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Interest on proceeds

Indians.

shall be reserved to the State of Kansas for school purposes, and shall be sold to actual settlers only, said settlers being heads of families or over twenty-one years of age, in quantities not exceeding one hundred and sixty acres, in square form, to each settler, at the price of one dollar and twenty-five cents per acre; payment to be made in cash within one year from date of settlement or of the passage of this act; and the United States, in consideration of the relinquishment of sale to be paid the by said Indians of their lands in Kansas, shall pay annually interest on the amount of money received as proceeds of sale of said lands, at the rate of five per centum, to be expended by the President for the benefit of said Indians, in such manner as he may deem proper. Accounts to be kept, And for this purpose an accurate account shall be kept by the Secretary of the Interior of the money received as proceeds of sale, and the aggregate amount received prior to the first day of November of each year shall be the amount upon which the payment of interest shall be based. The proceeds of sale of said land shall be carried to the credit of said Indians on the books of the treasury, and shall of Indians in Kansas to bear interest at the rate of five per cent. per annum: Provided, That the diminished reserve of said Indians in Kansas shall be surveyed under the direction of the Secretary of the Interior as other public lands are surveyed, as soon as the consent of said Indians is obtained as above provided, the expense of said survey to be paid from the proceeds of sale of said land.

etc.

Diminished

be surveyed.

reserve

Pay to Osages for stock and farming utensils and grist mills

by treaty.

7 Stat., 576, vol.2, 525.

"SEC. (13.) And be it further enacted, That there be, and is hereby, agreed to be furnished appropriated, out of any money in the Treasury not otherwise appropriated, as compensation to Osages for the stock and farming utensils which the United States agreed to furnish them by the second article of the treaty of January eleven, eighteen hundred and thirty-nine, and which were only in part furnished, twenty thousand dollars; and as compensation for the saw and grist mill(s) which the United States agreed by said treaty to maintain for them fifteen years, and which were only maintained five years, ten thousand dollars; which sums shall be expended, under the direction of the Secretary of the Interior, in the following manner: Twelve thousand dollars in erecting agency buildings, a warehouse, and blacksmith's dwellings, and a blacksmith shop, and the remaining eighteen thousand dollars in the erection of a schoolhouse and church, and a saw and grist mill at their new home in the Indian Territory."

How to be expended. 16 Stat., 570.

May 23, 1872. 17 Stat., 159.

Allotments of land

watomie citizen band.

Volume 1, page 133, insert:

[Forty-second Congress, second session, Chap. 206, 1872.]

CHAP. CCVI.-An Act To provide homes for the Pottawatomie and Absentee
Shawnee Indians in the Indian Territory.

Be it enacted by the Senate and House of Representatives of the United to be made to each States of America in Congress assembled, That the Secretary of the member of the Potta- Interior be, and he is hereby, authorized and directed to issue certificates by which allotments of land lying within the thirty-mile square tract heretofore selected for the Pottawatomie Indians, and lying next west of the Seminole reservation in the Indian Territory, shall be made to each member of the Pottawatomie band, known as the Pottawatomie citizen band, as follows, viz: To each head of a family, and to each other member twenty-one years of age, not more than one-quarter section, and to each minor of the tribe not more than eighty acres; and such allotments shall be made to include, as far as may be practicable for each family, the improvements which Certificates of allot. they may have made. Certificates of such allotments shall be made in severalty, specifying the names of individuals to whom they have

Quantity to each.

ments, how made, and to state what.

been assigned, and that said tracts are set apart for the exclusive and perpetual use and benefit of such assignees and their heirs. Until

otherwise provided by law such tracts shall be exempt from levy, Lands to be exempt, taxation, or sale, and shall be alienable in fee, or leased or otherwise etc.

disposed of only to the United States, or to persons of Indian blood,

lawfully residing within said territory with permission of the President Residence.
and under such regulations as the Secretary of the Interior shall
prescribe: Provided, That such allotments shall be made to such of
the above-described persons as have resided or shall hereafter reside

Indians to acquire no more rights than,

three years continuously on such reservation, and that the cost of such Cost, and how paid. lands to the United States shall be paid from any fund now held, or which may be hereafter held by the United States for the benefit of such Indians, and charged as a part of their distributive share, or shall be paid for by said Indians before such certificates are issued: Provided, Said Pottawatomie Indians shall neither acquire nor exercise under the laws of the United States any rights or privileges in said etc. Indian Territory, other than those enjoyed by the members of the Indian tribes lawfully residing therein. And for the protection of the rights of persons and property among themselves, they may enforce May enforce usages. the laws and usages heretofore enforced among them as an Indian tribe, not inconsistent with the Constitution and laws of the United States, and shall be entitled to equitable representation in the general territorial council, and subject to the general laws which it may legally enact.

Entitled to

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SEC. 2. When it shall be shown to the satisfaction of the Secretary of the Interior that any Indian of pure or mixed blood of the Absentee Shawnees, being a head of a family, or a person over twenty-one years of age, has resided, continuously, for the term of three years within the thirty-mile square tract lying west of the Seminole Reservation in the Indian Territory, and has made substantial improvements thereon, it shall be the duty of the Secretary of the Interior to issue to said Indian a certificate of allotment for eighty acres of land, to include, to the Absentee Shaw, so far as may be practicable, his or her improvements, together nee Indians. with an addition of twenty acres for each child under twenty-one To whom and how years of age belonging to the family of said Indian, which certificate shall include the same provisions as are included in the certificates of allotments of lands to be issued under the provisions of the first section of this act.

Approved, May 23, 1872.

Volume 1, page 217, insert:

[Forty-seventh Congress, second session, chap. 143, 1883.]

CHAP. 143. An Act Making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighty-hundred and eighty-four, and for other purposes.

That the sum of three hundred thousand dollars is hereby appropriated, to be paid into the treasury of the Cherokee Nation, out of the funds due under appraisement for Cherokee lands west of the Arkansas River, which sum shall be expended as the acts of the Cherokee legislature direct, this amount to be immediately available: Provided, That the Cherokee Nation, through its proper authorities, shall execute conveyances, satisfactory to the Secretary of the Interior, to the United States in trust only for the benefit of the Pawnees, Poncas, Nez Perces, Otoes and Missourias, and Osages now occupying said tract, as they respectively occupy the same before the payment of said sum of money.

Allotments of land

made, etc.

March 3, 1883.

22 Stat., 624.

Cherokee Nation, payment to.

Proviso.

May 17, 1900. 31 Stat., 179.

Public Lands.

Free homesteads for actual settlers, etc.

Volume 1, page 699, insert:

[Fifty-sixth Congress, first session, chap. 479, 1900.]

CHAP. 479.-An Act Providing for free homesteads on the public lands for actual and bona fide settlers, and reserving the public lands for that purpose. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all settlers under the homestead laws of the United States upon the agricultural public lands, which have already been opened to settlement, acquired prior to the passage of this Act by treaty or agreement from the various Indian tribes, who have resided or shall hereafter reside upon the tract entered in good faith for the period required by existing law, shall be entitled to a patent for the land so entered upon the payment to the local land officers of the usual and customary fees, and no other or further charge of any kind whatsoever shall be required from such settler Right to commute to entitle him to a patent for the land covered by his entry: Provided, That the right to commute any such entry and pay for said lands in the option of any such settler and in the time and at the prices now Payments to Indian fixed by existing laws shall remain in full force and effect: Provided, however, That all sums of money so released which if not released would belong to any Indian tribe shall be paid to such Indian tribe by the United States, and that in the event that the proceeds of the Agricultural colleges, annual sales of the public lands shall not be sufficient to meet the

Provisos.

continued.

tribes.

etc.

26 Stat., 417.

12 Stat. 503.

payments heretofore provided for agricultural colleges and experimental stations, by an Act of Congress, approved August thirtieth, eighteen hundred and ninety, for the more complete endowment and support of the colleges for the benefit of agriculture and mechanic arts, established under the provisions of an Act of Congress approved July second, eighteen hundred and sixty-two, such deficiency shall be paid by the United States: And provided further, That no lands shall be herein included on which the United States Government had Certain lands not made valuable improvements, or lands that have been sold at public auction by said Government.

included.

Repeal.

May 20, 1908. (H. R. 19541)

35 Stat., 169-171.

Chippewa Indian lands, Minn.

thereon.

34 Stat. 352: vol.

220.

SEC. 2. That all Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed.

Approved, May 17, 1900.

Volume 3, page 346 insert:

[Sixtieth Congress, first session.]

CHAP. 181.-An Act To authorize the drainage of certain lands in the State of

Minnesota.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

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SEC. 8. That hereafter homestead entries and final proofs may be Homestead entries, made upon all ceded Chippewa Indian lands in Minnesota embraced etc., may be made in the withdrawal under the Act of June 21, 1906, entitled "An Act making appropriations for the current and contingent expenses of 3, the Indian Department," (34 Stat., page 325), and patents may issue thereon as in other homestead cases, upon the payment by the entryman of the price prescribed by law for such land and on entries on the ceded Red Lake Reservation in addition thereto the sum of three cents per acre to repay the cost of drainage survey thereof, which addition shall be disposed of the same as the other proceeds of said land.

Patents, etc.

Approved, May 20, 1908.

Volume 3, page 527, insert:

[Sixty-Second Congress, second session.]

CHAP. 278.—An Act Providing for patents on reclamation entries, and for other

purposes.

August 9, 1912. (S. 5545)

37 Stat., 265.

Homesteaders under,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any homestead entry- Reclamation Act. man under the Act of June 17, 1902, known as the Reclamation Act, to receive patent when including entrymen on ceded Indian lands, may, at any time after conditions completed. having complied with the provisions of law applicable to such lands Final water-right ceras to residence, reclamation and cultivation, submit proof of such tificates. residence, reclamation and cultivation, which proof, if found regular and satisfactory, shall entitle the entryman to a patent, and all purchasers of water-right certificates on reclamation projects shall be entitled to a final water-right certificate upon proof of the cultivation and reclamation of the land to which the certificate applies, to the extent required by the Reclamation Act for homestead entrymen: Provided, That no such patent or certificate shall issue until all sums due the United States on account of such land or water-right at the quired." time of issuance of patent or certificate have been paid.

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[Sixty-second Congress, second session, chap. 17, 1913.]

CHAP. 17.-An Act Affecting the town sites of Timber Lake and Dupree in

South Dakota.

Proviso.
Payment in full re-

January 28, 1913. [H. R. 45.] 37 Stat., 653.

Public Lands.

Reservations in Tim

ber Lake and Dupree, Dak., town sites for

8.

public purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized and directed to cause to be set apart and reserved for school, park and other public purposes not more than five acres of the lands not heretofore disposed of, within each of the town sites of Timber Lake and Dupree, in that portion of the Cheyenne River and Standing Rock Indian Reservations in the States of South Dakota and North Dakota, authorized to be disposed of under the Act of May twenty-ninth, nineteen 35 Stat., 463. hundred and eight. Patents shall be issued for the lands so set apart and reserved for school, park or other public purposes to the said municipalities of Timber Lake and Dupree: Provided, That the pur- Print for town chase price of all town lots hereafter sold under the supervision of lots. the Secretary of the Interior in the said town sites of Timber Lake and Dupree shall be paid at such times and in such installments and upon such terms as he may direct, and he shall cause twenty per centum of the net proceeds arising from such sales to be set apart

Proviso.

buildings, etc.

and expended under his direction in the construction of schoolhouses Portion for public or other public buildings or improvements in the respective town sites in which lots are sold.

Approved, January 28, 1913,

November 12, 1913. 38 Stat., 1966.

Mission Indian Reservation, Calif. Preamble.

PART II.

PROCLAMATIONS RELATING TO INDIAN LANDS
AND RESERVES BY THE PRESIDENT OF THE
UNITED STATES.

[Proclamation, Fort Peck Reservation, July 25, 1913, and Proclamation, Lower
Brule Reservation, September 24, 1913, see Appendix, post 1192.]

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas by Executive order dated August 25, 1877, all the evennumbered sections and all the unsurveyed portions of T. 2 S., R. 1 E.; T. 2 S., R. 2 E.; T. 3 S., R. 1 E.; and T. 3 S., R. 2 E. of the San Bernardino meridian, except sections 16 and 36, and except all tracts the title to which has passed from the United States Government, were withdrawn from sale and settlement and set apart as a reservation for Mission Indian purposes; and

Whereas by Executive order dated March 9, 1881, all the unsurveyed portions of T. 2 S., R. 1 E., San Bernardino meridian, in California, except any tract or tracts the title to which has passed out of the United States, were withdrawn from sale and settlement and set apart as a reservation for Indian purposes; and

Whereas the commission appointed under the provision of the act of Congress approved January 12, 1891, entitled "An act for the relief of the Mission Indians in the State of California" (United States 26 Stat., 712; vol. 1, Statutes at Large, volume 26, page 712), selected for the Morongo Band of Mission Indians certain tracts of land in the foregoing townships, and intentionally omitted certain other tracts reported to be not used or occupied by the said Indians; and

383.

34 Stat., 1022; vol. 3, 73.

Revocation of orders withdrawing lauds for.

Whereas the report and recommendations of the said commission were approved by Executive order dated December 29, 1891, which order also directed that "all of the lands mentioned in said report are hereby withdrawn from settlement and entry until patents shall have issued for said selected reservations, and until the recommendations of the said commission shall be fully executed, and by the proclamation of the President of the United States the lands or any part thereof shall be restored to the public domain"; and

Whereas a patent was issued on December 14, 1908, to the said Morongo Indians for the lands selected for this band by the commission as aforesaid; and

Whereas, under authority of the act of March 1, 1907 (United States Statutes at Large, volume 34, page 1022), additional lands reported to be occupied and used by the Morongo Band of Mission Indians have been patented to the said band; and

Whereas filings can not be made on the lands not patented to the said Indians and reported to be not used or occupied by them until the Executive orders named herein have been modified; and

Whereas no good reasons appear of record or are known to exist for retaining any of the lands reserved for the said Morongo Band, except the tracts hereinafter described:

Now, therefore, I, Woodrow Wilson, President of the United States, by virtue of the power in me vested, do hereby declare and

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