April 27, 1904. [H. R. 13300.] [Public, No. 182.] Erie, Pa. Use of land for waterworks on Presque Isle Peninsula granted to. CHAP. 1623.-An Act Granting certain rights and privileges to the commissioners of waterworks in the city of Erie, Pennsylvania. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the commissioners of waterworks in the city of Erie, State of Pennsylvania, are hereby granted the right to use and occupy so much of the land belonging to the United States, known as Presque Isle Peninsula, not exceeding one hundred and seventy-five acres, as may be necessary for the purpose of laying, extending, protecting, and maintaining an intake pipe, and for laying out, installing, building, maintaining, and operating the necessary reservoirs, settling basins, and filtration beds, for the waterworks of the said city of Erie, and in connection there with to construct and maintain buildings, houses, and sheds, to reclaim marsh lands, to plant trees and shrubs, to build and maintain walks, roads, docks, and any other works, improvements, or structures that may be required for the purpose of supplying the city of Erie with water, and for no other purpose: Provided, That the use and occupation of the said lands shall in no manner affect the right, title, and interest of the United States in and to such land, nor the Government right of passage across the land so occupied; and the said commissioners of waterworks shall do nothing that may injuriously affect the harbor of Erie or the peninsula of Presque Isle as a protection for this harbor: Provided Nonliability of further, That the United States shall not be liable for any damage United States for dam- whatever that may at any time occur to the waterworks improvement: Secretary of War to And provided further, That the exercise of the right hereby granted, and the execution of any work hereby authorized, shall be in accordance with such plans and specifications as may be approved by the Secretary of War, and subject to such further stipulations and conditions as he may prescribe. Provisos. Government rights reserved. Restriction. ages. approve plans, etc. Amendment. SEC. 2. That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, April 27, 1904. April 27, 1904. [H. R. 11676.] [Public, No. 183.] Preamble. Crow Indian Reservation, Mont. Vol. 29, p. 341. Agreement with CHAP. 1624.-An Act To ratify and amend an agreement with the Indians of the Crow Reservation in Montana, and making appropriations to carry the same into effect. Whereas Benjamin F. Barge, James H. McNeely, and Charles G. Hoyt, acting for and on behalf the United States, did, on the fourteenth day of August, A. D., eighteen hundred and ninety-nine, make and conclude an agreement with the Indians of the Crow Reservation, in Montana, which said agreement is in words and figures as follows: Whereas Benjamin F. Barge, James H. McNeely, and Charles G. Hoyt, being duly appointed as commissioner[s] on behalf of the United States by the Secretary of the Interior under and by virtue of an act of Congress approved June 10th, 1896 (29 U. S. Statutes A. L., page 341), entitled "An act making appropriations for current and contingent expenses of the Indian Bureau of the Interior Department and fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June 30th, 1857, and for other purposes," and by said act being authorized to negotiate with the Crow Indians, in the State of Montana, for the cession of a portion of their reservation; and whereas the Indians residing on and having rights upon the said Crow Indian Reservation in the State of Montana are willing to dispose of a portion of their surplus lands: Now therefore, this agreement made and entered into by and between Crow Indians for sale the aforesaid commissioners on behalf of the United States of America and the head men and a majority of the male adults residing upon and of portion of. having rights on the Crow Indian Reservation in the State of Montana, witnesseth: ARTICLE I. That the said Indians of the Crow Reservation do hereby Lands ceded. cede, grant and relinquish to the United States all right, title and interest which they may have to the lands embraced within and bounded by the following-described lines: Beginning at the northeast corner of the said Crow Indian Reservation; thence running due south to a point lying due east of the northeast corner of the Fort Custer Military Reservation; thence running due west to the northwest corner of said Fort Custer Military Reservation; thence due south to the southwest corner of said Fort Custer Military Reservation; thence due west to the intersection of the line between sections ten and eleven, township two south, range twenty-eight east of the principal meridian of Montana; thence due north to the intersection of the Montana base line; thence due west to the intersection of the western boundary of the Crow Indian Reservation; thence in a northeasterly direction, following the present boundary of said reservation to point of beginning. Price. Expenditure of ARTICLE II. That in consideration of the land ceded, granted and relinquished as aforesaid, the United States stipulates and agrees to funds. pay to and expend for the Indians of the said reservation eleven hundred and fifty thousand dollars, in the following manner, to wit: Ninety thousand dollars, or so much thereof as may be necessary shall be expended under the direction of the Secretary of the Interior in the extension and completion, including the necessary laterals of the system of irrigation now being constructed on said reservation. Irrigation. Ditches. Provisos. Ten thousand dollars shall be expended under the direction of the Secretary of the Interior in the building, extension or completion of individual Indian ditches, Provided, That none of the above sum shall be expended without the knowledge and consent of the Indian agent. agent. One hundred thousand dollars shall be placed in the Treasury of the United States to the credit of the Crow Indians as a trust fund, the same to remain in the Treasury for fifteen years and shall draw interest at the rate of four per cent per annum, said interest to be expended by the Secretary of the Interior in maintaining and managing said irrigation system, Interest. Disposal of trust fund at expiration of Provided further, That at the expiration of the fifteen years abovementioned such disposition shall be made of said fund as the Indians, deposit period. with the consent of the Secretary of the Interior, may determine. Two hundred forty thousand dollars shall be expended, under the direction of the Secretary of the Interior in the purchase of twoyear-old Southern heifers, the same to be placed upon the Crow Indian Reservation, and added to the present herd now owned in common by the Crow tribe of Indians; Purchase of cattle. Additional pur Additional amounts may be expended for cattle from time to time at the request of the Indians under the direction of the Secretary of the chases. Interior. Provided further, That during the year 1902 all cattle owned at that time in common by the Crow tribe of Indians shall be divided equally between said Indians, share and share alike to every man, woman and child having rights upon the Crow Reservation. Cattle common. owned in Fifteen thousand dollars shall be spent in the purchase of jackasses Jackasses, etc. or stallions, either or both, in the discretion of the Secretary of the Interior, the same to be placed upon the Crow Reservation for the benefit of the Crow Indians. Forty thousand dollars shall be expended under the direction of the Secretary of the Interior in the purchase of two-year-old ewes, the same to be placed upon the Crow Reservation for the benefit of the Crow Indians. Forty thousand dollars or as much thereof as may be necessary, shall be expended, by the Secretary of the Interior in fencing the VOL XXXIII, PT 1- -23 Ewes. Fences. School buildings. Hospital. Trust fund. Interest. Special fund for Indians. Expenses of visit to Washington, D. C. Deposit of balance in Treasury. payment ally. Crow Reservation, said fence to be built of six strands of galvanized barbed cattle wire, with either cedar posts not less than four inches in diameter at the small end or iron posts set sixteen feet apart with three metallic stays between each two posts; said fence to be well built and properly braced and anchored. One hundred thousand dollars, or as much thereof as may be necessary, shall be expended by the Secretary of the Interior in the erection, purchase and repair of such school buildings as he may deem necessary. Ten thousand dollars shall be expended by the Secretary of the Interior, in the erection and furnishing of a hospital at the agency for the benefit of the Crow Indians. Fifty thousand dollars shall be placed in the Treasury of the United States to the credit of the Crow tribe of Indians as a trust fund, and shall bear interest at the rate of four per cent per annum; said interest to be used, under direction of the Secretary of the Interior, to cover necessary expenses of maintaining said hospital. Fifty thousand dollars shall be deposited in the Treasury of the United States to the credit of the Crow tribe of Indians, the same to be expended for their benefit from time to time by the Secretary of the Interior, in such manner as he may direct. Three thousand dollars, or as much thereof as may be necessary, is hereby appropriated and set apart to pay the expenses of ten Crow Indians, two interpreters and the agent to visit Washington at such time as permission is received from the Secretary of the Interior. The balance of the principal sum due the Crow Indians under this agreement shall be placed in the Treasury of the United States to their credit as a trust fund and shall bear interest at the rate of four per cent Per capita annuity, per annum; said interest to be added annually to the principal and an semiannu- annual annuity payment of twelve dollars per capita shall be paid, in cash, to every man, woman and child having rights upon the reservation; said annuity to be paid semiannually in accordance with such rules and regulations as the Secretary of the Interior may prescribe. Provided further, That two hundred thousand dollars of the lastnamed sum may be expended in the further purchase of cattle or sheep should a majority of the Indians so decide, and the same be approved by the Secretary of the Interior. Purchase of additional cattle, etc. Provided further, That when each object for which a specific appropriation has been made in this agreement shall have been fully carried out and completed then the balance remaining of said appropriation may be expended for the benefit of the Crow tribe or placed to their credit in such manner as the Secretary of the Interior may determine. It is further agreed that in the construction of ditches, dams, canals and fences that no contract shall be awarded; nor employment given to other than Crow Indians, or whites intermarried with them, except that any Indian employed in construction may hire white men to work for him if he so desires. Provided further, That nothing herein contained shall be construed to prevent the employment of such engineers or other skilled employees, or to prevent the employment of white labor where it is impracticable for the Crows to perform the same. None of the money due to the said Indians under this agreement shall be subject to the payment of any claims, judgments. [or] demands against said Indians for damages or depredations claimed to have been committed prior to the signing of this agreement. ARTICLE III. All lands upon that portion of the reservation hereby granted, ceded and relinquished which have, prior to the date of this agreement been allotted in severalty to Indians of the Crow tribe shall be reserved for said Indians, or where any Indians have homes on such lands they shall not be removed therefrom without their consent, and those not allotted may receive allotments on the lands they now occupy, But in case any prefer to move they may select land elsewhere on that portion of said reservation not hereby ceded granted or relinquished, and not occupied by any other Indians, and should they decide not to move their improvements, then the same may be sold for their benefit, said sale to be approved by the Secretary of the Interior, and the cash proceeds shall be paid to the Indian or Indians whose improvements shall be so sold. Sale ments. ARTICLE IV. That for the purpose of segregating the ceded lands Surveys. from the diminished reservation the new boundary lines described in Article I of this agreement shall, when necessary be properly surveyed and permanently marked in a plain and substantial manner by prominent and durable monuments, the cost of said survey to be paid by the United States. ARTICLE V. The water from streams on that portion of the reservation now sold, which is necessary for irrigating on land actually cultivated, and in use, shall be reserved for the Indians now using the same so long as said Indians remain where they now live. of improve Water supply reserved for irrigation. ARTICLE VI. It is further agreed that a statement of all expenditures Expenditures. under the various provisions of this agreement shall be sent to the agent of the Crow Indians twice a year, or at such times as the Secretary of the Interior may direct, showing the amounts expended and the balance remaining on hand in each of the several funds. Benefits under existing treaties not dis ARTICLE VII. The existing provisions of all former treaties with the Crow tribe of Indians not inconsistent with the provisions of this turbed. agreement, are hereby continued in force and effect, and all provisions thereof inconsistent herewith are hereby repealed. ARTICLE VIII. This agreement shall take effect and be in force when signed by the commissioners and a majority of the male Indians of the Crow tribe over eighteen years of age, and ratified by the Congress of the United States, and should any article in the agreement fail of confirmation by Congress, then the whole shall be null and void. Signed on the part of the United States Government by the commissioners aforesaid and by the following Indians of the Crow tribe having rights on the Crow Reservation in the State of Montana. CROW AGENCY, MONTANA, August 14, 1899: Witness: FRED. E. MILLER. CHARLES G. HOYT, Commissioner. Two (x mark) LEGGINS. I hereby certify that I was chosen, by the Indians to act as interpreter during the councils held to discuss the foregoing agreement; that I truly interpreted for the commissioners and for the Indians, and that they thoroughly understand the entire matter. Witness: C. N. CROTSENBURG. CARL LEIDER, Interpreter. We hereby certify that we were present at the councils held to discuss the foregoing agreement; that we understand the Crow language, and that the provisions of this agreement were correctly interpreted to the Indians, and that they understood the entire matter. FRANK SHANE. Effect. Witnesses: H. J. SHOBE. F. G. MATTOON. CROW AGENCY, MONT., August 14, 1899. ed. CROW AGENCY, MONT., August 14, 1899. I hereby certify that three hundred and seventeen Indians constitute a majority of the male adult Indians over 18 years old residing on, or having rights upon the Crow Indian Reservation, in the State of Montana. And J. E. EDWARDS, United States Indian Agent. Whereas: The Indians of said Crow reservation consented to the modification of the aforesaid agreement, as evidenced by an instrument executed by them on the twenty-seventh day of April, A. D., nineteen hundred and one, in words and figures as follows: CROW AGENCY, Montana, April 27, 1901. We, the undersigned members of the Crow tribe of Indians, hereby consent and agree to the amendment of an agreement concluded with our tribe August 14th, 1899, by the addition of the following article thereto: Article IX: The right to take out water upon the diminished reservation subject to any prior claim of the Indians thereto by reason of previous appropriation, and the right to construct, maintain, and operate dams, flumes and canals upon and across the said diminished reservation for the purpose of irrigating lands within any portion of the ceded tract, are hereby granted, such rights to be exercised by persons, companies or corporations under such rules, regulations and requirements as may be prescribed by the Secretary of the Interior. We certify on honor that we were present and witnessed the signing of the above agreement by the adult male members of the Crow tribe of Indians, numbered from 1 to 526. F. G. MATTOON I certify on honor that I interpreted the above amendment to the agreement, and the succeeding agreement, for the Indians and that they fully understood the conditions of the same, and that I witnessed the signing of same by the adult male members of the Crow tribe of Indians, numbered from 1 to 526. T. LAFORGE, Interpreter. I certify on honor that the Indians whose names are attached to the above list, numbered from one (1) to five hundred twenty-six (526) are all adult, male members of the Crow tribe of Indians, and that each one is entitled to and does receive an equal portion of the benefits of the Crow tribe of Indians, and are entitled to signify their willingness to the above undertaking. I further certify that three hundred twenty-three (323) Indians constitute a majority of the adult, male Crow Indians having rights on the Crow Indian Reservation in the State of Montana. Therefore, J. E. EDWARDS, U. S. Indian Agent. Be it enacted by the Senate and House of Representatives of the United Agreement amend States of America in Congress assembled, That said agreement be, and the same is hereby, modified and amended to read as follows: "ARTICLE I. That the said Indians of the Crow Reservation do hereby cede, grant, and relinquish to the United States all right, title, and interest which they may have to the lands embraced within and bounded by the following-described lines: Beginning at the northeast corner of Lands cled. |