INDIAN AFFAIRS: LAWS AND TREATIES

Vol. I, Laws     (Compiled to December 1, 1902)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.


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ACTS OF FORTY-SIXTH CONGRESS—SECOND SESSION, 1880.
CHAP. 39 | CHAP. 85 | CHAP. 107 | CHAP. 223 | CHAP. 251

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Chapter 251
Sections 2

Margin Notes
Chap. 251 Preamble.
   12 Stat., 126.
    Vol. 2, p. 878.
Chap. 251 Account of number of acres of Osage lands in State of Kansas to be stated.
   See note to 1872, ch. 310. ante, p. 137.
   12 Stat., 126.
   Vol. 2, p. 878.
Chap. 251 Account of money received by United States on account of sales of land. And difference certified.
Sec. 2 Appropriation to credit Secretary of the Interior as custodian of trust funds.
Sec. 2 Cost and expenses of survey, etc.
Sec. 2 Balance placed to credit of Indians.
Sec. 2 Proviso. Like account to be stated of Indian-civilization fund, etc.

{Page 186}

Chapter 251
    June 16, 1880. | 21 Stat., 291.
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An act to carry into effect the second and sixteenth articles of the treaty between the United States and the Great and Little Osage Indians, proclaimed January twenty-first, eighteen hundred and sixty-seven.

Whereas, by the act for the admission of the State of Kansas into the Union, approved January twenty-ninth, eighteen hundred and sixty-one, the United States granted to said State the sixteenth and thirty-sixth sections “of every township of public lands in said State”, but especially provided that the lands embraced within the

{Page 187}

Indian reservations in said State should not be alienated for any purpose, except with the consent of the Indians of such reservations, and in accordance with the conditions of the treaty authorizing such alienation; and

Whereas, by the treaty between the United States and the Great and Little Osage Indians, proclaimed January twenty-first, eighteen hundred and sixty-seven, a trust was created for the disposal of the lands of said Indians in the State of Kansas, the metes and bounds of which said lands are specifically set forth in said treaty, by which the United States bound itself to survey and sell any and all of such lands, “at a price not less than one dollar and twenty-five cents per acre, as other lands are surveyed and sold”, and to place “the proceeds of such lands as they accrue, after deducting all expenses incident to the proper execution of the trust, * * * in the Treasury of the United States to the credit of said tribe of Indians”; and

Whereas it is claimed that under the operation of the treaty herein referred to there are moneys due, both on account of grants and sales of lands, which have not been placed to the credit of said Indians, as provided for in said treaty: Therefor,

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 is hereby authorized and directed to cause an account to be stated of the number of acres of the Osage lands in the State of Kansas that have in any way been alienated by the United States, either by the act of January twenty-ninth, eighteen hundred and sixty-one, entitled “An act for the admission of Kansas into the Union”, or since the creation of the trust for the sale of these lands by the treaty between the United States and the Great and Little Osage Indians, proclaimed January twenty-first, eighteen hundred and sixty-seven, and of the money received by the United States on account of the sales of such lands, and to certify the difference between the sum so received and the sum that would be due said trust at the date of the account herein provided for had all of said lands so alienated been disposed of as provided for by said treaty.

SEC. 2

That a sum of money equal to the amount certified by the Secretary of the Interior, in pursuance of the foregoing section, to the Secretary of the Treasury, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, which the Secretary of the Treasury is directed to place to the credit of the Secretary of the Interior as custodian of said trust funds, and, after defraying the cost of survey and sale of said lands, and other expenses contracted by the United States or the Osage Nation in the execution of said trust, the balance of said funds shall be placed in the Treasury of the United States, to the credit of said Indians, to be invested and distributed in accordance with existing treaties: Provided, That a like settlement shall be made with the Indian-civilization fund for the sixteenth and thirty-sixth sections, given by the United States to the State of Kansas, within the limits of the Osage lands, ceded by the first article of the treaty aforesaid.

Approved, June 16, 1880.


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