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Remainder on nonirrigable lands.
Allotments not in reservations. amended.
to be surveyed or resurveyed whenever in his opinion such reservation
or any part thereof may be advantageously utilized for agricultural Area increased. or grazing purposes by such Indians, and to cause allotment to each
Indian located thereon to be made in such areas as in his opinion may
be for their best interest not to exceed eighty acres of agricultural or Les irrigation proj. one hundred and sixty acres of grazing land to any one Indian. And
whenever it shall appear to the President that lands on any Indian reservation subject to allotment by authority of law have been or may be brought within any irrigation project, he may cause allotments of such irrigable lands to be made to the Indians entitled thereto in such areas as may be for their best interest not to exceed, however, forty acres to any one Indian, and such irrigable land shall be held to be equal in quantity to twice the number of acres of nonirrigable agricultural land and four times the number of acres of nonirrigable grazing land: Provided, That the remaining area to which any Indian may be entitled under existing law after he shall have received his proportion of irrigable land on the basis of equalization
herein established may be allotted to him from nonirrigable agriculTreaty allotments. tural or grazing lands: Provided further, That where a treaty or Act
of Congress setting apart such reservation provides for allotments in severalty in quantity greater or less than that herein authorized, the President shall cause allotments on such reservations to be made in quantity as specified in such treaty or Act subject, however, to the basis of equalization between irrigable and nonirrigable lands established herein, but in such cases allotments may be made in quantity as specified in this Act, with the consent of the Indians expressed in such manner as the President in his discretion may require.”
“SEC. 4. That where any Indian entitled to allotment under existVol. 24, p. 795, ing laws shall make settlement upon any surveyed or unsurveyed
lands of the United States not otherwise appropriated, he or she shall be entitled, upon application to the local land office for the district in which the lands are located, to have the same allotted to him or her and to his or her children in manner as provided by law for allotments to Indians residing upon reservations, and such allotments to Indians on the public domain as herein provided shall be made in such areas as the President may deem proper, not to exceed, however, forty acres of irrigable land or eighty acres of nonirrigable agricultural land or one hundred sixty acres of nonirrigable grazing land to any one Indian; and when such settlement is made upon unsurveyed lands
the grant to such Indians shall be adjusted upon the survey of the Trust patents to in- lands so as to conform thereto, and patent shall be issued to them for
such lands in the manner and with the restrictions provided in the Act of which this is amendatory. And the fees to which the officers of such local land office would have been entitled had such lands been entered under the general laws for the disposition of the public lands shall be paid to them from any moneys in the Treasury of the United States not otherwise appropriated, upon a statement of an account in their behalf for such fees by the Commissioner of the General Land Office, and a certification of such account to the Secretary
of the Treasury by the Secretary of the Interior." tion, Wyo.
Sec. 18. That the last clause of the fifth paragraph of section Lise of proceeds from twenty-seven of the Indian appropriation Act of April fourth, nineAnte, p. 285, amend- teen hundred and ten, be, and it is hereby, amended so as to read as
follows: “and the money so paid shall be subject to the provisions of the Act 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 to make appropriations for carrying the same into effect,' approved March third, nineteen hundred and five.”
SEC. 19. That sections four hundred and sixty-eight, four hundred 2091, pp. 79, 365, re- and sixty-nine, and two thousand and ninety-one of the Revised pealed."
Statutes of the United States be, and they are hereby, repealed.
Payment of fees from the Treasury.
Vol. 33, p. 1020.
Vol. 18, p. 450.
Sisseton and Wahpeton Sioux.
Balance of funds
Transfers a uthor. ized.
Proceeds from sales
R.S., sec. 3618, p. 713.
R.S., sec. 3709, p. 733.
Sec. 20. That the following sections in the following Acts making Additional. appropriations for the current and contingent expenses of the Indian service, to wit: Section eight of the Act of March third, eighteen hundred and seventy-five; section eight of the Act of March second, Vol. 28, p. 908.
Vol. 31, p. 1085. eighteen hundred and ninety-five; section eight of the Act of March third, nineteen hundred and one; and section six of the Act of May Vol. 32, p. 274. twenty-seventh, nineteen hundred and two, be, and they are hereby, repealed.
SEC. 21. That the Secretary of the Interior is hereby authorized to expend for their benefit or pay to the Indians of the Sisseton and Wahpeton tribe, per capita in cash, the balance of the funds in the per capita. Treasury arising from the proceeds of sale of Sioux Indian lands in Minnesota and Dakota, the use of which is controlled by section four Vol. 12, p. 819. of the Act of March third, eighteen hundred and sixty-three, said sum being ten thousand and fifty-five dollars and forty-nine cents.
SEC. 22. That section six of the Indian appropriation Act of July Surplus property on first, eighteen hundred and ninety-eight, be, and it is hereby, amended 01. 30, p. 596, so as to read as follows:
"SEC. 6. That whenever there is on hand at any of the Indian reservations government property not required for the use and benefit of the Indians on such reservations, the Secretary of the Interior is authorized to cause any such property to be transferred to any other Indian reservation where it may be used advantageously, or to cause to be coveredom. it to be sold and the proceeds thereof deposited and covered into the Treasury in conformity with section thirty-six hundred and eighteen of the Revised Statutes of the United States." SEC. 23. That hereafter the purchase of Indian supplies shall be
Indian supplies. made in conformity with the requirements of section thirty-seven regular contracts. hundred and nine of the Revised Statutes of the United States: Provided, That so far as may be practicable Indian labor shall be employed, and purchases of the products of Indian industry may be products. made in open market in the discretion of the Secretary of the Interior. All Acts and parts of Acts in conflict with the provisions of this section are hereby repealed.
SEC. 24. That the Act entitled “An Act to allow the Minneapolis, Red Lake, Indian Red Lake and Manitoba Railway Company to acquire certain lands Grant of lands to in the Red Lake Indian Reservation, Minnesota," approved February Lake and Manitoba eighth, nineteen hundred and five, be, and the same is hereby, Railway Company. amended by adding at the end thereof a section reading as follows:
“Sec. 7. After said company shall have filed maps of definite location and the same shall have been approved by the Secretary of Vol. 33, p. 709, the Interior, as provided in section three, and compensation shall have been made to the tribes of Indians and occupants, as provided in section two, the Secretary of the Interior shall cause a patent for the land selected and taken to be issued to said company, the same to be in proper form to show the title vested in the company to the land selected by the terms of the grant in this Act contained.”
Sec. 25. That section twenty-four of the Act of May twenty-ninth, Kiowa, etc., pasture nineteen hundred and eight (Thirty-fifth Statutes at Large, page Vol. 35, p. 456, four hundred and forty-four), be amended to read as follows:
“SEC. 24. That the Secretary of the Interior shall cause an allotment of one hundred and sixty acres to be made under the provisions bers, born since June of the Act of June fifth, nineteen hundred and six, to each child of 5, 1906. Indian parentage born since that date who has not heretofore received an allotment, and whose father or mother was a duly enrolled member of either the Kiowa, Comanche, or Apache tribe of Indians in Oklahoma and entitled to allotment under the provisions of the Act of June sixth, nineteen hundred; said allotments to be made from the tracts of land remaining unsold in the pasture reserves' in the former Kiowa, Comanche, and Apache Reservation: Provided, That if there proportionate share is not sufficient land remaining unsold in said tracts to give an allot- if area insuflicient.
Patent for selected lands.
Allotment to chil. dren of enrolled mem
Mildred McIntosh, Creek Indian.
ment of one hundred and sixty acres to each child entitled, said allotment shall be made in such areas as the existing acreage will permit, each child entitled to be given his proportionate share, as nearly as practicable.”
SEC. 26. That all sales and conveyances made by Bunnie McIntosh, Sales by guardian legal guardian of Mildred McIntosh, a minor, mixed-blood Creek confirmed
Indian, under decree of the United States court of the western district of the Indian Territory, sitting at Wewoka, rendered on the ninth day of July, nineteen hundred and seven, and sold on the twentyseventh and twenty-eighth days of September, nineteen hundred and seven, and conveying various portions of the north half of the southeast quarter of section thirteen, township eleven north, range nine east of said lands, adjoining the town of Okemah, be, and the same are hereby, validated, and all restrictions upon said lands here
tofore placed by Act of Congress are removed. Chippewa Indian Sec. 27. That where the Secretary of the Interior has offered for
Sales of timber on sale the pine timber on lands classified as “pine lands” in the ceded pine lands. Vol. 25, p. 644. Chippewa Indian reservations in the State of Minnesota, either under
the provisions of section five of the Act of Congress approved January fourteenth, eighteen hundred and eighty-nine, entitled “An Act for the relief and civilization of the Chippewa Indians in the State of
Minnesota” (Twenty-fifth Statutes at Large, page six hundred and Vol. 32, p. 401. forty-two), or under the provisions of the Act of Congress amenda
tory thereof approved June twenty-seventh, nineteen hundred and two, entitled "An Act to amend 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 eightynine” (Thirty-second Statutes at Large, page four hundred), or shåll
hereafter offer for sale the timber on any such “pine lands” under Disposal of unsold the Act last described, and the same remains unsold, he shall be
authorized to sell the timber unsold at any such offering, after inserting notice of the proposed offering once each week for four consecutive weeks in not less than six newspapers or trade journals of general circulation, the first publication of said notice to be at least three
calendar months prior to the sale: Provided, That this provision shall Other provisions superseded. supersede any other provision of law with reference to the advertising Schedules
, etc., to of Chippewa Indian pine-timber lands for sale: Provided also, That applicants.
printed copies of the rules and regulations and a schedule of the lands and timber shall be furnished applicants therefor at least thirty days prior to the sale: And provided further, That except as herein modified the sale shall be conducted in accordance with the provisions of
the said Act of June twenty-seventh, nineteen hundred and two. opening to home. That should there be unsold pine timber on lands classified as "pine
lands" after a reoffering under this Act, the Secretary of the Interior is hereby authorized, if he deems it advisable, to open the lands on
which such timber is located to homestead settlement, in accordance Vol. 25, p. 644
with the provisions of section six of said Act of January fourteenth,
eighteen hundred and eighty-nine, with the condition that the settler Additional payment shall, at the time of making his original homestead entry, pay for the
timber at a rate per thousand feet to be fixed by the Secretary of the Interior, which shall not be less than the minimum price provided by existing law, such payment to be in addition to the price required by law to be paid for the land, the amount of timber to be determined in accordance with existing government estimates, or to be reestimated, if deemed advisable by the Secretary of the Interior, in such manner as he may prescribe and by such agents as he may designate
under the authority of the said Act of June twenty-seventh, nineteen Lands in National hundred and two: Provided, however, That nothing herein shall be
held to authorize the opening to settlement or entry of any land included in the National Forest created by the Act approved May
Conduct of sales.
Vol. 32, p. 400.
Vol. 35, p. 268.
dians of diminished reservation.
twenty-third, nineteen hundred and eight, entitled "An Act amending the Act of January fourteenth, eighteen hundred and eighty-nine, and Acts amendatory thereof, and for other purposes." Sec. 28. That the Secretary of the Interior be, and he hereby is, bawim on behippewah
, authorized and directed to withdraw from entry and settlement the Minn.
Village site reserved northeast quarter and the northeast quarter of the northwest quarter for. and lots numbered one and two, in section sixteen, township one hundred and forty-seven north, range twenty-six west, in the State of Minnesota, and to reserve said land as a permanent village site for the Winnibigoshish band of Chippewa Indians of Minnesota.
Sec. 29. That the Secretary of the Interior be, and he is hereby, i Flathead authorized to classify and appraise, under such rules and regulations Classitication, etc., as he may prescribe, all of the vacant, unallotted, and unreserved
of , . lands of the Flathead Indian Reservation, in the State of Montana, which have not been classified and appraised as provided for by the Act of Congress approved April twenty-third, nineteen hundred and Vol. 33, p. 302. four, entitled “An Act for the survey and allotment of lands now embraced within the limits of the Flathead Reservation, in the State of Montana, and the sale and disposal of all surplus lands after allotment,” and the classification and appraisement made hereunder shall be of the same effect as provided for in said Act; and the said Secretary, Disposal of. is hereby authorized to dispose of all lands classified as “barren, * burned over," and "containing small timber," under such rules and regulations as he may prescribe, at not less than their appraised value.
Sec. 30. That section two of the Act of March twenty-second, nineteen hundred and six, authorizing allotments on the Colville Allotments to InIndian Reservation, be, and the same hereby is, amended so as to authorize allotments to be made to Indians on the diminished Colville Reservation, in the State of Washington, entitled to allotments under existing laws in conformity with the general allotment laws as amended by section seventeen of this Act.
SEC. 31. That the Secretary of the Interior is hereby authorized, National forests. in his discretion, to make allotments within the national forests in dians living in. conformity with the general allotment laws as amended by section Ante, p. 859.
of this Act, to any Indian occupying, living on, or having improvements on land included within any such national forest who is not entitled to an allotment on any existing Indian reservation, or for whose tribe no reservation has been provided, or whose reservation was not sufficient to afford an allotment to each member thereof. All applications for allotments under the provisions of this section Applications, etc. shall be submitted to the Secretary of Agriculture, who shall determine whether the lands applied for are more valuable for agricultural or grazing purposes than for the timber found thereon; and if it be found that the lands applied for are more valuable for agricultural or grazing purposes, then the Secretary of the Interior shall cause allotment to be made as herein provided.
Sec. 32. Where deeds to tribal lands in the Five Civilized Tribes have been or may be issued, in pursuance of any tribal agreement or Act of Congress, to a person who had died, or who hereafter dies before ed to deceased inthe approval of such deed, the title to the land designated therein shall inure to and become vested in the heirs, devisees, or assigns of such deceased grantee as if the deed had issued to the deceased grantee during life.
SEC. 33. That the provisions of this Act shall not apply to the Osage Provisions not afIndians, nor to the Five Civilized Tribes, in Oklahoma, except as pro
fecting Osages, etc. vided in section thirty-two.
Approved, June 25, 1910.
Ante, p. 859.
Five Civilized Tribes.
Title to lands deed
June 25, 1910.
[8. 1874.) (Public, No. 314.)
CHAP. 432.-An Act Granting leaves of absence to homesteaders on lands to be irrigated under the provisions of the Act of June seventeenth, nineteen hundred and two.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That all qualified entrymen der, allowed leave une who have heretofore made bona fide entry upon lands proposed to be til water turned on. Vol. 32, p. 388. irrigated under the provisions of the Act of June seventeenth, nine
teen hundred and two, known as the national irrigation Act, may, upon application and a showing that they have made substantial improvements, and that water is not available for the irrigation of their said lands, within the discretion of the Secretary of the Interior, obtain leave of absence from their entries, until water for irrigation is turned into the main irrigation canals from which the land is to be irrigated:
Provided, That the period of actual absence under this Act shall not Required residence
be deducted from the full time of residence required by law.
Approved, June 25, 1910.
Defendant may be
tion in certain fenses.
June 25, 1910. CHAP. 433.-An Act For the establishment of a probation system for the District (S. 1942.)
of Columbia. [Public, No. 315.)
Be it enacted by the Senate and House of Representatives of the United District of Columbia: States of America in Congress assembled, That the supreme court of the
District of Columbia in general term may appoint one probation officer, at a salary of one thousand eight hundred dollars per annum, ånd as many volunteer assistant probation officers, male or female, as occasion may require; and that the police court of the District of Columbia may appoint one chief probation officer, at a salary of one thousand five hundred dollars per annum, and one assistant probation officer, at a salary of one thousand two hundred dollars per annum,
and as many volunteer assistant probation officers, male or female, Appointment. as occasion may require. All such probation officers and assistants
shall be appointed for a term of two years and may be removed by the Volunteer assist- respective courts appointing them. All such volunteer probation
officers shall serve without compensation, and shall have such powers and perform such duties as may be assigned to them by said courts.
SEC. 2. That said supreme court shall have power in any case, placed upon proba.
of- except those involving treason, homicide, rape, arson, kidnaping, or a
second conviction of a felony, after conviction or after a plea of guilty of a felony or misdemeanor and after the imposition of a sentence thereon but before commitment, and the said police court shall have like power, after a conviction or a plea of guilty in any case of misdemeanor, to place the defendant upon probation, provided that it shall appear to the satisfaction of the court that the ends of justice and the best interests of the public as well as of the defendant would be subserved thereby, and may suspend the imposition or execution of the
sentence, as the case may be, for such time and upon such terms as it Under probation of- may deem best and place the defendant in charge of a probation
officer. The probationer shall be provided by the clerk of the court with a written statement of the terms and conditions of his probation at the time when he is placed thereon. He shall observe the rules prescribed for his conduct by the court and report to the probation officer as directed. No person shall be put on probation except with
his or her consent. Investigation of SEC. 3. That the probation officers shall carefully investigate all
cases referred to them by the court, and make recommendations to the court to enable it to decide whether the defendant ought to be placed under probation, and shall report to the court, from time to time as may be required by it, touching all cases in their care, to the end that the court may be at all times fully informed of the circumstances and conduct of probationers.