43 U.S.C. § 149
Exchange of private lands included in Indian reservation for other lands
Any private land over which an Indian reservation has been extended by Executive order, may be exchanged at the discretion of the Secretary of the Interior and at the expense of the owner thereof and under such rules and regulations as may be prescribed by the Secretary of the Interior, for vacant, nonmineral, nontimbered, surveyed public lands of equal area and value and situated in the same State or Territory.
Notes of Decisions
Cited in 2
cases, 1992–1995 · leading case: Masayesva v. Zah, 65 F.3d 1445 (9th Cir. 1995).
Masayesva v. Zah, 65 F.3d 1445 (9th Cir. 1995). “43 U.S.C. § 149 . The Santa Fe conveyed lands on what later became the Navajo Reservation in 1912, as part of such an anticipated exchange.”
Masayesva v. Zah, 792 F. Supp. 1155 (D. Ariz. 1992). “On April 21, 1904, Congress enacted 43 U.S.C. § 149 , 33 Stat. 211 (the “1904 Act”), which provided: Any private land over which an Indian reservation has been extended by Executive order [“base lands”], may be exchanged at the discretion of the Secretary of the Interior .”
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