Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.
|Chap. 421||Red Pipestone Indian Reservation, Minn.
1876, c. 289, note, ante, p. 166.
|Chap. 421||Appraisal of lands to be made.|
|Chap. 421||Right of way reserved.|
|Sec. 2||Prior right to former dispossessed settlers.|
|Sec. 2||Auction sale of land.|
|Sec. 3||Consent of Indians requisite.|
|Sec. 3||Patents to issue.|
|Sec. 3||Proviso. Employees of the Government.|
|Sec. 4||Appropriation for expenses.|
Be it enacted 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, directed to appoint three discreet persons, at least one of whom shall be a resident and freeholder of the State of Minnesota, to appraise and report to him the actual value, exclusive of improvements, of all the lands embraced within the exterior limits of the Red Pipestone Indian Reservation in the State of Minnesota, save and except the southwest quarter of section one, in township one hundred and six north, of range forty-six west, and also the actual value of the strip of land one hundred feet in width over and across said reservation, now occupied by the Cedar Rapids, Iowa Falls and Northwestern Railway Company, as well as the damage to the balance of the lands of said reservation by reason of the taking and occupying of said strip for railroad purposes; and said commissioners shall also appraise and report the value of any improvements that may be found on any of said lands with the name of the person who made the same.
That any person who has heretofore resided on and made improvements on any of said lands, but who was compelled by the military authorities of the United States to abandon the same, shall be entitled to the prior right for the period of six months after the filing of the said report, to enter and purchase the land (not exceeding one hundred and sixty acres) so occupied and improved by such person at the price at which the same was appraised by said commissioners, exclusive of improvements. But if the person entitled to make such purchase shall fail to avail himself of his prior right within the time stated, then the Secretary of the Interior shall cause said lands, or such thereof as remain unentered, to be sold to the highest bidder, and at a price not less than the appraised valuation of such lands and improvements; such sale to be held at the local land office for the district in which they are located; and the said railroad company shall be entitled to enter and purchase the aforesaid strip of land of the width aforesaid, now occupied by its roadbed by paying the amount so assessed as the value thereof together with the amount of damages assessed as aforesaid.
This act shall take effect and be in force and authorize the entry and sale of the said right of way, or of any tract or parcel of land so appraised, so soon as, and not until, a majority of the adult male Indians of the Yankton tribe of Sioux Indians consent to the entry and sale of such right of way, or of said appraised lands, or of any part of the same. And if said Indians shall at any future time consent in the manner above stated, to the sale or disposal of any tract or parcel of said appraised land, to the sale of which their consent had not theretofore been given, such tract or parcel shall then be sold in the manner hereinbefore provided. Patents shall be issued in due form for any lands, or the right of way, entered or sold by virtue of this act, and the moneys arising from the sale of said land, right of way, and damages, after deducting the expense of said appraisement, shall be covered into the annuity fund of said Indians, or expended in such manner as the Indians may determine,
subject to the approval of the Secretary of the Interior; that the commissioners hereunder shall be paid the sum of five dollars per day for the time actually occupied in performing the duties conferred upon them by this act; Provided, That any officer or employee of the Government detailed to act as commissioner shall be paid his actual and necessary traveling and other expenses only.
That there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of five hundred dollars, or so much thereof as may be necessary, to defray the expense of procuring the consent of said Indians, and to pay said commissioners.
Approved, March 2, 1889.