has heretofore made application to have set apart for such purposes: Saint Paul's Catho Provided, however, That patent having been heretofore issued for three lic Mission. Geological Survey prior to allotments. tribal property hundred and twenty acres to Saint Paul's Catholic Mission, it shall not be entitled to receive more than two and one-half acres additional under this Act. SEC. 4. That prior to the allotments being made as authorized herein the Secretary of the Interior shall cause an examination to be made by experts of the Geological Survey of all lands of the Minerals to remain reservation for the purpose of determining the mineral character thereof; but the surface of any such lands found to be mineral shall be subject to allotment as herein provided, but such mineral shall remain tribal property: Provided, That such coal as may be required for use in connection with the construction and maintenance of the irrigation projects may be reserved for that purpose: Provided further, That lands valuable for timber shall remain tribal property. and any member of the tribes having rights in the said reservation may cut and take away from such lands such timber as he may require for fuel, fencing, or for building. Provisos. Coal for projects. Timber served. irrigation lands re Town sites set aside. Provisos. Parks and sites 436 Survey, etc. Preference to actual residents. SEC. 5. That the Secretary of the Interior is hereby authorized to reserve and set aside for town-site purposes not more than eighty acres at the present settlement of Lodge Pole, and not to exceed eighty acres at such other locations as he may deem necessary, and to lay out, survey, and plat said tracts into blocks, lots, streets, alleys, parks, and school sites: Provided, That the area reserved for parks school and school sites shall not exceed ten acres in any one town site; and patents shall be issued for such lands to the municipality legally charged with the care and custody of the lands hereby set aside for R. S.. sec. 2381, p. Such purposes. That such town sites shall be appraised and disposed of as provided in section 2381 of the United States Revised Statutes: Provided further, That any person who, at the date when the appraisers commence their work upon the land, shall be an actual resident upon any one such lot and the owner of substantial and permanent improvements thereon, and who shall maintain his or her residence and improvements on such lot to the date of his or her application to enter, shall be entitled to enter, at any time prior to the day fixed for the public sale and at the appraised value thereof, such lot and any two additional lots of which he or she may also be in possession and upon which he or she may have substantial and permanent improvements: And provided further, That before making entry of any such lot or lots the applicant shall make proof, to the satisfaction of the register and receiver of the land district in which the land lies, of such residence, possession, and ownership of improvements, under such regulations as to time, notice, manner, and character of proofs as may be prescribed by the Commissioner of the General Land Office, with the approval of the Secretary of the Interior: And provided further, That in making their appraisal of Appraisal of lots, etc. the lots so surveyed, it shall be the duty of the appraisers to ascertain the names of the residents upon and occupants of any such lots, the character and extent of the improvements thereon, and the name of the reputed owner thereof, and to report their findings in connection with their report of appraisal, which report of findings shall be taken as prima facie evidence of the facts therein set out. All such lots not so entered prior to the day fixed for the public sale shall be offered at public auction, in their regular order, with the other unimproved and unoccupied lots. That no lot shall be sold for less than $10: And provided further, That said lots, when surveyed, shall approximate fifty by one hundred and fifty feet in size. Prool required ownership, etc Sale, etc. Size of lots Appropriation of for preliminary irrigation investigations. SEC. 6. That the construction of projects for the irrigation of the irrigable lands shall be undertaken as the needs of the Indians shall require, as determined by the Secretary of the Interior, and there is Provisos. sessed against irrigable Annus. payments Payment for Milk dian funds repealed. 36 Stat, 277: vol. 3, 437 share. Unpaid charges hereby appropriated the sum of $50,000 for preliminary investigations and surveys to determine the needs of the Indians and for the commencement of such work as may be advisable at this time: Provided, That the cost of all such projects on this reservation, including the Milk River irrigation project, shall be assessed against the Cost of projects as lands irrigable under the respective projects in the proportion that lands each acre of irrigable lands bears to the whole area of irrigable land under each project, and such assessments shall be reimbursed to the United States and to the tribal fund in such proportion as contribu- for reimbursing. tions shall have been made therefrom in not less than twenty annual payments under such rules and regulations as may be prescribed by the Secretary of the Interior, who may fix such operation and maintenance charges which shall be paid as he may direct: Provided, further, That the provisions of the Act of April 4, 1910 (Thirty-sixth River project from InStatutes at Large, page 277), requiring reimbursement of the cost of the Milk River project from Indian funds, and any other Acts or parts thereof in conflict with this proviso, is hereby repealed. Unless Charges against alotherwise paid, these latter charges may be paid from or made a lottee's individual charge upon his individual share of the tribal fund, when said fund is available for distribution; and if any allottee shall receive patent in lien on allotment. fee to his allotment before the amount so charged against his land has been paid, such unpaid amount shall become and be a lien upon his allotment, of which a record shall be kept in the office of the superintendent of the reservation at the agency; and should any Indian sell any part of his allotment, with the approval of the Secretary of the Interior, the amount of such unpaid charges against the land so sold shall remain a first lien thereon, and may be enforced by the Secretary of the Interior by foreclosure as a mortgage. All expendi- Irrigation tures for irrigation work on the Fort Belknap Reservation, Montana, lands benefited. heretofore or hereafter made, are hereby declared to be reimbursable under such rules and regulations as the Secretary of the Interior may prescribe and shall constitute a lien against the land benefited, regardless of ownership, and including all lands which have heretofore been sold or patented. All patents or other instruments of conveyance hereafter issued for lands under any irrigation project on the recited in patents, etc. said Fort Belknap Indian Reservation, whether to individual Indians or to purchasers of Indian land, shall recite a lien for repayment of the irrigation charges, if any, remaining unpaid at the time of issuance of such patent or other instrument of conveyance, and such lien may be enforced or, upon payment of the delinquent charges, may be released by the Secretary of the Interior. In the case of lands ing Indian under any project purchased in the bona fide belief on the part of water acquired. the purchaser that by his purchase he acquired a right to have water from the project for the irrigation of the land purchased by him in the same manner as the Indian owner, the Secretary may, after notice to the Indians interested, determine the value of the land at expenditures a lien against all Lien for charges to be Purchasers believright of the time of the purchase from the Indian, and give to the purchaser Credit allowed or his assigns credit on the charge for construction against the land to the amount of the difference between the price paid and the value as so determined, and shall withhold for the benefit of the tribe from the Indian or Indians of whom the purchase was made, an equal amount from any funds which may be due or distributable to them hereunder. Delivery of water to such land may be refused, within the discretion of the Secretary of the Interior, until all dues are paid: Provided, That no right to water or to the use of any irrigation ditch jectight to water sube or other structure on said reservation shall vest until the owner of with rules, etc. the land to be irrigated shall comply with such rules and regulations as the Secretary of the Interior may prescribe, and he is hereby authorized to prescribe such rules and regulations as may be deemed to compliance No payment until water delivered. Indians not de prived of use of water etc. reasonable and proper for making effective the foregoing provisions: Provided, however, That in no case shall any allottee be required to pay either construction, operation, or maintenance charges for such irrigation privileges, or any of them, until water has been actually delivered to his allotment. Nothing in this Act shall be construed to deprive any of said Indians for domestic purposes, of the Fort Belknap Reservation of the use of water appropriated and used by them for domestic purposes or for the necessary irrigation of their lands, or lands claimed and occupied or used by them, or any ditches, dams, flumes, or reservoirs constructed and used by them in the appropriation and use of said water. No Indian shall acquire any priority of right to any of the waters of said reservation as against any other Indian by priority of appropriation to an extent greater than the water necessary to the irrigation of forty acres. Limitation of prior right. Allottee to designate homestead to be inalienable Designation for mi Dors. Mineral leases tribal property. Term Provisos. of Coal for domestic use. Every person entitled to allotment on the Fort Belknap Indian Reservation shall before patent is issued designate as a homestead forty acres of irrigable land or three hundred and twenty acres of nonirrigable land, already allotted or to be allotted hereunder, which homestead shall remain inalienable during the lifetime of the allottee or the minority of his or her heirs. Designations for minors shall be made by their natural guardians, and in the event that any Indian shall fail to make such designation the Secretary of the Interior shall select for him a homestead, and all patents for such homestead shall recite that they are such. Any and all minerals, including oil, gas, and lands chiefly valuable for the development of water power, granted or to be allotted hereunder are set aside as tribal property and such land may be leased or mining permits granted upon the request of the tribal council under such rules, regulations, and conditions as the Secretary of the Interior may prescribe, but no lease shall be made for a longer period than ten years, but the lessees shall have the right to renewal thereof for a further period of ten years upon such terms and conditions as the Secretary of the Interior may prescribe: Provided, however, That until the same shall be leased any Indian being the head of a family and having rights on the said reservation may take coal from any of the Mineral deposits to lands within the same for his own domestic use: And provided further, dividual allottees after That at the expiration of fifty years from the date of approval of this Act the coal, oil, gas, or other mineral deposits upon or beneath the surface of said allotted or granted lands shall become the property of the individual allottee or his heirs, but the right is reserved to Congress to extend the period within which such reserved tribal rights shall expire. become property of in 50 years. Montana. School sections granted to Proc.308. lotment SEC. 7. That sections sixteen and thirty-six of each township, being nonirrigable and not occupied or heretofore selected for allotment by any Indian except such lands in lieu of which the State has heretofore received indemnity under existing laws, are hereby granted to the Lieu lands for al-State of Montana for school purposes: Provided, however, That for any lands thereof lost to the State by allotment, withdrawal, or otherwise under the provisions of this Act, the State may through its proper officers select as indemnity other unoccupied unreserved non mineral and nonirrigable lands within such reservation, not exceeding two Completion of sciee sections in any one township: Provided further, That all such selections by the State must by completed within one year after the approval of this Act, and be made with the view to preventing any final conflict between the claims of the State and the allotments and withdrawals provided for herein: And provided further, That the United States shall pay to the Indians of the reservation the sum of $5 an acre for public the lands thus granted to the State: And provided further, That all the children, being descendants of Indians entitled to rights on said reser tions. Price for lands Admission of Indian pupils to schools. Appropriation for tana. Appropriation for expenses of making vation, shall be permitted to attend the public schools of said State on the same condition as the children of white citizens of said State. SEC. 8. That there is hereby appropriated, out of any money in the lands granted to MonTreasury not otherwise appropriated, the sum of $170,000, or so much thereof as may be necessary, to pay for the lands granted to the State of Montana; and there is hereby appropriated the further sum of $50,000, or so much thereof as may be required, to be immediately available, to be used in paying the expenses of making the roll, roll, allotting, etc. classifications, and allotments hereunder, and such further allotment surveys as are necessary, and in defraying the expenses of the survey, appraisement, and sales of the town sites provided for, the said town-site sales, etc." $50,000 to be reimbursable from the proceeds of the town-site sales or from other tribal funds available or that may become available for such purpose. Approved, March 3, 1921. CHAP. 155.-An Act To Perpetuate the Memory of the Chickasaw and Seminole Tribes of Indians in Oklahoma. March 4, 1921. [H. R. 15085.] 41 Stat., 1364. Seminoles, Okla. from and Be it enacted by the Senate and House of Representatives of the Chickasaws United States of America in Congress assembled, That the Secretary Monuments in memof the Interior be, and he is authorized and directed to erect at ory of Tribes authorTishomingo and Wewoka, Oklahoma, monuments constructed ofAt Tishomingo, in Tishomingo granite to perpetuate the memory of the Chichasaw memory of Chickasaw and Seminole Tribes of Indians in Oklahoma. SEC. 2. That the monument erected at Tishomingo, Oklahoma, shall have inscribed thereon such words and figures as will in the judgment of the Secretary of the Interior preserve the memory of the Chickasaw Tribe of Indians in Oklahoma. izod. Tribe. SEC. 3. That the monument erected at Wewoka, Oklahoma, At Wewoka, in memshall have inscribed thereon such words and figures as will in the ory of Seminole Tribe. judgment of the Secretary of the Interior preserve the memory of the Seminole Tribe in Oklahoma. SEC. 4. That there is authorized to be appropriated out of any Appropriation from money belonging to the Chickasaw and Seminole Tribes of Indians tribal funds. in Oklahoma in the United States Treasury or deposited in any bank or held by any official under the jurisdiction of the Secretary of the Interior the sum of $15,000 from each tribe, respectively. Approved, March 4, 1921. CHAP. 161. An Act Making Appropriations for Sundry Civil Expenses of the Government for the Fiscal Year Ending June 30, 1922, and for Other Purровев. March 4, 1921. [H. R. 15422.] 41 Stat., 1367. Sundry civil ex Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are penses appropriations. appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1922, namely: SMITHSONIAN INSTITUTION. Smithsonian Institu tion. American Ethnol American ethnology: For continuing ethnological researches among ogy. the American Indians and the natives of Hawaii, including the excavation and preservation of archæologic remains, under the direction of the Smithsonian Institution, including necessary employees and the purchase of necessary books and periodicals, $46,000. Interior Department. DEPARTMENT OF THE INTERIOR. PUBLIC LAND SERVICE. Opening Indian reservations to entry. Proviso. Reimbursement. Opening Indian reservations (reimbursable): For expenses pertaining to the opening to entry and settlement of such Indian reservation lands as may be opened during the fiscal year 1922: Provided, That the expenses pertaining to the opening of each of said reservations and paid for out of this appropriation shall be reimbursed to the United States from the money received from the sale of the lands embraced in said reservations, respectively, $7,500. * RECLAMATION SERVICE. Yakima Indian Reservation, Wash. lands in. For reimbursement to the reclamation fund the proportionate Reimbursing fund expense of operation and maintenance of the reservoirs for furnishing for water furnished to stored water to the lands in Yakima Indian Reservation, Washington, 38 Stat., 604; ante, 29. in accordance with the provisions of section 22 of the Act of August 1, 1914 (Thirty-eighth Statutes, page 604), there is appropriated, out of any money in the Treasury not otherwise appropriated, $11,000. March 4, 1921. [H. J. Res. 346.] 41 Stat., 1446. Five Standing Rock In and S. Dak. for ceded lands on. 555. DEPARTMENT OF JUSTICE. Suits for removal of restrictions, allotted lands, Five Civilized Tribes: For necessary expenses incident to any suits brought at the request of the Secretary of the Interior in the eastern judicial district of Oklahoma, to be expended under the direction of the Attorney General, $5,000. Approved, March 4, 1921. CHAP. 174.-Joint Resolution Extending the time for payment of purchase money on homestead entries in the former Standing Rock Indian Reservation, in the States of North and South Dakota, and for other purposes. Resolved by the Senate and House of Representatives of the United dian Reservation, N. States of America in Congress assembled, That the Secretary of the Extension of time Interior is hereby authorized, in his discretion, to extend for a period for annual installments of one year the time for the payment of any annual installment due, 37 Stat., 675, vol. 3. or hereafter to become due, of the purchase price for lands sold under the Act of Congress approved February 14, 1913 (Thirty-seventh Statutes, page 675), entitled "An Act to authorize the sale and disposition of surplus or unallotted lands of the Standing Rock Indian Reservation in the States of North and South Dakota, and for other purposes," and any payment so extended may annually thereafter. be extended for a period of one year in the same manner: Provided, That the last payment and all other payments must be made within a period not exceeding one year after the last payment becomes due by the terms of the Act under which the entry was made: Provided further, That any and all payments must be made when due unless the entryman applies for an extension and pays interest for one year in advance at 5 per centum per annum upon the amount due, as herein provided, and patent shall be withheld until full and final payment of the purchase price is made in accordance with the provisions hereof: And provided further, That any entryman who has Provisos. Final payment. Applications for extensions, etc. Commutation allowed. |