File Name: native trust and land act 1936 .zip
During June , government marks the centenary of the promulgation of the Natives Land Act [PDF] that saw thousands of black families forcibly removed from their land by the apartheid government. The centenary provides the country with the opportunity to reflect on the negative effects that this legislation had, and continues to have on our people. The Act restricted black people from buying or occupying land except as employees of a white master.
- Native Trust and Land Act, 1936
- Native Trust and Land Act, 1936
- Fiji Legislation
- The O’Malley Archives
Native Trust and Land Act, 1936
On and after June 18, , no land of any Indian reservation, created or set apart by treaty or agreement with the Indians, Act of Congress, Executive order, purchase, or otherwise, shall be allotted in severalty to any Indian. The existing periods of trust placed upon any Indian lands and any restriction on alienation thereof are extended and continued until otherwise directed by Congress.
Section, act Apr. The Secretary of the Interior, if he shall find it to be in the public interest, is authorized to restore to tribal ownership the remaining surplus lands of any Indian reservation heretofore opened, or authorized to be opened, to sale, or any other form of disposal by Presidential proclamation, or by any of the public-land laws of the United States: Provided, however , That valid rights or claims of any persons to any lands so withdrawn existing on the date of the withdrawal shall not be affected by this Act: Provided further , That this section shall not apply to lands within any reclamation project heretofore authorized in any Indian reservation.
June 18, , ch. The public-land laws of the United States, referred to in subsec. This Act, referred to in subsecs. For complete classification of this Act to the Code, see Short Title note set out under section of this title and Tables. Act May 27, , repealed par. Act May 27, , struck out provisions relating to authority to issue or promulgate rules or regulations in conflict with Executive Order of Feb. Act Aug. Functions of all other officers of Department of the Interior and functions of all agencies and employees of Department, with two exceptions, transferred to Secretary of the Interior, with power vested in him to authorize their performance or performance of any of his functions by any of those officers, agencies, and employees, by Reorg.
Plan No. May 24, , 15 F. Provided , That such restoration shall not apply to any lands while they are within reclamation projects heretofore authorized. Title to the lands restored to tribal ownership by this Act shall be held by the United States in trust for the respective tribe or tribes, and such lands are hereby added to and made a part of the existing reservations for such tribe or tribes.
The lands restored to tribal ownership by this Act may be sold or exchanged by the tribe, with the approval of the Secretary of the Interior. Whenever all privately owned lands except mining claims within the following-described area have been purchased and acquired as authorized in sections b and c of this title, the boundary of the Papago Indian Reservation in Arizona shall be extended to include the west half of section 4; west half of section 9, township 17 south, range 8 east; all of township 18 south, range 2 west, all of fractional township 19 south, range 2 west; and all of fractional townships 18 and 19 south, range 3 west, except sections 6, 7, 18, 19, 30, and 31 in township 18 south, range 3 west, Gila and Salt River meridian.
This extension shall not affect any valid rights initiated prior to July 28, , nor the reservation of a strip of land sixty feet wide along the United States-Mexico boundary made by proclamation of the President dated May 27, 35 Stat. The lands herein described when added to the Papago Indian Reservation as provided in sections a to c of this title shall become a part of said reservation in all respects and upon all the same terms as if said lands had been included in the Executive order issued by the President on February 1, Provided , That lands acquired under sections a to c of this title shall remain tribal lands and shall not be subject to allotment to individual Indians.
The State of Arizona may relinquish in favor of the Papago Indians such tracts within the townships referred to in section a of this title as it may see fit and shall have the right to select other unreserved and nonmineral public lands within the State of Arizona equal in area to those relinquished, said lieu selections to be made in the same manner as is provided for in the Enabling Act of June 20, 36 Stat.
The payment of fees or commissions is waived in all lieu selections made pursuant to this section. The Enabling Act of June 20, , referred to in text, probably means act June 20, , ch. Section g of title 43, referred to in text, was repealed by Pub. The Secretary of the Interior is authorized in his discretion to restore to tribal ownership the undisposed of surplus lands of the Umatilla Indian Reservation, Oregon, heretofore opened to entry or other form of disposal under the public-land laws: Provided , That restoration shall be subject to any existing valid rights.
When any Indian dies leaving any interest in trust or restricted land within the Umatilla Reservation and not having lawfully devised the same, such interest shall descend in equal shares to his or her children and to the issue of any deceased child by right of representation; and if there is no child of the decedent living at the time of his or her death, such interests shall descend to his or her other lineal descendants; and if such descendants are in the same degree of kindred to the intestate, they shall take such real property equally, or otherwise they shall take according to the right of representation.
An interest taken hereunder shall be subject to the right of a surviving spouse as provided in section 3. The surviving spouse of any Indian who dies leaving any interest in trust or restricted land within the Umatilla Reservation shall be entitled to obtain a one-half interest in all such trust or restricted interests in land during his or her lifetime.
If any Indian, who leaves any interest in trust or restricted land within the Umatilla Reservation, makes provisions for his or her surviving spouse by an approved will, such surviving spouse shall have an election whether to take the provisions as made in such will or to take the interest as set forth in section 3 of this Act, but such surviving spouse shall not be entitled to both unless it plainly appears by the will to have been so intended by the testator.
When any surviving spouse is entitled to an election under this section, he or she shall be deemed to have elected to take the provisions as made in such will unless, at or prior to the first hearing to probate the will, he or she has elected to take under section 3 of this Act and not under the will.
The provisions of this Act shall apply to all estates of decedents who die on or after the date of enactment of this Act [Apr. Such property shall not be exempt from taxation because of the fact that title is held by the Indian tribe, group, or corporate entity.
The Secretary of the Interior shall approve a request for surplus property pursuant to this Act only if—. Any transfer of title to surplus property pursuant to this Act shall provide for a reversion of title to the United States if the Secretary of the Interior finds that the property is not being used in accordance with the provisions of the Act.
The United States shall not be responsible for providing to the Indians who are employed in an industrial development pursuant to this Act community services that are normally furnished by State and local governments, such as school, health, welfare, and law-enforcement services.
The transfer of McNary Dam townsite shall be upon the express condition that persons or families occupying residential property on the date of the enactment of this Act [Aug. For the purpose of effecting land consolidations between Indians and non-Indians within the reservation, the Secretary of the Interior is authorized, under such rules and regulations as he may prescribe, to acquire through purchase, exchange, or relinquishment, any interest in lands, water rights, or surface rights to lands within said reservation.
Exchanges of lands hereunder shall be made on the basis of equal value and the value of improvements on lands to be relinquished to the Indians or by Indians to non-Indians shall be given due consideration and allowance made therefor in the valuation of lieu lands. This section shall apply to tribal, trust, or otherwise restricted Indian allotments whether the allottee be living or deceased.
Title to lands or any interest therein acquired pursuant to sections d to g of this title for Indian use shall be taken in the name of the United States of America in trust for the tribe or individual Indian for which acquired. For the purpose of carrying into effect the land-purchase provision of sections d to g of this title, the Secretary of the Interior is authorized to use so much as may be necessary of any funds heretofore or hereafter appropriated pursuant to section of this title.
Except as provided in this Act, no sale, devise, gift, exchange, or other transfer of restricted Indian lands or of shares in the assets of any Indian tribe or corporation organized under this Act shall be made or approved: Provided , That such lands or interests may, with the approval of the Secretary of the Interior, be sold, devised, or otherwise transferred to the Indian tribe in which the lands or shares are located or from which the shares were derived, or to a successor corporation: Provided further , That, subject to section 8 b of the American Indian Probate Reform Act of Public Law —; 25 U.
This Act, referred to in text, is act June 18, , which is classified generally to this subchapter. Prior to amendment, text related to transfer and exchange of restricted Indian land and shares of Indian tribes and corporations.
Prior to amendment, text related to transfer of restricted Indian lands or shares in assets of Indian tribes or corporation and exchange of lands. Amendment by Pub. The Secretary of the Interior is authorized, in his discretion, to acquire, through purchase, relinquishment, gift, exchange, or assignment, any interest in lands, water rights, or surface rights to lands, within or without existing reservations, including trust or otherwise restricted allotments, whether the allottee be living or deceased, for the purpose of providing land for Indians.
The unexpended balances of any appropriations made pursuant to this section shall remain available until expended. Title to any lands or rights acquired pursuant to this Act or the Act of July 28, 69 Stat. Act of July 28, , referred to in text, is act July 28, , ch. For complete classification of this Act to the Code, see Tables. The site so selected is hereby declared to be held by the United States in trust as an Indian reservation for the use and benefit of the Payson Community of Yavapai-Apache Indians.
Act July 20, , ch. Nothing in this Act shall deprive any Indian of any individual right, ownership, right of possession, or contract right he may have in any land or interest in land referred to in this Act. The Secretary of the Interior is directed to make rules and regulations for the operation and management of Indian forestry units on the principle of sustained-yield management, to restrict the number of livestock grazed on Indian range units to the estimated carrying capacity of such ranges, and to promulgate such other rules and regulations as may be necessary to protect the range from deterioration, to prevent soil erosion, to assure full utilization of the range, and like purposes.
The Secretary of the Interior is hereby authorized to proclaim new Indian reservations on lands acquired pursuant to any authority conferred by this Act, or to add such lands to existing reservations: Provided , That lands added to existing reservations shall be designated for the exclusive use of Indians entitled by enrollment or by tribal membership to residence at such reservations.
Nothing contained in this Act shall be construed to relate to Indian holdings of allotments or homesteads upon the public domain outside of the geographic boundaries of any Indian reservation now existing or established hereafter. Repayment of amounts loaned under this authorization shall be credited to the revolving fund and shall be available for the purposes for which the fund is established.
Use of Revolving Loan Fund for Indians to assist Klamath Indians during period for terminating Federal supervision, see note set out under section of this title. Interest or other charges heretofore or hereafter collected on loans shall be credited to the revolving fund created by section of this title and shall be available for the establishment of a revolving fund for the purpose of making and administering loans to Indian-chartered corporations in accordance with the Act of June 18, 48 Stat.
Act of June 18, , referred to in text, popularly known as the Indian Reorganization Act, is classified generally to this subchapter. Such loans shall be reimbursable under rules established by the Commissioner of Indian Affairs.
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. The Secretary of the Interior is directed to establish standards of health, age, character, experience, knowledge, and ability for Indians who may be appointed, without regard to civil-service laws, to the various positions maintained, now or hereafter, by the Indian Office, in the administration of functions or services affecting any Indian tribe.
Such qualified Indians shall hereafter have the preference to appointment to vacancies in any such positions. Status of Indian appointed to Federal service under excepted appointment to be converted to career appointment in competitive service after three years of continuous service and satisfactory performance, see section i m of this title.
For purposes of applying reduction-in-force procedures under subsection a of section of title 5 with respect to positions within the Bureau of Indian Affairs and the Indian Health Service, the competitive and excepted service retention registers shall be combined, and any employee entitled to Indian preference who is within a retention category established under regulations prescribed under such subsection to provide due effect to military preference shall be entitled to be retained in preference to other employees not entitled to Indian preference who are within such retention category.
A to assure the health or safety of the employee or of any member of the employee's household;. C because the employee's working relationship with a tribe has so deteriorated that the employee cannot provide effective service for such tribe or the Federal Government.
The Office of Personnel Management shall provide all appropriate assistance to the Bureau of Indian Affairs and the Indian Health Service in placing non-Indian employees of such agencies in other Federal positions. All other Federal agencies shall cooperate to the fullest extent possible in such placement efforts. A the recognized governing body of any Indian tribe, band, nation, pueblo, or other organized community, including a Native village as defined in section c of title 43 ; or.
B in connection with any personnel action referred to in subsection c 1 of this section, any legally established organization of Indians which is controlled, sanctioned, or chartered by a governing body referred to in subparagraph A of this paragraph and which has been delegated by such governing body the authority to grant a waiver under such subsection with respect to such personnel action.
Section f of this title, referred to in subsec. Section of Pub. Provisions relating to waivers of education personnel actions are now contained in section f of this title.
Such report shall also include information as to the grade levels and occupational classifications of Indian and non-Indian employees in the Bureau of Indian Affairs and the Indian Health Service. See above. Former subsec. The provisions of this Act shall not apply to any of the Territories, colonies, or insular possessions of the United States, except that sections 9, 10, 11, 12, and 16 [25 U. Section 4 of this Act [25 U. Admission of Alaska into the Union was accomplished Jan.
Sections , , , , , , and of this title shall after May 1, , apply to the Territory of Alaska: Provided , That groups of Indians in Alaska not recognized prior to May 1, , as bands or tribes, but having a common bond of occupation, or association, or residence within a well-defined neighborhood, community, or rural district, may organize to adopt constitutions and bylaws and to receive charters of incorporation and Federal loans under sections , , and of this title.
Section was formerly classified to section of Title 48, Territories and Insular Possessions. The Secretary of the Interior is directed to continue the allowance of the articles enumerated in section 17 of the Act of March 2, 23 Stat. No person shall receive in his own right more than one allowance of the benefits, and application must be made and approved during the lifetime of the allottee or the right shall lapse. Such benefits shall continue to be paid upon such reservation until such such time as the lands available therein for allotment on June 18, , would have been exhausted by the award to each person receiving such benefits of an allotment of eighty acres of such land.
Section 17 of the Act of March 2, , referred to in text, probably means section 17 of act Mar. Act of June 10, , referred to in text, is act June 10, , ch. Section 19 of the Act of May 29, , referred to in text, probably means section 19 of act May 29, , ch.
The section further provides that where, for any reason, an Indian did not receive the quantity of land to which he was entitled under the provisions of said act March 2, , the Secretary of the Interior shall cause to be allotted to him sufficient additional lands on the reservation to which he belongs to make, together with the quantity of land theretofore allotted to him, the acreage to which he is entitled under said act March 2, ; and in case of the death of any such Indian, the additional lands to which he is of right entitled may be allotted to his heirs: Provided , the tribe to which he belonged is possessed of any unallotted tribal or reservation lands.
Section 2 of act June 26, , ch. Nothing in this Act shall be construed to impair or prejudice any claim or suit of any Indian tribe against the United States. It is declared to be the intent of Congress that no expenditures for the benefit of Indians made out of appropriations authorized by said sections shall be considered as offsets in any suit brought to recover upon any claim of such Indians against the United States.
Any Indian tribe shall have the right to organize for its common welfare, and may adopt an appropriate constitution and bylaws, and any amendments thereto, which shall become effective when—. Any constitution or bylaws ratified and approved by the Secretary shall be revocable by an election open to the same voters and conducted in the same manner as provided in subsection a of this section for the adoption of a constitution or bylaws.
A within one hundred and eighty days after the receipt of a tribal request for an election to ratify a proposed constitution and bylaws, or to revoke such constitution and bylaws; or. B within ninety days after receipt of a tribal request for election to ratify an amendment to the constitution and bylaws. A provide such technical advice and assistance as may be requested by the tribe or as the Secretary determines may be needed; and.
Native Trust and Land Act, 1936
On and after June 18, , no land of any Indian reservation, created or set apart by treaty or agreement with the Indians, Act of Congress, Executive order, purchase, or otherwise, shall be allotted in severalty to any Indian. The existing periods of trust placed upon any Indian lands and any restriction on alienation thereof are extended and continued until otherwise directed by Congress. Section, act Apr. The Secretary of the Interior, if he shall find it to be in the public interest, is authorized to restore to tribal ownership the remaining surplus lands of any Indian reservation heretofore opened, or authorized to be opened, to sale, or any other form of disposal by Presidential proclamation, or by any of the public-land laws of the United States: Provided, however , That valid rights or claims of any persons to any lands so withdrawn existing on the date of the withdrawal shall not be affected by this Act: Provided further , That this section shall not apply to lands within any reclamation project heretofore authorized in any Indian reservation. June 18, , ch.
The Native Trust and Land Act, in South Africa passed a law that served as the reorganization of its agricultural structures. This followed the.
Short title. Tenure of native lands by Fijians. Native Lands Commission.
These Acts, which had been passed between and in the four territories, remained in force after Union.
The O’Malley Archives
Legal instruments through legislation, resolutions, proclamations and ordinances played a key role in legitimizing systematic land dispossession and segregating South Africa. African, Coloured and Indian and other Asiatic we segregated and banned from owning land in urban areas in the Afrikaner republics and with the creation of the Union in and later under the Group Areas Act and other segregationist laws. Below are various legal instruments related to land dispossession and spatial segregation. The Transvaal government adopted Resolution on 18 June which prohibited anybody who was not a burgher from owning land. The Resolution specifically proscribes Africans from having burger rights. The law allowed the government to acquire land free of charge in the District of Zoutpansberg, and it became the first law passed by the ZAR to control the distribution of land in the Transvaal. The Parliamentary Voters Registration Act was passed in in the Cape parliament as a result of pressure applied by the Afrikanner Bond who felt that English parliamentarians were benefiting from an increasing number of African voters.
The need for the current land reform programme arose from the racially discriminatory laws and practices which were in place for the largest part of the twentieth century, especially those related to land ownership. The application of these discriminatory laws and practices resulted in extreme inequalities in relation to land ownership and land use. This article provides an overview of the most prominent legislation which provides the framework for the policy of racially-based territorial segregation. It further discusses the legislative measures and policies which were instituted during the period from to , aimed at abolishing racially-based laws and practices related to land and which eventually provided the basis to the current land reform programme. Boyle H "The land problem: what does the future hold for South Africa's land reform program? Davenport T "Some reflections on the history of land tenure in South Africa, seen in the light of attempts by the State to impose political and economic control" Acta Juridica