; 37 Stat. 843. 16 U. .S. O. 500, 501. Payments and ex- penditures within Idaho. May 11, 1938 iS. 26891 [Public, No. 506] Indian lands. Leasing of unal- lotted lands for min- ing purposes. Exception. Terms of lease. Public sales of leases; terms and con- ditions. Rights reserved. Readvertisement for sale. Private negotia- tions. Proio. Designated rights of Indians not restricted. 347