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June 25, 1910.

(H. R. 26319.) [Public, No. 311.)

Saint

and

CHAP. 429.--An Act To authorize the building of bridges across the Saint Marys River, Georgia, and the Kootenai River, Idaho.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the Saint Marys and Saint Marys River. Kingsland Railroad Company, a corporation organized under the laws Kingsland Railroad of the State of Georgia, is hereby authorized to construct, maintain, Count may als and operate a bridge and approaches thereto across the Saint Marys River at a point suitable to the interests of navigation, at or near a point about one mile west of the town of Saint Marys, in the county of Camden, in the State of Georgia, in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges Vol. 34, p. 84. over navigable waters,” approved March twenty-third, nineteen hundred and six.

SEC. 2. That the Kootenai Valley Railway Company, a corporation Kootenai vefiey organized under the laws of the State of Washington, is hereby author- Railway company ized to construct, maintain, and operate a bridge and approaches thereto pers Ferry, Idaho. across the Kootenai Riverat a point suitable to the interests of navigation at or near Bonners Ferry, in the State of Idaho, in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March twenty-third, nineteen hundred and six.

SEC. 3. That the right to alter, amend, or repeal this Act is hereby Amendment. expressly reserved.

Approved, June 25, 1910.

River.

Vol. 34, p. 84.

June 25, 1910.

(H. R. 26458.) (Public, No. 312.]

Olalla Slough, Oreg.
Olalla diking dig.

dike across.

CHAP. 430.-An Act To authorize the construction and maintenance of a dike on Olalla Slough, Lincoln County, Oregon.

Be it enacted by the Senate and Tlouse of Representatives of the United States of America in Congress assembled, That the legal officers of the Olalla diking district, organized under the laws of the State of trict may construct & Oregon, be, and hereby are, authorized to construct upon the foundation already laid, and to maintain a dike across the Olalla Slough, in Lincoln County, Oregon, with a gate therein so constructed and maintained as to be readily opened and easily operated for the purposes of navigation. Said gates may be closed for such time as to Closing gates. prevent the overflowing by the tides of the lands above the dike under regulations to be prescribed from time to time by the Secretary of War: Provided, however, That the work now existing shall not be

Approval of plans. legalized nor shall any new work be commenced until the plans therefor have been filed with and approved by the Secretary of War and Chief of Engineers.

Sec. 2. That the right to alter, amend, or repeal this Act is hereby Amendment. expressly reserved.

Approved, June 25, 1910.

Proriso.

June 25, 1910.

(H. R. 24992.) [Publie, No. 313.)

Indian trust allot.

CHAP. 431.--An Act To provide for determining the heirs of deceased Indians, for the disposition and sale of allotments of deceased Indians, for the leasing of allotments, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when any Indian to ments whom an allotment of land has been made, or may hereafter be made, intestate Indians.

of dies before the expiration of the trust period and before the issuance of a fee simple patent, without having made a will disposing of said allotment as hereinafter provided, the Secretary of the Interior, upon notice and hearing, under such rules as he may prescribe, shall ascertain the legal heirs of such decedent, and his decision thereon shall be final and conclusive. If the Secretary of the Interior decides the tary or interior.

Discretion of Secre. heir or heirs of such decedent competent to manage their own affairs,

247689-61-2-PT 1-14

Proviso8.
Partition,

fee.

cates.

funds in banks.

he shall issue to such heir or heirs a patent in fee for the allotment of such decedent; if he shall decide one or more of the heirs to be incompetent he may, in his discretion, cause such lands to be sold: Provided, That if the Secretary of the Interior shall find that the lands of the decedent are capable of partition to the advantage of the heirs,

he may cause the shares of such as are competent, upon their petition, Rules for sales, etc. to be set aside and patents in fee to be issued to them therefor. All

sales of lands allotted to Indians authorized by this or any other Act shall be made under such rules and regulations and upon such terms as the Secretary of the Interior may prescribe, and he shall require a deposit of ten per centum of the purchase price at the time of the sale. Should the purchaser fail to comply with the terms of sale prescribed by the Secretary of the Interior, the amount so paid shall be forfeited; in case the balance of the purchase price is to be paid in deferred payments, a further amount, not exceeding fifteen per centum of the purchase price may be so forfeited for failure to comply with

the terms of the sale. All forfeitures shall inure to the benefit of the issue of patents in heirs. Upon payment of the purchase price in full, the Secretary of

the Interior shall cause to be issued to the purchaser patent in fee bistribution of pro- for such land: Provided, That the proceeds of the sale of inherited

lands shall be paid to such heir or heirs as may be competent and held in trust subject to use and expenditure during the trust period forsuch heir or heirs as may be incompetent, as their

respective interests shall Cempetency certifi- appear: Provided further, That the Secretary of the Interior is hereby

authorized in his discretion to issue a certificate of competency, upon application therefor, to any Indian, or in case of his death, to his heirs, to whom a patent in fee containing restrictions on alienation has been or may hereafter be issued, and such certificate shall have

the effect of removing the restrictions on alienation contained in such Deposit of Indian patent: Provided further, That hereafter any United States Indian

agent, superintendent, or other disbursing agent of the Indian Service

may deposit Indian moneys, individual or tribal, coming into his hands Ind

as custodian, in such bank or banks as he may select: Provided, That the bank or banks so selected by him shall first execute to the said disbursing agent a bond, with approved surety, in such amount as will properly safeguard the funds to be deposited. Such bonds shall

be subject to the approval of the Secretary of the Interior. Disposal of trust al SEC. 2. That any Indian of the age of twenty-one years, or over, to lotments by will.

whom an allotment of land has been or may hereafter be made, shall have the right, prior to the expiration of the trust period and before the issue of a fee simple patent, to dispose of such allotment by will, in accordance with rules and regulations to be prescribed by the Secretary of the Interior: Provided, however, That no will so executed shall be valid or have any force or effect unless and until it shall have been approved by the Commissioner of Indian Affairs and the Secretary of the Interior: Provided further, That sections one and two of this Act shall not apply to the State of Oklahoma.

Sec. 3. That in any case where an Indian has an allotment of land, or any right, title, or interest in such an allotment, the Secretary of the Interior, in his discretion, may permit such Indian to surrender such allotment, or any right, title, or interest therein, by such formal relinquishment as may be prescribed by the Secretary of the Interior, for the benefit of any of his or her children to whom no allotment of land shall have been made; and thereupon the Secretary of the Interior shall cause the estate so relinquished to be allotted to such child or children subject to all conditions which attached to it before such relinquishment.

SEC. 4. That any Indian allotment held under a trust patent may be leased by the allottee for a period not to exceed five years, subject to and in conformity with such rules and regulations as the

ity bond.

Provisos.
Approval required.

Not applicable to Oklahoma.

Surrender of trust allotments to children.

Conditions.

Leases of trust allotments.

.

431.

conveyances by Indians of

ful.

Proviso.
Exception.
Timber depreda-

Vol. 35, p. 1098,

Trust allotments in. cluded.

Secretary of the Interior may prescribe, and the proceeds of any such lease shall be paid to the allottee or his heirs, or expended for his or their benefit, in the discretion of the Secretary of the Interior. SEC. 5. That it shall be unlawful for any person to induce any

Inducing Indian to execute any contract, deed, mortgage, or other instrument trust interests unlawpurporting to convey any land or any interest therein held by the United States in trust for such Indian, or to offer any such contract, deed, mortgage, or other instrument for record in the office of any recorder of deeds. Any person violating this provision shall be punishment for. deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding five hundred dollars for the first offense, and if convicted for a second offense may be punished by a fine not exceeding five hundred dollars or imprisonment not exceeding one year, or by both such fine and imprisonment, in the discretion of the court: Provided, That this section shall not apply to any lease or other contract authorized by law to be made.

Sec. 6. That section fifty of the Act entitled “An Act to codify, tioris revise, and amend the penal laws of the United States," approved amende 35, p. March fourth, nineteen hundred and nine (Thirty-fifth United States Statutes at Large, page one thousand and ninety-eight), is hereby amended so as to read:

"Sec. 50. Whoever shall unlawfully cut, or aid in unlawfully redations en reserva cutting, or shall wantonly injure or destroy, or procure to be wantonly tion or Indian lands. injured or destroyed, any tree, growing, standing, or being upon any land of the United States which, in pursuance of law, has been reserved or purchased by the United States for any public use, or upon any Indian reservation, or lands belonging to or occupied by any tribe of Indians under the authority of the United States, or any Indian allotment while the title to the same shall be held in trust by the Government, or while the same shall remain inalienable by the allottee without the consent of the United States, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both.”

That section fifty-three of said Act is hereby amended so as to read:

“SEC. 53. Whoever shall build a fire in or near any forest, timber, Punishment fos not or other inflammable material upon the public domain, or upon any reservations or Indian Indian reservation, or lands belonging to or occupied by any tribe of labor. Indians under the authority of the United States, or upon any Indian amended, allotment while the title to the same shall be held in trust by the cluded: Government, or while the same shall remain inalienable by the allottee without the consent of the United States, shall, before leaving said fire, totally extinguish the same; and whoever shall fail to do so shall be fined not more than one thousand dollars, or imprisoned not more than one year, or both.”

SEC. 7. That the mature living and dead and down timber on unallotted lands of any Indian reservation may be sold under regu- unallotted lands in. lations to be prescribed by the Secretary of the Interior, and the proceeds from such sales shall be used for the benefit of the Indians of the reservation in such manner as he may direct: Provided, That this

Exception. section shall not apply to the States of Minnesota and Wisconsin.

SEC. 8. That the timber on any Indian allotment held under a trust or other patent containing restrictions on alienations, may be sold by the allottee with the consent of the Secretary of the Interior and the proceeds thereof shall be paid to the allottee or disposed of for his benefit under regulations to be prescribed by the Secretary of the Interior.

SEC. 9. That section three of the Act entitled "An Act to provide Lands in severalty 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 amended. and the Territories over the Indians, and for other purposes,"

Vol. 35, p. 1098,

Trust allotments in

Indian reservations,
Sales of timber on

Proviso.

Sales of timber on trust allotments.

to Indians.

Vol. 24,

p. 389,

Allotments to be tion agent.

alone.

Certificates.

Washington,

Ante, p. 855.

approved February eighth, eighteen hundred and eighty-seven (Twenty-fourth Statutes at Large, page three hundred and eightyeight), be, and the same hereby is, amended to read as follows:

Sec. 3. That the allotments provided for in this Act shall be made meede homic speerial by special agents appointed by the President for such purpose, and

the superintendents or agents in charge of the respective reservations

on which the allotments are directed to be made, or, in the discretion By reservation agent of the Secretary of the Interior, such allotments may be made by the

superintendent or agent in charge of such reservation, under such rules and regulations as the Secretary of the Interior may from time to time prescribe, and shall be certified by such special allotting agents, superintendents, or agents to the Commissioner of Indian Affairs, in duplicate, one copy to be retained in the Indian Office and the other to be transmitted to the Secretary of the Interior for his action, and to be deposited in the General Land Office.”

SEC. 10. That the Secretary of the Interior be, and he is hereby, nals eina benda patentis authorized, whenever in his opinion it shall be conducive to the best lages.

welfare and interest of the Indians living within any Indian village on any of the Indian reservations in the State of Washington, to issue a patent to each of said Indians for the village or town lot occupied by him, which patent shall contain restrictions against the alienation of the lot described therein to persons other than members of the tribe, except on approval of the Secretary of the Interior; and if any such Indian shall die subsequent to the approval of this Act, and before receiving patent to the lot occupied by him, the lot to which such Indian would have been entitled 'if living shall be patented in his name and shall be disposed of as provided for in section one of

this Act. Camp Mojave aban Sec. 11. That the Secretary of the Interior be, and he hereby is, danied military reser- authorized to approve allotments made within the limits of the abanApproval of allot- doned Camp Mojave military and hay and wood reservations, as

defined by the proclamation of the President dated March thirtieth, eighteen hundred and seventy, to those Indian allottees who shall be found to be entitled to allotment, and patents shall issue to such allottees, as provided in the general allotment Act of February eighth, eighteen hundred and eighty-seven, and the Acts amendatory thereof.

Sec. 12. That the Secretary of the Interior be, and he is hereby,

authorized and directed to investigate the allotments in the names of ments of two, dying Sooc-oog (Red Foot), or Bill Billy, allottee numbered nine, and Mo-zo

to-be (Hair Forehead) Brown, allottee numbered eight, deceased Pahute Indians, on the public domain in the Carson (Nevada) land district, and if it be shown to his satisfaction that the allottees died

without heirs he is hereby authorized and directed to cancel the said Allotments to In. patents: Provided, That hereafter the Secretary of the Interior be, dians dying without and he is hereby, authorized to investigate the allotment in the name

of any deceased Indian and if it be shown to his satisfaction that the Report to be made. allottee died without heirs he shall report the facts to Congress with

a recommendation for the cancellation of the patent issued in the name of such Indian.

SEC. 13. That the Secretary of the Interior be, and he is hereby, Power, etc., sites in, authorized, in his discretion, to reserve from location, entry, sale,

allotment, or other appropriation any lands within any Indian reservation, valuable for power or reservoir sites, or which may be necessary for use in connection with any irrigation project heretofore or

hereafter to be authorized by Congress: Provided, That if no irrigawthorized project tion project shall be authorized prior to the opening of any Indian

reservation containing such power or reservoir sites the Secretary of the Interior may, in his discretion, reserve such sites pending future legislation by Congress for their disposition, and he shall report to Congress all reservations made in conformity with this Act.

ments in.

Trust patents for.
Vol. 24, p. 388.

Pahute Indians, Nevada. Canceling allot

.

heirs.

reserva

Indian tions.

may be reserved.

Proviso.

Trust allotments.
Canceling patents

Prorisos.

Lieu allotments.

Prorisos.

etc.

Sec. 14. That the Secretary of the Interior, after notice and hearing, is hereby authorized to cancel trust patents issued to Indian allot- in power sites, ete. tees for allotments within any power or reservoir site and for allotments or such portions of allotments as are located upon or include lands set aside, reserved, or required within any Indian reservation for irrigation purposes under authority of Congress: Provided, That

Reimbursing In. any Indian allottee whose allotment shall be so canceled shall be reim- dians! bursed for all improvements on his canceled allotment, out of any moneys available for the construction of the irrigation project for which the said power or reservoir site may be set aside: Provided further, That any Indian allottee whose allotment, or part thereof, is so canceled shall be allotted land of equal value within the area subject to irrigation by any such project.

SEC. 15. That the Secretary of the Interior be, and he is hereby, potoe and Missouria authorized to convey by a patent in fee simple the tract of land Reservation. Ok la.

tract described as the northwest quarter of the southeast quarter of section in former, forre ten, township twenty-three north, range two east of the Indian merid-igious

, etc., purposes. ian, containing forty acres, more or less, reserved for and occupied by the Associated Executive Committee of Friends on Indian Affairs, in the former Otoe and Missouria Reservation, in Oklahoma, for religious, mission, or school purposes, to such board of trustees as the proper officers of said society shall designate: Provided, however, That no

Consent of Indians, conveyance shall be made without the consent of the Indians and the payment by said society of a just compensation for the lands to be conveyed, the price to be fixed by the Secretary of the Interior: And Use of proceeds. provided further, That the moneys derived from such source shall be deposited in the Treasury of the United States to the credit of the Otoe and Missouria Indians, to be expended for their benefit in the discretion of the Secretary of the Interior under such regulations as he may prescribe.

Sec. 16. That section one of the Act entitled “An Act to provide Rights of way for the acquiring of rights of way by railroad companies through "Vol. 30, p. 1990, Indian reservations, Indian lands, and Indian allotments, and for amended. other purposes," approved March second, eighteen hundred and ninety-nine, be, and the same hereby is, amended by adding thereto the following:

"Provided also, That as a condition precedent to each and every Stations required on grant of a right of way under authority of this Act, each and every railway company applying for such grant shall stipulate that it will construct and permanently maintain suitable passenger and freight stations for the convenience of each and every town site established by the Government along said right of way.

Sec. 17. That so much of the Indian appropriation Act for the fiscal year nineteen hundred and ten, approved March third, nineteen hone, repeated. hundred and nine, as reads as follows, to wit: “That the Secretary of Vol. 3), p. 782. the Interior be, and he hereby is, authorized, under the direction of the President, to allot any Indian on the public domain who has not heretofore received an allotment, in such areas as he may deem proper, not to exceed, however, eighty acres of agricultural or one hundred and sixty acres of grazing land to any one Indian, such allotment to be made and patent therefor issued in accordance with the provisions of the Act of February eighth, eighteen hundred and eightyseven," be, and the same is hereby, repealed, and sections one and

Vol. 26, pp. 794, 795. four of the Act of February twenty-eighth, eighteen hundred and ninety-one (Twenty-sixth Statutes, page seven hundred ninety-four), be, and the same are hereby, amended to read as follows:

“Sec. 1. That in all cases where any tribe or band of Indians has been or shall hereafter be located upon any reservation created for their use by treaty stipulation, Act of Congress, or executive order, amended. the President shall be authorized to cause the same or any part thereof

town sites.

Issue of allotments to Indians having

Lands in severalty.

Allotments on reservations.

Vol. 26, p. 794,

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