Feb. 6, 1897. 29 Stat., 512. Gulf Railway through go reservations, Nebr. CHAP. 170.-An act to amend an act entitled "An act granting to the Eastern Nebraska and Gulf Railway Company right of way through the Omaha and Winnebago Indian reservations, in the State of Nebraska," by extending the time for the construction of said railway. Be it enacted by the Senate and House of Representatives of the United Right of way East States of America in Congress assembled, That the time prescribed by ern Nebraska and an Act of Congress approved the twenty-seventh day of June, eighteen Omaha and Winneba hundred and ninety-four, entitled "An Act granting to the Eastern Time for construc- Nebraska and Gulf Railway Company right of way through the Omaha onexion, ch. 117, and Winnebago Indian reservations, in the State of Nebraska," for the construction of said railway, be, and the same is hereby, extended for a period of three years from the twenty-seventh day of June, eighteen hundred and ninety-seven. tion extended. ante, p. 513. SEC. 2. That all other provisions of said Act are hereby continued in full force and effect. Approved, February 6, 1897. Feb. 15, 1897. 29 Stat., 527. and Canal Company CHAP. 228.—An act to grant to the Hudson Reservoir and Canal Company the right of way through the Gila River Indian Reservation. Be it enacted by the Senate and House of Representatives of the United Hudson Reservior States of America in Congress assembled, That the Hudson Reservoir granted right of way and Canal Company, a corporation created and existing under and by Gila River Indian Res- virtue of the laws of the Territory of Arizona, be, and the said corpo ervation, Ariz. Location. Width. Provisos. user. ration is hereby, authorized and empowered to locate, construct, own, maintain, and operate its main line of canal through and across the Indian reservation situated in the Territory of Arizona, known as the Gila River Reservation, occupied by the Pima, Maricopa, and Sacaton Indians, from a point on the northerly line of said reservation, running thence by the most practicable route to the southerly line of said reservation, and to construct, own, maintain, and operate such aqueducts, flumes, siphons, bridges, and other structures as may be necessary for the conveyance of water where the same can not be conveyed in the canal itself, and the development, utilization, and transmission of any power derived from the water so carried. SEC. 2. That a right of way fifty feet in width on each side of said main canal is hereby granted to said Hudson Reservoir and Canal Reversion for non- Company: Provided. That no part of the lands granted shall be used except in such manner and for such purposes only as shall be reasonably necessary for the construction and convenient operation of said canal and said other structures; but when any portion thereof shall cease to be so used, such portion shall revert to the tribe or tribes of Indians from which the same shall have been taken, or, in case they shall have ceased to occupy the same, to the United States: And provided further, occu- That when any such lands shall be taken for the purposes aforesaid the consent of the occupants thereof shall be obtained in a manner satisfactory to the President of the United States. Consent pants. of Compensation. Secretary of Interior to approve location, etc. SEC. 3. That before said canal or other structures shall be constructed through any lands held by individual occupants according to the laws, customs, and usages of any of the Indian tribes through which the same may be constructed, full compensation shall be made to such occupants for all property taken or damage done by reason of the construction of such canal or other structures, the amount of such compensation to be ascertained and determined in such manner as the Secretary of the Interior may direct, and to be subject to his final approval. SEC. 4. That said company shall cause maps showing the route of its located line through said Indian reservation to be filed in the office of the Secretary of the Interior, and that said location shall be approved by the Secretary of the Interior before any grading or construction upon any section or part of said located line shall be begun: Provided, That said canal and other structures be located and constructed with a due regard for the rights of the Indians and especially so as not to interfere with their irrigating ditches. Proviso. Rights of Indians. SEC. 5. That the officers, servants, and employees of said company Employees may re necessary to the construction, maintenance, management, and operation of the structures hereby authorized shall be allowed to reside while so engaged upon the lands herein granted, but subject to the provisions of the Indian intercourse laws, and such rules and regulations as may be established by the Secretary of the Interior in accordance with the said intercourse laws. SEC. 6. That said company shall have the right to survey and locate its canal immediately after the passage of this Act. SEC. 7. That in connection with the said canal and its appurtenances said company shall have the right to erect, maintain, and use a telegraph or telephone line, or both, and other appliances reasonably necessary or convenient for the construction, maintenance, and operation of the said canal and its appurtenances, but only within and upon the limits of the right of way hereby granted. Survey, etc. Telegraph and tele phone line. ance. Proviso. Water to Indians. SEC. 8. That the said Hudson Reservoir and Canal Company shall Condition of acceptaccept this right of way upon the express condition, binding upon itself, its successors, and assigns, that they will neither aid, advise, nor assist in any effort looking toward changing or extinguishing the present tenure of the Indians in their lands, and will not attempt to secure from the Indian tribes any further grant of land or its occupancy than is hereinbefore provided: Provided, That the rights herein granted are upon the express condition that the grantee thereof, its successors or assigns shall at all times during the continuance of the grant furnish the Indians located under its canal along said right of way with water sufficient for all domestic and agricultural purposes, and purposes of irrigation on such just and reasonable terms and under such rules and regulations as shall be prescribed by the Secretary of the Interior. SEC. 9. That Congress may at any time amend, alter, add to, or repeal this Act. Approved, February 15, 1897. Amendment, etc. CHAP. 230.-An act to extend and amend an act entitled "An act to grant the right of way to the Kansas, Oklahoma Central and Southwestern Railway Company through the Indian Territory and Oklahoma Territory, and for other purposes, approved December twenty-first, eighteen hundred and ninety-three. Feb. 15, 1897. 29 Stat., 529. Central and South through Indian and 1893, ch. 9, ante, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of an Act Right of way granted entitled "An Act to grant the right of way to the Kansas, Oklahoma Kansas, Oklahoma Central and Southwestern Railway Company through the Indian Terri- western Railway tory and Oklahoma Territory, and for other purposes," approved De- Oklahoma Territories cember twenty-first, eighteen hundred and ninety-three, be, and the extended. same are hereby, extended for a period of two years from and after p. 505; 1899, ch. 178, December twenty-first, eighteen hundred and ninety-six, so that said post, p. 678. Kansas, Oklahoma Central and Southwestern Railway Company shall have until December twenty-first, eighteen hundred and ninety-eight, to build the first one hundred miles of its said railway line in said Territories, and two years thereafter to complete the same. SEC. 2. That section one of said Act approved December twentyfirst, eighteen hundred and ninety-three, be amended to read as follows: "That the Kansas, Oklahoma Central and Southwestern Railway Company, a corporation organized, created, and existing under and by virtue of the laws of the Territory of Oklahoma, and of the laws of the State Location changed. Indian Territory. tory. of Kansas, be, and the same is hereby, invested and empowered with the right of locating, constructing, equipping, operating, using, and maintaining a railway, telegraph, and telephone line through the Indian Territory and Oklahoma Territory, including lands that have been allotted to Indians in severalty or reserved for Indian purposes, beginning at any point to be selected by said railway company on the south line of the State of Kansas, in the county of Montgomery, on the south line of section numbered thirteen or section numbered fourteen, township numbered thirty-five, range numbered thirteen east of the sixth principal meridian, or on the south line of section numbered thirteen or section numbered fourteen, township numbered thirty-five, range sixteen east of the sixth principal meridian, and running thence by the most practicable route through the Indian Territory to the west line thereof; thence in a south or southwesterly direction by the most Oklahoma Terri- practicable route into and through Oklahoma Territory to a point on the Texas State line and on Red River between said State of Texas and the Comanche and Apache Indian reservations, in said Oklahoma Territory, by way of Bartlesville, Pawhuska, Pawnee, Stillwater, Guthrie, and El Reno, in Oklahoma Territory, and passing through the Osage, Pawnee, Wichita, Kiowa, Comanche, and Apache Indian reservations, and through the organized counties of Pawnee, Payne, Logan, Oklahoma, and Canadian, in said Oklahoma Territory, with the right to construct, use, and maintain such tracks, turn-outs, sidings, and extensions as said company may deem to their interest to construct along and upon the right of way and depot grounds herein provided for. SEC. 3. That the said railway company shall have power to construct, equip, and operate a branch or extension from its main line, starting at or near Bartlesville, Indian Territory, and running thence in a south or southeasterly direction, a distance of not to exceed thirty miles, to coal and other mineral lands or mines which are operated or may hereafter be operated in the Cherokee Nation, Indian Territory; and for such purposes the said railway company is hereby empowered to acquire and occupy a right of way of the same dimensions, by the same methods, and for the same compensation as provided for in the original Act approved December twenty-first, eighteen hundred and ninety-three. Approved, February 15, 1897. Extension to mineral lands, Indian Territory. Feb. 23, 1897. 29 Stat., 592. reservations, Minne toba Railway extended. 1894, ch. 140, ante, p. 515. CHAP. 308.-An act to extend the time for the completion of the Saint Paul, Minneapolis and Manitoba Railway Company through the White Earth, Leech Lake, Chippewa, and Fond du Lac Indian reservations in the State of Minnesota. Be it enacted by the Senate and House of Representatives of the United Right of way, Indian States of America in Congress assembled, That the time for the consota, by St. Paul, Min- struction of the Saint Paul, Minneapolis and Manitoba Railway through neapolis and Mani- the White Earth, Leech Lake, Chippewa, and Fond du Lac Indian reservations in the State of Minnesota, as limited by section three of an Act of Congress entitled "An Act granting to the Saint Paul, Minneapolis and Manitoba Railway Company the right of way through the White Earth, Leech Lake, Chippewa, and Fond du Lac Indian reservations in the State of Minnesota," approved July eighteenth, eighteen hundred and ninety-four, together with the rights and privileges granted by said Act, be, and the same are hereby, revived and extended for the period of two years from the eighteenth day of July, eighteen hundred and ninety-seven. Approved, February 23, 1897. RESOLUTION No. 17.-Joint resolution to amend an act granting to the Duluth and sota. p. 550. Feb. 23, 1897. 29 Stat., 702. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That section five of an Act Right of way, Indian entitled "An Act granting to the Duluth and Winnipeg Railroad Com- reservations, Minnepany a right of way through the Chippewa and White Earth Indian 1994, ch. 342, ante, reservations in the State of Minnesota," approved August twentyseventh, eighteen hundred and ninety-four, be, and the same is hereby, amended by striking out the word "three" and inserting the word "five," and inserting the words "or its legal successor, the Duluth, Superior and Western Railroad Company," so that the bill will read: SEC. 5. That the right herein granted shall be forfeited by said Time extended for company or its legal successor, the Duluth, Superior and Western luth, Superior and Railroad Company, unless the road shall be constructed through the Western Railroad said reservations within five years after the passage of this Act." Approved, February 23, 1897. construction by Du Company. ACTS OF FIFTY-FIFTH CONGRESS—FIRST SESSION, 1897. CHAP 3.—An act making appropriations for the current and contingent expenses of the Indian Department and for fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June thirtieth, eighteen hundred and ninety-eight, and for other purposes. June 7, 1897. 30 Stat., 62. Be it enacted by the Senate and House of Representatives of the United Indian Department States of America in Congress assembled, That the following sums be, appropriations. and they are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of paying the current and contingent expenses of the Indian Department in full compensation for all offices the salaries for which are specially provided for herein for the service of the fiscal year ending June thirtieth, eighteen hundred and ninety-eight, and fulfilling treaty stipulations for the various Indian tribes, namely: [30 Stat., 67.] U. S. not liable for That all lands acquired and sold by the United States under the "Act for the relief and civilization of the Chippewa Indians in the State of Minnesota," approved January fourteenth, eighteen hundred and eighty-nine, shall be subject to the right of the United States to construct and maintain dams for the purpose of creating reservoirs in aid of navigation, and no claim or right of compensation shall accrue from the overflowing of said lands on account of the construction and overflows. maintenance of such dams or reservoirs. And the Secretary of War shall furnish the Commissioner of the General Land Office a list of such lands, with the particular tracts appropriately described, and in the disposal of each and every one of said tracts, whether by sale, by allotment in severalty to individual Indians, or otherwise, under said Act, the provisions of this paragraph shall enter into and form a part of the contract of purchase or transfer of title. [30 Stat., 72.] Leases permitted. ante, p. 136. See note to 1872. c. That the allottees of land within the limits of the Quapaw Agency, Indian Territory, are hereby authorized to lease their lands, or any part thereof, for a term not exceeding three years, for farming or 309, grazing purposes, or ten years for mining or business purposes. And said allottees and their lessees and tenants shall have the right to employ such assistants, laborers, and help from time to time as they may deem necessary: Provided, That whenever it shall be made to Proviso. allottee. Age or disability of appear to the Secretary of the Interior that, by reason of age or disability, any such allottee can not improve or manage his allotment properly and with benefit to himself, the same may be leased, in the discretion of the Secretary, upon such terms and conditions as shall be prescribed by him. All acts and parts of acts inconsistent with this are hereby repealed. Peoria and Miami Reservation. sell. That the adult allottees of land in the Peoria and Miami Indian Adult allottees may Reservation in the Quapaw Agency, Indian Territory, who have each received allotments of two hundred acres or more may sell one hundred acres thereof, under such rules and regulations as the Secretary of the Interior may prescribe. See note to 1872, c. 262, ante, p. 133. November, etc. That it shall be the duty of the Secretary of the Interior hereafter to Woolen clothing, cause the actual delivery of the woolen clothing herein contemplated delivery by 1st of and contemplated in prior Acts of Congress and treaties to the Sioux and Ponca Indians of Nebraska and North and South Dakota by the first day of November of the fiscal year for which such appropriations shall be made; [30 Stat.. 75.J Omaha, Nebr. Warehouse. Proviso. City to furnish building, etc. Leases permitted. [30 Stat., 76.] That the Secretary of the Interior shall, within one year after the passage of this Act, establish and thereafter maintain at the city of Omaha, in the State of Nebraska, a warehouse for Indian supplies, from which distributions shall be made to such Indian tribes of the West and Northwest as the Secretary of the Interior may direct: Provided, That the city of Omaha shall provide, equip, and furnish a building suitable for this purpose free of cost to the United States. That the Sisseton and Wahpeton Indians are hereby authorized to lease their lands, or any part thereof, for a term not exceeding three years for farming or grazing purposes. The Secretary of the Interior is hereby directed to confer with the etc., Southern Ute owners of the Montezuma Valley Canal, in the county of Montezuma Reservation, Colo- and State of Colorado, or any other parties, for the rado. Report. Naalem band, Tillamook tribe. Payment to. Proviso. Acceptance in full. [30 Stat., 86.] Chickasaw Nation, Ind. T., resurvey. of secur purpose ing by the Government water rights, or for the supply of so much water, or both, as he may deem necessary for the irrigation of that part of the Montezuma Valley lying within the boundaries of the Southern Ute Indian Reservation in said State, and for the domestic use of the Indians thereon; and he shall report to Congress at its next regular session the amount of water necessary to be secured for said purpose and the cost of the same, and such recommendations as he shall deem proper. That there be paid to the Naalem band of the Tillamook tribe of Indians, of Oregon, the sum of ten thousand five hundred dollars, to be apportioned among those now living and the heirs of those who may be dead, by the Secretary of the Interior, as their respective rights may appear; and that for this purpose there be appropriated, out of any moneys in the Treasury not otherwise appropriated, the sum of ten thousand five hundred dollars: Provided, That said Indians shall accept said sum in full of all demands or claims against the United States for the lands described in an agreement made with them dated the sixth day of August, eighteen hundred and fifty-one. For resurvey of the lands of the Chickasaw Nation, Indian Territory, one hundred and forty-one thousand five hundred dollars, to be immediately available: Provided, That such resurveys shall be made To be done by Geo- under the supervision of the Director of the Geological Survey by Provisos. logical Survey. |