Page:United States Statutes at Large Volume 48 Part 1.djvu/987

 73d CONGRESS. SESS. II. CH. 521. JU NE 14, 1934. line to the point of beginning. All vacant, unreserved, and unap- propriated public lands, including all temporary withdrawals of public lands in Arizona heretofore made for Indian purposes by Executive order or otherwise within the boundaries defined by this Act, are hereby permanently withdrawn from all forms of entry or disposal for the benefit of the Navajo and such other Indians as may already be located thereon ; however, nothing herein contained shall affect the existing status of the Moqui (Hopi) Indian Reservation created by Executive order of December 16, 1882 . There are he reby excluded from the reservation as above defined all lands heretofore designated by the Secretary of the Interior pursuant to section 28 of the Arizona Enabling Act of June 20, 191 0 (36 Stat .L. 575) , as being valuable for water-power purposes and all lands withdrawn or clas sified as powe r-site lands, saving to th e India ns, nev erthel ess, the exclusive right to occupy and use such designated and classi- fi ed lands until they shall be required for power purposes or other uses under the authority of the United States : P rovi ded, That nothing in this Act contained shall be construed as authorizing the payment of proceeds or royalties to the Navajo Indians from water power developed within the areas added to the Navajo Reservation pursuant to section 1 of this Act ; and the Federal Water Power Act of June 10, 1920 (41 Stat .L . 1063), and amendments thereto, shall operate for the benefit of the State of Arizona as if such lands were vacant, unreserved, and unappropriated public lands. All valid rights and claims initiated under the public land laws prior to approval hereof involving any lands within the. areas so defined, shall not be affected by this Act. SEC. 2. The Secretary of the Interior is hereby authorized in his discretion, under rules and regulations to be prescribed by him, to accept relinquishments and reconveyances to the United States of such privately owned lands, as in his opinion are desirable for and should be reserved for the use and benefit of the Navajo Tribe of Indians, including patented and nonpatented Indian allotments and selections, wi thin the coun ties of Apach e, Navajo, and Coconino, Arizona ; and any Indian so relinquishing his or her right shall be entitled to make lieu selections within the areas consolidated for Indian purposes by this Act. Upon conveyance to the United States of a good and sufficient title to any such privately owned land, except Indian allotme nts and selec tions, the own ers th ereof, or thei r assi gns, are hereby aut horized, unde r regulations of the Secret ary of the Interior, to select from the unappropriated, unreserved, and non- mineral public lands of the United States within said counties in the State of Arizona lands approximately equal in value to the lands thus conveyed, and where surrendered lands contain springs or living waters, selection of other lands taken in lieu thereof may be of like character or quality, such values to be determined by the Secretary of the Interio r, who is her eby aut horized to is sue pat ents fo r the lieu lands so selected. In all selections of lieu lands under section 2 of this Act notice to any interested party shall be by publication. Any privately owned lands relinquished to the United States under sec- tion 2 of this Act shall be held in trust for the Navajo Tribe of Indians ; and relinquishments in Navajo County, Arizona, excluding Indian allotments and selections, shall not extend south of the town- ship line betw een townships 2 0 and 21 north, Gila an d Salt River base and meridian. The State of Arizona may relinquish such tracts of school land within the b oundary of th e Navajo Reser vation, as defined by section 1 of this Act, as it may see fit in favor of said Indians, and shall have the right to select other unreserved and non- mineral public lands contig uous or nonco ntiguous, loca ted within 86637°-34 	61 961 Moqui Indian Re s- ervation, not affected. Lands sui tabl e for power sites excluded. Vol. 36, p. 575. ProViSO. Payment of royalties to Indians, not author- i zed . Vol. 41, p. 1063. Prior lega l rig hts pro- tected . Landowners within, ma y relinquish hold- in gs and selec t lien lands from public do- main. Indian allotments ex- cep ted. N otice of s elec tions to be by publication . Relinquished lands to be held in trust for N avajo s. Area limited Exchanges permitted Arizona. Vol.36,p. 558.