CHAP. 210.-An act making appropriations for the current and Mar. 3, 1911. contingent expenses of the Bureau of Indian Affairs, for fulfill- [H. R. 28406.] ing treaty stipulations with various Indian tribes, and for other [Public, No. purposes, for the fiscal year ending June thirtieth, nineteen 454.] 36 Stat., 1058. hundred and twelve. partment ap 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, Indian Deappropriated out of any money in the Treasury not propriations. otherwise appropriated for the purpose of paying the current and contingent expenses of the Bureau of Indian 36 Stat., 1059. Affairs, for fulfilling treaty stipulations with various Indian tribes, and in full compensation for all offices the salaries for which are provided for herein for the service of the fiscal year ending June thirtieth, nineteen hundred and twelve, namely: SEC. 17. For expense of administration of the affairs of the Five Civilized Tribes, Oklahoma, including the salary of superintendent at not to exceed four thousand five hundred dollars per annum, and the compensation of all employees, one hundred and seventy-five thousand dollars. Administra tion expenses. 36 Stat., 1069. Interior to That the Secretary of the Interior be, and he is hereby, Employee to authorized to designate an employee or employees of the of Secretary of Department of the Interior to sign, under the direction tribal deeds, of the Secretary, in his name and for him, his approval etc. of tribal deeds to allottees, to purchasers of town lots, to purchasers of unallotted lands, to persons, corporations, 36 Stat., 1070. or organizations for lands reserved to them under the law for their use and benefit, and to any tribal deeds made and executed according to law for any of the Five Civilized Tribes of Indians in Oklahoma." For salaries and expenses of district agents for the Five Civilized Tribes in Oklahoma and other employees connected with the work of such agents, one hundred thousand dollars. District agents, etc. Choctaws. treaties. 7 Stat., 99. 11 Stat., 614. Fulfiliing Annuities. men. Light horse- 7 11 Stat., 614. For fulfilling treaties with Choctaws, Oklahoma: For permanent annuity (article two, treaty of November sixteenth, eighteen hundred and five, and article thirteen, treaty of June twenty-second, eighteen hundred and fifty-five), three thousand dollars; for permanent annuity for support of light horsemen (article thirteen, treaty of October eighteenth, eighteen hundred and twenty, and article thirteen, treaty of June twenty-second, eighteen hundred and fifty-five), six hundred dollars; for permanent annuity for support of blacksmith (article six, treaty of October eighteenth, eighteen hundred and 236. twenty, and article nine, treaty of January twentieth, eighteen hundred and twenty-five, and article thirteen, treaty of June twenty-second, eighteen hundred and fiftyfive), six hundred dollars; for permanent annuity for 26831-16-36 Blacksmith. 7 Stat., 235, 11 Stat., 014. 7 Stat., 235. Education education (article two, treaty of January twentieth, 11 Stat., 611. eighteen hundred and twenty-five, and article thirteen, treaty of June twenty-second, eighteen hundred and fiftyfive), six thousand dollars; for permanent annuity for Iron and iron and steel (article nine, treaty of January twentieth, 7 Stat., 236. eighteen hundred and twenty-five, and article thirteen, treaty of June twenty-second, eighteen hundred and fiftyfive), three hundred and twenty dollars; in all, ten thousand five hundred and twenty dollars. steel. 11 Stat., 614. Choctaws and Chickasaws. tracts. That tribal contracts which are necessary to the adTribal con- ministration of the affairs of the Choctaw and ChickaProviso. saw Tribes of Indians may be made by the Secretary of For legal the Interior: Provided, That contacts for professional services. Limit. legal services of attorneys may be made by the tribes for a stipulated amount and period, in no case exceeding one year in duration and five thousand dollars per annum in amount, with reasonable and necessary expenses to be apApproved by proved and paid under the direction of the Secretary of the Interior, but such contracts for legal services shall not be of any validity until approved by the President. President. Deposit of tribal funds. The net receipts from the sales of surplus and unallotted lands and other tribal property belonging to any of the Five Civilized Tribes, after deducting the necessary expense of advertising and sale, may be deposited in national or State banks in the State of Oklahoma in the discretion of the Secretary of the Interior, such depositories to be designated by him under such rules and reguDesignation lations governing the rate of interest thereon, the time of banks, etc. of deposit and withdrawal thereof, and the security Use of inter- therefor, as he may prescribe. The interest accruing on such funds may be used to defray the expense of the per capita payments of such funds. est. J. Blair Claim against, remitted. That the Secretary of the Treasury be, and he is hereby, Schoenfelt. authorized and directed to remit the claim of the United States against J. Blair Schoenfelt, late United States Indian agent, Union Agency, Oklahoma, and the SecRepayment. retary of the Treasury is further authorized and directed to pay to J. Blair Schoenfelt the sum of three thousand five hundred and seventy-eight dollars and sixty-three cents, being the amount he has paid to the United States, and the Secretary of the Treasury is further authorized and directed to place to the credit of the proper Indian funds the sum of three thousand seven hundred and two dollars and seventy-four cents. CHAP. 240.-An act making appropriations to supply deficiencies Mar. 4, 1911. in appropriations for the fiscal year nineteen hundred and (II. R. 32957.) eleven and for prior years, and for other purposes. [Public, No. 480.] Be it enacted by the Senate and House of Representa- 36 Stat., 1289. tives of the United States of America in Congress assembled, That the following sums be, and are hereby, appropriated, out of any money in the Treasury not Deficiencies otherwise appropriated, to supply deficiencies in appropriations for the fiscal year nineteen hundred and eleven and for prior years, and for other purposes, namely: * appropriations. INDIAN AFFAIRS. Indian af fairs. Administra 36 Stat., 1309. Administration of affairs of the Five Civilized Tribes: Five CiviFor expense of administration of affairs of the Five lized Tribes. Civilized Tribes, Oklahoma, in the completion of the tion expenses. work heretofore required by law to be done by the Commissioner to the Five Civilized Tribes, including salaries of employees and expenses incident to the selling of the unallotted lands of the Five Civilized Tribes, and in the reappraisement and selling of the unallotted timber lands of the Choctaw Nation and the timber thereon; the amount appropriated to be reimbursable from the pro- Reimburseceeds of the sales of said lands and timber, thirty thou- ment. sand dollars. * Approved, March 4, 1911. Joint resolution to authorize the Secretary of the Interior to Aug. 22, 1911. make a per capita payment to the enrolled members of the II. J. R. 141.] Choctaw, Chickasaw, Cherokee, and Seminole Indians of the Five Civilized Tribes entitled to share in the funds of said tribes. 37 Stat., 44. Per capita payment Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the Secretary of the Interior be, and he is hereby, authorized, in his discretion, to make a per capita pay- Five ment to the enrolled members of the Choctaw, Chickasaw, Tribes. Cherokee, and Seminole Indians of the Five Civilized Tribes entitled under existing law to share in the funds of said tribes, or to their lawful heirs, out of any moneys belonging to said tribes in the United States Treasury, or deposited in any bank, or held by any official under the jurisdiction of the Secretary of the Interior, said payment not to exceed fifty dollars per capita and to be made under such regulations as he may prescribe: Provided, That in cases where such members are Indians whose restrictions have not been removed the Secretary of the Interior may in his discretion withhold such payment and use the same for their benefit. Approved, August 22, 1911. to Civilized Feb. 19, 1912. CHAP. 46.-An act to provide for the sale of the surface of the [H. R. 14055.] segregated coal and asphalt lands of the Choctaw and Chickasaw Nations, and for other purposes. [Public, No. 91.] 37 Stat., 67. Oklahoma. lands to be sold. appraise lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemSurface of bled, That the Secretary of the Interior is hereby authorsegregated ized to sell at not less than the appraised price, to be Choctaw and fixed as hereinafter provided, the surface, leased and unleased, of the lands of the Choctaw and Chickasaw Nations in Oklahoma segregated and reserved by order of 37 Stat., 68. the Secretary of the Interior dated March twenty-fourth, nineteen hundred and three, authorized by the act ap32 Stat., 651. proved July first, nineteen hundred and two. The surface herein referred to shall include the entire estate save Commission the coal and asphalt reserved. Before offering such surto classify and face for sale the Secretary of the Interior, under such regulations as he may prescribe, shall cause the same to be classified and appraised by three appraisers, to be appointed by the President, at a compensation to be fixed by him, not to exceed for salary and expenses for each appraiser the sum of fifteen dollars per day for the time actually engaged in making such classification and appraisement. The classification and appraisement of the surface shall be by tracts, according to the Government survey of said lands, except that lands which are especially valuable by reason of proximity to towns or cities may, in the discretion of the Secretary of the Interior, be subdivided into lots or tracts containing not less than one acre. In appraising said surface the value of any improvements thereon belonging to the Choctaw and Chickasaw Nations, except such improvements as have been. placed on coal or asphalt lands leased for mining purClassification. poses, shall be taken into consideration. The surface shall be classified as agricultural, grazing, or as suitable for town lots. The classification and appraisement provided for herein shall be completed within six months from the date of the passage of this act, shall be sworn to by the appraisers, and shall become effective when apEvidence of proved by the Secretary of the Interior: Provided, That in the proceedings and deliberation of said appraisers in the process of said appraisement and in the approval thereof the Choctaw and Chickasaw Nations may present for consideration facts, figures, and arguments bearing upon the value of said property. Value of improvements. values. Rights of lease mining SEC. 2. That after such classification and appraisement holders. has been made each holder of a coal or asphalt lease shall have a right for sixty days, after notice in writing, to purchase, at the appraised value and upon the terms and conditions hereinafter prescribed, a sufficient amount of the surface of the land covered by his lease to embrace improvements actually used in present mining operations or necessary for future operations up to five per centum of such surface, the number, location, and extent of the Provisos. Effect of pur tracts to be thus purchased to be approved by the Secretary of the Interior: Provided, That the Secretary of the Interior may, in his discretion, enlarge the amount land. of land to be purchased by any such lessee to not more than ten per centum of such surface: Provided further, That such purchase shall be taken and held as a waiver chase. by the purchaser of any and all rights to appropriate to his use any other part of the surface of such land, except for the purpose of future operations, prospecting, and for ingress and egress, as hereinafter reserved: Provided further, That if any lessee shall fail to apply to purchase under the provisions of this section within the for mining op time specified the Secretary of the Interior may, in his erations. discretion, with the consent of the lessee, designate and reserve from sale such tract or tracts as he may deem proper and necessary to embrace improvements actually used in present mining operations, or necessary for future operations, under any existing lease, and dispose of the remaining portion of the surface within such lease free and clear of any claim by the lessee, except for the purposes of future operations, prospecting, and for ingress and egress, as hereinafter reserved. Reservations Compensa Arbitration of differences. SEC. 3. That sales of the surface under this act shall, Sales subject to mining be upon the conditions that the Choctaw and Chickasaw rights, etc. Nations, their grantees, lessees, assigns, or successors, shall have the right at all times to enter upon said lands for the purpose of prospecting for coal or asphalt thereon, and also the right of underground ingress and egress, without compensation to the surface owner, and upon the further condition that said nations, their grantees. tion. lessees, assigns, or successors, shall have the right to acquire such portions of the surface of any tract, tracts, 37 Stat., 69. or rights thereto as may be reasonably necessary for prospecting or for the conduct of mining operations or for the removal of deposits of coal and asphalt upon paying a fair valuation for the portion of the surface so acquired. If the owner of the surface and the then owner or lessee of such mineral deposits shall be unable to agree upon a fair valuation for the surface so acquired, such valuation shall be determined by three arbitrators, one to be appointed, in writing, a copy to be served on the other party by the owner of the surface, one in like manner by the owner or lessee of the mineral deposits, and the third to be chosen by the two so appointed; and in case the two arbitrators so appointed should be unable to agree upon a third arbitrator within thirty days, then and in that event, upon the application of either interested party, the United States district judge in the district within which said land is located shall appoint the third arbitrator: Provided, That the owner of such mineral deposits or lessee thereof shall have the right of entry upon the surface so to be acquired for mining purposes immediately after the failure of the parties to agree upon a Proviso. Entry by miner. |