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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 Treaty funds. be used.

SEC. 4. That when not required for the purpose for which appropriated, the funds herein provided for the pay of specified employees at any agency may be used by the Commissioner of Indian Affairs, subject to the approval of 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 herein made for millers, blacksmiths, engineers, carpenters, physicians, and other persons, and for various articles provided for by treaty stipulation for the several Indian tribes, may be diverted to other uses for the benefit of said tribes, respectively, within the discretion of the President, and with the consent of said tribes. expressed in the usual manner; and that he cause report to be made to Congress, at its next session thereafter, 0. his action under this provision.

Transfer of funds for employees, etc.

Rejection of bids.

chases.

SEC. 5. That whenever, after advertising for bids for supplies in accordance with sections three and four of this Act, those received for any article contain conditions detrimental to the interests of the Government, they may be rejected, and the articles specified in such Open market purbids purchased in open market, at prices not to exceed those of the lowest bidder, and not to exceed the market price of the same, until such time as satisfactory bids can be obtained, for which immediate advertisement shall be made: Provided, That so much of the appropriations herein made as may be required to pay for goods and sup- immediately plies, for expenses incident to their purchase, and for transportation able. of the same, for the year ending June thirtieth, nineteen hundred and five, shall be immediately available, but no such goods or supplies shall be distributed or delivered to any of said Indians prior to July first, nineteen hundred and four.

Proviso.
Amount for supplies

avail

Annual report con

SEC. 6. That the Commissioner of Indian Affairs shall report to each Congress, at the first regular session thereof, specifically showing the cerning employees. number of employees at each agency, industrial and boarding school, which are supported in whole or in part out of the appropriations in this Act, giving name, when employed, in what capacity employed, male or female, whether white or Indian, amount of compensation paid, and out of what item or fund of the appropriation paid, and whether, in the opinion of such Commissioner, any of such employees are unnecessary.

SEC. 7. That no part of the moneys herein appropriated for fulfilling Restriction. treaty stipulations shall be available or expended unless expended without regard to the attendance of any beneficiary at any school other than a Government school.

Missouria Indians.
Allotments to chil-

dren.

SEC. 8. That the Secretary of the Interior be, and he is hereby, Ponca, Otoe, and authorized and directed to cause to be allotted, under the provisions of the Act of Congress approved February eighth, eighteen hundred and eighty-seven, entitled "An Act to provide for the allotment of lands in Vol. 24, p. 388. 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," as amended by the Act approved Vol. 26, p. 794. February twenty-eighth, eighteen hundred and ninety-one, to each and every child born of a recognized member of the Ponca tribe and to each and every child born of a recognized member of the Otoe and Missouria tribe of Indians since the completion of allotments to said tribes, respectively, and prior to the thirtieth day of June, nineteen hundred and four, and alive and in being on that date, eighty acres of

agricultural or one hundred and sixty acres of grazing land within the Disposal of unallot- reservation of the tribe to which said child belongs. That after said

ted lands.

Provisos.

Reservation.

allotments shall have been made the remaining unallotted lands in each of said reservations shall be allotted under said Acts in such manner as to give all the members of the tribe living on the thirtieth day of June, nineteen hundred and four, as near as may be, an equal quantity of land in acres: Provided, That before making said allotments the Secretary of the Interior may reserve for Government purposes, or for the common use of the tribe, not exceeding six hundred and forty Lands attached to acres in each of said reservations: Provided further, That the reservation lines of the said Ponca and Otoe and Missouria Indian reservations be, and the same are hereby, abolished; and the territory comprising said reservations shall be attached to and become part of the counties of Kay, Pawnee and Noble, in Oklahoma Territory, as follows:

counties, Oklahoma.

Kay County.

Noble County.

Pawnee County.

Special disbursing agents abolished. Vol. 28, p. 910.

Santee Agency, Nebr.

Patent in fee to.

smith.
Patent in fee to.

Township twenty-five north, of range one east of the Indian meridian, and fractional township twenty-five north, of range two east, of the Indian meridian, now in the Ponca Indian Reservation, shall be attached to and become a part of Kay County. The Kansas Reservation in Oklahoma is hereby attached to Kay County.

Township twenty-four north, of range one east, of the Indian meridian; fractional township twenty-four north, of range two east, of the Indian meridian; fractional township twenty-four north, of range three east, of the Indian meridian; fractional township twenty-four north, of range four east, of the Indian meridian, and that part of fractional township twenty-five north, of ranges three and four east of the Indian meridian, lying south of the Arkansas River, all in the Ponca Indian Reservation; township twenty-three north, of ranges one and two east, of the Indian meridian, all in the Otoe and Missouria Indian Reservation, shall be attached to and become a part of Noble County.

Fractional township twenty-three north, of range three east, of the Indian meridian, and township twenty-two north, of range three, of the Indian meridian, all in the Otoe and Missouria Reservation, shall be attached to and become a part of Pawnee County.

SEC. 9. That section eleven of the Act approved March second, eighteen hundred and ninety-five, entitled "An Act making appropriations for current and contingent expenses of the Indian Department and fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June thirtieth, eighteen hundred and ninety-six, and for other purposes," be, and the same is hereby, repealed.

SEC. 10. That Joseph M. Campbell, a Santee Indian, may purchase,. Joseph M. Campbell. upon such terms and conditions as the Secretary of the Interior may prescribe, a tract of not exceeding five acres from the lands reserved for the Santee Agency, Nebraska, including the land upon which the improvements of said Campbell are located, and the Secretary of the Interior is authorized to convey said tract to the said Campbell by Stephen Black patent in fee. And Stephen Blacksmith, a Santee Indian, may, in the discretion of the Secretary of the Interior, purchase upon such terms and conditions as the Secretary of the Interior may prescribe, a tract of not exceeding five acres from the lands reserved for the Santee Agency, Nebraska, including the land upon which the improvements of said Stephen Blacksmith are located, and the Secretary of the Interior is authorized in his discretion to convey said tract to said Creek Nation, Ind.'T. Blacksmith by patent in fee. That all restrictions upon the sale of land of the persons herein named, who are adult citizens of the Creek Nation, Indian Territory, as now existing, are hereby removed in each of the following cases, and they shall have power and authority hereafter to sell the surplus land hereinafter described without restrictions: Tulsa Harjo: Northeast quarter of north quarter of section thirtytwo, township nine north, range thirteen east; north half of northwest

Removal of sale restrictions.

Tulsa Harjo.

quarter of section thirty-three, township nine north, range thirteen

east.

Salina Emarthla: North half of southeast quarter; southwest quarter of southeast quarter; west half of southeast quarter of southeast quarter of section twenty-nine, township nine, range thirteen east; west half of northwest half of northwest quarter of northeast quarter of section thirty-two, township nine and range thirteen east.

Susie Buckner: Southeast quarter of northeast quarter of section thirty-two, township nine, range thirteen east; southwest quarter of northwest quarter of section thirty-three, township nine, range thirteen

east.

Okchun Emarthla: East half of northwest quarter of northeast quarter of section thirty-two, township nine, range thirteen east.

And from and after the passage of this Act said lands shall be subject to taxation. Nothing herein shall authorize either of said parties' to sell any part of their homesteads..

SEC. 11. That Edgar Hendrix, Wichita allottee numbered three hundred and forty-nine, to whom' trust patent has been issued containing restrictions upon alienation, may sell and convey not exceeding one-half of his allotment, but such conveyance shall be subject to the approval of the Secretary of the Interior, and when so approved shall convey a full title to the purchaser the same as if a final patent without restrictions had been issued to the allottee.

Salina Emarthla

Susie Buckner.

Okchun Emarthla.

Taxes..

Edgar Hendrix.
Sale by, permitted.

Colville River In

Sale of drainage right of way permit

SEC. 12. That the Indians living along and near the Colville River in dians. Stevens County, State of Washington, to whom trust patents have been issued containing restrictions upon alienation, may sell and convey, ted. for drainage purposes, so much of such allotments as may be necessary for right of way for drainage canals, but such conveyances shall be subject to the approval of the Secretary of the Interior, and when so approved shall convey, for said purposes, a full title to the purchasers the same as if final patent without restrictions had been issued to the allottees.

That the Secretary of the Interior be, and he is hereby, authorized and directed to issue a patent in fee to Zonee Adams, a member of the Kiowa, Comanche, and Apache tribes of Indians, for the lands heretofore allotted to her in the Territory of Oklahoma, and all restrictions as to the sale, incumbrance, or taxation of said lands are hereby removed.

SEC. 13. That James N. Jones, Kiowa allottee numbered twentysix, to whom a trust patent has been issued containing restriction upon alienation, may sell and convey not exceeding one-half of his allotment, but that such conveyance shall be subject to the approval of the Secretary of the Interior, and when so approved shall convey full title to the purchaser the same as if a final patent without restriction had been issued to the allottee.

Zonee Adams.
Patent in fee to.

James N. Jones.
Sale permitted.

Amanda C. Hines

Restrictions on sales removed

1

SEC. 14. That the Secretary of the Interior be, and he is hereby, John W. Hins, etc authorized and directed to issue patents in fee, severally, to Pasapa or Amanda C. Hines, John W. Hines, junior, Lydia A. Marshall, Ehpriam D. Prescott, and Ida C. Peek, members of the Sisseton and Wahpeton tribe of Indians, for the lands heretofore allotted to them in Roberts County, in the State of South Dakota, and all restrictions as to sale, incumbrance, or taxation of said lands are hereby removed.

William A. Trous

Patent in fee to.

SEC. 15. That the Secretary of the Interior be, and he is hereby, dale authorized and directed to issue a patent in fee to William A. Trousdale, a citizen Pottawatomie allottee, for the land heretofore allotted to him in Oklahoma, to wit: The northwest quarter of the northeast quarter of section thirty-six, township seven north, range two east of the Indian meridian, and all restrictions as to the sale, incumbrance, or taxation of said land are hereby remov. d.

George J. Lemmon.
Patent in fee to.

Nellie H. Davis.
Patent in fee to.

Sulphur, Ind. T.

Additional land for reservation.

Description.

Price per acre.

Vol. 32, p. 655.

Appropriation.

Improvements.
Vol. 32, p. 655.

Management, control, etc.

Vol. 32, p. 655.

Provisos.

Enforcement of regulations.

Sale ments.

SEC. 16. That the Secretary of the Interior be, and he is hereby, authorized and directed to issue a fee simple patent to George J. Lemmon, a member of the Winnebago tribe of Indians, for the lands heretofore allotted to him in Nebraska, to wit: The northwest quarter of the southeast quarter of section thirty-five, township twenty-six north, of range six east, of the sixth principal meridian, in Thurston County, and all restrictions as to the sale, incumbrance, or taxation of the same are hereby removed.

SEC. 17. That the Secretary of the Interior be, and he is hereby, authorized and directed to issue patents in fee to Nellie H. Davis, a Cheyenne and Arapahoe Indian, for the lands heretofore allotted to her in the Territory of Oklahoma, and all restrictions as to the sale, incumbrance, or taxation of said lands are hereby removed, said lands being described as follows, to wit: The northeast quarter of section twenty-nine, township fourteen north, of range fifteen west, of Indian meridian, in Oklahoma Territory:

SEC. 18. That the Secretary of the Interior is hereby authorized and directed to withhold from sale or other disposition the irregular tract of land containing seventy-eight and sixty-eight one-hundredths acres, more or less, lying in the northwest quarter of section two and the northeast quarter of section three, township one south, range three east, and being within the exterior boundaries of the proposed town site of Sulphur, in the Chickasaw Nation, Indian Territory, and excluded from said town site by order of the Secretary of the Interior, of October twentieth, nineteen hundred and three, and also to withdraw and withhold from disposition the tract of land within the exterior boundaries of said proposed town site, lying south of and adjacent to the tract above mentioned, containing in the aggregate one hundred and thirty-eight acres, more or less, and mentioned in the report of Gerard H. Matthes, of December twenty-seventh, nineteen hundred and three, to F. H. Newell, Chief Engineer United States Geological Survey, and shown upon the map accompanying said report by a yellow line.

The land hereby reserved shall be paid for by the United States at the rate of sixty dollars per acre and in the same manner as the land acquired in accordance with paragraph sixty-four 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," and such money as may be necessary to carry out this provision is hereby appropriated, from any money in the United States Treasury not otherwise appropriated, and made immediately available.

All improvements upon said land, at the passage of this Act, shall be appraised and paid for as provided in said paragraph sixty-four of the Act of July first, nineteen hundred and two.

The land hereby reserved shall, immediately upon payment therefor by the United States, be and become a part of the reservation heretofore established at the said village of Sulphur, and shall be subject to all the provisions of said section sixty-four of the Act of July first, nineteen hundred and two, respecting the care, control, direction, use, and occupancy thereof, as if they had been included in the origi nal segregation: Provided, That the Secretary of the Interior is hereby authorized, in the absence of other provisions for the care and anagement thereof, to designate an officer or employee of his Department to take charge of the land, whether acquired under said section sixty-four of the Act of July first, nineteen hundred and two, or under this Act, and to enforce rules and regulations for the control and use thereof, and of the waters of the springs and creeks within of improve the reservation: Provided further, That the Secretary of the Interior is hereby authorized, in his discretion, to sell or dispose of any build

Violation of regulations.

ings upon the land hereby reserved and upon the land originally
reserved, and all money received from such sales, as well as all money
heretofore received or that may hereafter be realized for the use of
said waters or for the use and occupancy of the land or the buildings
thereon, through leases, permits, or otherwise, may be expended
under the direction of the Secretary of the Interior for the care and
management of said lands and the preservation of the improvements
thereon: And provided further, That if any person, firm, or corpora-
tion shall willfully violate any of the rules and regulations prescribed
by the Secretary of the Interior relative to the use of the waters of
said springs and creeks and the use and occupation of the lands in said
reservation, such person, firm, corporation, or members or agents
thereof, shall be deemed guilty of a misdemeanor, and upon conviction Penalty.
shall be fined not less than five dollars and not more than one hundred
dollars, and may be imprisoned for a term of not more than six months
for each offense.

purchase of town lots.

The Secretary of the Interior is hereby directed to appraise, at their Appraisement and actual value at the time of such appraisement, all town lots held by citizens of the United States within the limits of the tract of land ceded to the United States by the Choctaw and Chickasaw nations, at or near Sulphur Springs, in the Chickasaw Nation, Indian Territory, and pay for the same to such lot holders severally, or to their legal representatives, the appraised value of such lots by warrants drawn by the Secretary of the Interior upon the Treasurer of the United States; and the amount necessary to pay the same is hereby appropriated from Appropriation. any money in the Treasury not otherwise appropriated. The foregoing appraisal of lots shall be completed within three months from the passage of this Act.

SEC. 19. That Seymour W. Hollister be reimbursed in the sum of four hundred and twenty-two dollars and twenty-six cents for attorney's fees and disbursements on account of the action brought by the State of Wisconsin against the Government for timber purchased in good faith by the said Hollister of the Government, and which was alleged to have been wrongfully taken from State lands on the Menominee Reservation in Wisconsin.

Time limit for appraisal.

ter.

Seymour W. Hollis

Reimbursement.

Payment to.

SEC. 20. That the Secretary of the Interior be, and he is hereby, R. O. Evans & Co. authorized and directed to pay, out of any available fund of the Cherokee Nation of Indians in the Treasury of the United States, to R. O. Evans and Company, of Green Bay, Wisconsin, the sum of three thousand eight hundred and seventy dollars, said amount being in full payment for maps furnished said tribe of Indians under a contract made with the council of said Cherokee Nation.

SEC. 21. That the Secretary of the Treasury is authorized and directed to pay to Mary Matthews, a clerk at the San Jacinto Indian Training School, California, the sum of one hundred dollars, from funds in the United States Treasury to the credit of the appropriation, "Removal and support of Mission Indians," such being the amount paid by her from personal funds to Jose Antonio C. B. Mooat, an Indian of the Mission Agency, California, and such payment shall be a full discharge of the obligation of the United States to Jose Antonio C. B. Mooat, for the value of his garden crops on Warner's ranch, California, authorized to be paid by Act of May twenty-seventh, nineteen hundred and two.

That the Secretary of the Treasury be, and he is hereby, authorized and directed to set aside in the Treasury of the United States to the credit of the Chippewa Indians of Lake Superior and the Mississippi the sum of eighty-one thousand seven hundred and two dollars and sixty-one cents, said sum being the total amount arising from balances of appropriations under treaties with said Indians and covered into the Treasury between the years eighteen hundred and forty-three and

Mary Matthews.

Payment to.

Vol. 32, p. 257.

Chippewa Indians.

Payment of certain

treaty funds to.

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