SEC. 10. [Public highways.] That public highways or roads, two rods in width, being one rod on each side of all section lines, in the Osage Indian Reservation, may be established without any compensation therefor. [34 Stat. L. 545.] SEC. 11. [Lands for railroad purposes — restriction.] That all lands taken or condemned by any railroad company in the Osage Reservation, in pursuance of any Act of Congress or regulation of the Department of the Interior, for rights of way, station grounds, side tracks, stock pens and cattle yards, water stations, terminal facilities, and any other railroad purpose, shall be, and are hereby, reserved from selection and allotment and confirmed in such railroad companies for their use and benefit in the construction, operation, and maintenance of their railroads: Provided, That such railroad companies shall not take or acquire hereby any right or title to any oil, gas, or other mineral in any of said lands. [34 Stat. L. 545.] SEC. 12. [Enforcement.] That all things necessary to carry into effect the provisions of this Act not otherwise herein specifically provided for shall be done under the authority and direction of the Secretary of the Interior. [34 Stat. L. 545.] An Act Making appropriations for the current and contingent expenses of the Indian Department, for fulfilling treaty stipulations with various Indian tribes, and for other purposes, for the fiscal year ending June thirtieth, nineteen hundred and eight. - open [Act of March 1, 1907, ch. 2285, 34 Stat. L. 1015.] -- [SEC. 1.] [Purchase of supplies to be advertised exception irrigation market purchases, etc. — work on irrigation projects - use of surplus for subsistence deficiencies- report of diversions- stock cattle from subsistence funds treaty funds excluded - transfer of funds for employees, etc. — amount for supplies immediately available transfer of property not in use.] * *That no purchase of supplies for which appropriations are made herein, exceeding in the aggregate five hundred dollars in value at any one time, shall be made without first giving at least three weeks' public notice by advertisement, except in cases of exigency, when, in the discretion of the Secretary of the Interior, who shall make official record of the facts constituting the exigency and shall report the same to Congress at its next session, he may direct that purchases may be made in open market in amount not exceeding three thousand dollars at any one purchase: Provided, That supplies may be purchased, contracts let, and labor employed for the construction of artesian wells, ditches, and other works for irrigation, in the discretion of the Secretary of the Interior, without advertising as hereinbefore provided: Provided further, That as far as practicable Indian labor shall be employed and purchase in the open market made from Indians, under the direction of the Secretary of the Interior. And the employment of such Indians and the hiring of their property, in connection with the construction of any irrigation project under the Reclamation Service, shall be exempt from the provisions of sections thirty-seven hundred and nine and thirty-seven hundred and forty-four, Revised Statutes. That hereafter the Secretary of the Interior, under the direction of the President, may use any surplus that may remain in any of the said appropriations for the purchase of subsistence for the several Indian tribes, to an amount not exceeding twentyfive thousand dollars in the aggregate, to supply any subsistence deficiency that may occur: Provided, That any diversions which shall be made under authority of this section shall be reported in detail, and the reason therefor, to Congress, at the session of Congress next succeeding such diversion: Provided further, That the Secretary of the Interior, under direction of the President, may use any sums appropriated in this Act for subsistence, and not absolutely necessary for that purpose, for the purchase of stock cattle for the benefit of the tribe for which such appropriation is made, and shall report to Congress, at its next session thereafter, an account of his action under this provision: Provided further, That funds appropriated to fulfill treaty obligations shall not be used. That hereafter when not required for the purpose for which appropriated, the funds provided for the pay of specified employees at any Indian agency may be used by the Secretary of the Interior for the pay of other employees at such agency, but no deficiency shall be thereby created; and, when necessary, specified employees may be detailed for other service when not required for the duty for which they were engaged; and that the several appropriations made for millers, blacksmiths, engineers, carpenters, physicians, and other persons, and for various articles provided for by treaty stipulation for the several Indian tribes, may be diverted to other uses for the benefit of said tribes, respectively, within the discretion of the President, and with the consent of said tribes, expressed in the usual manner; and that he cause report to be made to Congress, at its next session thereafter, of his action under this provision: Provided, That so much of the appropriations of any annual Indian appropriation Act as may be required to pay for goods and supplies, for expenses incident to their purchase, and for transportation of the same, for the fiscal year for which such appropriations are made, shall be immediately available, upon the approval of such Act, but no such goods or supplies shall be distributed or delivered to any of said Indians prior to the beginning of such fiscal year. That hereafter where there is Government property on hand at any of the Indian reservations or schools not required for the use or benefit of the Indians of said reservations or schools, the Secretary of the Interior is hereby authorized to move such property to other Indian reservations or schools where it may be required. [34 Stat. L. 1015.] * * [Commissioner of Indian affairs — payment of taxes from share of allottee in tribal funds restriction.] * In any case where the restrictions as to alienation have been removed with respect to any Indian allottee, or as to any portion of the lands of any Indian allottee, and such allottee as an individual, or as a member of any tribe, has an interest in any fund held by the United States beyond the amount by law chargeable to such Indian or tribe on account of advances, the Commissioner of Indian Affairs is hereby authorized, prior to the date at which any penalties for the nonpayment of taxes would accrue under the Laws of the State or Territory in which such land is situated, to pay such taxes and charge the amount thereof to such allottee, to be deducted from the share of such allottee in the final distribution or payment to him from such fund: Provided, That no such payment shall be made by said Commissioner where it is in excess of the amount which will ultimately be due said allottee. [34 Stat. L. 1016.] [Admission of white children to Indian schools- tuition fees - deposit of fees.] * ** That hereafter white children may, under rules and regulations prescribed by the Commissioner of Indian Affairs, be admitted to any Indian day school: Provided, That the tuition fees charged for such children shall in no case exceed the tuition fees allowed or charged by the State or county in which such school is situated for the children admitted in the common schools of such State or county: And provided further. That all tuition fees paid for white. children enrolled in Indian day schools shall be deposited in the United States Treasury to reimburse the funds out of which the schools last mentioned are maintained. [34 Stat. L. 1018.] * [Noncompetent Indians-sale of allotments-proceeds fee title to issue.] ** That any noncompetent Indian to whom a patent containing restrictions against alienation has been issued for an allotment of land in severalty, under any law or treaty, or who may have an interest in any allotment by inheritance, may sell or convey all or any part of such allotment or such inherited interest on such terms and conditions and under such rules and regulations as the Secretary of the Interior may prescribe, and the proceeds derived therefrom shall be used for the benefit of the allottee or heir so disposing of his land or interest, under the supervision of the Commissioner of Indian Affairs; and any conveyance made hereunder and approved by the Secretary of the Interior shall convey full title to the land or interest so sold, the same as if feesimple patent had been issued to the allottee. [34 Stat. L. 1018.] An Act Providing for the allotment and distribution of Indian tribal funds. [Act of March 2, 1907, ch. 2523, 34 Stat. L. 1221.] [SEC. 1.] [Indian tribal funds — allotment, etc., of, authorized to individual Indians - application-payment of existing claims.] That the Secre tary of the Interior is hereby authorized, in his discretion, from time to time, to designate any individual Indian belonging to any tribe or tribes whom he may deem to be capable of managing his or her affairs, and he may cause to be apportioned and allotted to any such Indian his or her pro rata share of any tribal or trust funds on deposit in the Treasury of the United States to the credit of the tribe or tribes of which said Indian is a member, and the amount so apportioned and allotted shall be placed to the credit of such Indian upon the books of the Treasury, and the same shall thereupon be subject to the order of such Indian: Provided, That no apportionment or allotment shall be made to any Indian until such Indian has first made an application therefor: Provided further, That the Secretaries of the Interior and of the Treasury are hereby directed to withhold from such apportionment and allotment a sufficient sum of the said Indian funds as may be necessary or required to pay any existing claims against said Indians that may be pending for settlement by judicial determination in the Court of Claims or in the Executive Departments of the Government, at time of such apportionment and allotment. [34 Stat. L. 1221.] SEC. 2. [Payment to helpless, etc., Indians.] That the Secretary of the Interior is hereby authorized to pay any Indian who is blind, crippled, decrepit, or helpless from old age, disease, or accident, his or her share, or any portion thereof, of the tribal trust funds in the United States Treasury belonging to the tribe of which such Indian is a member, and of any other money which may hereafter be placed in the Treasury for the credit of such tribe and susceptible of division among its members, under such rules, regulations, and conditions as he may prescribe. [34 Stat. L. 1221.] An Act Providing for the disposal of the interests of Indian minors in real estate in Yakima Indian Reservation, Washington. [Act of March 27, 1908, ch. 107, 35 Stat. L. 49.] [SEC. 1.] [Yakima Indian Reservation, Wash. - sales of interests of minors in lands-patents in fee to purchasers.] That the interests of any Indian minor in any lands of the Yakima Indian Reservation, State of Wash ington, whether by direct allotment or by inheritance, may be sold on such terms and conditions and under such rules and regulations as the Secretary of the Interior may prescribe; but such sale shall be only on approved petition of the natural guardian of such minor, if living, or if such natural guardian be dead, on the petition of a person designated by the Secretary of the Interior. All sales hereunder shall be subject to the approval of the Secretary of the Interio, and when so approved he shall cause patent to issue to the purchaser, passing unconditional fee by the United States as trustee for such minor to the interest of such minor in such lands, and such patent shall be considered, to the extent of the interest so conveyed, as a cancellation of any previous trust patent or patent containing restrictions on alienation issued to such minor or to any Indian allottee of whom such minor is an heir. Proceeds from sales hereunder shall be cared for under the direction of the Commissioner of Indian Affairs, and he may, in his discretion, cause shares of minors to be deposited in the Treasury of the United States to the individual credit of the said minors, to be withdrawn on the authority of the Secretary of the Interior. [35 Stat. L. 49.] SEC. 2. [Repeal.] That all laws and parts of laws in conflict with this Act are hereby repealed. [35 Stat. L. 50.] An Act Making appropriations for the current and contingent expenses of the Indian Department, for fulfilling treaty stipulations with various Indian tribes, and for other purposes, for the fiscal year ending June thirtieth, nineteen hundred and nine. [Act of April 30, 1908, ch. 153, 35 Stat. L. 70.] [SEC. 1.] [Purchase of supplies for Indian service to be advertised -exception irrigation - Indian labor.] * **That no purchase of supplies for which appropriations are herein or hereinafter made for the Indian service, exceeding in the aggregate five hundred dollars in value at any one time, shall be made without first giving at least three weeks' public notice by advertisement, except in case of exigency, when, in the discretion of the Secretary of the Interior, who shall make official record of the facts constituting the exigency, and shall report the same to Congress at its next session, he may direct that purchases may be made in open market in amount not exceeding three thousand dollars at any one purchase: Provided, That hereafter supplies may be purchased, contracts let, and labor employed for the construction of artesian wells, ditches, and other works for irrigation, not to exceed the sum of five thousand dollars in any one purchase or contract, in the discretion of the Secretary of the Interior, without advertising as hereinbefore provided: Provided further, That as far as practicable Indian labor shall be employed and purchase in the open market made from Indians, under the direction of the Secretary of the Interior. [35 Stat. L. 71.] [Disbursing officers' bonds acceptance of new bond releases sureties on prior bond.] Hereafter when the Secretary of the Interior deems a new bond necessary he may, in his discretion, require any disbursing officer under the jurisdiction of the Commissioner of Indian Affairs to execute a new bond, with approved sureties, in such amount as he may deem necessary, and when accepted and approved by the Secretary of the Interior the new bond shall be valid and the surety or sureties of the prior bond shall be released from liability for all acts or defaults of the principal which may be done or committed from and after the day on which the new bond was approved. [35 Stat. L. 71.] [Five Civilized Tribes buildings, etc., on lands of, may be sold use of proceeds patents in fee - preference rights- temporary leases.] The Secretary of the Interior shall take possession of all buildings on lands belonging to the Five Civilized Tribes, now or heretofore used for governmental, school, or other tribal purposes, together with the furniture therein and the land appertaining thereto, and appraise and sell the same at such time and under such rules and regulations as he may prescribe and deposit the proceeds, less expenses incident to the appraisement and sale, in the Treasury of the United States, to the credit of the tribes respectively owning the said land and improvements, and immediately after any such sale patents for the realty thus sold shall be made and delivered in the same manner as now provided by law for other tribal property: Provided, That when practicable preference right shall be given to the State, counties and municipalities of Oklahoma to purchase said lands and improvements at the appraised value: And provided, That pending such appraisement and sale the Secretary of the Interior may temporarily lease said buildings and lands for the benefit of the tribes respectively to which they belong. [35 Stat. L. 71.] · [Indian schools-supervision of expenditures — limit of per capita expense total for school-annual compensation of superintendents restricted disposal of nonreservation schools-investigation and report to Congress — banks of deposit for Indian funds — negotiations for commutation of perpetual annuities.] * * * That all expenditure of money herein or hereafter appropriated for school purposes among the Indians, shall be at all times under the supervision and direction of the Commissioner of Indian Affairs, and in all respects in conformity with such conditions, rules, and regulations as to the conduct and methods of instruction and expenditure of money as may be from time to time prescribed by him, subject to the supervision of the Secretary of the Interior: Provided, That, except for pay of superintendents, not more than one hundred and sixty-seven dollars shall be expended for the annual support and education of any one pupil in any school herein specifically provided for, except when, by reason of epidemic, accident, or other sufficient cause, the attendance is so reduced or cost of maintenance so high that a larger expenditure is absolutely necessary, when the Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, may allow a larger per capita expenditure: Provided further, That the total amount appropriated for the support of such school shall not be exceeded: Provided further, That the number of pupils in any school entitled to the per capita allowance hereby provided for shall be determined by taking the average enrollment for the entire fiscal year and not any fractional part thereof. There shall not be paid out of any appropriation, made in this Act, any greater rate of annual compensation to any superintendent of Indian schools during the fiscal year nineteen hundred and nine, than is authorized and paid out of appropriations made for the fiscal year nineteen hundred and eight. The Commissioner of Indian Affairs is hereby authorized, under the direction of the Secretary of the Interior, to ascertain whether and upon what terms it may be possible to dispose of any of the nonreservation Indian schools which in his judgment are no longer of value to the Indian Service, and to report the result of his investigations to the next session of the Congress. That hereafter any United States Indian agent, superintendent, or other disbursing agent of the Indian Service may deposit Indian moneys, individual or tribal, coming into his hands as custodian, in such national bank or banks as he may select: Provided, That the bank or banks so selected by him shall |