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the remaining one million five hundred thousand ($1,500,000) dollars. to be retained in the Treasury of the United States, placed to the credit of said Indians, and while so retained to draw interest at the rate of five per centum per annum, to be paid to the said Indians per capita annually.

Nothing herein contained shall be held to affect in any way any annuities due said Indians under existing laws, agreements, or treaties.

"ARTICLE VIII.

[31 Stat., 679.1 Existing annuities.

Allotments by In

this agreement.

"It is further agreed that wherever in said reservation any member terior Department of any of the tribes of said Indians has, in pursuance of any laws or may be governed by under any rules or regulations of the Interior Department taken an allotment, such allotment, at the option of the allottee, shall be confirmed and governed by all the conditions attached to allotments taken under this agreement.

"ARTICLE IX.

"It is further agreed that any and all leases made in pursuance of Existing leases. the laws of the United States of any part of said reservation which may be in force at the time of the ratification by Congress of this agreement shall remain in force the same as if this agreement had not been made.

"ARTICLE X.

Certain persons married into tribes

"It is further agreed that the following named persons, not members by blood of either of said tribes, but who have married into one entitled to allotment. of the tribes, to wit, Mabel R. Given, Thomas F. Woodward, William Wyatt, Kiowa Dutch, John Nestill, James N. Jones, Christian Ke oh-tah, Edward L. Clark, George Conover, William Deitrick, Ben Roach, Lewis Bentz, Abilene, James Gardloupe, John Sanchez, the wife of Boone Chandler, whose given name is unknown, Emmit Cox, and Horace P. Jones, shall each be entitled to all the benefits of land and money conferred by this agreement, the same as if members by blood of one of said tribes, and that Emsy S. Smith, David Grantham, Zonee Adams, John T. Hill, and J. J. Methvin, friends of said Indians, who have rendered to said Indians valuable services, shall each be entitled to all the benefits, in land only, conferred under this agreement, the same as if members of said tribes.

"ARTICLE XI.

"This agreement shall be effective only when ratified by the Congress of the United States."

Said agreement be, and the same hereby is, accepted, ratified, and confirmed as herein amended.

That the Secretary of the Interior is hereby authorized and directed to cause the allotments of said lands, provided for in said treaty among said Indians, to be made by any Indian inspector or special agent.

That all allotments of said land shall be made under the direction of the Secretary of the Interior to said Indians within ninety days from the passage of this Act, subject to the exceptions contained in article. four of said treaty: Provided, That the time for making allotments shall in no event be extended beyond six months from the passage of this Act.

Ratification.

Special allotment agent, etc.

Proviso.

Limit of time for alloting.

Lands opened

That the lands acquired by this agreement shall be opened to settle- settlement." ment by proclamation of the President within six months after allotments are made and be disposed of under the general provisions of the homestead and town-site laws of the United States: Provided, That in

Proviso.
Price per acre.

to

[31 Stat., 680.]

homestead entries.

Soldiers and sailors
R. S., sec. 2304, 2305.

homesteads.

Persons now quali

fied for homestead

entry who have hith

erto failed to secure title.

addition to the land-office fees prescribed by statute for such entries the entryman shall pay one dollar and twenty-five cents per acre for the land entered at the time of submitting his final proof: And provided Commutation of further, That in all homestead entries where the entryman has resided upon and improved the land entered in good faith for the period of fourteen months he may commute his entry to cash upon the payment of one dollar and twenty-five cents per acre: And provided further. That the rights of honorably discharged Union soldiers and sailors of the late civil war, as defined and described in sections twenty-three hundred and four and twenty-three hundred and five of the Revised Statutes shall not be abridged: And provided further, That any person who, having attempted to but for any cause failed to secure a title in fee to a homestead under existing laws, or who made entry under what is known as the commuted provision of the homestead law, shall be qualified to make a homestead entry upon said lands: And provided Entry on land ad- further, That any qualified entryman having lands adjoining the lands joining existing en-herein ceded, whose original entry embraced less than one hundred and sixty acres in all, shall have the right to enter so much of the lands by this agreement ceded lying contiguous to his said entry as shall, with the land already entered, make in the aggregate one hundred and sixty acres, said land to be taken upon the same conditions as are required of other entrymen: And provided further, That the settlers who located on that part of said lands called and known as the "neutral strip "shall have preference right for thirty days on the lands upon which they have located and improved.

tries.

Preference right on "neutral strip."

Reservations schools, etc.

for

Payments not available for depredation claims.

Ante, p. 58.

Mineral deposits open to location.

Court of Claims to determine claims of

asaw.

517, ante, p. 656.

That sections sixteen and thirty-six, thirteen and thirty-three, of the lands hereby acquired in each township shall not be subject to entry, but shall be reserved, sections sixteen and thirty-six for the use of the common schools, and sections thirteen and thirty-three for university, agricultural colleges, normal schools, and public buildings of the Territory and future State of Oklahoma; and in case either of said sections, or parts thereof, is lost to said Territory by reason of allotment under this Act or otherwise, the governor thereof is hereby authorized to locate other lands not occupied in quantity equal to the loss.

That none of the money or interest thereon which is, by the terms of the said agreement, to be paid to said Indians shall be applied to the payment of any judgment that has been or may hereafter be rendered under the provisions of the Act of Congress approved March third, eighteen hundred and ninety-one, entitled "An Act to provide for the adjudication and payment of claims arising from Indian depredations.” That should any of said lands allotted to said Indians, or opened to settlement under this Act, contain valuable mineral deposits, such mineral deposits shall be open to location and entry, under the existing mining laws of the United States, upon the passage of this Act, and the mineral laws of the United States are hereby extended over said lands.

That as the Choctaw and Chickasaw nations claim to have some right, Choctaw and Chick- title, and interest in and to the lands ceded by the foregoing treaty as See note to 1898, ch. Soon as the same are abandoned by said Comanche, Kiowa, and Apache tribes of Indians, jurisdiction be, and is hereby, conferred upon the United States Court of Claims to hear and determine the said claim of the Chickasaws and the Choctaws, and to render a judgment thereon, it being the intention of this Act to allow said Court of Claims jurisdiction, so that the rights, legal and equitable, of the United States and the Choctaw and Chickasaw nations, and the Comanche, Kiowa, and Apache tribes of Indians in the premises shall be fully considered and determined, and to try and determine all questions that may arise on behalf of either party in the hearing of said claim; and the AttorneyGeneral is hereby directed to appear in behalf of the Government of the United States; and either of the parties to said action shall have

Provisos.

[31 Stat., 681.]

Claim not to be con

the right to appeal to the Supreme Court of the United States: Pro-appeal. vided, That such appeal shall be taken within sixty days after the -time for taking. rendition of the judgment objected to, and that the said courts shall give such causes precedence: And provided further, That nothing in strued as admitted, this Act shall be accepted or construed as a confession that the United etc. States admit that the Choctaw and Chickasaw nations have any claim to or interest in said lands or any part thereof.

Provisos.
Claim barred by fail-

That said action shall be presented by a single petition making the Procedure. United States party defendant, and shall set forth all the facts on which the said Choctaw and Chickasaw nations claim title to said land; and said petition may be verified by the authorized delegates, agents, or attorneys of said Indians upon their information and belief as to the existence of such facts, and no other statement or verification shall be necessary: Provided, That if said Choctaw and Chickasaw nations do not bring their action within ninety days from the approval ure to bring action. of this Act, or should they dismiss said suit, and the same shall not be reinstated, their claim shall be forever barred: And provided further, That, in the event it shall be adjudged in the final judgment Disposal of fund on or decree rendered in said action that said Choctaw and Chickasaw judgment for Choctaw and Chickasaw, Nations have any right, title, or interest in or to said lands for which they should be compensated by the United States, then said sum of one million five hundred thousand ($1,500,000 dollars, shall be subject to such legislation as Congress may deem proper. Approved, June 6, 1900.

ACTS OF FIFTY-SIXTH CONGRESS-SECOND SESSION, 1901.

CHAP. 350.-An act providing for allotments of lands in severalty to the Indians of the La Pointe or Bad River Reservation, in the State of Wisconsin.

Feb. 11, 1901.

31 Stat., 766.

Allotments authorized to Indians of La

Pointe or Bad River

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That with the consent of the Chippewa Indians of Lake Superior, located on the Bad River Reservation, in the State of Wisconsin, to be obtained in such manner Reservation, Wis. as the Secretary of the Interior may direct, the President may allot to each Indian now living and residing on said reservation and entitled to so reside, and who has not heretofore received an allotment, not exceeding eighty acres of land, such allotments to be subject in all respects, except as to the age and condition of the allottee, to the provisions of the third article of the treaty with the Chippewas of Lake Superior and the Mississippi, concluded September thirtieth, eighteen hundred and fifty-four.

Approved, February 11, 1901.

Vol. 2, p. 486.

CHAP. 360.-An act granting permission to the Indians on the Grand Portage Indian Reservation, in the State of Minnesota, to cut and dispose of the timber on their several allotments on said reservation.

Feb. 12, 1901.

31 Stat., 785.

Grand Portage Reservation, Minn. Indians may cut

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Indians on the Grand Portage Indian Reservation, in the State of Minnesota, shall be, and they are hereby, permitted to cut and dispose of the timber on their timber on their allotseveral allotments, under such rules and regulations as may be prescribed by the Secretary of the Interior.

Approved, February 12, 1901.

ments, etc.

Feb. 12, 1901.

31 Stat., 786.

Arizona Water Com

Reservation, Ariz.

CHAP. 361.-An act to authorize Arizona Water Company to construct power plant on Pima Indian Reservation in Maricopa County, Arizona.

Be it enacted by the Senate and House of Representatives of the United pany may erect power States of America in Congress assembled, That the Arizona Water plant on Pima Indian Company, its successors and assigns, be, and it hereby is, authorized to erect, construct, maintain, and operate a water-power plant at the place on the Indian reservation set apart for the Pima and Maricopa Indians by Executive order dated June fourteenth, eighteen hundred and seventy-nine, in the County of Maricopa, Territory of Arizona, where the Arizona Canal, by means of a crosscut canal, drops a portion of the water back into the Salt River theretofore taken out by its dam and head gate. Said Arizona Water Company, its successors or assigns, is also authorized to erect, construct, and maintain the necessary poles and wires for the purpose of transmitting across said reservation, at the most practicable and convenient route, the electricity to be generated by such power plant: Provided, however, That said Arizona Water Company, its successors or assigns, shall at all times save and protect all persons on said Indian reservation from any and all damages which may be caused by the erection and maintenance of said power plant, pole line, and wires used in connection therewith. Approved, February 12, 1901.

Proviso.
Damages.

Feb. 13, 1901.

31 Stat., 790.

Lower Brule Indian
Certain lands in,

Reservation, S. Dak.

opened to settlement.

CHAP. 370.-An act to provide for the entry of lands formerly in the Lower Brule
Indian Reservation, South Dakota.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all lands in that portion of the Lower Brule Indian Reservation, in the State of South Dakota, ceded to the United States by the Act of March fourth, eighteen hundred and ninety-eight, and ratified by the Act of March third, eighteen hundred and ninety-nine, are hereby opened to settlement and entry under the public land laws of the United States, including the homestead laws.

Approved, February 13, 1901.

Feb. 25, 1901.

31 Stat., 805.

Purchase of lieu ton band of Sioux In ty, Minn., authorized. 1876, c. 289, note,

lands for Mdewakan

dians, Redwood Coun

ante, p. 166.

CHAP. 474.-An act for the relief of the Medawakanton band of Sioux Indians, residing in Redwood County, Minnesota.

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 hereby is, authorized to sell, dispose of, and convey the north fractional half of the northeast quarter and the southeast quarter of the northeast quarter of section one, township one hundred and twelve, range thirty-five, in Redwood County, Minnesota, purchased in eighteen hundred and eighty-nine for the use of the Medawakanton band of Sioux Indians, residing in Redwood County, for cash at the best obtainable price not less than thirteen dollars per acre, and that he is hereby authorized and empowered to purchase other lands in said Consent of Indians. County for said Indians with the proceeds arising from such sale: Provided, That the written consent of the adult Indians residing in Redwood County, Minnesota, shall first be given.

Proviso.

Approved, February 25, 1901.

CHAP. 616-An act to confirm a lease with the Seneca Nation of Indians.

Feb. 27, 1901.

31 Stat.. 816.

Seneca Nation of Indians.

pany ratified.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whereas on the eighteenth day of November, eighteen hundred and ninety-nine,Lease of land to Charles Dennis, a Seneca Indian, leased to the Erie Preserving Com- Erie Preserving Company, as a site for a manufacturing plant, a certain piece of land near See note to 1875, c. the village of Irving, New York; and whereas on the twenty-ninth 90, ante, p. 155. day of December, eighteen hundred and ninety-nine, the said lease was confirmed, ratified, and approved by the council of the Seneca Nation of Indians, according to its terms and conditions: Now, therefore, the action of the said Charles Dennis and of said Seneca Nation, by its council, is ratified, confirmed, and approved.

Approved, February 27, 1901.

CHAP. 622-An act to regulate the collection and disbursement of moneys arising from leases made by the Seneca Nation of New York Indians, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all moneys which shall belong to the Seneca Nation of New York Indians arising from existing leases or leases that may hereafter be made of lands within the Cattaraugus, Allegany and Oil Springs reservations, shall be paid to and be recoverable to the United States Indian agent for the New York Indian Agency for and in the name of the said Seneca Nation: Provided, That nothing herein contained shall be held to validate or confirm any lease that otherwise may be invalid.

SEC. 2. That from the moneys so received from said leases the said agent shall annually, on the first Wednesday after the first Tuesday in June, pay over to the treasurer of the Seneca Nation the sum of two thousand five hundred dollars for the disposal by its council, and shall distribute the balance of said moneys, after deducting as hereinafter provided, among the heads of families of the Seneca Nation in like manner and under the same conditions that the annuities paid to the said nation by the United States are distributed.

Feb. 28, 1901.

31 Stat., 819.

Seneca Nation of * New York Indians.

Collection moneys payable to agent New York Indian Agency. 90, ante, p. 155.

of from leases

See note, 1875, c.

Proviso.

Invalid leases unaffected.

Payments by agent to Indians.

Bond of agent.

SEC. 3. That the said agent shall give bond to the United States in such sum as may be approved by the Secretary of the Interior, and he shall make an annual report to the Commissioner of Indian Affairs of report. the receipt and disbursement of all moneys arising from said leases, and he shall receive annually, as additional compensation, the sum of -compensation. two dundred and fifty dollars.

SEC. 4. That the treasurer of the Seneca Nation shall annually, on the last Tuesday in April, make a written report to the United States Indian agent of the New York Indian Agency of all moneys received and disbursed by him as treasurer of said Seneca Nation.

SEC. 5. That all Acts or parts of Acts inconsistent with this Act are hereby repealed.

Approved, February 28, 1901.

Report of treasurer of Seneca Nation.

Repeal.

CHAP. 675.-An act to ratify and confirm an agreement with the Cherokee tribe of Indians, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the agreement negotiated between the Commission to the Five Civilized Tribes and the Cherokee tribe of Indians at the city of Washington on the ninth day of April, nineteen hundred, as herein amended, is hereby accepted, ratified, and confirmed, and the same shall be of full force and effect if ratified by

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