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assigns, that they will neither aid, advise, nor assist in any effort looking toward the changing or extinguishing the present tenure of the Indians in their land, and will not attempt to secure from the Indian tribes any further grant of land or its occupancy than is hereinbefore provided: Provided, That any violation of the condition mentioned in this section shall operate as a forfeiture of all the rights and privileges of said irrigation company under this act.

SEC. 6. That Congress may at any time amend, add to, alter, or repeal this act.

Approved, October 1, 1890.

Proviso.
Forfeiture.

Amendment, etc.

CHAP. 1277.—An act granting to the Newport and King's Valley Railroad Company the right of way through the Siletz Indian Reservation.

Oct. 1, 1890.

26 Stat., 663.

Newport and King's Valley Railroad ComIndian Reservation.

pany may cross Siletz

Right of way.

Location.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the right of way is hereby granted to the Newport and Kings Valley Railroad Company, a corporation organized and existing under the laws of the State of Oregon, for the construction of its railroad through the Siletz Indian Reservation, beginning at a point on the easterly line of said reservation where Rock Creek crosses said line and running thence westerly down the valley of Rock Creek and the valley of Siletz River to the western boundary of said reservation at or near the southwest corner thereof. SEC. 2. That the right of way hereby granted to said company shall be seventy-five feet in width on each side of the central line of said. railroad as aforesaid; and said company shall also have the right to take from said lands adjacent to the line of said road material, stone, earth, Material, etc. and timber necessary for the construction of said railroad; also ground adjacent to such right of way for station-buildings, depots, machineshops, side-tracks, turn-outs, and water-stations, not to exceed in amount three hundred feet in width and three thousand feet in length for each station, to the extent of one station for each ten miles of road.

Width.

Damages.

to approve location,

SEC. 3. That it shall be the duty of the Secretary of the Interior to Compensation to Infix the amount of compensation to be paid the Indians for such right dians. of way, and provide the time and manner for the payment thereof, and also to ascertain and fix the amount of compensation to be made individual members of the tribe for damages sustained by them by reason of the construction of said road; but no right of any kind shall vest in said railway company in or to any part of the right of way herein provided for until plats thereof, made upon actual survey for the def inite location of such railroad, and including the points for station-building, depots, machine-shops, side-tracks, turn-outs, and water-stations, shall be filed with and approved by the Secretary of the Interior, Secretary of Interior which approval shall be made in writing and be open for the inspection etc." of any party interested therein, and until the compensation aforesaid has been fixed and paid; and the surveys, construction, and operation of such railroad shall be conducted with due regard for the rights of the Indians, and in accordance with such rules and regulations as the Secretary of the Interior may make to carry out this provision: Provided, That the consent of the Indians to said right of way shall be obtained by said railroad company in such manner as the Secretary of the Interior shall prescribe, before any right under this act shall accrue to said company: And provided further, That no greater rate shall be charged upon said road within said reservation for the transportation of passengers or freight than is charged for a like service outside of said reservation.

Provisos.

Consent of Indians.

Transportation

charges.

No assignment be

SEC. 4. That said company shall not assign or transfer or mortgage this right of way for any purpose whatever until said road shall be fore completion. completed: Provided, That the company may mortgage said franchise,

Provisos.

gage.

Completion.

Construction mort together with the rolling stock, for money to construct and complete said road: And provided further, That the right granted herein shall be lost and forfeited by said company unless the road is constructed and in running order across said reservation within two years from the passage of this act.

Condition of accept

ance.

Proviso.
Forfeiture.

Amendment, etc.

Oct. 1, 1890.

26 Stat., 664.

Rio Grande Junction Railway Company.

Conveyance to, of

right of way, etc.

Location.

Provisos.

SEC. 5. That said railway company shall accept this right of way upon the expressed condition, binding upon itself, its successors and assigns, that they will neither aid, advise, nor assist in any effort looking towards the changing or extinguishing the present tenure of the Indians in their land, and will not attempt to secure from the Indian tribes any further grant of land or its occupancy than is herein before provided: Provided, That any violation of the condition mentioned in this section shall operate as a forfeiture of all the rights and privileges of said railway company under this act.

SEC. 6. That Congress may at any time amend, add to, alter, or repeal this act.

Approved, October 1, 1890.

CHAP. 1278.-An act to authorize the Secretary of the Interior to convey to the Rio
Grande Junction Railway Company certain lands in the State of Colorado in lieu
of certain other lands in said State conveyed by the said company to the United
States.

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 hereby is, authorized to convey in fee to the lands in Colorado, for Rio Grande Junction Railway Company, for right of way and other necessary railroad purposes, a strip of land in Mesa County, State of Colorado, now held by the United States for school purposes in connection with Grand Junction Indian school, said land being described as follows: Beginning at a point on the Ute meridian one thousand seven hundred and sixty-nine and seven-tenths feet north of the southwest corner of section eighteen, township one south of range one east of the Ute meridian; thence running northward along the said Ute meridian to the northwest corner of the southwest quarter of said section eighteen; thence easterly along the north line of the said southwest quarter of section eighteen to the northeast corner of the said southwest quarter of section eighteen; thence in a southerly direction along the east line of the said southwest quarter of section eighteen forty feet; thence in a straight line and in a southwesterly direction to the place of beginning, not to exceed in the aggregate twenty-six and three-tenths acres: Provided, That the said in lieu, by the com- railway company shall first convey or cause to be conveyed to the United States in fee, which conveyance shall be satisfactory to the Attorney-General of the United States, the following-described land, in lieu of the land to be conveyed to the said company as herein provided: Commencing at the southeast corner of the southwest quarter of section eighteen, township one south, of range one east, of the Ute meridian; thence running east along the south line of said section. eighteen seventy rods; thence north eighty rods, more or less; to the north line of the southwest quarter of the southeast quarter of said section eighteen; thence west seventy rods to the east line of the southwest quarter of said section eighteen; thence south eighty rods, more or less, to the place of beginning; being the west thirty-five acres of the south half of the southeast quarter of section eighteen, township one south, of range one east, of the Ute meridian, together with water rights appurtenant thereto, including twenty-two statute inches of water from the Mesa County ditch, for the irrigation of said land: Provided further, That the said railway company shall build and maintain a fence the line of railway next to the school lands: And

Conveyance of lands

pany.

Location.

Water rights

Fence.

irrigation reserved.

provided also, That the United States reserves the unrestricted right Right of way for of way for irrigation purposes over said land to be conveyed to said company as herein provided.

Approved, October 1, 1890.

ACTS OF FIFTY-FIRST CONGRESS-SECOND SESSION, 1891.

CHAP. 65.-An act for the relief of the Mission Indians in the State of California.

Jan. 12, 1891.

26 Stat., 712.

Mission Indians, Cal
Settlement upon res-

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That immediately after the passage of this act the Secretary of the Interior shall appoint three dis- ervations. interested persons as commissioners to arrange a just and satisfactory settlement of the Mission Indians residing in the State of California, upon reservations which shall be secured to them as hereinafter provided.

of

Appointment commission. 1892, c. 139, post, p.

440.

Duties of commissioners.

Appraisal of im

Removals from confirmed private grants.

Surveyor and assist

ants.

Report.

Issue of reservation

SEC. 2. That it shall be the duty of said commissioners to select a reservation for each band or village of the Mission Indians residing Selection of reservawithin said State, which reservation shall include, as far as practicable, tions. the lands and villages which have been in the actual occupation and possession of said Indians, and which shall be sufficient in extent to meet their just requirements, which selection shall be valid when approved by the President and Secretary of the Interior. They shall also appraise the value of the improvements belonging to any person to whom valid existing rights have attached under the public-land laws provements. of the United States, or to the assignee of such person, where such improvements are situated within the limits of any reservation selected and defined by said commissioners subject in each case to the approval of the Secretary of the Interior. In cases where the Indians are in occupation of lands within the limits of confirmed private grants, the commissioners shall determine and define the boundaries of such lands, and shall ascertain whether there are vacant public lands in the vicinity to which they may be removed. And the said commission is hereby authorized to employ a competent surveyor and the necessary assistants. SEC. 3. That the commissioners, upon the completion of their duties, shall report the result to the Secretary of the Interior, who, if no valid objection exists, shall cause a patent to issue for each of the reservations selected by the commission and approved by him in favor trust-patents in comof each band or village of Indians occupying any such reservation, which patents shall be of the legal effect, and declare that the United States does and will hold the land thus patented, subject to the provisions of section four of this act, for the period of twenty-five years, in trust, for the sole use and benefit of the band or village to which it is issued, and that at the expiration of said period the United States will convey the same or the remaining portion not previously patented in severalty by patent to said band or village, discharged of said trust, and free of all charge or incumbrance whatsoever: Provided, That no patent shall embrace any tract or tracts to which existing valid rights Existing have attached in favor of any person under any of the United States rights. laws providing for the disposition of the public domain, unless such person shall acquiesce in and accept the appraisal provided for in the preceding section in all respects and shall thereafter, upon demand and payment of said appraised value, execute a release of all title and claim thereto; and a separate patent, in similar form, may be issued Lien-lands to for any such tract or tracts, at any time thereafter. Any such person shall be permitted to exercise the same right to take land under the public-land laws of the United States as though he had not made settlement on the lands embraced in said reservation; and a separate patent,

mon.

Terms of trust.

Provisos.

valid

cepting settlers. Settlers' rights.

ac

Lieu-lands to cepting railroads.

ac- in similar form, may be issued for any tract or tracts at any time after the appraised value of the improvements thereon shall have been paid: And provided further, That in case any land shall be selected under this act to which any railroad company is or shall hereafter be entitled to receive a patent, such railroad company shall, upon releasing all claim and title thereto, and on the approval of the President and Secretary of the Interior, be allowed to select an equal quantity of other land of like value in lieu thereof, at such place as the Secretary of the Custody of trust Interior shall determine: And provided further, That said patents

patents.

Copies.

Allotments in severalty.

Head of family.

Single person.

Patents to allottees.

In trust.

declaring such lands to be held in trust as aforesaid shall be retained and kept in the Interior Department, and certified copies of the same shall be forwarded to and kept at the agency by the agent having charge of the Indians for whom such lands are to be held in trust, and said copies shall be open to inspection at such agency.

SEC. 4. That whenever any of the Indians residing upon any reservation patented under the provisions of this act shall, in the opinion of the Secretary of the Interior, be so advanced in civilization as to be capable of owning and managing land in severalty, the Secretary of the Interior may cause allotments to be made to such Indians, out of the land of such reservation, in quantity as follows: To each head of a family not more than six hundred and forty acres nor less than one hundred and sixty acres of pasture or grazing land, and in addition thereto not exceeding twenty acres, as he shall deem for the best interest of the allottee, of arable land in some suitable locality; to each single person over twenty-one years of age not less than eighty nor more than six hundred and forty acres of pasture or grazing land and not exceeding ten acres of such arable land.

SEC. 5. That upon the approval of the allotments provided for in the preceding section by the Secretary of the Interior he shall cause patents to issue therefor in the name of the allottees, which shall be of the legal effect and declare that the United States does and will hold the land thus allotted for the period of twenty-five years, in trust for the sole use and benefit of the Indian to whom such allotment shall have been made, or, in case of his decease, of his heirs according to the laws of the State of California, and that at the expiration of said period the United States will convey the same by patent to the said Indian, or his heirs as aforesaid, in fee, discharged of said trust and free of all charge or incumbrance whatsoever. And if any conveyance shall be made of Prior conveyances, the lands set apart and allotted as herein provided, or any contract made touching the same, before the expiration of the time above mentioned, such conveyance or contract shall be absolutely null and void: Provided, That these patents, when issued, shall override the patent Power of severalty authorized to be issued to the band or village as aforesaid, and shall separate the individual allotment from the lands held in common, which proviso shall be incorporated in each of the village patents.

In fee.

etc., void.

Proviso.

patents.

Rights of Indians on Mexican land grants.

Attorney-General to defend, etc.

Compensation of commissioners.

SEC. 6. That in cases where the lands occupied by any band or village of Indians are wholly or in part within the limits of any confirmed private grant or grants, it shall be the duty of the AttorneyGeneral of the United States, upon request of the Secretary of the Interior, through special counsel or otherwise, to defend such Indians in the rights secured to them in the original grants from the Mexican Government, and in an act for the government and protection of Indians passed by the legislature of the State of California April twenty-second, eighteen hundred and fifty, or to bring any suit, in the name of the United States, in the Circuit Court of the United States for California, that may be found necessary to the full protection of the legal or equitable rights of any Indian or tribe of Indians in any of such lands.

SEC. 7. That each of the commissioners authorized to be appointed by the first section of this act shall be paid at the rate of eight dollars

per day for the time he is actually and necessarily employed in the discharge of his duties, and necessary traveling expenses; and for the payment of the same, and of the expenses of surveying, the sum of ten thousand dollars, or so much thereof as may be necessary, is Appropriation. hereby appropriated out of any money in the Treasury not otherwise appropriated.

Rights of way across patent.

reservations, prior to

Secretary of Interior

may grant.

For water pipes, etc.
Conditions.

Provisos.

Conditional

bond

etc.

SEC. 8. That previous to the issuance of a patent for any reservation as provided in section three of this act the Secretary of the Interior may authorize any citizen of the United States, firm, or corporation to construct a flume, ditch, canal, pipe, or other appliances for the conveyance of water over, across, or through such reservation for agricultural, manufacturing, or other purposes, upon condition that the Indians owning or occupying such reservation or reservations shall, at all times during such ownership or occupation, be supplied with sufficient quantity of water for irrigating and domestic purposes upon such terms as shall be prescribed in writing by the Secretary of the Interior, and upon such other terms as he may prescribe, and may grant For railroads, etc. a right of way for rail or other roads through such reservation: Provided, That any individual, firm, or corporation desiring such privilege shall first give bond to the United States, in such sum as may be required by the Secretary of the Interior, with good and sufficient sureties, for the performance of such conditions and stipulations as said Secretary may require as a condition precedent to the granting of such authority: And provided further, That this act shall not authorize the Secretary of the Interior to grant a right of way to any railroad company through any reservation for a longer distance than ten miles. And any patent issued for any reservation upon which such privilege has been granted, or for any allotment therein, shall be subject to such privilege, right of way, or easement. Subsequent to the issuance of Rights of way, after any tribal patent, or of any individual trust patent as provided in section five of this act, any citizen of the United States, firm, or corporation may contract with the tribe, band, or individual for whose use and benefit any lands are held in trust by the United States, for the right to construct a flume, ditch, canal, pipe, or other appliances for the conveyance of water over, across, or through such lands, which contract shall not be valid unless approved by the Secretary of the Interior under such conditions as he may see fit to impose. Approved, January 12, 1891.

Limit of distance.

issue of patents.

of

Secretary of Inte Subject to approval

rior.

CHAP. 77.-An act to enable the Secretary of the Interior to carry out, in part, the provisions of "An act to divide a portion of the reservation of the Sioux Nation of Indians in Dakota into separate reservations and to secure the relinquishment of the Indian title to the remainder, and for other purposes," approved March second, eighteen hundred and eighty-nine, and making appropriations for the same and for other purposes.

Whereas in accordance with section twenty-eight of the act of March second, eighteen hundred and eighty-nine, entitled "An act to divide a portion of the reservation of the Sioux Nation of Indians in Dakota into separate reservations and to secure the relinquishment of the Indian title to the remainder, and for other purposes" (public one hundred and forty-eight), the President of the United States has made known, by proclamation, that satisfactory proof has been presented to him that the consent of the different bands of the said Sioux Nation of Indians to the said act has been obtained in the manner and form required by the said twelfth article of the treaty of April twenty-ninth, eighteen hundred and sixty-eight: Therefore,

Jan. 19, 1891.

26 Stat., 720.

Preamble.

See note, 1876, c. 289, ante, p. 166.

Sioux Indian Reservation, Dak., appro

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sums, or
so much thereof as may be necessary, be, and the same are hereby, priations, etc.
S. Doc. 452, pt 1-

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