INDIAN AFFAIRS: LAWS AND TREATIES

Vol. III, Laws     (Compiled to December 1, 1913)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1913.


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ACTS OF FIFTY–NINTH CONGRESS—SECOND SESSION, 1906–07.
CHAP. 2 | CHAP. 27 | CHAP. 151 | CHAP. 934 | CHAP. 1203 | CHAP. 2285 | CHAP. 2290 | CHAP. 2292 | CHAP. 2514 | CHAP. 2521 | CHAP. 2523 | CHAP. 2535 | CHAP. 2536 | CHAP. 2919 | CHAP. 2929 | CHAP. 2933

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Chapter 2536
Sections 2 | 3 | 4 | 5 | 6 | 7 | 8

Margin Notes
Chap. 2536 Rosebud Indian Reservation, S. Dak. Sale of Unallotted lands in.
Chap. 2536 Proviso. School lands reserved.
Sec. 2 Open to settlement.
Sec. 2 Provisos. Exchange of Indian allotments.
Sec. 2 Allotments to children.
Sec. 2 Homestead rights of soldiers and sailors not affected.
    R. S., secs. 2304, 2305.
    31 Stat., p. 847.
Sec. 3 Price of homestead lands.
Sec. 3 Terms.
Sec. 3 Forfeiture.
Sec. 3 Provisos. Commutation.
    R. S., sec. 2301.
Sec. 3 Fees, etc.
    34 Stat., 1231.
Sec. 3 Sale of remaining lands.
Sec. 4 Town sites reserved.
    R. S., sec. 2381.
Sec. 5 Disposal of proceeds.
Sec. 5 Final distribution per capita.
Sec. 6 Purchase of school lands for South Dakota.
Sec. 6 Acceptance of lieu lands.
Sec. 7 Appropriation for school lands.
Sec. 7 Expenses.
Sec. 7 Proviso. Reimbursement.
    34 Stat., 1232.
Sec. 8 Liability of United States limited.
Sec. 8 Proviso. Treaty rights retained.

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Chapter 2536
    Mar. 2, 1907. [H. R. 24987.] | [Public, No. 195.] 34 Stat., 1230.
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An act to authorize the sale and disposition of a portion of the surplus or unallotted lands in the Rosebud Indian Reservation in the State of South Dakota, and making appropriation and provision to carry the same into effect.

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, authorized and directed, as hereinafter provided, to sell or dispose of all that portion of the Rosebud Indian Reservation in South Dakota lying south of the Big White River and east of range twenty-five west of the sixth principal meridian, except such portions thereof as have been, or may hereafter be, allotted to Indians: Provided, That sections sixteen and thirty-six of the lands in each township shall not be disposed of, but shall be reserved for the use of the common schools and paid for by the United States at two dollars and fifty cents per acre, and the same are hereby granted to the State of South Dakota for such purpose.

SEC. 2

That the land shall be disposed of by proclamation, under the general provisions of the homestead and town-site laws of the United States, and shall be opened to settlement and entry by proclamation of the President, which proclamation shall prescribe the manner in which these lands may be settled upon, occupied, and entered by persons entitled to make entry thereof, and no person shall be permitted to settle upon, occupy, or enter any of said lands except as prescribed in such proclamation: Provided, That prior to the said proclamation the Secretary of the Interior, in his discretion, may permit Indians who have an allotment within the Rosebud Reservation to relinquish such allotment and to receive in lieu thereof an allotment anywhere within said reservation, and he shall also allot one hundred and sixty acres of land to each child of Indian parentage whose father or mother is or was, in case of death, a duly enrolled member of the Sioux Tribe to Indians belonging on the Rosebud Reservation who is living at the time of the passage and approval of this act and who has not heretofore received an allotment:1 Provided further, That the rights to honorably discharged. Union soldiers and sailors of the late Civil and Spanish Wars or Philippine insurrection, as defined and described in sections twenty-three hundred and four and twenty-three hundred and five of the Revised Statutes, as amended by the act of March first, nineteen hundred and one, shall not be abridged.2


1  40 L. D., 6.
2  40 L. D., 54.

SEC. 3

That the price of said lands entered as homesteads under the provisions of this act shall be as follows: Upon all and entered or filed upon within three months after the same shall be opened for settlement and entry, six dollars per acre, and upon all land entered or filed upon after the expiration of three months and within six months after the same shall have opened for settlement and entry, four dollars and fifty cents per acre; after the expiration of six months after the same shall have been opened for settlement and entry the price shall be two dollars and fifty cents per acre. The price shall be paid in accordance with rules and regulations to be presribed by the Secretary of the Interior upon the following terms: One-fifth of the purchase price to be paid in cash at the time of entry, and the balance in five equal annual installments, to be paid in one, two, three, four, and five years, respectively, from and after the date of entry. In case any entryman fails to make the annual payments, or any of them, promptly when due, all rights in and to the land covered by his entry shall cease, and any payments theretofore made shall be forfeited and the entry canceled, and the lands shall be reoffered for sale and entry under the provisions of the homestead law at the same price that it was first entered:3 And provided, That nothing in this act shall prevent homestead settlers from commuting their entries under section twenty-three hundred and one, Revised Statutes, by paying for the land entered the price fixed herein, receiving credit for payments pre–

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viously made. In addition to the price to be paid for the land, the entryman shall pay the same fees and commissions at the time of commutation or final entry as now provided by law, where the price of the land is one dollar and twenty-five cents per acre, and when the entryman shall have complied with all the requirements and terms of the homestead laws as to settlement and residence and shall have made all the required payments aforesaid he shall be entitled to a patent for the lands entered: And provided further, That all lands remaining undisposed of at the expiration of four years from the opening of the said lands to entry shall be sold to the highest bidder for cash at not less than two dollars and fifty cents per acre, under rules and regulations to be prescribed by the Secretary of the Interior, and that any lands remaining unsold after the said lands have been opened to entry for seven years may be sold to the highest bidder for such, without regard to the above minimum limit of price.


3  41 L. D., 128, 636.

SEC. 4

That the Secetary of the Interior is authorized to reserve from said lands such tracts for town-site purposes as in his opinion may be required for the future pubic interests, and he may cause the same to be surveyed into blocks and lots and disposed of under such regulations as he may prescribe, in accordance with section twenty-three hundred and eighty-one of the United States Revised Statutes. The net proceeds derived from the sale of such lands shall be credited to the Indians as hereinafter provided.

SEC. 5

That from the proceeds arising from the sale and disposition of the lands aforesaid, exclusive of the customary fees and commissions, there shall be deposited in the Treasury of the United States, to the credit of the Indians belonging and having tribal rights on the Rosebud Reservation, in the State of South Dakota, the sum of one million dollars, which shall draw interest at three per centum per annum of ten years, the interest to be paid to the Indians per capita in cash annually, share and share alike; that at the expiration of ten years, after one million dollars shall have been deposited as aforesaid, the said sum shall be distributed and paid to said Indians per capita in cash; that the balance of the proceeds arising from the sale and disposition of the lands as aforesaid shall be deposited in the Treasury of the United States to the credit of said Indians and shall be expended for their benefit under the direction of the Secretary of the Interior, and he may, in his discretion, upon an application by a majority of said Indians, pay a portion of the same to the Indians in case, per capita, share and share alike, if in his opinion such payments will be for the best interests of said Indians.

SEC. 6

That sections sixteen and thirty-six of the lands in each township within the tract described in section one of this act shall not be subject to entry, but shall be reserved for the use of the common schools and paid for by the United States at two dollars unit fifty cents per acre, and the same are hereby granted to the State of South Dakota for such purpose; and in case any of said sections, or parts thereof, are lost to said State of South Dakota by reason of allotments thereof to any Indian or Indians, or otherwise, the governor of said State, with the approval of the Secretary of the Interior, is hereby authorized, within the tract described herein, to locate other lands not occupied not exceeding two sections in any one township, which shall be paid for by the United States as herein provided, in quantity equal to the loss, and such selections shall be made prior to the opening of such lands to settlement.

SEC. 7

That there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of one hundred and sixty-five thousand dollars, or so much thereof as may be necessary, to pay for the lands granted to the State of South Dakota, as provided in section six of this act. And there is hereby appropriated the further

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sum of fifteen thousand dollars, or so much thereof as may be necessary, for the purpose of making the allotments provided for herein: Provided, That the same shall be reimbursed to the United States from the proceeds received from the sale of the lands described herein or from any money in the Treasury belonging to said Rosebud Indians.

SEC. 8

That nothing in this act contained shall in any manner bind the United States to purchase any portion of the land herein desribed, except sections sixteen and thirty-six or the equivalent in each township, or to dispose of said land except as provided herein, or to guarantee to find purchasers for said lands or any portion thereof, it being the intention of this act that the United States shall act as trustee for said Indians to dispose of said lands and to expend and pay over the proceeds received from the sale thereof only as received, as herein provided: Provided, That nothing in this act shall be construed to deprive the said Indians of the Rosebud Reservation, in South Dakota, of any benefits to which they are entitled under existing treaties or agreements not inconsistent with the provisions of this act.

Approved, March 2, 1907.


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