INDIAN AFFAIRS: LAWS AND TREATIES

Vol. III, Laws     (Compiled to December 1, 1913)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1913.

ACTS OF FIFTY–NINTH CONGRESS—SECOND SESSION, 1906–07.
CHAP. 2 | CHAP. 27 | CHAP. 151 | CHAP. 934 | CHAP. 1203 | CHAP. 2285 | CHAP. 2290 | CHAP. 2292 | CHAP. 2514 | CHAP. 2521 | CHAP. 2523 | CHAP. 2535 | CHAP. 2536 | CHAP. 2919 | CHAP. 2929 | CHAP. 2933

Chapter 2285

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Chapter 2285
    Mar. 1, 1907. [H. R. 22580.] | [Public, No. 154.] 34 Stat., 1015.

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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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, 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, for fulfilling treaty stipulations with various Indian tribes, and 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, nineteen hundred and eight, namely:

To enable the President to cause, under the provisions of the act of February eighth, eighteen hundred and eighty-seven, entitled “An act to provide for the allotment of land in severalty to Indians,” such Indian reservations as in his judgment are advantageous for agricultural and grazing purposes to be surveyed or resurveyed, for the purposes of said act, and to complete the allotment of the same, including the necessary clerical work incident thereto in the field and in the Office of Indian Affairs, and delivery of trust patents, so far as allotments shall have been selected under said act, forty thousand dollars.

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 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 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 hun-

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dred 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 twenty-five 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 stipulations 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 approproations 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.

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

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where it is in excess of the amount which will ultimately be due said allottee.

For construction of ditches and reservoirs, purchase and use of irrigating tools, and appliances, and purchase of water rights, on Indian reservations, in the discretion of the Commissioner of Indian Affairs, under the direction of the Secretary of the Interior and subject to his control, one hundred and twenty-five thousand dollars: Provided, That the Commissioner of Indian Affairs, under the direction of the Secretary of the Interior, may employ superintendents of irrigation, who shall be skilled irrigation engineers, not to exceed five, as in his judgment may be necessary to secure the construction of ditches and other irrigation works in a substantial and workmanlike manner.

For survey and subdivision of Indian reservations and of lands to be allotted to Indians, and to make allotments in severalty, to be expended by the Commissioner of Indian Affairs, under the direction of the Secretary of the Interior, forty thousand dollars, of which fifteen thousand dollars shall be immediately available.

To enable the Commissioner of Indian Affairs, under the direction of the Secretary of the Interior, to take action to suppress the traffic of intoxicating liquors among Indians, twenty-five thousand dollars;¹

For support of Indian day and industrial schools, and for other educational purposes not hereinafter provided for, one million three hundred thousand dollars; and the powers conferred by section twenty-one hundred and forty of the Revised Statutes upon Indian agents, and subagents, and commanding officers of military posts are hereby conferred upon the special agent of the Indian Bureau for the suppression of the liquor traffic among Indians and in the Indian country and duly authorized deputies working under his supervision.

For construction, purchase, lease, and repair of school buildings, and for sewerage, water supply, and lighting plants, and purchase of school sites, and improvement of buildings and grounds, four hundred thousand dollars;

In all, one million seven hundred thousand dollars.

For collection and transportation of pupils to and from Indian schools, and also for the transportation of Indian pupils from all the Indian schools and placing of them, with the consent of their parents, under the care and control of such suitable white families as may in all respects be qualified to give such pupils moral, industrial, and educational training, seventy-five thousand dollars: Provided, That not exceeding five thousand dollars of this amount may be used, under direction of the Commissioner of Indian Affairs, in the transportation and placing of Indian pupils in positions where remunerative employment can be found for them in industrial pursuits. The provisions of this section shall apply to native pupils brought from Alaska.

That all expenditure of money appropriated for school purposes in this act 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 superintendent, 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 for the efficient operation of the school affected, when the Commissioner of Indian Affairs, with the approval of the Secretary of the Interior,

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may allow a larger per capita expenditure, such expenditure to continue only so long as the said necessity therefore shall exist: 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.

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.

To enable the Commissioner of Indian Affairs, from time to time as he may deem necessary, to detail clerks from his office to make special investigations in the field, three thousand dollars, or so much thereof as may be necessary: Provided, That while thus absent from Washington under such detail they shall receive a per diem of three dollars to cover all expenses exclusive of transportation and sleeping-car fares.

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 Secrerary of the Interior shall convey full title to the land or interest so sold, the same as if fee-simple patent had been issued to the allottee.

Telegraphing, telephoning, and purchase of Indian supplies: To pay the expense of purchasing goods and supplies for the Indian Service, including inspection and pay of necessary employees, and all other expenses connected therewith; advertising, at rates not exceeding regular commercial rates, and for telegraphing and telephoning, and for transportation of Indian goods and supplies, including pay and expenses of transportation agents and rent of warehouses, and warehouses for the receipt, storage, and shipping of goods for the Indian Service shall be maintained at the following places: New York, Chicago, Omaha, Saint Louis, and San Francisco, three hundred and fifteen thousand dollars.

For building and repairs of buildings at agencies and for rent of buildings for agency purposes, and for water supply at agencies, seventy-five thousand dollars.

For pure vaccine matter and vaccination of Indians, five thousand dollars.

That the provisions of section thirty-seven hundred and eighty-six of the Revised Statutes of the United States shall not hereafter apply to such work of the Indian Department as can be executed at the several Indian schools.

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For expenses of the commission of citizens, serving without compensation, appointed by the President under the provisions of the fourth section of the act of April tenth, eighteen hundred and sixty-nine, four thousand dollars, of which amount not to exceed three hundred dollars may be used by the commission for office rent.

For pay of eight Indian inspectors, two of whom shall be engineers, one to be designated as chief, competent in the location, construction, and maintenance of irrigation works, at two thousand five hundred dollars per annum each, except the chief engineer, who shall receive three thousand five hundred dollars, twenty-one thousand dollars.

For traveling expenses of eight Indian inspectors, at three dollars per day when actually employed on duty in the field, exclusive of transportation and sleeping-car fare, in lieu of all other expenses now authorized by law, and for incidental expenses of negotiation, inspection, and investigation, including telegraphing and expenses of going to and going from the seat of government, and while remaining there under orders and direction of the Secretary of the Interior, for a period not to exceed twenty days, twelve thousand eight hundred dollars.

For pay of one superintendent of Indian schools, three thousand dollars.

For necessary traveling expenses of one superintendent of Indian schools, including telegraphing and incidental expenses of inspection and investigation, one thousand five hundred dollars: Provided, That he shall be allowed three dollars per day for traveling expenses when actually on duty in the field, exclusive of cost of transportation and sleeping-car fare, in lieu of all other expenses now allowed by law: And provided further, That he shall perform such other duties as may be imposed upon him by the Commissioner of Indian Affairs, subject to the approval of the Secretary of the Interior.

For payment of necessary interpreters, to be distributed in the discretion of the Secretary of the Interior, four thousand dollars; but no person employed by the United States and paid for any other service shall be paid for interpreting.

For services of officers at twenty-five dollars per month each, and privates at twenty dollars per month each, of Indian police, to be employed in maintaining order and prohibiting illegal traffic in liquor on the several Indian reservations and within the Territory of Alaska, in the discretion of the Secretary of the Interior, for the purchase of equipments, and for the purchase of rations for policemen at non-ration agencies, two hundred thousand dollars.

To enable the Secretary of the Interior to employ suitable persons as matrons to teach Indian girls in housekeeping and other household duties, at a rate not to exceed sixty dollars per month, and for fur-

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nishing necessary equipments, and renting quarters where necessary, twenty-five thousand dollars: Provided, That the amount paid said matrons shall not come within the limit for employees fixed by the act of June seventh, eighteen hundred and ninety seven.

To enable the Commissioner of Indian Affairs to employ practical farmers and practical stockmen, subject only to such examination as to qualifications as the Secretary of the Interior may prescribe, in addition to the agency farmers now employed, at wages not exceeding seventy-five dollars each per month, to superintend and direct farming and stock raising among such Indians as are making effort for self-support, one hundred and twenty-five thousand dollars: Provided, That the amounts paid said farmers and stockmen shall not come within the limit for employees fixed by the act of June seventh, eighteen hundred and ninety-seven: Provided further, That the Commissioner of Indian Affairs may employ additional farmers at any Indian school at not exceeding sixty dollars per month, subject only to such examination as the Secretary of the Interior may prescribe, said farmers to be in addition to the school farmers now employed.

For compensation of judges of Indian courts, twelve thousand dollars.

For contingencies of the Indian service, including traveling and incidental expenses of Indian agents and of their offices, and of the Commissioner of Indian Affairs; also traveling and incidental expenses of special agents, at three dollars per day when actually employed on duty in the field, exclusive of transportation and sleeping-car fare, in lieu of all other expenses now authorized by law, and expenses of going to and going from the seat of government, and while remaining there under orders and direction of the Commissioner of Indian Affairs, for a period not to exceed twenty days; for pay of employees not otherwise provided for, and for pay of special agents, at two thousand dollars per annum each, seventy-five thousand dollars.

The appropriations herein or hereafter made for the salaries of Indian agents shall not take effect nor become available in any case for or during the time in which any active officer of the Army of the United States shall be engaged in the performance of the duties of Indian agent at any of the agencies hereafter named; and the Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, may devolve the duties of any Indian agency or part thereof upon the superintendent of the Indian school located at such agency or part thereof whenever in his judgment such superintendent can properly perform the duties of such agency. And the superintendent upon whom such duties devolve shall give bond as other Indian agents.

That the pay of any superintendent who performs agency duties in addition to those of his superintendency may be increased by the Commissioner of Indian Affairs, in his discretion, to an extent not exceeding three hundred dollars per annum.

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For pay of Indian agent at the San Carlos Agency, Arizona, one thousand eight hundred dollars.

For support and civilization of the Apache and other Indians in Arizona and New Mexico who have been or may be collected on reservations in Arizona and New Mexico, two hundred and twenty-five thousand dollars: Provided, That the unexpended balance for the fiscal year nineteen hundred and seven is hereby appropriated and made available for nineteen hundred and eight.

That the Secretary of the Interior be, and he is hereby, authorized to allot lands in severalty to the Indians of the Moqui Reservation in Arizona, in such quantities as may be for their best interests: Provided, That the allotments hereunder made shall otherwise be subject to the provisions of the act of March second, eighteen hundred and eighty-seven, entitled “An act to provide for the allotment of lands in severalty to Indians on the various reservations, and to extend the protection of the laws of the United States and the Territories over the Indians, and for other purposes,” and the amendments thereto.

For support and civilization of the Indians of Pima Agency, Arizona, forty thousand dollars, to be expended for their benefit in such manner as the Secretary of the Interior, in his discretion, may deem best.

For support and education of two hundred Indian pupils at the Indian school at Fort Mojave, Arizona, thirty-three thousand four hundred dollars, and for pay of superintendent, one thousand six hundred dollars;

For general repairs and improvements, two thousand dollars;

For boys’ dormitory, eight thousand dollars;

For lighting plant, two thousand dollars;

In all, forty-five thousand dollars.

For support and education of seven hundred Indian pupils at the Indian school at Phoenix, Arizona, one hundred and sixteen thousand nine hundred dollars, and for pay of superintendent, two thousand five hundred dollars;

For general repairs and improvements, ten thousand dollars;

For addition to water system, seven thousand five hundred dollars;

In all, one hundred and thirty-six thousand nine hundred dollars.

Provided, That the Secretary of War is hereby authorized and directed to cause to be issued to the Indian school at Phoenix, Arizona, upon the request of the Secretary of the Interior, sixty Springfield cadet rifles, or other similar rifles, with the necessary equipment therefor, for the instruction of the pupils of the school.

For support and education of one hundred and ten pupils at the Indian school at Truxton Canyon, Arizona, eighteen thousand four hundred and seventy dollars, and for pay of superintendent, one thousand five hundred dollars;

General repairs and improvements, two thousand five hundred dollars;

Maintaining irrigation plant, one thousand dollars;

In all, twenty-three thousand four hundred and seventy dollars.

For general incidental expenses of the Indian Service in Arizona, including traveling expenses of agents, one thousand five hundred dollars.

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That the Secretary of the Interior may, in his discretion, use such part of the three hundred thousand dollars heretofore appropriated for an irrigation system for the Pima Indians in the payment of such Indians’ proportionate part of the construction of the Salt River project, and such funds may be transferred to the Reclamation fund, to be expended by that Service in accordance with its rules and regulations; the Indians to receive a credit upon the reclamation charge assessed against their lands under the Salt River project for the amount so transferred.

For support and civilization of the Mission Indians in California, including pay of employees, five thousand dollars.

For support and civilization of the Northern Indians, California, ten thousand dollars.

For support and education of five hundred Indian pupils at the Sherman Institute, Riverside, California, eighty-three thousand five hundred dollars, and for pay of superintendent, two thousand five hundred dollars;

For general repairs and improvements, eight thousand dollars;

For additional water and sewer system, two thousand five hundred dollars;

For addition to laundry, two thousand dollars;

For additional farm buildings and improvements, eight thousand dollars;

For two employees’ cottages, six thousand dollars;

For cement walks, curbing, and guttering, five thousand dollars;

For concreting reservoir, three thousand dollars;

In all, one hundred and twenty thousand five hundred dollars.

For general incidental expenses of the Indian service in California, including traveling expenses of agents, and support and civilization of Indians at the Round Valley, Hoopa Valley, and Tule River agencies, four thousand dollars;

And pay of employees at same agencies, seven thousand dollars;
In all, eleven thousand dollars.

That the paragraph in the Indian appropriation act, approved June twenty-first, nineteen hundred and six (Thirty-fourth Statutes at Large, pages three hundred and twenty-five to three hundred and thirty-three), relating to the removal of obstructions from the bed of a stream in the Round Valley Reservation, California, be amended as follows: Insert after the word “obstructions” the words “both within and without the reservation;” strike out the words “drains into the Eel River in” and insert the words “flows through” and insert after the word “California” the words “and drains into the Eel River.”

For payment to the Indians of the Round Valley Indian Reservation, in such manner as the Secretary of the Interior may direct, five hundred and three dollars and fifty cents for four hundred and two and eighty-hundredths acres of land, at the rate of one dollar and twenty-five cents per acre, which lands were erroneously entered by homestead and other claimants while they were a part of the Round Valley Reservation.

That section three of the act approved January twelfth, eighteen hundred and ninety-one, entitled “An act for the relief of the Mission Indians in the State of California,” be, and the same is hereby, so

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amended as to authorize the Secretary of the Interior to select, set apart, and cause to be patented to the Mission Indians such tracts of the public lands of the United States, in the State of California, as he shall find upon investigation to have been in the occupation and possession of the several bands or villages of Mission Indians, and are now required and needed by them, and which were not selected for them by the Commission as contemplated by section two of said act; and to appraise or cause to be appraised the value of any improvements belonging to any person to whom any valid existing rights have attached under the public-land laws of the United States, or to the assignee of such person where such improvements are situated within the limits of any reservation selected, enlarged, or defined under the provisions of this act: Provided, That no patent issued under the provisions of this act shall embrace any tract or tracts to which valid existing rights have attached in favor of any person under any of the United States laws providing for the disposition of the public domain, unless such person shall acquiesce in and accept the appraisal provided for in this act in all respects and shall thereafter, upon demand and payment of such appraised value, execute a release of all claims and title thereto.

For the support and education of two hundred Indian pupils at the Indian school at Fort Lewis, Colorado, thirty-three thousand four hundred dollars; and for pay of superintendent, one thousand seven hundred dollars;

For general repairs and improvements, and improvement to water system, ten thousand dollars;

In all, forty-five thousand one hundred dollars.

For support and education of two hundred Indian pupils at the Indian school at Grand Junction, Colorado, thirty-three thousand four hundred dollars; and for pay of superintendent, one thousand six hundred dollars;

General repairs and improvements, five thousand dollars;

Machinery for laundry and shops, three thousand two hundred dollars;

In all, forty-three thousand one hundred and fifty dollars.

For general incidental expenses of the Indian Service in Colorado, including traveling expenses of agents, one thousand dollars.

For a superintendent in charge of agency and educational matters on the Coeur d’Alene Reservation, Idaho, one thousand two hundred dollars.

For support and civilization of the Shoshones and Bannocks, Sheepeaters, and other Indians of the Fort Hall Reservation, in Idaho, including pay of employees, thirty thousand dollars, ten thousand dollars to be immediately available.

For general incidental expenses of the Indian Service in Idaho, including traveling expenses of agents, one thousand dollars.

BANNOCKS: For pay of physician, teacher, carpenter, miller, engineer, farmer, and blacksmith, as per tenth article of treaty of July third, eighteen hundred and sixty-eight, five thousand dollars.

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For pay of blacksmith, carpenter, and physician, and purchase of medicines, as per the eleventh article of agreement, ratified by act March, eighteen hundred and ninety-one, three thousand five hundred dollars.

For nineteenth of twenty installments, as provided in agreement with said Indians approved February twenty-third, eighteen hundred and eighty-nine, to be used by the Secretary of the Interior for the benefit of the Indians in such manner as the President may direct, six thousand dollars.

FULFILLING TREATIES WITH INDIANS FORMERLY OF LEMHI AGENCY, IDAHO: For first of twenty installments, as provided in agreement with the Indians of Fort Hall and Lemhi agencies, Idaho, approved February twenty-third, eighteen hundred and eighty-nine, to be used by the Secretary of the Interior for the benefit of the Indians removed to Fort Hall Reservation from Lemhi Agency, Idaho, in such manner as the President may direct, four thousand dollars.

In all, ten thousand dollars.

That the Secretary of the Interior be, and he is hereby, authorized to acquire by purchase or condemnation on behalf of the United States all land in townships four, five, six, and seven south, range forty, forty-one, and forty-two east, Boise meridian in Idaho, that he shall deem necessary in constructing a reservoir for storing water for the purpose of irrigating lands on the Fort Hall Indian Reservation and those ceded by the Indians of the said reservation, and also the lands, rights, and property which he may determine to be necessary to the success of any plan or project for the said purpose; or he may cause the enlargement to be made of any irrigating system in accordance with the laws of Idaho that circumstances may require.

Upon acquiring the site, as herein provided, the Secretary may cause the system determined on to be constructed by contract or otherwise, in sections or as a whole, as he may determine, and may sell the water right for lands in private ownership at six dollars an acre, but no such right shall permanently attach until all payments therefor are made. The amount at which such water rights shall be sold shall be payable in five equal annual installments, to be paid to the receiver of the local land office, and the failure to make any two payments shall work a forfeiture of the rights acquired by the purchaser, and he shall lose the money previously paid and the water right for the land, but it may be purchased by another person who shall thereafter acquire the land in question at such price and on such conditions as the Secretary of the Interior may determine, but not less than the cost originally determined. In addition, the same fee shall be paid to the register and receiver as though the land was entered as a part of the public domain at one dollar and twenty-five cents an acre; the money so paid, less the fee, shall reimburse the United States for the expenditures made thereunder.

The land susceptible of irrigation under the system herein provided and owned by Indians in severalty or in common shall be deemed to have a right to so much water as may be required to irrigate said lands, without cost to the Indians so long as the title remains in said Indians or tribe, but any such lands leased for a longer term than three years shall bear their pro rata part of the cost of the maintenance of the system that may be constructed, and when the Indian title is extinguished these lands shall also bear their pro rata cost of maintenance. When the payments required by this act are made for the major part of the lands that can be irrigated from the system, the management

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and operation of such irrigation work shall pass to the owners of the lands irrigated thereby, to be maintained at their expense under such form of organization and under such rules and regulations as may be acceptable to the Secretary of the Interior, in accordance with the statute of the State of Idaho. The title to and management and operation of the reservoir and the works necessary to its protection and operation shall remain in the Government until otherwise provided by Congress. The Government institutions established for the administration of the affairs of the Fort Hall Reservation, including the school plant and farm, shall have sufficient water for their needs without cost, and any town or city embraced within the project may acquire water rights sufficient for its needs on such terms and condition as the Secretary of the Interior may impose.

The water rights acquired or provided for in this measure shall be appurtenant to the lands irrigated, and there is hereby appropriated for the purpose of carrying out the provisions of this act, three hundred and fifty thousand dollars, which shall be reimbursed the United States from the moneys obtained from the sale of water rights, and the Secretary of the Interior shall have full power to do all acts or make all rules and regulations necessary to carry out the provisions of this act relating to the foregoing irrigation system.

For pay of Indian agent at the Union Agency, Indian Territory, three thousand dollars.

For special clerical force in the office of the United States Indian agent, Union Agency, and miscellaneous expenses in connection with entering of remittances received on account of payments of town lots and issuance of patents, and conveying same, six thousand dollars.

For clerical work and labor connected with the leasing of Creek and Cherokee lands, for mineral and other purposes, and the leasing of lands of full-blood Indians under the act of April twenty-sixth, nineteen hundred and six, thirty thousand dollars; for clerical work and labor connected with the sale of inherited and other lands, Five Civilized Tribes, thirty thousand dollars; in all, sixty thousand dollars: Provided, That the sums so expended shall be reimbursable out of the proceeds of such land sales and leases, and shall be equitably apportioned by the Secretary of the Interior from the moneys collected from such sales and leases.

Removal of intruders, Five Civilized Tribes: For the purpose of removing intruders and placing allottees in unrestricted possession of their allotments, to be expended under the direction of the Secretary of the Interior, fifteen thousand dollars.

To enable the Secretary of the Interior to carry out the provisions of the act approved April twenty-first, nineteen hundred and four, for the removal of restrictions upon the alienation of lands of allottees of the Five Civilized Tribes, twenty-five thousands dollars: Provided, That so much as may be necessary may be used in the employment of clerical force in the office of Commissioner of Indian Affairs.

Ten thousand dollars, or so much thereof as may be necessary, to be immediately available, in the payment of indebtedness already incurred, necessarily expended in suppressing the spread of smallpox in the Indian Territory during the fiscal year ended June thirtieth, nineteen hundred and one, all accounts to be first examined and approved by the Secretary of the Interior as just and reasonable before being paid.

For general incidental expenses of the Indian Service in the Indian Territory, and for pay of employees, twenty-two thousand dollars.

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For clerical and incidental expenses of the United States inspector’s office, Indian Territory, in accordance with the provisions of section twenty-seven of the act of June twenty-eighth, eighteen hundred and ninety-eight, entitled “An act for the protection of the people of the Indian Territory, and for other purposes,” eighteen thousand dollars.

To enable the Secretary of the Interior to investigate or cause to be investigated any lease of allotted land in the Indian Territory which he has reason to believe has been obtained by fraud or in violation of the terms of existing agreements with any of the Five Civilized Tribes, as provided by the act approved March third, nineteen hundred and five, ten thousand dollars.¹

The Attorney General be, and he is hereby, authorized to make all necessary arrangements for the transfer from the clerks of the United States courts in the Indian Territory and their deputies in their capacities as clerks and as ex officio recorders, to the proper State or county officials of the State of Oklahoma when organized, all records, papers, and files now in the custody of said clerks and their deputies, and he is authorized to pay the necessary expense incident thereto out of the excess of emoluments earned by said clerks and their deputies whether as clerks and deputy clerks or as ex officio recorders of deeds and other instruments during the calendar years nineteen hundred and six and nineteen hundred and seven, notwithstanding the act of February nineteen, nineteen hundred and three (Thirty-two Statutes at Large, page eight hundred and forty-two).

That to enable the clerks and deputy clerks of the United States courts in Indian Territory who are ex officio recorders to complete their records they shall be allowed to retain for such purpose a per centum of the fees earned by them for filing and recording deeds and other instruments in addition to the compensation now provided by law, the amount so to be allowed and retained to be determined and approved by the Attorney General of the United States.

The filing heretofore or hereafter of any lease in the office of the United States Indian agent, Union Agency, Muskogee, Indian Territory, shall be deemed constructive notice.

That the Secretary of the Interior be, and he is hereby, authorized to make such contract as in his judgment seems advisable for the care of orphan Indian children in the Indian Territory, and for the purpose of carrying this provision into effect the sum of ten thousand dollars, or so much thereof as is necessary, is hereby appropriated out of any money in the Treasury not otherwise appropriated.

For the maintenance, strengthening, and enlarging of the tribal schools of the Cherokee, Creek, Choctaw, Chickasaw, and Seminole Nations, and making provision for the attendance of children of parents of other than Indian blood therein, and the establishment of new schools under the control of the Department of the Interior, the sum of three hundred thousand dollars, or so much thereof as may be necessary, to be placed in the hands of the Secretary of the Interior, and disbursed by him under such rules and regulations as he may prescribe.

For the completion of the work heretofore required by law to be done by the Commission to the Five Civilized Tribes, one hundred and fifty-seven thousand dollars, said appropriation to be disbursed under the direction of the Secretary of the Interior.

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That the Secretary of the Interior, or his accredited representative, shall at all times have access to any books and records of the Choctaw Chickasaw, Cherokee, Creek, and Seminole tribes, whether in possession of any of the officers of either of said tribes or any officer or custodian thereof, of the future State of Oklahoma.

For permanent annuity, per second article of treaty of November sixteenth, eighteen hundred and five, and thirteenth article of treaty of June twenty-second, eighteen hundred and fifty-five, three thousand dollars;

For permanent annuity for support of light horsemen, per thirteenth article of treaty of October eighteenth, eighteen hundred and twenty, and thirteenth article of treaty of June twenty-second, eighteen hundred and fifty-five, six hundred dollars;

For permanent annuity for support of blacksmith, per sixth article of treaty of October eighteenth, eighteen hundred and twenty, ninth article of treaty of January twentieth, eighteen hundred and twenty-five, and thirteenth article of treaty of June twenty-second, eighteen hundred and fifty-five, six hundred dollars;

For permanent annuity for education, per second and thirteenth articles of last two treaties named above, six thousand dollars;

For permanent annuity for iron and steel, per ninth article of treaty of January twentieth, eighteen hundred and twenty-five, and thirteenth article of treaty of June twenty-second, eighteen hundred and fifty-five, three hundred and twenty dollars;

For interest on three hundred and ninety thousand two hundred and fifty-seven dollars and ninety-two cents, at five per centum per annum, for education, support of the government, and other beneficial purposes, under the direction of the general council of the Choctaws, in conformity with the provisions contained in the ninth and thirteenth articles of treaty of January twentieth, eighteen hundred and twenty-five, and treaty of June twenty-second, eighteen hundred and fifty-five, nineteen thousand five hundred and twelve dollars and eighty-nine cents;

That the Secretary of the Treasury is hereby authorized and directed to place upon the books of the Treasury to the credit of the Choctaw tribe of Indians the sum of three hundred and ninety thousand two hundred and fifty-seven dollars and ninety-two cents, balance due said tribe under articles ten and thirteen of the treaty of June twenty-second, eighteen hundred and fifty-five (Eleventh Statutes at Large, six hundred and eleven), and the same shall draw interest at three per centum per annum.

In all, four hundred and twenty thousand two hundred and ninety dollars and eighty-one cents.

That upon the passage of this act tribal courts of the Choctaw and Chickasaw Nations shall be abolished, and no officer of said courts shall thereafter have any authority whatever to do or perform any act theretofore authorized by any law in connection with said courts or to receive any pay for the same; and all civil and criminal causes then pending in any such court in said nations shall be transferred to the proper United States court in said Territory by filing with the clerk of the court the original papers.

That the city of McAlester, Indian Territory, may legally issue, in addition to its present outstanding indebtedness, bonds to the amount of one hundred and seventy-five thousand dollars for the purchase of sites and the erection of schoolhouses thereon, notwithstanding any provision of any law of the United States put in force and made applicable to the Choctaw and Chickasaw Nations, Indian Territory,

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limiting the aggregate indebtedness of any municipal corporation therein to a fixed per centum of its taxable property: Provided, That such bonds shall be issued in all other respects in accordance with section fifty-five of the act of Congress approved July first, nineteen hundred and two, entitled “An act to ratify and confirm an agreement with the Choctaw and Chickasaw tribes of Indians, and for other purposes.”

That all restrictions as to the sale and encumbrance of the southeast quarter of the northwest quarter of section thirteen, township eleven, range nine east, in Indian Territory, the same being the homestead heretofore allotted to Nocus Fixico, Creek Indian allottee numbered six thousand nine hundred and thirty-four, are hereby removed.

That William Brown and Levi B. Gritts, on their own behalf and on behalf of all other Cherokee citizens, having like interests in the property allotted under the act of July first, nineteen hundred and two, entitled “An act to provide for the allotment of lands of the Cherokee Nation, for the disposition of town sites therein, and for other purposes,” and David Muskrat and J. Henry Dick, on their own behalf, and on behalf of all Cherokee citizens enrolled as such for allotment as of September first, nineteen hundred and two, be, and they are hereby, authorized and empowered to institute their suits in the Court of Claims to determine the validity of any acts of Congress passed since the said act of July first, nineteen hundred and two, in so far as said acts, or any of them, attempt to increase or extend the restrictions upon alienation, encumbrance, or the right to lease the allotments of lands of Cherokee citizens, or to increase the number of persons entitled to share in the final distribution of lands and funds of the Cherokees beyond those enrolled for allotment as of September first, nineteen hundred and two, and provided for in the said act of July first, nineteen hundred and two.

And jurisdiction is hereby conferred upon the Court of Claims, with the right of appeal, by either party, to the Supreme Court of the United States, to hear, determine and adjudicate each of said suits.

The suits brought hereunder shall be brought on or before September first, nineteen hundred and seven, against the United States as a party defendant, and for the speedy disposition of the questions involved preference shall be given to the same by said courts and by the Attorney General, who is hereby charged with the defense of said suits.

Upon the rendition of final judgment by the Court of Claims, or the Supreme Court of the United States, denying the validity of any portion of the said acts authorized to be brought into question in either or both of said cases, the Court of Claims shall determine the amount to be paid the attorneys employed by the above-named parties in the prosecution thereof for services and expenses, and shall render judgment therefor, which shall be paid out of the funds in the United States Treasury belonging to the beneficiaries under the said act of July first, nineteen hundred and two.¹

For education, per third article of treaty of May thirteenth, eighteen hundred and thirty-three, one thousand dollars;

For blacksmith and assistants, and tools, iron, and steel for blacksmith shop, per same article and treaty, five hundred dollars;

In all, one thousand five hundred dollars: Provided, That the President of the United States shall certify the same to be for the best interests of the Indians.

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For five per centum interest on two hundred and fifty thousand dollars, to be paid as annuity, per eighth article of treaty of August seventh, eighteen hundred and fifty-six, twelve thousand five hundred dollars;

For five per centum interest on two hundred and fifty thousand dollars, to be paid as annuity (they having joined their brethren West), per eighth article of treaty of August seventh, eighteen hundred and fifty-six, twelve thousand five hundred dollars;

For interest on fifty thousand dollars, at the rate of five per centum per annum, to be paid annually, for the support of schools, as per third article of treaty of March twenty-first, eighteen hundred and sixty-six, two thousand five hundred dollars;

For interest on twenty thousand dollars, at the rate of five per centum per annum, to be paid annually, for the support of the Seminole government, as per same article, same treaty, one thousand dollars;

In all, twenty-eight thousand five hundred dollars.

For the care and support of insane persons in Indian Territory, to be expended under the direction of the Secretary of the Interior, thirty-five thousand dollars, or so much thereof as may be necessary: Provided, however, That insane Indian citizens in said Territory shall be cared for at the asylum in Canton, Lincoln County, South Dakota.

That the heirs of the late Mathias Splitlog, deceased, an Indian allottee of the Seneca Nation, Indian Territory, are authorized to sell and convey to the Roman Catholic Church, for church and burial purposes, three acres of the land heretofore allotted to the said Mathias Splitlog, as a member of the Seneca tribe of Indians in Indian Territory, to be selected so as to include the church and cemetery now on said allotment. The minor heirs may join in the sale of said three acres of land by a guardian duly appointed by the United States court for the northern district of the Indian Territory.

For support and education of eighty Indian pupils, at the Indian school on the Sac and Fox Reservation, Iowa, thirteen thousand five hundred and sixty dollars, and for pay of superintendent, one thousand dollars;

For general repairs and improvements, two thousand dollars;

In all, sixteen thousand and sixty dollars.

For support and education of seven hundred and fifty Indian pupils at the Indian school, Haskell Institute, Lawrence, Kansas, and for transportation of pupils to and from said school, one hundred and thirty-five thousand two hundred and fifty dollars, and for pay of superintendent, two thousand five hundred dollars;

For general repairs and improvements, fifteen thousand dollars;

For shop building, ten thousand dollars;

In all, one hundred and sixty-two thousand seven hundred and fifty dollars.

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For support and education of eighty Indian pupils at the Indian school, Kickapoo Reservation, Kansas, thirteen thousand three hundred and sixty dollars, and for pay of superintendent, one thousand three hundred dollars;

General repairs and improvements, three thousand dollars;

In all, seventeen thousand six hundred and sixty dollars.

For interest in lieu of investment on fifty-seven thousand five hundred dollars, balance of one hundred and fifty-seven thousand five hundred dollars, to July first, nineteen hundred and seven, at five per centum per annum, for education or other beneficial purposes, under the direction of the President, per ninth article of treaty of May seventeenth, eighteen hundred and fifty-four, two thousand eight hundred and seventy-five dollars.

That the Secretary of the Treasury is hereby authorized and directed to place upon the books of the Treasury to the credit of the Iowa tribe of Indians the sum of fifty-seven thousand five hundred dollars, the amount due the tribe under the ninth article of the treaty of May seventeenth, eighteen hundred and fifty-four (Tenth Statutes at Large, page one thousand and sixty-nine), and the Secretary of the Interior is authorized to pay per capita to the members of the Iowa tribe entitled thereto the said sum in the same manner as provided by the act of April twenty-first, nineteen hundred and four (Thirty-third Statutes at Large, page two hundred and one).

That the Secretary of the Treasury is hereby authorized and directed to place upon the books of the Treasury to the credit of the Kickapoo Indians in Kansas the sum of sixty-four thousand eight hundred and sixty-five dollars and twenty-eight cents, the balance due them under the second article of the treaty of May eighteenth, eighteen hundred and fifty-four (Tenth Statutes at Large, page one thousand and seventy-eight), and the Secretary of the Interior is authorized to pay per capita to the members of the tribe entitled the said sum, under such rules and regulations as he may prescribe, in the same manner as provided by the act of April twenty-first, nineteen hundred and four (Thirty-third Statutes at Large, page two hundred and one).

For permanent annuity, in silver, per fourth article of treaty of August third, seventeen hundred and ninety-five, three hundred and fifty-seven dollars and eighty cents;

For permanent annuity, in silver, per third article of treaty of September thirtieth, eighteen hundred and nine, one hundred and seventy-eight dollars and ninety cents;

For permanent annuity, in silver, per third article of treaty of October second, eighteen hundred and eighteen, eight hundred and ninety-four dollars and fifty cents;

For permanent annuity, in money, per second article of treaty of September twentieth, eighteen hundred and twenty-eight, seven hundred and fifteen dollars and sixty cents;

For permanent annuity, in specie, per second article of treaty of July twenty-ninth, eighteen hundred and twenty-nine, and

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second article of treaty of September twentieth, eighteen hundred and twenty-eight, five thousand seven hundred and twenty-four dollars and seventy-seven cents;

For permanent provision for payment of money in lieu of tobacco, iron, and steel, per second article of treaty of September twentieth, eighteen hundred and twenty-eight, and tenth article of treaties of June fifth and seventeenth, eighteen hundred and forty-six, one hundred and seven dollars and thirty-four cents;

For permanent provision for three blacksmiths and assistants, and for iron and steel for shops, per third article of treaty of October sixteenth, eighteen hundred and twenty-six; second article of treaty of September twentieth, eighteen hundred and twenty-eight, and second article of treaty of July twenty-ninth, eighteen hundred and twenty-nine, one thousand and eight dollars and ninety-nine cents;

For permanent provision for fifty barrels of salt, per second article of treaty of July twenty-ninth, eighteen hundred and twenty-nine, fifty dollars;

That the Secretary of the Treasury is hereby authorized and directed to place upon the books of the Treasury to the credit of the Pottawatomie Indians in Kansas the sum of two hundred and thirty thousand and sixty-four dollars and twenty cents, being the unappropriated balance of the sum of eight hundred and fifty thousand dollars due the Pottawatomie tribe under the provisions of article seven of the treaty of June fifth and seventeenth, eighteen hundred and forty-six (Ninth Statutes at Large, page eight hundred and fifty-three), and the Secretary of the Interior is authorized to pay per capita to the members of the Pottawatomie tribe of Indians in Kansas the said sum, under such rules and regulations as may be prescribed by him and in the same manner as provided by the act of April twenty-first, nineteen hundred and four (Thirty-third Statutes at Large, page two hundred and one);

In all, two hundred and thirty-nine thousand one hundred and two dollars and ten cents

For interest on one hundred thousand four hundred dollars, at five per centum, under the direction of the President, per second article of treaty of October twenty-first, eighteen hundred and thirty-seven, five thousand and twenty dollars;

For support of a school, per fifth article of treaty of March sixth, eighteen hundred and sixty-one, two hundred dollars;

That the Secretary of the Treasury is hereby authorized and directed to place upon the books of the Treasury to the credit of the Sac and Fox Indians of the Missouri the sum of one hundred thousand four hundred dollars, the balance of the amount due the tribe under the second article of the treaty of October twenty-first, eighteen hundred and thirty-seven (Seventh Statutes at Large, page five hundred and forty), and the Secretary of the Interior is authorized and directed to pay per capita to the members of Sac and Fox Indians of the Missouri tribe entitled thereto the said sum in the same manner as provided by the act of April twenty-first, nineteen hundred and four (Thirty-third Statutes at Large, page two hundred and one).

Rachel Cross is hereby authorized to sell lot four, section twenty-five, township twenty-five north, range three east, in Kansas, subject to the approval of the Secretary of the Interior, for cemetery purposes.

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For support and education of three hundred Indian pupils at the Indian school, Mount Pleasant, Michigan, fifty thousand four hundred dollars, and for pay of superintendent, one thousand seven hundred dollars;

For general repairs and improvements, four thousand dollars;

In all, fifty-six thousand one hundred dollars.

For pay of Indian agent at the Leech Lake Agency, Minnesota, one thousand eight hundred dollars;

For pay of Indian agent at White Earth, one thousand eight hundred dollars;

In all, three thousand six hundred dollars.

That the Secretary of the Interior be, and he is hereby, authorized, in his discretion, with the consent of the Indians of the White Earth Reservation, in Minnesota, to be obtained in such manner as he may direct, to set apart the southwest quarter of the southwest quarter, the east half of the southwest quarter, and the west half of the south-east quarter of section twenty-three, township one hundred and forty-two north, range forty-one west, fifth principal meridian, on the White Earth Reservation, in the State of Minnesota, for town site, and to cause the lands described to be surveyed and platted into suitable lots, streets, and alleys, and to dedicate said streets and alleys and such lots and parcels as may be necessary to public uses, and to cause the lots to be appraised at their real value, exclusive of improvements thereon or adjacent thereto, by a board of three persons, one of whom shall be the United States Indian agent or superintendent of the White Earth Reservation, one to be appointed by the Secretary of the Interior, and one selected by the White Earth bands of Chippewa Indians, who shall receive such compensation as the Secretary of the Interior shall prescribe, to be paid out of the proceeds of the sale of lots sold under this act, and when so surveyed, platted, and appraised, the President may issue patents for such lots upon the payment of the appraised value, on such terms as may be approved by the Secretary of the Interior, and the net proceeds of such sales shall be placed to the credit of the said White Earth bands of Chippewa Indians, and those now owning permanent improvements there shall have the preference right for six months from the date such lots shall be offered for sale within which to purchase tracts upon which their improvements are situated, but no lots shall be sold for less than the appraised valuation; but if any person entitled fails to take advantage of this provision, the agent or superintendent of the White Earth Reservation shall appraise the improvements on the unsold lots, and any purchaser, on the payment to the owner of the appraised value of the improvements, shall have the preference right for six months from the date of such payment to purchase such unsold lot or lots at their appraised value on such terms as may be approved by the Secretary of the Interior: Provided further, That the patents to be issued shall contain a condition that no malt, spirituous, or vinous liquors shall be kept or disposed of on the premises conveyed, and that any violation of this condition, either by the patentee or any person claiming rights under him, shall render the conveyance void and cause the premises to revert to the White Earth bands of Chippewa Indians, to be held as other tribal lands: Provided, That one square of such plat shall be set aside and reserved for a schoolhouse site.

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For the support and education of one hundred and fifty Indian pupils at the Indian school, Morris, Minnesota, twenty-five thousand one hundred and fifty dollars, and for pay of superintendent, one thousand five hundred dollars;

For general repairs and improvements, three thousand dollars;

In all, twenty-nine thousand six hundred and fifty dollars.

For support and education of two hundred and twenty-five Indian pupils at the Indian school, Pipestone, Minnesota, thirty-seven thousand nine hundred and seventy-five dollars, and for pay of superintendent, one thousand six hundred dollars;

For general repairs and improvements, two thousand five hundred dollars;

For warehouse, four thousand dollars;

In all, forty-six thousand and seventy-five dollars.

For support of a school or schools upon said reservation, during the pleasure of the President, in accordance with third article of treaty of March nineteenth, eighteen hundred and sixty-seven, four thousand dollars.

Advance interest to the Chippewa Indians in Minnesota, as required by section seven of “An act for the relief of the Chippewa Indians in the State of Minnesota,” approved January fourteenth, eighteen hundred and eighty-nine, to be expended under the direction of the Secretary of the Interior, in the manner required by said act (reimbursable), ninety thousand dollars.

That the lands withdrawn by the Secretary of the Interior under the provisions of chapter thirty-five hundred and four, Fifty-ninth Congress, first session, approved June twenty-first, nineteen hundred and six, authorizing a drainage survey of the lands ceded by the Chippewa Indians, shall be subject to entry in the same manner as other lands so ceded, subject to the condition, however, that the entrymen shall be required in addition to the fees and charges now authorized by law, to pay a pro rata charge for the examination and investigation of the swampy and overflowed character of the land, and for the drainage and reclamation thereof.

To enable the Commissioner of Indian Affairs, under the direction of the Secretary of the Interior, to carry out an act entitled “An act for the relief and civilization of the Chippewa Indians in the State of Minnesota,” approved January fourteenth, eighteen hundred and eighty-nine, namely, the purchase of material and employment of labor for the erection of houses for Indians; for the purchase of agricultural implements, stock and seeds, breaking and fencing land; for payment of expenses of delegations of Chippewa Indians to visit the White Earth Reservation; for the erection and maintenance of day and industrial schools; for subsistence and for pay of employees; for pay of commissioners and their expenses, and for removal of Indians and for their allotments, to be reimbursed to the United States out of the proceeds of sale of their lands, one hundred and fifty thousand dollars.

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To carry out and complete the survey provided for in the act of Congress approved June twenty-first, nineteen hundred and six, of the lands ceded by the Chippewa Indians in the State of Minnesota under the act of Congress entitled “An act for the relief and civilization of the Chippewa Indians in the State of Minnesota,” approved January fourteenth, eighteen hundred and eighty-nine, and an act entitled “An act to authorize the sale of a part of what is known as the Red Lake Indian Reservation, in the State of Minnesota,’ approved February twentieth, nineteen hundred and four, which remain unsold, and are wet, overflowed or swampy in character, with a view of determining what portion thereof may be profitably and economically reclaimed by drainage, the sum of ten thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of paying for the expense of said survey: Provided, That said amount shall be reimbursable from any funds in the Treasury belonging to said Indians and derived from the sale of the lands under said act. The said survey shall be continued under the direction of the Secretary of the Interior.

That all restrictions as to the sale, incumbrance, or taxation for allotments within the White Earth Reservation in the State of Minnesota, heretofore or hereafter held by adult mixed-blood Indians, are hereby removed, and the trust deeds heretofore or hereafter executed by the department for such allotments are hereby declared to pass the title in fee simple, or such mixed bloods upon application shall be entitled to receive a patent in fee simple for such allotments; and as to full bloods, said restrictions shall be removed when the Secretary of the Interior is satisfied that said adult full-blood Indians are competent to handle their own affairs, and in such case the Secretary of the Interior shall issue to such Indian allottee a patent in fee simple upon application.¹

The Secretary of the Interior is hereby authorized to pay to the executive committee of the White Earth band of Chippewa Indians in Minnesota the sum of one thousand dollars, or so much thereof as may be necessary, to be expended in the annual celebration of said band to be held June fourteenth, nineteen hundred and seven, out of the funds belonging to said band.

For pay of Indian agents in Montana at the following-named agencies at the rates respectively indicated, namely:

At the Blackfeet Agency, Montana, one thousand eight hundred dollars.

At the Crow Agency, Montana, one thousand eight hundred dollars.

At the Flathead Agency, Montana, one thousand five hundred dollars.

To enable the Secretary of the Interior to complete the survey, allotment, classification, and appraisement of the lands in the Flathead Indian Reservation, Montana, thirty thousand dollars: Provided, That this sum shall be reimbursed the United States from the proceeds of the sale of the surplus lands after the allotments are made.

For support and civilization of the Indians at Fort Belknap Agency, Montana, including pay of employees, twenty thousand dollars.

That the Indians of the Fort Belknap Reservation in Montana may lease their lands, both allotted and tribal, not to exceed twenty thousand acres, for the culture of sugar beets and other crops in rotation, upon such terms, regulations, and conditions as shall be prescribed by the Secretary of the Interior, for a term not exceeding ten years.

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For support and civilization of the Crow Indians in Montana, including pay of employees, eight thousand dollars.

For support and civilization of Indians at Flathead Agency, Montana, including pay of employees, nine thousand dollars.

For support and civilization of the Indians at Fort Peck Agency, Montana, including pay of employees, fifty thousand dollars.

For general incidental expenses of the Indian Service in Montana, including traveling expenses of agents, two thousand five hundred dollars.

For pay of physician, as per tenth article of the treaty of May seventh, eighteen hundred and sixty-eight, one thousand two hundred dollars;

For pay of carpenter, miller, engineer, farmer, and blacksmith, as per tenth article of same treaty, three thousand six hundred dollars;

For pay of second blacksmith, as per eighth article of same treaty, one thousand two hundred dollars;

In all, six thousand dollars.

For subsistence and civilization, as per agreement with the Sioux Indians approved February twenty-eighth, eighteen hundred and seventy-seven, including subsistence and civilization of Northern Cheyennes removed from Pine Ridge Agency to Tongue River, Montana, ninety thousand dollars;

For pay of physician, two teachers, two carpenters, one miller, two farmers, a blacksmith, and engineer, per seventh article of the treaty of May tenth, eighteen hundred and sixty-eight, nine thousand dollars;

In all, ninety-nine thousand dollars.

For an irrigation system on the Tongue River Reservation, in Montana, forty thousand dollars.

That the Secretary of the Interior is hereby authorized and directed to immediately cause to be surveyed all of the lands embraced within the limits of the Blackfeet Indian Reservation, in the State of Montana.

That so soon as all the lands embraced within the said Blackfeet Indian Reservation shall have been surveyed the Commissioner of Indian Affairs shall cause allotments of the same to be made under the provisions of the allotment laws of the United States to all persons having tribal rights or holding tribal relations and who may rightfully belong on said reservation. That there shall be allotted to each member forty acres of irrigable land and two hundred and eighty acres of additional land valuable only for grazing purposes; or, at the option of the allottee, the entire three hundred and twenty acres may be taken in land valuable only for grazing purposes, respectively, and for constructing irrigating systems to irrigate the aforesaid allotted lands, three hundred thousand dollars, one hundred thousand dollars of which shall be immediately available, the cost of said entire work to be reimbursed from the proceeds of the sale of the lands within said reservations: Provided, That the Indians, and the settlers on the surplus land, in the order named, shall have a preference right for one year from the date of the President’s proclamation opening the reservation to settlement, to appropriate the waters of the reservation which shall be filed on and appropriated under the laws of the State of Montana, by the Commissioner of Indian Affairs on behalf of the Indians taking irrigable allotments and by the settlers under the same law. At the expiration of the one year aforesaid the irrigation system constructed and to be constructed shall be operated under the laws of the

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State of Montana, and the title to such systems as may be constructed under this act, until otherwise provided by law, shall be in the Secretary of the Interior in trust for the said Indians, and he may sue and be sued in matters relating thereto: And provided further, That the ditches and canals of such irrigation systems may be used, extended, or enlarged for the purpose of conveying water by any person, association, or corporation under and upon compliance with the provisions of the laws of the State of Montana: And provided further, That when said irrigation systems are in successful operation the cost of operating the same shall be equitably apportioned upon the lands irrigated, and, when the Indians have become self-supporting, to the annual charge shall be added an amount sufficient to pay back into the Treasury the cost of the work done in their behalf within thirty years, suitable deduction being made for the amounts received from the disposal of the lands within the reservation aforesaid: Provided, That the right to the use of water acquired under the provisions of this act shall be appurtenant to the land irrigated, and beneficial use shall be the basis, the measure and the limit of the right: Provided further, That the Secretary of the Interior may reserve such lands as he may deem necessary for agency, school, and religious purposes, to remain reserved so long as needed and so long as agency, school, or religious institutions are maintained thereon for the benefit of the Indians, not exceeding two hundred and eighty acres to any one religious society; also such tract or tracts of timber lands as he may deem expedient for the use and benefit of the Indians of said reservation in common; but such reserved lands, or any part thereof, may be disposed of from time to time in such manner as the said Secretary may determine: Provided, That there is hereby granted three hundred and twenty acres each for the Holy Family Mission on Two Medicine Creek to the Bureau of Catholic Indian Missions and also to be mission of the Methodist Episcopal Church near Browning, to be selected by the authorities of said missions, respectively, embracing the mission buildings and improvements thereon.

That upon the completion of said allotments the President of the United States shall appoint a commission consisting of three persons to inspect, appraise, and value all of the said lands that shall not have been allotted in severalty to said Indians or reserved by the Secretary of the Interior or otherwise disposed of, said commission to be constituted as follows: One commissioner shall be a person holding tribal relations with said Indians, one representative of the Indian Bureau, and one resident citizen of the State of Montana.

That within thirty days after their appointment said commissioners shall meet at some point within the Blackfeet Indian Reservation and organize by the election of one of their number as chairman. Said commission is hereby empowered to select a clerk at a salary of not to exceed five dollars per day.

That said commissioners shall then proceed to personally inspect and classify and appraise, by the smallest legal subdivisions of forty acres each, all of the remaining lands embraced within said reservation. In making such classification and appraisement said lands shall be divided into the following classes: First, agricultural land of the first class; second, agricultural land of the second class; third, grazing land; fourth, timber land; fifth, mineral land, the mineral land not to be appraised.

That said commissioners shall be paid a salary of not to exceed ten dollars per day each while actually employed in the inspection and classification of said lands; such inspection and classification to be completed within nine months from the date of the organization of said commission.

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That when said commission shall have completed the classification and appraisement of all of said lands and the same shall have been approved by the Secretary of the Interior, the lands shall be disposed of under the general provisions of the homestead, mineral, and town-site laws of the United States, except such of said lands as shall have been classified as timber lands, and except such sections sixteen and thirty-six of each township, or any part thereof, for which the State of Montana has not heretofore received indemnity lands under existing laws, which sections, or parts thereof, are hereby granted to the State of Montana for school purposes. And in case either of said sections or parts thereof is lost of the State of Montana by reason of allotment thereof to any Indian or Indians, or otherwise, the governor of said State, with the approval of the Secretary of the Interior, is hereby authorized to select other lands not occupied or reserved within said reservation, not exceeding two sections in any one township, which selections shall be made prior to the opening of the lands to settlement: Provided, That the United States shall pay to the said Indians for the lands in said sections sixteen and thirty-six, so granted, or the lands within said reservation selected in lieu thereof, the sum of one dollar and twenty-five cents per acre.

That the lands so classified and appraised shall be opened to settlement and entry by proclamation of the President, which proclamation shall prescribe the time when and the manner in which these lands may be settled upon, occupied, and entered by persons entitled to make entry thereof, and no person shall be permitted to settle upon, occupy, or enter any of said lands, except as prescribed in such proclamation, until after the expiration of sixty days from the time when the same are opened to settlement and entry: Provided, That the rights of honorably discharged Union soldiers and sailors of the late Civil and the Spanish Wars and the Philippine insurrection, as defined and described in sections twenty-three hundred and four and twenty-three hundred and five of the Revised Statutes, as amended by the act of March first, nineteen hundred and one, shall not be abridged, but no entry shall be allowed under section twenty-three hundred and six of the Revised Statutes: Provided further, That the price of said lands shall be the appraised value thereof, as fixed by said commission, which in no case shall be less than one dollar and twenty-five cents per acre for agricultural and grazing lands and five dollars per acre for timber lands; but settlers under the homestead law who shall reside upon and cultivate the land entered in good faith for the period required by existing law shall pay one-fifth of the appraised value in cash at the time of entry and the remainder in five equal annual installments, to be paid in one, two, three, four, and five years, respectively, from and after the date of entry, and when the entryman shall have complied with all the requirements and terms of the homestead laws as to settlement and residence, and shall have made all the required payments aforesaid, he shall be entitled to a patent for the lands entered: Provided, That he shall make his final proofs in accordance with the homestead laws within seven years from date of entry, and that aliens who have declared their intention to become citizens of the United States may become such entrymen, but before making final proof and receiving patent they must receive their full naturalization papers: And provided further, That the fees and commissions at the time of commutation or final entry shall be the same as are now provided by law where the price of land is one dollar and twenty-five cents per acre: Provided, That if any entryman fails to make such payments, or any of them, within the time stated, or to make final proof within seven years from date of entry, all rights in and to the land covered by his entry shall at once cease, and any payments theretofore made shall be forfeited

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and the entry shall be forfeited and canceled: Provided, That nothing in this act shall prevent homestead settlers from commuting their entries under section twenty-three hundred and one, Revised Statutes, by paying for the land entered the price fixed by said commission, receiving credit for payments previously made.

That if, after the approval of the classification and appraisement, as provided herein, there shall be found lands within the limits of the reservation under irrigation projects deemed practicable under the provisions of the act of Congress approved June seventeenth, nineteen hundred and two, known as the reclamation act, said lands shall be subject to withdrawal and be disposed of under the provisions of said act, and settlers shall pay, in addition to the cost of construction and maintenance provided therein, the appraised value, as provided in this act, to the proper officers, to be covered into the Treasury of the United States to the credit of the Indians: Provided, however, That all lands hereby opened to settlement remaining undisposed of at the end of five years from the taking effect of this act shall be sold to the highest bidder for cash, at not less than one dollar and twenty-five cents per acre, under rules and regulations prescribed by the Secretary of the Interior; and any lands remaining unsold ten years after said lands shall have been opened to entry shall be sold to the highest bidder, for cash, without regard to the minimum limit above stated: Provided, That not more than six hundred and forty acres of land shall be sold to any one person or company.

That the lands within said reservation not already previously entered, whether classified as agricultural, grazing, timber, or mineral lands, shall be subject to exploration, location, and purchase under the general provisions of the United States mineral and coal land laws, at the prices therein fixed, except that no mineral or coal exploration, location, or purchase shall be permitted upon any lands allotted to an Indian.

That lands classified and returned by said commission as timber lands shall be sold and disposed of by the Secretary of the Interior, under sealed bids to the highest bidder for cash at not less than five dollars per acre, under such rules and regulations as he may prescribe: Provided, That the said timber lands shall be sold in tracts not exceeding forty acres, with preference right of purchase to actual settlers, including Indian allottees residing in the vicinity, at the highest price bid.

That after deducting the expenses of the commission of classification, appraisement, and sale of lands, and such other incidental expenses as shall have been necessarily incurred, including the cost of survey of said lands, the balance realized from the proceeds of the sale of the lands in conformity with this act shall be paid into the Teasury of the United States and placed to the credit of said Indian tribe. Not exceeding one-third of the total amount thus deposited in the Treasury, together with one-third of the amount of the principal of all other funds now placed to the credit of or which is due said tribe of Indians from all sources, shall be expended from time to time by the Secretary of the Interior as he may deem advisable for the benefit of said Indians, in the construction and maintenance of irrigation ditches, the purchase of stock cattle, horses, and farming implements, and in their education and civilization. The remainder of all funds deposited in the Teasury, realized from such sale of lands herein authorized, together with the remainder of all other funds now placed to the credit of or that shall hereafter become due to said tribe of Indians, shall, upon the date of the approval by the Secretary of the Interior of the allotments of land authorized by this act, be allotted in severalty to the members of the tribe, the persons entitled to share

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as members in such distribution to be determined by said Secretary; the funds thus allotted and apportioned shall be placed to the credit of such individuals upon the books of the United States Treasury for the benefit of such allottees, their legatees, or heirs. The President may, by Executive order, from time to time order the distribution and payment of such funds or the interest accruing therefrom to such individual members of the tribe as in his judgment would be for the best interests of such individuals to have such distribution made, under such rules and regulations as he may prescribe therefor: Provided, That so long as the United States shall hold the funds as trustee for any member of the tribe the Indian beneficiary shall be paid interest thereon annually at the rate of four per centum per annum.

That there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of sixty-five thousand dollars, or so much thereof as may be necessary, to pay for the lands granted to the State of Montana and for lands reserved for agency and school purposes, at the rate of one dollar and twenty-five cents per acre; also the sum of seventy-five thousand dollars, or so much thereof as may be necessary, to enable the Secretary of the Interior to survey, classify, and appraise the lands of said reservation as provided herein, and also to defray the expense of the appraisement and survey of said town sites, the latter sums to be reimbursable out of the funds arising from the sale of said lands.

That nothing in this act contained shall in any manner bind the United States to purchase any part of the land herein described, except sections sixteen and thirty-six, or the equivalent in each township that may be granted to the State of Montana, the reserved tracts hereinbefore mentioned for agency and school purposes, or to dispose of said land except as provided herein, or to guarantee to find purchasers for said lands or any part thereof, it being the intention of this act that the United States shall act as trustee for said Indians to dispose of said lands and to expend and pay over the proceeds received from the sale thereof only as received.

That the Secretary of the Interior is hereby authorized and directed to reserve and set aside for town-site purposes, and to survey, lay out, and plat into town lots, streets, alleys, and parks, not less than eighty acres of said land at or near the present settlements of Browning and Babb, and each of such other places as the Secretary of the Interior may deem necessary or convenient for town sites, in such manner as will best subserve the present needs and the reasonable prospective growth of said settlements. Such town sites shall be surveyed, appraised, and disposed of as provided in section twenty-three hundred and eighty-one of the United States Revised Statutes: Provided, That any person who, at the date when the appraisers commerce their work upon the land, shall be an actual resident upon any one such lot and the owner of substantial and permanent improvements thereon, and who shall maintain his or her residence and improvements on such lot to the date of his or her application to enter, shall be entitled to enter at any time prior to the day fixed for the public sale, and at the appraised value thereof, such lot and any one additional lot of which he or she may also be in possession and upon which he or she may have substantial and permanent improvements: Provided further, That before making entry of any such lot or lots the applicant shall make proof to the satisfaction of the register and receiver of the land district in which the land lies of such residence, possession, and ownership of improvements, under such regulations as to time, notice, manner, and character of proof as may be prescribed by the Commissioner of the General Land Office, with the approval of the Secretary of the Interior: Provided further, That in making their appraisal of the lots so surveyed it shall be the duty of the appraisers to accertain

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the names of the residents upon and occupants of any such lots, the character and extent of the improvements thereon, and the name of the reputed owner thereof, and to report their findings in connection with their report of appraisal, which report of findings shall be taken as prima facie evidence of the facts therein set out. All such lots not so entered prior to the day fixed for the public sale shall be offered at public octcry in their regular order with the other unimproved and unoccupied lots: Provided, however, That no lot shall be sold for less than ten dollars: And provided further, That said lots when surveyed shall approximate fifty by one hundred and fifty feet in size.

For support and education of three hundred Indian pupils at the Indian school, Genoa, Nebraska, fifty thousand four hundred dollars, and for pay of superintendent, one thousand seven hundred dollars;

For general repairs and improvements, six thousand dollars;

In all, fifty-eight thousand one hundred dollars.

For interest on eight hundred and four thousand nine hundred and nine dollars and seventeen cents, at five per centum per annum, per fourth article of treaty of November first, eighteen hundred and thirty-seven, forty thousand two hundred and forty-five dollars and forty-five cents; and the Secretary of the Interior is hereby directed to expend said interest for the support, education, and civilization of said Indians, to be expended in such manner and to whatever extent that he may judge to be necessary and expedient for their welfare and best interest;

For interest on seventy-eight thousand three hundred and forty dollars and forty-one cents, at five per centum per annum, to be expended under the direction of the Secretary of the Interior for the erection of houses, improvement of their allotments of land, purchase of stock, agricultural implements, seeds, and other beneficial objects, three thousand nine hundred and seventeen dollars and two cents;

In all, forty-four thousand one hundred and sixty-two dollars and forty-seven cents.

For support and civilization of the Indians of the Western Shoshone Agency, Nevada, including pay of employees, eight thousand dollars.

For support and education of three hundred Indian pupils at the Indian school at Carson City, Nevada, fifty thousand three hundred dollars, and for pay of superintendent, one thousand eight hundred dollars;

For general repairs and improvements, five thousand dollars;

For boys’ dormitory, twenty-five thousand dollars;

For land and water right, six thousand dollars;

In all, eighty-eight thousand one hundred dollars.

For general incidental expenses of the Indian Service in Nevada, including traveling expenses of agents, and support and civilization of Indians located on the Piute, Walker River, and Pyramid Lake Reservations, five thousand dollars;

And pay of employees, including physician at the Walker River Reservation, four thousand dollars;

In all, nine thousand dollars.

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For support and education of three hundred Indian pupils at the Indian school at Albuquerque, New Mexico, fifty thousand three hundred dollars, and for pay of superintendent, one thousand eight hundred dollars;

General repairs and improvements, five thousand dollars;

For cottage for superintendent, two thousand five hundred dollars;

For office building, two thousand five hundred dollars;

In all, sixty-two thousand one hundred dollars.

For support and education of three hundred Indian pupils at the Indian school at Santa Fe, New Mexico, fifty thousand three hundred dollars, and for pay of superintendent, one thousand eight hundred dollars;

For general repairs and improvements, five thousand dollars;

For water supply, one thousand five hundred dollars;

For office building, three thousand dollars; In all, sixty-one thousand six hundred dollars.

For pay of one special attorney for the Pueblo Indians of New Mexico, one thousand five hundred dollars;

And for necessary traveling and incidental expenses of said attorney, five hundred dollars;

In all, two thousand dollars.

For general incidental expenses of the Indian Service in New Mexico, including traveling expenses of agents, one thousand dollars.

For the completion of the Zuni dam and irrigation project in New Mexico, thirty thousand dollars.

For pay of Indian agent at the New York Agency, New York, one thousand dollars.

For pay of physician, New York Agency, six hundred dollars.

For permanent annuity, in lieu of interest on stock, per act of February nineteenth, eighteen hundred and thirty-one, six thousand dollars;

For interest, in lieu of investment, on seventy-five thousand dollars, at five per centum, per act of June twenty-seventh, eighteen hundred and forty-six, three thousand seven hundred and fifty dollars;

For interest, at five per centum, on forty-three thousand and fifty dollars transferred from the Ontario Bank to the United States Treasury, per act of June twenty-seventh, eighteen hundred and forty-six, two thousand one hundred and fifty-two dollars and fifty cents;

In all, eleven thousand nine hundred and two dollars and fifty cents.

For permanent annuity, in clothing and other useful articles, per sixth article of treaty of November eleventh, seventeen hundred and ninety-four, four thousand five hundred dollars.

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For support and education of one hundred and sixty pupils at the Indian school at Cherokee, North Carolina, twenty-six thousand eight hundred and twenty dollars, and for pay of superintedent, one thousand five hundred dollars;

For general repairs and improvements, one thousand five hundred dollars;

For boys’ dormitory, fifteen thousand dollars; In all, forty-four thousand eight hundred and twenty dollars.

That the Secretary of the Interior be, and he is hereby, authorized, in his discretion, to cause an additional allotment of not less than two and one-half acres or more than ten acres of timber land to be made to each member of the Standing Rock Band of Sioux Indians, to whom allotment is made under 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": Provided, That this act shall benefit those members only who are alive and in being at the close of the work of allotting said Indians under said act of March second, eighteen hundred and eighty-nine, and said additional allotments shall be subject to the provisions of the said act of March second, eighteen hundred and eighty-nine, and the amendments thereto.

For support and civilization of Sioux of Devils Lake, North Dakota, five thousand dollars.

That article three of the act approved April twenty-seventh, nineteen hundred and four (Thirty-third Statutes at Large, page three hundred and twenty-one), modifying and ratifying the agreement with the Indians of Devils Lake Reservation in North Dakota is hereby so far modified as to permit the payment of the annual installments provided for in said article to be made in the month of April of each year, instead of in June.

For support and civilization of Indians at Fort Berthold Agency, in North Dakota, including pay of employees, twenty thousand dollars.

That the Secretary of the Interior be, and he is hereby, authorized to cause an allotment of eighty acres to be made from the lands of the Fort Berthold Reservation, including the lands to be restored, to each member of the several tribes belonging on and occupying said reservation, now living and to whom no allotment has heretofore been made; and where any allotment of less than eighty acres has heretofore been made, the allottee, if now living, shall be allowed to take an additional allotment, which with the land already allotted shall not exceed eighty acres.

Additional allotment to living menbers.

For support and civilization of Turtle Mountain Band of Chippewas, North Dakota, including seeds, thirteen thousand dollars.

For support and education of three hundred and twenty-five Indian pupils at the Indian school, Fort Totten, North Dakota, fifty-four thousand five hundred and seventy-five dollars, and for pay of superintendent, one thousand seven hundred dollars;

For general repairs and improvements, five thousand dollars;

In all, sixty-one thousand two hundred and seventy-five dollars.

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For the support and education of one hundred Indian pupils at the Indian school at Wahpeton, North Dakota, sixteen thousand eight hundred dollars, and for pay of superintendent, one thousand five hundred dollars;

For general repairs and improvements, two thousand dollars;

For sinking and constructing a well and necessary machinery or apparatus for supplying said school with water therefrom, fifteen thousand dollars, or so much thereof as may be necessary, said sum to be immediately available;

In all, thirty-five thousand three hundred dollars.

For general incidental expenses of the Indian Service in North Dakota, including traveling expenses of agents at three agencies, one thousand dollars.

For pay of Indian agents in Oklahoma at the following-named agencies at the rates respectively indicated, namely:

At the Kiowa Agency, Oklahoma, one thousand eight hundred dollars.

That the act of June fifth, nineteen hundred and six, entitled “An act to open for settlement five hundred and five thousand acres of land in the Kiowa, Comanche, and Apache Indian Reservation, in Oklahoma,” be, and the same is hereby, amended so as to permit the allotment to those children of enrolled members of the Kiowa, Comanche, and Apache Tribes who were not allotted under the provisions of said act because they were not of known Indian parentage: Provided, however, That the total number of allotments made hereunder shall not exceed twenty-five.

At the Osage Agency, Oklahoma, one thousand eight hundred dollars.

For support and civilization of the Apaches, Kiowas, Comanches, Wichitas, and affiliated bands who have been collected in the reservations set apart for their use and occupation, twenty-five thousand dollars.

For support and civilization of the Arapahoes and Cheyennes who have been collected on the reservations set apart for their use and occupation, thirty-five thousand dollars.

For support and civilization of the Kansas Indians, Oklahoma, including agricultural assistance and pay of employees, one thousand five hundred dollars.

For support and civilization of the Kickapoo Indians in Oklahoma, two thousand dollars.

For support and civilization of the Ponca Indians, including pay of employees, nine thousand dollars.

For support and education of seven hundred Indian pupils at the Indian school at Chilocco, Oklahoma, one hundred and sixteen thousand four hundred dollars, and for pay of superintendent, two thousand five hundred dollars;

For general repairs and improvements, ten thousand dollars;

For water system, fifteen thousand dollars;

In all, one hundred and forty-three thousand nine hundred dollars.

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That the Secretary of the Treasury is hereby authorized and directed to place upon the books of the Treasury to the credit of the Osage Tribe of Indians in Oklahoma the sum of sixty-nine thousand one hundred and twenty dollars, the amount due the tribe under the sixth article of the treaty of June second, eighteen hundred and twenty-five (Seventh Statutes at Large, page one hundred and fifty-three), being the value of fifty-four sections of land set apart by said treaty for educational purposes, per Senate resolution of January ninth, eighteen hundred and thirty-eight, and said sum shall be distributed to the members of said tribe of Osage Indians in Oklahoma entitled thereto equitably per capita, and paid in the same manner as provided by the act of April twenty-first, nineteen hundred and four, Thirty-third Statues at Large, page two hundred and one, it being the purpose of this provision to close said account and distribute said funds.

For perpetual annuity, which is to be paid in cash to them, per second article of treaty of September twenty-fourth, eighteen hundred and fifty-seven, and agreement of November twenty-third, eighteen hundred and ninety-two, article three, thirty thousand dollars;

For support of two manual-labor schools, per third article of same treaty, of September twenty-fourth, eighteen hundred and fifty-seven, ten thousand dollars;

For pay of one farmer, two blacksmiths, one miller, one engineer and apprentices, and two teachers, as per fourth article of same treaty, five thousand four hundred dollars;

For pay of physician and purchase of medicines, one thousand two hundred dollars;

For purchase of iron and steel and other necessaries for the shops, as per fourth article of treaty of September twenty-fourth, eighteen hundred and fifty-seven, five hundred dollars;

In all, forty-seven thousand one hundred dollars.

That there is hereby granted to the town of Pawnee, in Pawnee County, Oklahoma Territory, for park, educational, and other public purposes, all of that part of section thirty-two, in township twenty-two north, range five east, Indian meridian, in said county, described as follows, to wit: Commencing at the northwest corner of the north-east quarter of the northwest quarter of section thirty-two, in township twenty-two north, range five east, Indian meridian, in said county; thence running due east on the north line of said section thirty-two forty-four one-hundredths chain, more or less, to the west boundary line of the Morris road; thence in a southwesterly direction along the west boundary line of said Morris road sixteen and twenty-five one-hundredths chains; thence west parallel with the north line of said section seven chains to point; thence in a southwesterly direction parallel with the west line of said Morris road and seven chains distant therefrom to a point in the center of the main channel of Black Bear Creek; thence in a southwesterly direction following the center of the channel of said creek to the dividing line between the northeast quarter of the southwest quarter and the northwest quarter of the southwest quarter of said section; thence north on said dividing line extended to the north line of said section, the same being the place of beginning; and the said lands hereby granted being a portion of the Pawnee Indian Reservation set apart for agency and school purposes at the Pawnee Agency in said county under act of Congress approved February eighth, eighteen hundred

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and eighty-seven, as amended by act of Congress approved February twenty-eighth, eighteen hundred and ninety-one, and in accordance with the instructions from the Acting Commissioner of Indian Affairs dated March seventeenth, eighteen hundred and ninety-one, the said lands hereby granted to said town of Pawnee being subject to the rights of way of the Eastern Oklahoma Railway Company and the Arkansas Valley and Western Railway Company heretofore acquired.

That the said lands are to be held and used by the said town of Pawnee for park, educational, and other public purposes: Provided, That the board of trustees of said town may authorize the board of education of said town to use the same for the erection and maintenance of school buildings thereon and the necessary grounds for use in connection therewith: Provided further, That Pawnee Indian children shall be admitted to any school thus maintained, free of charge and on terms of equality with the white pupils in such school: Provided further, That said city shall pay one dollar and twenty-five cents per acre for said land.

For permanent annuity, in goods or otherwise, per third article of treaty of November third, eighteen hundred and four, one thousand dollars;

For interest on two hundred thousand dollars, at five per centum, per second article of treaty of October twenty-first, eighteen hundred and thirty-seven, ten thousand dollars;

For interest on eight hundred thousand dollars, at five per centum, per second article of treaty of October eleventh, eighteen hundred and forty-two, forty thousand dollars: Provided, That the sum of one thousand five hundred dollars of this amount shall be used for the pay of a physician and for purchase of medicine;

In all, fifty-one thousand dollars.

For support and civilization of the Klamaths, Modocs, and other Indians of the Klamath Agency, Oregon, including pay of employees, eight thousand dollars.

For support and civilization of the confederated tribes and bands under Warm Springs Agency, and for pay of employees, four thousand dollars.

For support and civilization of the Walla Walla, Cayuse, and Umatilla tribes, Oregon, including pay of employees, three thousand dollars.

For support and education of six hundred Indian pupils at the Indian school, Salem, Oregon, one hundred thousand seven hundred dollars, and for pay of superintendent, two thousand dollars;

For general repairs and improvements, six thousand dollars;

For boiler, smokestack, and extension to power house, six thousand dollars;

For additional amount for hospital, five thousand dollars;

In all, one hundred and nineteen thousand seven hundred dollars.

For general incidental expenses of the Indian Service in Oregon, including traveling expenses of agents, and support and civilization of Indians of Grande Ronde and Siletz Agencies, three thousand dollars;

Pay of employees at the same agencies, three thousand dollars;

In all, six thousand dollars.

That the Secretary of the Interior be, and he is hereby, authorized to purchase from Karl A. Torgerson and Charles E. Heyn eighty acres

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of land, more or less, now occupied by John Smith and Jane Isaac, allottees of the Grande Ronde Indian Reservation in Oregon, and to pay for said lands the sum of six hundred and fifty dollars, and to use for this purpose one hundred and thirty-two dollars and sixty-seven cents of the funds now in the Treasury belonging to the Grande Ronde Indians and derived from the sale of their surplus unallotted lands, and the further sum of five hundred and fifty dollars, or so much thereof as may be necessary, which is hereby appropriated out of any money in the Treasury not otherwise appropriated: Provided, That the lands so purchased shall be patented to the said John Smith and Jane Isaac as a part of their respective allotments.

For pay of teachers and for manual-labor schools, and for all necessary materials therefor, and for the subsistence of the pupils, persecond article of treaty of December twenty-first, eighteen hundred and fifty-five, three thousand dollars.

For support and education at Indian school at Carlisle, Pennsylvania, for transportation of pupils to and from said school, and for general repairs and improvements, one hundred and sixty-three thousand dollars;

For additional salary for superintendent in charge, one thousand dollars;

For employees’ quarters, five thousand dollars;

In all, one hundred and sixty-nine thousand dollars.

For pay of Indian agents in South Dakota at the following-named agencies at the rates respectively indicated, namely:

At the Cheyenne River Agency, one thousand eight hundred dollars;

At the Crow Creek Agency, one thousand six hundred dollars;

At the Lower Brulé Agency, one thousand four hundred dolars;

At the Pine Ridge Agency, one thousand eight hundred dollars;

At the Rosebud Agency, one thousand eight hundred dollars;

At the Sisseton Agency, one thousand five hundred dollars;

At the Yankton Agency, one thousand six hundred dollars;

In all, eleven thousand five hundred dollars.

For buildings and repairs of buildings at agencies and for water supply atagencie, ten thousand dollars.

For the support and education of two hundred Indianpupils at the Indian school at Chamberlain, South Dakota, thirty-three thousand four hundred dollars, and for pay of superintendent, one thousand six hundred dollars;

For general repairs and improvements, two thousand five hundred dollars;

For office building and enlarging boys’ dormitory, seven thousand dollars;

In all, forty-four thousand five hundred dollars.

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For support and education of three hundred and seventy-five Indian pupils at the Indian school at Flandreau, South Dakota, sixty-two thousand eight hundred and twenty-five dollars, and for pay of superintendent, one thousand eight hundred dollars;

For general repairs and improvements, including completion of industrial and domestic building and veneering old building, eight thousand dollars, of which three thousand dollars shall be immediately available;

In all, seventy-two thousand six hundred and twenty-five dollars.

For support and education of one hundred and fifty Indian pupils at the Indian school at Pierre, South Kakota, twenty-five thousand one hundred and fifty dollars, and for pay to superintendent, one thousand five hundred dollars;

For office building, warehouse, and enlarging workshop, seven thousand dollars;

For rebuilding and repairing boiler house and installing and equipping heating and lightig plant, four thousand dollars, to be immediately available;

For completing irrigation plant, five thousand dollars;

For general repairs and improvements, five thousand dollars;

In all, forty-seven thousand six hundred and fifty dollars.

For support and education of two hundred and fifty Indian pupils at the Indian school, Rapid City, South Dakota, forty-two thousand one hundred and fifty dollars, and for pay of superintendent, one thousand six hundred dollars;

For general repairs and improvements, three thousand dollars;

For employees’ quarters, three thousand dollars;

In all, forty-nine thousand seven hundred and fity dollars.

For general incidental expenses of the Indian Service in South Dakota, including traveiling expenses of agents at seven agencies, three thousand dollars.

That any adult allottee in the Standing Rock Indian Reservation, in South Dakota, to whom a trust or other patent containing restrictions upon alienation has been or shall hereafter be issued for an allotment along the right of way of the Chicago, Milwaukee nd Saint Paul Railway Company, or the Chicago, Milwaukee and Saint Paul Railway Company of South Dakota, in said reservation, may, with the consent of the Secretary of the Interior, and not otherwise, and under such regulations as he may prescribe, sell and convey to either of said companies, for railroad purposes, all or any part of his allotment. The lands along said right of way allotted to any minor may, in like manner, be sold to either of said companies by the Indian agent or other officer in charge of the reservation, acting for and on behalf of such minor.

And any deed executed hereunder, when approved by the Securetary of the Interior, shall convey title as fully as if a fee-simple patent had issued for the lands covered thereby, but without such approval shall be absolutely null and void.

The money received from the sale to said companies of lands allotted to a minor may be paid, in the discretion and under the direction of the Commissioner of Indian Affairs, to the parent or other person having custody of such minor, for his support and edu–

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cation. Any such money not needed for such minor’s support and education shall, when so directed by the Commissioner of Indian Affairs, be deposited in the United States Treasury to the credit of such minor and paid to him when he attains his majority, or, in case of his death, to his heir, the money thus deposited to draw interest at the rate of three per centum per annum.

That the Secretary of the Treasury be, and he is hereby, authorized to pay to Jane E. Waldron, for judgment obtained in the United States circuit court for the district of South Dakota in the case entitled “Jane E. Waldron against Black Tomahawk and Ira Hatch, agent of the Cheyenne River Agecy,” and to reimburse her for expenses incurred in said case, three thousand eight hundred and sixty dollars and thirty-nine cents: Provided, That before said amount is paid the said Jane E. Waldron shall satisfy said judgment, and shall also file a receipt in full of all claims.

For pay of five teachers, one physician, one carpenter, one miller, one engineer, two farmers, and one blacksmith, per thirteenth article of treaty of April twenty-ninth, eighteen hundred and sixty-eight, ten thousand four hundred dollars;

For pay of second blacksmith, and furnishing iron, steel, and other material, per eighth article of same treaty, one thousand six hundred dollars;

For pay of additional employees at the several agencies for the Sioux in Nebraska and dakota, eighty-five thousand dollars;

For subsistence of the Sioux, and for purposes of their civilization, as per agreement ratified by act of Congress approved February twenty-eighth, eighteen, hundred and seventy-seven, five hundred thousand dollars: Provided, That this sum shall include transportation of supplied from the termination of railroad or steamboat transportation, and in this service Indians shall be employed whenever practicable: And provided further, That the number of rations issued shall not exceed the number of Indians on each reservation, and any excess in the number of rations issued shall be disallowed in the settlement of the agent’s account: Provided further, That the unexpended balance for the fiscal year nineteen hundred and six is hereby appropriated and made available for nineteen hundred and seven.

For support and maintenance of day and industrial schools, including erection and repairs of school buildings, in accordance with article seven of the treaty of April twenty-ninth, eighteen hundred and sixty-eight, which article is continued in force for twenty years by section seventeen of the act of March second, eighteen hundred and eightynine, two hundred thousand dollars;

In all, seven hundred and ninety-seven thousand dollars.

For nineteenth of twenty installments (last series), to be paid to them or expended for their benefit, per fourth article of treaty of April nineteenth, eighteen hundred and fifty-eight, fifteen thousand dollars;

For subsistence and civilization of Yankton Sioux, heretofore provided for in appropriations under “Fulfilling treaty with Sioux of different tribes, and so forth, twenty thousand dollars;

In all, thirty-five thousand dollars.

For the equipment and maintenance of the asylum for insane Indians at Canton, South Dakota, for incidental and all other expenses

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necessary for its proper conduct and management, including pay of employees, and for necessary expense of transporting insane Indians to and from said asylum, twenty-five thousand dollars.

For erecting laundry building and equipment thereof at Canton, South Dakota, Indian Insane Asylum, six thousand dollars, to be immediately available.

For clerical work and stationery in the office of the United States surveyor-general required on surveys within the Pine Ridge Reservation, South Dakota, five hundred dollars.

To enable the Commissioner of Indian Affairs to complete the payment for surveying the Pine Ridge Reservation, South Dakota, one thousand eight hundred and eighty-eight dolars and ten cents, to be immediately available.

To enable the President to cause, under the provisions 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,”¹ to be allotted the lands in said separate reservations as provided in said Act, including the necessary resurveys, fifteen thousand dollars: Provided, That hereafter the President shall cause allotments to be made under the provisions of said act to any living children of Indians affected thereby who have not heretofore been allotted: Provided, That the tribe to which said Indian children belong is possessed of any unallotted, tribal, or reservation lands.

That the Secretary of the Interior be, and he is hereby, authorized to cause an allotment of three hundred and twenty acres of land to be made to each woman belonging on the Pine Ridge Reservation or Cheyenne River Reservation in South Dakota, or on the Standing Rock Reservation in North Dakota and South Dakota, now living and who is not entitled to and has not been received an allotment under existing law, by reason of her having been a married woman at the date of the order of the President authorizing allotments on the reservation to which she belongs: Provided, That the allotments as made hereunder shall be subject to the provisions 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 in Dakota into separate reservations, and to secure the relinquishment of the Indian title to the remainder, and for other purposes,” and the amendments thereto.

For pay of Indian agent at the Uintah and Ouray Agency, Utah (consolidated), one thousand eight hundred dollars.

For support and education of seventy-five pupils at the Panguitch Indian school in southern Utah, twelve thousand five hundred and twenty-five dollars, and for pay of superintendent, one thousand two hundred dollars;

General repairs and improvements, five thousand dollars;

In all, eighteen thousand seven hundred and twenty-five dollars.

For general incidental expenses of the Indian Service in Utah, including traveling expenses of agents, one thousand dollars.

For constructing irrigation system, to irrigate to allotted lands of the Uncompahgre, Uintah, and White River Utes in Utah, as provided by the act of June twenty-first, nineteen hundred and six, one hundred and fifty thousand dollars.

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For pay of two carpenters, two millers, two farmers, and two blacksmiths, as per tenth article of treaty of October seventh, eighteen hundred and sixty-three, the fifteenth article of treaty of March second, eighteen hundred and sixty-eight, six thousand seven hundred and twenty dollars;

For pay of two teachers, as per same article of same treaty, one thousand eight hundred dollars;

For purchase of iron and steel and the necessary tools for blacksmith shop, per ninth article of same treaty, two hundred and twenty dollars;

For annual amount for the purchase of beef, mutton, wheat, flour, beans, and potatoes, or other necessary articles of food, as per twelfth article of same treaty, thirty thousand dollars;

For pay of employees at the several Ute agencies, fifteen thousand dollars;

In all, fifty-three thousand seven hundred and forty dollars.

That the sum of five thousand dollars, for the purchase of lands and sheep for the San Juan Piute Indians, and ten thousand five hundred dollars, for the support and civilization of the Kaibab Indians in Utah, and so forth, appropriated in the Indian act for the fiscal year nineteen hundred and seven, are hereby reappropriated and made available for the use of the Piute Indians in southern Utah and northern Arizona.

For the support and education of one hundred and twenty Indian pupils at the school at Hampton, Virginia, twenty thousand and forty dollars.

For pay of Indian agent at the Colville Agency, Washington, one thousand five hundred dollars;

For support and civilization of the D’Wamish and other allied tribes in Washington, including pay of employees, seven thousand dollars;

For rebuilding and repairing the sawmill on the Tulaip Indian Reservation, two thousand dollars.

For support and civilization of the Makahs, Washington, including pay of employees, two thousand dollars;

For support and civilization of the Qui-nai-elts and Qui-leh-utes, including pay of employees, one thousand dollars;

For support and civilization of Yakimas, and other Indians at said agency, including pay of employees, five thousand dollars;

For the construction of a telephone line on the Yakima Reservation, four thousand dollars, or so much thereof as may be necessary;

For general incidental expenses of the Indian Service in Washington, including traveling expenses of agents, and support and civilization of Indians at Colville and Puyallup Agencies, and for pay of employees, thirteen thousand dollars.

That the Secretary of the Interior, in his discretion, is hereby authorized, with the consent of the Indians, to be obtained in such manner as he may deem best, to sell, under rules and regulations to be prescribed by him, any tract or part of any tracts of land heretofore set apart and reserved for cemetery and church purposes in the Indian addition to the city of Tacoma, Washington, not now needed for these purposes, and to use the proceeds of said sale for fencing and otherwise improving the part or parts now used, occupied, or needed for the cemetery and the church.

{Page 302}

For pay of a blacksmith and carpenter to do necessary work and to instruct the said Indians in those trades, one thousand dollars each, per sixth article of agreement with said Indians, dated March eighteenth, eiighteen hundred and eighty-seven, ratified by act of Congress approved July thiirteenth, eighteen hundred and ninety-two, two thousand dollars;

For purchase of agricultural implements, and support and civilization of Joseph’s Band of Nez Perces Indians, one thousand dollars;

For the extension of the irrigation system on lands allotted to Yakima Indians in Washington, fifteen thousand dollars, to be reimbursed from the proceeds of the sale of surplus lands, as provided by that act of December twenty-first, nineteen hundred and four, entitled “An act to authorize the sale and disposition of surplus or unallotted lands of the Yakima Indian Reservation in the State of Wasington”; in all, fifteen thousand dollars.

In part payment to the Indians residing on the Colville Reservation for the cession by said Indians to the United States of one million five hundred thousand acres of land opened to settlement by an act of Congress “To provide for the opening of a part of the Colville Reservation in the State of Washington, and for other purposes,” approved July first, eighteen hundred and ninety-two, being a part of the full sum set aside and held in the Treasury of the United States in payment for said land under the terms of the act approved June twenty-first, nineteen hundred and six, ratifying the agreement ceding said land to the United States under date of May ninth, eighteen hundred and ninety-one, three hundred thousand dollars, said sum of three hundred thousand dollars to be paid to or expended for the benefit of said Indians under the direction of the Secretary of the Interior.

For pay of Indian agent at the La Pointe Agency, Wisconsin, one thousand eight hundred dollars.

For the support and education of two hundred and ten pupils at the Indian schoo at Hayward, Wisconsin, thirty-five thousand five hundred and seventy dollars, and for pay of superintendent, one thousand five hundred dollars;

For general repairs and improvements, three thousand dollars;

For clearing land, one thousand dollars;

In all, forty-one thousand and seventy dollars.

For support and education of two hundred and fifty Indian pupils at the Indian school, Tomah, Wisconsin, forty-two thousand and fifty dollars, and for pay of superintendent, one thousand seven hundred dollars;

For general repairs and improvement, three thousand dollars;

In all, forty-seven thousand seven hundred and fifty dollars.

For support and civilization of the Chippewas of Lake Superior, Wisconsin, to be expended for agricultural and educational purposes; pay of employees, including pay of physician, at one thousand two hundred dollars.

{Page 303}

Purchase of goods and provisions, and for such other purposes as may be deemed for the best interests of said Indians, seven thousand dollars.

For support and civilization of Shoshone Indians in Wyoming, twelve thousand dollars.

For support and education of one hundred and seventy-five Indian pupils at the Indian school, Shoshone Reservation, Wyoming, twenty-eight thousand two hundred and twenty-five dollars, and for pay of superintendent, one thousand eight hundred dollars;

For general repairs and improvements, five thousand dollars;

In all, thirty-six thousand and twenty-five dollars.

For general incidental expenses of the Indian Service in Wyoming, including traveling expenses of agents, one thousand dollars.

SHOSHONES: For pay of physician, teacher, carpenter, miller, engineer, farmer, and blacksmith, as per tenth article of treaty of July third, eighteen hundred and sixty-eight, five thousand dollars;

For pay of second blacksmith, and such iron and steel and other materials as may be required, as per eighth articlke of same treaty, one thousand dollars;

In all, six thousand dollars.

For the purpose of carrying out the provisions of article four of the agreement ratified by the act of March third, nineteen hundred and five, entitled, “An act to ratify and amend an agreement with the Indians residing on the Shoshone or Wind River Indian Reservation, in the State of Wyoming, and make appropriation for carrying the same into effect,” one hundred thousand dollars of the amount specified by said fourth article twenty-five thousand dollars to be immediately available and to be reimbursed from the proceeds derived from the sale of surplus lands, as provided by said act.

That there is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, the sum of one thousand four hundred and one dollars, the same to be immediately available, for meandering the north bank of the Pope Agie River through township two south, range two east; townships one and two south, range three east; township one south, range four east, and the south bank of Big Wind River, through townships one north and one south, range four east, and township three north, range three west, surveying fractional townships one and two south, range two east, and making such retracements and resurveys as may be necessary in the diminished Shoshone Indian Reservation, Wyoming.

That the Secretary of the Interior be, and he hereby is, authorized to lease for a term not exceeding twenty-five years, lot one of section two in township one south of range one west of the Wind River meridian, in said reservation, for the erection of a sanatorium, at such rate of retal and subject to such rules and regulations as he may prescribe.

Approved, March 1, 1907.

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